This agreement must be carefully read before accessing Show My Homework as by using and/or registering to use Show My Homework, you agree with and accept all of the terms and conditions contained in this agreement. This agreement is provided to you and concluded in English. You agree that any use by you of Show My Homework shall constitute your acceptance of this agreement with the obligation to abide by the terms. We recommend that you store or print-off a copy of the agreement (including all policies) for your records. The terms and conditions outlined below are binding on both parties immediately after you register on Show My Homework.
If you do not agree to the terms of this agreement, please refrain from using Show My Homework.
1.1 We have developed Show My Homework to allow schools, teachers, students and parents to, amongst other things, set, track and monitor homework. To be eligible to enter into this agreement you must:
1.2 Teachercentric shall use reasonable endeavours to contact the person named in the registration in order to verify their identity and affiliation with the named school. We may contact you by telephone, email, fax or by any other means necessary and reserve the right to delete the account of any person who is not authorised to use Show My Homework.
2.1 This agreement refers to the following additional terms, which also apply to your use of Show My Homework:
2.2 If you are either a Test User or an Individual User (a “Trial User”) (or at any point become a Trial User) the ‘Additional Terms for Trial Users’ section shall apply to you.
2.3 If you subscribe for any of our other services you will also have to agree to the terms that govern the service you have subscribed for.
3.1 In consideration of you agreeing to abide by the terms of this agreement, Teachercentric hereby grants:
3.2 In consideration of the Fees as set out in clause 4 (Payment and Fees), Teachercentric shall also:
4.1 The School shall pay to Teachercentric the relevant fees to access and use Show My Homework (the “Fees”). The Fees are available upon request following a completed telephone demonstration of Show My Homework.
4.2 The School shall provide to Teachercentric valid, up-to-date and complete credit or debit card details or complete contact and billing details and, if the School provides:
4.3 All fees and charges will be exclusive of VAT and shall be payable to Teachercentric in GBP.
4.4 Teachercentric reserves its right to amend the Fees at any time upon 30 days’ written notice. These new fees will be applied at the end of the schools licence and are applicable for the school to renew their contract.
5.1 If you are a School, you have the right to cancel this agreement during the period set out below in clause 5.2. This means that during the relevant period if you change your mind or for any other reason you decide that you do not want to use Show My Homework, you can notify us of your decision to cancel this agreement and receive a full refund.
5.2 A School’s right to cancel this agreement starts from the date it receives confirmation of subscription from us, which is when this agreement between us is formed. The School then has a period of thirty (30) calendar days after the Training Session in which to cancel (“Cancellation Period”).
5.3 To cancel this agreement during the Cancellation Period, please contact us by sending an e-mail to email@example.com or by calling +44 (0) 20 7197 9550 (9am to 6pm on weekdays). You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.
The School may cancel its subscription at any time after the Cancellation Period by calling +44 (0) 20 7197 9550 (9am to 6pm on weekdays) or by sending an e-mail to firstname.lastname@example.org. If a subscription to use Show My Homework is cancelled after the Cancellation Period, the cancellation will take effect immediately and you will not be charged again. You will not, however, receive a refund in respect of the remaining period that has been paid for.
6.1 Trial Users acknowledge and agree that Show My Homework will, or may, automatically "time out" (that is to say, cease to operate) at the end of the Trial Period if the Trial User’s School has not at that time purchased a full licence to use Show My Homework.
6.2 Trial Users may make such copies of Show My Homework as are necessary to evaluate the Platform, but may not make any back-up or archival copies and may not load all or any part of Show My Homework on any computer other than the Trial User’s computer system without prior written agreement of Teachercentric.
6.3 During the Trial Period this agreement may be terminated immediately by Teachercentric giving written notice if the Trial User is in breach of any of its obligations under this agreement.
6.4 Upon termination or expiration for any reason, the Trial User shall within two business days completely delete all electronic copies of all or any part of Show My Homework and Teachercentric shall within a reasonable timeframe delete all information that is not required to be retained by law.
6.5 Save for death and personal injury caused by Teachercentric's negligence, Teachercentric shall have no liability of any kind under any circumstances whatever to the Trial User in respect of Show My Homework greater than the limit set out in clause 15.6. In particular, Teachercentric shall have no liability under any circumstances whatsoever for any data loss or corruption greater than that limit and the Trial User agrees that it has sole responsibility for protecting its data during the evaluation period of Show My Homework.
6.6 We exclude all representations, conditions, warranties or other terms, express or implied, in relation to Show My Homework to the fullest extent permitted by law. In relation to Trial Users no representations, conditions, warranties or other terms of any kind are given in respect of the Trial User, and all statutory warranties and conditions are excluded to the fullest extent possible.
7.1 In order for Teachercentric to provide students, parents and teachers with access to Show My Homework, the School shall provide Teachercentric with certain data concerning its students, parents and teachers (which shall include, but is not necessarily limited to, names and contact details) (“Student / Parent / Teacher Data”). The School shall: (i) provide Teachercentric with the non-exclusive, non-transferable right to access and process the Student / Parent / Teacher Data by allowing access to the School’s database for the term of this agreement; or (ii) provide Teachercentric with the Student / Parent / Teacher Data by sending a CSV file, in which case the School grants Teachercentric a non-exclusive, non-transferable right to access and process the Student / Parent / Teacher Data for the term of this agreement.
7.2 The School warrants that it has obtained all rights and permissions necessary to transfer Student / Parent / Teacher Data to Teachercentric.
8.1 Access to Show My Homework is permitted on a temporary basis and we reserve the right to withdraw or amend the services or functionality that we provide on Show My Homework without notice. We will not be liable if for any reason Show My Homework is unavailable at any time or for any period.
8.2 From time to time, and in particular in relation to the maintenance of the platform, we may restrict access to some parts of Show My Homework, or the entire Show My Homework platform, to users who have registered with us. We will use reasonable endeavours to ensure access restrictions are as limited as possible.
8.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as strictly confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this agreement.
8.4 You must not misuse Show My Homework by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Show My Homework, the server on which Show My Homework is stored or any server, computer or database connected to Show My Homework. You must not attack Show My Homework via a denial-of-service attack or a distributed denial-of service attack. In addition you must ensure that you undertake all reasonable precautions to ensure that you do not misuse Show My Homework and that you have appropriate virus protection software.
8.5 If you breach clause 8.4, you will be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, we reserve the right to immediately cease your right to use Show My Homework.
9.1 You agree that when using Show My Homework you will comply with all applicable laws and this agreement. In particular, but without limitation, you agree not to:
(together the "Restricted Activities").
9.2 Except as expressly set out in this agreement or as permitted by any local law, you undertake:
9.3 Notwithstanding clause 9.1 and 9.2, you agree to indemnify us in full and on demand from and against any loss, damage, costs or expenses which we suffer or incur directly or indirectly as a result of your use of Show My Homework otherwise than in accordance with this agreement or any applicable laws.
9.4 You warrant to us that all the information you provide to us is true and accurate to the best of your knowledge.
9.5 You undertake that your login may only be used by you and that is not permitted for a login to be shared by multiple people. The School may create an unlimited number of separate logins for its Authorised Users.
10.1 We are the owner or the licensee of all intellectual property rights in Show My Homework, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2 The trade marks, service marks, and logos (“Trade Marks”) contained on Show My Homework are owned by us, our group companies or third party partners. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of us, the relevant group company or the relevant third party partner of us.
10.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.4 Our status (and that of any identified contributors) as the authors of content on Show My Homework must always be acknowledged.
10.5 You must not use any part of the content on Show My Homework for commercial purposes without obtaining a licence to do so from us or our licensors.
10.6 If you print off, copy or download any part of Show My Homework in breach of this agreement, your right to use Show My Homework will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
11.1 Whenever you make use of a feature that allows you to upload content to Show My Homework, or to make contact with other users of Show My Homework, you must comply with the content standards set out in our Acceptable Use Policy.
11.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
11.3 Subject to clause 11.4, any content that you upload to Show My Homework will only be used in accordance with your instructions. Teachercentric will not sell such content to third parties or use the content for purposes that are not set out in this agreement. To the sole extent it is necessary in order to complete your requests, you grant to us a perpetual, worldwide, non-exclusive, royalty free and fully paid licence to, without limitation, use, sublicence, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public the content.
11.4 We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Show My Homework constitutes a violation of their intellectual property rights, or of their right to privacy.
11.5 We have the right to remove any posting you make on Show My Homework if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
11.6 You acknowledge and agree that Show My Homework acts merely as a passive conduit and/or host for the uploading storage and distribution of such content. The views expressed by other users on Show My Homework do not represent our views or values. We cannot and do not review the Content created or uploaded by its users, and neither we nor our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor Show My Homework for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of this agreement or applicable law.
11.7 You are solely responsible for all of the content that you upload, post or distribute to, on or through Show My Homework, and to the extent permissible by law, we exclude all liability with respect to content and the activities of users.
Teachercentric may revise this agreement (or any of the documents referred to in this agreement) at any time by amending this page. To the extent required we will provide at least fourteen (14) calendar days’ notice by email of any changes though you are expected to check this page from time to time to take note of any changes as they are binding on you. Some of the provisions contained in this agreement may also be superseded by provisions or notices published elsewhere on Show My Homework. Continued use by you of Show My Homework shall constitute your consent to such changes.
We reserve the right to refuse the creation of duplicate accounts for the same user. In a case where duplicate accounts are detected, we reserve the right to close or merge these duplicate accounts without notification.
WE TRY TO KEEP SHOW MY HOMEWORK UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SHOW MY HOMEWORK AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SHOW MY HOMEWORK WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SHOW MY HOMEWORK WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SHOW MY HOMEWORK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
15.1 Nothing in this agreement excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
15.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Show My Homework or any content on it, whether express or implied.
15.3 Subject to clause 15.1, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
15.4 We will not be liable for any loss or damage caused by a virus, trojans, worms, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Show My Homework or to your downloading of any content on it, or on any website linked to it.
15.5 We assume no responsibility for the content of websites linked on Show My Homework. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
15.6 Subject to clause 15.1, our maximum aggregate liability under or in connection with this agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £100 or the amount you paid to us in Fees in the previous 12 calendar months, whichever is greater.
16.1 Upon termination or expiry for any reason:
16.2 Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.
17.1 This agreement is binding on you and us and on our respective successors and assignees.
17.2 You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent.
17.3 We may assign, charge, novate or otherwise dispose of this agreement without your prior written consent. We will, however, provide you with at least 30 days’ notice if we assign, charge, novate or otherwise dispose of this agreement.
18.1 We are required to provide certain information to you in writing. By accepting this agreement, you agree that we can communicate with you electronically either by email or by posting notices on Show My Homework.
18.2 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, arrangements, understandings or agreements between them, whether written or oral, relating to the subject matter of this agreement.
18.3 If any portion of this agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
18.4 If we fail to enforce any of this agreement, it will not be considered a waiver.
18.5 We reserve all rights not expressly granted to you.
18.6 Any mutually agreed amendments between the parties must be in writing.
18.7 This agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.
18.8 At the sole discretion of Teachercentric it has the option for any dispute, controversy or claim arising out of or in connection with this agreement or the relationship between the parties arising out of or created by this agreement, including (a) any question regarding its existence, validity or termination of this agreement and (b) any non-contractual claims (whether in tort or otherwise) shall be settled under the London Court of International Arbitration's (LCIA) Rules by one arbitrator appointed in accordance with LCIA Rules. The language to be used in the arbitration shall be English (UK) and the governing law of the contract shall be the substantive law of England and Wales. The tribunal’s award shall be final and binding.
Law and Jurisdiction
18.9 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
18.10 Any dispute or claim arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.
To contact us, please email email@example.com.
Last updated: 3rd March 2016
This one-to-one tuition agreement (this “agreement”) (together with the documents referred to in it) is a legal agreement between the Student, the Tutor and Show My Homework for the provision of Tuition Session(s).
By using and/or registering for the Platform in connection with Tuition Session(s), you must read, agree with and accept all of the terms and conditions contained in this agreement. This agreement is provided to you and concluded in English. You agree that any use by you of the Tuition Session(s) shall constitute your acceptance of this agreement. We recommend that you store or print-off a copy of this agreement (including all policies) for your records.
If you do not agree to the terms of this agreement, you may not use the Platform to book Tuition Session(s).
The following definitions and rules of interpretation apply in this agreement.
Booking Details: the booking details for the Tuition Session(s) agreed to by the Student on the Platform.
Confirmation of Booking: Show My Homework’s confirmation of the Student’s Booking Details which has been delivered to the Student by e-mail.
Force Majeure Event: means acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions; nuclear, chemical or biological contamination or sonic boom; collapse of buildings, fire, explosion or accident; and interruption or failure of utility service.
Party: a party to this agreement (being a Student, a Tutor and Show My Homework).
Platform: the Show My Homework software platform available at www.showmyhomework.co.uk that, amongst other things, enables Students to book Tuition Session(s).
Show My Homework: has the meaning given to it in clause 2.
Student: an individual that books (or is interested in booking) Tuition Session(s). In the event the beneficiary of the Tuition Session is an individual under 18 years of age, the beneficiary’s parent or guardian shall be the “Student” for the purposes of this agreement.
Tuition Fee: the fee described in the Confirmation of Booking.
Tutor: an individual that offers (or is interested in offering) Tuition Session(s) via the Platform.
VAT: value added tax chargeable under the Value Added Tax Act 1994 and any similar replacement tax and any similar additional tax.
1.2. Clause headings shall not affect the interpretation of this agreement.
1.3. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.4. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.5. The Confirmation of Booking forms part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Confirmation of Booking.
1.6. A reference to writing or written includes e-mail.
1.7. Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.
1.8. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.9. A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.
We are Teachercentric Limited (trading as Show My Homework) incorporated and registered in England and Wales with company number 06055034 whose registered office is at 4 Cam Road, 4th Floor, Stratford, London E15 2SN, United Kingdom (“Show My Homework”, “we” or “us”).
3.1. This agreement refers to the following additional terms, which also apply to your use of the Services:
3.2. If you are a Student (or at any point become a Student) clause 7 shall also apply to you.
3.3. If you are a Tutor (or at any point become a Tutor) clause 8 shall also apply to you.
4.1. The Platform, amongst other things, enables Tutors and Students to interact with each other in connection with the purchase, booking and provision of Tuition Sessions.
4.2. Each Party acknowledges and agrees that:
4.3. Booking Details do not constitute a booking confirmation. The Tutor will confirm acceptance of the booking to Show My Homework and Show My Homework will confirm the booking by sending Confirmation of Booking to the Student by e-mail.
5.1. The booking process is set out here.
5.2. Show My Homework shall confirm with the Student all matters relating to the timing, location, duration and content of Tuition Session(s). Tutors will have a short pre-Tuition Session call with the Student to arrange, amongst other things, the content of the Tuition Session.
5.3. All bookings of Tuition Sessions must take place via the Platform.
6.1. The methods of payment accepted by Show My Homework are available here.
6.2. The Student agrees and undertakes to pay to Show My Homework (without any deduction) the Tuition Fee, together with any additional booking charges, in full (in GBP) and hereby authorises Show My Homework to collect the full amount of the Tuition Fee immediately upon booking.
6.3. Except as expressly set out in this agreement, the Student shall not have any obligations or liability to make any payment to the Tutor.
6.4. All fees and charges will be inclusive of VAT and, where necessary, shall be payable to Show My Homework in GBP. The Student shall be responsible for, and shall pay, any fees charged by the Student’s bank or credit or debit card provider.
This clause 7 only applies if you are a Student.
7.1. The Student represents and warrants that he is at least eighteen (18) years of age (or if he is under 18 years of age that a parent or guardian shall be the Student for the purposes of this agreement).
7.2. The Student acknowledges and agrees that:
7.3. All Tutors listed on the Platform have provided Show My Homework with certain basic information, including:
7.4. The Student shall not, at any time, circumvent (or attempt to circumvent) this agreement by dealing with the Tutor directly (including, but not limited to, paying for or arranging Tuition Sessions with the Tutor directly).
7.5. The Student agrees that it shall not make any payments to the Tutor directly.
7.6. The Student shall indemnify Show My Homework against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Show My Homework arising out of or in connection with:
7.7. Although one-to-one tuition has been shown to improve understanding and can increase a Student’s grades, Show My Homework does not warrant or guarantee that the Student will improve their understanding or grades.
7.8. Whilst Show My Homework keeps a record of the information provided to it by Tutors, it cannot confirm or check all such information. For this reason, Show My Homework cannot guarantee that the information submitted by the Tutor is accurate and Show My Homework shall not be responsible for any failure of the Tutor to provide it with satisfactory evidence to support the statements on the Tutor's Show My Homework profile.
This clause 8 only applies if you are a Tutor.
8.1. The Tutor appoints Show My Homework on a non-exclusive basis to conclude the booking of Tuition Sessions and to accept payment on the terms of this agreement.
8.2. The Tutor represents and warrants that:
8.3. The Tutor acknowledges and agrees that:
8.4. The Tutor may cancel a Tuition Session by providing Show My Homework and the Student with at least 48 hours’ notice. If the Tutor cancels a Tuition Session on less than 48 hours’ notice his rating may be negatively impacted and Show My Homework reserves the right to terminate the Tutor’s account and this agreement.
8.5. If the Tutor fails to give any notice of cancellation Show My Homework reserves the right to terminate the Tutor’s account and this agreement.
8.6. The Tutor shall not, at any time, circumvent (or attempt to circumvent) this agreement by dealing with the Student directly (including, but not limited to, accepting payment from or arranging Tuition Sessions with the Student directly).
8.7. The Tutor shall not request that the Student makes any payments to the Tutor directly.
8.8. Show My Homework shall pay to the Tutor the agreed share of the Tuition Fee (in GBP) within a reasonable period following the Tuition Session. For the avoidance of any doubt, no fees shall be payable to the Tutor for any Tuition Session which is cancelled in accordance with clause 10.1(a) or clause 10.2.
8.9. The Tutor agrees that, for a period of twelve (12) months after the termination of this agreement, he shall not (either on his own account or on behalf of any other person, firm or company) directly or indirectly solicit or canvass business from any Student who at any time during the twelve months prior to termination booked Tuition Session(s) via the Platform.
8.10. Each of the restrictions in this clause shall be enforceable independently of each other and its validity shall not be affected if any of the others is invalid. If any of the restrictions is void but would be valid if some part of the restriction were deleted, the restriction in question shall apply with such modification as may be necessary to make it valid.
8.11. The Tutor shall indemnify Show My Homework against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Show My Homework arising out of or in connection with:
9.1. Subject to the prior written agreement of the Tutor and Show My Homework, Tuition Sessions may take place online or face-to-face.
9.2. All online Tuition Sessions shall be recorded and shall be made available to the Student as soon as reasonably practicable following the Tuition Session. The Tutor and the Student each unconditionally and irrevocably consent to the recording of the online Tuition Sessions.
9.3. Following the completion of a Tuition Session, the Student shall provide written feedback to Show My Homework. The Student hereby grants an irrevocable, worldwide, royalty-free, perpetual licence to Show My Homework to use such feedback for its reasonable business purposes, including (but not limited to) the disclosure of such feedback to the Student’s school.
9.4. The Student acknowledges that it may not always be possible to block book the same Tutor for all Tuition Sessions.
10.1. Subject to clauses 10.2 and 10.3, if the Student provides Show My Homework with notice that he wishes to cancel a Tuition Session and:
10.2. Subject to clause 10.3, if the Student has block booked (and has paid Show My Homework in advance for) at least three (3) Tuition Sessions and:
10.3. If, after the first Tuition Session, the Student is not completely satisfied with the Tutor or the Tuition Session, the Student shall be entitled to: (i) a full refund of the Tuition Fee; or (ii) at the Student’s option, a replacement Tuition Session with a different Tutor, provided that the Student must request a refund or replacement within [14 days] of the first Tuition Session.
10.4. The Student acknowledges and agrees that the Tutor may cancel a Tuition Session by providing at least 48 hours’ notice. If a Tutor cancels a Tuition Session on less than 48 hours’ notice his rating will be negatively impacted.
10.5. The Student acknowledges that this agreement is a contract for online digital content and that, under the Consumer Contract Regulations 2013, he provides his consent for the supply of digital content before the end of the cancellation period. The Student further acknowledges that he will lose his statutory cancellation right if a Tuition Session is delivered before the end of the cancellation period.
Show My Homework recommends that the Tutor takes out appropriate insurance cover.
12.1. Subject to clause 10, any Party may terminate this agreement immediately and without notice to the other Parties. The Student and/or Tutor may terminate this agreement by deleting its account and refraining to use the Platform. Termination by one Party shall not affect the terms of this agreement as between the other Parties.
12.2. Termination of this agreement shall not affect the rights of any Party in connection with any breach of any obligation under this agreement which existed at or before the date of termination. The clauses in this agreement which by the context are intended to survive termination, shall survive termination or expiration of this agreement for any reason.
13.1. Any notice or other communication given under this agreement shall be in writing and shall be delivered by e-mail or by pre-paid first-class post or other internationally recognised delivery services to the relevant e-mail or postal address stated in the Booking Details or as otherwise specified by the relevant Party by notice in writing to each other Party.
13.2. Any notice or other communication given in accordance with clause 13.1 will be deemed to have been received:
13.3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
14.1. Subject to clause 14.2, Show My Homework shall not be liable for:
14.2. Nothing in this agreement shall limit or exclude any Party’s liability for:
14.3. Nothing in this agreement shall limit:
14.4. Subject to this clause 14, Show My Homework’s liability to each of the Tutor and the Student shall be limited to £500 in all circumstances.
14.5. Subject to clause 14.2, the limitation of liability at clauses 14.4 shall apply for each and every claim arising out of the same originating cause or source. In addition, the limit shall apply however that liability arises, including, without limitation, a liability arising by breach of contract, arising by tort (including, without limitation, the tort of negligence) or arising by breach of statutory duty.
15.1. Neither the Tutor nor the Student shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this agreement.
15.2. Show My Homework may at any time and without notice:
No failure or delay by a Party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
17.1 This agreement (together with the documents referred to in it) constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
17.2 Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
No Party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control or a Force Majeure Event.
If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
A person who is not a Party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
21.1. Subject to clause 10, should the Student find that there is a problem, or has cause for complaint, the Student should immediately contact Show My Homework and in any case within 72 hours. Show My Homework can be contacted on 0207 197 9550 or at firstname.lastname@example.org.
21.2. If any dispute arises in connection with this agreement, a representative of Show My Homework with authority to settle the dispute will, within ten (10) days of a request from a Student or a Tutor meet (either in person or by telephone conference) in a good faith effort to resolve the dispute.
21.3. No Party may commence any court proceedings in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by negotiation and either the negotiation has not resolved the dispute within 30 days or the other Party has failed to participate in the negotiation, provided that the right to issue proceedings is not prejudiced by a delay.
21.4. Notwithstanding anything else in this agreement, a Party shall be entitled to seek the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this agreement.
22.1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
22.2. Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims). However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
— Learn more —