LEGAL

Copyright Statement

Terms of Service for tutors

Terms of Service for clients

Child Protection Policy

Privacy Policy



Copyright Statement

All content on this site is the property of Genius Tuition (this includes our source code, design, graphics, member profiles and text). It is copyright 2018 and must not be reproduced without prior permission from Genius Tuition. If you want to use a brief quote from this site you must indicate, and link to, the original source at the Genius Tuition website where it was found. You must not steal, use or distribute content from this site to use in any other website or elsewhere. We regularly search for such infringing websites that copy material and call it their own and will take action against such websites.
Users are forbidden to reproduce, resell, republish, or redistribute any materials from Genius Tuition in either a machine-readable form or any other form without our permission. If you are unsure about these conditions and think you may be violating them please contact us, and we'll give you advice on what to do. Failing to do this when you are violating these conditions can result in legal action.

Terms of Service for tutors

1.	Commencement and duration 
2.	This agreement shall be effective from the date Genius Tuition accepts the Tutor Application Form and shall continue in force until this agreement is terminated by one of the parties under clause 8. 
3.	Performance of the Services While registered with Genius Tuition, the tutor shall not provide any tuition or educational services (apart from Tutor Sessions booked through this Website) to any sibling or other relative of a Client or to any person introduced, directly or indirectly, to the Tutor by a Client.
3.1	The Tutor shall comply with all Genius Tuition Policies and procedures as provided to the Tutor, as updated from time to time. 
3.2	The Tutor agrees that it shall not make any promises or representations to the Customer regarding the Services that have not been pre-approved by Genius Tuition. These include, for example, offering reductions in fees for the Services. 
3.3	The Tutor understands and agrees that at all times whilst being available to provide Services to clients of Genius Tuition they shall: 
(a)	perform the Services with all reasonable skill and care; 
(b)	The Tutor must have a recent DBS check in accordance with the policy of Genius Tuition. This must be completed by the Tutor at their sole expense prior to the tutor enlisting with Genius Tuition. When the DBS expires (3 years from the issue date) the tutor will be expected to renew their DBS at their sole expense to continue working with Genius Tuition.
(c)	Immediately inform Genius Tuition in the event of any change in the Tutor’s circumstances that may mean the Tutor is no longer able to provide the services to the client (whether in the short term or permanently), including, but not limited to, any sickness or injury, any criminal convictions that may result in the failure of any DBS check, and/or any loss of certification or qualifications required to perform the Services. 
4.	Non-Poaching The Tutor understands that the identity of the clients, and those to whom the Tutor will be providing the Services, is valuable commercial information belonging to Genius Tuition and that Genius Tuition is justified in protecting. To this end, the Tutor agrees that whilst they are providing Services to Customers, and for a period of 6 months after the relationship between the Tutor and Genius Tuition has ended, the Tutor shall not provide any tutoring services to any Customer, or person to whom the Tutor has provided tutoring services by reason of an introduction or instruction from the Genius Tuition. 
5.	Fees, charges and expenses Genius Tuition shall pay the Tutor as full consideration for the performance by the Tutor of the Services the tutor fee as agreed between the Tutor and Genius Tuition from time to time.
5.1	Genius Tuition may at any time and at its option set off any liability of the Tutor to Genius Tuition against any liability of Genius Tuition to the Tutor. 
6.	Data Protection Genius Tuition’s reputations could be irreparably harmed should personal data relating to any of its Customers, or the persons to whom the Services are being provided (particular minors) be lost, misplaced or misused. To this end, Genius Tuition takes its obligations in respect of data protection very seriously. 
6.1	As a Tutor you will be acting as the Genius Tuition ’s Data Processor. You will only process Personal Data relating to the Customers, and those to whom you are providing the Services (including the guardian that should be present where Services are being provided to minors), for the purpose of providing the Services and for no other purpose whatsoever. 
6.2	If any clients make any requests of the Tutor in respect of their Personal Data, and how Genius Tuition, process their Personal Data these requests must be passed to Genius Tuition without delay. The Tutor must not make any representations or promises in this respect to anyone. 
6.3	The Tutor also agrees to treat the Personal Data they are handling with the sensitivity and security that it deserves. Some of the Personal Data being processed by the Tutor is likely to be ‘Special Category Personal Data’ that requires additional levels of protection and security. To this end, the Tutor will follow all instructions given by Genius Tuition in respect of how the Tutor must handle the Personal Data of clients and those it is providing services to, including where and how it should be stored and transmitted to Genius Tuition and when and how it should be destroyed. 
6.4	If the Tutor has any queries with regard to data protection, then these should be raised with Genius Tuition in the first instance. 
6.5	The terms ‘Personal Data’, ‘Data Processor’, ‘Data Controller’ and ‘Special Category Personal Data’ used in this clause have the meaning given to them in the General Data Protection Regulation (GDPR). 
7.	Indemnity from Tutor The Tutor shall indemnify Genius Tuition against all losses, claims, demands, costs and expenses incurred or suffered by Genius Tuition including all claims for liquidated damages by the client against Genius Tuition arising out of the Tutor’s services. 
8.	Termination Either party shall be entitled to terminate this agreement by giving the other party not less than [1] months’ written notice. 
8.1	Without prejudice to any rights that have accrued under this agreement or any of its rights or remedies, Genius Tuition may at any time terminate this agreement with immediate effect by giving notice to Tutor if: 
(a)	In Genius Tuition ’s reasonable opinion, the standard of Services being provided by the Tutor do not meet the standards outlined in clauses 3.3(a) or 3.3(b); or 
(b)	The Tutor refuses, or fails, to cooperate with Genius Tuition when Genius Tuition is attempting to undertake the checks outlined. The Tutor is no longer able to provide the Services due to a change in circumstances as outlined in clause 3.3(c). 
9.	Governing law and Jurisdiction This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 
9.1	Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).


Terms of Service for clients

1.	As a client, you will need to book and pay for lessons through Genius Tuition. You can pay securely through the Genius Tuition website in which case Genius Tuition management will pay the tutor. If you pay outside of the Genius Tuition site, you will not be protected by our 48 hour Cancellation Policy, nor our Disputes or Refunds Policy, we also do not guarantee that you’ll be protected from fraud. 
2.	All payments must be made through the Website. You agree to inform us immediately if a Tutor requests payment for a Tutor Session (in whole or in part) otherwise than through the Website.
3.	You agree not to make any arrangements for tutoring services with any Tutor other than through this Website for 12 months’ following the later of (i) your registration on the Platform; and (ii) the latest Tutor Session booked using this Website.
4.	While we do interview certain Tutors and check that they have a current Disclosure and Barring Service certificate and degree certificate(s) prior to accepting their application to register on this Website, we do not guarantee that a Tutor is suitably qualified to provide the services offered by a Tutor through this Website and we do not routinely verify the Tutor’s identity, his or her relevant experience, training and qualifications and any authorisation and clearances (including from the Disclosure and Barring Service) which may be required by law or by any relevant professional body.
5.	If at any stage you have concerns about the competence, qualifications, suitability or performance of any Tutor please notify us and we will investigate.
6.	The Client shall indemnify us and keep us fully and effectively indemnified on demand against any actions, suits, claims, costs, demands, losses, damages, expenses, liabilities and payments which may be brought against or suffered or incurred by us as a result of or in connection with, directly or indirectly, any content posted on the Website by the Client or any improper use of the Website.
7.	Where a Tutor Session is to be provided on any premises of or designated by the Client, the Client must provide the Tutor, in a timely manner, with sufficient details of the relevant location, ensure that appropriate access is available to the Tutor at all relevant times and that such premises are suitable and safe for the provision of the Tutor Session.
8.	Cancellation: If a Tutor Session is cancelled by the Client less than 48 hours before it is due to take place or if the Tutor Session is not cancelled but does not go ahead for reasons attributable to the Client, the Tutor reserves the right to charge the Fee in full, in which case payment will be taken from the Client for the Fee on the earlier of: (i) the date upon which the Client cancels the Tutor Session; and (ii) the intended date of the Tutor Session, unless the Client benefits from the statutory cooling-off period.


Child Protection Policy

Genius Tuition carries out activities which bring our employees and self-employed tutors into regular unsupervised contact with children and/or vulnerable adults. This includes providing tutoring and educational services in the students' home and elsewhere. Genius Tuition takes its responsibilities to safeguard and protect the interests of all young children very seriously. This policy is non-contractual but indicates the way in which Genius Tuition intends to deal with such matters.

Scope of this policy
This policy applies to all self-employed tutors, employees, workers or volunteers whose duties bring them into contact with children and/or vulnerable adults.

Aims of this policy
This policy aims to create and maintain the safest possible environment for the children and vulnerable adults with whom we deal, as well as for our self-employed tutors, employees and workers, and all reasonable steps will be taken to prevent all parties from harm.

Legal considerations
There is a considerable body of legislation designed to ensure that children and vulnerable adults are protected and it is important to understand that everyone is responsible for their safety. The main acts include: • the Protection of Freedoms Act 2012 • Safeguarding Vulnerable Groups Act 2006 (VBS) • Conduct of Employment Agencies and Employment Business Regulations 2003 • Protection of Children Act 1999/Criminal Justice and Court Services Act 2000 • Care Standards Act 2000 • The Police Act 1997 • The Children (Protection from Offenders) (Miscellaneous Amendments) Regulations 1997 • The United Nations Convention on the Rights of the Child • the Rehabilitation of Offenders Act 1974 • Health and Safety at Work etc Act 1974 (HASAWA)

Criminal records
Those who are involved in work situations where they have sustained or prolonged unsupervised access to children or vulnerable adults are exempt from the Rehabilitation of Offenders legislation. This means that prospective employees, self-employed contractors and volunteers must declare all criminal convictions, however long ago; and these will be taken into account when deciding on their suitability for working with children or vulnerable adults. No-one will be permitted to undertake a role which involves regular contact with children or vulnerable adults without a DBS check.

Planning and supervision
All activities or assignments involving children or vulnerable adults should be planned in advance to ensure they take into account the age range and ability of the participants. Staff, volunteers or freelancers supervising assignments involving children/vulnerable adults should be competent to do so. Supervision should take account of the age, gender, nature of the activity and any special needs of the individuals. Where appropriate, a risk assessment will be undertaken and documented.
All workers should avoid working alone with a child or vulnerable adult wherever possible. If it is not avoidable they should plan their work so that at least one other adult is present at any time. If possible, the worker should also move to a workstation where he/she and the child/vulnerable adult can both be seen by other colleagues or other adult and/or the door should be left open.
This guidance applies also to transport in vehicles - workers must not offer to transport a child or vulnerable adult anywhere unless accompanied by a further person or as part of a formal arrangement.

Physical contact
On no account should any self-employed tutor, employee, worker or volunteer have any physical contact with a child or vulnerable adult unless it is to prevent accident or injury to themselves or anyone else (eg to prevent a fall), or in the case of medical assistance being needed (eg to administer first aid), or to provide nursing or other general care, in which case the prior consent of the affected person should be requested where possible. Where appropriate, consent from parents or those with parental or caring responsibility should be obtained.
If a child/vulnerable adult is hurt or distressed, the worker should do his/her best to comfort or reassure the affected person without compromising his/her dignity or doing anything to discredit the person's own behaviour.

Communication
Communication with children/vulnerable adults is vital in establishing relationships built on trust. Those working with children or vulnerable adults should listen to what they are saying and respond appropriately. Children and vulnerable adults are entitled to the same respect as any self-employed tutors, employees, workers and volunteers. It should also be made clear to them what standards of behaviour and mutual respect are expected from them.
Those working with children/vulnerable adults should behave appropriately, ensure that language is moderated in their presence and should refrain from adult jokes or comments which are clearly unsuitable. Workers should also note that what may be acceptable language to their friends may not be regarded as such by those of an older generation.

Behaviour and abuse
We should all aim to promote an environment of trust and understanding. Those working with children/vulnerable adults should not tolerate unsociable behaviour but should try to ensure good working relationships.
All self-employed tutors, employees, workers and volunteers at Genius Tuition have a strict duty never to subject any child/vulnerable adult to any form of harm or abuse.

Safety
The safety of the people we work with is paramount and we are committed to providing a safe environment within which to work. Those working with children/vulnerable adults should ensure all appropriate risk assessments and security checks have been carried out prior to any assignment.
If transporting children/vulnerable adults, the transport should be checked to ensure it is roadworthy and adequate for the purpose. Any equipment used must be safe and only used for the purpose for which it is intended. Users should be adequately trained. Appropriate insurance should be up to date and adequate to cover such assignments.

Confidentiality
All personal information regarding children/vulnerable adults is highly confidential and should only be shared with appropriate people on a need to know basis. Information will be stored in the Genius Tuition offices, access limited to employees who are required to access it to fulfil their duties and will only be kept for as long as is needed. Anyone who is likely to have access to confidential material regarding children or vulnerable adults, or any of the bodies on behalf of whom Genius Tuition is working, may be required to sign a non-disclosure agreement. The requirement for confidentiality is emphasised.

Contact outside of work
Contact should not be made with any of the children/vulnerable adults with whom we are working for any reason unrelated to the particular work. In particular, our self-employed tutors and employees are required to maintain our reputation for integrity and responsibility in dealing with such people, and should not enter into any social or other non-work related arrangements with them.

Gifts and inducements
On no account should anyone from Genius Tuition give a child/vulnerable adult a gift or buy refreshments etc which could be in any way considered as a bribe or inducement to enter into a relationship with the Genius Tuition person or give rise to any false allegations of improper conduct against the individual.

Communicating this policy and concerns
All employees, workers and volunteers at Genius Tuition will be made aware of this policy and a copy will be available via the Genius Tuition website.
Furthermore, a copy of this policy will be made available to all relevant bodies with whom we work and will be made available to parents and carers of children/vulnerable adults with whom we plan to work.
Any concerns about the assignment or people involved should be addressed with a Genius Tuition Director.

Breach of this policy
Failure to follow the guidelines in this policy is considered a serious offence and will be investigated thoroughly and dealt with through our disciplinary procedure for employees. Serious breaches may lead to dismissal (for employees) and termination of any agreement (for self-employed tutors, workers or volunteers).
A Genius Tuition Director will appropriately record any allegation or reported incident. He/she will be responsible for contacting the statutory child protection agency such as the Local Safeguarding Children Board or the police if necessary.

Privacy Policy

Genius Tuition maintains a strict policy of client and tutor confidentiality and we are committed to protecting and safeguarding your personal data. As part of this commitment this policy aligns with the General Data Protection Regulation (GDPR). This policy relates to all information you provide to Genius Tuition and all data that Genius Tuition holds in relation to your use of the site. It supplements and is in addition to the Terms and Conditions and should be read in conjunction with them.
In line with data protection laws we are only able to process personal data where we have a valid reason to do so: Registration and student details (for Clients): This includes details such as your name, email address, address, telephone number, your child’s name, your child’s school year and your child’s educational background. Details (for Tutors): Name, telephone number, email address and details of relevant teaching / tutoring experience. We may also store bank details for the purpose of making payments to tutors for work done through Genius Tuition. What do we do with your information? We will use your personal data to fulfil tutoring requests, meet our contractual obligations, and deliver a high quality service to clients and tutors.
Sharing information with third parties: Clients: After clients have registered with us we will share the broad requirements of the assignment on an anonymous basis with our tutor pool so that relevant tutors can apply for the job. If a client chooses to proceed with a tutor we will pass on the specific registration and student details to the tutor so that the tutor knows where the tutoring will happen, so that the tutor can prepare for the assignment and the tutor can contact the client to arrange lessons. Other than sharing information with our tutor pool on the basis outline above we will keep your personal information confidential and not pass it on to any 3rd parties unless we are required to do so by law. Tutors: The information that you provide to Genius Tuition forms the basis of your tutor profile. This includes the following information: a photograph, the subjects that you teach, your teaching experience, personal biography, your personal teaching approach, and testimonials. This profile can be published on the Genius Tuition website if you have ticked the “I would like my profile published on the Genius Tuition website.” Genius Tuition may share your profile with prospective clients. We will pass on your contact details to clients for jobs that you have applied for or for jobs that you have expressed an interest in. Other than sharing information with our clients on the basis outlined above we will keep your personal information confidential and not pass it on to any 3rd parties unless we are required to do so by law.
How do we keep your information safe? We take reasonable steps to ensure that your information is kept safe and will endeavour to protect it from unauthorised access. Your information will only be kept for a commercially reasonable period of time for the purposes stated above.
Retention Periods: We shall retain your data only for as long as necessary in accordance with applicable laws. Clients: We will keep your personal data whilst you are an active client of Genius Tuition. If you do not receive any services for a period of 8 years your data will be deleted. Tutors: For tutors who join Genius Tuition as an employee or self-employed freelancer we will retain your data for up to 8 years. Tutor Applications: We retain tutor applications for 8 years.
Right to be Forgotten: You have the right to object to our use of your personal data and to ask us to delete it if there is no need for us to keep it. This is known as your right to be forgotten. Please inform us if you think we are retaining or using your personal data incorrectly. If you wish for us to delete any data we hold about you, please inform us in writing and we will delete your data within 3 working days, unless there is a legal reason why we are not allowed to do so.
Access to your data: You have the right to request a copy of all personal information that we hold about you at no cost. We will also correct any inaccuracies in your information at your request.
Email tracking and Newsletters: Our newsletters employ tracking so that we can monitor at an individual level whether a recipient has opened the email and what content they have clicked on. We only send our newsletter to recipients where there is a legitimate interest to do so. This includes sending emails giving details of relevant events and courses and updates to individuals who have subscribed via our website or who are registered clients. Recipients are able to easily unsubscribe from the newsletter if they wish.
Third party sites: We link to a number of other websites on our site. We are not responsible in any way for the privacy policies of these sites nor for the way in which they may use the information they collect about you.
Changes to this policy: This policy may be changed or amended at our absolute discretion, so you should review it from time to time so you are aware of any changes. Any changes will be posted on the Website.
Contact If you have any questions, please contact us using the details on the contact page.