WEBSITE TERMS OF USE

Terms & Conditions
1. Application

1.1. The terms, conditions and stipulations as mentioned in this web page form the comprehensive and complete basis on which Tutorak LTD (hereinafter referred to as we, us, our, the Service Provider and Tutorak) shall provide its services to the Client. We shall assume that all the terms, conditions, and stipulations provided in this page have been read and understood by all the users of our services and visitors to our website. This assumption shall apply to an individual(s) and other legal person(s) when visiting our website, registering for our online courses or by any of the mediums made available to users by us.

1.2. By visiting www.tutorak.co.uk, all visitors accept and provide their legal consent to the practices expressed by the Service Provider in this Terms and Conditions agreement. We revise the terms provided on this page as per our requirements. We reserve our rights to amend the stipulations, terms and conditions from time to time. The amended terms shall always supersede the previously applicable conditions. For visitors to our website, only the terms and conditions in force at the date and time of their visit shall be applicable.

2. Definitions & Interpretations

2.1. In these terms and conditions listed on this webpage these words and/or sets of words shall have the following definition/meanings:

2.1.1. Service Provider – Refers to Tutorak Limited (Registered Company Number 09762641)

2.1.2. Agreement – The agreement between the Service Provider and the Client

2.1.3. Good industry practice – Means the degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a Service Provider engaged in a similar type of undertaking as the Services provided by the Service Provider.

2.1.4. Client – Means the Client who has purchased Services from the Service Provider.

2.1.5. Commencement Date – The commencement date for the Agreement as set out in the agreed Schedule if any or the Service Provider’s order confirmation.

2.1.6. Fees – The fees payable by the Client to the Service Provider.

2.1.7. Services – The Services to be provided by the Service Provider to the Client as set out in an agreed Schedule if any or the order confirmation.

2.1.8. User, learner, delegate – All these words refer to an individual who registers for and/or attends our courses in the offline and/or online mode.

2.1.9. Registered- Refers to the pieces of information such as personal details and contact information officially provided by a learner/purchaser to Tutorak subject to the acknowledgement of the same from our end.

2.1.10. Bespoke Courses – Refers to the training programs/courses created by Tutorak in line with the exclusive requirements of an organisation.

3. The Services

3.1. In consideration of the fees being paid in accordance with the Agreement, the Service Provider shall provide the services to the Client, with effect from the commencement date. The Service Provider shall use all reasonable endeavours to complete its obligations to the client under the Agreement.

3.2. The Service Provider guarantees that the services shall be in accordance with Good Industry practice.

3.3. In the event that the service provided is not in accordance with Clause 3.2, the Service Provider’s only priority shall be, to evaluate and re-perform the relevant services to the required standard, provided that the Service Provider shall not be liable under Clause 3.2 should the Client fail to provide a written notice within 7 Business Days with full written particulars of the original non-performance.

4. Pricing of the Services

4.1. The price(s) of the Services are displayed on the Service Provider’s website at the time you place your order. Unless stated otherwise, all prices stated on our website are inclusive of all taxes.

4.2. The price(s) of the Services are subject to change as per the discretion of the service provider.

4.3. Our website contains a large number of Services and it is always possible that despite the Service Provider’s best efforts, some of the Services listed on the website may be incorrectly priced. In such a case the Service Provider shall not be obliged to supply the Services at the incorrect price, even if we have accepted your order.

5. Payment Method

5.1. Unless otherwise agreed in writing, all payments are required to be made in full for all the Services you order before your order can be processed. Payments for the Services shall be taken through a secure PCI-certified third-party payment provider (as we shall nominate from time to time).

6. Limitation of Liability

6.1. Nothing in these Terms and Conditions excludes either parties from any liability of personal injury or death arising from negligence, fraud, misrepresentation, or omission of relevant information.

6.2. All warranties, conditions or any other terms that are covered by a Statute or Common Law are excluded from these Terms and Conditions. (Except when expressly and specifically provided in these Terms and Conditions).

6.3. We shall not be held liable for any damages, costs or expenses incurred by either Party (whether consequential, direct or indirect) emergent from the exercise of any rights permitted under these Terms and Conditions. We shall also not be liable for any unforeseeable damages such as damages caused by a computer virus, loss of data, software malfunction or any other technical problem.

7. Intellectual Property Rights

7.1. All content provided on Tutorak website is the intellectual property of the Service Provider. Any commercial use without a written permission is not permitted in accordance with the copyright laws.

7.2. The Client shall not copy any part of the Service Provider’s ‘Services’.

7.3. The Client shall not modify, develop, adapt, imitate, reverse engineer, disassemble or decompile any content provided as part of the ‘Service’ by the Service Provider.

8. Force Majeure

8.1. The service provider shall not be liable for any failure or delay performing obligations under an order that is caused by an event outside our control. Such causes include (but are not limited to) server failure, software malfunction, strikes, lock-downs, civil commotion, riot, invasion, terrorist attack, threat of terrorist attack, war (both declared or undeclared), threat of war, preparation for war, fire, explosion, storm, flood, earthquake, epidemic, and failure of public or private telecommunications networks.

9. Certificates and Identification Cards

9.1. Digital certification turnaround time for the Online Regulated Qualifications depends on numerous factors including, but not limited to, the third-party awarding bodies’ own turnaround time and any technical issues in the Learning Management System.

9.2. Digital certificates for the following Online Regulated Qualifications shall take 3-5 working days to be emailed to the Client:

9.2.1. Award for Personal Licence Holders;

9.2.2. Scottish Certificate for Personal Licence Holders;

9.2.3. Health & Safety Level 3;

9.2.4. Food safety Level 3.

9.3. Approximate printed ID Card turnaround time for the following course(s) is 1-2 working days:

9.3.1. Traffic Marshal (Banksman).

9.4. The Service Provider holds the rights to change the time frame mentioned in clause 10.2 and 10.3 without prior notice.

9.5. The Service Provider accepts no liability for misplaced ID cards once the cards have been dispatched to the Client’s address.

9.6. The replacement ID card fee is £20.

9.7. The replacement ID card fee is subject to change at the discretion of the Service Provider without prior notice.

9.8. All ID cards (except those covered by clause 10.12) shall be delivered via Royal Mail. The Client shall be asked through email (provided by the Client at the time of the Course booking) to confirm the Postal Address. The Client must reply with the correct address in the format specified in the email within 24 hours to avoid any delays in the posting of the ID card. The Service Provider shall not be held responsible for any delays caused by the Client’s late reply to the email.

9.9. The course fee paid by the Client shall include the charges for ‘Free Standard Delivery’ which shall utilise ‘Royal Mail 2nd Class unrecorded delivery’. If the Client opts for the Standard Delivery Option (Refer to clause 10.10 for clarification), the Service Provider shall not be liable for any misplaced, lost or damaged (in post) ID cards.

9.10. The Client may opt for ‘Recorded Signed For delivery,’ which is charged at £5.50 per ID card. This fee shall be paid (Terms and Conditions laid out in clause 5.1 shall apply) by the Client in addition to the course fee before the ID card shall be posted. The Service Provider shall not be held responsible for any delays caused by late payment for the Recorded Delivery.

9.11. The Service Provider shall not be liable for any claims of lost/misplaced/damaged ID cards (covered by the Terms and Conditions laid out in clause 10.10) after 30 calendar days from the date of dispatch of the ID card.

9.12. In-person collection from the Service Provider’s head office can be made by the Client with prior notification.

10. Resit Examinations.

10.1. The Terms and Conditions for resit examinations may vary depending on the Course and mode of examination (online or classroom based). Complete information (including the Terms and Conditions) shall be emailed (to the email address provided by the Client at the time of the purchase) to the Client at the time of the resit examination booking. The Terms and Conditions included in the email sent to the Client at the time of the resit exam booking shall supersede the Terms and Conditions displayed on the Service Provider’s website.

11. Cancellation and Refund Policy

11.1. All Clients shall have a legal right to request a cancellation, under the Consumer Agreements (Information, Cancellation and Additional Charges) Regulations 2013, within 14 days of the date of purchase.

11.2. Cancellation requests shall be made by the Client in accordance with the Client’s legal rights stated in clause 12.1. To request a cancellation, the Client shall either call the Service Provider on the customer service phone number provided on the Service Provider’s website or send an email to the customer service email address provided on the Service Provider’s website. The Client shall provide full details of the order in the email for the Service Provider to process the cancellation and refund.

11.3. All cancellations shall be confirmed in writing through email by the Service Provider before the issuance of refund.

11.4. The Service Provider shall not be held liable for any delays in cancellation or refund if the Client’s email is not received by the Service Provider due to a technical error. The Client shall be responsible for calling the Service Provider on the customer service phone number provided on the Service Provider’s website if a response to the Client’s email requesting cancellation has not been generated by the Service Provider within 5 days of the ‘Email Sent’ date.

11.5. The Cancellation and Refund Policy shall stand invalidated if the Client is seen as having attempted to take advantage of the product or service in any way.

11.6. The Cancellation and Refund Policy shall stand invalidated if the Client accesses any of the learning material provided by the Service Provider, logs into the Service Provider’s Learning Management System, Starts a course, or utilises any software provided by the Service Provider.

11.7. In case of cancellation, the Service provider shall refund the full price of the course as soon as practicable, through the original method of payment, or, through a mutually agreed upon method subject.

12. Abuse Directed at Service Provider’s Employees

12.1. The Service Provider does not tolerate abusive language directed at staff. Such behaviour shall lead to the Client’s exclusion from the course for which the Client shall NOT receive a refund. Depending on the severity of the actions or words, the Service Provider shall reserve the right to take appropriate legal action against the Client.

12.2. The use of unacceptable behaviour or abusive language, whether directed towards trainers or fellow delegates, when attending online classes shall lead to the same consequences as mentioned in clause 6.1 of this terms and conditions webpage.

13. Bespoke Courses

13.1. Bespoke Courses can be ordered by the Client in the online, as well as, offline mode and shall be created as per the requirements of the Client.

13.2. Complete payments for the creation of the bespoke courses must be made by the Client on any of the payment mediums prescribed for the same by the Service Provider at the time of ordering for a bespoke course. In special cases, as per our discretion, we may demand payments on a specific medium.

13.3. The contractual obligations between the Service Provider and the Client shall come into effect upon acceptance of the Terms and Conditions (herein prescribed) by the Client and creation of a legally binding agreement between the Service Provider and the Client.

13.4. The timeline for delivery of the bespoke course shall be dependent on the content, structure and information provided by the Client and shall be decided mutually by the Service Provider and the Client.

13.5. If the Client desires to resell the bespoke course, the Service Provider must be informed at the time of writing of the contract, so that the contract may be drafted accordingly.

13.6. The bespoke course delivered to the Client shall be considered the intellectual property of the respective purchaser/customer from the time of delivery of the same. However, unless explicitly stated in the contract document, the Service Provider may use the course on the portfolio for the purposes of showing our work to prospective purchasers/customers and for advertisement/marketing related objectives.

13.7. The contract document executed for the creation of a bespoke course shall always supersede the general terms and conditions related to bespoke courses as provided in this webpage.