Terms & Conditions

Please find below the Terms and Conditions which you must read and agree to before registering for or using the AgencyBranch Website. It is important that you ensure that you take a time to fully read and understand the Terms and Conditions before registering for the AgencyBranch Website. Kindly be advised that continued registration or usage of AgencyBranch will be deemed acceptance of these Terms and Conditions and that these Terms and Conditions may change from time to time.

IMPORTANT: it is essential that you keep your contact details up to date as we may need to reach you to inform you about important changes to the AgencyBranch website. You can update your details via your dashboard page after logging in.

Definitions

1. The following expressions are given the following meanings:
(a) "AgencyBranch Website" means the website operated by Optima Tutors Ltd, t/a AgencyBranch.

(b) "Student" means a person that uses the AgencyBranch Website with the intention of receiving tuition services.

(c) "Tutor" means a person that has appropriate qualifications and experience to provide tuition services in the relevant subjects.

(d) "Client" means a person that acts on behalf of one or more Students to obtain tuition services.

(e) "Agency" means a tuition business that connects Tutors and Students with the intention of providing tuition services.

(f) "Members" means accounts of all types that are registered on the AgencyBranch website.

2. In these Terms-
(a) words importing the singular shall include the plural and vice versa; and
(b) words importing the masculine gender shall include the feminine gender and vice versa.

General

3. Optima Tutors Ltd is not responsible for appraising information on the AgencyBranch Website. Members should exercise complete caution. Despite prohibitions, Members may provide information or otherwise behave in a way that is unreliable, misleading or illegal. Further, Optima Tutors Ltd can offer no guarantee that Members are who they say they are.

4. To use the AgencyBranch Website, Members will need certain equipment, not supplied by Optima Tutors ltd. This includes a computer, an internet connection, and the necessary software to browse the internet and access emails. AgencyBranch is designed for and tested on the latest versions of Google Chrome and Mozilla Firefox, run in their default settings. Performance on other applications cannot be guaranteed, and no assurance can be provided that AgencyBranch services can be used with any configuration of computer, software, and settings. The necessary programs to utilise the AgencyBranch website are available for free on the internet, and as such no refund can be made for any failure of your own equipment to receive, process, and correctly display the AgencyBranch Website.

5. All business undertaken by Optima Tutors Ltd, a Tutor, Client, Agency and/or a Student or his parent/guardian is transacted subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail.

6. Optima Tutors Ltd will take precautions it considers appropriate to keep the details of Members secure but will not be liable for unauthorised access to the information provided by Members on the AgencyBranch Website.

Member Duties

7. A Member warrants that he is of at least eighteen years of age or, if younger than eighteen years, has consent from a parent or a guardian to register and that parent or guardian must enter into any agreement with a Tutor or Agency to provide tuition services. It is the responsibility of that parent/guardian to check the credentials of Members. Optima Tutors Ltd is not responsible for any disputes regarding parental consent or any problems that a Student or a parent/guardian has experienced with another Member.

8. Members shall indemnify Optima Tutors Ltd for all claims and liabilities arising out of any use of the AgencyBranch Website, including costs and expenses incurred.

9. A Member must not be in any way abusive about other Members on the AgencyBranch Website or any other place.

10. A Member take full responsibility for all information that he provides on the AgencyBranch Website and must indemnify Optima Tutors Ltd in relation to any liability incurred by Optima Tutors Ltd as a result of such information.

11. A Member is not an employee of Optima Tutors Ltd and accepts full responsibility for all Income Tax, National Insurance and other liabilities arising from use of the AgencyBranch Website.

12. Use of the AgencyBranch Website is entirely at a Member's own risk. A Member must exercise complete caution when using the AgencyBranch Website and entering into any agreements.

13. All information provided by a Member on the AgencyBranch Website must be accurate and kept up-to-date.

14. Members must not use the AgencyBranch Website for illegal, unlawful or prohibited purposes. This includes sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or send viruses and worms.

15. Members must not post material to the AgencyBranch Website in which the copyright or intellectual property is or may be the property of another person or body.

16. Members must not impersonate any other person or entity or to use a false name or a name that they have no authority to use.

Liability, Indemnity and other provisions

17. Optima Tutors Ltd has no control over or responsibility for the truth or accuracy of any material available on the AgencyBranch Website, whether provided by Members or others. Third party websites may appear on the AgencyBranch Website. Optima Tutors Ltd does not endorse or have any responsibility for the site in question or anything which appears on it.

18. Optima Tutors Ltd is not and cannot be responsible for the behavior of Members, whether on the AgencyBranch Website or outside of it. Optima Tutors Ltd does not pre-screen or monitor the material contributed by Members.

19. Optima Tutors Ltd is not liable for direct, indirect, consequential or any other form of loss or damage that may be suffered by a Member through the use of the AgencyBranch Website including loss of data or information or any kind of financial or physical loss or damage.

20. Members agree to indemnify Optima Tutors Ltd against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions or through use of the AgencyBranch Website.

21. Optima Tutors Ltd is not responsible for any grade received by a Student or any consequence that examination grades entails.

Intellectual Property

22. The code, brand and intellectual property of the AgencyBranch Website cannot be reused without Optima Tutors Ltd’s consent. All copyright, trade marks, and other intellectual property rights in and relating to the AgencyBranch Website (including the material which is contributed by Members) are owned by Optima Tutors Ltd. It is prohibited to copy, distribute, show in public or create any derivative work from the AgencyBranch Website, or any of the material which is found on the AgencyBranch Website without the consent of Optima Tutors Ltd.

23. By submitting any material to the content to the AgencyBranch Website, you:
(a) are representing that you are fully entitled to do so;
(b) grant Optima Tutors Ltd a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form and any place; and
(c) authorise Optima Tutors Ltd to adapt the relevant material and you waive the right to be identified as the author of the material in question.

Miscellaneous provisions

24. Optima Tutors Ltd reserves the right to withdraw or modify aspects of the AgencyBranch Website, or the entirety of it.

25. The open-access nature of the AgencyBranch Website means that Optima Tutors Ltd cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under these Terms.

26. Optima Tutors Ltd reserves the right to suspend or terminate a Member's access to the AgencyBranch Website, or parts of it. Optima Tutors Ltd reserves the right to remove, or require the Member to remove, material posted on the AgencyBranch Website. Any person whose access has been suspended or terminated must not re-register for, or re-access, the AgencyBranch Website without prior consent from Optima Tutors Ltd.

27. Optima Tutors Ltd reserves the right to withdraw any material on the AgencyBranch Website which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the AgencyBranch Website into disrepute. Optima Tutors Ltd does not generally monitor material which appears on the AgencyBranch Website and Optima Tutors Ltd is reliant upon Members to notify Optima Tutors Ltd of anything Member’s see here which appears likely to breach these Terms and Conditions.

28. Optima Tutors Ltd may restrict access to the AgencyBranch Website for any period and if necessary permanently at the sole discretion of Optima Tutors Ltd. Members shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction or for any inconvenience caused.

29. Optima Tutors Ltd may, at their sole discretion, vary the features of the AgencyBranch Website and the Terms of use at anytime.

30. Optima Tutors Ltd may monitor postings to the AgencyBranch Website and communications through the AgencyBranch Website and have the right to delete and/or block such postings or communications at their sole discretion.

31. Optima Tutors Ltd give no guarantee that the AgencyBranch Website is free of viruses worms or any other form of harmful components.

32. Entire Terms and Conditions. Non-Members do not have a right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions.

33. Severability. In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable.

34. English Law and the jurisdiction of English Courts applies to these terms.