Terms & Conditions

1. Application

1.1. The terms, conditions and stipulations as mentioned in this web page form the
comprehensive and complete basis on which Tutorak LTD (hereinafter referred to as we,
us, our, the Service Provider and Tutorak) shall provide its services to the Client. We
shall assume that all the terms, conditions, and stipulations provided in this page have
been read and understood by all the users of our services and visitors to our website. This
assumption shall apply to an individual(s) and other legal person(s) when visiting our
website, registering for our online courses or by any of the mediums made available to
users by us.

1.2. By visiting, all visitors accept and provide their legal consent to
the practices expressed by the Service Provider in this Terms and Conditions agreement.
We revise the terms provided on this page as per our requirements. We reserve our rights
to amend the stipulations, terms and conditions from time to time. The amended terms
shall always supersede the previously applicable conditions. For visitors to our website,
only the terms and conditions in force at the date and time of their visit shall be applicable.

2. Definitions & Interpretations

2.1. In these terms and conditions listed on this webpage these words and/or sets of words
shall have the following definition/meanings:

2.1.1. Service Provider – Refers to Tutorak Limited (Registered Company Number

2.1.2. Agreement – The agreement between the Service Provider and the Client

2.1.3. Good industry practice – Means the degree of skill, diligence, prudence and foresight
which would reasonably and ordinarily be expected from a Service Provider engaged
in a similar type of undertaking as the Services provided by the Service Provider.

2.1.4. Client – Means the Client who has purchased Services from the Service Provider.

2.1.5. Commencement Date – The commencement date for the Agreement as set out in the
agreed Schedule if any or the Service Provider’s order confirmation.

2.1.6. Fees – The fees payable by the Client to the Service Provider.

2.1.7. Services – The Services to be provided by the Service Provider to the Client as set out
in an agreed Schedule if any or the order confirmation.

2.1.8. User, learner, delegate – All these words refer to an individual who registers for
and/or attends our courses in the offline and/or online mode.

2.1.9. Registered- Refers to the pieces of information such as personal details and contact
information officially provided by a learner/purchaser to Tutorak subject to the
acknowledgement of the same from our end.

2.1.10. Bespoke Courses – Refers to the training programs/courses created by Tutorak in line
with the exclusive requirements of an organisation.

3. The Services

3.1. In consideration of the fees being paid in accordance with the Agreement, the Service
Provider shall provide the services to the Client, with effect from the commencement
date. The Service Provider shall use all reasonable endeavours to complete its obligations
to the client under the Agreement.

3.2. The Service Provider guarantees that the services shall be in accordance with Good
Industry practice.

3.3. In the event that the service provided is not in accordance with Clause 3.2, the
Service Provider’s only priority shall be, to evaluate and re-perform the relevant services
to the required standard, provided that the Service Provider shall not be liable under
Clause 3.2 should the Client fail to provide a written notice within 7 Business Days with
full written particulars of the original non-performance.

4. Pricing of the Services

4.1. The price(s) of the Services are displayed on the Service Provider’s website at the
time you place your order. Unless stated otherwise, all prices stated on our website are
inclusive of all taxes.

4.2. The price(s) of the Services are subject to change as per the discretion of the service

4.3. Our website contains a large number of Services and it is always possible that despite
the Service Provider’s best efforts, some of the Services listed on the website may be
incorrectly priced. In such a case the Service Provider shall not be obliged to supply the
Services at the incorrect price, even if we have accepted your order.

5. Payment Method

5.1. Unless otherwise agreed in writing, all payments are required to be made in full for all
the Services you order before your order can be processed. Payments for the Services
shall be taken through a secure PCI-certified third-party payment provider (as we shall
nominate from time to time).

6. Limitation of Liability

6.1. Nothing in these Terms and Conditions excludes either parties from any liability of
personal injury or death arising from negligence, fraud, misrepresentation, or omission of
relevant information.

6.2. All warranties, conditions or any other terms that are covered by a Statute or Common
Law are excluded from these Terms and Conditions. (Except when expressly and
specifically provided in these Terms and Conditions).

6.3. We shall not be held liable for any damages, costs or expenses incurred by either
Party (whether consequential, direct or indirect) emergent from the exercise of any rights
permitted under these Terms and Conditions. We shall also not be liable for any
unforeseeable damages such as damages caused by a computer virus, loss of data,
software malfunction or any other technical problem.

7. Intellectual Property Rights

7.1. All content provided on Tutorak website is the intellectual property of the Service
Provider. Any commercial use without a written permission is not permitted in
accordance with the copyright laws.

7.2. The Client shall not copy any part of the Service Provider’s ‘Services’.

7.3. The Client shall not modify, develop, adapt, imitate, reverse engineer, disassemble or
decompile any content provided as part of the ‘Service’ by the Service Provider.

8. Force Majeure

8.1. The service provider shall not be liable for any failure or delay performing obligations
under an order that is caused by an event outside our control. Such causes include (but are
not limited to) server failure, software malfunction, strikes, lock-downs, civil commotion,
riot, invasion, terrorist attack, threat of terrorist attack, war (both declared or undeclared),
threat of war, preparation for war, fire, explosion, storm, flood, earthquake, epidemic, and
failure of public or private telecommunications networks.

9. Certificates and Identification Cards

9.1. Digital certification turnaround time for the Online Regulated Qualifications depends
on numerous factors including, but not limited to, the third-party awarding bodies’ own
turnaround time and any technical issues in the Learning Management System.

9.2. Digital certificates for the following Online Regulated Qualifications shall take 3-5
working days to be emailed to the Client:

9.2.1. Award for Personal Licence Holders;

9.2.2. Scottish Certificate for Personal Licence Holders;

9.2.3. Health & Safety Level 3;

9.2.4. Food safety Level 3.

9.3. Approximate printed ID Card turnaround time for the following course(s) is 1-2
working days:

9.3.1. Traffic Marshal (Banksman).

9.4. The Service Provider holds the rights to change the time frame mentioned in clause
10.2 and 10.3 without prior notice.

9.5. The Service Provider accepts no liability for misplaced ID cards once the cards have
been dispatched to the Client’s address.

9.6. The replacement ID card fee is £20.

9.7. The replacement ID card fee is subject to change at the discretion of the Service
Provider without prior notice.

9.8. All ID cards (except those covered by clause 10.12) shall be delivered via Royal Mail.
The Client shall be asked through email (provided by the Client at the time of the Course
booking) to confirm the Postal Address. The Client must reply with the correct address in
the format specified in the email within 24 hours to avoid any delays in the posting of the
ID card. The Service Provider shall not be held responsible for any delays caused by the
Client’s late reply to the email.

9.9. The course fee paid by the Client shall include the charges for ‘Free Standard
Delivery’ which shall utilise ‘Royal Mail 2nd Class unrecorded delivery’. If the Client
opts for the Standard Delivery Option (Refer to clause 10.10 for clarification), the Service
Provider shall not be liable for any misplaced, lost or damaged (in post) ID cards.

9.10. The Client may opt for ‘Recorded Signed For delivery,’ which is charged at £5.50 per
ID card. This fee shall be paid (Terms and Conditions laid out in clause 5.1 shall apply)
by the Client in addition to the course fee before the ID card shall be posted. The Service
Provider shall not be held responsible for any delays caused by late payment for the
Recorded Delivery.

9.11. The Service Provider shall not be liable for any claims of lost/misplaced/damaged ID
cards (covered by the Terms and Conditions laid out in clause 10.10) after 30 calendar
days from the date of dispatch of the ID card.

9.12. In-person collection from the Service Provider’s head office can be made by the
Client with prior notification.

10. Resit Examinations.

10.1. The Terms and Conditions for resit examinations may vary depending on the Course
and mode of examination (online or classroom based). Complete information (including

the Terms and Conditions) shall be emailed (to the email address provided by the Client
at the time of the purchase) to the Client at the time of the resit examination booking. The
Terms and Conditions included in the email sent to the Client at the time of the resit exam
booking shall supersede the Terms and Conditions displayed on the Service Provider’s

11. Cancellation and Refund Policy

11.1. All Clients shall have a legal right to request a cancellation, under the Consumer
Agreements (Information, Cancellation and Additional Charges) Regulations 2013,
within 14 days of the date of purchase.

11.2. Cancellation requests shall be made by the Client in accordance with the Client’s
legal rights stated in clause 12.1. To request a cancellation, the Client shall either call the
Service Provider on the customer service phone number provided on the Service
Provider’s website or send an email to the customer service email address provided on the
Service Provider’s website. The Client shall provide full details of the order in the email
for the Service Provider to process the cancellation and refund.

11.3. All cancellations shall be confirmed in writing through email by the Service Provider
before the issuance of refund.

11.4. The Service Provider shall not be held liable for any delays in cancellation or refund
if the Client’s email is not received by the Service Provider due to a technical error. The
Client shall be responsible for calling the Service Provider on the customer service phone
number provided on the Service Provider’s website if a response to the Client’s email
requesting cancellation has not been generated by the Service Provider within 5 days of
the ‘Email Sent’ date.

11.5. The Cancellation and Refund Policy shall stand invalidated if the Client is seen as
having attempted to take advantage of the product or service in any way.

11.6. The Cancellation and Refund Policy shall stand invalidated if the Client accesses any
of the learning material provided by the Service Provider, logs into the Service Provider’s
Learning Management System, Starts a course, or utilises any software provided by the
Service Provider.

11.7. In case of cancellation, the Service provider shall refund the full price of the course as
soon as practicable, through the original method of payment, or, through a mutually
agreed upon method subject.

11.8. Purchases made from  – Under this policy, you may cancel your purchase of the course within the period of 14 calendar days from the date on which the contract of purchase is concluded. This is called a “Cancellation Period”. Note that if you redeem your voucher during the Cancellation Period, you expressly request us to begin providing the course materials and you acknowledge that you lose your right to cancel the purchase of the course and get any refund for it.

12. Abuse Directed at Service Provider’s Employees

12.1. The Service Provider does not tolerate abusive language directed at staff. Such
behaviour shall lead to the Client’s exclusion from the course for which the Client shall
NOT receive a refund. Depending on the severity of the actions or words, the Service
Provider shall reserve the right to take appropriate legal action against the Client.

12.2. The use of unacceptable behaviour or abusive language, whether directed towards
trainers or fellow delegates, when attending online classes shall lead to the same
consequences as mentioned in clause 6.1 of this terms and conditions webpage.

13. Bespoke Courses

13.1. Bespoke Courses can be ordered by the Client in the online, as well as, offline mode
and shall be created as per the requirements of the Client.

13.2. Complete payments for the creation of the bespoke courses must be made by the
Client on any of the payment mediums prescribed for the same by the Service Provider at
the time of ordering for a bespoke course. In special cases, as per our discretion, we may
demand payments on a specific medium.

13.3. The contractual obligations between the Service Provider and the Client shall come
into effect upon acceptance of the Terms and Conditions (herein prescribed) by the Client
and creation of a legally binding agreement between the Service Provider and the Client.

13.4. The timeline for delivery of the bespoke course shall be dependent on the content,
structure and information provided by the Client and shall be decided mutually by the
Service Provider and the Client.

13.5. If the Client desires to resell the bespoke course, the Service Provider must be
informed at the time of writing of the contract, so that the contract may be drafted

13.6. The bespoke course delivered to the Client shall be considered the intellectual
property of the respective purchaser/customer from the time of delivery of the same.
However, unless explicitly stated in the contract document, the Service Provider may use
the course on the portfolio for the purposes of showing our work to prospective
purchasers/customers and for advertisement/marketing related objectives.

13.7. The contract document executed for the creation of a bespoke course shall always
supersede the general terms and conditions related to bespoke courses as provided in this