Terms & Conditions — Clients

Learn&Co Client Terms and Conditions

Please read these terms carefully. They apply to the tuition you arrange with us.

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

Trial lessons: if you book a trial lesson before deciding whether to continue, these terms apply to that trial lesson, including the cancellation provisions in clause 10. A trial lesson does not commit you to ongoing tuition. Payment for trial lessons must be made at least 48 hours before the lesson; the lesson is confirmed once payment is received.

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 entering into a contract 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 sign your tuition agreement with us or, for a standalone trial lesson, the date on which you book 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 address is 40 Furness Road, London SW6 2LH. 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 limitation’.

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 covers:

• 3.1.1 Tutor Selection: We select Tutors carefully before they join our network, so that they meet our standards of quality and expertise.
• 3.1.2 Consultation Services: We get to know your goals and advise you on the right course and the right Tutor from our network for you.
• 3.1.3 Bespoke Solutions: We design customised solutions for individuals, schools, and companies, aligning with specific learning objectives and requirements.
• 3.1.4 Specialist programmes: School trips, exchanges and other specialist programmes are subject to separate terms and conditions applicable to the relevant programme. Please see our School Trips & Exchange Programme Terms & Conditions for further details.
• 3.1.5 Tutoring and Booking: Once you are happy with the Tutor proposed to you, you book lessons or courses with them.
• 3.1.6 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 a 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 Lessons in a package can be rescheduled with the required notice, but they must be completed within the timeframe agreed when the package was purchased. Lessons not booked or rescheduled within that timeframe are forfeited and are not refunded, except where clause 10.7 or 10.8 applies or your statutory rights provide otherwise.

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: if you have booked a package, the lesson counts as delivered and is taken from your package; if you pay monthly for Flexi tuition, the lesson is payable as part of that month’s invoice.

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.

10E. Recording

10E.1 Discovery Calls are recorded on Zoom, and Chemistry Calls are recorded only where needed. Tuition lessons are not audio- or video-recorded. Our Privacy Policy explains how recordings are handled.

11. Your legal right to cancel within 14 days

11.1 If you are a consumer and sign your tuition agreement with us without meeting in person, you have a legal right to cancel it within 14 days of signing, without giving a reason. Group courses booked through our website are covered separately by clause 10C.

11.2 To cancel, simply tell us in writing, for example by email to operations@learnand.co. You may use the form at Schedule 2, but you do not have to.

11.3 If you cancel within the 14 days and no tuition has taken place, we will refund what you have paid within 14 days of your cancellation.

11.4 If you ask us to begin your tuition during the 14-day cancellation period, you will be asked to confirm this when you sign your tuition agreement and to acknowledge the circumstances in which your right to cancel will end.

12. Termination – general

12.1 Either party may end this agreement at any time by giving the other not less than 30 days’ notice in writing, subject to clause 12.2. Where clause 12.2.2 applies, it replaces this notice period.

12.2 Please note:

• 12.2.1 packages and language courses are paid in full upfront. If you choose to end this agreement before you have used all the lessons in a package or course, the remaining lessons are not refunded. This does not apply where we cannot provide your tuition (clauses 10.7 and 10.8), and it does not affect your right to cancel under clause 11 or your other statutory rights as a consumer;
• 12.2.2 if you pay for Flexi tuition monthly, your tuition continues on a rolling monthly basis and you may stop at any time before your next monthly payment is due on the 1st of the month. Lessons you have already paid for are not refundable simply because you choose to stop. This does not affect your statutory rights as a consumer.

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 remains liable for Fees that fell due before the date of termination. No new Flexi monthly payment falls due once Flexi tuition has been stopped under clause 12.2.2;
• 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 (registration reference ZB001125).

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, 40 Furness Road, London SW6 2LH.

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 Tuition is paid in one of two ways. Packages: paid in full upfront, before tuition starts. Flexi: ongoing tuition at an agreed frequency, normally one lesson a week, invoiced at the start of each month for that month’s lessons (four lessons in a four-week month, five in a five-week month). Trial lessons are paid as set out in paragraph 3.2.
• 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 a predefined package.

3. How tuition is paid

• 3.1 We will confirm how your tuition is paid at the time of booking.
• 3.2 Trial lessons must be paid for at least 48 hours before the lesson; the lesson is confirmed once payment is received.
• 3.3 For all tutoring other than trial lessons, tuition is paid as follows:
• 3.3.1 Flexi: ongoing tuition at an agreed frequency, invoiced at the start of each month for that month’s lessons;
• 3.3.2 packages and intensive language courses: paid in full upfront, before tuition starts;
• 3.3.3 school trips, exchanges and other specialist programmes are subject to their own separate terms and conditions.
• 3.4 We will confirm when payment is due at the time of your booking.

4. Payment terms

• 4.1 Packages are invoiced when the agreement is signed, are payable on receipt of invoice, and must be paid in full before tuition starts. Flexi tuition: payment is due on the 1st of each month. Trial lessons must be paid for at least 48 hours before the lesson.

5. Accepted payment methods

• 5.1 You can pay by card through Stripe.
• 5.2 You can also pay packages and Flexi tuition by bank transfer. Our bank details are shown on each invoice.

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 cancel this agreement under clause 11)

To:

Learn & Co Limited

40 Furness Road

London SW6 2LH

0203 488 6832

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