NurtureID8 Terms and Conditions

These Terms and Conditions ("Agreement") govern your use, access and participation in the online tutorial service provided by Dr Caroline Khene (the “Tutor/Mentor”) and on the website www.nurtureid8.net (“Website”) as described below (“Tutoring/Mentoring Service”): 

 

Professional higher education tuition for postgraduate research and mentoring for research in practice.

 

In this Agreement, the words "you" and "your" refer to the subscriber of the Tutoring Services, and shall include the student and/or his parents (or the legally appointed guardian, as the case may be) 

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It is your responsibility to review the terms and conditions set out in this Agreement periodically. You agree to be bound by this Agreement and any future amendments and additions to this Agreement as published on the Website.  If at any time you find this Agreement unacceptable or if you do not agree to these terms and conditions set out herein, please do not use this Website or the Tutoring Service.  

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In addition to this Agreement, the terms of the Privacy Policy and the Cookie Policy shall also apply to your use of the Website by the Tutor.

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1. The Tutoring Service

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1.1 The Tutor shall provide the Tutoring Service and the tutoring sessions shall be conducted virtually by using the software specified by the Tutor (“Session”). You shall be responsible for installing the software to access the Sessions on the computer or mobile device.

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1.2 The schedule of the Sessions will be indicated on the Website.

 

2. Access to the Tutoring Service

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2.1. In order to purchase the Service on the Website, you must register for an account via the Website. If you already have an account on the Website, you can log into your account using your username and password.

 

2.2 You shall only register one (1) user account on the Website. Your website user account is personal and cannot be shared with, transferred, or assigned to any third parties. You shall be responsible to keep his account log-in details confidential.

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3. Payment

 

3.1 In consideration of the Tutoring Services, you shall pay the Tutor a fee as indicated for the Session on the Website pursuant to this Agreement.

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3.2 Payment should be made to NurtureID8 upon receipt of an invoice being emailed to the client/student or in advance of the arranged session. 

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3.3 Payment should be made within 7 days after the receipt of the invoice.  

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3.4 Payment processing related to the Tutoring Services is performed by either the Tutor directly or by the Tutor’s affiliates on behalf of the Tutor depending on the type of payment method used.

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3.5 You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide the Tutor with valid payment information in connection with your orders. By providing the Tutor with your payment information, you agree that (i) the Tutor is authorized to immediately invoice your Account for all fees and charges due and payable to the Tutor hereunder, (ii) the Tutor is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify the Tutor of any change in your payment information. The Tutor reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, the Tutor reserves the right to either suspend or terminate your access to the Session(s). 

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3.6 When you provide payment information to the Tutor or one of its payment processors, you represent to the Tutor that you are the authorized user of the card, PIN, key, or account associated with that payment, and you authorize the Tutor to charge your credit card or to process your payment with the chosen third-party payment processor for any fees incurred by you on the Website. The Tutor may require you to provide your address or other information to meet their obligations under applicable tax law.

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3.7 If your subscription to the Tutorial Services on the Website is subject to any type of use or sales tax or VAT, then the Tutor may also charge you for those taxes, in addition to the other fees published for that Session on the Website.

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4. Cancellation Policy and Late Arrival

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4.1 You may cancel a Session(s) by giving at least 24 hours prior notice to the Tutor. If you fail to give the 24 hour prior notice to the Tutor then any payment made for that Session will be forfeited. 

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4.2 The Tutor may cancel any Session(s) with a 24 hour notice to you. In such a case, the Tutor agrees to refund any payment made for that Session or to apply that payment to a future session that the Tutor and you mutually agree upon.

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4.3 If you join late for the Session, no adjustment to fees shall be made for time lost. In the case of late arrival by the Tutor, you shall be compensated by extending the Session by mutual agreement by such amount of time that was lost.

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5. Tutoring Service Terms

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5.1 You may not access or use the Tutoring Service provided through the Website or create an account for unlawful purposes. Your use of the Tutoring Services and behavior on the Website must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that apply to you. 

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5.2 You understand and agree that the Session material may not be shared, copied, and/or distributed to third parties. The Tutor reserves the right to terminate your access to the Tutoring Service in its sole discretion if the Tutor suspects that you have shared the Session log-in information with a third party.

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5.3 You accept that you will not have any recourse against the Tutor if the Website and/or any Session is down, either for planned or unplanned maintenance.

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5.4 The Website may enable you to share your content, such as homework, posts you make in the forums, and the like ("User Content"). To the extent that you provide User Content, you grant the Tutor a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates this Agreement

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6. Obligations

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6.1 The Tutor undertakes to do all preparation prior to Sessions and to structure lessons in such a way as to maximise the learning time for you.

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6.2 The Tutor agrees to keep all information regarding your education confidential unless written permission has been granted by you to disclose. This includes any work that you have produced during or out of Session times.

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6.3 ​​ The Tutor shall review any material provided by you prior to the online Session, given the material is sent 48 hours before the booked online session. Where a substantive review is needed before the online session, the Tutor shall specify a feasible time to complete the review, in agreement with the student.

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6.4 The Tutor makes no promises or warranties with regards to your performance as a result of any tutoring provided pursuant to this Agreement.

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6.5 You agree to complete any homework or classwork assignments set by the Tutor promptly as agreed prior to the task being set.

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6.6 The Tutor should never be requested to do any unwritten work on behalf of the student. Any practice that is interpreted as plagiarism or violation of intellectual property rights will not be permitted or condoned.

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7. Unethical Practice

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7.1 The Tutor should never be requested to do any unwritten work on behalf of the student. Any practice that is interpreted as plagiarism or violation of intellectual property rights will not be permitted or condoned.

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7.2 For the submission of written work for substantive review, the student will submit their own written work, and clearly acknowledge or indicate where generative AI (e.g. ChatGPT) has been applied to the written work.

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7.3 The Tutor should not be requested to review work that has been significantly (more than 20% of the work) generated by generative AI (e.g. ChatGPT).

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8. Limitation of Liabilities

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8.1 The Tutor makes no guarantees, warranties, or representations of any kind, expressed or implied concerning the Tutoring Services rendered subject to this Agreement. In no event shall the Tutor be held liable to you for any special, direct, or consequential damages. 

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8.2 The parties agree that the rights and benefits held and received by you through the Tutoring Service under the Agreement shall only be enforceable upon the terms of this Agreement, and any liability in respect of any breach of such rights and benefits shall be determined solely in accordance with the terms of the Agreement.

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8.3 Notwithstanding any damages that you may acquire, the Tutor under this Agreement, and your sole remedy, shall be limited to the amount paid by you to the Tutor under this Agreement for all Tutoring Services rendered throughout the duration of this Agreement, including the date of termination. 

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8.4 You will indemnify the Tutor on first written demand against any or all liabilities incurred by the Tutor arising out of or as a result of acting as the service provider hereunder. 

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8.5 You agree that the Tutor is not responsible for any inaction or actions, or for any indirect or direct result(s) of any Tutoring Services rendered by the Tutor. 

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9. Liability Disclaimer

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9.1 The Tutor is not responsible for any suspension or interruption of the Tutoring Service and/or the Website or any other part of the system due to force majeure and other factors.

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9.2 The Tutor does not guarantee that the delivery of Tutoring Service virtually is stable and uninterrupted.

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9.3 The Tutor will only provide you with the service based on its current function and current status and reserves the right to modify all or part of each service function at any time.

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9.4 Although the Tutor will use reasonable efforts to keep the Website, the information on the website and Sessions reasonably accurate, the Tutor make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website for any purpose. all such information, software, products, services and related graphics are provided "as is". The Tutor disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

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9.5 Whilst the Tutor uses our best endeavours to ensure all your data are secure and complete in the servers, we will not be liable for loss of profits or of contracts, loss of data, damage to your computer hardware or software, loss of business, loss of goodwill or reputation, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of use, and/or consequential loss arising out of or in connection with this website or the information or data contained in it.

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9.6 You agree to indemnify, defend, and hold harmless the Tutor from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Tutoring Service and/or Website in violation of this Agreement; (b) your violation of any law or rights of any third party.

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10. Termination

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10.1 You agree that the Tutor, in its sole discretion, may terminate your subscription to the Tutoring Service and/or Website or your participation in the Sessions, for any reason or no reason, upon notice to you. It is Tutor’s policy to terminate in appropriate circumstances the accounts of users of the Website who are repeat copyright infringers. The Tutor reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any Session offered through Website, or to cease providing any part or all of the Website content or related services, and you agree that the Tutor will have no liability to you for such an action. If you no longer desire to avail the Tutoring Service and/or the Website, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Website, but the other provisions of the Agreements will survive any such termination.

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11. Intellectual Property

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11.1 The Tutor and its licensors shall retain ownership of all the Session related contents, material and information on the Website and it shall remain the property of the Tutor. You undertake not to advertise, or redistribute, and or otherwise to broadcast, such Session, contents, news and information upon termination of this Agreement.

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11.2 Neither the Tutor nor any of its directors, employees or agents warrant that the Tutoring Service and/or Website will be uninterrupted or error-free, or give any warranty as to the results to be obtained from availing the Tutoring Service and/or Website. In no event will the Tutor or its directors, employees or agents be liable to you for any damage, (including, but without limitation, special, incidental, or consequential damage) arising from the use of, or inability to avail (for whatever reason), the Tutoring Service and/Website, including but not limited to damages resulting from loss of data or loss of profits.

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12. Force majeure

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12.1 Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for one (1) month, the Party not affected may terminate this Agreement by giving written notice of one (1) week to the affected Party.

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13. Assignment and other dealings

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13.1 Neither party shall without the prior written consent of the other party assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.

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14. No partnership or agency

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14.1 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute any Party the agent of another Party, or authorise any Party to make or enter into any commitments for or on behalf of any other Party.

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14.2 Each Party confirms it is acting on its own behalf and not for the benefit of any other person.

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15. Waiver

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15.1 No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

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16. Entire Agreement

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16.1 This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

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16.2 Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.

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17.  Severance

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17.1 If any provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

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17.2 If there is any inconsistency between this Agreement and the Terms and Conditions, this Agreement will prevail.

 

 

18   Notices

18.1  Any notice so served by hand, e-mail or post shall be deemed to have been duly given:

• (a)  in the case of delivery by hand, when delivered;

• (b)  in the case of fax or electronic mail on a Business Day prior to 5.00 pm, at the time of receipt ;

• (c)  in the case of prepaid recorded delivery, special delivery or registered post, at 10am on the second Business Day following the date of posting; or

• (d)  if sent by email, one (1) hour after the email is sent (unless a return email is received by the sender within that period stating that the addressee's email address is wrong or that the message cannot be delivered).

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       provided that in each case where delivery by hand or by e-mail occurs after 5pm on a Business Day or on a day which is not a Business Day, service shall be deemed to occur at 9am on the next following Business Day. References to time in this clause are to local time in the country of the addressee.

 

18.2          The contact details of the Tutor for the purpose of clause 17.1 is as follows:

 

Tutor 

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Dr Caroline Khene

Leicester, United Kingdom

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E-mail: caroline.khene@nurtureid8.com

 

19.   Counterparts

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19.1 This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.

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20.   Right of third parties

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20.1 A person who is not a party to this Agreement shall have no right under any law to enforce any of its terms.

 

21.   Governing law

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21.1 The parties shall use all reasonable endeavours to resolve any dispute amicably and in good faith.

 

 

These terms and conditions are governed by and are to be construed in accordance with the laws of England and Wales applicable therein.

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Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of England and Wales (and any court of appeal) and waives any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction.