TheMatheMagician.uk | Terms and Conditions

Terms & Conditions

We know we are just being a little bit over cautious,

but we just need to get this legal bit out of the way.

This is to protect ourselves and to protect you.

If you are happy to proceed with tutoring fill out the form and tick the box. Easy!

Click here to open the Terms and Conditions form.
1. Introduction
  •  
  • 1.1 The TheMatheMagician Website and YouTube Channel help Students access an online Tutor to book and pay for Lessons. All of these terms and conditions apply to Students and Tutors, unless they specifically state otherwise, or are marked with a "T", when they only apply to Tutors. Clause 5 only applies to Tutors. These terms and conditions replace any previous versions of them.
  • 1.2 The TheMatheMagician Website is owned and operated by TheMatheMagician.uk, trading as TheMatheMagician.
  • 1.3 A User may register on the Website as a Student. A User may use the Website without registering, but if a User does register, certain information will be stored, making future communications easier.
  • 1.4 By registering on or using our Website, the User agrees to be bound by these terms and conditions. These terms and conditions are legally binding – every User should read them fully before agreeing to them. (Please print or save these terms for future use as TheMatheMagician will not keep a file copy specifically for the User and TheMatheMagician cannot guarantee that they will remain accessible on the Website in future.) If a User does not wish to be bound by these terms, they should not use the Website.
  • 1.5 ("T") Where the person who agrees these terms and conditions contracts on behalf of a company/organisation, they hereby confirm that they have authority to act on behalf of that entity.
2. Rights & Responsibilities
  •  

    • This clause sets out what TheMatheMagician promises to do:

  • 2.1 To help Students to book and pay for Lessons
  • 2.2 To maintain a functioning Website, including communication systems, a booking form and Online Learning Environment, wherever possible. TheMatheMagician cannot guarantee that the Website or YouTube Channel will always be available, or that it will always work, but it will try to have it up and running properly at all times. Every now and again, the Website or YouTube Channel might need to be taken offline for maintenance purposes.
  • 2.3 To communicate any planned maintenance of the Website or downtime.
  • 2.4 To use ensure their tutor has been DBS background checked with a valid DBS Update Registeration number.
  • 2.6 To provide a short history of their Tutor in the About section.
  • 2.7 To communicate new Bookings, confirmation of Bookings and cancellations to Students by email (except where a Student or Tutor has chosen to exclude email communication).
  • 2.8 To endeavour to ensure that each Student’s payment of Lesson Fees are processed promptly and usually within 10 working days of a Lesson, when there is no Complaint or Failed Payment.
  • 2.9 To endeavour to ensure Complaints are considered promptly and in accordance with these terms and conditions.
  • 2.10 To endeavour to ensure that refunds to Students are made promptly in accordance with these terms and conditions.
  • 2.11 To endeavour to ensure that Failed Payments are processed promptly and in accordance with these terms and conditions.
  • 2.12 To take precautions TheMatheMagician considers appropriate to protect Students' and Tutors' information.
  • 2.13 To monitor communications between Students and Tutors. TheMatheMagician does so in the hope to stop misuse of the Website, as set out in these terms and conditions.
3. User Responsibilities
  •  
  • 3.1 Users are responsible for their own security in conjunction with the services through the Website and YouTube, both online and offline.
  • 3.2 Users are solely responsible for the material they post on the Website and YouTube, including messages sent, and they must not post defamatory, offensive or illegal material.
  • 3.3 Users must immediately report to TheMatheMagician any defamatory, offensive or illegal material they view on the Website or it's YouTube Channel.
  • 3.4 Users must exercise their own judgement regarding the accuracy of information provided on the Website or YouTube Channel. TheMatheMagician cannot and does not guarantee that all of the content on the Website is complete, accurate or up-to-date.
  • 3.5 (Removed - No longer applicable)
  • 3.6 Users must not use the Website or YouTube Channel with the intention of engaging directly with other Users outside. Users must not promote opportunities or services of any company other than TheMatheMagician on the Website or their YouTube Channel.
  • 3.7 Users agree to abide by the Privacy Policy provided through the Website.
  • 3.8 Any User who fails, in TheMatheMagician's opinion, to comply with these terms and conditions may be immediately suspended from using any MatheMagician services. TheMatheMagician reserves the right to cancel any existing bookings in such circumstances.
4. Student Responsibilities
  •  
  • 4.1 TheMatheMagician is not responsible for the acts or omissions of Students or Tutors and is solely responsible for its own acts or omissions.
  • 4.2 Students must be at least 16 years old to book a Tutor for themselves. Students under the age of 16 must be represented by a parent or legal guardian who gives consent for them to receive tuition from a Tutor via TheMatheMagician. TheMatheMagician is not responsible for any dispute between a Student and a parent or guardian.
  • 4.3 Students must ensure that all of their personal details and contact information are accurate and up-to-date. TheMatheMagician will contact Students by email.
  • 4.4 When a Booking is made more than 24 hours in advance of the start time of the first Lesson, Students have up to 12 hours before their first Lesson with a new Tutor is due to commence to confirm the Booking. When a Booking is made within 24 hours of the start time, Students have up to 2 hours before their first Lesson with a new Tutor is due to commence to confirm the Booking.
  • 4.5 To confirm a Booking for their first Lesson with a Tutor, the Student must pay via the Personal Payment Link sent via email to the Student's valid email address.
  • 4.6 By confirming their Booking for their first Lesson with a Tutor, the Student authorises the Tutor to make further Bookings on their behalf and authorises TheMatheMagician to send further Payment Links for each Lesson, in accordance with these terms and conditions. Further Bookings made by a Tutor on behalf of a Student after the first Lesson will, therefore, be confirmed by email (please remember to check your Junk Mail).
  • 4.7 When a Booking is confirmed, the Student enters into a direct contract with TheMatheMagician.
  • 4.8 When a confirmed Booking exists, the Student must ensure that they have paid the full lesson fee with a Valid Credit/Debit card.
  • 4.9 (Removed - No longer applicable)
  • 4.10 (Removed - No longer applicable)
  • 4.11 Students must use their own judgement about the services of Tutors. TheMatheMagician is aware of the high level of tutor experience and qualifications and does not enter into conversations with Students about these matters. It is up to the students to decide if the tutor is an appropriate match for them based on personal experience.
  • 4.12 Students are responsible for checking that Bookings made by Tutors on their behalf are done so correctly and understand they will be informed of these Lessons by email (except where a student has chosen exclude email communications.
  • 4.13 Students are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson. No refunds will be made in the event that Students are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of TheMatheMagician failing to provide the services outlined in clause 2.2 of these terms and conditions.
  • 4.14 Any Student who fails, in TheMatheMagician's reasonable opinion, to comply with these terms and conditions may be immediately barred from Online Lessons and any related services. TheMatheMagician reserves the right to cancel any existing Bookings in such circumstances.
  • 4.15 Cancellations: Students may cancel any Booking, without incurring any charge, by giving more than 12 hours' notice. Cancellation may result in the Student losing their booking slot to another Student. It may not be possible to rebook future lessons if suitable slots are not available.
  • 4.16 Nothing in these terms and conditions affects a Student's statutory rights.
  • 4.17 Simply by agreeing to these terms and conditions, a Student is not required to sign up with any Tutor or make any Bookings.
  • 4.18 Subject to paying for any Bookings used, a Student may cease to use the TheMatheMagician service at any time.
5. Tutor Status and Responsibilities
  •  
  • 5.1 (Removed - No longer applicable)
  • 5.2 Tutors must be at least 18 years old.
  • 5.3 Tutors must be legally entitled (possessing the relevant immigration status where relevant) to work in the UK on a self-employed basis.
  • 5.4 If Tutors contact Students who are under 18, they must ensure that these Students are represented by a parent or legal guardian who gives consent for the Student to receive tuition.
  • 5.5 Tutors are responsible for ensuring that the personal information they provide and their personal statements on the Website are accurate and in no way misleading. They must update this information promptly to maintain its accuracy.
  • 5.6 Tutors must disclose any criminal convictions or cautions they may have to TheMatheMagician, including any criminal convictions or cautions received at any time after having registered a tutor account on the Website and for as long as the Tutor remains registered.
  • 5.7 Tutors claiming Background Checked Status must meet the requirements set out in clause 16.4 of these terms and conditions.
  • 5.8 Any Tutor who, in TheMatheMagician's opinion, fails to comply with these terms and conditions may be immediately barred from using the Website and related services. TheMatheMagician reserves the right to cancel any existing Bookings at any time in such circumstances.
  • 5.9 Tutors must use their own judgement about whether they wish to offer their tuition services to each individual Student. Tutors must take every precaution to ensure that they work in a safe environment and are responsible for taking out and maintaining their own insurance policies to cover the work they undertake.
  • 5.10 Tutors will charge the fee advertised on the Website. TheMatheMagician may at its own discretion in exceptional circumstances negotiate rates.
  • 5.11 (Removed - No longer applicable)
  • 5.12 Tutors should make Bookings for Lessons and respond to messages received from TheMatheMagician and Users promptly.
  • 5.13 For any meetings (including lessons, trials or assessing student need) with a Student found via TheMatheMagician's Website, Tutors must make a Booking to account for this time. Tutors agree not to solicit Students or disintermediate TheMatheMagician, or attempt to solicit Students or disintermediate TheMatheMagician, in any way, at the time of booking any Lesson with any Student, during any period of confirmed Bookings with any Student or at any time within six months of the date of the most recent Booking with the relevant Student (the "Tutor Restriction Period").
  • 5.14 Tutors must only make Bookings for Lessons in accordance with the instructions of their Students. If Tutors make Bookings for additional Lessons which they fail to deliver, they will be liable to refund to the Student directly any Tutor Fee they have received for any such Bookings.
  • 5.15 Tutors must allow at least 15 minutes from the scheduled start time of a Lesson for Students to attend the Lesson. If Tutors fail to do so, they will be liable to refund to the Student any Tutor Fee they have received for the relevant booking. Tutors are not required to extend the lesson beyond the booked end time but it would be a sign of goodwill should they choose to do so. They must not extend lessons if it will have an impact on another Student.
  • 5.16 Tutors must not complete or intend to complete coursework, or any similar assignments, on behalf of Students.
  • 5.17 Tutors must ensure that all written communication with Students to organise Bookings and arrange Lessons takes place as agreed.
  • 5.18 Tutors shall indemnify TheMatheMagician for all claims and liabilities arising out of any use by the Tutor of the Website, including any costs and expenses incurred.
  • 5.19 Tutors are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson. Tutors will be liable to refund any fees received for an Online Lesson in the event that they are unable to access the Online Classroom for whatever reason, save where such inability to access the Online Classroom arises as a result of TheMatheMagician failing to provide the services outlined in clause 2.2 of these terms and conditions.
  • 5.20 Tutors who are late for a Lesson must provide evidence that they contacted the Student directly to make them aware of their lateness and that the Student was happy to take the Lesson at a later time. Any Tutors who fail to do so will be liable to refund to the Student any Tutor fee they have received for the relevant booking.
6. Payment
  •  
  • 6.1 The Lesson Fee payable by a Student for a Lesson will be sent to the Student electronically as a link at the time of confirming a Booking. At this point the fee with become payable.
  • 6.2 A Lesson Fee is the combination of the Tutor Fee any applicable VAT or other sales tax.
  • 6.3 The Lesson Fee is payable by the Student in exchange for the services listed in clause 2 of these terms and conditions. The Lesson Fee will be determined based on the number of hours of Lessons taught by the Tutor prior to the Lesson.
  • 6.4 (Removed - No longer applicable)
  • 6.5 The Student authorises TheMatheMagician to charge their credit/debit for the Lesson Fee attached to the relevant Booking via the Link.
  • 6.6 If any Student cancels a Booking less than 12 hours before the relevant Lesson is due to commence, payment may still be payable.
  • 6.7 If any Student makes a Complaint (claiming for a Missed Lesson, raising a refund request, or making a claim against TheMathemagician’s 100% satisfaction guarantee), charges may nevertheless be processed as usual to collect payment, and refunded as appropriate, in accordance with these terms and conditions.
  • 6.8 For Online Lessons, Students will be charged the full Lesson Fee, provided the Tutor attended the Online Classroom for at least 15 minutes from the Lesson’s scheduled start time. No charge will be made to the Student if a Tutor does not attend for at least the first 15 minutes of a Lesson and, therefore, give the Student sufficient opportunity to attend.
  • 6.9 If a Lesson does not take place because a Student does not attend (whether in person or via the Online Classroom, as applicable), the Student will be charged the full Lesson Fee.
7. Cancellations
  •  
  • 7.1 A Student may cancel a Booking at any point before the scheduled start time of a Lesson.
  • 7.2 A Student may only cancel a Lesson by cancelling the relevant Booking on the Website form or email. Cancellations made through other methods may result in charges still being made to a Student’s account.
  • 7.3 Cancellations made 12 or more hours before a Lesson is due to commence will incur no charge.
  • 7.4 Bookings cancelled by a Student less than 12 hours before a Lesson is due to commence may incur a charge. TheMatheMagician leaves it to the Tutor's discretion whether to accept the cancellation request and not charge any Lesson Fee, or to charge the Student 50% of the Lesson Fee, as displayed at the time of confirming their Booking.
  • 7.5 Tutors may cancel a Booking at any time prior to a Lesson taking place. To do so, Tutors must inform the Student directly. In the event of a Tutor cancelling a Booking, the Student will not be charged any Lesson Fee or, if the Student has paid the Lesson Fee, will receive a full refund or not be charged for a future lesson.
  • 7.6 Bookings cannot be cancelled after the Lesson has started.
8. Missed Lessons and Complaints
  •  
  • 8.1 As defined at the end of these terms and conditions, a “Complaint” covers any cause for the Student to seek a refund as a result of the service provided by the Tutor, including, but not limited to, a Missed Lesson (where the Tutor did not attend a Lesson booked) or a claim about quality (where the Student feels that the service provided by a Tutor falls below the standards they reasonably expected).
  • 8.2 A Student should inform TheMatheMagician of a Complaint by either phone or email within 96 hours after the scheduled finish time of the relevant Lesson.
  • 8.3 When a complaint has been received from a student, TheMatheMagician will contact the Tutor within 72 hours of the complaint being received, by email and text message to inform the Tutor that a complaint has been raised.
  • 8.4 (Removed - No longer applicable)
  • 8.5 (Removed - No longer applicable)
  • 8.6 (Removed - No longer applicable)
  • 8.7 Should TheMatheMagician find that a Missed Lesson occurred due to any failure of TheMatheMagician to meet the terms set out in clause 2 of these terms and conditions, TheMatheMagician will refund the Student any Platform Fee paid.
  • 8.8 TheMatheMagician reserves the right to offer any Student, as a gesture of goodwill, payment of a sum equivalent to the full Lesson Fee. Such a payment will be awarded solely at TheMatheMagician’s discretion.
9. (Removed - No longer applicable)
  •  
10. Failed Payments
  •  
  • 10.1 As defined in clause 16.5, ‘Failed Payment’ means an outstanding Lesson Fee for a Booking for which TheMatheMagician has been unable to make a successful charge against the payment details provided by the Student.
  • 10.2 In the case of a Failed Payment, no more lessons will be delivered until the payment has been made.
  • 10.3 The Student ask by phone, email or SMS for the payment link to be resent.
  • 10.4 TheMatheMagician reserves the right to protect the Tutor from further loss of earnings by cancelling Lessons and their associated Bookings at any point with a Student who has an outstanding Failed Payment (including for a Student who has an outstanding Failed Payment.
  • 10.5 In the case of a Failed Payment still being outstanding 96 hours after the scheduled end of the relevant Lesson, TheMatheMagician will cancel all of the Student's further Bookings. The Tutor will not make any further Bookings for Lessons with the Student until the Failed Payment has been settled by the Student making a successful payment for the full Lesson Fee.
  • 10.6 TheMatheMagician may continue to seek payment to cover Failed Payments from the Student for ninety days following the scheduled end of the relevant Lesson, by contacting the Student by email, SMS and/or phone.
  • 10.7 The Student accepts that TheMatheMagician reserves the right to pass bad debts to third party debt collection services, and acknowledge that their credit rating may be affected.
  • 10.8 (Removed - No longer applicable)
  • 10.9 (Removed - No longer applicable)
11. Child Protection
  •  
  • 11.1 TheMatheMagician seeks to provide the best service possible and provide a safe experience in which children can learn.
  • 11.2 Any User who is the parent of a child under the age of 18 who has a Lesson with a Tutor should not leave the child in the sole care of that Tutor.
  • 11.3 All Tutors must comply with the The Tutors' Association Child Protection Policy, whether or not they are a member of The Tutors' Association, and all relevant legislation and government guidance. The Policy can be found at this link: https://img1.wsimg.com/blobby/go/1a668a6b-1c3c-4fdd-ad54-243a369a420a/downloads/1cksgq6k5_30316.pdf
  • 11.4 If any User has a concern regarding child protection, they should contact TheMatheMagician immediately.
  • 11.5 TheMatheMagician's designated Child Protection Officer is Wayne Lynch.
12. Disclaimers and Limitation of Liability
  •  
  • 12.1 Nothing in these terms and conditions in any way limits or excludes TheMatheMagician's liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.
  • 12.2 All Users must give TheMatheMagician a reasonable opportunity to remedy any matter for which TheMatheMagician is potentially liable before incurring any costs remedying the matter themselves.
  • 12.3 TheMatheMagician shall not be liable for any loss or damage caused by it or its employees or agents in circumstances where:
    •  
    • * there is no breach of a legal duty of care owed by TheMatheMagician or by any of its employees or agents;
    • * such loss or damage was not reasonably foreseeable by both parties or
    • * such loss or damage is caused by the User, for example by not complying with these terms and conditions.
  • 12.4 To the extent permitted at law, the User will be liable for any reasonably foreseeable loss or damage TheMatheMagician suffers arising from the User's breach of these terms and conditions or misuse of the Website (subject of course to TheMatheMagician's obligation to mitigate any losses).
  • 12.5 The following clauses apply only if the User is not a consumer:
    •  
    • * To the extent allowed by law, the User and TheMatheMagician exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions. In this clause, any reference to TheMatheMagician includes its employees and agents.
    • * TheMatheMagician's liability of any kind (including in respect of its own negligence) with respect to the Website for any one event or series of related events is limited to £100.
  • In no event (including TheMatheMagician's negligence) will TheMatheMagician be liable for any:
    •  
    • * economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
    • * loss of goodwill or reputation;
    • * special, indirect or consequential losses; or
    • * damage to or loss of data (even if TheMatheMagician has been advised of the possibility of such losses).
  • the User will indemnify TheMatheMagician against all claims and liabilities directly or indirectly related to the User's use of the Website and/or breach of these terms and conditions.
  • These terms and conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any previous communications or agreements. The parties both acknowledge that there have been no misrepresentations and that neither has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these terms and conditions is excluded.
13. Intellectual Property
  •  
  • 13.1 When submitting material to TheMatheMagician, Students and Tutors also grant to TheMatheMagician a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material.
14. Changes to these terms and conditions
  •  
  • 14.1 TheMatheMagician may change these terms and conditions by posting the revised version on the Website at least 14 days before they become effective. Please check the Website from time to time. Users will be bound by the revised terms and conditions if they continue to use the Website or the services following the effective date shown.
15. Governing Law & Jurisdiction
  •  
  • 15.1 These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of England.
  • 15.2 If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.
16. Definitions
  •  
  • 16.1 “Booking” means the booking attached to an individual Lesson on the Website, via online meeting software, face to face or any other agreed lesson format.
  • 16.2 “Complaint” means a claim by a Student that either the service provided by a Tutor falls below the standards the Student expected of a tutor introduced by TheMatheMagician, or, that there was a Missed Lesson.
  • 16.3 “Content” means all information of whatever kind (including information, service provider listings, profiles, Reviews), published, stored or sent on or in connection with the Website.
  • 16.4 “Background Checked Status” means an enhanced check provided by the Disclosure and Barring Service, Disclosure Scotland or Access Northern Ireland.
  • 16.5 “Failed Payment” means an outstanding Lesson Fee for a Booking, for which TheMathemagician has not received the agreed fee via the "personal link service".
  • 16.6 “Lesson” means, unless otherwise specified, a one-to-one or group tuition lesson between a Student and a Tutor, including both in-person and online sessions.
  • 16.7 (Removed - No longer applicable)
  • 16.8 “Missed Lesson” means a claim by a Student that they have not received a Lesson in any format.
  • 16.9 “Online Classroom” means TheMathemagician’s negotiated online lesson platform which is made available to Users at the time of booked Online Lessons. The most commonly used platform is Zoom.
  • 16.10 “Online Lesson” means a tuition lesson between a Student and a Tutor delivered through one of TheMatheMagician’s Online Classroom formats.
  • 16.11 (Removed - No longer applicable)
  • 16.12 “Review” means any review, comment or rating.
  • 16.13 “Payment Link” means the personal link provided by TheMatheMagician to the Student for payment reasons. This service is currently provided by Monzo Bank Ltd. Broadwalk House, 5 Appold Street, London. EC2A 2AG.
  • 16.14 “Student” means a User who has registered as a student with TheMatheMagician. The Student must be at least 18 years old. Where the learner is under 18 years old, the Student will have their parent or guardian in the same premises as them.
  • 16.15 (Removed - No longer applicable)
  • 16.16 “Tutor” means a person that will deliver the lesson to the Student.
  • 16.17 (Removed - No longer applicable)
  • 16.18 (Removed - No longer applicable)
  • 16.19 (Removed - No longer applicable)
  • 16.20 “User” means a person who uses our Website (whether or not they have registered an account with us).
  • 16.21 “Website” means the website on the domain http://www.TheMatheMagician.uk or http://TheMatheMagician.uk.

Click here to open the Terms and Conditions form.

Disclaimer: We try to ensure that the information is as accurate as possible BUT here is the legal bit We do not warrant, represent or guarantee: the accuracy of the information published on this website; the completeness of the information published on this website; that the information published on this website is up-to-date; or the information on the website can be applied to achieve any particular result. To the maximum extent permitted by applicable law we exclude all representations, warranties and guarantees relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Click here to read our Terms and Conditions.

©2020TheMatheMagician.uk