I represent a school / LEA
This page, together with our Code of Conduct tells you information about us and the legal terms and conditions (Terms) on which we supply our online tutoring sessions and service (“Tutoring Services”) detailed on our site.
These Terms will apply to any contract between us for the provision of Tutoring Services to you as subscriber, for the benefit of your registered students (Contract). Please read these Terms carefully and make sure that you understand them, before subscribing for Tutoring Services. Please note that before subscribing you will be asked to agree to these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. Every time you wish to subscribe for Tutoring Services, please check these Terms to ensure you understand the terms which will apply at that time.
In these terms we use the term “user” which shall mean any person using our site, whether as a registered student or otherwise, and “subscriber” being a person, school or organisation who has registered with us and has paid for our tutoring services on behalf of a student.
Information about us
This site is operated by Learn Solutions Limited, trading as TLC Education Group (“we”). We are registered in England and Wales with company registration number 5021588 and have our registered office at Toad Hall, Castle Camps, Cambridgeshire CB1 6TP. Our main trading address is at 2 Ducketts Wharf, South Street, Bishop’s Stortford CM23 3AR. Our VAT number is 994 736 361
We are a limited company.
Use of our site
You confirm that you have authority to bind any business, school or organisation on whose behalf you use our site to subscribe for Tutoring Services.
How the contract is formed between you and us
Once you have completed and submitted your registration form and submitted this to us, you will receive an e-mail from us acknowledging that we have received your request. However, please note that this does not mean that your request has been accepted. We will confirm our acceptance to you by sending you a confirmatory e-mail. The Contract between us will only be formed when we send you the confirmatory e-mail.
If for any reason we are unable to supply you with Tutoring Services, we will inform you as soon as possible.
When you subscribe, you will be required to subscribe for Tutoring Services for a period of at least one academic term and for not less than 5 tuition sessions per week or equivalent throughout that term. You may fill the tuition sessions that you have subscribed with the number of registered students that you see fit, and you may add and change registered students. For the avoidance of doubt, if you fail to fill the tuition sessions, we will not provide a refund to you.
Prices and Payment
The prices of sessions and Tutoring Services will be as quoted on our site from time to time. We take all reasonable care to ensure that the quoted prices are correct at the time when the relevant information was entered onto the system. However if we discover an error in a price, we reserve the right not to accept your order for Tutoring Services at the incorrect price.
Prices may change from time to time, but changes will not affect any order which we have confirmed.
The price our Tutoring Services are inclusive of VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your request and the date of provision of the Tutoring Services, we will adjust the VAT you pay, unless you have already paid in full before the change in VAT takes effect.
We will invoice you for Tutoring Services subscribed for following our confirmation email to you. Payment of all invoices shall be due within 30 days of date of invoice and shall be made without withholding, set off or counterclaim. We reserve the right to charge interest on any overdue sums at a rate of 5% per annum above the base rate of the Bank of England from time to time, both before and after judgement.
Sessions need to be taken in the academic year in which they are taken. Sessions cannot be carried over from one academic year to another.
Discounts, promotions and special offers may not be combined.
Cancellation and Refund Policy
You agree that it will be necessary for a tutor to prepare each tuition session prior to it taking place in order to reflect the registered user’s individual needs and purposes. You therefore acknowledge and agree that the Tutoring Service shall commence on the Deemed Start Date which shall be the time 36 hours prior to the first scheduled tuition session.
If you need to postpone scheduled tuition sessions, you must give written notice to us. Courses may not be postponed after the date of the first scheduled teaching session.
Any cancellation, postponement or refund request must be submitted in writing to us.
We will not provide refunds or additional tuition sessions where the registered student has missed or been unavailable for a scheduled session.
If you cancel your request for Tutoring Services before you have received a registration confirmation from us, you will receive a 100% refund.
If you cancel a Contract for provision of Tutoring Services before the Deemed Start Date for the first scheduled tuition session, we will provide you with a refund but reserve the right to charge you 25% of the total price paid to cover the costs incurred by us in connection with works carried out by us prior to cancellation, and to deduct this sum from the refund given to you.
If you cancel a Contract for provision of Tutoring Services before the Deemed Start Date for the second scheduled tuition session, we will provide you with a refund of up to 50% of price that you have paid.
Refunds will be processed within 4 weeks of cancellation.
Our Warranty and Limitation of Liability
We warrant that:
- we will use all reasonable endeavours to make available the agreed teaching sessions during the timetabled hours agreed by us in our confirmation email to you;
- the Tutoring Services will be provided with reasonable skill and care; and
- the Tutoring Services will be provided by suitably qualified and competent tutors.
- Our Guarantee to you
When we commence provision of Tuition Services to a registered student we will carry out an individual assessment of that student’s needs, strengths and weaknesses. We guarantee that our Tutoring Services will fill one skill gap for that individual student in every ten tuition sessions that they are enrolled for and attend. We will reassess each student at the end of a ten session block of tuition upon the same basis as their initial assessment, and if upon our reassessment of the student we have failed to fill one skill gap for the individual, we shall provide for that student additional tuition sessions free of charge until such time as a skill gap for the individual has been filled, up to a maximum of five additional sessions. The additional sessions shall be provided at times to be agreed between you and us.
- We agree that in the event that we are breach of our obligations to you we will be liable to you for the reasonable and foreseeable losses you may suffer or incur as a result of our breach of these Conditions up to a maximum of the charges you have paid for the Tutoring Services provided in breach of these Conditions.
- Whilst we endeavour to ensure that the Tutoring Services provided by this site and the material on this site is a valuable educational aid bringing real benefits to students, save as provided in paragraphs (a) and (b) above, no warranty, express or implied, is given as to the effectiveness of such Tutoring Services or materials as educational or revision aids, and to the extent permitted by law we exclude our liability for any errors, omissions or unsatisfactory examination results arising from reliance upon information received via or materials on the site.
- To the extent permitted by law, and save as otherwise set out above in paragraph (c) above we expressly exclude liability for any direct or indirect liability for loss or damage (including, without limitation, loss of profit, production, anticipated savings or business opportunities or any type of indirect, economic or consequential loss) arising in contract, tort (including negligence), statutory duty or otherwise howsoever arising from the use of or inability to use this site, or any material contained in it, or from any action or decision taken as a result of using this site or any such material. We do not exclude or restrict liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor any other liability that can not be excluded by law.
- We are neither an internet service provider nor a technical support team. We do not take responsibility for any problem concerning a technical issue regarding an individual’s or organisation’s personal computer or internet service provider.
- Whilst we will use reasonable endeavours to ensure that the website is fully functioning providing a high quality of service, we cannot guarantee that the site will consistently be free from delays, interruptions or errors of any kind.
- In the event that the site is infiltrated by an unauthorized party, we will not be held liable for any misuse of personal data.
We use reasonable endeavours to ensure that our systems and tutors are operated with the intention of a 24 hour a day, 7 day a week availability, and unlimited tutoring access for students with subscription packages. However, given the nature of unexpected spikes in demand and, at times, the limited nature of human resources, we cannot guarantee this availability, nor do we accept any liability (including, without limitation any refund claims) at times of low or no availability.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you, and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Contacting each other
When we refer, in these Terms, to “in writing”, this will include e-mail.
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to TLC Education Group at 2 Ducketts Wharf, South Street, Bishop’s Stortford CM23 3AR or email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Other important terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
If any provision of these terms shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable in any way, such invalidity or unenforceability shall in no way impair or affect any other provision, all of which shall remain in full force and effect.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.