Terms & Conditions — Clients

Learn&Co Client Terms and Conditions

Important: by clicking to accept these terms, you agree to be bound by them.

Please read these terms and conditions before agreeing to them. If you have any questions, let us know at operations@learnand.co.

Note on trial lessons: if you are booking a trial lesson in advance of considering whether to proceed with a formal tutoring programme, these terms and conditions will apply. See in particular the cancellation provisions in clauses 10-12, and note that payment for trial lessons must be made at least 72 hours in advance of the lesson

1. Definitions and interpretation

1.1 The following definitions are used in this agreement:

• Business Day: a day from Monday to Friday (both days inclusive), excluding bank holidays and public holidays in England and Wales.
• Client: the person forming a contracting for tutoring with Learn & Co under these terms and conditions. The words ‘you’ and ‘your’ are also used to refer to the Client.
• Effective Date: this is the date on which this agreement commences, namely the date on which you click to accept it, or otherwise the date on which you first book tutoring having received a copy of it.
• Fees: the price payable for tutoring, as described in clause 7 and Schedule 1, as increased from time to time in accordance with this agreement.
• Intellectual Property: this principally means copyright (in writing, visual images, recorded sound and similar), but it also includes other creative output such as trademarks and trade names, service marks, design rights, database rights and rights in data, image rights, and rights in software.
• Learn & Co: Learn & Co Limited, a company incorporated and registered in England and Wales with company number 10532891, whose registered office is at Heygates Lodge, Elkington, Northampton NN6 6NH. The words ‘we’, ‘us’, and ‘our’ are also used to refer to Learn & Co.
• Services: the services that we carry out, namely the provision of tutoring, plus the handling of payments and receipt of feedback, along with client relationship management and dealing with queries.
• Tutor: a person who has been engaged by Learn & Co to provide tutoring to customers of Learn & Co.
• VAT: value added tax chargeable under English law.

1.2 Headings in this agreement are for convenience only and are not part of the agreement.

1.3 Where this agreement refers to a ‘person’, this includes a natural person, or any kind of business or organisation.

1.4 The words ‘include’, ‘including’, ‘for example’ and similar are not exhaustive, and should be read as if followed by the words ‘without imitation’.

1.5 Unless the context requires otherwise, words in the singular in this agreement include the plural (and vice versa). Words denoting one grammatical gender include all grammatical genders.

1.6 A reference to ‘writing’ or ‘written’ includes e-mail.

1.7 A reference to a ‘party’ is to a party to this agreement. The exception is in the phrase ‘third party’, which means someone outside this agreement.

2. Commencement and term

2.1 This agreement will be binding from the Effective Date. It will run until it is terminated in accordance with clause 11 or 12.

2.2 This agreement applies between us to the exclusion of any other terms, other than those that exist at law and cannot be excluded.

3. Our role and obligations

3.1 Our role encompasses a comprehensive seven-part service designed to cater to a wide range of educational needs:

• 3.1.1 Tutor Selection: We meticulously select appropriate individuals to become Tutors, ensuring they meet our high standards for quality and expertise.
• 3.1.2 Consultation Services: We provide personalised consultation to advise you on the optimal language course and tutor tailored to your specific needs.
• 3.1.3 Bespoke Solutions: We design customised solutions for individuals, schools, and companies, aligning with specific learning objectives and requirements.
• 3.1.4 In-Country Trips: We organise and deliver immersive in-country trips, offering real-life language and cultural experiences.
• 3.1.5 School Exchange Programmes: We facilitate and conduct school exchange programmes, enhancing educational experiences through international exposure.
• 3.1.7 Tutoring and Booking: We enable you to select a Tutor and book lessons or courses, providing flexibility and choice in your learning journey.
• 3.1.8 Administrative Support: We handle all administrative aspects, including payments, feedback, general communication, receiving notices from you, contract administration, and serving as the first point of contact for any complaints.

3.2 In carrying out our role, we meet the following obligations:

• 3.2.1 we use no less than a standard of reasonable skill and care at all times;
• 3.2.2 we ensure that valid DBS checks have been carried out on all Tutors;
• 3.2.3 we have insurance in place to cover any liabilities that we may have under this agreement;
• 3.2.4 we act in your best interests.

3.3 No other warranties or promises, other than those that exist at law and cannot be excluded, are included in this agreement. We pride ourselves on our rigorous selection process and our unique tutor matching service, designed to meet your specific educational requirements. However, it’s important to recognize that individual learning outcomes, including passing specific examinations or tests, can be influenced by numerous factors beyond the direct control of our Tutors. As such, while we are committed to offering personalised and targeted tutoring solutions, the attainment of particular achievements cannot be explicitly guaranteed.

3.4 Tutors are entitled to choose their own teaching methods and content; lesson contents are not specifically signed off with us in advance.

3.5 We will comply at all times with our Safeguarding Policy, a copy of which will be given to you.

4. Choosing a Tutor, and booking tutoring

4.1 You may book tutoring for yourself or for a person aged under eighteen. If you are booking for a person under 18, you must have responsibility for that person and be entitled to make arrangements on that person’s behalf.

4.2 On or around the Effective Date, we will register you so that you can book tutoring. All lessons and courses are to be booked by email directly with the Tutor. For each lesson the Tutor will generally send a calendar invitation along with an email to confirm the time and date of the lesson. You will also be able to make proportionate and relevant contact with the Tutor by SMS, WhatsApp messaging or telephone.

4.3 We will match you with one or more of our Tutor(s) who, we believe, meet your requirements. In the unlikely event that we do not believe we can match you with a Tutor, we will confirm this to you in writing and this agreement will automatically expire.

4.4 To enable you to choose a Tutor, we ask our Tutors to allow customers a free 15-minute introductory call.

4.5 Once you are comfortable with your choice of Tutor, you should book all lessons directly with the Tutor.

5. Your obligations

5.1 You confirm that:

• 5.1.1 you are at least 18 years old;
• 5.1.2 if you book tutoring for student under 18, you have responsibility for that person and are entitled to make arrangements on that person’s behalf;
• 5.1.3 you will provide accurate information in relation to all tutoring;
• 5.1.4 you will treat Tutors with courtesy.

6. Non-solicitation

6.1 In order to protect our business to a sensible degree, we have put in place the following provisions in this clause 6. By entering into this agreement, you acknowledge that you have read and understood them, and you accept that they are a reasonable means of protection for Learn & Co.

6.2 During the term of this agreement, you will not:

• 6.2.1 attempt to make, or agree to make, a private tutoring arrangement with a relevant Tutor that would sit outside this agreement; or
• 6.2.2 recommend a relevant Tutor to any third party with the intention that such third party would book lessons privately.

6.3 For a period of twelve months following termination or expiry of this agreement, you will not attempt to make, or agree to make, a booking for tutoring with any relevant Tutor. If you wish to receive tutoring from a relevant Tutor in this period, you must first re-enter into an agreement with Learn & Co.

6.4 For the purposes of this clause 6, a ‘relevant Tutor’ is a person from whom you have received lessons under this agreement, or whom you know to be a Tutor of Learn & Co.

7. Fees

7.1 The Client will pay Learn & Co the Fees as described in Schedule 1 to this agreement.

7.2 All Fees will be quoted to you inclusive of VAT.

7.3 If you are late with any payment, we have the following rights:

• 7.3.1 to suspend lessons, and you will still be liable to pay for any lesson that is suspended;
• 7.3.2 to charge you interest on any overdue sum from the due date at the rate of two per cent per year above the base rate of the Bank of England, with interest accruing daily until the date on which Learn & Co receives payment together with all accrued interest; or
• 7.3.3 to terminate this agreement under clause 12.3.1.

8. Complaints

8.1 We believe you will be happy with the tutoring and with our Services. However, if you are ever unhappy, or if you have any questions, whether it is about our Services or about a Tutor, we hope you will contact us to discuss.

8.2 You can address any issue to Maria Toubbe at operations@learnand.co.

8.3 We will endeavour to resolve your issue on an informal basis. If necessary, we will request that the Tutor takes part in the process, or at least comments on your feedback.

8.4 If, having made an informal complaint, you remain unsatisfied, you can make a formal complaint, which we will investigate. A copy of our complaints procedure is available on request.

8.5 If you have any safeguarding concerns at any time, please contact Maria Toubbe at maria@learnand.co.

9. Intellectual property rights

9.1 All Intellectual Property in any materials that you receive from us remain owned by us: this includes the contents of our website, our Safeguarding Policy, and any other documents that we give you.

9.2 All Intellectual Property in any teaching materials that you receive from a Tutor remain owned by the Tutor. You are entitled to use those materials for your own learning purposes, but you may not lend, sell, give away, copy, or post those materials online.

10. Cancelling a lesson

Client cancellation

10.1 To cancel or reschedule a lesson, please notify the Tutor via email, ensuring at least two Business Days’ notice is given. For instance, if your lesson is scheduled for 1.00 p.m. on a Friday, the Tutor must receive your notice of cancellation or request to reschedule before 1.00 p.m. on the preceding Wednesday. This policy applies to individual lessons and lessons included in packages.

10.2 Please note, while lessons booked as part of a package can be rescheduled with the required notice, they must be completed within the original time frame agreed upon at the time of purchase. Failure to book or reschedule these lessons within the agreed timeframe will result in the forfeiture of the lessons, with no refunds available.

10.3 Additionally, the ability to reschedule a lesson is subject to the Tutor’s availability. We recommend communicating with your Tutor as early as possible to facilitate rescheduling and ensure continuity in your learning experience.

10.4 Cancellation and rescheduling rights do not extend to entire courses or packages purchased as a whole, except as individually agreed in terms of rescheduling lessons within the package’s duration.

10.5 If you cancel the lesson in the manner and timescale stated in clause 10.1, you will not have to pay for the cancelled lesson. If you do not cancel the lesson in that manner and timescale, or if you do not turn up to a lesson, you will be charged for it in full.

Tutor cancellation

10.6 In the event that a Tutor must discontinue tutoring for an extended period, whether due to illness or other significant reasons, we will endeavour to find a suitable replacement tutor who matches your learning needs and preferences as closely as possible. This effort is part of our commitment to ensuring your educational journey remains uninterrupted.

10.7 However, we recognize the importance of the tutor-learner relationship and, as such, you are under no obligation to accept the replacement tutor. If you choose not to continue with a replacement tutor provided by us, you will not be charged for any outstanding lessons that have not been delivered.

10.8 If a Tutor has to stop tuition altogether with a Client, Learn & Co will try to find a suitable replacement Tutor as soon as possible, subject to availability. You will not be charged for any cancelled lessons in this situation.

10A. Minimum enrolment (group courses)

Group courses normally run with four or more participants, and a maximum of six participants may be enrolled. We may accept bookings before four participants have booked and paid. We review enrolment 14 days before the scheduled start date and will tell you as soon as we can whether the course is confirmed. Bookings remain open after that review while places remain. If enrolment is still insufficient, we may cancel the course up to two Business Days before the scheduled start date.

10A.1 If Learn&Co cancels a group course for any reason, you will receive a refund of 100% of the amount you have actually paid. If you would prefer, you may instead choose to transfer your booking to another suitable course or to take a credit towards another Learn&Co service. That choice is yours, not ours.

10B. Cancelling a group course booking (group courses)

10B.1 This clause 10B applies to group course bookings and takes precedence over clauses 10.1 to 10.5 and clause 12.2.1 for those bookings. The times below are measured from the scheduled start date of the course.

• 10B.1.1 More than 14 days before the start: you will receive a refund of the amount you have actually paid less a cancellation charge of 10%. If you prefer, you may instead ask to transfer your booking, on one occasion, to another suitable course, subject to availability, level and our approval. If the new course costs more, the difference must be paid before the transfer takes effect. If it costs less, the difference is not refunded.
• 10B.1.2 Between 8 and 14 days before the start: you will receive a refund of the amount you have actually paid less a cancellation charge of 25%. No transfer or credit is offered as standard.
• 10B.1.3 Seven days or less before the start: you will receive a refund of the amount you have actually paid less a cancellation charge of 50%. No transfer or credit is offered as standard.
• 10B.1.4 After the course has started: no refund, transfer or credit is offered as standard.

10B.2 Lessons you do not attend are not refunded, credited or replaced as standard.

10B.3 We may agree something different in an individual case. Where we do, we will record it in writing, and it does not change this policy for anyone else.

10C. Your legal rights when you book a group course online

10C.1 When you buy a group course through our website, you normally have a legal right to cancel within 14 days of making the booking and to receive a refund. This right sits alongside clause 10B: where it applies, it takes precedence, and no cancellation charge is taken.

10C.2 If your course starts within that 14-day period, we ask you to confirm at checkout that you want the course to begin straight away. If you then cancel within the 14 days after the course has begun, we may keep a proportionate amount for the teaching already delivered, and refund the rest.

10C.3 Your statutory rights under consumer law are not affected by these Terms.

10D. Learn&Co credits

A credit may be issued where we have cancelled a course and you have chosen a credit instead of a refund, or where we have agreed one in your particular circumstances. Each credit is issued for a stated amount and carries its own validity date, which we confirm in writing when the credit is issued. Credits may be used towards Learn&Co courses and may be used across more than one booking until the balance is exhausted.

11. Termination – 14-day rights

General position: no 14-day right to terminate the agreement

11.1 These terms and conditions are generally made available to a customer at the commencement of discussions regarding tutoring, and you only need to proceed once you are comfortable with the idea of doing so. Therefore, in these circumstances, the 14-day cancellation/termination period at law for distance contracts will not apply, and your sole termination right is set out at clause 12. This clause 11.1 does not apply to group courses booked through our website: those bookings are covered by clauses 10B and 10C, and the 14-day right described at clause 10C is not excluded.

Exceptional situations

11.2 The 14-day right of cancellation would apply to any agreement where the agreement has been made available to you at short notice and you are required to accept by return. This is not our standard practice, and so this is not expected to arise, but for the sake of completeness, if it ever did arise, you would have the following right:

• 11.2.1 to cancel at any time in the first 14 days following the Effective Date;
• 11.2.2 in order to cancel, you can use any written method you wish, provided that your desire to cancel is clear. For your convenience you may choose to (but you are not required to) use the form attached at Schedule 2;
• 11.2.3 if you choose to book lessons in writing during the 14-day period, these will be payable in the ordinary way, even if you cancel.

12. Termination – general

12.1 Either party may terminate this agreement for convenience at any time by giving the other party not less than 30 days’ notice in writing, subject to clause 12.2.

12.2 Please note:

• 12.2.1 if you have booked a package for a fixed period, or a language course, you will still be required to make full payment for the entire period/course, even if you terminate: no refunds will be given for that period/course, and any unpaid sums for that period/course will remain payable;
• 12.2.2 if you have not booked a package or a course, during the 30-day notice period you will remain liable to pay for all lessons according to your normal booking pattern: for example, if the Client has eight lessons a month, the Client must pay for eight lessons over the 30-day period (whether or not he or she attends them), and the cancellation rights for individual lessons under clauses 10.1 and 10.2 do not apply during the notice period.

12.3 Either party may also terminate this agreement if the other party:

• 12.3.1 has failed to pay any amount due under this agreement, and such amount remains unpaid for ten days after the due date; or
• 12.3.2 commits a material breach of this agreement; or
• 12.3.3 is insolvent (in the case of a company) or bankrupt (in the case of a person).

12.4 On termination of this agreement for any reason:

• 12.4.1 the Client will remain liable to pay for Fees up to the date of termination;
• 12.4.2 the parties’ rights and liabilities up to the date of termination will survive;
• 12.4.3 any provision of this agreement that relates to the period after termination will continue in force.

13. Limitation of liability

13.1 Our liability to you is restricted to a situation in which we have failed to provide the Services in accordance with this agreement and the law, or have failed to honour your legal rights.

13.2 We have no liability for the educational outcome of the tutoring, including for the results obtained in consequence of it. We cannot guarantee specific results.

13.3 Subject to clauses 13.1 and 13.2, and except where our liability to you may not be limited or excluded by law, our maximum total liability to you in relation to this agreement will be limited to an amount representing the total sums you have paid for tutoring in respect of the six months preceding the date on which liability was first incurred (or six times the sums paid in respect of the average month, where liability occurs during the first six months of this agreement).

14. Data protection

14.1 You confirm that you have the lawful right to transfer all personal data that you transfer to us.

14.2 We will handle, store and use your personal data in accordance with our Privacy Policy. Without limitation, we will at all times comply with all obligations under data protection laws in our performance of, and receipt of performance under, this agreement.

14.3 We are registered as a data controller with the Information Commissioner’s Office.

15. Notices

15.1 Any notice from the Client to Learn & Co under this agreement should be sent to Maria Toubbe at notice@learnand.co or by post to Learn & Co Limited, Heygates Lodge, Elkington, Northampton NN6 6NH.

15.2 Any notice from Learn & Co to the Client will be sent to the postal or email address that we have on file for you.

15.3 A notice will be deemed to have been received at the following times:

• 15.3.1 by email: at the time at which it is sent;
• 15.3.2 by registered first-class post: forty-eight hours after it is posted, save, in all cases, that if such time is not on a Business Day, it will not be considered received until 0900h on the next Business Day.

16. Varying these terms

16.1 We may vary these terms from time to time in order to comply with the law or take account of necessary changes in our business practices. We will inform you of such variation, which will have effect from the next time you book a lesson having received a copy.

16.2 We may increase our Fees for tutoring from time to time, to take account of increases in the cost of doing business. We will inform you of any changes when they occur. For the avoidance of doubt, no such change will affect any sums that you have paid in advance.

17. Other important provisions

17.1 If you or we fail to exercise, or delay in exercising, any right or remedy provided under this agreement or by law, that does not constitute a waiver of such right or remedy.

17.2 If any provision of this agreement is found to be invalid, illegal, or unenforceable, it will be deemed not to form part of the agreement, without affecting the validity of the other provisions.

17.3 Any marketing materials, or discussions between Learn & Co and the Client, are excluded from this agreement and do not form part of it.

17.4 This agreement is personal to the Client, who may not transfer it to another person.

17.5 No person other than Learn & Co and the Client has any rights under this agreement.

18. Updating terms and conditions

18.1 Learn&Co will notify all existing clients of any changes to the terms and conditions via email. The notification will detail the significant changes and their reasons to maintain transparency.

18.2 Clients are considered to have accepted the new terms if they continue using Learn&Co’s services 30 days after the notification date. This period allows clients to review the changes thoroughly.

18.3 Changes will be documented and published on the Learn&Co website, with the effective date clearly marked. Clients are encouraged to review the terms in full.

19. Governing law and jurisdiction

19.1 This agreement, 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), is governed by, and will be construed in accordance with, the law of England and Wales.

19.2 The parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims). However, if you are based in Scotland or Northern Ireland, you may instead choose to bring proceedings in the courts of the region in which you live.

Schedule 1 – Fees

1. Principles

• 1.1 All lessons and tutoring services are billed monthly, except where agreed otherwise, and are collected via Direct Debit.
• 1.2 Fee levels are as agreed prior to tuition between Learn & Co and the Client.
• 1.3 Fees must not be agreed with a Tutor.

2. Fee rates

• 2.1 All Fees are based on the confirmed rate per hour, multiplied by the number of contracted tutoring hours.
• 2.2 Details of Fees will be provided prior to the Effective Date.
• 2.3 Any future increases in Fees will be confirmed to you in writing.
• 2.4 Discounts are available for a variety of packages, tailored to meet diverse learning needs and schedules. Eligibility for discounts is contingent upon the purchase of any predefined package and adherence to our advance payment terms, which allow for payment in 1 to 3 consecutive instalments, depending on the specific package chosen.

3. Payment plans

• 3.1 We will set out the payment plan for you at the time of booking.
• 3.2 Trial lessons must be paid for at least 72 hours in advance.
• 3.3 For all tutoring other than trial lessons, three payment plans exist:
• 3.3.1 a monthly payment plan for ongoing tutoring, with invoices sent to you on the first of the month to cover tuition in the preceding month;
• 3.3.2 for packages and intensive language courses, we require up-front payment in either one, two or three instalments, with the dates to be confirmed to you in advance;
• 3.3.3 for in-country language courses, we generally require up-front payment in a single instalment.
• 3.4 We will confirm the required payment dates at the time of your booking.

4. Payment terms

• 4.1 Payment is due no later than seven days after the date of invoice, unless a specific invoice states different payment terms. The exception is in relation to trial lessons, which must be paid for at least 72 hours in advance of the lesson.

5. Accepted payment methods

• 5.1 For monthly payments, we prioritise Direct Debit arrangements via GoCardless as our preferred and most cost-effective payment method, ensuring a seamless and secure transaction process.
• 5.2 For clients preferring or requiring the use of credit cards, payments can be facilitated through Stripe. Please be aware that transactions through Stripe incur higher processing fees, which will be passed on to the client. These fees will be clearly communicated at the time of payment processing to ensure transparency.
• 5.3 Additionally, we accept direct bank transfers for the full payment of packages, offering a straightforward payment option without additional fees. The necessary bank details will be clearly stated on your invoice(s).

6. Questions on invoices

• 6.1 If you have any questions relating to Fees or invoices, please contact us at finance@learnand.co.

Schedule 2 – Model cancellation form

(Complete and return this form only if you wish to withdraw from the contract during the first 14 days)

To:

Learn & Co Limited

40 Furness Road

London SW6 2LH

0203 488 6823

operations@learnand.co

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service: tutoring services, ordered on [*].

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is sent on paper):

Date:

[*] Delete as appropriate