Daresne Limited: Tutor Terms and Conditions (United Kingdom)

Last updated on: 20th January 2025

Welcome to Daresne!

We’re excited to have you here, but before you explore everything Daresne has to offer, please take a moment to review these Terms and Conditions (hereinafter “T&Cs”). By using our website, www.daresne.com (“Our Site”, “Website”, “Platform”), you acknowledge and agree to these Terms and Conditions. They, along with any policies or documents we reference, govern how you can use Our Site and the services we provide.

If you do not accept these Terms and Conditions, we kindly ask you to stop using Our Site immediately.

1. Introduction

These Terms and Conditions establish the rules, responsibilities, and obligations for tutors (hereinafter referred to as “Tutors” or “You”) who collaborate with Daresne (“the Company” or “We”). By agreeing to work with Daresne, you acknowledge that this is a legally binding agreement and agree to comply with these T&Cs at all times without exception. Adherence to these terms is essential to fostering a collaborative, productive, and safe environment for all parties involved.

2. Definitions and Interpretations

2.1 In these Terms and Conditions, the following definitions apply:

“Company” refers to Daresne Ltd, a company registered in England and Wales, whose registered office is in the United Kingdom.
“Tutor” means any individual providing educational services through the Company’s platform.
“Student”/”User” refers to any individual receiving tutoring services through the Daresne platform, including minors (under the age of 18) under the supervision of parents or guardians.
“Platform” refers to the Company’s website under the domain https://www.daresne.com and all associated sub-domains, tools, or software used to facilitate tutoring services.

2.2 Any reference to statutes or statutory provisions within these T&Cs shall include any amendments, re-enactments, or extensions, ensuring ongoing compliance with current legal standards.

2.3 Daresne reserves the right to amend or update these Terms and Conditions at its sole discretion. Any changes will be communicated to Tutors via email or through the platform. By continuing to use the platform after such changes are notified, Tutors are deemed to have accepted the updated terms. The governing law outlined herein applies only insofar as it does not override the mandatory legal protections afforded to Tutors under the laws of the jurisdiction in which they habitually reside.

2.4 These T&Cs apply to all individuals registered on the platform as Tutors. They set out the rights, obligations, and responsibilities of Tutors when accessing the platform and using its features and services. No individual is permitted to provide tutoring services via the Daresne platform unless they have successfully completed the registration process, including all required safety and compliance checks.

3. Tutor Engagement and Professional Status

3.1 The Tutor acknowledges that their engagement with the Company is on a self-employed, freelance basis as a sole trader. Nothing in these Terms and Conditions shall be construed as creating an employment relationship between the Tutor and the Company. The Tutor further agrees, at their sole responsibility, that they have the legal right to work as a sole trader and are fully responsible for complying with all relevant legal and regulatory requirements in relation to their self-employed status.

3.2 The Tutor is solely responsible for their own tax liabilities, National Insurance contributions, and any other statutory obligations arising from their self-employment. Daresne is not equipped to provide, and does not offer, financial advice. The Tutor, as well as any other relevant parties, is encouraged to seek independent professional advice to ensure full compliance with applicable tax laws and regulations.

3.3 The Tutor shall not, under any circumstances, present themselves as an employee, partner, or authorised agent of the Company. The Tutor is strictly prohibited from representing Daresne in any legal, contractual, or financial capacity, or from engaging in activities beyond the scope of their role as a Tutor, unless explicitly authorised in writing by Daresne or through formal onboarding into the Company’s partner programmes. Notwithstanding this, the Tutor assumes full responsibility and liability for all matters arising from the provision of tutoring services to any involved party, to the fullest extent permitted by law.

4. Tutor Responsibilities

4.1 The Tutor agrees to deliver high-quality educational services in accordance with professional standards and the Company’s policies. The Tutor acknowledges that they are solely responsible for their actions while providing tutoring services through the Company’s platform and agrees to conduct themselves in a professional manner at all times, treating all Students, Parents, and Company personnel with respect. The Tutor further understands that any failure to meet these standards may result in corrective action, up to and including termination of the agreement.

4.2 The Tutor must hold and maintain any qualifications, certifications, or licenses required to deliver the agreed tuition services. The Tutor agrees to provide evidence of such qualifications, certifications, or licenses to the Company upon request, and ensures that they remain compliant with all regulatory requirements for the duration of their engagement.

4.3 The Tutor is strictly prohibited from engaging in any form of harassment, bullying, discrimination, or inappropriate behaviour, including but not limited to derogatory, xenophobic, or offensive language. The Tutor agrees to conduct all interactions with Students, Parents, and Company personnel without regard to race, color, religion, gender, sexual orientation, age, national origin, disability, or any characteristic protected by law. The Company reserves the right to take disciplinary action, up to and including immediate termination of tutoring services and access to the platform, for any violation of this policy. In addition, the Company reserves the right to seek legal action where necessary.

4.4 The Tutor is expressly forbidden from soliciting personal information from students, including but not limited to contact details, social media information, or addresses. Any form of sexual harassment, inappropriate communication, or sharing of explicit content with Students is strictly prohibited and will result in immediate termination of this agreement, with potential legal action pursued as appropriate.

4.5 The Tutor must comply with all applicable laws, including safeguarding and child protection legislation, official government guidance, and any other relevant legal requirements when delivering services to Students. Tutors are required to adhere to The Tutors’ Association Child Protection Policy (accessible at https://img1.wsimg.com/blobby/go/1a668a6b-1c3c-4fdd-ad54-243a369a420a/downloads/1cksgq6k5_30316.pdf), regardless of their membership status with the Association. Tutors must also comply with Daresne’s Safeguarding Policy and Tutor Code of Conduct, ensuring the highest standards of professionalism, safety, and ethical behaviour. Failure to comply with these policies and legal obligations may result in immediate termination of the Tutor’s access to the platform, and the Company reserves the right to take legal action if necessary.

4.6 The Tutor must notify the Company immediately of any circumstances that may affect their ability to deliver lessons, including but not limited to illness, unavailability, tutoring pause, or withdrawal from the platform. Failure to provide timely notice may result in suspension or termination of services.

4.7 Any materials created by the Tutor for lessons, including but not limited to lesson plans, worksheets, and presentations, shall remain the intellectual property of the Tutor unless expressly assigned to the Company in writing. However, the Tutor grants the Company a non-exclusive, royalty-free licence to use these materials solely for the purpose of providing tuition services through the Platform. The Tutor affirms that they retain all ownership rights over such materials, subject to the grant of licence above.

4.8 The Tutor agrees to maintain the confidentiality of any information relating to the Company, its Students, or their families, and shall not disclose such information to any third party without prior written consent from Daresne. These confidentiality obligations shall remain in effect after the termination of the Tutor’s engagement with the Company.

5. Background Checks and Compliance

5.1 To work with Daresne on a self-employed basis, the Tutor must provide an Enhanced DBS (Disclosure and Barring Service) Check certificate or its international legal equivalent. Additionally, all Tutors are required to undergo an interview and subject testing process to verify their qualifications and ensure their ability to deliver high-quality, effective tutoring in line with UK legal standards and Daresne’s requirements. This check must be completed, submitted, and verified by Daresne’s compliance team before any tutoring services can commence.

5.2 If a criminal record or equivalent background check is not in English, the Tutor must provide an English translation completed by an accredited sworn translator to ensure accuracy and legal compliance.

5.3 Daresne retains the right to request updated Enhanced DBS checks or equivalent documentation from Tutors at regular intervals to uphold our safety and compliance standards. Failure to provide the requested documents within the specified timeframe may lead to suspension or termination of the Tutor’s access to the platform. These rigorous background check requirements are integral to Daresne’s commitment to maintaining a safe, ethical, and high-quality learning environment for all Students.

5.4 The Tutor acknowledges and agrees to the Company’s right to conduct periodic and random quality control checks of tutoring sessions. These checks may include, but are not limited to, audio and/or video recording, live observation, post-session review, and Student feedback. The purpose of these checks is to ensure the quality of tutoring services, monitor platform performance, and identify areas for improvement.

5.5 The Company reserves the right to suspend or terminate the Tutor’s engagement if they fail to meet the requirements set out in these T&Cs.

6. Lesson Scheduling and Cancellation

6.1 The Tutor must promptly respond to lesson requests and scheduling changes communicated through the Platform or directly by the Company.

6.2 Tutors are required to honour their stated availability to minimise cancellations. In the event of unforeseen circumstances preventing a Tutor from conducting a scheduled trial lesson, they must promptly notify Daresne’s support team via WhatsApp at +44 (020) 8144 4482. Trial lessons should be cancelled no less than 24 hours in advance to allow adequate time for arranging a replacement Tutor. While genuine emergencies are recognised, Tutors are expected to cooperate in resolving such situations efficiently and professionally. Failure to inform the Company in a timely manner will result in a penalty fee of £30 paid by the Tutor in the form of deduction from the Tutor’s monthly balance.

6.3 Tutors may reschedule regular lessons up to two hours before the scheduled start time, provided the Student agrees to the change. However, frequent or excessive cancellations may lead to a formal warning or termination of the Tutor’s agreement with Daresne. While flexibility is appreciated, maintaining reliability is crucial to ensuring a positive experience for Students. Consistent and timely lesson management enhances the Tutor’s chances of being matched with new Students, at Daresne’s discretion. Failure to attend a regular lesson without prior notice will result in an automatic £14 penalty fee for the Tutor.

6.4 The Tutor acknowledges that frequent cancellations or rescheduling of lessons may result in the termination of their engagement with the Company.

7. Payment Terms

7.1 The hourly rate for tutoring services is fixed and determined by the Company during the registration process. This rate is considered the standard lesson rate and will not be subject to increase except under specific circumstances. Periodic increases to the hourly rate may occur and will be communicated to eligible Tutors based on factors such as performance, number of lessons completed, positive feedback, and other relevant criteria. Tutors may also qualify for additional tutoring bonuses, which will depend on when they register and whether they meet the criteria set by the Company.

7.2 The Tutor is required to provide tutoring services at the predetermined hourly rate as agreed with the Company.

7.3 All details of compensation, including hourly rates, bonuses, golden awards, and other remuneration, are considered confidential and must not be disclosed to Students, parents, guardians, or any third parties associated with the Company’s customers.

7.4 The Company reserves the right, at its sole discretion, to implement, modify, or terminate bonus programmes at any time.

7.5 Eligibility for bonus programmes may be suspended or terminated for Tutors who demonstrate unsatisfactory performance or against whom substantiated complaints are received, while the hourly rate remains unaffected in such cases.

7.6 Payments to Tutors will be made via bank transfer between the 5th and 10th of the following month. Under certain specific circumstances, payments may be processed earlier or later than these dates. However, Daresne strives to ensure that payments are made in a timely manner at all times.

7.7 To qualify for payment, Tutors must accumulate a minimum balance of £100 in their tutoring earnings dashboard for the relevant month. If this minimum is not met, the payment will be deferred to the following month, provided that the total balance owed to the Tutor exceeds £100.

7.8 It is the Tutor’s responsibility to provide accurate and complete bank account details to facilitate payment processing. Failure to provide correct bank account details may result in the loss of the Tutor’s earnings for the month, and the Company shall not be held liable for such losses.

7.9 In the event of any errors in the bank account details provided by the Tutor, the Tutor must promptly notify the Company to rectify the issue and avoid delays in payment processing.

7.10 If the Tutor changes their bank account details, they must inform the Company at the earliest opportunity to ensure the updated information is reflected in the payment system.

7.11 Payments to Tutors are processed in British Pounds Sterling (GBP). As for Tutors with bank accounts located outside the UK, payments will be converted to EUR or USD at the prevailing market exchange rate at the time of transfer.

7.12 Any currency conversion fees resulting from payment processing for non-UK bank accounts shall be borne solely by the Tutor.

7.13 Tutors with UK-based bank accounts will not incur transfer or currency conversion fees. However, Tutors with non-UK bank accounts may have bank transfer fees or currency conversion fees automatically deducted from their payments.

7.14 The Company is not liable for any losses, damages, or costs incurred by Tutors due to currency conversion, fluctuations in exchange rates, or international bank transfer fees associated with payments.

7.15 Payments may be withheld by the Company if there are ongoing investigations into breaches of the agreement or if a breach is reasonably suspected. The Tutor shall be informed of any withheld payments and the reasons for such action, subject to applicable privacy and company laws.

7.16 Any disputes regarding payments must be raised by the Tutor within 30 days of the payment date. Daresne shall make reasonable efforts to resolve any payment disputes promptly; however, failure to raise disputes within the specified timeframe may result in the forfeiture of any claim to the disputed payment.

8. Limitation of Liability

8.1 Daresne operates as a comprehensive platform that connects Tutors and Students, offering various services to facilitate the tutoring process. However, Daresne does not assume responsibility for any content provided by Tutors or Users, including but not limited to illegal, incomplete, or inaccurate content. The Company is not liable for any damages, losses, or claims arising from the use or non-use of such content or services. Furthermore, Daresne disclaims responsibility for any actions or omissions of Tutors in the delivery of tutoring services, and the Tutors remain solely liable for their conduct and the content they provide.

8.2 The Tutor acknowledges and agrees that they are engaged on a self-employed, freelance basis and are solely responsible for the delivery of their services, including the fulfilment of all obligations owed to Users. The Tutor further agrees to indemnify, defend, and hold Daresne, its officers, employees, agents, and affiliates harmless from and against any and all claims, damages, losses, liabilities, costs (including legal fees), or expenses arising directly or indirectly from any breach of these T&Cs or any act or omission by the Tutor in the performance of their tutoring services, including any harm or loss caused to any User or third party.

8.3 The Tutor accepts full liability for the accuracy, suitability, and effectiveness of the tutoring services they provide, including the content and materials used, the methods of instruction and teaching practices applied, and their interactions with Students and Users. This responsibility also extends to critically reviewing any content shared by other Tutors, Users, or third parties on the Platform.

8.4 To the fullest extent permitted by law, Daresne shall not be liable for any indirect, incidental, or consequential losses, damages, or costs, including but not limited to loss of income, revenue, business opportunities, or reputational damage, arising from or in connection with the use of the Platform, the provision of tutoring services, or any other related services, even if Daresne has been advised of the possibility of such losses or damages.

8.5 While Daresne strives to maintain a secure, reliable, and fully functional Platform, it shall not be held liable for disruptions, technical errors, or delays affecting tutoring sessions, including software malfunctions, internet connectivity issues, or unauthorised access or security breaches.

8.6 The Tutor agrees to indemnify, defend, and hold harmless Daresne, its officers, employees, agents, and affiliates from any and all liabilities, claims, demands, actions, or proceedings arising from the provision of tutoring services or any content posted by the Tutor on the Platform. This includes, but is not limited to, claims made by other Tutors, Users, or third parties, whether civil, criminal, judicial, or extrajudicial in nature. The indemnification shall cover all penalties, legal defence costs, damages, and any other expenses incurred in connection with such claims.

8.7 Nothing in these T&Cs shall limit or exclude liability for gross negligence, intentional misconduct, or any other liability that cannot be excluded or limited under applicable law. Daresne shall not be liable for slight negligence, except in cases involving personal injury or where such liability cannot be excluded under relevant law.

9. Tutor's Reporting Obligations

Daresne is dedicated to creating a safe and supportive environment for all Students, Tutors, Parents or Guardians, partners, and any third parties. We take the safety and well-being of everyone involved with the utmost importance. To uphold this commitment, Tutors must adhere to the following obligations:

9.1 Tutors must be vigilant in recognising and addressing any signs of abuse, neglect, or exploitation. If a Tutor suspects that a Student is being harmed or is at risk of harm, they are legally obligated to report their concerns immediately to Daresne at safeguarding@daresne.com and, in case of immediate danger situations, to the relevant authorities in accordance with UK safeguarding laws and Daresne’s Safeguarding Policy.

9.2 Any concerns or suspicions regarding a minor’s safety must be reported promptly. This includes incidents that occur during tutoring sessions, communications outside of sessions through Daresne’s approved channels, or disclosures made by the student. Tutors must notify both Daresne’s designated safeguarding team and, when applicable, the appropriate safeguarding authorities without delay.

9.3 Tutors are required to fully cooperate with any investigations carried out by Daresne, safeguarding authorities or law enforcement. This includes providing accurate and relevant information, attending interviews, and assisting in the investigation process as necessary.

9.4 Safeguarding is an ongoing obligation for all Tutors. Tutors must remain vigilant throughout their engagement with Daresne, consistently monitoring the safety and well-being of Students. They are also expected to stay informed about the latest safeguarding practices and adhere to Daresne’s Tutor Code of Conduct to maintain a secure learning environment.

10. Lesson Booking, Communication, and Platform Usage

10.1 Tutors are required to use Daresne’s platform and approved communication channels solely for providing educational services. Tutors must use Daresne’s online platform exclusively for conducting lessons and managing educational activities, and all platform interactions and communications must comply with Daresne’s policies and standards, remaining professional, respectful, and aligned with Daresne’s conduct standards.

10.2 Tutors must maintain the confidentiality and security of their login credentials. Sharing login information with unauthorised persons is strictly prohibited.

10.3 To guarantee responsibility and adherence to safety regulations, all communication between Tutors and Students must take place through Daresne-approved channels. Unless parents or guardians explicitly consent to the inclusion of minor students, tutors must connect with parents or guardians through the aforementioned channels for Students under the age of 18.

10.4 The Tutor agrees to obtain explicit consent from the Student or their parent/guardian before scheduling any lessons. If the Student states the need and/or requests more lessons, the Tutor is encouraged to promote the purchase of additional credits exclusively through the Platform.

10.5 Tutors must verify a student’s credit balance before booking a lesson. Lessons booked for students with insufficient credit may result in unpaid services. Tutors are responsible for familiarising students with the platform’s functionalities, including credit management and lesson scheduling.

10.6 Daresne assigns students to Tutors based on factors such as skill level, professionalism, qualifications, language proficiency, subject expertise, and shared interests. Assignments are made at the Company’s sole discretion, and Tutors have no right to select or preselect students during the trial lesson stage.

10.7 All lessons must be conducted within the designated lesson space on the platform. Sharing lesson links outside the platform is strictly prohibited except in emergencies or technical difficulties, with documentation required to verify lesson attendance.

10.8 All communication via Daresne-approved channels and groups must adhere to applicable data protection laws and ensure the confidentiality of shared information.

10.9 The Tutor agrees to maintain confidentiality of the access data that Daresne provides. Any activity arising from the Tutor’s account is their responsibility.

10.10 Daresne reserves the right to restrict or fully discontinue the services provided through the Platform at any time, without the obligation to provide a reason. Any significant changes or limitations to the services will be communicated on the Platform with reasonable advance notice.

10.11 Any suspension, restriction, or discontinuation of services shall not affect the validity or enforceability of these T&Cs. Daresne reserves the right to amend or update these T&Cs only in accordance with the procedure outlined in Clause 2.3 herein.

11. Marketing and Promotional Activities

11.1 Daresne reserves the right to use the Tutor’s name, image, likeness, and biographical information, as well as any content in writing, video, or audio shared by the Tutor on the Platform for marketing and promotional purposes related to the Company’s services. Tutors may promote their services on personal platforms provided they do not conflict with Daresne’s policies.

12. Intellectual Property Rights

12.1 All content, materials, lesson plans, and resources provided by Daresne are the intellectual property of the Company. Any content created by the Tutor for use on the platform is “work made for hire” and owned exclusively by Daresne. Tutors agree not to distribute Daresne’s intellectual property outside the platform without prior written consent.

13. Tutor Replacement Requests

13.1 If a replacement is requested, Daresne will communicate this decision transparently with the Tutor, providing constructive feedback where applicable.

13.2 Tutors who are replaced will remain in good standing with the platform, and Daresne will prioritise them for other student matches when opportunities arise.

13.3 Tutors agree not to contact the student or their family after a replacement has been requested unless authorised by Daresne. This ensures a smooth transition and maintains professionalism.

14. Data Protection and Privacy

14.1 The Tutor agrees to comply with all applicable data protection laws, including the UK General Data Protection Regulation (GDPR), when handling personal data of Students, parents, or other parties.

14.2 The Tutor must ensure that any student information, including lesson plans, assessments, and personal data, is stored securely and used only for the purpose of providing tutoring services.

14.3 Sharing student information with unauthorised third parties is strictly prohibited. Any breach of this obligation may result in immediate termination and legal action.

14.4 If the Tutor becomes aware of any data breach, they must report it immediately to Daresne’s Data Protection Officer (DPO) to enable prompt resolution and compliance with legal obligations.

15. Governing Law and Jurisdiction

15.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any claim or dispute arising under or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15.2 All legal actions brought against Daresne by a Tutor in connection with disputes arising from the contractual relationship shall fall under the exclusive jurisdiction of the courts in England and Wales. This does not, however, limit the Tutor’s right to initiate proceedings in any other legally permissible jurisdiction.

16. Termination of Agreement

16.1 The Tutor and Daresne may terminate this contractual relationship at any time effective immediately after its establishment by successful registration and onboarding of the Tutor on the Platform. Nevertheless, termination by either party must not impede Daresne’s ability to process and settle any ongoing tutoring services.

16.2 Upon termination, the Tutor agrees to cease using all Daresne resources and return or delete any confidential information obtained during their engagement.

17. Miscellaneous

17.1 These T&Cs constitute the entire agreement between the Tutor and Daresne, superseding any prior agreements or understandings, whether written or oral. In the event of any conflict or contradiction between these T&Cs and any subsequent written agreement between Daresne and the Tutor, the provisions of the later agreement shall prevail.

17.2 If any provision of these Terms and Conditions is found to be unenforceable, ineffective, or otherwise contrary to applicable law, the remainder of the Terms and Conditions will remain in full force and effect. The unenforceable provision shall be replaced by a valid, enforceable provision that most closely reflects the intent of the original provision and aligns with the best interests of both the User (or any applicable third party) and Daresne.

17.3 The headings used in these T&Cs are for convenience only and shall not be used to interpret or affect the meaning or intent of any of the provisions contained herein.

17.4 These T&Cs as well as any relevant agreement signed by the Tutor are a contract between the Tutor and Daresne. They do not confer any rights or benefits on any third party, and no third party shall have the right to enforce any provision of these Terms. This clause expressly excludes the application of the Contracts (Rights of Third Parties) Act 1999.

17.5 Daresne reserves the right to change or replace any third-party service providers, including payment processors or other partners, at its sole discretion and with or without prior notice. Any such changes shall not affect the validity of these T&Cs or the Tutor’s obligations under them, unless explicitly stated otherwise.

17.6 Daresne maintains records of all communications, agreements, and transactions between the Tutor and the Company. This includes, but is not limited to, the Tutor’s personal details, services provided, and, to a partial extent, the interactions with Users or Education Advisors. We may store these records electronically or physically for legal, regulatory, or operational purposes. By using Daresne’s services, the Tutor consents to the retention of such records in accordance with our Privacy Policy and applicable data protection laws.

17.7 Daresne reserves the right, at its sole discretion, to edit, modify, refuse to publish, or remove any content provided by Users, Tutors, Parents, Legal Guardians, Representatives, Schools, Organisations, Affiliates, Partners, or any other third parties, where such content is deemed by Daresne to be:

Objectionable: Content that is offensive, inappropriate, or detrimental.
Erroneous: Content that is misleading or factually inaccurate.
Illegal or Fraudulent: Content that contravenes any applicable laws or is fraudulent in nature.
In Breach of These Terms: Content that does not adhere to the stipulations outlined in these T&CS.

Daresne retains the right to take appropriate action in respect of such content; however, we are not obligated to review or remove content unless we reasonably believe it breaches the above criteria. Our primary aim is to ensure that content shared on our platform fosters a respectful and lawful environment for everyone.

17.8 The failure of Daresne to enforce any of its rights under these T&Cs or applicable law shall not be deemed a waiver of those rights or any other rights. Any waiver of any provision of these T&Cs shall be valid only if expressly made in writing and signed by an authorised representative of Daresne. The exercise of any right or remedy under these T&Cs does not preclude Daresne from exercising any other rights or remedies available to it under these T&Cs or applicable law.