Terms and Conditions

CONTRACT FOR THE PROVISION OF EDUCATION

1. INTRODUCTION 

1.1 The Terms and Conditions set out below (“Terms”) apply to the provision of online academic and educational services or any related products and services (“Services”) which we, My English Tutor (“Tutor”, “we”, “us”), agree to provide to you (“you”), the person completing the application form as parent, carer or guardian of the child who will take up the tuition provision (“the Pupil”)

1.2. The provision of the Services to the Pupil will be subject to these Terms, along with the Schedule our privacy notice which can be found at www.myenglishtutor.co.uk/privacy-policy/ (“Privacy Notice“) and our School Policies (defined below) and these together will constitute the entire Agreement between us and you will be taken as having accepted them when you complete the application form and provide payment to us.

1.3. If you do not agree to these Terms then you should not continue with your purchase of our Services.

2. Provision of Services

2.1.We agree to provide the Services, via the School’s website at www.myenglishtutor.co.uk/ (“Website”). The Services will be delivered in the form of specific subject classes covering the curriculum which may lead to a formal examination and qualification, along with classes in some subjects which do not lead to a qualification (“Classes).

2.2. The Services do not include any formal examination process. Where a Pupil wishes to undertake examination or assessment this will need to be arranged through a separate, third party examination centre. We can provide further details upon request.

2.3. The Services will consist of live online lessons and the provision of other online materials and interactive content accessed via the designated online learning platfrom.

2.4. The Services will be of satisfactory quality and fit for the purpose of providing online academic education for children attending Classes in years 6 through to 11 and when we deliver the Services we shall do so using reasonable care and skill consistent with best practice and standards applicable to educational services.

2.5. Where Classes lead to an examination, we make no warranty or guarantee that a Pupil will achieve his or her desired examination results or that any examination results achieved will be sufficient to gain entry to other educational establishments. You and the Pupil are responsible for researching which courses and qualifications are most appropriate to achieve the Pupil’s personal goals, for example progression to certain post-16 academic courses or admission to a particular university course. All results will be dependent on the individual Pupil’s efforts, abilities, motivation, dedication and application in relation to their attendance at Classes and completion of work.

2.6. We do not provide any examinations or assessments. We can help you find an examination centre, but you are responsible for registering the Pupil with your chosen examination centre, paying any related fees and ensuring that the Pupil attends the relevant examination centre on the set date and time, as provided by the examination centre, in order to undertake any examinations or assessments. 

2.7. You will be required to have access to the appropriate equipment and resources in order to access the Services and we shall not be responsible for any delay or restriction of your access to the Services. 

2.8 Pre recorded sessions are designed to be self-led. We will provide you with any instructional and additional resources required to complete the sessions, however personalised feedback and support is not included within the course fee. 

2.9 For hybrid provisions, it remains the responsibility of the parent or carer to ensure that pre recorded tasks are being completed regularly to an appropriate standard, and to monitor the submission of work for marking and feedback. The tutor is responsible for marking and returning work within the half term. Once a new half term and new payment block has commenced, work from previous half terms will not be marked. 

3. Term and Fees 

3.1. The Agreement between us will begin upon payment  (“Start Date”) and will continue until it is terminated in accordance with these Terms. 

3.2. Access to the Services will be provided for the duration of a paid half term. 

3.3 All classes will run in accordance with UK GMT/BST time and the teaching times and dates will remain the same for each 10-month academic year which runs from 1 September through to 31 July (“academic year”).

3.4. Classes are on a ‘term time’ only basis.

3.5. Our academic year is divided into 6 half terms 

3.6. Your access to the Services will renew at the start of each half-term will continue on a rolling basis until the end of the academic year unless cancelled earlier in accordance with these Terms. 

3.7. Payment for the Services (“the Fees”) is charged in advance before the start of the half term, or as otherwise agreed between us in writing. 

3.8. All Fees will remain fixed for the duration of the academic year unless circumstances outside of our control mean that we need to increase the Fee. Where such a situation occurs, we will provide you with at least 30 days’ notice of any Fee increase and the reasons for the increase. If you choose not to accept the increase you are free to provide notice to terminate this Agreement by emailing hello@myenglishtutor.co.uk and termination will take effect on the day that the Fee increase is due to take place. Any prepaid Fees in respect of Services which are scheduled to be delivered after the date of the Fee increase, will be refunded. 

3.9. In the event you require us to liaise with or contact any third parties concerning a Pupil such as a LEA, then this will be outside of the scope of the Services and will incur a separate, additional charge.

4. Payment 

4.1.Fees are payable in full, per half term, in advance upon receipt of an invoice.

4.2. In the event of a payment failure, we may make a charge of £10 per payment to cover our administration costs. 

4.3. Where payment of the Fee is beyond 7 days overdue then we shall be entitled to suspend the Pupil’s access to the Services until payment has been made in respect of the outstanding amount. If non-payment continues for a period of 14 days, we may exclude the Pupil permanently and terminate this Agreement by giving you written notice.

5. Cooling off period 

5.1. You will be entitled to a 14-day cooling off period during which time you can cancel this agreement and receive a refund of any services not yet redeemed by emailing us at hello@myenglishtutor@gmail.com.

5.2. Your 14-day cooling off period begins from the date of your first payment. 

5.3. You accept that you will waive your right to cancel and receive a refund during the cooling off period where you or the Pupil choose to access any of the Services before the 14-day cooling off period has expired.

5.4. You waive your right to a cooling off period when purchasing digital products such as prerecorded or on demand courses and lessons.

6. Selecting and changing classes

6.1. Classes can be selected at the time of enrolment by completing the registration form, or by any other method as we agree in writing between us. We will advise if the preferred choice of Classes can be accommodated within timetable constraints. 

6.2. Pupils may change their choice of Classes once each half-term where possible, and only during the first week of a half-term. If changes are requested after this time, they will not take effect until the next half term. Despite any changes, Fees for all chosen Classes will be payable until the end of the relevant half term. 

6.3. We appreciate that Pupils may wish to make changes to their Class timetable to fit in with their personal circumstances and we will do our best to try and accommodate any such requests, but any decision to accommodate a change is at our complete discretion. 

6.4. We reserve the right to amend Class timetables where this is necessary for operational reasons. Where we need to do so we will provide you with at least 30 days’ notice of any proposed changes. Where we have provided at least 30 days’ notice and the Pupil is unable to continue with his or her chosen Classes following our changes to Class timetables then you will be entitled to end this Agreement and receive a refund of any prepaid fees for that half term period, if applicable.

6.5. In some cases, we may need to amend Class timetables for unexpected reasons outside of our reasonable control. Such situations may include an unexpected issue with teacher availability or the accessibility or availability of the systems used to deliver the Services. Where such a situation arises, we will use our reasonable endeavours to reschedule the class, provide a prerecorded ‘On Demand’ lesson, or offer a replacement date or time. In the event we are unable to offer any of these alternative provisions, then you will be entitled to a credit of that class against future payment of Fees. No refunds or credits will be made where the Pupil is unable or unwilling to attend the rescheduled class and a prerecorded ‘On Demand’ alternative is provided. 

7. Termination 

7.1 You can choose to terminate your contract at the end of any half term block.

7.2. If you choose to withdraw the Pupil part way through your contract you will remain responsible for payment of all Fees up to the end of the contract.

7.3. Any notice of termination must be provided to us via email hello@myenglishtutor@gmail.com 

7.4. Either one of us may terminate this Agreement by giving written notice to the other, if the other party (including the Pupil) fails to comply with any of these Terms (including any School Policies) and this has not been corrected within 14 days of being asked in writing to do so. 

7.5. In some cases, it will not be possible to correct a failure to comply and in those cases the Agreement will be terminated immediately on written notice.

7.6. We may terminate this agreement where we are unable to continue providing the Services for any reason. In such circumstances we will provide you with notice in writing and provide you with a refund of any Fee in respect of Services paid for that will not be received.

7.7. We will be entitled to limit or suspend a Pupil’s access to the Services where we reasonably determine that you or the Pupil is acting or behaving disruptively, dishonestly, fraudulently, or in a way which is abusive or intended to cause offence to us or any other pupil accessing the Services.

7.8. Where we limit or suspend access to the Services as set out above, then following such action we shall arrange a meeting with you and/or the Pupil to discuss the matter and to determine whether access will be removed permanently. Where we decide to withdraw access permanently then our arrangement will terminate. Any decision to provide you with a refund will be entirely at our discretion and will be based upon the circumstances and the proportion of Service already delivered to you.

7.9. If we terminate this Agreement because you or the Pupil have failed to comply with any provision of these Terms  then all Fees will become due immediately and you will still be responsible for paying any Fees due for the remainder of the contract.

7.8. If you terminate this Agreement because we have failed to comply with any provision of these Terms and then we will immediately refund any prepaid fees to you.

9. Liability 

9.1. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.

9.2. We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for: any indirect, consequential or special damages, losses or costs or any failure to deliver the Services where we are prevented due to a reason beyond our reasonable control or which arise from your choice of Services or Classes or your use of the Services once delivered.

9.3. We warrant that the Services are of satisfactory quality and reasonably fit for the purposes in which they are intended to be used. Save for the warranty set out above, all warranties and representations are excluded to the fullest extent permitted by law.

9.4. You accept and acknowledge that you will remain responsible for the Pupil at all times. Pupils should be supervised during use of the Services. 

9.5. Our entire liability to you shall be limited to the amount of the Fee paid by you in the 6 months prior to the time any loss is sustained.

9.6. Nothing in these Terms seeks to excuse or limit your legal rights as a consumer. 

10. Data Protection 

10.1. My English Tutor will process all data which might identify you or the Pupil (“personal data”) in accordance with the Data Protection Act 2018 and the UK GDPR and any legislation which replaces or amends it. Full details of this are set out in our Privacy Policy (which can be found at www.myenglishtutor.co.uk/privacy-policy/ . If you have any questions about how we handle your data or wish to make any changes to the personal data held please email us at hello@myenglishtutor.co.uk 

11. Confidentiality

11.1. Any information that you share with us will be kept confidential, save where we are required to disclose by order of a court of competent jurisdiction or a governmental, supervisory or regulatory body or where we have any concerns as to your safety or the safety or a safeguarding concern of a Pupil. 

11.2. Where we provide you with log-in details to access live lessons, prerecorded ‘On Demand’ lessons or any associated resources you agree not to disclose or share such log-in details with any other person and to inform us immediately should you suspect or discover that a third party has obtained your log-in details.

12. Intellectual Property to Services

12.1. As part of the Services access may be provided to materials, tools, videos, resources, documents, workbooks, PDF’s, information, templates, images, data and other content (“Content”).

12.2. You accept that we are the owner or licensee of all Intellectual Property Rights and any other rights existing in the Content and that the Content can only be used by you or the Pupil personally, in connection with the Services and no Content should be shared, copied, disclosed, reproduced, published or made available to a third party, whether or not for commercial reasons without our express consent.

12.3. Nothing in these Terms operates to transfer ownership of any Intellectual Property Rights in any Content to you or the Pupil and you may not use any of our Intellectual Property Rights including but not limited to our trade marks, business names, domain names and any logos without our prior written consent.

13. Force majeure 

13.1. We will make every effort to deliver the Services as agreed, but sometimes things may happen which are outside of our control (“Events”) and which will affect our ability to effectively deliver the access to our Website or deliver the Services. Examples of Events can include, but are not limited to, acts of god, extreme adverse weather conditions, epidemics, pandemics, industrial action, lock down, war or threat or preparation for war, terrorist attack, interruption to or loss of internet services or other third-party services and unexpected teacher unavailability.

13.2. If such an Event occurs then we will do our best to provide recordings of or reschedule any cancelled Classes or to provide a reasonable alternative. If the School is unable to reschedule or replace Classes as described we will refund you proportionally for any missed Classes.

14. Jurisdiction

14.1. These Terms and any dispute or claim arising out of them (including non-contractual disputes of claims) shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim

15. Severance clause 

15.1. In the event any provision of these Terms is deemed to be invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.

16. Transfer 

16.1. My English Tutor may transfer its rights and responsibilities under this Agreement to a third party if the third party will be able to continue to provide the Services and the Website to the same standards as the current provider.

16.2. The School will notify you of any transfer in advance unless it is prevented from doing so legally and if there is any significant deterioration in the quality of the Services following the transfer to a third party you will be entitled to end this Agreement and receive a refund of any prepaid fees.

16.3. You may not transfer your rights and responsibilities under this Agreement to anyone else. This includes allowing anyone other than the named pupil to use the links to access services. 

17. Changes to the Agreement 

17.1. We may update this Agreement (including the Policies) during the term of this Agreement. Where we do make any changes, we will notify you in writing and provide you with updated versions of these Terms or the Policies at least 30 days before they are due to come into force.

18.2. If you reasonably believe that the proposed changes will have a negative impact on you or the Pupil you are entitled to terminate this Agreement in accordance with the provisions above. 

19. How to contact us

19.2. Should you wish to contact us then you can email us at hello@myenglishtutor.co.uk 

19.3. If we need to contact you, we will use the email address you provide at the time of purchase. If you change your contact email address it will be your responsibility to notify us so that we can update our records.

19.4. Any reference in these Terms to a notice shall mean a notice in writing sent by email to the email addresses referred to above. All emails will be taken as delivered 48 hours from valid transmission.

20. Complaints 

20.1. It is important to us that you are entirely happy with the Services. Should you have any complaints or concerns please let us know by email to hello@myenglishtutor.co.uk, with the subject heading “complaints” and allow us a reasonable amount of time to investigate and resolve your concerns. 

My English Tutor 08/03/2024