Terms and Conditions
BY USING OUR SITE YOU ACCEPT THESE TERMS AND CONDITIONS
Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site. These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this website, plytime.com (“Our Site”). You may wish to print a copy of these Terms and Conditions for your future reference.
These Terms and Conditions were last updated 28/01/23.
1. Introduction
1.1 Plytime Learning is a service designed for tutors to help students learn.
1.2 Plytime Learning is owned by Plytime Limited: a limited liability company registered in England and Wales under company number 12228442. Plytime’s registered office is at The Greenacres, Lymm, Cheshire, United Kingdom.
1.3 For the sake of these terms the following definitions will apply:
1.3.1 “Content” means all information of whatever kind (including information, questions, answers, performance data, videos, games, competitions, profiles, reviews), published, stored or sent on or in connection with the Website.
1.3.2 “Failed Payment” means an outstanding charge for tutoring services and access to Plytime Content for which Stripe, as instructed by Plytime, has been unable to make unable to make a successful charge against the payment details provided by the Student.
1.3.3 “Focus 15®” means a scheduled focussed, 15 minute, one to one, online tutoring session between a dedicated Tutor and a Student;
1.3.4 “Plytime/Plytime Learning/We/Us/Our” means the company Plytime Limited;
1.3.5 “Spotlight Session” means an ad hoc one to one, online tutoring session between a Tutor and a Student, focussed on a specific topic;
1.3.6“Student” means a person using Plytime to receive tutoring services and access to the Plytime Learning Platform. The Student must be at least 18 years old. Where the learner is under 18 years old, the Student will be their parent or guardian.
1.3.7 “Tutor” means the Tutor registered on the Site who wishes to use the Plytime Learning platform in order to provide Tutoring services to students;
1.3.8 “Tutor/Student Messages” means the online chat facility within the Plytime website where Tutors and Students may communicate in writing;
1.3.9 “Tutor/Student Space” means the online area within the Plytime website where Tutors and Students may interact during a Focus 15® session;
1.3.10 “User” means a person who uses our Website (whether or not they have registered an account with us)
1.3.11 “Website” means the website on the domain https://plytime.com
1.4 A User may register with Plytime Learning as a Student (or guardian of a student) or as a Tutor. On registration, certain information will be requested and stored in order to enable the services to be provided effectively. Details provided as part of the registration process will not be shared with anyone else at any time without prior approval.
1.5 By registering on or using Plytime Learning, the User agrees to be bound by these terms and conditions. If a User does not wish to be bound by these legally bound terms, they should not use the Website.
1.6 The Intellectual Property associated with the website, all services and content provided by Plytime Learning is subject to copyright, trade mark or other intellectual property rights and belongs to Plytime Limited. It must not be used or copied by any individual or organisation at any time outside Plytime Learning without prior written approval. For the avoidance of doubt content includes, but is not exclusively limited to questions, answers, performance information, videos, games and competition, methods and processes
2. Plytime Rights & Responsibilities
Plytime Learning promises:
2.1 To help Tutors support learning for Students by providing a number of services including registration, availability management, Tutor-Student matching, Plytime Learning content, games and competitions, performance tracking, brand management, session management, subscription management, payment services and access to tools to enable tutors to provide 1-to-1 tutoring via video link.
2.2 To maintain a functioning Website, including all the above-mentioned services, wherever possible. If the website is not fully functioning or available at any point Plytime Learning will use best endeavours to remedy the situation as quickly as possible. Plytime Learning will not be liable for any loss as a result of system downtime.
2.3 To communicate any planned maintenance or downtime of the website and plans to minimise impact as required.
2.4 To use reasonable endeavours to keep the Website free from viruses and anything that may harm a connected device.
2.5 To use reasonable endeavours to check the identity and suitability of all Tutors.
2.6 To use reasonable endeavours to match appropriate Tutors with Students and over time deliver a quantity of sessions that meet Tutor expectations as set out in their Ideal hours.
2.7 To provide a payment service to Tutors, taking into account the Plytime Learning fee, at the end of the following week after a Tutoring session. Payments to tutors are made on the basis of the number of tutoring sessions fully attended.
2.8 To endeavour to ensure Complaints are considered promptly and in accordance with these terms and conditions.
2.9 To monitor Tutor-Student Messages, Focus 15® and Spotlight sessions to prevent misuse of the Plytime Learning services as set out in these terms and conditions.
2.10 To protect the Plytime Learning brand in the interests of all tutors operating in the Plytime Learning Platform.
3. General User terms
3.1 By using this site and registering with Plytime Learning, you are agreeing to be bound by these Terms and Conditions together with Plytime Learning’s Safeguarding Policy and Procedures.
3.2 Users are solely responsible for the material they post in Tutor-Student Messages and they must not post defamatory, offensive or illegal material or provide or request any personal information such as contact details or social media accounts or arrange to meet or speak outside of Plytime Learning.
3.3 Users are responsible for reporting any material that is in breach of clause 3.1 as soon as possible.
3.4. Not withstanding clauses 3.2 and 3.3 Users are responsible for their own security in conjunction with the services provided by Plytime Learning.
3.5 Users must contact Plytime Learning immediately if they believe their password and or their account has been compromised. Plytime Learning accepts no responsibility for actions by other parties that may occur as a result of such compromise until Plytime Learning have been informed.
3.6 Whilst Plytime Learning uses best endeavours at all times to ensure the accuracy of information and content, it cannot be guaranteed. In the event that a User does identify any errors we would be grateful if the User would bring them to our attention as soon as possible so that we can correct them.
3.7 Users must not use the Website with the intention of engaging directly with other Users outside of the Plytime Learning platform. Users must not promote opportunities or services of any company other than Plytime Learning on the Website without prior written approval from Plytime Learning.
3.8 Any User who fails, in Plytime Learning’s opinion, to comply with these terms and conditions may be immediately suspended from the site.
3.9 Plytime Learning provides the services and tools for Tutors to help Students improve, but is not responsible for performance of Students or Tutors if they do not meet expectations. Students and Tutors are responsible for their own performance during their use of Plytime Learning.
3.10 Not withstanding clause 3.9, Plytime Learning’s brand management services will not allocate sessions to Tutors who fail to meet the minimum performance score expected of all registered Plytime Learning Tutors. If, following further training and support, a Tutor’s performance does not meet the minimum performance score within 3 months and shows no sign of improvement the Tutor’s account will be suspended.
3.11 Students must be at least 18 years old to register with Plytime Learning for themselves. Students under the age of 18 must be represented by a parent or legal guardian who gives consent for them to receive tuition from a Tutor via Plytime Learning. Plytime Learning is not responsible for any dispute between a person under the age of 18 and a parent or guardian.
3.12 Users must ensure that all of their personal details and contact information are accurate and up-to-date. Plytime Learning will contact Users by email or phone in the first instance depending upon the urgency of the contact.
3.13 From time to time Plytime Learning will operate a referral scheme such that the referee will receive a reward for recommending Plytime Learning to a new subscriber. Details of referral rewards will be visible within the Tutor Training and Student Tips and the rewards will be payable once the referred student has been a subscriber for at least 6 weeks. If the student cancels their subscription early, no referral reward will be paid. Referral fees are subject to change.
3.14 Users are responsible for ensuring that they have the correct hardware, software and internet connection available to access the platform and Focus 15® session as and when required. No refunds will be made in the event that Students are unable to access the platform unless it arises as a result of Plytime Learning failing to provide the services outlined in clause 2.
3.15 Any ideas, suggestions, survey responses, testimonials, or communication that you submit to us or information you submit or post to Tutor-Student Messages or forums will be deemed not to be confidential and may be used by us for any purpose. Plytime Learning is not responsible for maintaining any such submitted material and we may delete or destroy it at any time.
3.16 Users agree that we may record and analyse all or any part of any Focus 15® or Spotlight sessions or Tutor-Player Messages for quality control and safeguarding purposes. Plytime Learning owns all transcripts and recordings, and has the right to act upon them in accordance with these Terms and Conditions.
3.17 In accordance with the Computer Misuse Act of 1990, a User will not deliberately introduce any virus, malware or security risk onto the Plytime site.
4. Tutor specific terms
4.1 A User registered with Plytime Learning as a Tutor is self-employed and has the freedom to choose when, where and for how long they work.
4.2 Tutors are not employees of Plytime Learning and are solely responsible for their own actions both on and off the site. For the avoidance of doubt, Plytime Learning is providing a service to tutors in exchange for a fee.
4.2.1 Tutors are self employed and are responsible for managing their tax returns and National Insurance.
4.3 Plytime Learning Fees are automatically deducted by Plytime from a Tutor’s subscription revenue in exchange for the provision of the services some of which are listed in clause 2 of these terms and conditions. The Fees, which will include applicable VAT or other sales tax plus any exchange costs where applicable, are subject to change but will result in payments to tutors as specified in the Training material.
4.4 Tutors must be at least 18 years old.
4.5 Tutors must be legally entitled to work on a self-employed basis in the country where they are using Plytime Learning.
4.6 Tutors must disclose any criminal convictions or cautions they may have to Plytime Learning, including any criminal convictions or cautions received at any time after having registered a tutor account on the Website and for as long as the Tutor remains registered.
4.7 Tutors agree that their Performance will be monitored and ranked by Plytime Learning in accordance with the services provided and that availability of student sessions will at times be linked to their performance score.
4.8 Tutors agree that as part of the brand management services that are in place to maintain standards and to protect the reputation of all Plytime Tutors failure to achieve the minimum expected performance score may result in them having to undertake further training and ultimately in their account being suspended.
4.9 Tutor performance will in part relate to the feedback provided by Students in relation to services provided by the Tutor. Tutors will have full visibility of all feedback and have the right to complain if they feel the comments or scores are not a fair reflection of the service provided.
4.9.1 Tutor performance will be visible to each individual tutor but will not be published or shared with Students
4.9.2 Tutors are expressly forbidden from soliciting favourable feedback from their Students
4.10 By accepting a request to tutor a student Tutors are making a commitment to help that student to be their best through Plytime Learning and are agreeing to abide by the policies and processes laid out in these Terms and Conditions and Tutor Training.
4.11 Tutors are responsible for ensuring that they turn up on time and are fully prepared for all Tutor sessions and are able to provide the necessary guidance and support to the students. Tutors will not be paid for incomplete sessions or sessions where they have not turned up on time or forced a cancellation.
4.12 Tutors are responsible for maintaining the accuracy of their availability calendar and Ideal hours. Plytime will automatically allocate FOCUS 15® sessions to Tutors based on their availability and Ideal hours. Tutors will use all reasonable endeavours to provide any updates with the minimum notice periods as set out in the Tutor Training and accept the fact that their performance scores will be impacted by any failure to honour those minimum notice periods.
4.12.1 If a Student cancels a subscription the sessions will disappear from the Tutor session list and their availability calendar.
4.13 If a Tutor’s circumstances change and they are unable to tutor on a particular day or time but they are committed to a student at that day and time the Tutor can use Tutor/Student Messages to find an alternative mutually agreeable day and time. The Tutor will be responsible for ensuring agreement is reached with the student and the new day and time is updated on the platform. If no alternative can be found the Tutor can request a substitute tutor to cover that session and Plytime Learning will use best endeavours to find a replacement.
4.13.1 Tutors are responsible for checking and managing their availability calendar when rescheduling a single session as this one session will not be reflected in their availability calendar.
4.13.2 Tutors are responsible for checking that the rescheduled session has appeared as expected in their dashboard.
4.14 If a Tutor’s circumstances change and they no longer wish to tutor a Student on a particular day and time and cannot find a mutually agreeable alternative they can request for the Student to be re-allocated to another Tutor and Plytime Learning will use best endeavours to find a replacement as soon as possible. In such circumstances it is expected that the Tutor will then update their availability calendar to ensure other sessions are not allocated on that same day or time.
4.15 Whilst it is accepted that Tutor circumstances can and will change, in the interests of the brand reputation, Plytime Learning reserves the right to suspend Tutor accounts in the event that tutors change sessions too often such that it may impact negatively on a Student’s performance and confidence.
4.16 Students or Guardians may request Tutor sessions to be cancelled or moved by submitting a request to the Tutor via the Plytime Tutor/Student Messages. Assuming the required notice is given, the Tutor should either try to find an alternative mutually agreeable day and time for the session or cancel it in their calendar and inform the Student of all changes.
4.17 Tutors accept that should a student request to cancel a Focus 15® , with the appropriate notice provided, Plytime Learning will not be liable to the Tutor for any lost earnings resulting from that cancellation.
4.18 If a student requests to cancel a Focus 15® session without providing appropriate notice, or does not attend a session then the Tutor will still receive payment for services rendered.
4.19 Tutors shall indemnify Plytime Learning for all claims and liabilities arising out of any use or misuse by the Tutor of the Website, including any costs and expenses incurred.
4.20 The Tutor must not take unfair advantage of Plytime Learning’s reputation and will not attempt to damage it in any way.
4.21 The Tutor must not use the Plytime Learning logo or any other trademarked/copyrighted material without the express written permission of Plytime Learning.
4.21.1 The Tutor should be aware and follow all clauses in concern to copyright law as stated in Chapter III of the copyright, designs and patents act of 1998, ‘Acts Permitted in Relation to Copyright Work’.
4.22 All Tutors must comply with all appropriate sections of the Tutors’ Association Child Protection Policy, whether or not they are a member of the Tutors’ Association, and all relevant legislation and government guidance. The Policy can be found at this link
4.23 All Tutors warrant that should they use any materials not provided by Plytime Learning in connection with providing tutoring services to Students as part of Plytime Learning represent they are entitled to do so and are not in breach of any copyright law that may exist.
4.24 A Tutor is expressly prohibited from entering into a direct financial interaction with any Plytime Students outside of the Plytime platform.
4.25 Tutors are responsible for ensuring that they have the appropriate hardware, software and internet connections to run the Focus 15® sessions effectively.
4.26 Any tutor signing up as a Plytime Tutor is automatically confirming acceptance of Plytime Learning policies and terms and conditions.
5. Focus 15® Sessions
5.1 Through FOCUS 15® sessions Plytime Learning is providing a service to approved tutors to help students learn. The provision of that service is the responsibility of the Tutors.
5.2 Plytime Learning will use their best endeavours to match appropriate tutors with students for Focus 15® sessions. However if the student is not happy with their tutor they can request to change their dedicated tutor for whatever reason by getting in touch with Plytime Learning at student@plytime.com.
5.3 As soon as a student has chosen the day and time of their Focus 15® session and it has been accepted by their dedicated tutor, the individual sessions will appear in the student’s session list and the Tutor’s calendar. Students and Tutors are responsible for ensuring those details appear as expected and informing Plytime Learning of any issues if not.
5.4 Individual Focus 15® sessions can only be cancelled or moved by a Tutor. If a Student wants to move or cancel a Focus 15® they must do so by submitting a request to the Tutor via the Plytime Tutor/Student Messages.
5.5 In the event that a tutor gives notice of absence, either temporary or permanent, Plytime Learning reserves the right to substitute another tutor into a session. In the event that a substitute cannot be found and the session is cancelled the appropriate refund will be issued.
5.6 If a tutor fails to turn up for a session the student should contact the tutor through Messages to check why the session has been missed and whether it can be rescheduled. An appropriate refund will be issued.
5.7 In the event that a Student is unable to attend a Tutor session they must notify their Tutor via Plytime Tutor/ Student Messages providing at least 12 hours-notice to prevent the session from being lost. If sufficient notice is provided the student’s subscription will be extended by an additional free week.
5.8 If the Student does not provide sufficient notice or does not attend a session without prior notice then that session will be lost with no right to a refund.
5.9 If Students or Tutors wish to change the day and/or time of their Focus 15® session they can communicate via Tutor-Student Messages to agree a mutually acceptable time. Tutors will be responsible for updating the schedule with the new agreed day and/or time. Payment schedules may be changed based on the new dates
5.10 A parent can edit the number of FOCUS15® sessions in their subscription up or down at any time and in doing so accept that the payment will be amended accordingly without going through the Stripe interface again. The effect of those changes will take place after the next payment is taken in Stripe.
6. Subscriptions Payments and Rewards
6.1 By subscribing to Plytime Learning the Student and/or their legal guardian or representative authorises Plytime Learning to take weekly payments by direct debit for the duration of the subscription. Payments will be collected via Stripe on behalf of Plytime Learning every week, in advance of the planned Focus 15® tutor sessions.
6.2 Students are responsible for providing Plytime Learning with the correct financial details and maintaining the accuracy of those details and having sufficient funds in place to take such payments. If payment cannot be taken the Student’s account will be suspended until payment is made with no access to Plytime Learning content.
6.3 By subscribing to Plytime Learning the Student and/or their legal guardian acknowledges that subscriptions will continue to run indefinitely and that they are responsible for modifying, cancelling or adding to their subscription at any time as they wish.
6.4 The amounts to be paid will be clearly visible when taking out the subscription and will be fixed for the duration of the subscription, subject to any special offers. Plytime Limited will change the advertised rates from time to time, but this will only effect new subscriptions and renewals.
6.5 The first payment for a subscription will be taken, on submission of the subscription form, for an amount that covers all sessions scheduled within the next 7 days. The next payment will be taken in the morning, exactly 7 days later, for an amount covering all scheduled sessions within the following 7 days.
6.6 If a Student or their legal guardian cancels a subscription that includes FOCUS Tutoring they will be entitled to attend all sessions covered by their final payment. No refunds will be issued for those sessions.
6.7 If a Student cancels a subscription that includes FOCUS Tutoring before their first tutor session they will be issued with a refund.
6.8 When a Student adds a new subscription, they can request the same tutor by using the Tutor Referral Code. Students acknowledge that the tutor might not have availability to meet their request in which case the student may need to request a different dedicated tutor.
6.9 When a Student subscribes to Plytime they are entering into a direct contract with the Tutor for access to Plytime content and the provision of tutoring sessions via video link and Plytime Learning accepts no liability in relation to the Tutor’s provision of those services at those sessions.
6.10 A Student is expressly prohibited from entering into a direct financial interaction with any Plytime Tutors outside of the Plytime platform.
6.11 A Student will be entitled to earn tokens for answering and reviewing questions with a paid subscription. If at any time a student believes their token account is incorrect they can contact Plytime customer services at student@plytime.com to investigate. Plytime customer services will use best endeavours to respond within 48 hour and will amend the account if fault has been found or will explain why they have not done so.
6.12 The reward scheme is intended to motivate students. If Plytime Learning or the Plytime Tutor suspect student or parents are “gaming” the system for gain, all their tokens will be removed. For example if it appears that a parent is answering questions on behalf of the student in order to earn more tokens.
6.13 Rewards will only be granted after a subscription has been paid for at least 4 weeks. For the avoidance of doubt a free trial does not constitute a paid week.
6.14. When a student redeems a reward it is assumed that the parent or guardian has approved that decision. A confirmation will be sent to the parent email and it is the parent or guardian’s responsibility to contact Plytime customer services at student@plytime.com as soon as possible if they do not agree. If no response has been received within 48 hours, the reward will be activated and sent out.
7. Tutor Referrals
7.1 Tutors will be provided with a personal referral code that they can offer to future students who are interested in taking out a new subscription
7.2 If a new student takes out a subscription and enters the tutor’s referral code when selecting their tutor availability, the tutor will be entitled to a referral reward, subject to 7.7
7.3 The referring tutor will also receive a weekly referral bonus for every week the student maintains their subscription, subject to 7.7
7.4 Fees relating to the referral reward and weekly referral bonus payments will be updated in the Plytime Tutor forum on Facebook.
7.4.1 Tutors can also request details via tutor@plytime.com at any time
7.5 Tutor referrals will be paid as part of the weekly tutor payments. The referral reward plus the first six weeks referral bonus will be included in the payment week following the sixth consecutive week of the subscription. Further referral bonus payments will be made weekly in line with the sessions run.
7.6 When entering a referral code, the student will also be able to specify whether they only wish to see availability relating to the referring tutor or all Plytime tutors.
7.6.1 Should the student choose the referring tutor, then the referring tutor will also benefit from becoming the dedicated tutor for that student.
7.6.2 Should the student choose a different tutor, the referring tutor will still be entitled to the referral reward and weekly referral bonus payments, despite not tutoring that student.
7.7 The Referral reward and weekly referral bonus payments will only be due to tutors once a referee has signed up for a new subscription and continued that subscription, making continuous payments, for at least 6 consecutive weeks.
7.8 In addition, the new student will also receive a referred student discount when they enter the tutor referral code as a discount code in the Stripe checkout.
7.9 Referred student discounts are currently 25% per new subscription for 1 month.
7.10 A new subscription is defined as a subscription taken out by a student who has not had a live subscription within the previous 6 months.
7.11 Plytime Learning reserves the right to change the scheme and amounts paid at any time.
7.12 Plytime Learning reserves the right to withdraw the scheme from any users who mis-use or abuse the scheme.
8. Parent Referrals
8.1 Parents will be provided with a personal referral code that they can offer to friends who may be interested in taking out a new subscription with Plytime Learning.
8.2 If a new student takes out a new subscription and enters the parent’s referral code in the referral box when selecting their tutor availability, the referred student will be entitled to a referral reward as specified here
8.3 If a new student takes out a new subscription and enters the parent’s referral code, the referring parent will be entitled to a referring reward as specified here
8.4 Referral rewards will only be payable after the new student has completed 6 consecutive paid weeks of their new subscription.
8.5 Cash payments will either be paid as credits against existing subscriptions or via PayPal email and the decision as to which payment method is used will be at the sole discretion of Plytime
8.6 A new subscription is defined as a subscription taken out by a student who has not had a live subscription within the previous 6 months.
8.7 Plytime reserves the right to change the scheme and amounts paid at any time.
8.8 Plytime reserves the right to withdraw the scheme from any users who mis-use or abuse the scheme.
9. Advertising
9.1 Plytime Learning will from time-to-time host advertising for approved brands as part of their “Advertising For Good” initiative (AFG).
9.2 Plytime Learning is committed to using the net proceeds of AFG to achieve its mission of reducing the cost of 1-to-1 tutoring and we hope users will support us in that pursuit.
9.3 Tutors agree that Plytime Learning will provide Advertising for Good services on their behalf in order to reduce the cost of student subscriptions.
9.4 All advertising will be in keeping with Plytime Learning policies and ethics and will follow legal guidelines with regards to advertising to children. All advertisers are bound by our advertising terms and conditions which require that adverts will not under any circumstances be offensive or misleading.
9.5 Plytime Learning is not represented by any of the advertising companies that may be part of the AFG initiative. If Plytime Learning feels that, at any time, any advertisers present imagery or messages that are not in keeping with Plytime Learning’s policies or ethics then the partnership will be terminated immediately.
9.6 Plytime Learning will also use the platform and email and phone media to advertise to users as appropriate. We hope that Users understand the benefits of AFG to our student community but if they do not want to receive any further correspondence from Plytime Learning they can enter their account at any time and request for emails to stop.
9.7 For the avoidance of doubt, as the intention of AFG is to benefit students we reserve the right to continue to advertise to students through various media including, but not limited to, emails and text when their subscription has lapsed or they no longer provide Tutoring services via the platform.
10. Complaints
- We take all complaints seriously
- We attempt to remedy complaints as soon as possible to the reasonable satisfaction of our users
- We will not tolerate abusive or aggressive behaviour to staff or other users
10.1 Complaints made by Users should be communicated in writing by email to either contact@plytime.com or your nominated account manager, providing as much information as possible to enable us to investigate. Plytime Learning will use best endeavours to resolve the complaint as soon as possible to the satisfaction of all concerned, in accordance with these terms and conditions and the complaints procedure.
10.2 Where Complaints relate to the quality of a service provided by Plytime Learning, the complaint should be made as soon as possible, but within 72 hours of the provision of the service in question. Plytime Learning will investigate the complaint and reply in writing by email within 48 hours.
10.3 If a parent or student is unhappy with the service provided by their Tutor, they have the right to be assigned an alternative tutor. Please contact us as soon as possible, letting us know what your concern is so that we can improve the service in future, and we will make the necessary arrangements.
10.4 Should Plytime Learning inform a Tutor of a Student’s complaint about their service, the Tutor will respond in writing by email within 48 hours to agree or dispute the claim. Based on the individual circumstances of each complaint Plytime Learning will determine the appropriate resolution and communicate it to the concerned parties.
10.5 Should a complaint come from a Tutor in relation to feedback provided by a Student, or the behaviour of a student or parent, Plytime Learning will investigate the complaint and reply to the Tutor in writing by email within 48 hours. If in Plytime Learning’s opinion the complaint should be upheld the feedback and associated feedback and score will be removed.
10.6 In keeping with the Plytime Malpractice and Whistleblowing Policy, where an individual wishes to make a complaint they should do so without fear of reprisal. The Company will treat all such complaints in a confidential and sensitive manner. The identity of the individual making the allegation will be kept confidential so long as it does not hinder or frustrate any investigation. However, the investigation process may have to reveal the source of the information and the individual making the complaint may need to provide a statement as part of the evidence required.
11. Safeguarding
11.1 Plytime Learning seeks to provide the best service possible and provide a safe experience in which all Students of any age can learn and all Tutors can support learning. See also our Safeguarding Policy and Procedures
11.2 Plytime Learning will not share any Student or Tutor details at any time other than first names and avatar names.
11.3 When games are played with other students all players will be visible only as their chosen avatar and user name and will not be able to communicate with each other through the platform.
11.4 Users are solely responsible for the material they post in Tutor-Student Messages, and they must not post defamatory, offensive or illegal material or provide or request any personal information such as contact details or social media accounts or arrange to meet or speak outside of Plytime Learning.
11.5 If Students or their legal guardians or representatives or Tutors believe the safeguarding of anyone using Plytime Learning services is at risk they should report their concerns as soon as possible to Plytime Learning.
11.6 All advertising visible on Plytime Learning will be appropriate to our Users and will not under any circumstances be offensive or misleading.
12. Disclaimers and Limitation of Liability
12.1 Plytime Learning shall not be liable for any loss or damage caused by it or its employees in circumstances where there is no breach of a legal duty of care owed by Plytime Learning or by any of its employees or where such loss or damage is caused by the User, for example by not complying with these terms.
12.2 In the event that a User believes Plytime Learning has not delivered its responsibilities as expected all Users must give Plytime Learning a reasonable opportunity to remedy any matter before incurring any costs remedying the matter themselves.
12.3 In the event that loss or damage has been caused by the User Plytime Learning will use all reasonable efforts to mitigate any losses, to the extent permitted by law and the User will be liable for any reasonably foreseeable loss or damage Plytime Learning suffers arising from the User’s breach of these terms and conditions or misuse of the Website.
12.4 Users responding to an Advertisement on Plytime Learning do so at their own risk and take full responsibility for their actions. Whilst Plytime Learning will use all reasonable endeavours to ensure the appropriateness of all AFG, if you click on a link from Plytime Learning either within the site or on an email or text to a third party website you acknowledge and agree that we have no responsibility for the content, products, services or other materials which may be provided by the third party.
13. Termination
13.1 Failure to comply with these Terms and Conditions and Safeguarding Policy/Procedures constitutes a material breach of the terms upon which you are permitted to use the Plytime Limited site, Tutor/Student space and gamified learning area. In the event that Plytime believes that these terms have been broken then Plytime may take any of the following actions at their discretion:
13.1.1 immediate suspension of the Tutor/Student’s account and access to the site and any services available on the site until a thorough investigation has taken place;
13.1.2 immediate removal of any posting or material the Tutor/Student may have uploaded on to the Tutor/Student Messages;
13.1.3 immediate cancellation of any outstanding Focus 15® sessions the Tutor or Student may have;
13.1.4 legal action against the Tutor/Student for reimbursement of any and all damages and costs resulting from the breach in the terms;
13.1.5 disclosure of any relevant information to any law enforcement authorities or third party complainants if Plytime Limited feels it is necessary or required;
14. Changes to these terms and conditions
14.1 Plytime Learning may alter these terms and conditions at any time. Any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. Therefore, Users are advised to check the terms and conditions page every time they log on to Our Site.
14.2 If you do not agree to any changes Plytime Learning makes to these Terms and Conditions, you must cease using the site and the platform.
14.3 If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise
15. Governing Law & Jurisdiction
15.1 These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of England.
15.2 If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.
16. International Users
16.1 At the moment Plytime Learning is focused on Users located in the United Kingdom, but in the future Plytime Learning may be available internationally. Use the ‘Contact Us’ page on the Plytime website to register your interest in Plytime Learning becoming available in your country