TERMS & CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions.
Application ​
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These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old. Or if you are a parent or carer of a student / pupil who wishes to use any of our services.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Order means the Customer's order for the Services from eClassroom Limited as submitted following the step by step process set out on the Website;
8. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
9. Services means the services advertised on the Website, including any Goods (Online Lessons and/or Tuition), of the number and description set out in the Order;
10. Website means our website https://www.eclassroom.org.uk/ on which the Services are advertised.
Services
11. The description of the Services and any Tuition / Tutoring is as set out in the Website, catalogues, brochures or other form of advertisement.
12. In the case of Services and any made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Services which appear on the Website are subject to availability. Please contact us if you wish to enquire about availability regarding Tutoring or Learning Packages.
14. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes, either via the website or via email.
15. Failure to comply with the above is a Customer default which entitles us to suspend any pending lessons until you remedy it or if you fail to remedy it following our request, we can terminate your service with immediate effect on written notice to you.
Intellectual Property Rights
16. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
17. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
Online Safety
18. eClassroom will always ensure the highest possible standard of safeguarding and online safety. Students should not engage with Tutors in regards to anything non work related. Students within lessons should not discuss anything which isn’t work related, or related to the lesson itself.
19. All students send ID to eClassroom for the sole purpose of validation of details, which will improve online safety with us.
Online Procedures
20. It is the parent, carers and / or students responsibility to ensure their punctual attendance to online lessons within the package purchased. Attendance will be monitored by eClassroom and we may suspend service until further notice without refund until attendance issues are resolved.
21. At the checkout it is the clients responsibility to take into account timings of lessons and ensure pupil is available for those times.
23. Due to the nature of lessons primarily being online. There may be times where connectivity is compromised. The Tutor will always ensure that internet connection is sufficient at their end, so we do not accept responsibility for internet connection issues from the clients end.
24. By agreeing to the terms and conditions client shall accept that eClassroom will not bear responsibility for poor connection which compromises service. We may offer alternative provision where applicable but we will not refund any purchase made related to internet connection issues.
25. The tutor will address any misuse of the online platform or pupils who do not behave appropriately during online lessons. The tutor reserves the right to disconnect pupils from any lesson and suspend any further lessons until any issues are resolved.
Client Policy
26. Students will treat Tutor and where applicable, other students with respect, fairness and without discrimination.
27. Zero tolerance for inappropriate communications with Tutor. Appropriate communication between both parties refers to work and/or study related content.
28. All students must adhere to the Tutors behaviour policy which will be made clear during lesson and/or via communication by email or call.
Tutor Policy
29. All tutors hold a current advanced DBS certificate.
30. Tutors at eClassroom will establish clear rules to ensure the environment is appropriate for learning. This will include their own behaviour policy which may vary across different abilities and/or Tutors.
31. Tutors will treat everyone fairly and failure to do so will result in termination / suspension in regards to our services.
32. Tutors must, in writing report to eClassroom any inappropriate behaviour or illegal activity within an Online Lesson. eClassroom will decide on appropriate action to take.
Personal information and Registration
33. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
34. We retain and use all information strictly under the Privacy Policy.
35. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
36. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
37. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
38. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order ( Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the purchase by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the payment but in any event not later than the start time of your first upcoming lesson.
39. No variation of the subscription, or purchase, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
40. We intend that these Terms and Conditions apply only to a Service entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
41. The fees (Fees) for the Services, the price of any service (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard rate basis. The fees are for up to 4 weeks of online lessons for that month, Please note during Christmas and Easter, there will be a week of rest during both respective periods. This will usually be the last week of December and the week following Good Friday.
42. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before start date of any Online Lessons or Tutoring Lesson and / or service.
Withdrawal and cancellation
43. Lesson attendance is the purchasers responsibility. Please let us know 24 hours before lesson start if there is a reason you cannot attend.
44. 1:1 lessons can be refunded if notice is given at least 72 hours prior to start of lesson. If a purchase of a 1:1 lesson was made less than 72 hours in advance then we will reschedule your lesson to a more suitable time and date. Conditional on agreement with us you may pay for 1:1 lessons after online lesson has ended.
45. Online Lessons may be cancelled at any time by purchaser at least 24 hours prior to start date. Full refund will be issued to original payment method.
46. We reserve the right to cancel / suspend services for students that do not adhere to our online safety guidance and/or online behaviour policy as set out on our website.
Duration, termination and suspension
47. The Contract continues as long as it takes us to perform the Services.
48. Either you or we may terminate or suspend the Services at any time by a written notice of termination or suspension to the other if that other: commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed via communication with us and/or you Tutor.
Circumstances beyond the control of either party
49. In the event of any failure by a party because of something beyond its reasonable control: the party will advise the other party as soon as reasonably practicable; and the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.
Privacy
50. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
51. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.
52. For the purposes of these Terms and Conditions: 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR. 'GDPR' means the General Data Protection Regulation (EU) 2016/679. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
53. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
54. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws: before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; we will only Process Personal Data for the purposes identified; we will respect your rights in relation to your Personal Data; and we will implement technical and organisational measures to ensure your Personal Data is secure.
55. For any enquiries or complaints regarding data privacy, you can e-mail: info@eclassroom.org.uk.
Governing law, jurisdiction and complaints
56. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
57. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
58. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
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