Terms And Conditions
Our Terms And Conditions
Updated 18/01/2021
Our Terms of Service have been updated. Therefore, please read these Terms of Service carefully before using the Website and/or Services. If you do not accept these Terms of Service, including the agreement to arbitrate on an individual basis any claims between you and Adenaya Solutions Ltd, please, do not use the Website and do not click “Sign up as a student/tutor/classifieds” (or similar) or otherwise use the Services.
Interpretation & General
“Client” is the person, firm, company or organization for whom Adenaya Solutions Ltd has agreed to provide the Services in accordance with these conditions; “Us” & “We” means Adenaya Solutions Ltd and Adenaya Solutions; “Contract” is the Contract for the facilitation of Services which shall be governed by these conditions; “Services” means the Errand/Maths/Classified ads/shop and any Services to be provided by Adenaya Solutions Ltd to or for the Client; “Charge” means the Charge payable by the Client to Adenaya Solutions Ltd as notified by Adenaya Solutions Ltd from time to time. Website means adenayasolutions.com
Use of the Services of Adenaya Solutions Ltd (as defined above) is subject to these Terms of Service (the “Terms”) and any other rules or policies that are published on the Website that apply to specific activities in which you participate.
You agree that by using Services and providing the respective consent, you are agreeing to enter into a legally binding contract with Adenaya Solutions Ltd and indicate your unconditional acceptance of these Terms, on your own behalf and, if you are a Parent or Company, on behalf of the Student represented by you who uses our Services.
As a User or a visitor of our Services, the collection, use and sharing of your personal data is subject to the Privacy Policy, Cookies Policy, Adenaya Solutions Ltd and the respective updates. For more information about when, where, and why we collect personal data, how we use it, the conditions under which we may disclose it to others, your rights in respect of your personal data, please refer to our Privacy Policy.
Adenaya Solutions Ltd shall be entitled to alter and vary these conditions from time to time without any liability to the Client. It is the Client’s responsibility to check these pages periodically for any updates.
Adenaya Solutions Ltd’s normal hours are 18:00–21:00 Monday–Friday, 07:00 – 18:00 Saturday, 10:00–12:00 Sunday & Bank Holidays. We aim to open longer hours soon.
Where Adenaya Solutions Ltd is required to provide Services outside of these hours Adenaya Solutions Ltd shall be entitled to make an extra Charge to the Client for this reason, and the same shall be notified to the Client ahead of time. Outside normal hours, the Client may reach Adenaya Solutions Ltd by telephone, voice, or e-mail. Adenaya Solutions Ltd will respond to all messages left by the Client as soon as possible.
Telephone calls between Adenaya Solutions Ltd and the Client may be recorded and monitored from time to time.
Supply of the Services
Adenaya Solutions Ltd shall provide the Services to the Client subject to these Conditions or such other conditions as may be agreed in writing between Adenaya Solutions Ltd and the Client.
The Service permits the Client to instruct Adenaya Solutions Ltd to facilitate errands for or on the behalf of the Client. This may involve the pick up and/ or delivery of personal or other items, messages or goods. Adenaya Solutions Ltd may decline to run an errand which it deems immoral or unlawful.
Adenaya Solutions Ltd has a weight restriction of 20kg applicable to all carriages. Outsize items may attract an extra charge or be declined to be carried by Adenaya Solutions Ltd.
The turnaround time for normal errands (errands requiring no waiting, within Adenaya Solutions Ltd area of coverage, not encumbered by other agreements e.g. specified ‘time-bound’ and ‘urgent’) is 24 hours. However Adenaya Solutions Ltd intends to facilitate all errand requests within the same working day, if such request has been received by Adenaya Solutions Ltd by the errand reception-cut-off time of 3pm. Requests received after 3pm may be facilitated the following working day.
Where Adenaya Solutions Ltd is unable to run any errands it will inform the Client as soon as is reasonably possible.
Charges
Subject to any special terms agreed, the Client shall pay Adenaya Solutions Ltd the Charge and any additional sums agreed between Adenaya Solutions Ltd and the Client for the provision of the Services. Adenaya Solutions Ltd shall be entitled to vary the Charge from time to time and shall communicate any such changes to the Client before any payment is made.
Adenaya Solutions Ltd shall be entitled to invoice the Client for any incidental costs incurred during the facilitation of the Client’s request, including costs from unexpected delays, toll charges etc.
All payments made to Adenaya Solutions Ltd via GoCardless direct debit (1% handling fees).
PayPal transactions are liable to a 2.9% + £0.30 handling charge. This handling charge of 2.9% + £0.30 is added to the total sum owing to Adenaya Solutions Ltd by the Client.
All quotations given and charges mentioned will be exclusive of VAT unless otherwise stated.
The Charge and any additional sum due shall be paid by the Client (without any set off, counterclaim or other deduction) in advance or within ten days of Adenaya Solutions Ltd’s invoice date.
A late payment penalty of 5% of the total invoiced charge will be payable to Adenaya Solutions Ltd should payments not be received by Adenaya Solutions Ltd within 14 days after the due date billed.
We operate a subscription based service. Payments to Adenaya Solutions Ltd should be collected at the start of the calendar month. The payments made would be based on the selected packages per client. If the client choose our custom packages, then the price would vary based on the client’s requirements. The number of hours of service that we provide to our clients depends on how much our clients pay at the start of the month. If extra services are required, then we will invoice the client and the above 10 days payment would apply.
Client’s Responsibilities
Services provided by Adenaya Solutions Ltd are provided expressly for the Client or any person or group named by the Client to receive the Service.
The Client shall not request of Adenaya Solutions Ltd to run errands which are immoral or unlawful in nature.
The Client shall endeavour to provide Adenaya Solutions Ltd with as much detailed information as possible regarding their request in order for Adenaya Solutions Ltd to provide excellent service.
The Client shall not ask Adenaya Solutions Ltd to run errands to, from and for people or places where Adenaya Solutions Ltd staff or associates may experience any form of abuse, bodily harm or death.
If the Client should request that Adenaya Solutions Ltd use the Client’s credit card and /or credit facilities for the purpose of rendering Services, the Client shall, promptly and upon request, provide written confirmation of such authorization (in such form as Adenaya Solutions Ltd shall request) for Adenaya Solutions Ltd to use any such credit facility. The Client acknowledges and agrees that Adenaya Solutions Ltd shall have no liability or be responsible in any way whatsoever in respect of the use of the Client’s credit card and /or other credit card facilities provided that Adenaya Solutions Ltd acts in accordance with the instructions issued by the Client in relation thereto. We prefer the client to have a prepaid store card so that the cost of their shopping/errands would come out of that card. If we or our staff have to pay for anything, we will invoice the clients for the total cost of what was paid.
Termination and refunds
When the Client has entered into an agreement with Adenaya Solutions Ltd by assigning an errand and making payment for same, requests for refunds may only be accommodated in the following circumstances:
where Adenaya Solutions Ltd has not already begun to process the request.
where the errand does not require same day facilitation, in which case a minimum 24hour notice period by the Client is applicable.
Adenaya Solutions Ltd will make refunds less direct costs to itself including any handling costs
Without prejudice to any other rights and remedies available, Adenaya Solutions Ltd shall have the right to terminate the Contract for the provision of all or any of the Services upon written notice if the Client commits a serious breach of these conditions.
On termination for any reason whatsoever, the Client shall immediately make payment to Adenaya Solutions Ltd of all and any sums outstanding and owing to Adenaya Solutions Ltd under these conditions (including the Charge or any outstanding balance)
Liability
Adenaya Solutions Ltd shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the use of Adenaya Solutions Ltd Services, except where it is expressly determined that a person acting under the direct instruction of Adenaya Solutions Ltd has knowingly acted in a negligent manner.
Adenaya Solutions Ltd warrants to the Client that Adenaya Solutions Ltd shall use all of its reasonable endeavors to provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with the Clients requests and instructions.
Adenaya Solutions Ltd shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or arising from their late arrival or non arrival, or any other fault of the Client.
Adenaya Solutions Ltd shall not be liable or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure, any of Adenaya Solutions Ltd’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Adenaya Solutions Ltd’s reasonable control.
Subject to the provisions of these Conditions of Service, the maximum liability of Adenaya Solutions Ltd to the Client for breach of any of its obligations hereunder shall be limited to the value of the Charge (provided that the Charge has at such time been paid by the Client in full).
Disclosure of information
All information received by Adenaya Solutions Ltd in relation to the Client shall remain confidential and, except as maybe required by law, Adenaya Solutions Ltd shall not, without the Client’s prior written consent, disclose or divulge to any third party any information of any nature whatsoever in relation to the Client. We use GoCardless services to receive recurring month payments by direct debit. The client would need to enter their details on Gocardless website through the link that we provide on our website or sent directly to the clients.
Unless Adenaya Solutions Ltd receives notice from the Client to the contrary, Adenaya Solutions Ltd shall from time to time provide to the Client (by post, telephone or email) such information in relation to the Services that Adenaya Solutions Ltd considers may be of interest to the Client.
Under the Data Protection Act 1984 the Client shall be entitled upon written request to view any personal records or information held by Adenaya Solutions Ltd relating to the Client. Adenaya Solutions Ltd shall be entitled to Charge an administrative fee for this service, which shall be set at the time of the Client’s request.
General
These conditions (together with any other terms and conditions agreed in writing between Adenaya Solutions Ltd and the Client from time to time) constitute the entire agreement between the parties, and supersede any previous agreement or understanding and may not be varied except on notice from Adenaya Solutions Ltd. All other terms and conditions express or implied by a statute or otherwise are excluded to the fullest extents permitted by Law.
Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at it’s registered office or principal place of business or residential address (as the case may be) or such other address as may at the relevant time have been notified pursuant to the provision to the party giving notice. Any notice may be sent by first class post, facsimile transmission or email and notice shall be deemed to have been served on the expiry of 48 hours in the case of post or at the time of transmission in the case of facsimile or email transmission.
Classifieds Advert
Users must comply with all applicable laws, the Adenaya Solutions Ltd terms and conditions, and all posted site rules.
Here is a partial list of goods, services, and content prohibited on Adenaya Solutions Ltd:
Prohibited
Failure to adhere to any part of our terms and condition would mean your account would be blocked.
Listing your services on Adenayasolutions.com is free. A small fee would need to be paid for featured listing. You can make your payment using the classified payment form. Please use your ORDER ID as a reference when making the payment. We will complete your order as soon as your deposit is cleared in our bank. Your order may be cancelled if you do not make your payment within 72 hours. Your featured listing would last for 14 days and then it would revert back a free advert(Listing). A free advert(Listing) would be listed for 365 days. A reminder would be sent so that you would renew your listing. An expired listing will be deleted after 15 days and will not be recovered.
Tutoring Services
Adenaya Solutions Ltd will facilitate make sure we provide the service that you the client paid for. Adenaya Solutions Ltd and the client will agree on a time and date to perform the tutoring service. It is the client’s responsibility to attend the lesson on time. If the client is late, the lesson will still end at the agreed time. Unless a notice of 5 hours before the start of the lesson is given. For example the agreed time is 5pm, and a client has booked a 1hr lesson with us. If the client arrives at 5:15pm, the lesson will still end at 6pm. If the client cancels the lesson or doesn’t show up, they forfeit the money paid for that lesson. It is the client’s responsibility to attend the lesson. If the client is a young child, then it is the client’s parent/ guardian’s responsibility to ensure the client attends the lesson on time.
Adenaya Solution Ltd and its staff’s responsibility is to teach the client in a respectful manner. It is the client’s responsibility to be respectful towards Adenaya Solutions Ltd members. We accept no responsibility to discipline or correct a rude student or a parent/guardian. We do not tolerate any abuse towards any member of Adenaya Solutions Ltd. We reserve the right to refuse service to anyone being rude.
If our staff member falls sick and/or are not able to attend the agreed lesson, we will inform the client as early as possible using their email address or phone number that the client provided. A new date and time will be agreed by Us and the Client.
If there’s an issue with the payment method on our website, the client must inform Us about it. The client shouldn’t pick and pay for the wrong service. If the client requires a Keystage 4 lesson to be taught and they pay for Keystage 2, then amount paid will be divided by the cost of the required lesson. For example a client purchases 5 Keystage 2 lessons @ £10.99 each lesson = £54.95, but they require keystage 4 which is £15.99 per lesson. £54.95 / £15.99 = 3.4 lessons. So the client will receive 3 lessons and would have to pay the outstanding amount to continue using our services.
Multivendor tutors
Multi-vendors means multiple vendors. Where multiple people can sell their services on Adenayasolutions.com. Tutors are also classed as vendors selling their tutoring services.
10% admin fee will be taken from the advertised price of a product or service. The vendor/tutor will keep the rest.
It is the vendor’s responsibility to pay their own tax. Adenaya Solution accepts no responsibilities to pay the tax for any of its service providers.
3.9. Limits
While using the Services, you agree that you will:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual
property laws, anti-spam laws, tax laws etc.;
b. Provide accurate information to us and keep it updated;
c. Use the Services and Website in a manner that is lawful, relevant and proper to the
applicable laws.
Any use of the Website that Adenaya Solutions Ltd, in its sole discretion, found inappropriate and/or offensive
may result in suspension and/or termination of a User with or without notice.
While using the Services, you agree that you shall not manipulate the price of any goods or
services offered within the Services, in any manner. Furthermore, you shall not disrupt or
otherwise interfere in any way with any other User’s use of the Services. By accessing our
Services or any chat room, online discussion forum, or other Service provided through our
Website that allow Users to communicate to other Users (“Public Areas”).
You agree to be abided by the following standards of conduct and You agree that You will not,
and will not authorize or facilitate any attempt by another person to use our Website to:
1. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise
objectionable, as determined by Adenaya Solutions Ltd;
2. Circumvent or manipulate our fee structure, the billing process, or fees owed to Adenaya Solutions Ltd
or the Tutor; fail to deliver payment for items purchased by you, unless the Tutor of such
Tutor Package has materially changed the package’s description, a clear typographical error
is made, or you cannot reach the Tutor;
3. Fail to deliver Tutor Packages purchased from you, unless the Student or Parent fails
to meet the posted terms, or you cannot reach the Student or Parent;
4. Manipulate the price of any item or interfere with other Users’ Listings;
5. Use a name or language that Adenaya Solutions Ltd, in its sole discretion, deems offensive;
6. Post false, inaccurate, misleading, defamatory, or libelous content (including personal
data);
7. Post hateful or racially or ethnically objectionable Content;
8. Post Content which infringes another’s copyright, trademark or trade secret;
9. Advertise or offer to sell any goods or services for any commercial purpose through
the Service which are not relevant to the services offered through the Service;
10. Post unsolicited advertising or unlawfully promote products or services;
11. Take any action that may undermine the feedback or ratings system when it becomes
available (such as displaying, importing or exporting feedback information from the Website
or using it for purposes unrelated to Adenaya Solutions Ltd);
12. Harass, threaten or intentionally embarrass or cause distress to another user, person
or entity.
13. Impersonate another person;
14. Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
15. Exploit children under 18 years of age;
16. Engage in disruptive activity such as sending multiple messages in an effort to
monopolize your position;
17. Adapt, alter, license, sublicense or translate the Service for your own personal or
commercial use;
18. Introduce viruses, worms, Trojan horses and/or harmful code to the Website;
19. Obtain unauthorized access to any computer system through the Website;
20. Transfer your Adenaya Solutions Ltd account (including feedback) and Login Credentials to another
party without our consent;
21. Harvest or otherwise collect information about Users, including email addresses,
without their consent;
22. Invade the privacy of any person, including but not limited to posting personally
identifying or otherwise private information about a person without their consent (or their
parent’s consent in the case of a child under 18 years of age);
23. Solicit personal data from children under 18 years of age;
24. Violate any federal, state, local, or international law or regulation;
25. Encourage conduct that would constitute a criminal or civil offense.
All submissions made to Public Areas will be public, and Adenaya Solutions Ltd will not be responsible for the
action of other Users with respect to any information or materials posted in Public Areas.
10. RELATIONS BETWEEN ADENAYA SOLUTIONS LTD AND USERS
The Services are not an employment service and Adenaya Solutions Ltd does not serve as an employer of any
User unless separately subject to a signed, written employment contract signed by both the
User and Adenaya Solutions Ltd. Users may use Adenaya Solutions Ltd Services only for the purpose of to provide tutoring to or receive tutoring from other Users using the Services and subject to these Terms.
As such, Adenaya Solutions Ltd will not be liable for any tax or withholding, including but not limited to
unemployment insurance, employer’s liability, workers’ compensation insurance, social
security or payroll withholding tax in connection with your use of Services or Users’ services.
You understand and agree that if Adenaya Solutions Ltd is found to be liable for any tax or withholding tax in
connection with your use of Users’ services, then you will immediately reimburse and pay to
Adenaya Solutions Ltd an equivalent amount, including any interest or penalties thereon.
In all cases of use of this Website, Users are acting as independent contractors and not as
Adenaya Solutions Ltd’s or any other party’s employee, agent, franchisee or servant. Accordingly, you will be solely responsible for all costsincurred by you or your organization. You shall not hold yourself
out as having authority to make contracts or promises on behalf of Adenaya Solutions Ltd. No User is entitled to participate in any Adenaya Solutions Ltd vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by Adenaya Solutions Ltd to its employees.
The Services provide connection to Tutors who are willing to be engaged by Students and
Parents or Companies as independent contractors. As independent contractors, each Tutor
decides when and how often the Tutor will be available to provide tutoring to Students
(except that inactivity for 180 consecutive days may result in deletion of a Tutor’s account).
Each Tutor controls the methods, materials, content and all aspects of the Tutor’s lessons. Any
sample tutoring packages or instructional materials that may be made available to Tutors are
for a Tutor to review or not review and to use or not use in the Tutor’s sole discretion. The
Services allow Tutors to create subject- specific tutoring packages for certain number of hours
that may occur over a number of tutoring sessions (each session individually a “Tutor Session,”
collectively the “Tutor Package”). Students are responsible for selecting the right Tutor for
their needs. Students should review and investigate each Tutor’s self-reported credentials,
education, and experience, as well as reviews from other Parents and/or Students. All tutoring
sessions should be supervised by a responsible adult. Each Tutor has the sole discretion to
accept or decline or continue or discontinue a tutoring relationship with any Student.
As independent contractors, a Tutor may, at the Tutor’ own expense, employ or engage the
services of such employees, subcontractors, partners or agents, as the Tutor deems advisable
to perform the Services (collectively, the “Assistants”). The Assistants are not and shall not
be employees of Adenaya Solutions Ltd, and the Tutor shall be wholly responsible for the performance and
conduct of the Assistants and for compliance with all laws applicable to any Assistants.
Tutors may and in fact are expected to perform services for others or do other types of work
(either as an independent contractor or employee or other) while these Terms are in effect,
including with Adenaya Solutions Ltd’s competitors if desired, provided that such other activities do not
require Tutor to violate the Terms.
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No failure or delay by Adenaya Solutions Ltd in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by Adenaya Solutions Ltd of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in parts, the validity of the other provisions of these conditions will still stand.
These conditions and the Contract to which they relate shall be governed and construed in accordance with English Law and the parties shall submit to the exclusivity and jurisdiction of the English Courts.
