TERMS AND CONDITIONS
SCHOLAR HUB LIMITED
- These Terms
- These terms and conditions apply to all services ("Services") provided or arranged by us, Scholar Hub Limited ("us", "we" or “Scholar Hub”) to or for you, the provider of private tuition to Learners ("you", your or the “Educator”);
- These terms and conditions will apply at any time when you use the Scholar Hub website www.scholarhub.co.uk and associated mobile application (“Website”) or our Services. By continuing to use the Website or the Services you accept these terms and conditions (“Terms”) which will apply to the agreement between you and us (the “Agreement”);
- Please note that these terms apply only to the provision of Services by us to you, namely the service we offer allowing you to utilize our online videoconferencing facilities (“The Hub”) and to accept private tuition sessions or lessons (“Lessons”) with our learners (“Learners”). These terms do not apply to the Lessons you provide to Learners. The terms which apply between you and Learners or a Learner’s parents or guardians (“Parents”) are set out in our standard Lesson Conditions (at Schedule 1) together with those terms that you, as an Educator, may specify in your listing (see below);
- We may amend these Terms from time to time. Any amendments or new terms and conditions will be provided to you. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our Website or Services you will be deemed to have accepted the new terms.
- Registering and listing
- We will advertise you and your Lessons on the Website. You will be required to register with the Website and provide such information as we may request before you are listed;
- Information that you may be required to provide before we will list you include your name, address a copy of your passport or drivers licence, a credit or debit card, details of a Stripe Account set up in your own name, and ‘know your client’ checks such as Disclosure and Barring Service (DBS) checks;
- You will also be required to provide us with your teacher reference number and any other evidence we may request as evidence of your teaching qualifications and experience;
- You will be required to provide all relevant information in your listing including:
You will be asked to provide a unique username and password to enable you to access our booking system for the purposes of keeping your availability on your listing up-to-date. You are responsible for the accuracy of your availability at all times. You may list yourself as being available for online Lessons on different days and at different times;
You must provide us with any other information relating to you or your Lessons as we may reasonably request at any time and we may also ask you to clarify any information you have provided;
You must specify whether the Subject you teach is a standard subject which is taught in schools, colleges, universities (“Permitted Subject”).
Where the Subject you teach is a Permitted Subject, you will be required to specify that your Lesson Fee is VAT exempt;
Where the Subject you teach is not a Permitted Subject, you will be required to include VAT within your Lesson Fee (to the extent that VAT is due);
You may be required to provide information to our third-party provider (Shufti Pro, or any subsequent provider) for the purposes of carrying out ‘know your client’. The costs of identity checks will be borne by the Educator. The fees payable in respect of our third-party provider will be £10 subject to any changes in pricing as may be amended from time to time;
If you will be teaching Learners aged less than 18 years old, you will need to provide a valid up-to-date DBS check and/or we will carry out enhanced digital verification with our third party provider in accordance with 2.10. These further identity checks are compulsory and deciding whether both forms of identity check are required will be at our discretion;
If you are teaching Learners older than 18 years old, we may/may not require you to provide a valid up-to-date DBS check and/or we will carry out enhanced digital verification with our third party provider in accordance with 2.10. The requirement for these identity checks will be at our discretion;
You are responsible for the accuracy of all information in your listing and any information you provide to us in relation to your Lessons. You will be liable to the Learner or the Parents under the Lesson Conditions if the information you provide is inaccurate, incomplete or misleading in any way. Your liability may include any reasonable losses incurred by the Learner or Parent as a result of such inaccurate, incomplete or misleading information provided by you and you may be ordered to pay reasonable damages on the basis of misrepresentation, breach of contract or otherwise;
In addition to advertising you and your Lessons, we will be entitled to send promotional emails to Learners and Parents and provide such information about your Lessons as we may deem appropriate to promote Scholar Hub;
Please note that any personal information that you provide to us will be subject to our data protection obligations which are set out in our Privacy and Data Protection Policy. The Privacy and Data Protection Policy forms part of this Agreement.
- Days and times when you are available for Lessons;
- Your fees for a Lesson (“Lesson Fee”);
- Subjects you teach (“Subjects”);
- Details of your teaching experience (including number of years’ experience and schools at which you have taught);
- any other information, conditions or restrictions which apply to your Lessons which a Learner or Parent should be aware of before booking a Lesson.
- Scholar Hub
- Scholar Hub provides booking services to Learners and Parents. Scholar Hub also assists Educators with the listing of their services, Lessons, booking and payment processing. Scholar Hub does not accept responsibility for any Lesson, and we are not liable to Learners or Parents for any Lesson; you, the Educator, are responsible for the Lesson. Our only obligation is to provide a booking platform for Educators and Learners;
- At the time we confirm a booking for a Lesson and receive payment of the Lesson Fee from the Learner or Parent (see clause 4 below), a binding agreement will be formed between you and the Learner or Parent (as the case may be). The terms of that agreement will be as set out in the Lesson Conditions as set out under Schedule 1 and will only include any additional restrictions or conditions relating to your Lessons if listed by you in accordance with clause 2.4;
- You may not incorporate any additional terms into the Lesson Conditions other than the restrictions clearly included in your listing on the Website. You agree not to propose to the Learner or Parent any additional terms or amendments to the Lesson Conditions after a booking has been made without our consent. The Learner or Parent is not obliged to accept any further terms once a booking is confirmed through our platform;
- You may not under any circumstances arrange, or attempt to arrange, any Lesson other than using the Scholar Hub Website directly with a Learner, or in any manner attempt to circumvent the Scholar Hub Website, and if you breach this provision you indemnify and hold us harmless against all claims of whatever nature by a Learner or Parent arising from a breach of this provision. Breach of this clause will also allow us to terminate your access and participation of our services with immediate effect and to disqualify your from future use. We may also advise your then current Learners and Parents that you are no longer associated with us.
- The Lesson Conditions and any additional restrictions included in your listing are a contract between you and the Learner or Parent. We are not a party to that agreement, and we will not be liable to you, the Learner, the Parent or any third party for any breach of the Lesson Conditions or otherwise in relation to the Lesson.
- Bookings, payment and our charges
- Our platform will allow Learners and Parents to make bookings with you immediately. Unless you have cancelled your listing, you agree that a Learner or Parent may place a booking and that the platform may treat the booking as accepted (without further reference to you). For instance, if you have listed yourself as being available at specific times then we will be authorised to confirm bookings with Learners or Parents for those times without specifically agreeing these bookings with you in advance;
- Learners can also book a 30minute Session with an Educator through the platform. You must either accept or reject the interview request via the platform. If you accept the interview request, you will be charged a nominal fee for the use of the platform;
- Once we have accepted a booking on your behalf, we will request payment of the Lesson Fee from the Learner or Parent on your behalf;
- We will charge commission on each booking accepted on your behalf as a percentage of the total Lesson Fee or such other rate as we agree with you from time to time (“Booking Fee”). Following the deduction of our Booking Fee the balance of the Lesson Fee will be paid to you within 7 days of the Lesson taking place unless a Learner or Parent has raised a complaint during that time. Please refer to our pricing page for further details regarding our Booking Fees;
- If you wish to carry out enhanced ID verification with our partner (Shufti Pro, or any subsequent partner), then this may be subject to further fees.
- We reserve the right to withhold the Lesson Fee in the event of a complaint from a Learner or Parent within the 48 hour period pending resolution of that complaint;
- Once we have received the Lesson Fee from a Learner or Parent a booking will be deemed to have been accepted and you will have entered a binding agreement with the Learner to attend and provide the Lesson on the dates and times for which the booking has been made subject to the Lesson Conditions. We will confirm the booking with you as soon as practicable;
- In order to register an account with us, you will be required to set up your one Stripe Account to enable us to make payments to you (which you can find at . We are also authorised to use these details to deduct any payments you may owe to us or to a Learner or Parent;
- You agree that we may issue you with invoices and receipts in electronic format that will be available from your member dashboar.
- From time to time we may collect payment on your behalf from a Learner or Parent which we either have to repay to their credit card provider or which is deducted from a retention we have with our credit card processors (a “Chargeback”). If we are subject to a Chargeback in respect of a booking you agree that:
- we will not be under any obligation to make payment to you of any amount which is the subject of a Chargeback and any claim you have for non-payment of the Learner or Parent’s charges will be against the Learner or Parent (and we will not be obliged to pursue such claim); and
- if we are subject to a Chargeback after we have already made payment to you then you agree that you will repay to us an amount equivalent to the Chargeback.
- In the event of a Chargeback in relation to an amount we have already paid to you we reserve the right to deduct an amount equal to the Chargeback from any credit or debit card details you have supplied or from payments received from Learner or Parents for future bookings until we have been reimbursed in full and may use any credit or debit card details you have provided for such purposes.
- Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, a Learner or Parent will have the right to cancel their booking and contract with you without giving any reason within 14 days of it being entered into;
- If a booking is made for a Lesson during the 14-day cancellation period and the Learner or Parent then cancels the contract then they may be liable to pay a proportionate amount in respect of those services already provided to them;
- You agree to abide by the cancellation policy included in the Lesson Conditions (“Cancellation Policy”);
- Furthermore, you agree that if a Learner or Parent wishes to cancel a booking, they may do so through us and our Website and we will act as your agent in dealing with any cancellation. If we are required to process a cancellation, we will do in accordance with the cancellation terms in the Lesson Conditions;
- If we have received any payments in respect of a booking before a Lesson and such Lesson is subsequently cancelled by you or the Learner or Parent you authorise us to refund the Learner or Parent from any payments we are holding on your behalf and/or in line with our Cancellation Policy.
- Approvals and Consents
- By registering with us and listing yourself and your tuition services on the Website you are confirming that you have the relevant qualifications to teach in your area (be it as a teacher, counsellor, yoga instructor, personal trainer etc), and that you hold any qualifications that you are referred to as holding in your listing (such as, if you are referred to as being a qualified teacher, then you must hold qualified teacher status);
- You agree to notify us immediately if you cease to be registered as a qualified teacher or receive any notice, correspondence or contact in any other form indicating that you are to be or may be removed from the register. Following any such notice we reserve the right to terminate this Agreement and remove your listing from the Website immediately;
- You agree that we shall not be liable to you in any way whatsoever if you suffer any loss as a result of any person bringing proceedings against you in connection with a Lesson.
- Educators agree to allow scheduled sessions to be recorded for Learner revision purposes, and deleted after a fixed period.
- Your obligations
- You must:
- provide all Lessons to Learners with reasonable skill and care;
- ensure that all materials used in Lessons are of the highest quality and appropriate for the relevant Lesson and Learner;
- honour all bookings with Learners subject to the cancellation policy in the Lesson Conditions;
- provide your Lessons in accordance with the details and information set out in your Website listing;
- ensure that all information about you and your Lessons that you provide to us for inclusion on the Website is true and accurate in all respects and could not in way be construed as misleading to a Learner or Parent;
- not under any circumstances whatsoever use any coarse, obscene, discriminatory or defamatory language in any content posted on the Scholar Hub Website, whether in a Lesson or any message content;
- deal with all Learners and Parents in a professional and courteous manner and in such a way as to not cause any harm or damage to our reputation;
- deal with all queries from Parents and Learners relating to a Lesson or booking in a prompt and satisfactory manner;
- only use your username and password for the purposes of amending your availability information on the Website and must not give your username and password to any third party;
- subject to clause 9, use your best endeavours to settle any disputes that may arise in relation to a Lesson including taking such action as is necessary to bring the dispute to a satisfactory conclusion as soon as practicable.
- If you list yourself as being available for online Lessons you must:
- have a suitably fast and reliable internet connection in the location where you will be based while providing the Lesson;
- use a suitable backdrop behind you while providing the Lesson and must not allow anything inappropriate or that could cause damage to our reputation to be visible to the Learner or Parents during the Lesson.
- Complaints and Disputes
- You agree that if you have any dispute with a Learner or Parent concerning your Lesson you will attempt to resolve it in the first instance by directly communicating with the Learner or Parent;
- In the event that a dispute cannot be resolved with the Learner or Parent directly you may refer the dispute to us or make a complaint. You authorise us to deal with the dispute or complaint as we see fit and you agree to abide by any decisions we may make in such circumstances which may include requiring you to refund any payments you have received or requesting that a Learner or Parent pays any outstanding amounts in relation to the relevant booking;
- If a Learner or Parent makes a complaint before the Lesson Fees are released to you then we reserve the right to withhold the Lesson Fees pending resolution of the complaint. You authorise us to refund some or all of the Lesson Fees we are holding if we believe that a complaint from a Learner or Parent is reasonably substantiated;
- You agree that we may use any funds we are holding on your behalf in order to settle a dispute with a Learner or Parent and that we are authorised to deduct sums from the debit or credit card details you have supplied in order to settle a dispute with a Learner or Parent.
We may refer to you or your Lessons at any time in the future to publicise ourselves or our website.
- Either party may terminate this Agreement at any time but upon termination you agree to honour any outstanding bookings. From the date of termination we will not confirm or accept any new bookings for Lessons but the Agreement will continue in respect of those outstanding bookings (subject to clause 11.5);
- In the event that this Agreement is terminated while any fees or charges whatsoever are outstanding to us then you must pay all outstanding fees or charges to us immediately without set-off or deduction;
- We will be entitled to terminate this Agreement immediately if:
- we receive one or more substantiated complaints from Learners or Parents and such complaints are either serious or persistent; or
- you are in material breach of any of the terms of this Agreement; or
- you use any coarse, obscene, discriminatory or defamatory language in any content posted on the Scholar Hub Website, whether in a Lesson or any message content;
- you do anything to put our goodwill or reputation at risk;
- You arrange, or attempt to arrange, any Lesson off the Scholar Hub Website directly with a Learner, or in any manner attempt to circumvent the Scholar Hub Website, and if you breach this provision you indemnify and hold us harmless against all claims of whatever nature by a Learner or Parent arising from a breach of this provision;
- you cancel a booking other than in accordance with the Lesson Conditions; or
- you refuse to cooperate with us in respect of this Agreement.
- If any bookings are outstanding on termination by us under this clause 11.4 then clause 11.5 will apply;
- In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing bookings or the consequences of any previous booking (including terms relating to fees, liability and damage).
- In the event that:
- this Agreement is terminated by you under clause 11.1 and existing bookings cannot proceed; or
- this Agreement is terminated by us under clause 11.3 while there are existing bookings;
then you will be fully liable to us and to any Learners and Parents who have made a booking (under the terms of this Agreement and the Lesson Conditions) for all associated costs, charges, damage and liability which we or the Learners and Parents may incur as a result and you agree to indemnify us and the Learners and Parents on a continuing basis in respect of any such cancelled booking.
- Insurance and tax
- You will be entirely responsible for any and all insurance that you may require for the purposes of providing tuition services;
- If your listing refers to you as being a qualified teacher, then you must be a member of a recognised teachers’ union (where relevant);
- You must provide us with any evidence in respect of your insurance or union membership (where relevant) that we may reasonably request;
- You shall be responsible for all taxation liabilities wherever they arise in the World in respect of fees or other monies paid to or received by you under or in relation to this agreement. In particular, you shall be responsible for any VAT payable in respect of clauses 2.8 and 2.9;
- We shall be entitled to issue a VAT invoice on your behalf, specifying that the Lesson Fees are inclusive of applicable VAT, and you agree to provide us with your VAT number in the event that you are registered for VAT;
- You shall indemnify Scholar Hub against all losses, claims, demands, awards, penalties, interest and expenses incurred by Scholar Hub in respect of such taxation liabilities.
- Your liability
- You will be liable to us for any loss or damage we may suffer or incur in respect of any breach by you of the terms of this Agreement howsoever caused;
- You agree to indemnify us for any loss or damage we may suffer or incur as a result of any Learner or Parent bringing a claim against us or taking any action against us whatsoever as a result of:
- your breach of the terms of this Agreement; or
- the provision by you of any information that is untrue, inaccurate or incomplete; or
- your breach of the Lesson Conditions; or
- any failure by you to honour a booking; or
- your actions in relation to any Learner including any act or omission by you in relation to a Lesson.
- You should be aware that you may also be liable to a Learner or Parent for loss or damage he or she may suffer or incur as a result of:
- your breach of the Lesson Conditions; or
- your actions in relation to any Lesson including any act or omission by you in relation to a Lesson.
- Our liability
- We will not be liable to you for (a) any indemnification you have given us under this agreement, or (b) where we are entitled to terminate the agreement in terms of clause 11 or, (c) in the event of a claim by a Learner against you and, for the avoidance of doubt, we shall not be required to return any money received by us under this Agreement to either you or the Learner in such circumstances save that we may be liable to you if such a claim arises due to our negligence;
- We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any services we provide to you under, or in any other way connected with, this Agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft;
- Our liability to you for all losses under this Agreement or in respect of a given Lesson (subject to any liability in accordance with clause 14.5 below) is capped at the total Lesson Fees paid by us to you under this Agreement or in respect of the relevant Lesson;
- No claim may be brought against us in relation to this Agreement more than 12 months following the date on which your listing to which such claim relates was last promoted on our Website;
- Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or the negligence of our employees, agents or self-employed contractors or for fraud or fraudulent misrepresentation.
- Each party agrees with the other not to divulge or allow to be divulged any confidential information relating to the other’s business or affairs other than to its employees, associates or contractors (if any) who are subject to appropriate non-disclosure undertakings (if required), or where the other party has consented to such disclosure or where required by law to make such disclosure;
- Either party may upon termination of this Agreement require by notice in writing to the other party the destruction or return of any confidential material in that party’s possession or control. The confidentiality obligation set out here shall expire 3 years after the expiry or termination of the Agreement.
- Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.
- You shall comply with all foreign and local laws and regulations which apply to your use of our Website or our Service in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations. We make no promise that materials on this Website are appropriate or available for use in locations outside the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws;
- The Service is provided for legitimate and ethical business, charitable, professional, social and faith purposes. You must not use the Service for any illegal, unethical or immoral purposes or to promote intolerance, extremism, or bigotry of any kind;
- We reserve the right to remove any account at our discretion at any time, without giving reasons, if we suspect that an account is being operated in breach of our acceptable use policy;
- You agree not to use the Service to promote, release, publish or distribute any defamatory, offensive or derogatory information or material, or any information about any person which may be considered malicious;
- You agree that you will not:
- Solicit log-in information or access an account belonging to someone else;
- Bully, intimidate, or harass any user of the Service;
- Do anything unlawful, misleading, malicious, or discriminatory using the Service;
- Use the Service in the course of promoting violence of any kind, extremism or bigotry;
- Use any coarse, obscene, discriminatory or defamatory language in any content posted on the Scholar Hub Website, whether in a Lesson or any message content;
- Use the Service in the course of promoting anything, in our opinion, illegal or offensive, or which may cause financial, emotional or psychological damage or harm;
- Do anything to suggest, express or imply that statements made by you are endorsed by us;
- Impersonate any other person whether or not that other person is a user of the Site or the Service;
- Use the Service for any purpose which might bring the Service into disrepute.
- Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery, registered post, fax or email to the address of the relevant party shown on at the start of this Agreement or such other physical or electronic address as may be notified by one party to the other;
- No term of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it;
- We will be entitled to assign or sub-contract our obligations under this Agreement;
- Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible, whereupon all money accrued due under the Agreement shall be paid;
- Each party acknowledges that the Agreement(as varied) and the conditions contain the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it;
- If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement;
- No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party;
- This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England and will be subject to the jurisdiction of the courts of England and Wales.
- These Conditions
- Each Lesson booked through Scholar Hub will be subject to the following conditions;
- Where the Learner is Under 18 years old, these conditions will apply between the Educator and the Parent. Where the Learner is 18years old or over, these conditions will apply between the Educator and the Learner;
- For the avoidance of doubt please note that Scholar Hub is not subject to these conditions and is not responsible for compliance with them. Please see our Educator Terms and Customer Terms for details of the terms which apply between Scholar Hub, Educators and Learners or Parents;
- The Learner or Parent agrees that they are responsible for ensuring that the Learner attending the Lesson will comply with these conditions. The Educator similarly agrees that they are responsible for ensuring that any person who assists them with managing or staffing a Lesson complies with these conditions.
- Booking and Payment
- The Learner or Parent (as the case may be) and the Educator agree with each other to make all bookings, cancellations and variations for the Lesson through Scholar Hub and acknowledge that Scholar Hub may handle the booking and payment process;
- Details of the Lesson are set out in the confirmation email (“Confirmation Email”) sent by Scholar Hub to the Educator and the Learner or Parent on completion of a booking for a Lesson;
- The full fee payable by the Learner or Parent for the Lesson will be specified in the Educator’s listing on the Scholar Hub website. The Learner or Parent will not be required to pay any further sum to the Educator unless such further sum is agreed in advance of the Lesson;
- Payment will be released to the Educator by Scholar Hub within 24 hours of the Lesson unless the Learner or Parent has raised a complaint (see below).
- All bookings are made subject to the cancellation policy set out below and the Educator and the Learner or Parent each agree to comply with the terms of the cancellation policy and authorise Scholar Hub to administer the policy, if necessary, by making refunds;
- Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Learner or Parent has the right to cancel their booking and contract with the Educator without giving any reason within 14 days of such contracts being entered into;
- If the Learner or Parent wishes to cancel its booking and contract with the Educator they should do so in accordance with the information and instructions for cancellation set out below:
- The cancellation period will expire after 14 days from the day of the conclusion of the contract. This will be the day on which the Learner or Parent makes the booking through the Scholar Hub website;
- To exercise the right to cancel, the Learner or Parent must inform the Educator of their decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email) using one of the following contact methods:
The Educator c/o Scholar Hub Limited, Kemp House, City Road, London, England, EC1V 2NX
Phone number: 07854072951
- For the purposes of the contract between the Educator and the Learner or Parent, the Educator’s business address is c/o Scholar Hub Limited, Kemp House, 160 City Road, London, England, EC1V 2NX;
- To meet the cancellation deadline it is sufficient for the Learner or Parent to send their communication concerning their exercise of the right to cancel before the cancellation period has expired.
- Effects of Cancellation
- If the Learner or Parent cancels the contract, they will be reimbursed all payments made to the Educator (whether via Scholar Hub or otherwise) subject to clauses 4.4 and 4.5 below;
- The Educator (acting through its agent, Scholar Hub) will make the reimbursement without undue delay and not later than 14 days after the day on which the Educator is informed about the Learner or Parent’s decision to cancel the contract;
- The reimbursement will be made using the same means of payment as the Learner or Parent used for the initial transaction, unless expressly agreed otherwise; in any event, the Learner or Parent will not be charged any fees as a result of the reimbursement;
- If the Educator has started providing the services during the cancellation period at the Learner or Parent’s written request and the Learner or Parent then cancels the contract, the Learner or Parent will be liable to pay a proportionate amount in respect of those services already performed;
- If a Learner or Parent cancels their booking:
The Educator agrees not to cancel a Lesson once a booking has been taken from a Learner or Parent other than in circumstances beyond the Educator’s control. If the Educator is required to cancel a Lesson then the Learner or Parent will be reimbursed in full.
- At any time within 14 days of making the booking, they will be entitled to a full refund of the Lesson Fee but the Booking Fee, being a proportionate amount in respect of those services already performed, will not be refundable;
- More than 14 days after making the booking and more than 24 hours prior to the Lesson, they will be entitled to a full refund of the Lesson Fee but the Booking Fee will not be refundable;
- More than 14 days after making the booking but less than 24 hours prior to the Lesson then they will not be entitled to a refund of the Lesson Fee or the Booking Fee;
- Parent obligations
- The provisions of this clause will apply where the Learner is Under 18 years old;
- The Parent must ensure that only the Learner named in the booking attends or is present for the Lesson. If anyone other than the Learner named in the booking (or those accompanying the Parent) attempts to attend the Lesson the Educator may refuse access to that individual (even if that person has the authority of the Parent);
- Whilst a Lesson is taking place, the Parent must at all times either remain where the Learner is located, or ensure that they are viewing the lesson online through the platform for the duration of the Lesson. If the Parent is not present at the property or available to view the Lesson online at any time for any reason then the Educator may end the Lesson immediately and the Learner or Parent shall not be entitled to any refund in such circumstances;
- The Parent agrees that they and the Learner will act with courtesy towards the Educator;
- The Parent agrees that the Learner will not under any circumstances whatsoever use any coarse, obscene, discriminatory or defamatory language in any content posted on the Scholar Hub Website, whether in a Lesson or any message content. Such behaviour may cause the Educator to cease all lessons and/or Parent/Learner to be blocked from using the services in Scholar Hub’s sole discretion;
- The Parent should not permit under any circumstances, a Learner or Educator to arrange, or attempt to arrange, any Lesson off the Scholar Hub Platform directly with a Learner, or in any manner attempt to circumvent the Scholar Hub Website, and Scholar Hub will not be liable for any breach of this provision by a Learner. A Parent must immediately inform Scholar Hub should it become aware of an Educator attempting to arrange any Lesson off the Scholar Hub Website directly with a Learner, or in any manner attempting to circumvent the Scholar Hub Website. Scholar Hub’s sole liability in this instance is to deregister and terminate such Educator from using the Scholar Hub Website;
- The Parent will not deliberately do or omit to do anything which will or is likely to put the Educator at risk;
- The Parent will provide a safe and suitable environment in which the Educator can provide the Lesson;
- The Parent must ensure that in respect of a Lesson to be provided online the Learner has access to a suitably fast and reliable internet connection in the location where the Learner will be based during the Lesson.
- Educator obligations
- The Lesson booking is personal to the Educator and may not be transferred to any other person. If anyone other than the Educator named in the Confirmation Email attempts to deliver the Lesson the Parent may refuse them access to their premises or otherwise prevent the Lesson from occurring and shall be entitled to a refund;
- The Educator agrees to use reasonable endeavours to comply with any reasonable requests of the Parent with regards to the content of the Lesson but the Parent agrees that the precise content of the Lesson shall be at the discretion of the Educator;
- The Educator agrees that they have the necessary skills and competence to provide the Lesson and will do so with reasonable skill, care and diligence;
- The Educator will only use materials in the course of a Lesson that are of a good quality and fit for purpose;
- The Educator will not deliberately do or omit to do anything which will or is likely to put the Parent or Learner at risk;
- The Educator agrees that all information about them and their Lessons listed on the Scholar Hub website is true, accurate and not misleading.
- The Educator will act with courtesy towards the Parent and assist and cooperate with the Parent;
- The Educator must ensure that in respect of a Lesson to be provided online they have access to a suitably fast and reliable internet connection in the location where the Educator will be based during the Lesson.
- You may be required to provide information to our third-party provider (Shufti Pro, or any subsequent provider) for the purposes of carrying out ‘know your client’ identity checks. The costs of the identity checks will be borne by the Educator. The fees payable in respect of our third-party provider will be £10 subject to any changes in pricing as may be amended from time to time;
- If you will be teaching Learners aged less than 18 years old, you will need to provide a valid up-to-date DBS check and/or we will carry out enhanced digital verification with our third party provider in accordance with 2.10. These further identity checks are compulsory and deciding whether both forms of identity check are required will be at our discretion;
- If you are teaching Learners older than 18 years old, we may require you to provide a valid up-to-date DBS check and/or we will carry out enhanced digital verification with our third party provider in accordance with 2.10. These requirement for these identity checks will be at our discretion
- Complaints, Claims and Liability
- The Educator and Parent agree that if any dispute arises concerning the Lesson they will both attempt to resolve such dispute in the first instance by directly communicating with the other as soon as possible after the Lesson;
- Any agreement reached between the parties may be communicated to Scholar Hub and Scholar Hub is authorised to collect payments from either party (where possible) to give effect to such agreement;
- In the event that a dispute cannot be resolved directly it is agreed that either party may refer the dispute to Scholar Hub or make a complaint. Both parties authorise Scholar Hub to deal with the dispute or complaint as it sees fit and agree to abide by any decisions that Scholar Hub may make in such circumstances, including requiring refunds to be made or compensation to be paid (up to a maximum of £250);
- Clauses 6.1 and 6.2 are without prejudice to either party’s rights to bring or settle any claim against the other;
- Neither party will be liable to the other for any business, financial or economic loss or for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of these conditions or the Lesson (whether such loss arises as a result of negligence or otherwise);
- The Educator’s liability for all losses (with the exception of wilful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to £250;
- The Parent’s liability for all losses (with the exception of wilful or reckless damage to property, fraud, or personal injury or death arising as a result of negligence) will be limited to £250;
- Nothing in this paragraph limits or excludes the liability of either party for death or personal injury arising as a result of their negligence or the negligence of their agents.
- Neither party will be entitled to assign or sub-contract their obligations under these conditions (save for any duties which may be carried out by Scholar Hub as agent for the parties as set out in these conditions, the terms between Scholar Hub and Educators and the terms between Scholar Hub and Parents);
- Unless expressly stated otherwise in these conditions, any notice to be served on either of the parties by the other shall be sent by email to Scholar Hub;
- Neither party will be liable to the other or be deemed to be in breach of these conditions by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any event of force majeure beyond their reasonable control;
- Save in the case of fraud these conditions represent the entire agreement between the Educator and the Parent and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise;
- If either party breaches these conditions and the other party decides to take no action or neglects to do so, then the other party will still be entitled to take action and enforce their rights and remedies for any other breach;
- The parties agree that these conditions are fair and reasonable in all the circumstances. However, if any provision of these conditions is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these conditions shall remain in full force and effect;
- These conditions are governed by and construed in accordance with the laws of England and Wales. Each party agrees to submit to the exclusive jurisdiction of the English courts.
Example of Cancellation
RIGHT TO CANCEL
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, You must inform Us of Your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
If You cancel this contract, We will reimburse to You all payments received from You.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which We are informed about Your decision to cancel this contract.
We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement.
(Complete and return this example form/a similar notice only if You wish to withdraw from the contract)
To: ScholarHub Limited, Kemp House, City Road, London, England, EC1V 2NX
I/We [_____________________________*] hereby give notice that I/We cancel my/Our
contract of sale of the following goods ________________________________________.
Ordered on [_____________________________*]/received on [____________________*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),