Terms and Conditions
BY USING OUR SITE YOU ACCEPT THESE TERMS AND CONDITIONS
These Terms and Conditions were last updated in January 2021.
1.1 PLYTIME Learning is a service designed for tutors to help students learn.
1.2 PLYTIME Learning is owned by PLYTIME Limited: a limited liability company registered in England and Wales under company number 12228442. PLYTIME’s registered office is at The Greenacres, Lymm, Cheshire, United Kingdom. The Effective Date of these Terms and Conditions is 01/01/21
1.3 For the sake of these terms the “User” means a person who uses our Website (whether or not they have registered an account with us). A User may register with PLYTIME Learning as a Student (or guardian of a student) or as a Tutor. On registration, certain information will be requested and stored in order to enable the services to be provided effectively. Details provided as part of the registration process will not be shared with anyone else at any time without prior approval.
1.4 By registering on or using PLYTIME Learning, the User agrees to be bound by these terms and conditions. If a User does not wish to be bound by these legally bound terms, they should not use the Website.
1.5 The Intellectual Property associated with all services and content provided by PLYTIME Learning belongs to PLYTIME Limited and must not be used or copied by any individual or organisation at any time outside PLYTIME Learning without prior written approval. For the avoidance of doubt content includes but is not exclusively limited to questions, answers, performance information, videos, games and competition, methods and processes.
2. PLYTIME Rights & Responsibilities
PLYTIME Learning promises:
2.1 To help Tutors support learning for Students by providing a number of services including registration, availability management, Tutor-Student matching, PLYTIME Learning content, games and competitions, performance tracking, brand management, session management and access to tools to enable tutors to provide 1-to-1 tutoring via video link, subscription management and payment services.
2.2 To maintain a functioning Website, including all the above-mentioned services, wherever possible. If the website is not fully functioning or available at any point PLYTIME Learning will use best endeavours to remedy the situation as quickly as possible. PLYTIME Learning will not be liable for any loss as a result of system downtime.
2.3 To communicate any planned maintenance or downtime of the website and plans to minimise impact as required.
2.4 To use reasonable endeavours to keep the Website free from viruses and anything that may harm a connected device.
2.5 To use reasonable endeavours to check the identity and suitability of all Tutors.
2.6 To use reasonable endeavours to match appropriate Tutors with Students and over time deliver a quantity of sessions that meet Tutor expectations as set out in their Ideal hours.
2.7 To provide a payment service to Tutors, taking into account the PLYTIME Learning fee, at the end of the following week after a Tutoring session. Payments to tutors are made on the basis of the number of tutoring sessions fully attended.
2.8 To endeavour to ensure Complaints are considered promptly and in accordance with these terms and conditions.
2.9 To monitor Tutor-Student notes and Tutor sessions to prevent misuse of the PLYTIME Learning services as set out in these terms and conditions.
2.10 To protect the PLYTIME Learning brand in the interests of all tutors operating in the PLYTIME Learning Network.
3. General User terms
3.1 Users are solely responsible for the material they post in Tutor-Student notes and they must not post defamatory, offensive or illegal material or provide or request any personal information such as contact details or social media accounts or arrange to meet or speak outside of PLYTIME Learning.
3.2 Users are responsible for reporting any material that is in breach of clause 3.1 as soon as possible.
3.3. Not withstanding clauses 3.1 and 3.2 Users are responsible for their own security in conjunction with the services provided by PLYTIME Learning.
3.4 Users must contact PLYTIME Learning immediately if they believe their password and or their account has been compromised. PLYTIME Learning accepts no responsibility for actions by other parties that may occur as a result of such compromise until PLYTIME Learning have been informed.
3.5 Whilst PLYTIME Learning uses best endeavours at all times to ensure the accuracy of information and content, it cannot be guaranteed. In the event that Users do identify errors we would be grateful if Users bring them to our attention as soon as possible so that we can correct them.
3.6 Users must not use the Website with the intention of engaging directly with other Users outside of the PLYTIME Learning platform. Users must not promote opportunities or services of any company other than PLYTIME Learning on the Website without prior written approval from PLYTIME Learning.
3.7 Any User who fails, in PLYTIME Learning’s opinion, to comply with these terms and conditions may be immediately suspended from the site.
3.8 PLYTIME Learning provides the services and tools for Tutors to help Students improve but is not responsible for performance of Students or Tutors if they do not meet expectations. Students and Tutors are responsible for their own performance during their use of PLYTIME Learning.
3.9 Not withstanding clause 3.8, PLYTIME Learning’s brand management services will not allocate sessions to Tutors who fail to meet the minimum performance score expected of all registered PLYTIME Learning Tutors. If following further training and support a Tutor’s performance does not meet the minimum performance score within 3 months and shows no sign of improvement the Tutor’s account will be suspended.
3.10 Students must be at least 18 years old to register with PLYTIME Learning for themselves. Students under the age of 18 must be represented by a parent or legal guardian who gives consent for them to receive tuition from a Tutor via PLYTIME Learning. PLYTIME Learning is not responsible for any dispute between a person under the age of 18 and a parent or guardian.
3.11 Users must ensure that all of their personal details and contact information are accurate and up-to-date. PLYTIME Learning will contact Users by email or phone in the first instance depending upon the urgency of the contact.
3.12 From time to time PLYTIME Learning will operate a referral scheme such that the referee will receive a reward for recommending PLYTIME Learning to a new subscriber. Details of referral rewards will be visible within the Tutor Training and Student Tips and the rewards will be payable once the referred student has completed that package. If the student cancels their subscription early, no referral reward will be paid. Referral fees are subject to change.
3.13 Users are responsible for ensuring that they have the correct equipment available to access the platform and Focus 15 session as and when required. No refunds will be made in the event that Students are unable to access the platform unless it arises as a result of PLYTIME Learning failing to provide the services outlined in clause 2.
3.14 Any ideas, suggestions, survey responses, testimonials, or communication that you submit to us or information you submit or post to Tutor-Student notes rooms will be deemed not to be confidential and may be used by us for any purpose. PLYTIME Learning is not responsible for maintaining any such submitted material and we may delete or destroy it at any time.
3.15 Users agree that we may record and analyse all or any part of any Focus 15 or Spotlight sessions or Tutor-Player Notes for quality control and safeguarding purposes. PLYTIME Learning owns all transcripts and recordings, and has the right to act upon them in accordance with these Terms and Conditions.
4. Tutor specific terms
4.1 A User registered with PLYTIME Learning as a Tutor is self-employed and has the freedom to choose when, where and for how long they work.
4.2 Tutors are not employees of PLYTIME Learning and are solely responsible for their own actions both on and off the site. For the avoidance of doubt, PLYTIME Learning is providing a service to tutors in exchange for a fee.
4.3 PLYTIME Learning Fees are payable by the Tutor from their earned revenue in exchange for the provision of the services some of which are listed in clause 2 of these terms and conditions. The Fees, which will include applicable VAT or other sales tax plus any exchange costs where applicable, are subject to change but will result in payments to tutors as specified in the Training material.
4.4 Tutors must be at least 18 years old.
4.5 Tutors must be legally entitled to work on a self-employed basis in the country where they are using PLYTIME Learning.
4.6 Tutors must disclose any criminal convictions or cautions they may have to PLYTIME Learning, including any criminal convictions or cautions received at any time after having registered a tutor account on the Website and for as long as the Tutor remains registered.
4.7 Tutors agree that their Performance will be monitored and ranked by PLYTIME Learning in accordance with the services provided and that availability of student sessions will at times be linked to their performance score.
4.8 Tutors agree that as part of the brand management services that are in place to maintain standards and to protect the reputation of all PLYTIME Tutors failure to achieve the minimum expected performance score may result in their account being suspended.
4.9 Tutor performance will in part relate to the feedback provided by Students in relation to services provided by the Tutor. Tutors will have full visibility of all feedback and have the right to complain if they feel the comments or scores are not a fair reflection of the service provided.
4.10 By accepting a request to tutor a student Tutors are making a commitment to help that student to be their best through PLYTIME Learning and are agreeing to abide by the policies and processes laid out in these Terms and Conditions and Tutor Training.
4.11 Tutors are responsible for ensuring that they turn up on time and are fully prepared for all Tutor sessions and are able to provide the necessary guidance and support to the students. Tutors will not be paid for incomplete sessions or sessions where they have not turned up on time or forced a cancellation.
4.12 Tutors are responsible for maintaining the accuracy of their availability calendar and will use all reasonable endeavours to provide any updates with the minimum notice periods as set out in the Tutor Training. Tutors accept the fact that their performance scores will be impacted by any failure to honour those minimum notice periods.
4.13. If a Tutor’s circumstances change and they no longer wish to tutor on a particular day or time but they are committed to a student at that day and time the Tutor can use Tutor-Student notes to find an alternative mutually agreeable day and time. The Tutor will be responsible for ensuring agreement is reached with the student and the new day and time is updated on the platform. If no alternative can be found the Tutor can permanently delete the session from their calendar and PLYTIME Learning will use best endeavours to find a replacement. Whilst it is accepted that Tutor circumstances can and will change in the interests of the brand reputation PLYTIME Learning reserves the right to suspend Tutor accounts in the event that tutors pull out of sessions too often.
4.14. Tutors accept that should a student cancel a Focus 15 session, with the appropriate notice provided, PLYTIME Learning will not be liable to the Tutor for any lost earnings resulting from that cancellation.
4.15 Tutors shall indemnify PLYTIME Learning for all claims and liabilities arising out of any use or misuse by the Tutor of the Website, including any costs and expenses incurred.
4.16 All Tutors must comply with all appropriate sections of the Tutors’ Association Child Protection Policy, whether or not they are a member of the Tutors’ Association, and all relevant legislation and government guidance. The Policy can be found at this link
4.17 All Tutors warrant that should they use any materials not provided by PLYTIME Learning in connection with providing tutoring services to Students as part of PLYTIME Learning represent they are entitled to do so and are not in breach of any copyright law that may exist.
5. Focus 15 Sessions
5.1 Students will only be able to access PLYTIME Learning content once they have attended an online Focus 15 session with their dedicated tutor.
5.2 PLYTIME Learning will use best endeavours to match appropriate tutors with students for Focus 15 sessions. Should a student wish to change their dedicated tutor for whatever reason they can do so via their Account.
5.3 As soon as a student has chosen the day and time of their Focus 15 session and it has been accepted by their dedicated tutor, the individual sessions will appear in the student’s session list and the Tutor’s calendar until the end of the subscription. Students and Tutors are responsible for ensuring those details appear as expected and informing PLYTIME Learning of any issues if not.
5.4 In the event that a tutor gives notice of absence, either temporary or permanent, PLYTIME Learning reserves the right to substitute another tutor into a session.
5.5 If a tutor fails to turn up for a session the student will be provided with a matching additional Focus 15 will be added to the end of their subscription.
5.6 In the event that a Student is unable to attend a tutor session they must update their session calendar accordingly with at least 12 hours-notice to prevent the session from being lost. If sufficient notice is provided a matching additional Focus 15 will be added to the end of their subscription.
5.7. Students are only allowed 3 planned absences per rolling 3-month period in order for additional Focus 15 sessions to be added to the end of their subscription.
5.8. If Students or Tutors wish to change the day and/or time of their Focus 15 session they can communicate via Tutor-Student notes to agree a mutually acceptable time. Tutors will be responsible for updating the PLYTIME Learning platform with the new agreed day and/or time. Payment schedules may be changed based on the new dates
5.9 If for whatever reason a Student wishes to change their Tutor they can do so in their Account and they will be re-allocated another Tutor as if they were taking out a new subscription.
5.10 From time to time a dedicated Tutor may recommend Spotlight sessions if they believe the Student would benefit from further additional support in a particular area. The Student will be responsible for acting on that recommendation or not. Spotlight sessions will not be with the Student’s dedicated Tutor.
6. Student Subscriptions & Payments
6.1 By subscribing to PLYTIME Learning the Student and/or their legal guardian or representative authorises PLYTIME Learning to take weekly payments by direct debit for the duration of the subscription. Payments will be collected PayPal on behalf of PLYTIME Learning every week, one week in advance of the planned Focus 15 tutor sessions.
6.2 Students are responsible for providing PLYTIME Learning with the correct financial details and maintaining the accuracy of those details and having sufficient funds in place to take such payments. If payment cannot be taken the Student’s account will be suspended until payment is made with no access to PLYTIME Learning content.
6.3 By subscribing to PLYTIME Learning the Student acknowledges that subscriptions will be auto-renewed on the same basis and their existing subscription and that they are responsible for modifying, cancelling or adding to their subscription at any time as they wish.
6.4 The amounts to be paid will be clearly visible when taking out the subscription and will be fixed for the duration of the subscription. PLYTIME Limited will change the advertised rates from time to time but this will only effect new subscriptions and renewals.
6.5 If a Student cancels their subscription before their first tutor session they will be issued with a refund.
6.6 In the case of cancellation, the Student will lose all right to any free sessions at the end of the subscription period.
6.7 When a Student adds a new subscription or renews an existing subscription they can request the same tutors and dates & times as they currently have and whilst PLYTIME Learning will use best endeavours to meet that request Students acknowledge that this is not always possible and they may be allocated a different dedicated tutor. Alternatively the Student can request a different day and/or time and a different Tutor.
6.8 When a Student chooses a subscription option they are entering into a direct contract with the Tutor for the provision of sessions via video link and PLYTIME Learning accepts no liability in relation to the Tutor’s provision of those services at those sessions.
6.9 Spotlight Sessions requested by Students are not subscription based and are paid for on a need basis however as with subscriptions, payment will be taken 1 week in advance of each session. Students can cancel ADD sessions at any point and will be entitled to a refund for any sessions not run, less admin and processing fees.
7.1 PLYTIME Learning will from time to time host advertising for approved brands as part of their “Advertising For Good” initiative (AFG).
7.2 PLYTIME Learning is committed to using the net proceeds of AFG to achieve its mission of reducing the cost of 1-to-1 tutoring and we hope users will support us in that pursuit.
7.3 Tutors agree that PLYTIME Learning will provide Advertising for Good services on their behalf in order to reduce the cost of student subscriptions.
7.4 All advertising will be in keeping with PLYTIME Learning policies and ethics and will follow legal guidelines with regards to advertising to children. All advertisers are bound by our advertising terms and conditions which require that adverts will not under any circumstances be offensive or misleading.
7.5 PLYTIME Learning will also use the platform and email and phone media to advertise to users as appropriate. We hope that Users understand the benefits of AFG to our student community but if they do not want to receive further correspondence from PLYTIME Learning they can enter their account at any time and request for adverts to stop.
7.6 For the avoidance of doubt as the intention of AFG is to benefit students we reserve the right to continue to advertise to students through various media such as but not limited to emails and text when their subscription has lapsed or they no longer provide Tutoring services via the platform.
8.1 Complaints made by Users should be communicated in writing by email. PLYTIME Learning will use best endeavours to resolve the complaint as soon as possible to the satisfaction of all concerned, in accordance with these terms and conditions.
8.2 Where Complaints relate to the quality of a service provided by PLYTIME Learning or a Tutor, the complaint should be made as soon as possible but within 72 hours of the provision or scheduled provision of the service in question.
8.3 Should PLYTIME Learning inform a Tutor of a Student’s complaint about the Tutor’s service, the Tutor will respond in writing by email within 48 hours to agree or dispute the claim. Based on the individual circumstances of each complaint PLYTIME Learning will determine the appropriate resolution and communicate it to the concerned parties.
8.4 Should a complaint come from a Tutor in relation to feedback provided by a Student, PLYTIME Learning will investigate the complaint and reply to the Tutor in writing by email within 48 hours. If in PLYTIME Learning’s opinion the complaint should be upheld the feedback and associated score will be removed.
9.1 PLYTIME Learning seeks to provide the best service possible and provide a safe experience in which all Students of any age can learn and all Tutors can support learning.
9.2 PLYTIME Learning will not share any Student or Tutor details at any time other than first names and avatar names.
9.3 When games are played with other students all players will be visible only as their chosen avatar and avatar name and will not be able to communicate with each other through the platform.
9.4 Users are solely responsible for the material they post in Tutor-Student notes, and they must not post defamatory, offensive or illegal material or provide or request any personal information such as contact details or social media accounts or arrange to meet or speak outside of PLYTIME Learning.
9.5 If Students or their legal guardians or representatives or Tutors believe the safeguarding of anyone using PLYTIME Learning services is at risk they should report their concerns as soon as possible to PLYTIME Learning.
9.6 All advertising visible on PLYTIME Learning will be appropriate to our Users and will not under any circumstances be offensive or misleading.
10. Disclaimers and Limitation of Liability
10.1 PLYTIME Learning shall not be liable for any loss or damage caused by it or its employees in circumstances where there is no breach of a legal duty of care owed by PLYTIME Learning or by any of its employees or where such loss or damage is caused by the User, for example by not complying with these terms.
10.2 In the event that a User believes PLYTIME Learning has not delivered its responsibilities as expected all Users must give PLYTIME Learning a reasonable opportunity to remedy any matter before incurring any costs remedying the matter themselves.
10.3 In the event that loss or damage has been caused by the User PLYTIME Learning will use all reasonable efforts to mitigate any losses, to the extent permitted by law and the User will be liable for any reasonably foreseeable loss or damage PLYTIME Learning suffers arising from the User’s breach of these terms and conditions or misuse of the Website.
10.4 Users responding to an Advertisement on PLYTIME Learning do so at their own risk and take full responsibility for their actions. Whilst PLYTIME Learning will use all reasonable endeavours to ensure the appropriateness of all AFG, if you click on a link from PLYTIME Learning either within the site or on an email or text to a third party website you acknowledge and agree that we have no responsibility for the content, products, services or other materials which may be provided by the third party.
11. Changes to these terms and conditions
11.1 PLYTME Learning may change these terms and conditions by posting the revised version on the Website at least 14 days before they become effective. Users will be bound by the revised terms and conditions if they continue to use PLYTIME Learning following the effective date shown.
12. Governing Law & Jurisdiction
12.1 These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of England.
13.2 If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.