TEFLPA User Agreement


By using the TEFLPA website, you are agreeing to be bound by the following terms and conditions ("User Agreement").

The User Agreement contains important information regarding your legal, rights, remedies and obligations. It contains various limitations and exclusions, and information on the governing law and jurisdiction, so please read it carefully.

TEFLPA reserves the right to update and change the User Agreement from time to time without notice. Any new features that supplement or enhance the existing Services, including the release of new tools and features, shall be subject to the User Agreement. After any such changes, continued use of the Services shall constitute your consent to such changes. It is therefore your responsibility to check the User Agreement regularly for any changes. You can review the most current version of the User Agreement at: http://www.teflpa.com/useragreement

Last Updated: November 26, 2015

TEFLPA Ltd. (hereafter referred to as "TEFLPA", "we", "us", or "our") provides an online platform that connects English Tutors who offer English Tuition with Students seeking to book and receive such Tuition, allows English Tutors to organise and manage their Students and tutoring schedules online, and provides Institutes with a space to post up Job Adverts (collectively, the "Services”), which can be accessed at http://www.teflpa.com and on mobile devices and any other devices and websites
(collectively, the "Site”) through which TEFLPA makes the Services available. By using the Site, you agree to comply with and be legally bound by the terms and conditions of this User Agreement ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Services and all Collective Content (defined below), and constitute a binding legal agreement between you and TEFLPA. Please read carefully these Terms and our Privacy Policy, which may be found at http://www.teflpa.com/privacypolicy, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH ENGLISH TUTORS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR TUITION (DEFINED BELOW), AND STUDENTS (DEFINED BELOW) MAY FIND OUT ABOUT AND BOOK TUITION DIRECTLY WITH THE ENGLISH TUTORS, AND INSTITUTES (DEFINED BELOW) MAY POST JOB ADVERTS (DEFINED BELOW) FOR THE ATTENTION OF ENGLISH TUTORS WHO MAY CONTACT THE INSTITUTE TO APPLY FOR THE JOB EXTERNAL TO THE SITE. YOU UNDERSTAND AND AGREE THAT TEFLPA IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN ENGLISH TUTORS AND STUDENTS OR ENGLISH TUTORS AND INSTITUTES, NOR IS TEFLPA AN AGENT OR INSURER. TEFLPA HAS NO CONTROL OVER THE CONDUCT OF ENGLISH TUTORS, STUDENTS, INSTITUTES AND OTHER USERS OF THE SITE AND SERVICES OR ON THE EFFICACY OF ANY TUITION, AND DISCLAIMS ALL LIABILITY IN THESE REGARDS.


Key Terms

"Collective Content” means Member Content and TEFLPA Content.

"Content”means text, graphics, images, music, software, audio, video, information or other materials.

"English Tutor” means a Member who creates a Listing via the Site and Services, or uses the Site and Services to organise and manage their English Students and tutoring schedules.

"Institute” means a Member or company who creates and publishes a Job Advert via the Site and Services to advertise an employment position to English Tutors, OR uses the Site and Services to manage their published Job Adverts on the Site.

"Job Advert”means an advert that is created and published on the Site and Services to invite English Tutors to apply for a job external to the Site and Services.

"Listing” means Tuition that is listed by an English Tutor as being available for booking via the Site and Services.

"Member” means a person who completes TEFLPA’s account registration process, including, but not limited to English Tutors, Students and Institutes, as described under "Account Registration” below.

"Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

"Service Fees”means any fees that are charged for the use of the Services.

"Student” means a Member who requests from an English Tutor, a Tuition booking via the Site or Services, or a Member who receives Tuition and is not the English Tutor for such Tuition.

"Tax” or "Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and personal or corporate income taxes.

"TEFLPA Content”means all Content that TEFLPA makes available through the Site, or Services, including any Content licensed from a third party, but excluding Member Content.


Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have posted different terms and conditions or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT.

If you accept or agree to these Terms on behalf of a company, Institute or other legal entity, you represent and warrant that you have the authority to bind that company, Institute or other legal entity to these Terms and, in such event, "you” and "your” will refer and apply to that company, Institute or other legal entity.

Modification

TEFLPA reserves the right, at its sole discretion, to modify, suspend or discontinue the Site or Services at any time for any reason with or without prior notice, or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Eligibility

The Site and Services are intended solely for persons who are looking for, receiving, listing or providing English Tuition or advertising English Tuition jobs. Any access to or use of the Site or Services by anyone not looking for, receiving, listing or providing English Tuition or advertising English Tuition jobs is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are looking for, receiving, listing or providing English Tuition or advertising English Tuition jobs.

Child Supervision

We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Site and Services should supervise such access and use. By allowing your child access to the Site and Services you are allowing your child access to all of the Services, including forums and/or other message and/or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.

How the Site and Services Work

The Site and Services can be used to facilitate the listing and booking of English lessons and expressly related offerings ("Tuition”). Such Tuition is included in Listings on the Site and Services by English Tutors. Also English Institutes can publish Job Adverts for English Tuition jobs. You may view Listings or Job Adverts as an unregistered visitor to the Site and Services; however, if you wish to book Tuition, create a Listing, or create and publish a Job Advert, you must first register to create a TEFLPA Account (defined below). English Institutes can use the Site and Services to create and publish Job Adverts for English Tutors. English Tutors can use the Site and Services to find jobs, which they can apply for at their sole discretion external to the Site and Services. English Tutors can also use the Site and Services to organise and manage their Students and tutoring schedules, but they must register and create a TEFLPA Account in order to do this. English Tutors can create and update Student records and lesson history on the Site, which can be made available to their Students via the Site, but only to the Students who book Tuition, and continue to book Tuition on the Site. If a Student ceases to book Tuition on the Site, we may render their TEFLPA Account inactive at our discretion, so that any further information made available on the Site by the English Tutor is not accessible to the Student. Students can use the Site and Services to find English Tutors and book Tuition. Students can also use the Site and Services to access their lesson history on the Site, but this is only available to the Students who book Tuition, and continue to book Tuition on the Site. English Tutors and Students who have a TEFLPA Account can also access the English forum provided within the Site and Services.

As stated above, TEFLPA makes available an online platform or marketplace with related technology for Students and English Tutors to connect online and arrange for bookings of Tuition directly with each other, as well as providing a place for Institutes to publish and manage Job Adverts. TEFLPA is not an employer or agent of any English Tutors or Institutes, nor is it a provider of English Tutors or Tuition and TEFLPA does not own, provide, manage and/or control Tuition services. TEFLPA’s responsibilities are limited to: (i) facilitating the availability of the Site and Services, (ii) accepting Confirmation Fees payments from Students to confirm a booking with an English Tutor and (iii) accepting Publication Fee payments from Institutes to create, publish and manage their Job Adverts on the Site and Services.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE ENGLISH TUTORS AND STUDENTS CONNECTING WITH EACH OTHER AND TO ENABLE THEM TO AGREE TO AND MANAGE BOOKINGS OF TUITIONS, AND TO ALLOW INSTITUTES TO CREATE AND PUBLISH JOB ADVERTS FOR THE ATTENTION OF ENGLISH TUTORS. TEFLPA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS, JOB ADVERTS OR FORUM AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY TUITIONS OR JOB ADVERTS. TEFLPA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, JOB ADVERTS, FORUM CONTENT AND TUITIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE STUDENT’S OWN RISK, AND TEFLPA DISCLAIMS ANY AND ALL LIABILITY IN RELATION TO THE COMMUNICATIONS BETWEEN, OR THE EMPLOYMENT OF, AN ENGLISH TUTOR BY AN INSTITUTE AND/OR STUDENT.

Account Registration

In order to access certain features of the Site, and to book English Tuition or create a Listing or Job Advert, you must register to create an account ("TEFLPA Account”) and become a Member. You may register to join the Services directly via the Site.

We will create your TEFLPA Account and your TEFLPA Account profile page for your use of the Site based upon the personal information you provide to us. You may not have more than one (1) active TEFLPA Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. TEFLPA reserves the right to suspend or terminate your TEFLPA Account and your access to the Site and Services if you create more than one (1) TEFLPA Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for maintaining the security of your account and for safeguarding your username and password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your TEFLPA Account, whether or not you have authorized such activities or actions. You agree that you will immediately notify TEFLPA of any unauthorized use of your TEFLPA Account. You may not use another person’s account at any time, without the express permission of the account holder. TEFLPA cannot and will not be liable for any loss or damage from your failure to protect your login information, including your password.

Directory of English Tutors

The Site contains a directory of English Tutors. The directory is populated with information from third-party sources, from English Tutors themselves and from other Members. TEFLPA provides this directory as a convenience and does not confirm or verify the information contained within it.

Tuition Listings

As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Tuition to be listed, including, but not limited to, location, lesson types, availability of the Tuition and pricing and related rules and financial terms. In order to be featured in Listings via the Site and Services, all English Tutors displaying Listings must have provided a valid legal name and e-mail address, and any other information requested as mandatory in order to complete the signup process. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Tuition via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Student requests a booking of your Tuition, the price for such booking may not be altered.

You acknowledge and agree that you are responsible for any and all Listings that you post. Accordingly, you represent and warrant that any Listing that you post and the booking of, or Student taking, Tuition in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Tuition included in a Listing you post, and not conflict with the rights of third parties. Please note that TEFLPA assumes no responsibility for an English Tutor’s compliance with any applicable laws, rules and regulations and disclaims any and all liability if it is found that you do not have the right to work in the country that you are operating from. TEFLPA reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that TEFLPA, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

You understand and agree that TEFLPA does not act as an insurer or as a contracting agent for you as an English Tutor. If a Student requests a booking of your Tuition and receives your Tuition, any agreement you enter into with such Student is between you and the Student and TEFLPA is not a party thereto. Notwithstanding the foregoing, TEFLPA collects the Confirmation Fees payment from Students in order to confirm the Tuition booking only.

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Tuition, including, but not limited to, requiring Members to your adhere to your cancellation policy, in order to book your Tuition. Any Member wishing to book Tuition included in Listings with such requirements must agree to and meet these requirements.

If you are an English Tutor, TEFLPA makes certain tools available to enable you to choose which Members to accept as booked for your Tuition. You acknowledge and agree that, as an English Tutor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who receive or are otherwise present at the Tuition at your request or invitation, excluding the Student (and the individuals the Student invites to the Tuition, if applicable).
TEFLPA recommends that English Tutors obtain appropriate insurance for their Tuition and review it carefully and understand it, and also determine whether or not your insurance policy will cover the actions or inactions of Students (and the individuals the Student invites to the Tuition, if applicable) while at your Tuition.

Job Adverts

As an Institute, you may create Job Adverts that can be published on the Site. To this end, you will be asked a variety of questions about the Job Advert to be listed, including, but not limited to, company information, location and job information. In order to have a Job Advert featured via the Site and Services, all Institutes displaying Job Adverts must have provided a valid legal name and e-mail address, and any other information or Publication Fees payment requested as mandatory in order to complete the sign-up process. Job Adverts will be made publicly available via the Site and Services. Other Members will be able to view your Job Adverts via the Site and Services based upon the information provided in your Job Advert. You understand and agree that any communications, responses or applications made to you for a Job Advert that is published on the Site must and can only be done external to the Site and Services. TEFLPA is not responsible for and disclaims any and all liability related to any Job Advert and any communications between an English Tutor or Member and an Institute, or the employment of an English Tutor or Member by an Institute.

You acknowledge and agree that you are responsible for any and all Job Adverts that you post on the Site. Accordingly, you represent and warrant that any Job Advert that you post and to which an English Tutor responds to and/or applies (i) will not breach any agreements you have entered into with any third parties and (ii) will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any job offerings included in a Job Advert you post, and not conflict with the rights of third parties. Please note that TEFLPA assumes no responsibility for an Institute’s compliance with any applicable laws, rules and regulations. TEFLPA reserves the right, at any time and without prior notice, to remove or disable access to any Job Advert for any reason, including Job Adverts that TEFLPA, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

You understand and agree that TEFLPA does not act as an insurer or as a contracting agent for you as an Institute. If a Member or English Tutor responds or applies to your Job Advert and/or receives a job from you it is done externally to the Site and Services, and any agreement you enter into with such English Tutor is between you and the English Tutor and TEFLPA is not a party thereto. Notwithstanding the foregoing, TEFLPA collects "Publication Fees” payment from Institutes that allow the Institute to create, publish and manage Job Adverts on the Site only.

TEFLPA recommends that Institutes obtain appropriate insurance and review it carefully and understand it, and also determine as an Institute whether or not your insurance policy will cover the actions or inactions of English Tutors or Members (and the individuals that respond to your Job Advert(s), if applicable) during any interactions or communications with you.

Appointment of TEFLPA for Publication Fees Payment Collection

Each Institute hereby agrees that TEFLPA will collect Publication Fees payments, which constitute a fixed amount made payable to TEFLPA to publish an individual Job Advert on the Site and Services for 30 days. Institutes may publish more than one Job Advert at a time. As an Institute, you agree to pay TEFLPA the Publication Fees to publish any Job Advert submitted in connection with your TEFLPA Account on the Site and Services. In order to publish your Job Advert, you understand and agree that TEFLPA reserves the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit card for the Publication Fees or (ii) charge your credit card for the Publication Fees in accordance with the terms and conditions in these Terms and the pricing terms shown on the Site and Services. Please note that TEFLPA cannot control any fees that may be charged to you by your bank or third-party payment processor related to TEFLPA’s collection of the Publication Fees, and TEFLPA disclaims all liability in this regard.

In connection with publishing your Job Advert on the Site and Services and in order to publish your Job Advert, you will be asked to provide customary billing information such as name, billing address and credit card information either to TEFLPA or its third-party payment processor. You agree to pay TEFLPA the Publication Fees for any Job Advert submitted in connection with your TEFLPA Account in accordance with these Terms by one of the methods described on the Site – e.g. by PayPal or credit card. You hereby authorise the collection of such amounts by charging the credit card provided as part of publishing your Job Advert, either directly by TEFLPA or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site. If you are directed to TEFLPA’s third-party payment processor, you may be subject to terms and conditions governing use of that third-party’s service and that third-party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services.

No Endorsement

TEFLPA does not endorse any Members or any Tuition. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others whom you contact and interact with via the Site and Services. TEFLPA will not be responsible for any damage or harm resulting from your interactions with other Members both on and external to the Site and Services.

By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for the actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from TEFLPA with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you where applicable.

English Tutor Ranking and Student Reviews

As an English Tutor you acknowledge and agree that the Site will contain public feedback from Members to whom you have provided Tuition. You acknowledge that feedback may consist of comments and ratings left by other Members and that TEFLPA will calculate a feedback number from 0 – 100% based on how your students rate you as an English Tutor and another number based on whether or not they would "recommend” you to other people and that these numbers can be used to rank you in the TEFLPA tutor search engine. English Tutors agree to be rated by Students against several criteria, as determined by TEFLPA, and TEFLPA does not monitor, investigate or censor feedback posted by Members for accuracy or reliability unless a Member brings the posting to TEFLPA's attention. TEFLPA is not legally responsible for any feedback or comments posted or made available on this Site and Services by any Members or third parties, even if that information is defamatory or otherwise legally actionable.

As a Student, by using the Site and Services to book Tuition you understand that TEFLPA offers you ways to rank English Tutors upon completion of your Tuition. The default setting for the ranking of English Tutors is based upon how you rate the English Tutor from 0 – 100% and whether or not you would "recommend” the English Tutor to other people. This ranking is created through a fully automated ranking system (algorithm) and you can upload your feedback comments on to the profile of an English Tutor that you have recommended.

English Tutors can also be ranked by the number of registered hours of Tuition bookings that they have received via the Site and Services. Please note that any English Tutor ranking and feedback is not an endorsement or recommendation by TEFLPA of any Members or any Tuition, and we reserve the right to adjust, refuse or remove any reviews or feedback at our sole discretion. The Student review should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.

Bookings and Financial Terms

Bookings and Financial Terms for English Tutors

If you are an English Tutor and a booking is requested for your Tuition via the Site and Services, you will be required to either accept or reject the booking within 48 hours of when the booking is requested by the student (as determined by TEFLPA in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site and Services, we will share with you (i) the first and last name of the Student who has requested the booking, (ii) a link to the Student’s TEFLPA Account profile page, and (iii) the location where they wish to receive the Tuition, so that you can view such information before accepting or rejecting the booking. If you are unable to decide to accept or reject a booking of Tuition within such a 48-hour period, the booking request will be automatically cancelled by TEFLPA and any pre-authorisation of the Student’s credit card will be released if applicable. When you accept a booking requested by a Student, TEFLPA will send the Student an email, text message or message via the Site confirming acceptance of such booking. It will then be the responsibility of the Student to pay the Confirmation Fee to confirm the booking.

The fees displayed in each Listing are comprised of the Tuition Fees (defined below), which include the Confirmation Fees (defined below.) Where applicable, Taxes may be charged in addition to the Tuition Fees and Confirmation Fees. The Tuition Fees, the Confirmation Fees and any applicable Taxes are collectively referred to in these Terms as the "Total Fees”. The amounts due and payable by a Student solely relating to an English Tutor’s Tuition are the "Tuition Fees”, and a percentage of the Tuition Fees are payable directly to TEFLPA as the "Confirmation Fees”. Please note that it is the English Tutor and not TEFLPA who determines the Tuition Fees. The Tuition Fees may include a journey time fee, at the English Tutor’s sole discretion.

TEFLPA charges the Confirmation Fees for receiving Tuition bookings on the Site based upon a percentage of applicable Tuition Fees. The Tuition Fees are displayed in the applicable English Tutor's Listing. TEFLPA will request the Confirmation Fees from the Student at the time the Student booking request has been received and is accepted by the English Tutor. TEFLPA will collect the Confirmation Fees from the Student and this will confirm the Tuition booking on the English Tutor’s calendar on the Site and Services. It is the responsibility of the English Tutor to collect the outstanding amount of Tuition Fees or Total Fees owed to them. The outstanding amount of Tuition Fees or Total fees owed to the English Tutor is recorded on the billing page of the English Tutor's account on the Site.

TEFLPA CANNOT AND DOES NOT CONTROL THE PAYMENT OF ANY TUITION FEES AND/OR TOTAL FEES TO ENGLISH TUTORS. TEFLPA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO THE PAYMENT OF ANY TUITION FEES AND/OR TOTAL FEES TO ENGLISH TUTORS AND THE CALCULATION OF ANY TUITION FEES AND TOTAL FEES OWED TO ENGLISH TUTORS OR ANY INCOME RECEIVED BY ENGLISH TUTORS. ACCORDINGLY, ANY TUITION BOOKINGS RECEIVED AND ACCEPTED OR RECORDED ON THE SITE BY THE ENGLISH TUTOR WILL BE AT THEIR OWN RISK.

Appointment of TEFLPA for Confirmation Fees Payment Collection

Each English Tutor hereby agrees that TEFLPA will collect Confirmation Fees payments, comprising a percentage of the Tuition Fee payments, made by Students in order to confirm a booking(s) of Tuition with an English Tutor. Each English Tutor agrees that Confirmation Fees payment made by a Student to TEFLPA shall be considered the same as a payment made directly to the English Tutor, once the English Tutor has accepted the booking, and the English Tutor will make the Tuition available to the Student in the agreed upon manner as if the English Tutor has received the Tuition Fees. Each English Tutor agrees that, TEFLPA may, in accordance with our cancellation policy and the cancellation policy selected by the English Tutor and reflected in the relevant Listing, (i) permit the Student to cancel the booking and (ii) refund to the Student the Confirmation Fees if applicable with our cancellation policy (defined below). In accepting appointment for the Confirmation Fees payment collection, TEFLPA assumes no liability for any acts or omissions of the English Tutor or Student.

Please note that TEFLPA does not currently charge fees for the creation of Tuition Listings or use of the Site and Services by an English Tutor. However, as an English Tutor you acknowledge and agree that TEFLPA reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings or use of the Site and Services. Please note that TEFLPA will provide notice of any Listing fee collection or Site and Services fees via the Site and Services, prior to implementing or charging such a Listing fee or Site and Services fee feature.

Bookings and Financial Terms for Students

The English Tutors, not TEFLPA, are solely responsible for honouring any confirmed bookings and making available any Tuition reserved through the Site and Services. If you, as a Student, choose to enter into a transaction with an English Tutor for the booking of Tuition, you agree and understand that you will be required to enter into an agreement with the English Tutor and you agree to accept any terms, conditions, rules and restrictions associated with such Tuition imposed by the English Tutor. You acknowledge and agree that you, and not TEFLPA, will be responsible for performing the obligations of any such agreements, that TEFLPA is not a party to such agreements, and that, with the exception of its payment obligations hereunder, TEFLPA disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that TEFLPA is not a party to the agreement between you and the English Tutor, TEFLPA collects the Confirmation Fees payment from you for the limited purpose of confirming bookings from you with the English Tutor. Upon your payment of the Confirmation Fees due to TEFLPA, it is your obligation to pay the English Tutor any outstanding Tuition Fees amount owed, and TEFLPA is not responsible for remitting such amounts to the English Tutor. In the event that you do not remit any such amounts to an English Tutor, such English Tutor will have recourse only against you.

Listings for Tuitions will specify the Tuition Fees. As noted previously, the English Tutor is required to either accept or reject the booking within 48 hours of when the booking is requested by the Student (as determined by TEFLPA in its sole discretion) or the booking request will be automatically cancelled. If a requested booking is not accepted by the applicable English Tutor, or is automatically cancelled after 48 hours, no amount will be payable to TEFLPA.

You agree to pay TEFLPA the Confirmation Fees for any booking request accepted in connection with your TEFLPA Account in order to confirm your booking. In order to confirm a booking after the applicable English Tutor’s acceptance of your requested booking, you understand and agree that TEFLPA reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Confirmation Fees or (ii) charge your credit card for the Confirmation Fees in accordance with the terms and conditions of these Terms and the pricing terms shown in the applicable Listing. Please note that TEFLPA cannot control any fees that may be charged to a Student by his or her bank or third-party payment processor related to TEFLPA’s collection of the Confirmation Fees, and TEFLPA disclaims all liability in this regard.

In connection with your accepted booking request and in order to confirm your booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to TEFLPA or its third party payment processor. You agree to pay TEFLPA the Confirmation Fees for any requested bookings made in connection with your TEFLPA Account in accordance with these Terms by one of the methods described on the Site – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of confirming the accepted booking request, either directly by TEFLPA or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site. If you are directed to TEFLPA’s third-party payment processor, you may be subject to terms and conditions governing use of that third-party’s service and that third-party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your requested booking is submitted you will receive a confirmation email summarising your requested booking, and a further confirmation e-mail once an English Tutor has either accepted or rejected the booking or the deadline for the English Tutor accepting or rejecting the booking request has passed. Once an English Tutor accepts your booking request you will receive a confirmation e-mail summarising your booking and directing you to complete the payment transaction of the Confirmation Fees to confirm the booking.

Confirmation Fees

In consideration for the use of TEFLPA's online marketplace and Site and Services, TEFLPA collects Confirmation Fees for each Tuition booking made through the Site and Services based upon an applicable percentage of the Tuition Fees charged to the Student as a result of their booking. Where applicable, Taxes may also be charged in addition to the Confirmation Fees. Confirmation Fees are payable by the Student to TEFLPA immediately upon acceptance of the booking request by the English Tutor and are required to confirm the booking. By using the Site and Services you agree to pay all fees applicable to your use of the Site and Services and you agree not to circumvent TEFLPA’s fees structure.

General Booking and Financial Terms

Cancellations and Refunds Policy

If, as a Student, you cancel your requested booking before the requested booking is accepted by an English Tutor or after the requested booking has been accepted by the English Tutor but you are yet to pay the Confirmation Fees to TEFLPA to confirm the booking, no Confirmation Fees will be payable to TEFLPA by you.

If, as a Student, you wish to cancel a confirmed booking with an English Tutor made via the Site and Services prior to the Tuition, for which you have already paid the Confirmation Fees, the Confirmation Fees paid to TEFLPA are non-refundable. For the outstanding Tuition Fees payable to the English Tutor for the confirmed booking the cancellation policy of the English Tutor with whom you made the booking will apply to such cancellation. Please refer to the Listings on the Site and Services for the cancellation policy of individual English Tutors.

If an English Tutor cancels a confirmed booking made via the Site and Services and cannot offer the Student an alternative time to reschedule and fulfil the booking at a time that is suitable for that Student, (i) TEFLPA will cancel any pre-authorization to the applicable Student’s credit card and/or refund any Confirmation Fees charged to the applicable Student’s credit card for such booking within a commercially reasonable time of the cancellation and (ii) the Student will receive an email or other communication from TEFLPA confirming the cancellation and other related information.

In the event that an English Tutor cancels a confirmed booking and cannot offer the Student an alternative time to reschedule and fulfil the booking at a time that is suitable for that Student when some lessons of that confirmed booking have already been taken, the Confirmation Fees will be refundable proportionally according to each lesson that has not already been taken, but was confirmed under that booking, at the time of cancellation only. If an English Tutor cancelled a confirmed booking and you, as a Student, have not received an email or other communication from TEFLPA, please contact TEFLPA at http://www.teflpa.com/contactus.

If after a booking cancellation the Student requests a booking from an alternative English Tutor and the English Tutor accepts the Student’s requested booking, the Student agrees to pay TEFLPA the Confirmation Fees in order to confirm the booking for the Tuition in accordance with these Terms.

Recurring Payments

In some instances, Students may be required to make recurring, incremental payments toward the Confirmation Fees owed for a confirmed booking before beginning his or her Tuition (collectively, "Recurring Payments”). More information on Recurring Payments will be made available via the Site and Services, if applicable. If Recurring Payments apply to your payment obligations for Confirmation Fees owed for a confirmed booking, you authorize TEFLPA to collect the Confirmation Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site and Services.

Donations to Charity

TEFLPA does not control, and will not take any responsibility or liability for, any pledged donations to charity by our Members that may arise out of the use of our Site and Services.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements either yourself or in consultation with your tax advisors. TEFLPA cannot and does not offer Tax-related advice to any Members of the Site and Services. Additionally, please note that each English Tutor is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

Foreign Currency

As part of the Services, TEFLPA provides a feature through which Members may view Tuition Fees for various Listings in foreign currencies. You understand and agree that these views of Tuition Fees are for informational purposes only and may not be the official Total Fees for the Listings. If you (as a Student) request a booking of Tuition, you will be notified of the currency in which you will be charged for the Confirmation Fees together with the corresponding amount of Total Fees, once your booking is accepted by an English Tutor. The currency in which your Confirmation Fees will be charged will be determined by TEFLPA based on the payment method you select and the location, shown in the Listing, of the Tuition you are booking. If the currency in which you will be charged for the Confirmation Fees is different from the currency chosen by the English Tutor to receive payment of the Tuition Fees, TEFLPA will take the Confirmation Fees and it will be the responsibility of the English Tutor to perform the required currency conversion processing for the outstanding Tuition Fees owed to them, including the costs thereof, which should be calculated based on the most current applicable foreign exchange rate as of the date and time that your booking is confirmed (the "Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) it is at the English Tutor’s discretion to apply the Applicable Exchange Rate, and TEFLPA does not control whether English Tutors apply such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate.

Conduct in Tuition

As a Student, you acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Tuition.

Both Students and English Tutors agree to cooperate with and assist TEFLPA in good faith, and to provide TEFLPA with such information and take such actions as may be reasonably requested by TEFLPA, in connection with any complaints or claims made by Members relating to Tuitions or with respect to any investigation undertaken by TEFLPA or a representative of TEFLPA regarding the use or abuse of the Site or the Services.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:

    • violate any applicable laws, regulations or court orders;

    • use manual or automated software, devices, scripts robots, or other means or processes to access, "scrape,” "crawl” or "spider” any web pages or other services contained in the Site, Services or Content;

    • use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;

    • copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;

    • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

    • interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

    • use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit card, debit card, calling card or account numbers;

    • use our Site or Services in connection with the distribution of unsolicited email ("spam"), commercial or otherwise, or advertisements unrelated to looking for, receiving, listing or providing English Tuition;

    • threaten, abuse, disrupt, stalk, harass or otherwise violate the legal rights of any other user of our Site or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a TEFLPA Student, Institute or English Tutor;

    • offer, as an English Tutor, any Tuition that could infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

    • as an Institute, publish any Job Adverts that could infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

    • register for more than one TEFLPA Account or register for an TEFLPA Account on behalf of an individual other than yourself;

    • contact an English Tutor for any purpose other than asking a question related to a booking, or such English Tutor’s Tuitions or Listings;

    • contact a Student for any purpose other than asking a question related to a confirmed booking or such Student’s use of the Site and Services;

    • when acting as a Student, Institute or otherwise, recruit or otherwise solicit any English Tutor or other Member to join third-party services or websites that are competitive to TEFLPA, without TEFLPA’s prior written approval;

    • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

    • use automated scripts to collect information or otherwise interact with the Site or Services;

    • use the Site and Services to find an English Tutor or Student and then complete a booking of an Tuition transaction independent of the Site or Services in order to circumvent the obligation to pay the Confirmation Fees related to TEFLPA’s provision of the Services;

    • as an English Tutor, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honour;

    • as an Institute, submit any Job Advert with false or misleading information, or submit any Job Advert with information that you do not intend to honour;

    • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

    • systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

    • use, display, mirror or frame the Site, or any individual element within the Site and/or Services, TEFLPA’s name, any TEFLPA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TEFLPA’s express written consent;

    • access, tamper with, or use non-public areas of the Site, TEFLPA’s computer systems, or the technical delivery systems of TEFLPA’s providers;

    • attempt to probe, scan, or test the vulnerability of any TEFLPA system or network or breach any security or authentication measures;

    • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TEFLPA or any of TEFLPA’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;

    • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;

    • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing;

    • attempt to gain unauthorised access to any of the Site and Services, other accounts, computer systems or networks connected to the Site and Services.

TEFLPA will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TEFLPA may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that TEFLPA has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. TEFLPA reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that TEFLPA, at its sole discretion, considers to be objectionable for any reason, or to remove any Member from the Site and terminate their TEFLPA Account, if said Member is deemed to be in violation of these Terms or otherwise harmful to the Site or Services. TEFLPA shall not be liable to you or any third-party for any termination of your access to the Site or Services.

Privacy

See TEFLPA’s Privacy Policy at http://www.teflpa.com/privacypolicy for information and notices concerning TEFLPA’s collection and use of your personal information.

Ownership

The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of England and Wales and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of TEFLPA and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.

TEFLPA Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, TEFLPA grants you a limited, non-exclusive, non-transferable license, to (i) access and view any TEFLPA Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TEFLPA or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to TEFLPA a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services. TEFLPA does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services, and that by using the Service to you agree that others may view and share your Content. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to TEFLPA the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or TEFLPA’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third-party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links to Third-Party Websites

The Site and Services may contain links to third-party websites or resources that are controlled and maintained by others. You acknowledge and agree that TEFLPA is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Any links to such websites or resources do not imply any endorsement by TEFLPA of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some parts of the TEFLPA Platform implement Google Maps/Earth services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at:
http://www.google.com/intl/en_us/help/terms_maps.html.

International Use

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of TEFLPA used herein are trademarks or registered trademarks of TEFLPA. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Your Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback”). You may submit Feedback by emailing us at support@teflpa.com or through the "Contact” (www.teflpa.com/contactus) section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of TEFLPA and you hereby irrevocably assign to TEFLPA and agree to irrevocably assign to TEFLPA all of your rights, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At TEFLPA’s request and expense, you will execute documents and take such further acts as TEFLPA may reasonably request to assist TEFLPA to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

It is TEFLPA’s policy to terminate in appropriate circumstances the TEFLPA Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Termination and TEFLPA Account Cancellation

We may, in our sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your TEFLPA Account. Upon termination we will promptly pay you any amounts we reasonably determine, in our sole discretion, that we owe you and which we are legally obligated to pay you. In the event TEFLPA terminates these Terms or your access to our Site and Services or deactivates or cancels your TEFLPA Account you will remain liable for all amounts due hereunder. You may cancel your TEFLPA Account at any time via the "Cancel Account” feature of the Services or by sending an email to support@teflpa.com. Please note that if your TEFLPA Account is cancelled, we do not have an obligation to delete or return to you any Member Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TEFLPA DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, STUDENTS, INSTITUTES AND ENGLISH TUTORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED "AS IS” AND "AS AVAILABLE”, WITHOUT ANY REPERESENTATION AND ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TEFLPA EXPLICITLY DISCLAIMS ANY WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY AND ACCURACY, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TEFLPA MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS, JOB ADVERTS OR ANY TUITION WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE BASIS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND THAT THE SERVICE CAN BE USED FOR THE TRANSMISSION OF YOUR CONTENT, AND THAT DURING PROCESSING, YOUR CONTENT, INCLUDING INVOICES, PAYMENT REMINDERS, TUITION REMINDERS, AND PERSONAL MESSAGES, MAY BE TRANSFERRED UNENCRYPTED OVER THE INTERNET.

TEFLPA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, JOB ADVERTS, TUITIONS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TEFLPA OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ENGLISH TUTORS, INSTITUTES OR STUDENTS. YOU UNDERSTAND THAT TEFLPA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY TUITION OR TUITION LOCATIONS. TEFLPA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, STUDENTS, INSTITUTES AND ENGLISH TUTORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TEFLPA. NOTWITHSTANDING TEFLPA’S ROLE AS RECEIVER OF THE CONFIRMATION FEES WHEN A STUDENT REQUESTS TUITION, TEFLPA EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY STUDENT OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY TUITION VIA THE SITE AND SERVICES, YOUR CREATION AND PUBLISHING OF JOB ADVERTS, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TEFLPA WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TEFLPA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY TUITION VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TEFLPA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL TEFLPA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY TUITION VIA THE SITE AND SERVICES, OR FROM YOUR CREATION AND PUBLISHING OF JOB ADVERTS,OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY TUITION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE CONFIRMATION FEES AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A STUDENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN ENGLISH TUTOR, THE CONFIRMATION FEES AMOUNTS PAID TO TEFLPA BY YOUR STUDENTS IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN INSTITUTE, THE JOB ADVERT PUBLICATION FEES PAID TO TEFLPA BY YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ZERO POUNDS (£0), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TEFLPA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


Indemnification

You agree to release, defend, indemnify, and hold TEFLPA and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, actions, proceedings, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content, or your violation of these Terms; (b) your Member Content and content submitted, posted or transmitted through the Site and Services; (c) your Job Adverts
submitted, posted or transmitted through the Site and Services (d) your (i) interaction with any Member, (ii) booking of Tuition, (iii) creation of a Listing or (iv) the provision or receiving of a Tuition by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking of, provision of, or receiving of Tuition.

Reporting Misconduct

If you provide Tuition to or receive Tuition from anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to TEFLPA by contacting us with your police station and report number details at support@teflpa.com; provided that such contact will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between TEFLPA and you regarding the Site, Services, Collective Content, and any bookings or Listings of Tuition or Job Adverts made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TEFLPA and you regarding, the Site, Services and Collective Content, and any
bookings or Listings of Tuition or Job Adverts, and including, but not limited to, any prior versions of the User Agreement.

Assignment of Terms

You may not assign or transfer these Terms, by operation of law or otherwise, without TEFLPA’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TEFLPA may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of TEFLPA, the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by TEFLPA (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. You and we agree to submit to the exclusive jurisdiction of a court located in England for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Changes

Notwithstanding the provisions of the "Modification” section above, if TEFLPA changes this "Governing Law and Jurisdiction” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@teflpa.com) within 30 days of the date such change became effective, as indicated in the "Last Updated Date” above or in the date of TEFLPA’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and TEFLPA in accordance with the provisions of this "Governing Law and Jurisdiction” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General

The failure of TEFLPA to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if it is in writing and signed by a duly authorized representative of TEFLPA. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any provision of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting TEFLPA

If you have any questions about these Terms please contact TEFLPA at support@teflpa.com or visit www.teflpa.com/Contactus.aspx