Information about The TutorHub

Terms of use

Terms & Conditions

‘Plain English’ summary for students

  • Tutors listed on The TutorHub are self-employed, therefore any agreement you make for tuition is between yourself and the tutor.
  • For lesson payments, you will be billed directly during booking, and you can pay by debit or credit card (securely processed by PayPal).
  • You are encouraged to read our safety recommendations before your first session with a tutor.
  • You can contact our friendly team at any time should you need advice.

‘Plain English’ summary for tutors

  • You recognise that you are self-employed, i.e. not employed by The TutorHub. Any agreement you make for tuition is between yourself and a student (or their parent).
  • You confirm that you are a minimum of 16 years of age.
  • You agree to comply with any local laws relevant to tutoring (e.g. background check compliance). We also encourage you to read our safety recommendations before tutoring.
  • You agree to use The TutorHub’s payment facility to bill your students (i.e. no cash). This is how you log the ratings and reviews needed to build and maintain your reputation on our website. You also agree to pay a 10% commission to The TutorHub from every booking made, and any transaction fees charged by our payment processor, PayPal.
  • The TutorHub aims for listed tutors to be of the highest standing, so we curate our listings accordingly. We do not want essay or ghost-writing services advertised on our website. You can contact our friendly team at any time should you need advice.

The following terms and conditions govern all use of the The TutorHub website and all content, services and products available at or through the website, including, but not limited to, listings or advertisements of self-employed tutors (“Tutors” or “Tutor”) (taken together, the “Website”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, The TutorHub’s Privacy Policy) and procedures that may be published from time to time on this Site by The TutorHub (collectively, the “Agreement”). Your agreement is with The TutorHub (a limited liability company incorporated in New Zealand) (“TutorHub”, "our" or “we”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by TutorHub, acceptance is expressly limited to these terms.

1.     General conditions.

a.     TutorHub exists as a service to aid students, their parents or other visitors to the Website (“Student” or “Students”) in making contact with Tutors. Each Tutor is self-employed. Students accept that any agreement or contract made with a Tutor for tuition services (“Tuition Arrangement”) is with the Tutor and not with TutorHub. It is the responsibility of the Student and the Tutor to come to mutual agreement as to the terms of the Tuition Arrangement before undertaking the first lesson, e.g. time, location and duration.

b.     Use of the Website is entirely at your own risk. You accept that TutorHub is not responsible or liable for any harm or damage that may occur as a result (although we of course aim to minimise any such risk). It is strongly recommended that both Students and Tutors familiarise themselves with TutorHub’s safety recommendations before commencing a Tuition Arrangement.

c.     All users and visitors to the Website agree not to promote an external business, product or service to any user or visitor of the Website without the express permission of TutorHub.

d.     All users and visitors to the Website agree to only use the site's native messaging service when they are establishing contact with another user to arrange or discuss a booking. Until a booking has been made between two users they are to provide no alternative contact details to each other i.e. email address, telephone number etc. Once a booking has been made the contracting parties may exchange alternative contact details for the express purpose of communicating in situations where the use of TutorHub's internal messaging facility is insufficient i.e. in the case of an emergency or short term cancellation.

e.     Any material or links you enter on the Website, or otherwise make (or allow any third party to make) available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your Content does not violate these terms.

f.     By submitting Content to TutorHub for inclusion on the Website, you grant TutorHub a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting Tutors, and TutorHub in general.

g.      If you delete Content, TutorHub will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

h.     When you communicate with other users via the Website or otherwise use the functions of the Website, you may submit to us various material, such as the text of any comments and messages submitted by you via the Website (“User Content”). When we receive User Content from you, we may check whether it complies with these Terms. We may reject your User Content for any of the following reasons:

      i.         If it causes you to breach these Terms including any of your promises as set out in these Terms;

      ii.        For any other reason in our reasonable discretion.

i.     Without limiting any of the representations or warranties herein, TutorHub has the right (though not the obligation) to, in TutorHub’s sole discretion:

      i.        Refuse or remove any content that, in TutorHub’s reasonable opinion, violates any TutorHub policy or                   is in any way harmful or objectionable; or

      ii.       Terminate or deny access to and use of the Website to any individual or entity for any reason, in                               TutorHub’s sole discretion. TutorHub will have no obligation to provide a refund of any amounts                             previously paid.

j.      TutorHub has not reviewed, and cannot review, all of the material posted to the Website (for example, Tutor profiles or Tutorial listings), and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, TutorHub does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate.

2.     Conditions particularly relevant to students and parents.

a.     When contacting a potential Tutor through the Website, you will be required to submit information in relation to yourself (or the student on whose behalf you are acting), for example your email address, your tuition requirements, etc. In doing so, you agree for this information to be shared with the potential Tutor and TutorHub.

b.     TutorHub provides an electronic payment facility to enable Students to easily pay, rate and review Tutors. When you contact a Tutor through the Website, you agree that, in the event that you commence a Tuition Arrangement with the Tutor, you will only pay your Tutor through our Payment Facility (payment is made when creating a booking with a Tutor). For the avoidance of doubt, this means you agree not to pay your Tutor using cash, cheque or any other form of money transfer aside from the Payment Facility.

c.     TutorHub takes a 10% commission from each invoice processed through the Payment Facility. The commission is already incorporated into every Tutor price or rate, and is not charged in addition of the advertised price or rate. TutorHub’s continued existence relies on this service fee, hence why use of the Payment Facility is important to us.

d.     Refunds are administered by the Tutor, not TutorHub. Your first point of contact regarding a refund is your Tutor. It is strongly recommended to obtain a Tutor’s cancellation policy in writing before entering into a Tuition Arrangement, as clear communication usually avoids any disputes. If you have a dispute with a Tutor, please see the Disputes section.

      i.        An example cancellation policy that a Tutor may use is as follows: if a lesson is cancelled at least 12 hours before the scheduled start time, there will be no charge. If cancelled within 12 hours, 50% of the scheduled lesson time may be charged; if cancelled within 1 hour of the start time (or a student fails to show), 100% of the scheduled lesson time may be charged. If a student is late to a lesson, charge may be made from the scheduled start time.

3.     Conditions particularly relevant to tutors.

a.     You should aim to reply to enquiries made by potential Students within 24 hours of receipt, whether or not you are available to enter into a Tuition Arrangement.

b.     You agree to only receive payment from Students through TutorHub’s payment facility in the event that you commence a Tuition Arrangement with a Student that has contacted you through the Website. For the avoidance of doubt, this means you agree not to accept payment in the form of cash, cheque or any other form of money transfer other than through the Payment Facility.

c.     The Payment Facility uses PayPal to process payments. Tutors are responsible for paying all transaction fees for each transaction, i.e. those charged by PayPal (see PayPal for current transaction fee rates). PayPal will automatically deduct their transaction fees from the payments you receive through the Payment Facility.

d.     TutorHub charges a commission of 10% from the total booking fee charged to a student i.e. it is removed by TutorHub from the subtotal of the invoice generated by their booking. TutorHub’s revenue relies on this service fee, hence why use of the Payment Facility is important to us. The commission will automatically be transferred from your PayPal account to TutorHub, and you agree for this to occur. Not receiving payment from your Student through TutorHub’s Payment Facility may lead to your suspension from the Website.

e.      You are required to be able to provide evidence of any claimed qualification(s) or background check(s) if requested by TutorHub or a Student during or prior to a Tuition Arrangement.

f.     The requirement for a background check for individuals offering tuition varies from country to country, and is sometimes compulsory; it is strongly recommended that you ascertain from your local government what your legal responsibilities are in this regard. You agree that you will comply with all such relevant legal responsibilities when using the Website.

g.     The Website aims to promote and favour Tutors that are actively receiving ratings, or reviews from Students, as well as tuition enquiries from potential Students. Ratings, and reviews can only be received from Students when payment is made through the Payment Facility. TutorHub reserves the right to close your listing where we deem you not to be receiving sufficient tuition enquiries from potential Students, or when you have not obtained sufficient ratings, or reviews through the Payment Facility over a period of several weeks. Deactivation is exercised at TutorHub’s discretion, and equates to your profile no longer being publicly viewable on the Website.

h.      If you feel that a Student review is unfairly impacting your reputation, you may contact TutorHub to ask for the review to be examined. TutorHub reserves the right to remove or edit ratings, reviews and responses as it deems fit.

i.      If we have reason to believe that you are engaged in a Tuition Arrangement that was facilitated by the Website, but are not using the Payment Facility for Student payments, we are likely to close your listing or ban your account.

j.     If your listing has been closed, you will be notified accordingly when you next login (for clarity, your account is not deleted when your listing is closed). If you disagree with the closing of your listing, please contact TutorHub, and we will endeavour to resolve the situation ASAP.

k.      Tutors set their own rate (hourly) for the services they are advertising, subject to any minimum amount allowed by TutorHub. Rates must be a whole number, and inclusive of any applicable tax that you are liable for, so that Tutor prices can easily be compared by users of the Website. If you feel that an additional fee is required, for example a travel fee, this may be discussed with the potential Student and your hourly rate modified accordingly.

l.    You are permitted to offer discounts to Students as you see fit (i.e. amend your hourly rate at the time of booking by a particular Student). You are also permitted to offer free tuition, e.g. charity work; simply do not accept a booking for these lessons. TutorHub reserves the right to specify a minimum invoice amount.

m.     Tutors are responsible for setting their own cancellation and refund policies, and for issuing refunds to Students. It is required that you provide your refund and cancellation policy on your listing so it is available to Students in writing before entering into a Tuition Arrangement, as clear communication usually avoids any disputes. If you have a dispute with a Tutor, please see the Disputes section.

      i.        An example cancellation policy that you may use is as follows: if a lesson is cancelled at least 12 hours before the scheduled start time, there will be no charge. If cancelled within 12 hours, 50% of the scheduled lesson time may be charged; if cancelled within 1 hour of the start time (or a student fails to show), 100% of the scheduled lesson time may be charged. If a student is late to a lesson, charge may be made from the scheduled start time.

n.     Tutors using the Website are self-employed, and therefore you accept all responsibility for complying with any taxation, insurance and employment-related responsibilities arising in connection with any Tuition Arrangement made with a Student. TutorHub does not monitor or track this on your behalf.

o.     TutorHub wishes to make it clear that they do not support Tutors offering pre-written essays or ghost-writing services to Students, where the end purpose is for the Student to submit work that is not their own (i.e. plagiarism). Tutors that use the Website to advertise these (or similar) services may have their listing closed.

p.     In your profile and listing, you agree not to include any personal contact information, for example an email address, phone number or link to an external website or communication method. Any initial contact made to you by a potential Student must go through the Website’s built-in contact function; after a booking has been made, you are free to communicate with the Student as and how you wish. Infringement of the above may lead to the closing of your listing or of your account.

q.      When creating your profile for the Website, you warrant the accuracy of the information posted and agree not to submit any false or misleading information. Multiple profiles, identities or listings for a single person are not allowed. You agree not to promote a business, an organisation or other websites.

r.     You acknowledge that your profile and some details entered by you on the Website, including your full name and photo, will be publicly visible and may appear in search engine results.

s.      You are responsible for maintaining the security of your account, profile and listing, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your listed profile.

t.      You acknowledge that The TutorHub requires tutors listing on the Website to be at minimum 14 years of age. By listing as a tutor you are confirming that you meet this age requirement.

u.     TutorHub reserves the right to deactivate your account if your profile or behaviour is deemed to be unsatisfactory or inappropriate.

4.     Payment Facility.

a.     TutorHub currently uses PayPal as its electronic payment provider for its Payment Facility. When you use the Payment Facility, you agree to abide by PayPal’s Acceptable Use Policy. TutorHub does not hold payment on behalf of any party that uses the Payment Facility; a Tutor invoices a Student using the Payment Facility, and the Student pays the Tutor directly through the PayPal interface (payment ends up in the Tutor’s PayPal account).

b.     Tutors can only receive ratings and reviews, when payment is made by Students through the Payment Facility.

c.     Students do not need a PayPal account to pay an invoice; a valid debit card or credit card can be used during PayPal’s checkout process.

d.     Any transaction fees charged by PayPal are payable by the Tutor, and will automatically be deducted by PayPal from the payment they receive. See PayPal’s website for more details.

e.     In the event of a Tutor processing a full or partial refund through the Payment Facility within 60 days of a payment being made, TutorHub will automatically refund the relevant service fee it collected. After this time TutorHub will not refund the relevant service fee. Any transaction fees charged by PayPal for refunds are payable by the Tutor. TutorHub will not refund the relevant service fee for refunds made outside of the Payment Facility, e.g. in cash.

f.      TutorHub reserves the right to change the structure of any service fees, transaction fees or commissions it charges at any time. Current fees or commissions will be clearly advertised on the Website prior to said fees or commissions being charged or taken.

5.     Disputes.

a.     TutorHub is not involved in the actual transaction and execution of a Tuition Agreement between Students and Tutors. Therefore, in the event that you have a dispute with a Student or Tutor that you have connected with through the Website, you release TutorHub from all claims, demands and damages (actual and consequential) in any way connected with any such dispute.

b.     TutorHub can try to arbitrate any dispute arising between a Student and a Tutor, but offers no guarantees in this regard. Please contact us if you have a dispute that you would like us to attempt to arbitrate.

6.     Copyright Policy.

a.     The copyright in all materials provided on this website is held by TutorHub, or by the original creator of the material. All rights not expressly granted are reserved. The authors’ moral rights are asserted.

b.     As TutorHub asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TutorHub violates your copyright, you are encouraged to notify us. TutorHub will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

c.     TutorHub will terminate a visitor’s or user’s access to and use of the Website if, under appropriate circumstances, the visitor or user is determined to be a repeat infringer of the copyrights or other intellectual property rights of TutorHub or others. In the case of such termination, TutorHub will have no obligation to provide a refund of any amounts previously paid to TutorHub.

7.     Intellectual Property.

a.     This Agreement does not transfer from TutorHub to you any TutorHub or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with TutorHub.

b.     TutorHub and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of TutorHub or TutorHub’s licencors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.

c.     Your use of the Website grants you no right or license to reproduce or otherwise use any TutorHub or third-party trademarks.

8.     Advertisements.

a.     TutorHub reserves the right to display advertisements, third party or otherwise, on any part of the Website.

9.     Attribution.

a.     TutorHub reserves the right to display attribution links to the Website in communications or invoices sent using the Website (for example, including a link to the Website on invoices issued through the Payment Facility).

10.   Changes.

a.     From time to time we update our services, meaning we sometimes have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect.

b.     The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using TutorHub within the designated notice period.

c.     Your continued use of TutorHub will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

11.   Termination.

a.     TutorHub may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.

b.     If you wish to terminate this Agreement or your TutorHub account (if you have one), you may simply discontinue using the Website.

c.     All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12.   Limitation of Liability.

a.     In no event will TutorHub, or its suppliers or licencors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

      i.           Any special, incidental or consequential damages;

      ii.         The cost of procurement for substitute products or services;

      iii.        For interruption of use or loss or corruption of data; or

      iv.        For any amounts that exceed the fees paid by you to TutorHub under this agreement during the                               twelve (12) month period prior to the cause of action.

b.     If you wish to terminate this Agreement or your TutorHub account (if you have one), you may simply discontinue using the Website.

c.     TutorHub shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

13.   General Representation and Warranty.

a.     You represent and warrant that:

      i.         Your use of the Website will be in strict accordance with TutorHub’s Privacy Policy, with this                                       Agreement and with all applicable laws and regulations (including without limitation any local laws                       or  regulations in your country, state, city, or other governmental area, regarding online conduct and                     acceptable content, and including all applicable laws regarding the transmission of technical data                           exported from the United States or the country in which you reside), and;

      ii.        Your use of the Website will not infringe or misappropriate the intellectual property rights of any third                    party.

14.   Indemnification.

a.     You agree to indemnify and hold harmless TutorHub, its contractors, and its licencors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

15.   Translation.

a.     These Terms of Service were originally written in English (New Zealand). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

16.   Miscellaneous.

a.     This Agreement constitutes the entire agreement between TutorHub and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of TutorHub, or by the posting by TutorHub of a revised version.

b.     Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of New Zealand, and the proper venue for any disputes arising out of or relating to any of the same will be within the jurisdiction of the New Zealand legal system.

c.     The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and legal fees.

d.     If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

e.     You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TutorHub may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.