Sophos Education’s Terms of Service
Last Update: 24th October 2024
Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site. These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this website, https://live.sophoseducation.ai/ ("Our Site”). You may wish to print a copy of these Terms and Conditions for your future reference.
1. Definitions
1.1 User: A person registered on the Platform who may either book educational services (Video Lessons) as a Student or use other features of the Platform.
1.2 Student: A User who books educational services (e.g., Video Lessons) from a Tutor.
1.3 Tutor: A person registered on the Platform who provides Video Lessons or other educational services to Users. Tutors may also communicate with Users via the Platform’s messaging feature.
1.4 Platform (Sophos Live): The online Tutoring and e-learning platform operated by Sophos Education, which facilitates the connection between Tutors and Users.
1.5 Account: The secure account created by the User, holding personal information.
1.6 Tutor Fees: The amounts payable by the Student or their guardian to the Tutor for services provided.
1.7 Platform Fees: The fee charged to Students for using the platform.
1.8 Tutoring Services: The real-time Tutoring sessions provided via the Platform, including any recordings.
1.9 Video Lesson: A video session conducted by a Tutor for a Student.
2. Contact Information
2.1 If you have any questions, concerns, or need support regarding the Platform, you can contact Sophos Education via email at: team@sophoseducation.com. We aim to respond to inquiries within a reasonable timeframe.
3. Acceptance of Terms and Conditions
3.1 Please read these Terms and Conditions carefully and ensure that you understand them before using the Sophos Education website, https://live.sophoseducation.ai/ ("Our Site”). These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of Our Site.
3.2 Your agreement to comply with and be bound by these Terms and Conditions is indicated by your use of Our Site. If you do not agree to these Terms and Conditions, you must stop using Our Site immediately.
4. Changes to Terms and Conditions
4.1 Sophos Education reserves the right to modify or update these Terms and Conditions at any time. Any changes made will apply to your use of Our Site from the first time you access the Platform after the changes have been implemented.
4.2 You are advised to review this page regularly to stay informed about any updates to the Terms and Conditions. By continuing to use Our Site after any changes have been made, you are accepting and agreeing to the updated Terms and Conditions.
5. Scope
5.1 Sophos Education Ltd (company number 14321333, "Sophos Education”, "our”, "we”, "the Company”) is a company registered in England and Wales that provides an online platform for Tutoring services (hereinafter the "Platform”) under the domain https://live.sophoseducation.ai/.
5.2 These T&Cs shall apply to all persons registered on the Platform as Users (hereinafter referred to as "User” and "Student”) and to all persons registered on the platform as "Tutor”. They regulate the rights and obligations of Users and Tutors when visiting the Platform and when using the functions and services offered on it.
5.3 These T&Cs shall apply exclusively to the use of the Platform as a User and Tutor. Any deviating, contradictory, or supplementary T&Cs shall not form part of the business relationship between the User and Sophos Education, even if they have not been expressly contradicted.
5.4 The provisions of these T&Cs may be amended by Sophos Education at any time, provided they do not relate to the main services and do not unreasonably disadvantage the User or Tutor, for the following reasons:
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For legal or regulatory reasons specifically relating to the Platform or the Tutor contract;
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For (cyber) security reasons;
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In order to further develop or optimise existing functions of the Platform as well as to add additional functions;
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In order to implement new technical developments and make technical adjustments;
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To ensure the future functionality of all services.
5.5 Sophos Education will notify the User and Tutor by email if significant changes are made and will inform the User and Tutor about their rights as well as the consequences of their actions. Together with the information about the planned change, the User shall be given a reasonable period of at least 30 days to object to the change of the T&Cs. If the User or Tutor objects to the changes within the mentioned time period, the current Contract shall continue under the existing T&Cs.
6. Subject of the Contract, Service Description
6.1 Tutors can arrange online video lessons (hereinafter referred to as "Video Lessons”) via the Platform.
6.2 All persons who wish to offer Video Lessons via the Platform can register as Tutors. These persons do not have to be school teachers. If services offered by Tutors via the Platform are subject to charges, this will be expressly and clearly indicated.
6.3 If a User and Tutor agree upon Video Lessons, the contract for this shall be concluded directly between the User and the Tutor (hereinafter "Tutor Contract”).
6.4 Sophos Education operates the Platform and arranges Tutor Contracts on behalf of Tutors for Users of the Platform. In addition, Sophos Education offers certain services in connection with the onboarding of Users and provides support in the processing of Tutor Contracts. Sophos Education is authorised to accept payments in the name and on account of Tutors. However, Sophos Education itself does not become a party to the Tutor Contracts concluded between Users and Tutors.
6.5 Sophos Education may also provide other services via the Platform (e.g., a free trial lesson to test Video Lessons, group lessons, 1-1 tuition, or express tuition). However, Sophos Education is not obliged to make such offers available.
6.6 In order to fully use the platform, it may be necessary for the User to download and install third-party software (freeware).
7. Registration and Consent of Legal Representative
7.1 Use of the Platform requires registration. Use of the Platform as a User or Tutor is reserved for registered persons. Registration is free of charge.
7.2 During registration, the User and Tutor must provide all information completely and truthfully and update it immediately in the event of any changes.
7.3 There is no right to registration on the Platform. Sophos Education reserves the right to refuse to register a person as a User without stating the reasons or to exclude already registered Users from using the Platform without giving reasons. Any credit purchased and not yet consumed at the time of exclusion will be refunded by Sophos Education to the excluded User. To make this payment, Sophos Education shall use the same means of payment that the User originally used to purchase the credit.
7.4 In order to use chargeable services (Video Lessons) via the Platform, Users must be at least 13 years old and Tutors at least 18 years old. If a User has not yet reached the respective minimum age, the prior consent of the person’s legal representative is required. Sophos Education requires that any Student under the age of 18 must have a parent or legal guardian register on their behalf. The parent or guardian will be responsible for overseeing the Student’s use of the Platform. This includes managing account access, making payments for services, handling refund requests, purchasing credits, and receiving all email communications from Sophos Education related to the Student's account.
7.5 Sophos Education will provide the User and Tutor with access to the Platform by transmitting access data to the mobile phone number and/or email address provided by the User and Tutor and create a personal User account. In this regard, the User and Tutor are obliged to provide Sophos Education with an email address to which documents can be sent. If this email address changes, the User and Tutor must notify Sophos Education immediately by providing the new email address.
8. Tutor Contract for Video Lessons, Purchase of Credits
8.1 Users can purchase credits for Video Lessons via the Platform. The processing of the credit payment to the Tutor is administered by Sophos Education. Credits for Video Lessons can be purchased in the form of session packages available on our website.
8.2 If the User chooses to pay for lessons in monthly instalments, they will receive the agreed number of lesson credits each month on the same day as your contract started (for example, if they signed up on the 20th of the month, credits will be added on the 20th of every following month). Payments will be automatically debited from the User’s account on this date.
Users can use lesson credits any time, and if they don’t use them all, they will carry over to the next month. If your Tutor is unavailable due to illness, cancels a session, or if the User cannot use their credits for reasons outside their control (except for technical issues), the lessons won’t be deducted from the User’s account. If any lessons have already been deducted, they will be re-credited to the User’s account.
8.3 The conclusion of any Tutor Contract takes place individually via email or by comparable electronic means of contact.
8.4 Sophos Education exclusively uses Stripe as its payment service provider. All payments for Video Lessons, including 1-1 sessions, Express Tutor, or Group Classes, are securely processed through Stripe. When you make a payment, the funds are transferred to Sophos Education's merchant account via Stripe, and you will receive credits for your lessons. These credits can be used for booking any available tutoring services on the platform.
Stripe ensures secure and reliable payment processing, and Sophos Education does not store any payment information on its platform. For more details on how your payment information is handled, please refer to Stripe’s Privacy Policy.
9. Payment Terms
9.1 Tutor Fees are agreed upon and set at the time of the booking and are made up of the platform fee and the fee payable to the Tutor.
9.2 Tutors authorise Sophos Education to collect payments on their behalf and remit these to the Tutor after each completed session.
9.3 Payments will be automatically processed on a weekly basis. Tutors will receive payments for completed tutoring sessions each week.
In the event that a session is disputed, payment for that session may be withheld until the issue is resolved. Any resolved payments will be processed in the next available payout.
10. Purchasing Credits and Tutor Contract
10.1 Booking Confirmation: A booking is not accepted until the platform sends confirmation via email.
10.2 Payments: Payments for Video Lessons must be made in advance and through the platform's credit system. Payment is only complete when funds are confirmed, and bookings are not valid until paid.
10.3 Tutor Contract: Each Video Lesson booking forms a separate contract between the Student and the Tutor, with Sophos Education only facilitating the service.
11. Cancellation Policy and Refunds
11.1 Cancellation Policy: The Student may request to reschedule a video lesson by providing at least 24 hours' notice before the scheduled session. If this requirement is met, the credit for the lesson will remain in the Student’s account and can be used to schedule the rescheduled session. This policy applies to 1-1 Tutoring and Group Sessions.
For Sophos Express bookings, the following policies apply:
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Tutor Accountability: Once a Tutor accepts a session through Sophos Express, they are fully committed to attending the lesson. If a Tutor fails to attend within 10 minutes of the scheduled start time without a valid reason, it will be considered a "no-show." Repeated no-shows may result in reduced visibility for future matches, suspension from the platform, or further penalties. Tutors are expected to uphold their availability and attend the session once matched with a Student.
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Student Accountability: Students are encouraged to ensure they are available at the time of booking a Sophos Express session. If a Student fails to attend the lesson after booking, the credit for the session will be deducted from their account, and no refund will be issued due to the on-demand nature of the service.
For standard 1-1 Tutoring and Group Sessions:
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If a cancellation or rescheduling request is made within 24 hours of the scheduled session, or if the Student fails to attend the lesson without prior notice, the credit required for the lesson will be deducted from the Student’s account and transferred to the Tutor. No refunds or credit adjustments will be provided in these cases.
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In instances where the Tutor is late or fails to attend the lesson, the Student may be entitled to a credit refund, subject to Sophos Education’s review of the situation.
11.2 No-Show Policy: Students who fail to attend a lesson without notifying the Tutor in advance will not be entitled to a refund or credit.
11.3 Rescheduling: If a rescheduled lesson cannot be arranged, a refund in credits will be issued.
11.4 Any lesson disruptions caused by a Tutor’s poor internet connection may result in refunds or rescheduling at the discretion of Sophos Education.
12. Video Lessons and Automatic Extension
12.1 For payments within a period of four months from the conclusion of the Tutor Contract or the purchase of a Video Lesson package, the agreed prices shall in any case be fixed prices. For the payments to be made thereafter, the agreed prices shall be indexed according to the Consumer Price Index (CPI) published by the Office for National Statistics. Should the CPI no longer be published, the officially determined replacement index shall be deemed agreed.
12.2 In the event of changes to the CPI, Sophos Education shall be entitled to adjust the prices in the event of an increase and shall be obliged to adjust the prices in the event of a decrease in the same ratio in which the benchmark index value has changed compared to the initial index value. The prices adjusted in such a manner shall be rounded to full cent amounts.
12.3 The respective initial index value shall be calculated as follows:
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a) The first initial index value shall be the arithmetic average of the monthly values of the last calendar half-year completed prior to the conclusion of the contract ("half-year CPI”, published with the addition of the average) (e.g., the half-year CPI of the months July to December of the calendar year 2021 upon conclusion of the contract in April 2022).
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b) After a price change, the respective new initial index value shall always be that half-year CPI which was used for the price change. The respective benchmark index value is the half-year CPI of the calendar half-year completed prior to the effective date of the changed prices (e.g., the half-year CPI of the months January to June 2022 in the case of a price change as of September 1, 2023).
12.4 Sophos Education will inform the User by email about price changes according to this provision, including the circumstances on which they are based.
12.5 Payment of the credit for Video Lessons is made fully at the time of purchasing credits. Users have the option to auto-renew on a four-week basis.
12.6 In addition to the individual Video Lessons, Tutors can also offer free live group courses as well as paid live group courses via the Platform. These are included in the credit system packages as payment.
13. Rights and Obligations of Users (Students)
13.1 The User has the possibility to create a rescheduling request, which requires 24 hours' notice before a video lesson already agreed upon with a Tutor. Provided that this is followed, the User will be automatically refunded the credit to the account. This is applicable for Tutor Express, 1-1 Tutoring, and Group Sessions.
13.2 In the event of cancellation or rescheduling not in accordance with the above regulations, as well as in the event of a User’s failure to attend, the necessary credit to schedule the Video lesson will be deducted from the User’s credit balance in the name and for the account of the Tutor.
13.3 In the case where a Tutor cancels a session, the credit will automatically be refunded to the Student’s account.
13.4 In the case of a technical difficulty, the User may report an issue to send a refund request. The Tutor and then admin will take the necessary steps to review the request on a case-by-case basis and decide whether a full, partial, or no refund is required at their discretion.
13.5 Where a Student is dissatisfied with the quality of a video lesson, the Student may report an issue to trigger a refund request. The admin will take the necessary steps to review the request on a case-by-case basis and decide whether a full, partial, or no refund is required at their discretion. A Student must report an issue within 48 hours of the lesson taking place for it to be reviewed.
13.6 The User undertakes to keep secret the access data provided by Sophos Education. The User is responsible for all activities that emanate from their User account.
13.7 The User undertakes to notify Sophos Education immediately if there is any suspicion of unauthorised use of their User account. If there is suspicion of unauthorised use of a User account or if a User violates applicable legal regulations or these T&Cs, Sophos Education reserves the right to block the User account.
13.8 Students are responsible for ensuring that the Tutor’s qualifications meet their expectations before booking. While Tutors may list certifications (such as DBS checks), it is up to the Student to verify these qualifications. Furthermore, Users are advised to independently assess whether a Tutor meets their needs, especially in cases involving minors or other vulnerable individuals.
14. Rights, Obligations, and Conduct of Tutors
14.1 Clarification of Self-Employed Status: Tutors using the platform are independent contractors and are not employees or agents of Sophos Education. Sophos Education does not supervise or manage Tutors, nor does it control the scheduling, teaching methods, or delivery of Video Lessons by Tutors.
14.2 Tax Responsibilities: Tutors are solely responsible for complying with all applicable tax laws, including but not limited to, registering as self-employed, reporting income earned through the Platform, and paying taxes in their country of residence.
14.3 Visa and Right to Work: Tutors must ensure that they have the legal right to work in their country of residence, and Sophos Education does not assume responsibility for verifying this.
14.4 Tutor Behaviour: Tutors are responsible for conducting themselves in a professional manner and providing Tutoring services that meet the highest standards.
14.5 Tutor Qualifications and Documentation: Tutors are required to provide evidence of their qualifications before being allowed to offer services on the Platform. These qualifications will be reviewed by Sophos Education to ensure they meet the necessary standards for the subjects they wish to teach.
14.6 Cancellation Policy: Tutors must provide notice to the Student if they need to cancel or reschedule a lesson. Failure to do so may result in suspension from the platform.
14.7 Vetting and Suitability Checks: Sophos Education conducts basic checks to ensure that Tutors are qualified and legitimate. This may include reviewing qualifications and verifying identification documents and interviews.
14.8 Disclosure and Barring Service (DBS) Checks: While Sophos Education does not require Tutors to undergo DBS checks, Users can ask Tutors whether they have a DBS check by using the messaging function.
14.9 Tutors are responsible for ensuring they have a stable internet connection, suitable equipment, and adequate technology (such as a webcam and microphone) to conduct lessons effectively. Tutors must ensure that their Wi-Fi connection is strong enough to facilitate a smooth and uninterrupted lesson.
14.10 Tutors are solely responsible for attending lessons on time. Failure to attend or tardiness will result in refunds or rescheduling in accordance with the T&Cs.
14.11 Tutors must refrain from using inappropriate language, sharing personal information, or engaging in any conversations that could be deemed unprofessional, inappropriate, or outside the scope of the Tutor-Student relationship. Sophos Education defines personal information as the following:
A) Home address
B) Phone number
C) Email address
D) Date of birth
E) Personal social media profiles or handles
F) Financial details (bank account numbers, payment details, etc.)
G) Identification numbers (e.g., passport or driving license details)
H) Medical or health-related information
I) Any personal information about family members or relatives
14.12 Tutors who are deemed to have breached the T&Cs will be reviewed by Sophos Education and may get their accounts deactivated.
15. Use of Platform
15.1 Availability of the Platform: Sophos Education shall make the Platform available for use 24 hours a day, 7 days a week. However, there is no procedure that can guarantee that software is error-free based on the current state of technology. Therefore, Sophos Education does not guarantee that the software on which the Platform is based is completely free of errors and that there will be no platform downtime. Furthermore, the Platform may be temporarily unavailable due to maintenance work. Sophos Education will announce scheduled maintenance work on the Platform in a timely manner, but is not obliged to update the Platform.
15.2 Copyright and Intellectual Property: The Platform and the underlying software are copyrighted and may not be used or modified beyond the agreed rights of use without prior written consent from Sophos Education. Additionally, the design of the Platform and in particular the content placed on the Platform (e.g. databases, photos, images, logos, videos, texts, graphics, etc.) are copyrighted or subject to other laws for the protection of intellectual property. Sophos Education is entitled to these unless otherwise indicated.
15.3 Interactive Features: Sophos Education may make the Platform interactive. After each lesson, Students can rate and provide feedback on the Tutor’s performance. This feedback will be visible to other Students and may be used to resolve disputes. Sophos Education does not check whether the reviews are potentially unfounded or misleading. Users undertake to provide only truthful information in the reviews and to observe the legal regulations as well as these T&Cs. Users may only reproduce personal data with the express permission of the person concerned.
15.4 Content Removal: Sophos Education reserves the right to delete reviews or other content in whole or in part, especially if they contain unlawful content.
15.5 Prohibited Content: The User and Tutor expressly acknowledge and agree that the distribution of the following content via the Platform is prohibited:
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a) Racist, pornographic, obscene, insulting, vulgar, violent, belittling, or immoral content.
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b) Insulting, hurtful comments or threats against other Users, Tutors, or third parties.
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c) Content that impairs or endangers children or young people in their development or upbringing or that violates human dignity or other legally protected interests.
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d) Content that could lead others to criminal or other immoral acts.
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e) Copied content to which the Tutor has no rights or which was provided by other registered persons.
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f) Content that poses a security risk, such as viruses.
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g) Sending unsolicited advertising emails, junk emails, other unsolicited messages, or links to third-party pages for distribution purposes.
15.6 License to Content: The User grants Sophos Education a free, non-exclusive, perpetual, and unrestricted right to use, edit, copy, and distribute reviews, photos, graphics, texts, audio messages, and videos posted on the Platform for provision on the Platform and for advertising the Platform. The intellectual property rights for lesson content remain with the creator, whether that be the User or the Tutor, unless otherwise agreed.
15.7 Data Analysis Tools: The use of tools for data analysis of the Platform content is not permitted.
15.8 Service Changes: Sophos Education is entitled at any time to restrict or completely discontinue the services offered via the Platform without stating the reasons. Significant changes or restrictions to the services offered will be announced on the Platform in good time.
15.9 Changes to T&Cs: A restriction or discontinuation of the services offered by Sophos Education does not change these T&Cs. Sophos Education can only change the T&Cs in accordance with the procedure stipulated in Section 1.4.
16. Intellectual Property Rights and Content Usage
16.1 Ownership of Content: All content included on Our Site, including text, graphics, logos, images, video, audio, software, and any other material, is owned by or licensed to Sophos Education unless otherwise indicated. This content is protected by applicable United Kingdom and international intellectual property laws.
16.2 Permitted Use: Users may view, access, and use Our Site through a web browser or app and may download content for caching purposes, provided that such actions are for personal use only. Users may print one copy of any page(s) from Our Site for personal use only. Modifications to any printed or downloaded materials are prohibited.
16.3 Prohibited Use: Content, including images, video, or audio, must not be used separately from any accompanying text and must always be attributed to Sophos Education or identified licensors where applicable. The use of any content from Our Site for commercial purposes is strictly prohibited unless explicit written permission is obtained from Us or our licensors.
16.4 User-Generated Content (UGC): Any content (e.g., files, materials) uploaded by the Student to the Platform for lessons must not infringe on any third-party intellectual property rights. By uploading content, the Student grants Sophos Education a non-exclusive, royalty-free license to use, distribute, or display the content solely for the purposes of delivering Tutoring services.
16.5 Tutor Materials: The intellectual property rights for any materials provided by the Tutors remain with the Tutor or Sophos Education, and Students may not modify, share, or distribute these materials without permission.
17. Links to Our Site
17.1 Permitted Links: You may link to the homepage of Our Site (https://live.sophoseducation.ai/), provided the link is fair and lawful and does not damage Our reputation or take unfair advantage of it. You must not establish a link that suggests any form of association, endorsement, or approval where none exists.
17.2 Internal Page Linking: Linking directly to internal pages of Our Site requires prior written permission from Sophos Education.
17.3 Logo and Trademark Use: You may not use any logo, trademark, or other proprietary graphic from Our Site without Our express written permission.
17.4 Third-Party Sites: Our Site may contain links to third-party websites. These links are provided for information purposes only, and Sophos Education has no control over the content or availability of these websites. The inclusion of a link to a third-party site does not imply any endorsement by Sophos Education of the site, its content, or its operators. We accept no liability for any loss or damage that may arise from the use of third-party sites.
18. Suspension or Discontinuation of Platform Services
18.1 Sophos Education may suspend or discontinue the Platform (or any part of it) at any time, for any reason. While We will make reasonable efforts to provide advance notice of such suspension or discontinuation, We do not guarantee that the Platform will always be available or that access to it will be uninterrupted.
18.2 In the event that the Platform (or any part of it) is suspended or discontinued, Sophos Education will not be held liable for any inconvenience or loss caused. However, where possible, We will notify Users of such events in advance through appropriate communication channels.
Consequences of Breaching Platform T&Cs
18.3 If you breach these Terms and Conditions, We may take one or more of the following actions:
a) Suspend or terminate Your right to use Our Site or the services provided on it.
b) Issue a formal written warning.
c) Initiate legal proceedings against You for reimbursement of any costs incurred as a result of Your breach.
d) Take further legal action, if necessary.
e) Report your actions to law enforcement authorities if appropriate.
We exclude any and all liability arising from actions taken in response to breaches of these Terms and Conditions.
Suspension and Termination of Use
18.4 Students and Tutors may terminate their account at any time by providing written notice to Sophos Education.
18.5 Sophos Education reserves the right to suspend or terminate a Student’s access to the platform if they breach any terms of use or engage in inappropriate behaviour. Students will be notified of any suspension or termination in writing.
19. Updates and Alterations to the Platform
19.1 Alterations: Sophos Education reserves the right to alter, update, or modify the Platform (or any part of it) at any time. These updates may include adding, removing, or modifying features, services, or content on the Platform.
19.2 Notice of Changes: We will strive to provide advance notice where possible if significant changes are made that may affect Users, but We are not obligated to provide notice for every update or modification.
19.3 Acknowledgment of Changes: Users acknowledge that the availability and functionality of the Platform may change over time, and We are not liable for any disruptions or inconveniences caused by such alterations.
20. Warranty, Withdrawal from Tutor Contract
20.1 Tutor Contract Compliance: The Tutor Contract is governed by the statutory warranty provisions.
20.2 Complaint Handling: If a Tutor has not or only partially fulfilled a Video Lesson or has fulfilled it badly (e.g., non-appearance or late arrival of Tutor, lack of professional competence, inappropriate treatment of User), the User can submit a request. Sophos Education can check the quality of a Video Lesson in such cases and try to mediate between the User and Tutor. The User and Tutor agree that Sophos Education will have the final say on the existence and amount of any claim for a credit refund. If Sophos Education considers the User’s complaint to be justified, either a full or partial refund of the credit for a unit of Video Lessons shall be credited to the User’s credit account, and any credit already transferred to the Tutor’s account for the unit shall be deducted from the Tutor’s balance.
20.3 Dispute Notification: If a Student has a complaint or dispute regarding the Tutor’s service, they must notify Sophos Education within 48 hours of the lesson. Sophos Education will mediate the dispute and may, at its discretion, issue a credit refund if the complaint is deemed valid.
21. Liability
21.1 Sophos Education Liability: Sophos Education is only responsible for loss or damage Users suffer that is a foreseeable result of Sophos Education’s breach of its obligations. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Sophos Education and the User knew it might happen, for example, if the User discussed it with Sophos Education during the sales process.
21.2 Limitation of Liability: Nothing in these T&Cs is intended to exclude or limit in any way Sophos Education’s liability for:
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a) Death or personal injury caused by the negligence of Sophos Education.
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b) Fraud or fraudulent misrepresentation.
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c) Breach of your legal rights by Sophos Education in respect of the provision of the Platform.
21.3 Third-Party Liability: Sophos Education shall not be liable for the content provided by Users or Tutors on the Platform or the content of websites to which Sophos Education is linked. The provider of the site to which Sophos Education is linked is solely liable for illegal, incorrect, or incomplete content.
22. Disclaimers
22.1 General Information: All content on Our Site is provided for general information and educational purposes only. Nothing on Our Site constitutes professional advice that you should rely on.
22.2 Accuracy and Updates: While We make reasonable efforts to ensure the accuracy and currency of the content on Our Site, We do not guarantee that the information is complete or up-to-date. Users are advised to verify the accuracy of the information before relying on it.
22.3 Business Users: If you are a business User, We exclude all implied warranties, conditions, and other terms that may otherwise apply to Our Site or the content on it.
23. Communications from Sophos Education
23.1 Important Notices: From time to time, We may send important notices by email to Users and Students, including information about changes to Our Site or Terms and Conditions.
23.2 Marketing Communications: We will not send marketing emails without your express consent. Should you consent to receive marketing emails, you may opt out at any time by using the unsubscribe link in the emails.
23.3 Contact for Inquiries: For any questions or complaints regarding communications, you can contact us via team@sophoseducation.com.
24. Exemption from Liability on the Part of the User
24.1 Indemnity: The User undertakes to indemnify and hold Sophos Education completely harmless if Sophos Education is held liable by Tutors for claims arising from Tutor Contracts or by other Users, Tutors, or third parties for civil or criminal, judicial, or extrajudicial claims arising from the content posted by the User on the Platform. The indemnification also includes penalties, damages, and all reasonable and necessary costs of legal defense.
25. Applicable Law, Place of Jurisdiction, and Dispute Resolution
25.1 Governing Law: These T&Cs and all further agreements with Sophos Education are exclusively subject to the law of England and Wales, excluding the UN Convention on Contracts for the International Sale of Goods and the reference norms of international private law. This choice of law only applies insofar as it does not deprive a User of the protection afforded by the mandatory provisions of the law of the state in which they have their habitual residence.
25.2 Jurisdiction: The competent court in the UK is responsible for all legal actions brought against Sophos Education by a User due to disputes arising from the contractual relationship. This does not affect the User’s right to sue at any other legal place of jurisdiction. For all legal actions brought against a User who has their residence, usual place of abode, or place of employment in the UK for disputes arising from the contractual relationship, one of the courts in whose district the User has their residence, usual place of abode, or place of employment shall be competent. For Users who were not resident in the UK at the time the contract was concluded, the statutory places of jurisdiction shall apply.
25.3 Legal Rights of Users: These Terms and Conditions are governed by the laws of England and Wales. If you are a Student residing outside the UK, you will benefit from any mandatory legal protections provided by the laws of your home country.
25.4 Dispute Resolution: If Users cannot resolve a dispute with Sophos Education, they have the option to submit complaints to the online dispute resolution platform, which can be reached at https://www.tradingstandards.uk/consumer-help/adr-approved-bodies. You can also submit your complaint directly to Sophos Education at the following email address: team@sophoseducation.com.
26. Final Provisions
26.1 Priority of Agreements: In case of contradictions between these T&Cs and deviating written agreements between a User and Sophos Education, the provisions of the deviating agreements shall take precedence over these T&Cs.
26.2 Severability Clause: Should individual provisions of these T&Cs be or become invalid, this shall not affect the remaining content of the T&Cs. The invalid provision shall be replaced by a provision that is legally valid and comes closest to the User’s and Sophos Education’s economic purpose.
26.3 Definition of Third Parties: A "third party” within the meaning of these T&Cs is any natural or legal person who is different from the person registered as a User and from Sophos Education, even if legal and/or economic relationships should exist with such a person.