Terms and Conditions

QualPros Terms and Conditions

Definitions

“Materials” means all information, data, documents, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, resources, and products made available or enabled via the Site by us or Users of this Site.

“Privacy Policy” means the privacy policy governing the use of information on the Site. The Privacy Policy can be found in the footer of the Site under ‘Our Privacy Policy’.

“QualPros” or “we” or “us” means QualPros Ltd. (company number 09886870) with its registered address at 197 Long Lane, London, SE1 4PD.

“QualPros Services Agreement” means the agreement between a Tutor and QualPros in connection with the services provided by us.

“Registered User” means a User who has registered on the Site as a Tutor or Student.

“Site” means www.qualpros.com and all of its sub-domains.

“Student” means any person accessing the Site for the purposes of obtaining Tuition Services.

“Terms” means these terms and conditions.

“Tuition Agreement” means the agreement to be entered into between a Tutor and his/her Student(s) in connection with the provision of Tuition Services. The Tuition Agreement can be accessed under https://www.qualpros.com/register-tutor.

“Tuition Services” means any teaching, coaching, tutoring and the provision of any Materials and any other activity related thereto by a Tutor.

“Tutor” means any person accessing the Site for the purposes of providing Tuition Services.

“User” or “you” means any user of the Site.

1. General

This Site is operated by QualPros. These Terms govern the use of the Site. By accessing and/or continuing to use any part of the Site, you agree to be bound by these Terms. If you do not wish to be bound by the Terms, please exit the Site.

QualPros offers a fully automated online teaching platform for use by Tutors and Students. QualPros does not employ or act as agent for any Tutor or Student. In addition to these Terms, the provision of Tuition Services by a Tutor to one or more Students is subject to the Tuition Agreement between the Tutor and the Student and the QualPros Services Agreement between QualPros and the Tutor.

The Terms, Privacy Policy, QualPros Services Agreement and the Tuition Agreement shall, unless expressly agreed by us with the relevant party, prevail over any other terms or agreements put forward by any Student or Tutor.

We may, in our sole discretion, assist a Tutor or Student in enforcing any right available under these Terms or the Tuition Agreement.

If you wish to unsubscribe from QualPros’ emails, please email us at team@qualpros.com.

The Terms and all non-contractual obligations arising from or connected with it are governed by English law. The courts of England have exclusive jurisdiction to settle any dispute arising out of or in connection with the Terms (including a dispute relating to the existence, validity or termination of the Terms or any non-contractual obligation arising out of or in connection with the Terms) (a “Dispute”) provided that we may seek recourse to the courts of any other jurisdiction in our sole discretion in connection with any Dispute.

2. The Site

2.1 User’s Responsibilities

You must be 18 years old or older.

You must exercise your own judgment when assessing site information and the suitability of a Tutor/Student (as applicable) to work with and of any Material or information available on the Site.

You should not rely on any content on the website as constituting advice, recommendation or endorsement by us.

You are responsible for your own online security and technical compatibility with the Site.

Any breach or suspected breach of these Terms may result in the denial of service and denied access to the Site.

2.2 Variation

We do not warrant that the content on the Site is complete, accurate or up-to-date.

We reserve the right to decline to register any person as a Registered User.

We may restrict the number of profiles a user may view and /or the number of messages and booking requests a User may send, within certain periods at our sole discretion.

We may monitor, edit and remove User information at any point and without notice.

We may suspend or terminate any User and block certain IP addresses to protect our service, at any time and without giving notice or reasons.

Please check these Terms regularly as we reserve our right to amend these Terms and the features of the Site from time to time.

2.3 Registration

Certain functions of the Site are only available to Registered Users. In particular, in order to provide or obtain Tuition Services, you will need to register with us.

You may register as a Registered User by providing us with the details requested on the registration page.

We may require you to re-validate their registration at any time. You may not use proxy IP addresses to hide your actual IP address.

Any personal information supplied to us will be collected, stored and used in accordance with the Privacy Policy.

You must be the sole user of your account.

You must keep your password secret. If you believe your password has been compromised, you must let us know at once and change your password as soon as possible.

You are liable for any activity on the Site occurring in your name.

3. Participating in online tuition

3.1 The Rules of Conduct

The Site enables Users to participate in online tuition. In addition, certain parts of the Site allow Users to download and/or upload Materials, participate in discussion forums and communicate with other Users. In using the Site, we require all Users to conduct themselves in a professional manner and abide by all applicable professional conduct rules.

In addition, Users agree to abide by the following rules (the “Conduct Rules”):

(a) Users must configure their own electronic devices in order to use the Site and to obtain or provide (as applicable) Tuition Services. If you have any questions, you can contact us by filling out the form under https://www.qualpros.com/contact-us.

(b) Unlawful, harassing, illegal, abusive, disruptive, offensive, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable behaviour is strictly prohibited. Please report any such behaviour found on the Site to us by filling out the form under https://www.qualpros.com/contact-us.

(c) Discussions should be relevant to the topic in hand and must not include unsolicited promotional or off-topic Material.

(d) Advertising, promoting nor the posting of other website addresses is strictly prohibited.

(e) Users may not use any inappropriate (e.g. vulgar, offensive, etc.) user names.

(f) Users may not use the Site to submit or share any defamatory or illegal Material of any nature. This includes text, graphics, video, programs or audio. Submitting or sharing Material with the intention of committing or promoting an illegal act is strictly prohibited.

(g) Users agree to submit to or share only contributions which are their own original work.

(h) Users must not violate, plagiarise, impersonate or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal, design or proprietary rights.

(i) Users may not collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.

(j) Users may not use or attempt to gain access to or use another’s account, password, Materials or computer systems or networks connected to any QualPros server or to the Site, whether through hacking, password mining or any other means.

(k) Users may not remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.

(l) Users may not access or attempt to access any Material that they are not authorised to access or Materials through any means not intentionally made available through the Site.

(m) Users may not make available any files containing Materials which they do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such Materials.

(n) Users may not use any Materials in any manner that infringes any intellectual property rights or other rights of any party.

(o) Users may not disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.

(p) Users may not transmit unsolicited or bulk communications to QualPros, any other User or any other affiliated e-mail address.

(q) Users may not post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.

(r) Users may not disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Tuition Services.

(s) Users may not access or use the Site in any manner that could damage, disable, overburden or impair any QualPros server or the network(s) connected to any QualPros server.

(t) Users may not violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms.

(u) Users may not prepare, compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.

(v) Users may not engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).

(w) Users may not market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by QualPros

We reserve our right to take any action against any User or any account, for any reason and as we deem necessary including, without limitation, suspending or terminating the use of the Site, terminating a User’s registration and informing any competent law enforcement agencies of any suspected illegal activity.

3.2 Cancellation Policy for Tutorials

Tutors are responsible for setting their tuition timetable.

Tutorials will proceed if at least one Student is in attendance.

Tutorials may only be cancelled by (i) all participating Student’s collectively or (ii) the Tutor a minimum of 48 hours prior to the arranged tutorial start time. If an alternative date is agreed by the Tutor and all participating Students, the tutorial is rescheduled at no cost. If no alternative date is agreed, the tutorial will be cancelled and the Student(s) will be entitled to a refund. If a Student has paid for more than one tutorial, the refund shall be the applicable pro rata portion of the amount paid.

If a tutorial is cancelled by all participating Student(s) within 48 hours of the tutorial start time, and is not rescheduled, the Student(s) will be liable for and the Tutor may request 50% of the full payment for that tutorial.

If the Tutor cancels within 48 hours of the tutorial start time, and no reschedule is agreed upon, the participating Student(s) may request QualPros to find a replacement Tutor (by filling out the form under https://www.qualpros.com/contact-us) or, if we are unable to find a suitable replacement, will be entitled to a refund for such tutorial. If a Student has paid for more than one tutorial, the refund shall be the applicable pro rata portion of the amount paid.

3.3 Late Arrival Policy for Tutorials

Tuition classes shall start promptly at the scheduled hour.

Full payment for the scheduled tutorial is payable to the Tutor even if a Student joins the tutorial late. A Tutor may agree to overrun past the allotted time at his/her full discretion but is not required to do so.

If the Tutor arrives late and the participating Students do not agree to overrun past the allotted time, then the Students are not liable for the missed time. The participating Students should notify us at by filling out the form under https://www.qualpros.com/contact-us with the relevant details within 48 hours of the end of the tutorial and we will make the appropriate refund. No refund is payable for a late arrival by a Tutor of less than 10 minutes.

If we are not notified within 48 hours of the end of the tutorial, we may have transferred the relevant payment to the Tutor, in which case the Tutor will be responsible for making the refund. QualPros may liaise between the Student requesting a refund and the relevant Tutor. QualPros cannot guarantee a refund and accepts no liability for any failure by a Tutor to do so.

3.4 Complaints and Refund Policy

Students are only entitled to refunds as set out in these Terms.

The cost of the first tutorial is fully refundable. A Student wishing to request a refund should notify us filling out the form under https://www.qualpros.com/contact-us with the request within 48 hours of the end of the tutorial and we will refund the amount paid. A refund cannot be requested once the Student has attended a second tutorial.

We may agree at our discretion to a refund in the event that the relevant Tuition Services have not been of a satisfactory standard. To this end, we may keep video or sound recordings of tutorials to assess the quality of Tuition Services. If the Tuition Services include the provision of Material, a refund may only be requested if there is a significant discrepancy (in our reasonable assessment) between the Materials advertised and the content of the Materials actually received.

A Student wishing to make a complaint should notify us filling out the form under https://www.qualpros.com/contact-us with the relevant information within 48 hours of the end of the tutorial and we shall determine whether to make the appropriate refund.

If we are not notified within 48 hours of the end of the tutorial, we may have transferred the relevant payment to the Tutor, in which case the Tutor will be responsible for making the refund. QualPros may liaise between the Student requesting a refund and the relevant Tutor. QualPros cannot guarantee a refund and accepts no liability for any failure by a Tutor to do so.

3.5 Fees and Payment

Tuition Services may only be paid for through QualPros. Payment should never be made directly to the Tutor. In such circumstances, the Student will remain liable to make the agreed payment via QualPros. We accept no responsibility for any shortfall or any continuing liability in the event of a dispute arising from a direct payment.

Payment must be made in advance of obtaining the relevant Tuition Services. We will generate and send an invoice to the Student by email once the Tuition Services have been booked on the Site and provide an email confirmation (through ourselves or third party providers) once payment has been received.

Amounts paid by a Student will be held in escrow by QualPros and subsequently transferred approximately 48 hours of the end of the tutorial, less any deductions for fees and commissions due to QualPros, to the Tutor. No partial payments are accepted. Where more than one tutorial was paid for, pro rate payments will be made following the end of each module. QualPros shall not be required to make any payments to Tutors unless the relevant payments have been received from the relevant Student(s) in cleared funds.

Payment may be made via PayPal. Authorisation allows the amount invoiced each week to be taken directly from yhe Student’s bank account. Payments made via PayPal may incur additional charges. All prices detailed on the Site are inclusive of VAT.

3.6 Late Payment

If payment has not be received at the time of booking, QualPros will be entitled to charge a GBP15 administration fee. A Student will not be permitted access to the requested Tuition Services unless payment is received.

If payment has not been received within 14 days of the booking date, QualPros reserves the right to take legal action against the Student to reclaim any outstanding debts on behalf of itself and the Tutor, for the full amount due, plus any costs and legal expenses incurred during the process.

4. Tutors

In addition to the Terms, the relationship between QualPros and each Tutor is governed by the QualPros Services Agreement.

Tutors are self-employed. QualPros does not employ or act as agent for any Tutors. QualPros does not restrict any Tutor from working with other employers.

Tutors control and are responsible for the methods, Materials and all other aspects of the tutorials. QualPros is not responsible for the content of any Tuition Services nor the teaching methods of any Tutor, nor does QualPros accept any liability for the consequences of such tuition, including, but not limited to, exam results and dissertation scores. QualPros accepts no responsibility for plagiarism.

Tutors are responsible for their own tax affairs although Tutors agree to provide National Insurance and Unique Tax Payer References (or corresponding information for overseas tax authorities) in the event that we are required to provide such information to HRMC or any other competent tax authority.

Each Tutor undertakes to QualPros that he/she will duly pay the tax and national insurance contributions whether in the United Kingdom or elsewhere in relation to the payments made by QualPros in connection with Tuition Services. Each Tutor further agrees to indemnify QualPros in respect of all and any income tax and national insurance contributions which may be found to be due by such Tutor in connection with the provision of Tuition Services, with any interest, penalties or gross-up therein.

Each Tutor confirms that he/she has the appropriate qualifications, work permits to provide the relevant Tuition Services and represents that the personal information provided on the Site is true and accurate in all respects.

Each Tutor confirms that he/she does not have a criminal record or is otherwise precluded from providing Tuition Services.

Tuition Services shall be conducted in an appropriate and professional manner and in accordance with the Conduct Rules.

Tutors shall not make private arrangements or enter into private agreements with Students in connection with the provision of Tuition Services. The prices for Tuition Services as set out on the Site may not be modified or adapted without our consent.

QualPros will collect payment due from Students and pass them on to the relevant Tutor within 48 hours of each tuition session, less our fees and commissions. QualPros invoices Students on behalf of Tutors. Payment to Tutors will only be made once the invoices have been settled by the Student. Tutors agree not to be paid directly by Students.

Tutors must add tutorials to the calendar on the Site for invoicing. Tutors must keep a record of all tutorials booked.

Tutors providing personal data consent to the use of such data by QualPros for the purpose of assisting Tutors in providing Tuition Services and for all related activities.

Tutors agree not to plagiarise any other person’s work, breach any intellectual property rights or assist Students in cheating or breaching any rules such Students are subject to. Each Tutor confirms that the Material uploaded by such Tutor is his/her own and that such Material is made available in compliance with all applicable intellectual property laws.

5. Miscellaneous

5.1 Accessing Materials

You are solely responsible for any Material you post to the Site. By submitting Material to the Site you warrant that you are not in breach of any intellectual property rights, are fully entitled to do so and grant QualPros a non-exclusive, royalty free, non-terminable licence to copy, modify, distribute, show and create derivative works from that Material.

You may not remove any copyright or other proprietary notices contained in the Materials.

You may not copy or distribute any graphics in the Materials apart from their accompanying text.

The Material on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others not entitled thereto.

You agree not to quote or display Materials, or any portions thereof, out of context.

QualPros reserves the right to revoke the authorisation to view, download and print the Materials available via this Site at any time, and any such use shall be discontinued immediately upon notice from QualPros.

The rights granted to you constitute a license and not a transfer of title.

Any Materials made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution of such separate agreement.

5.2 Intellectual Property

All content on the Site is protected by English and international copyright laws. No part of the Site may be copied, reproduced, distributed, redistributed, modified or displayed without our express written consent. Designs and concepts may not be used for any purpose without our written consent.

All trademarks used or referred to in the Site are the property of their respective owners. “QualPros” and other marks, including graphics, are trademarks of QualPros and may not be used, publicised or replicated without our express consent. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of contacting QualPros.

All copyright of the Site and its content is, unless otherwise stated, owned by QualPros. All rights are reserved.

Users should not create links to this website from another website or document without our prior written consent.

Although care has been taken to ensure the accuracy of the information on the Site, information on the site is provided without any representation or guarantee and in no event will QualPros be liable in connection with the use of the information made available, unless specifically stated otherwise.

QualPros does not guarantee that the Site or the server which makes this Web Site available, are free from viruses or any other harmful elements. The Site may provide links to other websites, which are not under our control.

QualPros will not be in any way responsible for the content of other web sites. QualPros provides such links only as a convenience, and the inclusion of any such web site does not imply endorsement by us of the content of that site.

5.3 Indemnity

You agree to indemnify, defend, and hold harmless QualPros, its affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable legal expenses and court costs, incurred by QualPros in any way related to your (a) acts and/or omissions on or off the Site; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Site; (c) breach of these Terms or any other document or agreement referred to herein; (d) disputes with or between other Users; (e) use and/or misuse of the Site, including without limitation any information, content and/or Materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, Materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or Materials obtained on or through the Site. You further agree that you will cooperate as requested by QualPros in the defence of such claims. QualPros reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Users, and you will not, in any event, settle any claim or matter on behalf of QualPros without the written consent of QualPros.

5.4 Promotions, discounts and special offers

From time to time we may offer discounts, promotions or special offers on terms set out on the Site at relevant time. If several discounts, promotions or special offers potentially apply, only one such may be selected. All discounts, promotions or special offers are entirely discretionary, subject to availability and may be withdrawn or changed at any time without notice.

5.5 Confidentiality

You undertake that you shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, Students or suppliers of QualPros, except that you may disclose such confidential information as may be required by law, court order or any governmental or regulatory authority. You will not use such confidential information for any purpose other than to perform your obligations under these Terms, the QualPros Services Agreement and the Tuition Agreement (as applicable).

5.6 Disclaimer of warranties

Use of the Site is at your sole risk unless otherwise explicitly stated. The Site, including the information, services, and content, is provided on an “as is”, “as available”, and “with all faults” basis. QualPros disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. QualPros makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Site.

QualPros makes no warranty or representations that: (a) the Site will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Site will be accurate or reliable; (c) the quality of any products, services, content, information, or other Material purchased or obtained from tutors will meet your expectations or requirements; or (d) any errors in the Site will be corrected.

You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the Site, including any damages resulting from computer viruses.

5.7 Limitation of liability

You understand and agree that QualPros has no control over the acts or omissions of any User and that QualPros makes no representations or warranties about the quality of the services provided by any Tutor, Student or any other User. You understand and agree that QualPros is not responsible for the performance or conduct, whether online or offline, of any Tutor, Student or any other User of the Site. As such, QualPros expressly disclaims any and all liability whatsoever for any disputes, claims, suits, injuries and/or damages arising from and/or in any way related to the Site.

Users of the Site transact between themselves. QualPros will not be involved in any user interactions. QualPros is not responsible for disputes, claims, loss, injury, or damage of any kind that might arise during and after user interaction.

You understand and agree that QualPros has no control over the acts or omissions of any Tutor, Student or any other User on or off the Site and that QualPros makes no representations or warranties about the quality of the services provided by any Tutor, Student or any other User. You understand and agree that QualPros is not responsible for the performance or conduct, whether on or off the Site, of any Tutor, Student or any other User. as such, QualPros expressly disclaims, and each User expressly releases QualPros from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Tutors, Students or any other Users on or off the Site.

To the full extent permitted by law, QualPros is not liable for any direct, indirect, punitive, special, incidental, consequential or exemplary damages (including without limitation loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if QualPros has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Site; (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the Site; (c) statements or conduct of any third party on the Site, including without limitation unauthorised access to or alteration of transmission or data, malicious or criminal behaviour, or false or fraudulent transactions; or (d) content or information Users may download, use, modify, or distribute. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. In no event shall QualPros’ total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed (a) the amount paid by you to QualPros or (b) GBP100 (whichever is less).

You and QualPros agree that the warranty disclaimers and limitations of liability in these Terms are material and that they have been taken into account in determining the consideration to be given by each party under these Terms and in the decision by each party to enter into these Terms. You and QualPros agree that the warranty disclaimers and limitations of liability in these Terms are fair and reasonable.