These Terms and Conditions shall apply to all purchases of Goods, Services and/or Digital Content You make from Us. Please read these Conditions carefully. These Terms provide information about Us, information about how We will provide Goods, Services and/or Digital Content to You, how either party may change or end the contract, what to do if there is a problem and other important information.
1. Definitions & Interpretation
The following definitions and rules of interpretation apply in these Terms.
1.1 Definitions
Business Day means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Commencement Date has the meaning given in clause 3.5 below.
Confirmation means the written communication that We will provide to You following successful Registration and acceptance by Us as a Student and/or following the purchase of Goods and/or Digital Content.
Contract means the agreement between Us and You for the Goods, Services and/or Digital Content in accordance with these Terms.
Digital Content means the digital content supplied to You by Us as set out in the Confirmation.
Goods means the goods supplied to You by Us as set out in the Confirmation.
Fees mean the charges payable by You for the Goods, Services and/or Digital Content as set out in the Confirmation and in accordance with clause 6, and shall include a one-off registration fee, a baseline assessment fee and monthly class fees.
Registration means formal registration as a Student on Our Website.
Services means the tutoring services supplied by Us to the Student as set out in the Confirmation.
Session(s) means each session of tuition which We provide to the Student as part of the Services.
Student means the individual who requires tutoring and who will be using Our Services.
Terms means the terms and conditions as set out in this document amended from time to time in accordance with clause 13.8
Force Majeure Event has the meaning given to it in clause 13.1.
Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Our Materials means any printed materials and electronic materials (such as revision notes, chapter tests, practice tests and mock tests, baseline tests, formulates, short notes revision cards, etc.) provided by Us relating as part of the Services.
We/Us/Our means 121 Edex Limited trading as 121 Private Tutor, a company incorporated in England and Wales under company number 13769882, with a registered address of Markham House, 20 Broad Street, Wokingham, Berkshire, England, RG40 1AH.
You/Your means the person who purchases or agrees to purchase the Goods, Services and/or Digital Content from Us. In the event that the Student is an individual under 18 years of age at the time of Registration, You may be the parent or guardian of the Student, otherwise You will also be the Student.
Website means www.121privatetutor.co.uk
1.2 Interpretation
1.2.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.2.2. A reference to a party includes its personal representatives, successors and permitted assigns.
1.2.3. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
1.2.4. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.2.5. A reference to writing or written includes email, text messages, WhatsApp messages and Microsoft Teams messages.
1.2.6. A reference to Your/Your shall also include references to the Student and vice versa, where the context so requires or admits.
2. How the Company can be Contacted
2.1. We are: –
121 Edex Limited trading as 121 Private Tutor
2.2. We can be contacted on:-
Email address: info@121privatetutor.co.uk
Telephone Number: 07718883828
Or at:
Markham House
20 Broad Street
Wokingham
Berkshire
RG40 1AH
UK
3. Basis of Contract
3.1 These Terms shall form the basis of the Contract between Us and You in relation to the Goods, Services and/or Digital Content, to the exclusion of all other terms and conditions.
Goods and/or Digital Content
3.2. By checking out Goods and/or Digital Content placed in the cart on Our Website and making payment You are making an offer to purchase Goods and/or Digital Content from Us. This offer shall be deemed to be accepted by Us when We issue a Confirmation, at which date a Contract is formed between Us and You.
Services
3.3. In response to an enquiry by You for provision of Our Services, we will arrange a free of charge information session with You to establish Your requirements and to provide information relating to the required Services, including Our Fees. This will be deemed to be an offer by Us to provide the Services to You.
3.4. Following the information session, We will ask to carry out Registration. By carrying the Registration, You are accepting Our offer to provide the Services in accordance with these Terms.
3.5. If Registration is successful, We will provide You with Confirmation, at which date the Contract will be formed.
3.6. After Registration a baseline assessment will be carried out to establish the Student’s academic level.
3.7. Commencement of the Services shall be deemed to be conclusive evidence of Your acceptance of these Terms.
4. Our Obligations
4.1. We shall supply the Goods, Services and/or Digital Content to You in accordance with the Contract and these Terms in all material respects.
Goods
4.2. Goods ordered via Our Website will be dispatched to You within one week of the Confirmation.
Digital Content
4.3. Digital Content ordered via Our Website will be available for download by You upon Confirmation.
Services
4.4. We have sole discretion in deciding whether or not to accept Your Registration or the Registration of a Student, if different.
4.5. Our Services are provided by way of regular Sessions for a period of eleven month from September to July. You are required to commit for the full eleven months, although You may be permitted to join Sessions part way through the eleven months at Our discretion.
4.6. Sessions will be taught as group sessions unless agreed otherwise.
4.7. Sessions will be taught online and remotely, usually using Microsoft Teams as the platform provider. You will be emailed confirmation of the platform and timings of the Sessions at least one Business Day before a Session.
4.8. If We are unable to provide a scheduled Session for any reason, an alternative date and time will be communicated to You.
4.9. During the Contract We may communicate with You via WhatsApp groups, Microsoft Teams, text message or email. Such communication may include Session notices and weekly homework.
4.10. We will use reasonable endeavours to keep up to date of any developments in relevant curriculums, syllabus requirements of examination boards or qualifications in the subject(s) that is/are to be taught as part of the Services.
4.11. We will use reasonable endeavours to keep up to date of any developments in relevant curriculums, syllabus requirements of examination boards or qualifications in the subject(s) that is/are to be taught as part of the Services.
4.12. We reserve the right to sub-contract the fulfilment of the Services or any part thereof.
4.13. If, due to circumstances beyond Our control, including those set out in clause 13.1, We have to make any change in the provision of the Contract, We will notify You immediately. We will use reasonable endeavours to keep any such changes to a minimum.
5. Your Obligations
You shall:-
5.1.1. ensure that You provide Us with Your complete and accurate contact details and that these are kept up to date ;
5.1.2. ensure that You provide Us with all relevant information regarding the Student’s academic records and academic targets that may be relevant to the provision of the Services;
5.1.3. be present at and supervise the Student at all times each and every Session;
5.1.4. ensure that the Student has access to all necessary equipment, including, suitable hardware, (such personal computer, etc.), software, (such as Microsoft Teams, etc.), any resources provided to You by Us (such as learning materials etc.) and stationary;
5.1.5. ensure that the Student has an appropriate and sufficient internet connection during each and every Session;
5.1.6. ensure that the Student is correctly using an appropriate web camera suitable for video conferencing during each and every Session. This is to increase Student engagement and allow appropriate safeguarding;
5.1.7. ensure that the Student has an appropriate and quiet area to engage in each Session, with no or minimal distractions;
5.1.8. ensure that the Student is logged in and joins each Session on time;
5.1.9. remain responsible for the Student during each and every Session and agree to ensure that the Student behaves appropriately throughout;
5.1.10. be responsible for monitoring any communication from Us during the Contract. Such communication may be via Whatsapp groups, Microsoft Teams, text message or email;
5.1.11. be responsible for all Fees;
5.1.12. not take any screen prints, photographs, video recording or voice recording of any of the Sessions;
5.1.13. not distribute or share any of the Sessions with any third party;
5.1.14. not make any copies of Our Materials; and
5.1.15. not distribute or share any of Our Materials with any third party.
5.2. You acknowledge that We reserve the right to cancel any Sessions if Students behaviour is unacceptable, or where abusive language is used by either You or the Student. Under no circumstances will We tolerate abusive or discriminatory behaviour. Where a Session(s) is cancelled for this reason, no refund or make up session will be provided.
5.3. If the performance of any of Our obligations under the Contract is prevented or delayed by any act or omission by You or failure by You to perform any relevant obligation as set out in clause 5.1 (Your Default), without limiting or affecting any other right or remedy available to Us, We shall have the right to suspend performance of the Services until You remedy Your Default and to rely on Your Default to relieve Us from the performance of any of Our obligations to the extent Your Default prevents or delays Our performance of any of Our obligations.
6. Fees
6.1. The Fees shall be as set out in the Confirmation.
6.2. The registration fee and the baseline assessment fee shall be paid prior to Registration and is non-refundable.
6.3. The class fees:-
6.3.1. are chargeable for eleven months (from September to July) and are prorated over the eleven months;
6.3.1. are chargeable for eleven months (from September to July) and are prorated over the eleven months;
6.3.2. are payable in advance on or before the 5th of each month;
6.3.3. include relevant printed materials provided by Us; and
6.3.4. non-refundable;
6.4. If a Student is permitted to join Sessions part way through the eleven months the class fees will be prorated accordingly. An additional charge may be made for any printed materials that have been provided to students prior to the Student joining. This will be at Our discretion.
6.5. All payments must be made in British Pounds unless otherwise agreed in writing.
6.6. Payments for Goods and/or Digital Content can be made by card or by PayPal via Our Website.
6.7. Payment for Services can be made by card, by direct bank transfer or by direct debit. We encourage the class fees to be paid by direct debit.
6.8. We are currently not VAT registered. If this should change and We need to add VAT to our Fees We will notify You.
6.9. If You fail to make a payment due to Us under the Contract by the due date, then, without limiting Our remedies under clause 10 (Termination), You shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 6.9 will accrue at a rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full. Such interest shall accrue after as well as before any judgment.
6.10. We also reserve the right to recover any debt collection costs, including legal and court fees.
6.11. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
7. intellectual Property
7.1. Unless stated otherwise, all Intellectual Property Rights in or arising out of or in connection with the Goods, Services and/or Digital Content shall be owned by Us.
7.2. You shall not make or permit the making of any copies, reproductions, interpretations or analysis of Our Materials, other than with Our written consent.
7.3. You acknowledge that You have no right, title or interest in or to such Intellectual Property Rights other than as expressly set out in the Contract or as permitted by law.
7.4. You acknowledge that, in respect of any third-party Intellectual Property Rights in the Goods and/or Services, Your use of any such Intellectual Property Rights is conditional on Us obtaining a written licence from the relevant licensor on such terms as will entitle Us to license such rights to You.
7.5. You shall indemnify and hold Us harmless against any costs, liabilities, losses and expenses including reasonable legal costs arising from any claim relating to the infringement of any third-party Intellectual Property Rights provided that:
7.5.1. We give notice of the claim;
7.5.2. You have sole control and defence of the claim; and
7.5.3. We provide reasonable cooperation in the defence and settlement of the claim.
7.6 This clause 7 shall survive termination of the Contract.
8. Cancellation
Cooling off period
8.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provide consumers with a legal right to change their mind when purchasing goods, digital content and/ or services online. You do not need to provide any reason for the cancellation.
Services
8.2. If You have entered into a contract with Us for Services You may cancel the Contract at any time within 14 Business Days, beginning the day after the Contract was formed, this will normally be the day after the date of the Confirmation, and receive a full refund of any Fees paid.
8.3. To cancel a Contract You must inform Us in writing.
8.4. If a Student accesses or attends any Session within the 14-day period, set out in clause 8.2, then Your right to cancel may be lost.
Goods
8.5. If You have entered into a contract with Us for the purchase Goods You may cancel the Contact at any time within 14 Business Days, beginning the day after the date you receive the Goods. If the Goods are split into several deliveries over different days You have until 14 Business Days after the day You (or someone you nominate) receives the last delivery to change your mind about the Goods.
8.6. To cancel a Contract for the supply of Goods You must inform us in writing. You must also return the Goods to us as soon as reasonably practicable, and at Your own cost. You have a legal obligation to take reasonable care of the Goods while they are in Your possession. If You fail to comply with this obligation, We may have a right of action against You for compensation, for example We may have the right to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by Your handling them in a way which would not be permitted in a shop.
8.7. If You cancel the Contract in accordance with clause 8.5 , You will receive a full refund of the Fees paid for the Goods (including any delivery costs (only a sum equal to basic delivery costs will be refunded)), within 14 days of either Us receiving the Goods back from You, or You providing evidence of having returned the Goods (for example, a proof of postage receipt from the post office), whichever is the sooner. You are responsible for the cost of returning any Goods to Us, and any returns of Goods are at Your own risk.
Digital Content
8.8. If You have entered into a contract with Us for Digital Content You may cancel the Contract at any time within 14 Business Days, beginning the day after the Contract was formed, this will normally be the day after the date of the Confirmation, and receive a full refund of any Fees paid.
8.9. If We delivered the Digital Content within the 14 Business Days, as set out in clause 8.8, and you agreed to this when purchasing the Digital Content, then Your right to cancel will be lost.
9. Limitation of Liability – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
9.1. If We breach these Terms in any way, Our responsibility will be limited to any loss or damage You may suffer that is a foreseeable result of Us breaching the Contract or Us failing to use reasonable care and skill, but We will not be responsible for any loss or damage that is not foreseeable.
9.2. While We will endeavour to ensure the Student makes satisfactory progress, this cannot be guaranteed, and We will not be accountable or liable for the academic success or otherwise of the Student.
9.3. We will not be liable for any downtime of any hardware or software that is used as part of the Provision of the Services by either Us or You.
9.4. We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes but is not limited to liability for: –
9.4.1. death or personal injury caused by Our negligence;
9.4.2. fraud or fraudulent misrepresentation;
9.4.3. a breach of the Your legal rights in relation to the Goods, Services and/or Digital Content including that:-
(i) Goods and/or Digital Content must be of satisfactory quality;
(ii) Goods and/or Digital Content must be fit for purpose;
(iii) Goods and/or Digital Content must be as described; and
(iv) Services must be performed with reasonable care and skill.
9.5. If We breach these Terms in any way, Our total liability to You shall not exceed the Fees paid by You under the Contract
10. Termination
10.1. Unless stated otherwise in the Confirmation, the Contract continues as long as it takes for Us to provide the Goods, Services and/or Digital Content in accordance with the Contract and these Terms.
10.2. Without affecting any other right or remedy available to it, either party may terminate the Contract by giving one months’ written notice to the other party.
10.3. Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if the other party commits a material breach of its obligations under the Contract and (if such breach is remediable) fails to remedy that breach within 7 days after receipt of notice in writing to do so.
10.4. Without affecting any other right or remedy available to Us, We may terminate the Contract with immediate effect by giving written notice to You if You fail to pay or threaten not to pay any amount due under the Contract on the due date for payment.
11. Consequences of Termination
11.1. On termination of the Contract any Fees owed to Us by You will become due immediately.
11.2. Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
11.3. Any provision of the Contract that expressly or by implication is intended to have effect after termination shall continue in full force and effect.
12. Data Protection
12.1. All information We may hold for You will be held and processed in accordance with the UK General Data Protection Regulation (UK GDPR).
12.2. You are referred to Our Privacy Notice which can be found at https://121privatetutor.co.uk/privacy-policy-2
13. General Terms
13.1. Neither party shall be in breach of the Contract nor liable for delay in performing or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control (a Force Majeure Event). These include: (a) natural disasters or “acts of God,” such as lightening, tornadoes, hurricanes, tsunamis, floods and earthquakes; (b) manmade disasters, such as plant fires or floods; (c) war and civil issues, such as riots, civil unrest, acts of terrorism; (d) labour disputes or strikes; (e) government embargoes or other government actions affecting the supply chain; (f) power outages or transportation issues; (g) epidemic, pandemic or quarantine; (h) third party supply chain difficulties; and (i) and (j) all other causes whatsoever.
13.2. Clause 13.1 above shall not apply in respect of any failure or delay by You to make any payment to Us that falls due under the Contract.
13.3. These Terms and the Confirmation constitute the entire agreement between Us and You.
13.4. The Contract is between Us and You. No other person shall have any rights to enforce any of its terms.
13.5. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
13.6. If a court finds part of these Terms invalid, illegal or unenforceable, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.7. If We do not insist immediately that You do anything it is required to do under these Terms, or if We delay in taking steps against You in respect of You breaching the Contract, that will not mean that We waive any right or remedy We may have against You under these Terms and it will not prevent Us taking steps against You at a later date.
13.8. We may amend these Terms from time to time. No variation of these Terms or the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
13.9. The Contract and any dispute or claim arising out of or in connection with it shall be governed by the law of England and Wales. Either party can bring legal proceedings in respect of the Goods, Services and/or Digital Content in the English courts.