TovoTutor Terms of Service

1. Agreement.

1.1 This Website and the Service (as defined below) are made available to you subject to this Terms of Service Agreement ("Agreement") by Tovo (Europe) Limited (Company Number 6287402) whose registered office is at Eastlands II, London Road, Basingstoke, Hampshire, RG21 4AW.

1.2 The expressions, "Tovo", "we" and "us" and "our" means Tovo (Europe) Limited. The expressions "you" and "your" mean you, the customer or user of this Website and/or the Service.

1.3 BY REGISTERING FOR, ACTIVATING OR USING THE SERVICE, YOU SIGNIFY YOUR BINDING ACCEPTANCE OF THE AGREEMENT AND REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THESE TERMS AND CONDITIONS AND THAT YOU ARE A PERSON WHO IS NOT BARRED OR OTHERWISE LEGALLY PROHIBITED FROM RECEIVING OR USING THE SERVICES UNDER THE LAWS OF THE COUNTRY IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU ACCESS OR USE THE SERVICES. YOU MAY NOT USE THE SERVICE IF YOU DO NOT AGREE TO THIS.

2. Description of Service.

2.1 The "Service" includes (a) the tovotutor.com website (“the Site”), (b) the services, resources and facilities provided by or made available by us for use through the Site and by the software made available through the Site, and (c) all data, text, images, sounds, video, content, programming and software made available through the Site or Service ("Content"). Any new features added to or augmenting the Site and/or the Service are also subject to this Agreement.

2.2 You accept and agree that the Service containing the ability for you to watch video Content utilises Video Streaming; namely, the contemporaneous digital transmission of the Content material via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.

3. Ordering and Payment

3.1 Prices for access and usage to the Service are stated on an annual licence fee, UK VAT inclusive basis and are as stated from time to time on this Site and are subject to change without notice. For Users based outside of the UK, VAT will be payable at the applicable rate and may vary from country to country. We will provide an electronic receipt on Confirmation of your Order.

3.2 You may renew your Service usage at the expiration of each Licence period by submitting a renewal Order at the price applicable at that time.

3.2 Payment is due with your order. We accept payment in a variety of ways: for example by cheque or credit card. All credit/charge card payments are subject to authorisation by the card issuer. If your payment is not authorised, we will cancel your order (and notify you that we have done so).

3.3 No order placed by you shall be accepted by us until a Confirmation of Order is issued by us and your the Confirmation of Order date will be the commencement date of your annual licence period.

3.4 We reserve the right to refuse any order for whatever reason.
3.5 You may cancel the Order for any reason at any time within seven working days beginning with the day you receive the Confirmation of Order by contacting us but you shall not be able to cancel the Agreement if you commence using the Services before the expiry of the seven working days.
3.6 As soon as we receive notice of your cancellation your access to the Services shall be terminated and we shall within 30 days of cancellation refund all payments made by you in respect of the Services.
3.7 If you fail to make payment in accordance with the terms hereof or you breach the terms of the Agreement in any other way, then we may (at our own discretion, without liability on our part and without prejudice to any claim we may have against you) either:
a) terminate the Agreement; or
b) suspend your access to the Services and require immediate payment in cash or immediate provision of adequate security for payment or such other action as we may require before reinstating access to the Services, failing which we may terminate the Agreement.

4. Using the Site and/or the Service.

4.1 You may access and use the Service only for the purposes for which it is intended, provided that you are in compliance with all provisions of this Agreement and such other directions or instructions as we may notify to you from time to time and in accordance with any applicable laws and regulations. You are responsible for all and any activity and usage by you of the Site and/or the Service and for any breaches of this Agreement that may result.

4.2 By using or accessing this Site and/or the Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Site and/or the Service. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Tovo are and shall remain the exclusive property of Tovo throughout the world. Nothing in this Agreement shall grant you the right or licence to use such marks.

4.3 Tovo grants to you a non-exclusive non-transferable licence to use the Service (and any software comprised therein (“Software”) and Content for the purpose for which it is intended and for no other purpose. In this regard, You agree that you will not:

(a) access Content, User Submissions (defined below) or other content made available on the Site through any technology or means other than as provided as part of the Site and/or the Service or such other means as Tovo may explicitly designate for this purpose;

(b) reproduce the Software or Content or any portion thereof;

(c) modify, adapt, translate, reverse engineer, decompile or disassemble the Software or Content or create any derivative work based thereon or merge or include the Software or Content with or in any other software or content;

(d) to use the Site or the Services for any commercial use, without our prior written permission. Prohibited commercial uses shall include, without limitation: (i) the resale of access to the Website or any of the Services on another website for the primary purpose of gaining advertising or subscription revenue; and (ii) the redistribution of the Services (including any User Submissions accessible through such Services) for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by Tovo,

4.4 You agree that you will not use (or attempt to use) the Site nor the Service nor allow others to use the same:

(a) to participate in, promote, conduct, or contribute to any unlawful, illegal or fraudulent activity or purpose, including (but not limited to) deceptive impersonation or activities involving the exploitation of children or anything which is defamatory, abusive, obscene, offensive, menacing or otherwise criminal in nature; or

(b) to violate anyone's privacy rights (e.g. distributing unwanted commercial solicitations), to infringe on intellectual property rights (including copyrights and trademark rights), to harass or defame others, or to promote hatred towards any group of people; or

(c) to make available or upload data via your use of the Site and/or the Service that contain a virus, worm, trojan or other malicious data or download any disabling or harmful devices; or

(d) to disrupt, circumvent or interfere with any part of the Service and/or the Site or which may cause a disproportionate level of activity (for example, causing mail bombs or denial of service attack) nor to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Site in a manner that sends more request messages to the Tovo system in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser; or

(e) circumvent, disable or otherwise interfere with any security related features of the Site or features that (i) prevent or restrict use or copying of any User Submissions or Content or (ii) enforce limitations on use of the Site or the content accessible on the Site;or

(f) altering, modifying, deleting, or otherwise interfering with or in any manner compromising any content, programming, advertising, services and/or features contained on or through the Service, including, without limitation, the Service’s advertising and/or content delivery and display functionality.

4.5 Portions of the Service and certain Content and programming available on the Service, have recommendations regarding the suitability of content or programming for certain ages. By using the Service and/or the Site, you acknowledge and agree that you will not access or view any Content and programming in violation of the specified age recommendations.

4.6 Tovo grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Tovo reserves the right to revoke these exceptions either generally or in specific cases.

5. Personal Information, Data Protection and Third Party Websites

5.1 Your Details: You must provide us with accurate information and a current email address. Part of the registration process may require you to select a unique user identification ("User ID") and password. If you select a User ID that Tovo, in its sole discretion, finds offensive or inappropriate, Tovo has the right to suspend or terminate your account.

5.2 You must: (a) keep your User ID and password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, and (c) immediately notify us of any unauthorized use of your User ID and/or password. Tovo will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section. You are responsible for all persons who use your user name and/or password to access the Services, whether authorized or not, unless acting on our behalf.

5.3 Privacy: We comply with all applicable data protection laws in the UK. By entering into this Agreement you confirm that you have read and understood our Privacy Policy and you agree to our using your data as detailed in our Privacy Policy published on the Site. You agree that Tovo can export your information to any country as operationally necessary, even if that country's privacy laws are weaker or different from the privacy laws of your country and that Tovo can use and transfer your personal information to the extent provided in the Privacy Policy.

5.4 Third Party Websites: Where the Service is used by you to access any third party website(s), resources and/or networks worldwide, we accept no responsibility for the content, services or otherwise in respect of these and you agree to conform to terms and the acceptable use policies of such websites, resources and/or networks.

6. User Submissions.

6.1 Pursuant to the Service, you may record or create video, image or textual content (collectively referred to as "User Content") which you may upload, submit and store on the Tovo software architecture in accordance with the software and instructions comprised in the Site and/or the Service and which will be accessible to you via your account. Where you indicate that your User Content may be shared with other Users, You understand and agree that whether or not User Content is published, Tovo does not guarantee any confidentiality and reserves the right to use, copy and disseminate such User Content (by itself or via any third party) without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or other commercial exploitation of any kind.

6.2 You retain all of your ownership rights in your User Content but as a condition of such submission you are required to grant licence rights to Tovo and other Site users as set out in this Agreement.

6.3 You understand and agree that you are solely responsible for your own User Content (including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any User Content) and the consequences of posting or publishing User Content. Tovo does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Tovo expressly disclaims any and all liability in connection with User Content.

6.4 You represent and warrant that you have (and will continue to have during your use of the Site and/or the Service) all necessary licenses, rights, consents, and permissions which are required to enable Tovo to use your User Content for the purposes of the provision of the Service by Tovo, and otherwise to use your User Content in the manner contemplated by the Site and this Agreement. Tovo is not responsible to, and shall not, monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any User Content. You will not hold Tovo responsible for any user's actions or inactions, including things they post or otherwise make available via the Service.

6.5 You agree that you will not post or upload any User Content:

(a) which contains anything that it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Tovo to use or possess in connection with the provision of the Service; or

(b) that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question and to grant Tovo the licence referred to below.

6.6 Tovo reserves the right (but shall have no obligation) to decide whether User Content complies with any requirements set out in this Agreement and may remove User Content and/or terminate a User's access for uploading any User Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.

6.7 You further understand and acknowledge that in using the Site and the Service, you may be exposed to Content and/or User Content that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Tovo with respect to any such Content and/or User Content.

7. Third-Party Content

You acknowledge that the Site and/or the Service may contain links to third party text and video feeds or streams and/or podcasts (collectively, "third party feeds"), websites and offers, links to download third party software applications. Additionally, third parties may make available, on their own websites, third party feeds, and widgets developed by them using a software API. These third party links, third party feeds, websites and widgets are not owned or controlled by Tovo. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Tovo has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third-parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Service, you agree that Tovo shall not be liable in any manner due to your use of, or inability to use, any third-party feed, website or widget.

8. Claims of Copyright Infringement.

8.1 Tovo operates a clear copyright policy in relation to any User Content which are alleged to infringe the copyright of a third party. As part of our copyright policy, we will terminate user access to the Site if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

8.2 If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify the Tovo Copyright Agent by email to

8.3 A notification of claimed infringement must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit Tovo to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on the copyright owner's behalf.

9. Suspension, Termination and Cancellation

9.1 We may suspend the Site and/or the Service or any part(s) thereof at any time for any reason without being obliged to notify you of such suspension.

9.2 We may also suspend or terminate your access to the Site and/or the Services (or any part thereof) at any time and from time to time if we reasonably believe you are in breach of any term of this Agreement or any other agreement with us or you abuse or threaten us, or a member of our staff. We may also suspend the Service if we are obliged to do so in order to comply with an order, instruction or request of government or other competent authority.

9.3 You agree that Tovo may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your account and your User ID, and remove or discard from the Service any User Content associated with your account and User ID. Grounds for such termination may include, but are not limited to, extended periods of inactivity or violation of the letter or spirit of this Agreement.

10. DISCLAIMER OF WARRANTIES. *PLEASE READ THIS CAREFULLY*

10.1 We do not warrant that the provision of the Site and/or the Service will be fault free or uninterrupted. You acknowledge and agree that in entering into this Agreement you do not do so on the basis of, and do not rely on any representation, warranty or other provision except as expressly provided in this Agreement and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law. You understand and agree that your use of the Service is at your sole risk and to the fullest extent permitted by law, Tovo expressly disclaims all warranties, express or implied, in connection with the Service and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Tovo makes no representations or warranties about the accuracy or completeness of the Content made available through the Service or the content of any websites linked to the Site.

10.2 Tovo does not warrant, endorse, guarantee, or assume responsibility for any product, application or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and Tovo will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products, applications or services. As with the purchase of a product or service, or installation or download of any application, through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. No advice or information, whether oral or written, obtained by you from Tovo or through the Service shall create any warranty not expressly stated in this Agreement.

11. LIMITATION ON LIABILITY. *PLEASE READ THIS CAREFULLY*

11.1 Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence, or for any liability that cannot be excluded or limited by law.

11.2 You understand and agree that Tovo shall not be liable to you or any third party in contract, tort, including any liability for negligence or breach of statutory duty, or otherwise for any direct, indirect, incidental, special, consequential or exemplary loss or damages, for any loss of revenue, business, anticipated savings, profits, corruption or destruction of dataor other intangible losses, howsoever arising, or in connection with any computer virus or system failure even if we are expressly advised of the possibility of such damage or loss.

11.3 Matters Outside Our Control: We shall not be liable to you or be in breach of this Agreement for any delay or failure in performance if such delay or failure is due to a cause or factor beyond our reasonable control or a result of the action or inaction of any third party.

11.4 In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability of Tovo shall not exceed the amount of fifty (50) euros.

12. Indemnification: You agree, at your own expense, to indemnify, defend, and hold harmless Tovo, its employees, agents, and representatives against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to use of or access to the Service, or violation of this Agreement by you or, when due to your cooperation or negligence, by someone else using your User ID.

13. Waiver and Severability: The failure of either party to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any of the Agreement provisions, including the Disclaimer of Warranty or Limitation of Liability, are held invalid, unenforceable, or void by a court, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

14. Governing Law and Language:

(a) This Agreement shall be governed by and construed in accordance with the laws of England without regard to conflict of law rules thereof. Any action brought by you against Tovo arising out of this Agreement shall be brought exclusively in the High Courts in England, and any action brought by Tovo against you arising out of this Agreement shall, at the election of Tovo, be brought in either the courts located in England, or the applicable courts of the jurisdiction in which you reside. You and Tovo hereby consent to, and irrevocably submit yourselves to, the exclusive personal jurisdiction and venue of such courts. You further agree not to bring claims on a representative, class member basis, or as a private attorney general.

(b) Where Tovo provides you with a translation of the English language version of the Terms, then the translation is provided for your convenience only and you agree that the English language versions of the Terms will govern your relationship with Tovo. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

15. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed by you or any person acting on your behalf within one (1) year after such claim or cause of action arose or be forever barred. Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding termination or expiry of this Agreement.

16. Assignment: This Agreement and the rights and licenses it grants or receives may be assigned or transferred by Tovo without restriction. You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent

17. Monitoring: We reserve the right to monitor your use of the Services for quality control or training purposes and in order to maintain the Service and to protect other users of the Services. We reserve the right to record any conversations between you and our staff.

18. Third Party Rights: Nothing in this Agreement confers on any third party any right to enforce any of its provisions pursuant to the Contracts (Rights of Third Parties) Act 1999, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

19. Entire Agreement: This Agreement represents the entire agreement and understanding between us in relation to the subject matter hereof and supersedes all prior understandings and representations, whether written or oral. This clause shall not affect the parties' rights and remedies in respect of any fraudulent misrepresentation.

20. More About Us: The following information is required by the Electronic Commerce (EC Directive) Regulations 2002. www.tovo.com is provided by Tovo (Europe) Limited of Eastlands II, London Road, Basingstoke, Hampshire, RG21 4AW. Email: . VAT number GB 917 3394 11.

21. Variations: We reserve the right, at any time and from time to time, at our sole discretion, to change, modify, add or remove portions of these terms and conditions and/or the Privacy Policy by posting any such changes on the Site. It is your responsibility to check periodically for changes. Your continued use of the Site and/or your use of any of the facilities and services made available by Tovo following the posting of changes will mean that you accept and agree to the changes.