The following Terms (hereinafter “Terms”) shall apply to all business relations between IB Ways [GFS2, Mortlake Business Centre, 20 mortlake high street., London SW148JN] (hereinafter “we”, “us”, or “our”) and you the user of our services. Please read these Terms carefully before using the website or services (collectively the “Platform”). These Terms constitute a legal agreement between you and IB Ways governing the use of our Platform.
1. Terms and Conditions
1.1 Users within the meaning of these Terms are both students and tutors.
1.2 Students within the meaning of these Terms are natural persons with whom Tutors enter into business relations without them acting in the exercise of or for the purpose of a commercial or independent professional activity.
1.3 Tutors within the meaning of these Terms are natural or legal persons or persons and companies with legal capacity with whom Students enter into business relations and who are acting in the exercise of their commercial or self-employed professional activity.
1.4 Deviating or conflicting terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed.
1.5 We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.
2. Your relationship with IB Ways
2.1. IB Ways merely provides the technical and organisational infrastructure to ensure the proper conduct of transactions on the platform in particular the booking of “sessions” or “time slots”.
2.2. IB Ways does not itself become a contracting party to the contracts concluded exclusively between the users. The performance of contracts concluded with IB Ways is exclusively between the users.
2.3. The users themselves are responsible for compliance with legal requirements and the assertion of claims arising from the contracts they have concluded. In particular, IB Ways does not guarantee:
2.3.1. the accuracy and completeness of the statements and declarations made in relation to the items offered,
2.3.2. the items offered as such; and
2.3.3. the conduct and performance of the offering third party.
2.4. Users are required to comply with applicable laws when using the Platform and Service. It is each users own responsibility to ensure that their offers are lawful and do not infringe the rights of third parties.
2.5. Users may not use addresses, contact details and e-mail addresses obtained through the use of IB Ways for any purpose other than contractual and pre-contractual communication. In particular, it is forbidden to resell this data or use it to send advertising, unless the respective user has expressly consented to this in advance.
2.6. The content published on IB Ways by the respective users is generally not reviewed by IB Ways and does not represent the opinion of IB Ways.
2.7. IB Ways can only perform a limited review of the data provided by users. Therefore, no guarantee can be given for the accuracy of the data provided by the respective users.
2.8. Insofar as offers and content are also to be displayed on mobile end devices, IB Ways has the right to technically edit, prepare and adapt offers and content of users in such a way that they can also be displayed on mobile end devices or software applications of third parties. The users themselves are responsible for the offer of the offers on mobile end devices.
3. Your account
3.1. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our website, you agree and acknowledge that:
3.1.1. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
3.1.2. you shall ensure that all Users of your Account abide by these Terms.
3.2. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage, or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
4. General Principles
4.1. We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our Platform or any services, affiliated websites (including social media pages) provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
4.2. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).
4.3. The following additional terms also apply to your use of our Platform and form part of these Terms:
4.3.1. Our Privacy; and
5. Fees, and Payment Refunds
5.1. You shall pay such Fees in accordance with the provisions of this Clause 5.
5.2. The purchase price for the Services shall be paid simultaneously with the execution of this Agreement as stipulated on my website.
5.3. Any Fees due must be paid by their due date for payment, as notified to you. Failure to make timely payment of the Fees may result in the suspension or termination of your access to the Services.
5.4. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
5.5. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
5.6. We are not responsible for currency conversion fees, wiring fees, transaction costs, or any other processing fees that you may incur.
5.7. Our Fees may be amended from time to time at my discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees.
6. Technical requirements and responsibility
6.1. Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.
6.2. This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The user shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the online course.
6.3. IB Ways does not guarantee that the services offered can actually be used with the user’s computer.
7. Uploading content to our Platform
7.2. You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
7.2.1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or
7.2.2. the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data (including for the avoidance of doubt any insurance policies).
7.3. We will only use the content uploaded by you for the purposes of providing the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
7.4. We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Platform.
7.5. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.
7.6. We have the right to delete any content uploaded to our Platform if, in our opinion, it does not comply with our content standards.
8. Contribution License
8.1. By posting your Contributions to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image, and voice) for any purpose, commercial, advertising, or otherwise. The use and distribution may occur in any media formats and through any media channels.
8.2. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
8.3. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform.
8.4. You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
8.5. We have the right, in our sole and absolute discretion,
8.5.1. to edit, redact, or otherwise change any Contributions;
8.5.2. to re-categorise any Contributions to place them in more appropriate locations on the Platform; and
8.5.3. to pre-screen or delete any Contributions at any time and for any reason, without notice.
8.6. We have no obligation to monitor your Contributions.
9.1. Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
9.1.1. save for internal distribution amongst your employees and persons authorised by you for your internal business purposes, and any other purposes contemplated under these Terms or the Platform, not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Platform or any of the contents therein for any commercial or other purposes;
9.1.2. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
9.1.3. not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
9.1.4. to include our copyright notice on all entire and partial copies you make of our Platform on any medium;
9.1.5. to comply with all applicable technology control or export laws and regulations; and
9.1.6. not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform, or servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
9.1.7. not to directly or indirectly, contact, deal with or otherwise become involved with any student or tutor, as applicable, or any other entities or parties introduced through the IB Ways Platform, directly or indirectly, for the purpose of avoiding the payment to IB Ways of profits, fees or otherwise, without the specific written approval of IB Ways. You further agree to a be liable to the Company for an immediately due and payable penalty of £10,000 per breach of this clause 9.1.7, without prejudice to any other rights provided for by law or under this agreement such as the right to specific performance, the right to an injunction or the right to claim damages in lieu of this penalty.
10. Intellectual Property Rights
10.1. You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
10.2. Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Platform.
10.3. You acknowledge that you have no right to have access to our Platform in source code form.
10.4. You must not modify the paper or digital copies of any materials you have printed off or downloaded from our Platform in any way, and you must not use any illustrations, photographs, sequences or any graphics separately from any accompanying text.
10.5. Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
10.6. You must not use any part of the content on our Platform for commercial purposes not specified on our Platform without obtaining a license to do so from us or our licensors.
11. Acceptable Use Policy
11.1. You may use our Platform only for lawful purposes.
11.2. You may not use our Platform:
11.2.1. in any way that breaches any applicable local or international laws or regulations;
11.2.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
11.2.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
11.2.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
11.3. You also agree:
11.3.1. not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and
11.3.2. not to access without authority, interfere with, damage or disrupt:
11.3.3. any part of our Platform;
11.3.4. any equipment or network on which our Platform is stored;
11.3.5. any software used in the provision of our Platform; or
11.3.6. any equipment or network or software owned or used by any third party.
12.1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Platform.
12.2. When a breach of this policy has occurred, we may take such action as we deem appropriate.
12.3. Failure to comply with this acceptable use policy constitutes a material breach of the Terms and Conditions upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:
12.3.1. immediate temporary or permanent cancellation of your right to use our Platform;
12.3.2. issuance of a warning to you;
12.3.3. legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
12.3.4. further legal action against you; and/or
12.3.5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
12.4. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
13. Platform Management
13.1. We reserve the right, but not the obligation to:
13.1.1. monitor the Platform for violations of these Terms;
13.1.2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
13.1.3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
13.1.4. in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive or are in any way burdensome to our systems;
13.1.5. otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
14. Modifications And Interruptions
14.1. We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time.
14.2. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
14.3. We cannot guarantee the Platform will be available at all times.
14.4. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors.
14.5. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform.
14.6. Nothing in these Terms will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
15.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
15.2. IB Ways accepts no liability for any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
16.2. You agree that, if you have provided IB Ways with personal data relating to a third party
16.2.1. you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to IB Ways and
16.3. You agree to indemnify IB Ways in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
17. Term and Termination
17.1. These Terms shall remain in full force and effect while you use the Platform. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Platform or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
17.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
17.3. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
18. Limitation of Liability
18.1. To the maximum extent permitted by law, IB Ways accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Platform or any information contained therein. Users should be aware that they use the Platform and its Content at their own risk.
18.2. Every effort has been made to ensure that these Terms adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term is to be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining terms and conditions.
18.3. IB Ways shall only be liable for damages in the event of intent or gross negligence. IB Ways shall only be liable for the negligent breach of essential contractual obligations (cardinal obligations).
18.4. In the event of damage caused by minor negligence, IB Ways and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but the amount shall be limited to the damage that was foreseeable and typical for the contract at the time of conclusion of the contract.
18.5. The above exclusions of liability shall not apply in the event of injury to life, limb, or health. Statutory liability remains unaffected.
18.6. Any exclusion or limitation of IB Ways’ liability shall also apply to the personal liability of its legal representatives, employees, and other vicarious agents.
18.7. This term shall apply only within jurisdictions where a particular term is illegal.
19. No Waiver
In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
20. Previous Terms
In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.
In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.
22. Law and Jurisdiction
These Terms and the relationship between you and IB Ways shall be governed by and construed in accordance with the Law of England and Wales, and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.