1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your booking to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end these terms, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Excel 2 Learn (Bolton) C.I.C t/a My School Tutor, a company registered in England and Wales. Our company registration number is 07582064.
2.2 How to contact us. You can contact us by telephoning us on:
Mobile: 07519 492911
or by writing to us at:
2.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR AGREEMENT WITH YOU
3.1 How we will accept your booking. Our acceptance of your booking will take place when the payment form is submitted, at which point an agreement will come into existence between you and us.
3.2 The Registration Form. The registration form is attached to these terms and conditions. We shall use this registration form to describe the services being provided by us to you. The registration form will also set out other terms agreed between us and you including the fees for these services, the payment terms, the duration of the services and any additional terms.
4. OUR SERVICES
4.1 The services are as described in the application form and in these terms and conditions.
4.2 Any variation to the services must be agreed by us.
4.3 We shall take all reasonable measures to keep session information correct but may alter session details at any time. We shall notify you in via phone, sms or email of any such changes.
4.4 The services shall start on the date agreed by you and My School Tutor and shall continue until the services are no longer required or we end the service by notifying you via phone, sms or email.
4.5 The services shall be carried out online over the World Wide Web.
4.6 We shall discuss and agree dates for the delivery of services with you. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the service and receive a refund for any services you have paid for but not received.
4.7 We may need certain information from you so that we can supply the services to you, for example, details of your child’s exam syllabus and educational requirements. If you do not give us this information within a reasonable time of asking for it, or if you give us incomplete or incorrect information, it may hinder the learning process and we will not be held responsible.
4.8 We may suspend the supply of services if:
4.8.1 you do not pay. If you do not pay us for the services when you are supposed to (as set out in these terms) and you still do not make payment within 7 calendar days of us reminding you that payment is due, we may suspend the services until you have paid us the outstanding amounts;
4.8.2 you or the learner display disruptive or threatening behaviour. If we feel your behaviour (or that of the learner’s) is counterproductive to us providing our services, we may suspend or terminate the services;
4.9 We record all online tutoring sessions. This is for safeguarding and security in the event of a complaint. Any recordings taken will not be made public and shall only be used by us. All recordings are encrypted and securely stored on cloud servers. All recordings are deleted at the end of the academic year.
5. FEES AND PAYMENT
5.1 Payments for sessions are to be paid on a 4 weekly cycle only via Direct Debit. Single session payments will not be accepted. Payments will not be collected in arrears. Payments are non-refundable for any cancellations or absences part way through a 4 week cycle.
5.2 Where sessions are missed for whatever reason, the centre will have no obligation to re-schedule. However, sessions may be re-booked pending availability. Missed sessions WILL NOT BE REFUNDED under any circumstances.
5.3 If payments are stopped part way through a 4 week cycle customers will have the option to ensure participation in the remainder of the sessions.
5.4 We need to be made aware of any cancellations a minimum of 2 weeks before the end of the 4 week cycle to ensure correct cancellation of any payment agreements. We need to be made aware of this in writing to avoid any disputes.
5.5 If any parent wishes to re-join as a returning customer, a £5 administration fee will apply.
5.6 We are entitled to vary the fees to take account of:
5.6.1 any additional services requested by you which were not included;
5.6.2 any reasonable increase in rates, if applicable;
and we shall notify you of any variation to the fees in writing.
5.7 Fees for online One to One sessions can vary and will be agreed at the time of enquiry and booking confirmation.
6. YOUR OBLIGATIONS
6.1 You agree to cooperate fully with us with regard to the obligations set down in these terms and conditions.
6.2 You are responsible for the prompt attendance of the learner at the tutoring session. If the learner is late we shall not extend the time of the tutoring session.
6.3 We expect the learner to have the necessary equipment (Laptop/computer, headset, webcam, stationary etc) for use in the tutoring sessions. We do not provide equipment or stationary for online sessions
6.4 You will encourage the learner to regularly practice the learned material between each tutoring session and any homework tasks set by us are completed in full. Whilst we understand, the learner may have other commitments; in order for them to progress we do advise the learner to review the work undertaken in the tutoring sessions and complete the tasks we may set. We cannot be held responsible for any lack of progression by the learner.
6.5 You agree to pay the fees as specified in these terms and conditions.
6.6 You must ensure that the learner behaves in a respectful and appropriate manner at all times. Disruptive or threatening behaviour by a learner will result in suspension or termination of the services, at our discretion. In such cases no refunds shall be payable by us to you.
6.7 We ask that no one else apart from you and the learner attend a tutoring session unless you have discussed this with us prior to the tutoring session and we have agreed to this.
6.8 You agree not to circumvent or disinter-mediate our organisation or solicit or promote any services of any company except My School Tutor.
7. OUR OBLIGATIONS
7.1 We will supply the services as specified in these terms and conditions.
7.2 We will perform the services with reasonable skill and care and to a reasonable standard and in accordance with any recognised codes of practice and government guidelines.
7.3 We will hold all professional qualifications required to provide the services.
7.4 We will complete all necessary vetting and barring processes required to work with children and young people. We can provide evidence of this to you before we commence the services.
8.1 You may cancel your sessions at any point.
8.2 You must give notice of cancellation by contacting My School Tutor directly via phone, sms or email. Cancellations must not be made through direct contact with the Tutor.
8.3 Cancellations made more than 12 hours before a Session is due to commence will incur no charge.
8.4 Tutors may cancel a session at any time prior to a session taking place. To do so, Tutors must inform My School Tutor. In the event of a Tutor cancelling a session, you will not be charged for that session. Any credit will be carried forward.
8.5 Sessions cannot be cancelled, refunded, or or any credit carried forward, after a session has started.
9. Disclaimers and Limitation of Liability
9.1 Nothing in these terms and conditions in any way limits or excludes our liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.
9.2 All Users must give us a reasonable opportunity to remedy any matter for which we are potentially liable before incurring any costs remedying the matter themselves.
9.3 If you are a User, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
such loss or damage was not reasonably foreseeable by both parties; or
such loss or damage is caused by you, for example by not complying with these terms and conditions.
9.4 If you are a User, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of these terms and conditions or misuse of our services (subject of course to our obligation to mitigate any losses).
9.5 The following clauses apply only if you are not a consumer:
To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions. In this clause, any reference to us includes our employees and agents.
Our liability of any kind (including our own negligence) with respect to our website for any one event or series of related events is limited to £100.
In no event (including our own negligence) will we be liable for any:
economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
loss of goodwill or reputation;
special, indirect or consequential losses; or
damage to or loss of data (even if we have been advised of the possibility of such losses).
You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Website and/or breach of these terms and conditions.
These terms and conditions constitute the entire agreement between us with respect to their subject matter and supersede any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these terms and conditions is excluded
Personal data entered into this website is treated as confidential and will be dealt with in accordance with Data Protection Act 2018
My School Tutor is the licensee of all the Intellectual Property rights on this site, and in the material published throughout it. Those works are protected by copyright law and treaties around the world. The content of this website is protected under the Intellectual Property laws of England and Wales. All such rights are reserved. You acknowledge that you must not modify, copy, distribute or reproduce the website or any of the Intellectual Property Rights on our website.
Limitation of Liability
The use of this website is at the user own risk. My School Tutor may update the website from time to time and may change the content at any time. My School Tutor do not guarantee that this website will be free from errors and omissions and therefore My School Tutor makes no representations and warranties of any kind whether expressed or implied relating to the accuracy of this website.
My School Tutor accept no liability for any damage, loss or consequential loss arising or in connection with using or the inability to use our website and/or the reliance of information and content obtained from our website.
My School Tutor accept no liability for loss or damage in relation to viruses that may affect your computer equipment, computer software, data, programs and any other material due to the use of our website. Please ensure you have adequate protective measures to protect yourself against loss or damage.
Third Party Linking
The website may refer to other websites or provide links to third party websites, use of these other websites is entirely at the users own risk. Where our website provides links to third party websites these inks are provided for your information only. My School Tutor have no control over the content of those websites and therefore this should not be seen as an endorsement from My School Tutor.
Governing Law and Jurisdiction