Tutoring Terms & Conditions

TUTORING TERMS AND CONDITIONS

Welcome to Masarak, our online tutoring site!

In these terms, we also refer to Masarak Limited (trading as Masarak), a company registered in England and Wales under Company Number 16970783 with registered office 167-169 Great Portland Street, Fifth Floor, London, England, W1W 5PF as “Masarak”, “our”, “we”, or “us”.

And you are you!

YOUR KEY INFORMATION

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used.

The Consumer Rights Act 2015 says:

• you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
• if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
• if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

What are these terms about?

These terms apply when you sign up for our Tutoring Services through our website, being http://www.masarak.education and any other websites we operate with the same domain name and a different extension (Website).

Key Words used in these terms

To make it easier for you to understand the terms on which we provide, and you use, the Tutoring Services, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.

When we say “Tutoring Services” in these terms, we mean our online or in-person (as the case may be) tutoring services available to be booked through our Website (Sessions), including our Programme, Phase Modules, Support Sessions and any of the services provided during the Tutoring Services, including access to any video content and associated resources or materials (Tutoring Services).

Students who attend Sessions will be referred to in these terms as Students.

When we say “Tutor” we are referring to one of our approved, qualified teachers who will provide the Tutoring Services to the Student.

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

Acceptance of these terms

Before you place an order for our Tutoring Services, or otherwise engage with the Tutoring Services, please carefully read these terms. If you don’t agree to these terms, please don’t place an order for the Tutoring Services. By clicking “accept” when you create an account, or otherwise proceed to engage with the Tutoring Services, you agree to be bound by these terms.

1. INFORMATION WE GIVE YOU
   1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This information is set out at the start of these terms and elsewhere throughout our website. If you cannot access this information for any reason, you are welcome to contact us using the functionality on the website and we will provide you with a copy of this information.
   2. The key information we give you by law forms part of this contract (as though it is set out in full here).
   3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
2. ELIGIBILITY

   The Tutoring Services are available to Students located within and outside the United Kingdom and at any level of academia (subject at all times to clause 25.1 and the ability, capacity and/or availability of Masarak to provide Students with geographically specific and curriculum specific Tutoring Services as advised by Masarak from time to time).

3. PURCHASING SESSIONS
   1. By submitting an order for purchase of Sessions using the Website’s functionality (Order) you represent and warrant that you:
      1. have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      2. are authorised to use the debit or credit card you provide with your Order.
   2. Submitting an Order constitutes your intention and offer to enter into a contract with us under these terms, where we will provide you with the Sessions you have ordered in exchange for your payment of the total amount listed upon checkout.
   3. If the Student is under 18, you acknowledge and agree to these terms on the Student’s behalf. By acknowledging and agreeing to these terms on behalf of a Student, you warrant that you are the Student’s parent or legal guardian and have authority to enter into these terms and any other documents on behalf of the Student.
   4. These terms are not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
   5. You agree to provide consistent information to us throughout the booking and registration process, including in respect of your first and last name (and any Student’s first and last name, as applicable).
4. ACCOUNTS
   1. To submit an Order and/or to purchase Sessions, you may be required to sign-up, register and receive an account through the Website (an Account).
   2. As part of the Account registration process and otherwise as part of your use of the Website, you may be required to provide personal information and details, such as your email address, first and last name of the Student’s parent or legal guardian, first and last name of the Student, level or standard, the Student’s age, the Student’s date of birth, grade of the Student, preferred username, a secure password, billing and postal addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
   3. You warrant that any information you give to us, including information given in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
   4. Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
   5. We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
5. TUTORING SESSIONS

   5.1 TYPES OF SESSIONS

   1. Through the Website, Masarak offers a structured tutoring Programme, delivered in three separate phases:
      1. Spark;
      2. Build; and
      3. Showcase (and otherwise as detailed on our Website)
      (Programme)
   2. Students may purchase:
      1. the Programme as a whole; or
      2. one or more individual phases of the Programme as standalone offerings (each a Phase Module), subject to availability and as described on the Website; and
      3. private additional support sessions (Support Sessions) (to be purchased only in addition to the Programme or a Phase Module and are expressly not included in the Programme or a Phase Module).
   3. Depending on the selections made by Students on the Website, the Programme, each Phase Module and any Support Sessions are delivered through a series of Sessions as applicable and as advised on our Website. Such Sessions may include from time to time private sessions (Private Session) or group sessions (Group Session). All Sessions will commence on the date as advertised to Students on our Website from time to time.
   4. Where applicable, the pricing of different types of Sessions may vary depending on the length of the Session and other variables from time to time.
   5. The Programme and Phase Modules are outcome-based offerings, and references to hours, session numbers or durations are indicative only. Completion of the Programme, Phase Module or Session does not entitle a Student to a refund or price reduction by reference to unused or undelivered time, except where required by law.
   6. Sessions are not transferrable to other Students.
   7. Timetables for Sessions may vary according to the Tutor’s availability. We will provide reasonable effort to accommodate all Students, however we do not guarantee that the timetable offered will be suitable for you.
   8. The Students in Group Lessons are grouped based on the Student’s ability and may change depending on the Student’s progress.

   5.2 TRIAL SESSIONS

   1. Students who have not booked any Sessions through Masarak (New Students) are entitled to 1 free 30 minute trial session (Trial Session).
   2. A Trial Session is only available for New Students who intend on signing up for Group Sessions. Trial Sessions are not available to New Students who wish to sign up for Private Sessions.

   5.3 BOOKING PROCESS

   1. All bookings for Sessions must be completed through the Website.
   2. Payment for all Sessions is due at the time of placing an Order in accordance with clause 10.
   3. Once payment for an Order has been made, you will receive a confirmation email from us, which will contain:
      1. confirmation of Session details, including dates and times; and
      2. a link for the Session and lesson instructions.
      (Order Confirmation).

   5.4 SESSION REQUIREMENTS

   1. (Arrive on time) Students must arrive on time for their scheduled Session. If a Student arrives to their scheduled Session late or is absent, you will not be refunded any Fees and the scheduled Session will not be extended in time.
   2. (Behaviour) Students must ensure they take part in the Sessions in a respectful manner, in accordance with any behavioural policies we have in place from time to time, and in accordance with any instructions provided by the Tutor. We reserve the right to dismiss a Student if they exhibit poor behaviour during a Session as reasonably determined by the Tutor or us.
   3. (Non-compliance) We reserve the right not to commence a Session or end a Session early at any time without that Session being refunded or rescheduled if a Student fails to comply with any of this clause 5.4.

   5.5 IF YOU MISS A GROUP SESSION

   If a Student misses a Group Session, Masarak will provide the Student with a recording for the missed Session, provided the Student has paid for the relevant Session. For the avoidance of doubt, if a Student misses a Group Session, you will not be refunded any Fees.

   5.6 RESCHEDULING A SESSION

   1. (Group Sessions)
      1. If a Group Session falls on a United Kingdom Public Holiday, Masarak may at its sole discretion, elect to:
         1. reschedule the Group Session; or
         2. provide the Students of the Group Session with a recording of the relevant session.
      2. Masarak reserves the right to reschedule a Group Session at any time. We will notify you as soon as possible if we need to cancel a booked Group Session and offer to reschedule the Group Session at an alternative date and time, or provide the Student with a recording of the relevant Group Session.
   2. (Private Session)
      1. Provided that a Student has notified the Tutor at least 48 hours before the relevant Private Session start time, then the Student will be offered the ability to reschedule the Private Session if possible.
      2. If the Tutor is not able to reschedule a Private Session within a reasonable timeframe, the Student can elect to get a refund of that Private Session.
      3. If the Tutor is late to a Private Session by more than 15 minutes, then the Student can request a reschedule or a cancellation of that Private Session. The Student can receive a refund for that Private Session at its discretion.
      4. Any Private Sessions that are cancelled within 48 hours prior to the relevant Private Session start time will not be refunded or rescheduled.
      5. Tutors shall use their best efforts to attend Private Sessions, however, from time to time unforeseen events may occur which may cause the Tutors to cancel their Private Sessions. Where this occurs, Tutors shall have the right to cancel any Private Session prior to the start time, provided that they comply with the other terms of these terms. In the event that the Tutor cancels a Private Session, then the Student will receive a full refund for that Private Session.
6. CANCELLATION

   6.1 RIGHT TO CANCEL

   1. You have the right to cancel this contract within 14 days without giving any reason as set out below (Cancellation Rights). The cancellation period will expire after 14 days from the day of receipt of the Order Confirmation (Cooling-off Period).
   2. To exercise the Cancellation Rights, you must inform us of your decision to cancel this contract by a clear statement to us, for example by emailing us using the contact details available on our website.
   3. To meet the Cancellation Rights deadline, it is sufficient for you to send your communication concerning your exercise of the Cancellation Rights before the cancellation period has expired.
   4. These Cancellation Rights change if a Student has already begun receiving the Tutoring Services, and either had a Session with a Tutor when you cancelled, or you have remaining Sessions in respect of which you have already paid the Fees as follows:
      1. Should you request cancellation of remaining Tutoring Services within the Cooling-off Period you shall be entitled to a refund, less the value of the Tutoring Services that have already been performed by the Tutor up to and including the date which you give notice; or
      2. Should you request cancellation of remaining Tutoring Services after the Cooling-off Period and delivery of the Programme or Phase Module has commenced, you will have no right to cancellation for convenience, and no refunds or credits will be provided for unused Sessions, partial completion of changes in availability, timetable to personal circumstances; or
      3. If the entirety of the Tutoring Services have already been performed during the Cooling-off Period, you will have no right to cancellation or a refund.
   5. If you wish to cancel the Tutoring Services after the Cooling-off Period has ended but prior to the commencement of the first Session (as relevant), you are entitled to a full refund, provided:
      1. for Group Sessions: you provide us with written notice prior to the commencement of the first Session (as relevant); or
      2. for Private Sessions: you provide us with written notice at least 48 hours prior to the relevant Private Session.
   6. For Group Sessions only: If you wish to cancel the Tutoring Services after both the Cooling-off Period and commencement of the first Session (as relevant), you may do so by written notice to us, however:
      1. You are not entitled to a full refund; and
   7. The maximum refund you are entitled to is 25% of the Fees for the remaining Sessions.
   8. We may terminate these terms at any time by writing to you if you commit a breach of these terms or you demonstrate a pattern of behaviour which in our sole opinion is likely to cause damage to us, our staff or our reputation.
   9. If we terminate these terms due to your breach of the terms, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaching these terms.
   10. This does not affect the rights you have if your services are faulty. A summary of these rights is provided at the top of this page.

   6.2 TIMING OF REIMBURSEMENT

   1. If a reimbursement is due under this clause 6, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
   2. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7. MEDICAL
   1. You must inform us of any medical or other condition affecting the Student.
   2. If a Student has any potential for anaphylaxis or other life-threatening conditions, the participant must be accompanied to their Session by a parent or care-giver who is capable of managing the situation if it arises.
   3. You acknowledge and agree that in the event of an accident, first aid may be administered to the Student and emergency services may be called at your cost.
8. TUTORS
   1. We reserve the right to change the Tutors who are conducting the Sessions at any time.
   2. All our Tutors:
      1. are qualified teachers; and
      2. have undertaken a standard Disclosure and Barring Service (DBS) check.
9. SESSION MATERIALS
   1. We may provide Students with materials relevant to the Tutoring Services (Session Materials).
   2. If Session Materials are provided, we will provide the Student with a link to access a specific drive or server.
   3. You acknowledge and agree that any Session Materials we provide will only be used for your own personal and non-commercial purposes and will not be shared with anyone else unless we expressly allow you to do so. You must obtain our written permission if you want to share any of the Session Materials with anyone else.
   4. You are responsible for managing your or the Student’s drive account and ensuring that you or the Student only uses drive in an appropriate manner and does not upload any material that could be taken to threaten, bully, harass, intimidate or otherwise offend any other Student or our Tutors or personnel.
   5. If you or a Student is deemed by us to have breached clauses 9(c) or 9(d), the content may be removed by us and the Student may be prohibited from attending future Sessions.
   6. We retain all Intellectual Property Rights (as defined below in clause 14) in all Session Materials.
10. PAYMENT
    1. All Fees are:
       1. as displayed and accepted by you at the time of checkout (Fees);
       2. in GBP; and
       3. subject to change without notice prior to you placing an Order or entering into these terms.
    2. (Payment obligations) You must pay the Fees in full at the time of placing an Order.
    3. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for Sessions. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.
    4. (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Sessions, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Sessions at the correct Fees or cancelling your Sessions. If you choose to cancel your Sessions and the Fees have already been debited, the full amount will be credited back to your original method of payment.
    5. (VAT) Unless otherwise indicated, amounts stated on the Website do not include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us providing a tax invoice to you.
11. DISCLAIMER
    1. (No results guaranteed) While every endeavour is made to ensure that Students benefit from the Sessions and improve their performance in the relevant school subject, we make no representation that such improvements will occur.
    2. (Experience of Tutors) All Tutors have experience to teach a range of levels, however for the avoidance of doubt, we make no representation or warranty regarding the formal qualifications of our Tutors.
    3. (Confidentiality) A Student must not disclose to any person any confidential information disclosed by any other party (including other Students) without the party’s prior written consent.
    4. (Information) All information provided by us, including information that is provided by us as part of the Sessions, or provided by us or our personnel via our Website or a third party website, via email or over the phone is of general educational nature. No information provided by us is intended to be professional advice of any kind and it should not be relied on as such.
    5. (Intentional Damage) You acknowledge and agree that in the event a Student commits any intentional damage to any equipment, materials or other property of Masarak (Property), you will be liable for all costs for repair or replacement of the Property.
12. PHOTOGRAPHY & PERMISSION
    1. We may photograph or record any part of the Sessions, including photography and recording footage featuring the Student (Media).
    2. You consent for the Media to be used by or on behalf of us for publication on our Website, in our marketing and promotional material, and on any other website or in any media we may select for publication.
    3. You assign (including as a present assignment of future copyright) and transfer to us all right, title and interest (including intellectual property rights) in and to the Media, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Media.
    4. You release us from, and indemnify us against, all claims, actions, demands and liabilities in relation to the creation of Media, which you or the Student may have against us.
13. YOUR PRIVACY AND PERSONAL INFORMATION
    1. Our Privacy Policy is available at http://masarak.education/privacy-policy.
    2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
14. INTELLECTUAL PROPERTY

    14.1 OUR IP

    Intellectual Property Rights in the Tutoring Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

    You will not under these terms acquire Intellectual Property Rights in any of Our IP.

    14.2 DEFINITIONS

    For the purposes of this clause 14:

    1. “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.
    2. “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
15. THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES

    15.1 THIRD PARTY GOODS AND SERVICES

    1. The Tutoring Services may be powered by goods or services provided by third parties (including third party platforms) and therefore subject to the terms and conditions of those third parties. Your use of the Tutoring Services is subject to any applicable third party terms and conditions and you agree to familiarise yourself with all applicable third party terms and conditions.
    2. To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of the Tutoring Services or any issues experienced in Tutoring Enrolment.

    15.2 THIRD PARTY CONTENT

    The Tutoring Services may contain text, images, data and other content provided by a third party and displayed in the information provided through the Tutoring Services (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

    15.3 LINKS TO OTHER WEBSITES

    1. The Tutoring Services may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    2. Inclusion of any linked website on the Tutoring Services does not imply our approval or endorsement of the linked website.
16. DATA PROTECTION
    1. Words and phrases in this clause shall have the meaning given to them by applicable data protection and privacy laws, including the General Data Protection Regulation 2016/679 (“GDPR”) as amended, and the Data Protection Act 2018 as amended that implements or supplements the GDPR or otherwise applies to data protection and privacy, and any statutory instrument, order, rule or regulation made thereunder, as from time to time amended, extended, re-enacted or consolidated (“Data Protection Legislation”) and the terms “controller”, “processor”, “process” and “personal data” shall have the meanings given to those terms in such Data Protection Legislation.
    2. During and after the delivery of the Tutoring Services, the Student agrees that Masarak will be processing personal data for its own purposes and as such will be a controller under the Data Protection Legislation and this includes (but is not limited to) the following purposes:
       1. Masarak providing the Tutoring Services;
       2. Masarak and/or its Personnel and third party partners may use the contact details the Student and the Student’s representatives to send marketing materials or other publications;
       3. Masarak may process personal data concerning its other clients and contacts in other ways for its own business purposes;
       4. Masarak may process and transfer personal data as necessary to effect a re-organisation of its business; and
       5. Masarak may share personal data with other legal or professional advisers or consultants used by it to provide the Student with legal or professional advice.
    3. During and after the delivery of Tutoring Services, there may be limited occasions where Masarak may process on the Student’s behalf as a processor any personal data the Student may have provided to Masarak. Masarak will advise the Student in writing where Masarak believes Masarak may act as a processor and any such processing shall be in accordance with, and subject to, the Student’s instructions.
    4. Before performing the processing Masarak shall document within the instructions the subject matter and duration of the processing, the nature and purpose of the processing, the types of personal data and categories of data subjects and the other terms prescribed by the Data Protection Legislation. Masarak will ensure that all appropriate technical and organisational measures are taken to protect any personal data supplied by the Student to Masarak against unauthorised or unlawful processing, accidental loss, destruction or damage, including when Masarak subcontract any processing (for example, in the case of external storage of data).
    5. The Student’s instructions are taken to include the use by Masarak, where appropriate, of independent contractors and third party partners appointed by it for functions such as data and file storage, back-up, destruction, billing, debt collection, legal processing and the like, in accordance with the foregoing.
    6. By accepting this Agreement, the Student gives positive consent for Masarak to obtain, store and process information about the Client as described in the preceding clauses. The Student agrees that where necessary the Student will have satisfied relevant statutory ground under the Data Protection Legislation in connection with the above-described categories of processing, before providing Masarak with personal data. It is also a term of this Agreement that any personal data supplied by Masarak to the Student about employees/independent contractors of Masarak and/or any third parties may only be used for the express purposes for which that information is provided to the Student under this Agreement.
    7. Each party shall comply with the terms of the Data Protection Legislation.
17. THIRD PARTY DATA
    1. The Student warrants, in relation to the personal information and all other data that it provides to Masarak in connection with this Agreement (“Third Party Data”), that:
       1. the Student has all necessary rights in relation to Third Party Data, such that the Tutoring Services can be performed in respect of that data;
       2. the Student is not breaching any Law by providing Masarak with the Third Party Data;
       3. Masarak will not breach any Law by performing the Tutoring Services in relation to any Third Party Data;
       4. there are no restrictions placed on the use of the Third Party Data (including by any Third Party Terms) and if there are any such restrictions, the Student has informed Masarak of this, and Masarak has agreed to perform the Tutoring Services in respect of that data (being under no obligation to do so); and
       5. Masarak will not breach any Third Party Terms by performing the Tutoring Services in relation to any Third Party Data.
    2. The Student agrees at all times to indemnify and hold harmless Masarak and its officers, employees and agents from and against any loss (including reasonable legal fees and costs) or liability incurred or suffered by any of those parties, where such loss or liability was caused or contributed as a result of or arising out of a breach of a warranty in clause 17(a).
18. SECURITY

    We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Tutoring Services. You should take your own precautions to ensure that the process that you employ for accessing the Tutoring Services does not expose you to risk of viruses, malicious computer code or other forms of interference.

19. REPORTING MISUSE

    If you become aware of misuse of the Tutoring Services by any person, any errors in the material in the Tutoring Services or any difficulty in accessing or using the Tutoring Services, please contact us immediately using the contact details or form provided on our Website.

20. SERVICE LIMITATIONS

    The Tutoring Services is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:

    1. the Tutoring Services will be free from errors or defects;
    2. the Tutoring Services will be accessible at all times;
    3. information you receive or supply through the Tutoring Services will be secure or confidential; or
    4. any information provided through the Tutoring Services is accurate or true.
21. NOTICES
    1. A notice or other communication to a party under these terms must be:
       1. in writing and in English; and
       2. delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
    2. Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:
       1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
       2. when replied to by the other party,
       whichever is earlier.
22. LIABILITY
    1. To the maximum extent permitted by applicable law, our maximum aggregate liability to you for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Tutoring Services, the Website, these terms or any other goods or services provided by us is limited to the actual amounts paid by you under these terms for the relevant Sessions giving rise to the claim (if any).
    2. All express or implied representations and warranties in relation to the Tutoring Services, the Website, these terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
    3. To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these T&Cs or a Scope of Work including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
    4. (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
       1. breach of any of these terms;
       2. use of the Tutoring Services, the Website, the Services or any other goods or services provided by us; or
       3. use of any other goods or services provided by us.
    5. (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Tutoring Services, the Website, these terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under law).
    6. Nothing in these terms will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
    7. Nothing in these terms and conditions is intended to affect your statutory rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
23. DISPUTE RESOLUTION
    1. A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
    2. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
    3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
24. TERMINATION

    24.1 TERMINATION BY US

    We may, in our sole discretion, terminate these terms at any time by providing 7 days’ written notice to you.

    24.2 TERMINATION FOR CAUSE

    Either party may immediately terminate these terms by written notice to the other party if:

    1. the other party is in default or breach of these terms;
    2. the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of the other party, affects the other party’s obligations under these terms;
    3. the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or
    4. the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.

    24.3 EFFECT OF TERMINATION

    Upon termination of these terms:

    1. your Account will be terminated, and you will no longer have access to the Tutoring Services;
    2. any Fees paid are non-refundable (unless the Cancellation Rights in clause 6 apply); and
    3. you must immediately deliver to us all property belonging to us and materials comprising or containing any of Our IP (as defined in clause 14.2(a)) which is in your care, custody or control, and you must thereafter destroy any copies you have of such materials.

    24.4 SURVIVAL

    Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these terms will survive and be enforceable after such termination or expiry.

25. GENERAL

    25.1 GOVERNING LAW AND JURISDICTION

    These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

    25.2 WAIVER

    No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    25.3 SEVERANCE

    Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

    25.4 JOINT AND SEVERAL LIABILITY

    An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    25.5 ASSIGNMENT

    You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

    25.6 THIRD PARTY RIGHTS

    No one other than a party to this contract has any right to enforce any term of this contract.

    25.7 COSTS

    Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

    25.8 ENTIRE AGREEMENT

    These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

    25.9 INTERPRETATION

    1. (singular and plural) words in the singular includes the plural (and vice versa);
    2. (gender) words indicating a gender includes the corresponding words of any other gender;
    3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    6. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
    7. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
    8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
    10. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.