Ergo Education - Terms and Conditions

TERMS AND CONDITIONS

Information about us and how to contact us
1. We are ERGO EDUCATION LIMITED a company registered in England and Wales. Our company registration number is 13262477 and our registered address is Flat 1, 93 Ladbroke Grove, London, W11 1NY, UK. Our registered VAT number is pending registration.
2. You can contact us by telephoning our customer service team via telephone to 07904110212 or by writing to us at info@ergo-education.com.
3. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order. It is your responsibility to make sure that we have your most recent contact details.
4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our Website
1. For browsing and information purposes only our website is provided by us to you free of charge.
2. Our website is for your personal and non-commercial use only. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of our website.
3. We make no promise that our website is appropriate or available for use in locations outside of the UK and the USA. If you choose to access our website from locations outside the UK and the USA, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
4. We try to make our website as accessible as possible. If you have any difficulties using our website, please contact us using the contact details in clauses 1.1 and 1.2.
5. As a condition of your use of our website, you agree not to:
  
  (a)misuse or attack our website by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
  
  (b) attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer or database connected to our website.
6. We may prevent or suspend your access to our website if you do not comply with these terms or any applicable law.
7. Use of our website may require registration, particularly in order to access restricted areas of our website. We are not obliged to permit anyone to register with our website and we may refuse, terminate or suspend registration to anyone at any time.
8. You are responsible for making sure that your password and any other account details are kept secure and confidential. If we have reason to believe there is likely to be a breach of security or misuse of our website through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
9. The intellectual property rights in our website and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from our website are owned by us and our licensors.
10. Any of our content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgement when using our website.
11. While we try to make sure that our website is available for your use, we do not promise that our website will be available at all times or that your use of our website will be uninterrupted.
12. Our website may contain hyperlinks or references to third party advertising and websites other than our website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site and is at your own risk.
These terms
1. These terms set out (i) your legal rights and responsibilities; (ii) our legal rights and responsibilities; and (iii) certain key information required by law.
2. Please read these terms carefully before you decide to buy our services and enrol in our courses. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what are your obligations, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
3. If you would like this contract in another format (for example: audio, large print, braille, BSL format) please contact us using the contact details at clauses 1.1 and 1.2.
Your privacy and personal information
1. Our Privacy Policy is available below.
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.
3. We may take photos and video recordings of our sessions for use in our publicity materials including leaflets, stands, website and social media. We will also use quotes from your feedback. If you wish not to have your photos, videos or quotes taken or used, you should inform us at the earliest opportunity.
Our commitment to safety
1. We are committed to ensuring that our environment supports learning and promotes the wellbeing of students and staff through a strong sense of community cohesion. We therefore expect you to promote courtesy, co-operation and consideration towards others.
2. We will NOT accept any inappropriate and unacceptable behaviour from you. We have provided below some examples of behaviours which are unacceptable to us. Please note that examples and the list is not exhaustive. It is important to understand that even minor behavioural breaches may be treated as serious misconduct if they are persistent or repeated.
3. The following behaviour is regarded as completely unacceptable and will always result in immediate termination of the contract by us:
  (a) verbal abuse to students and tutors
  (b) indecent behaviour
  (c) misuse of illegal drugs and other substances
  (d) actual or threatened violence against our students or tutors
  (e) unacceptable behaviour which has previously been reported
4. If we find that you are guilty of misconduct, we will terminate your contract with immediate effect. You will not be entitled to any reimbursements of your fees.
Our contract with you
1. CLICK HERE IF YOU ARE A STUDENT/PARENT
2. CLICK HERE IF YOU WANT TO WORK WITH US - TUTORS
Our responsibility for loss or damage suffered by you
1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
3. We are not responsible for the acts or omissions of Students or Tutors and are solely responsible for our own acts or omissions.
Other important terms
1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract within a reasonable and practical time of us telling you about it and we will refund you any payments you have made in advance for products and/or services not provided.
2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide products or services, we can still require you to make the payment at a later date.
6. These terms are governed by English law, and you can bring legal proceedings in respect of the services in the English court.

OUR CONTRACT WITH YOU – STUDENT & PARENTS

Below, we set out how a legally binding contract between you and us is made.

Registering with us
1. To use our services, you are required to register with us and set up an account through our platform. Please check carefully that all your personal information is correct. In any event, you will be able to amend your personal details on the ‘Profile’ section of your account.
2. We may contact you to say that we do not accept your request. This is typically for the following reasons:
  (a) we cannot carry out the services (this may be because, for example, we have a shortage of staff);
  (b) you are not allowed to buy the services from us; or
  (c) we are not allowed to sell the services to you.
3. Our acceptance of your enrolment will take place with a confirmation email from us at which point a legally binding contract will come into existence between you and us and we will provide our services as agreed.
Children
1. If you are under the age of 18 you may not buy our services without adult consent or supervision unless as set out in this clause 2.
2. You must be at least 16 years old to book a session for yourself. You will still be required to provide a parent/legal guardian’s email address. The parent or guardian will be notified when you create an account with us or every time you book a session through our platform. You are responsible for making sure that you provide the correct contact details of your parent/legal guardian for us to contact .
3. If a student is under the age of 16, we require that a designated parent/legal guardian creates an account with us, providing their personal details as well as those of the student to access our services through the platform. The parent/legal guardian shall be responsible for managing all the student’s activities on the platform including but not limited to being responsible for paying the sessions, managing the bookings and supervising the students during their session.
4. We are not responsible for any dispute between a person under the age of 18 and a parent or guardian.
Booking your sessions with us
1. Our sessions provide 1-1 access to one of our tutors. They take place online, from the comfort of your own home, place of work, or other location of your choosing.
2. You can book your tutoring session online through our platform. You will be required to insert your requirements, availability and preferences. Our system will then match each student with up to 3 potential tutors according to individual subject need, availability and rate. We take into account personal profile needs as well such as gender specific needs. However, we cannot guarantee that any or all of our students’ needs will be met through our matching system.
3. Students can decline their matches as many times as they think fit. However, we cannot guarantee that you will be allocated a tutor if you refuse all your proposed matches.
On-demand
1. We offer on-demand courses where you can book a session at any time with very little notice. Just click Book Now when you make a booking. Please contact us if you need more information.
Cancelling your sessions
1. Us. If we are required to cancel one or more of your classes for any reason, we shall notify you as soon as reasonably practicable. We will email you to propose a suitable match or to reschedule a date for the next available session at the earliest opportunity.
2. You. To the exception of clause 4 (On-demand), all your sessions are subject to a 24-hour cancellation policy. Any cancellations made with less than 24 hours’ notice are subject to the full fee. Cancellations made with over 24 hours’ notice can be postponed and rebooked at your discretion.
Your responsibilities
1. You are responsible to ensure that for your session you:
  (a) are in a well-lit area;
  (b) are in a place where you will not be interrupted;
  have sufficient broadband capacity to support video streaming even where others in the household are working from home or when multiple devices are connected. It is advised you connect your device to the internet via an Ethernet cable, not via Wi-Fi, to ensure reliability of the connection;
  (d) ensure all equipment is fully charged, set-up and checked prior to the session; and
  (e) Children. If you are under the age of 16, you should always attend your sessions with adult supervision.
2. Our tutors reserve the right to refuse to work if you have failed to provide a suitable working environment pursuant to clause 6.
3. Our tutors are not employees and are responsible for their own conduct and behaviour both on and off the platform.
Non-solicitation
1. You agree to never entice or solicit, or endeavour to entice or solicit or employ or engage or offer to employ or engage any of our tutors (a) at the time of booking the session, (b) during the period of any confirmed sessions, (c) or at any time within the first anniversary (1 year) from your last session (Restricted Period) for the provision of sessions outside our platform.
2. You acknowledge that breach of clause 7.1 will lead to immediate termination of the contract with you.
Intellectual property rights
1. You acknowledge that we are the sole owners of all and any intellectual property rights arising out of or in connection with the services provided to you, include all related documentation (in whatever media) supplied to you (Materials)
2. We licence you to use the Materials, provided you follow all of the rules described in this agreement. The licence:
  (a) is only for you personally and it cannot be transferred, showed, made available to anyone else;
  (b) is for your personal use and not for business use;
  (c) starts when you receive the Materials; and
  (d) covers content, materials, including all of our support resources.
3. You are not allowed to:
  (a) modify the Materials in any way;
  (b) pretend that the Materials are your own;
  (c) make it available for others to download or use (including by way of copying the Materials and creating an independent version).
Price and payment
1. The price of our sessions (which includes VAT whenever applicable) will be the rates indicated on our platform under each tutor’s profile.
2. To confirm your booking, you must enter valid payment details on the platform with sufficient funds to cover the sessions.
3. You will be able to purchase our services on a pay-as-you-go-basis or acquire any future subscription packages whenever they become available on the platform.
4. We accept payment via our site through our secure payment provider, ‘Stripe.com’. Please find here a link to its terms and conditions: https://stripe.com/en-gb/checkout/legal.
Terminating the contract
1. We may at any time terminate your contract with immediate effect with no liability to make any further payment to you if you are in material breach of any of your obligations under this agreement.

OUR CONTRACT WITH YOU - TUTORS

Below, we set out how a legally binding contract between you and us is made.

Apply to be a tutor
1. If you wish to become a tutor, you can do so by applying on our website. You must be at least 16 years old.
2. In the application form, we require you to provide the following documentation:
  (a) proof of ID;
  (b) CV;
  (c) two references;
  (d) a current black/white photo of you;
  (e) your qualifications (e.g., GSCEs, A Levels, undergraduate and postgraduate degrees);
  (f) enhanced DBS certificate to show that you can work with children;
3. Delay or failure to provide the documentation listed in clause 1.2 above to our reasonable satisfaction may result in your application being refused.
4. If your application is approved, you will be invited to attend one interview with us. We will let you know whether you are successful within 7 days from the date of your interview.
5. Our decision as to whether an applicant is eligible to become one of our tutors is final and we are not obliged to provide any reasons for your disqualification.
Working with us
1. If your application pursuant to clause 1 is approved, we will appoint you as one of our tutors to deliver 1-1 tutoring sessions, at which point a legally binding contract will come into existence between you and us.
2. You are required to register with us and set up an account through our platform. You are responsible for ensuring that the personal information you provide and personal statement on your profile is accurate and in no way misleading. You must update this information promptly to maintain its accuracy.
3. We will match each tutor with a student according to individual subject need, availability and rate. We also take into account personal profile needs as well such as gender specific needs.
4. You will provide each tutoring session with all due care, to the best of your skill and ability.
5. At all times and in all respect, you will:
  (a) ensure that you are available at all times on reasonable notice to provide such assistance or information as we or the students may require;
  (b) attend all the necessary training as required by us from time to time;
  (c) keep us informed of progress on all activities and projects in which you are engaged in connection with the tutoring services and will produce all such information and reports in such form as we may reasonably require from time to time;
  (d) cooperate with us in all matters arising under these terms or otherwise relating to the delivery of the sessions;
  (e) ensure that all tools, equipment, materials or other items used for the sessions are suitable for the delivery of the sessions, in good condition and in good working order.
  (f) Children. If you work with students who are under 18, you must ensure that these underage students are represented by a parent or legal guardian who gives consent for the student to receive tuition
6. You have no authority (and shall not hold yourself out as having authority) to bind us, unless you have been specifically permitted to do so, in writing, in advance.
Our matching system
1. You will be required to provide your availability as well as the subjects you are willing to teach. Our system will then match you with potential students according to individual subject need, availability and rate. The students will then either select you as their preferred match or may choose another tutor.
2. You agree that you will be ranked on our platform based on a mixture of profile data, student ratings, number of sessions delivered, and other metrics of our choosing. Positive feedback, prompt messaging, repeat bookings and a greater number of sessions delivered will contribute to you being ranked higher on our platform search engine results. We reserve the right to change the way our tutors are ranked at any time.
3. You acknowledge that we offer no guarantee of any work at any time, or any minimum amount of work.
What happens if we receive a complaint about you?
1. In the event that we receive a complaint about you, you will cooperate and take part in a formal review led by us. If you are found guilty of any misconduct, your contract will be immediately terminated by us.
2. Our tutors are not employees and are responsible for their own conduct and behaviour both on and off the platform.
Payments
1. We will pay your fees at a rate according to your fee schedule set on your profile. Once you register your account, you must enter valid payment details on the platform. Your payments will be managed through our secure payment provider, Stripe.com. Please find here a link to its terms and conditions: https://stripe.com/en-gb/checkout/legal.
2. You agree that we are responsible for setting your own fee schedule.
3. We are entitled to deduct any sums payable to you any sums that you may owe us at any time.
Confidential Information
1. You will not use or disclose to any person either during or at any time after your engagement with us any of our confidential information about the business or affairs or any of our clients or contacts, or about any other confidential matters which may come to your knowledge in the course of delivering the sessions. For the purposes of this clause, “confidential information” means any information or matter which is not in the public domain, and which relates to our affairs or any of our clients or contacts.
2. The restriction in clause 19.1 does not apply to:
  (a)any use or disclosure authorised by us or as required by law; or
  (b) any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
3. All documents, data, manuals, hardware and software provided for your use by us, and any data or documents (including copies) produced, maintained or stored on our computer systems or other electronic equipment, will remain our property.
4. You agree that you will not, without our prior written consent, publish or disclose to the public in any manner any information regarding us or our clients in any form (including, without limitation, on any website or any social media) at any time. (Unauthorised Publication).
Data protection
1. You consent to us holding and processing data relating to you for legal, personnel, administrative and management purposes as set out in our Privacy Policy.
2. The parties shall at all times comply with Data Protection Laws in connection for the processing of personal data.
3. For the purpose of this agreement, Data Protection Laws means, as binding on either party or the Services:
  (a) the UK GDPR; (b) the Data Protection Act 2018;
  (c) any laws which implement any such laws; and
  (d) any laws that replace, extend, re-enact, consolidate or amend any of the foregoing.
Intellectual property
1. The definitions in this clause 8.1 apply in this agreement.
  Intellectual Property Rights : copyright and related rights, moral rights, trade marks, trade names and domain names, patents, rights to inventions, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
2. You hereby acknowledge that we are the author and absolute owner of the Intellectual Property Rights arising out or of in relation to this contract including in particular all existing and future Intellectual Property Rights and all materials embodying such rights to the fullest extent permitted by law.
3. We hereby grant you a non-exclusive licence to use our Intellectual Property Rights exclusively for the delivery of your sessions (Permitted Use). Any other use outside the Permitted Use will not be accepted and will lead to immediate termination of the contract by us.
Non-solicitation
1. You agree to never entice or solicit, or endeavour to entice or solicit or employ or engage or offer to employ or engage any of our students (a) at the time of booking the session, (b) during the period of any confirmed sessions, (c) or at any time within the first anniversary (1 year) from your last session (Restricted Period) for the provision of sessions outside our platform.
2. In the event of a breach of clause 9.1, which results in one of our students leaving us and being engaged by you, you shall pay us by way of liquidated damages of a sum from £200 to £1,500 to be decided at our sole discretion.
Insurance, and liability
1. You will have personal liability for and will indemnify us for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by you of the terms of this agreement, including any negligent or reckless act, omission or default in the delivery of the sessions and will maintain in force during the period of your engagement with us a valid and up to date Disclosure and Barring Service (DBS) Certificate.
Termination
1. Without affecting any other right or remedy available to it, we may terminate this agreement with immediate effect by giving written notice to you at any time.
2. Termination of this agreement will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.
Status - no employment or benefits
1. You will be an independent contractor and nothing in this agreement will render you an employee, worker or agent of ours and you will not hold yourself out as such.