NOTICE: You must read these Terms and Conditions before using Aplustutors.co.uk. By accessing Aplustutors.co.uk you agree to be bound by the Terms and Conditions set out below. It is recommended that you print this page for your own records.

1. Definitions

"You" means the user, "I/Me" means Kelly McLellan, "Aplustutors.co.uk/Aplustutors/A+ Tutors" means the website operated by Kelly McLellan and through which he provides the Services, "Services" means the content, and other services provided on the Aplustutors website.

2. The Service
1. I agree to provide the Services as described in these Terms and Conditions.
2. Aplustutors and the Services are provided on an ‘as is’ and ‘as available’ basis.
3. The services are only available to individuals and not groups, agencies or corporations.
4. adverts, or a requested service, can be removed or modified at any time without reason or notification.
5. All fees must be prepaid and are non-refundable, in whole or in part, except in the following situations:
1. if a promised service has not been set up before the cancellation request is received;
2. if a requested subscription service is withdrawn within the first 3 months after application or renewal;
6. Adverts
1. Adverts are kept on the site for a year or until they are asked to be withdrawn. They may be changed or modified at anytime upon request. Every effort will be made to update the website with the requested changes as quickly as possible but no guarantee can be given as to how quickly this may be.
2. Adverts need to be written in normal case. This means that applications for adverts written in CAPITALS or without correct capitalisation will not be accepted.
3. All adverts must state the rates that the tutor charges. Either a flat rate or a closed range (a minimum and a maximum). Open ended ranges are not accepted.
4. The rates tutors charge are expected to be fair to customers and based on experience (inexperienced tutors charge less than experienced tutors). As such, tutors may not state in their adverts that their rates are negotiable.
3. Your Obligations
You:
1. agree to use Aplustutors or the Services in accordance with all relevant laws and not for any illegal purpose;
2. agree not to use Aplustutors or the Services to post any material which is unlawful, harassing, abusive, threatening, harmful, vulgar, defamatory, offensive, or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
3. agree that in the event that you have any right, claim or action against any user arising out of the use of Aplustutors or the Services, then you will pursue such right, claim or action independently and without recourse to me.

If you are a registered User of Aplustutors (advertiser/tutor) then you:

4. are asked to include the address for this site whenever you advertise your own services;
5. agree to pay promptly. Payment must be received before any advert is placed on the website;
6. must inform me of any criminal convictions or cautions in order to advertise on this site and you must keep me informed of any changes to this information.
7. must withdraw your advert(s) from the site if you become:
   1. disqualified from being a teacher or other employee in any school;
   2. aware of any legal reason why you may not work with children or advertise on this site.
4. Disclaimer of Warranties
1. I make no warranties or representations, whether express or implied, in relation to Aplustutors or the Services, including, but not limited to, implied warranties or conditions of completeness, non-infringement, merchantability, accuracy, satisfactory quality and/or fitness for a particular purpose.
2. I make no warranty that Aplustutors or the Services will meet your requirements or will be uninterrupted, timely, secure or error-free.
3. No warranty is given by me as to the results that may be obtained or the accuracy or reliability of any information obtained through Aplustutors or the Services.
4. You expressly agree that the use by you of Aplustutors and the Services is at your sole risk.
5. No advice or information, whether oral or written, obtained by you from Aplustutors or through the Services shall create or be deemed to create any warranty not expressly made herein.
5. Limitation of Liability
1. You agree that, except for death and personal injury arising from my negligence, I shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, wasted expense, financial loss, any loss that is not reasonably foreseeable, or any other pecuniary loss (even where I have been advised of the possibility of such loss or damage).
2. You further agree that I shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use by you, or your inability to use, Aplustutors or the Services, or for the cost of procuring substitute goods and/or services. Such exclusions shall include damages for loss of data or other intangible assets.
3. My liability (including any liability because of my negligence), is limited by my bank balance. :-)
4. You agree not to hold me liable for any loss or damage incurred as a result of any dealings you may have with others via the Services.
5. Each of the exclusions of liability shall be construed separately, and even if any one or more of them proves to be unenforceable, the others shall remain in full force and effect.
6. Registration
1. You agree to provide true, accurate, current and complete information which you are required to provide when you register as a User of Aplustutors ("User Information"); and notify me immediately of any changes to the User Information and generally maintain this information as required to keep it current, complete and accurate;
2. Your E-mail address must be valid.
3. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use;
4. I reserve the right to terminate your right to use the Services if any User Information is untrue, inaccurate, out-of-date, incomplete, or for any other reason;
7. Your Data
1. I will comply with the relevant and current UK/Scottish Data Protection laws, so normally any personal details to be provided to me will not be disclosed to third parties without your consent. Further, I will not normally, edit or disclose the contents of your private communications unless required to do so by law.
2. However, you should be aware that if I am requested by the police or regulatory or government authority in investigating illegal activities to provide information concerning your activities whilst using Aplustutors I shall do so. Similarly, I will disclose your personal data if I am compelled to do so by law; or to protect and defend my rights or property; or the rights or property of Aplustutors or, in extreme circumstances, to protect the personal safety of other users of Aplustutors or the public;
8. Indemnity
You agree to indemnify and to hold me harmless immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you, the infringement by you or by any other user of the Services using your computer, of any intellectual property or other right of any person or entity, or any other liabilities arising out of your use of Aplustutors or the Services.
9. My Rights
I reserve the right to modify or discontinue, temporarily or permanently, Aplustutors or the Services with or without notice to you and you confirm that I shall not be liable to you or any third party for any modification to or discontinuance of Aplustutors or the Services.
10. No Waiver
No waiver by me shall be construed as a waiver of any preceding or subsequent breach of any provision. My failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by me in writing.
11. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties with respect to their subject matter and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation.

12. Choice of Law

These Terms and Conditions shall be governed by Scottish law and you hereby irrevocably submit to the exclusive jurisdiction of the Scottish Courts.

13. Interpretation

The headings contained in these Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance and shall not affect its interpretation.

14. Commencement of Proceedings

Legal proceedings in respect of any cause of action arising out of or related to the Services must be commenced within one year after the relevant cause of action arose, otherwise such cause of action shall be permanently barred.

15. Assignment

I reserve the right to assign, subcontract or otherwise deal with all or any of my rights and obligations in these Terms and Conditions to any third party without prior notice to you.

Page Last Updated: 23rd August 2008
Site Last Updated: 9th March 2010
Copyright © 2000 - 2010 Kelly McLellan
Terms and Conditions