Terms and Conditions

Parts 1 and 3 of these terms of use (“Terms”) apply to your general use of our website (the “Website”). If you purchase tutoring service from us, Part 2 of these Terms also applies.

Please note that these Terms apply regardless of the means of delivery by using our Website and/or by purchasing tutoring service from us (other than through this Website), you indicate that you have read and accept these Terms and agree to abide by and be bound by these Terms (as modified from time to time).

If you do not accept these Terms, please refrain from using our Website and tutoring services. Please note that we may change these Terms from time to time without notice so you should review them each time that you visit our Website.

We draw your attention to the limitations on liability contained in clause 28 below.

Our Privacy Policy (being our privacy policy currently existing and as amended from time to time) is also incorporated into these Terms by reference. You can read them our Privacy Policy here: [http:www.theacademylearning.co.uk/privacy-policy]. In addition, we use cookies across the site: [http:www.theacademylearning.co.uk/cookies-policy].

If you are under the age of 18 and wish to participate in the Site and/or wish to receive tutoring services from us, you must first secure the express permission of your parent and/or guardians and that parent and/or guardians must supervise and actively permit your participation in the Site, and your participation in any tutoring sessions. Your parent and/or guardians shall be treated as the primary user and shall be subject to and be bound by these Terms. (http:www.theacademylearning.co.uk/cookies-policy)

1 About us

1.1Our Website is operated by The Academy Learning Centre; the address of our registered office 27  Old Gloucester Street, London, England, WC1N 3AX (“we”, “us”, “our”)

2 Contacting us

2.1For general comments or questions on our Website or on our tutoring service, or to seek permission to do anything prohibited by or not contained in these Terms, or which requires our prior consent or agreement, you can contact us on at [email protected]. If you suspect misuse of our Website or if you consider your intellectual property has been unlawfully featured on our Website please contact us by writing to [email protected]

PART 2 – PURCHASING TUTORING SERVICE FROM US

Please read Part 2 carefully before purchasing tutoring services from us. The Terms set out in this Part 2 (together with Part 1 above and Part 3 below) constitute your contract with us whenever you purchase our tutoring services.

3 Purchasing tutoring services and arranging tutorials

3.1To purchase tutoring services from us, please contact us. Where necessary we will contact you to arrange a demonstration or taster session with a suitable qualified tutor. We reserve our right to decline providing you with our services due to unforeseen circumstances, such as consistent technical issues or disruptive behaviour that prevent us from offering you an optimal customer experience of our service or for any other regulatory or other issues at our discretion. This does not affect your statutory rights.

3.2This Agreement applies to individual consumers and their immediate households only. The Academy Learning Centre may provide tutoring services to institutions or organisations under separately agreed Terms.

TERMS AND CONDITIONS 

4 Pricing and payment

4.1The charges – you have agreed to pay each month for our tutoring services are inclusive of any applicable VAT unless otherwise specified.

4.2Our sessions are priced at a base rate depending on the centre, subject and academic year, which is again inclusive of VAT (the “Base Session Rate”). For more information on our pricing specific to your requirements, please contact us directly. Where tutorials are provided to you at a price different from the Base Session Rate, this is specially discounted rate tied with your subscription or a bundle you purchased from us directly or our Website, which only applies where you remain a customer with us over the associated minimum subscription period on your initial sign-up with The Academy Learning Centre if the offer is valid at the time or applicable.

4.3Fees to be paid in full by the first paid session after the trial (details of trial below).

4.4If fees are paid in two instalments, then an additional payment charge applies:-

4.4.1 Invoice bill + £40.00 (If total termly invoice is up to £999.99);

4.4.2 Invoice bill + £70.00 (If total termly invoice is £1000.00 and over) be added to the total invoice amount;

4.4.3 First payment of 70% of the total invoice amount including the additional charge of instalments to be paid on the first paid session;

4.4.4 Second payment of the remaining 30% of the total invoice amount to be paid on or by the 5th paid session.

4.3Payment may only be made by bank transfers, cash, and credit and debit card. We are unable to accept cheques or any other methods of payment. You may be required to set up an account either by phone or through our Website using either a debit or credit card. Where your payment cannot be processed by our payment processing provider, we reserve the right to limit our services to you until the payment is settled.

4.4 Unless otherwise stated, any tutor appointment is valid for a single user as specified on the account in your household only.

4.5 Your bank card details will be protected at all times in accordance with good industry practice. Payments are processed directly through a secure system via our card services provider.

4.6 We may, at our discretion, from time to time offer subscribers the facility to pause their subscriptions for a finite period, which will usually be no more than one calendar month. During any agreed pause period, we reserve the right to limit or suspend the subscriber’s access to our services and charge a freezing fee of £35.

4.7The Academy Learning Centre reserves the right to vary our pricing for future customers to our services. If you wish to take advantage of those prices you may have to sign up again.

4.8 We reserve our right to offer additional services or content at any time for free or at a charge to a segment of our customer base where we deem it to be commercially appropriate, without notifying all of our customers and if we do, it will be in writing.

4.9We will allow you to pause your subscription plan at our discretion. If you have agreed to a minimum term commitment to our tutorial services, the period for which your subscription plan is paused will not contribute towards your minimum term with us.

4.10Finally, please note that The Academy Learning Centre is authorised to process all payments and issue all invoices in respect of the supply of goods and/or services under these Terms.

5 Your obligations to the centre

5.1 The parent and/or legal guardians, student and the payer will be bound by these Terms & Conditions and Centre Rules (copies can be requested.)

5.2Support the The Academy Learning Centre in maintaining its ethos, ethics and good standards of behaviour and discipline.

6 Trials

6.1 You will pay nothing for the initial trial tutoring session if payment is not collected during the booking process. Not all trial sessions will be free and any charges for attending a trial session will be provided prior to confirming your booking. 

6.2 If for any reason the student is unable to attend the free trial, you must inform us in writing via email ([email protected]) at least 24 hours before the scheduled session to arrange an alternative date. Our trials are subject to parents meeting certain conditions outlined during the trial booking form. 

6.2If the student continues with any services provided, we shall render an invoice thereafter for the term.

7 Registration process

7.1 If the student is under the age of 18, the parents and/or legal guardians may be asked provide a utility bill/bank statement dated within the last three months as proof of address and valid photo identification.

7.2 If the student is 18 or over, then that of the student will be required pursuant to clause 7.1 of this Agreement to complete the registration process.

7.3 Cancellation of your joining fees (on-boarding charges) are non-refundable after 14 days. Cancellation before 14 days will be subject to a £8 processing fee.  All cancellation requests must be sent to [email protected]

7.4 Students are to stay with us for at least 4 sessions per subject enrolled.

8 Your right to cancel

8.1 This is a 4 session contract as a minimum term.

8.2 In addition to any other cancellation rights that we may give you, you may cancel tutorial services that you have subscribed to within 14 days of  activating a membership plan. 

8.3 If you cancel within this period and have not received any tutorial services from us prior to cancellation, you will receive a full refund excluding any registration and admin fee charges if applicable. If you cancel within this period but have received some tutorial services from us prior to cancellation, we will still refund you but we will deduct from your refund the value of the tutorial services that you have received from us prior to cancellation, calculated using the Base Session Rate up to and including the full amount of payment received from you.

8.4 Any subsequent cancellations after this initial 14 day period require you to give us at least a 30 day written notice before the contract end date.This month period is defined from the date that the customer’s payment was made to The Academy Learning Centre (membership activation), not by calendar month.

8.5 Your statutory rights are not affected. Once you have contracted with us over the minimum subscription period, a notice period of 30 days will apply. We may at our discretion waive the notice period requirement.This is subject to all other Terms of this Agreement having been complied with.

8.6 Should you wish to cancel your subscription prior to the end of the minimum subscription period, an early cancellation fee will be charged to your card. This is equal to 1 month’s subscription payment and payment will be required in order to secure the cancellation in advance.

8.7 Where we have provided you with any items in relation to a plan part of the services you have subscribed to, and you decide to cancel your subscription, you must return all items to us in new sealed condition within 14 days (otherwise a £50 charge will be payable per item and will be charged to your card).

8.8 In the event you fail to inform us that you wish to cancel and we have already issued an invoice for the next period, you will remain liable to pay the fees due.

8.9 Once the contractual period is over (clause 8.1) and you have not cancelled pursuant to clause 8.4 of this Agreement, your contract with The Academy Learning Centre will automatically enter into a rolling monthly contract and you must provide your written notice at least 30 days before the contract end date.

8.9All cancellation requests must be made in writing via email to [email protected].

9 Refund policy

9.1 No refund of fees shall be due in the event of non-attendance by the student.

9.2 In the event of a student missing a session for any reason, the session will not be repeated. However, the resources used in that session may be made available to the student on request. 

9.3 If we fail to provide a session due to tutor absence, every effort will be made to provide a substitute session at another time within the academic year. Furthermore, we can also provide a substitute tutor in the event that this does occur. We reserve the right to book these sessions online, with at least a 1 week notice.

9.4 In the event of closure of the centre due to matters outside of the control of The Academy Learning Centre, we will not provide a substitute session and no reduction or refund in fees will be due. However, in most cases, we will make every effort to reschedule the session, only if there is availability.

10 Charge for overdue fees

10.1 We reserve the right to charge interest at 4% above the Bank of England base rate on late payments.

10.2 Payment is due immediately on or before the date of invoice before interest can be applied.

11 Availability of tutors

11.1 We do not guarantee the availability of any particular tutor and we accept no responsibility or liability for the withdrawal, removal or unavailability of the same.

11.2 Individual tutor availability is allocated on a strictly first-come first-served basis.

11.3 Individual tutors, at time to time, may become unavailable for a period (e.g. holidays, sickness etc.)

11.4 If required and requested, The Academy Learning Centre will find another tutor to fulfil the tuition. Alternative tutors can be requested at any time.

12 Failure to pay

12.1 The fees due are for a minimum period of 1 month.

12.2 If the fees are not paid in accordance with those Terms, we reserve the right to suspend all services until such as all fees are bought up to date pursuant to clause 13.1 of this Agreement.

13 Exclusion/suspension

13.1 The student may be suspended for a fixed period of time and/or permanently excluded for:

13.1.1A breach of Centre/School Rules;

13.1.2Non-payment of Fees; or

13.1.3 If the Parent’s and/or legal guardians behaviour is unreasonable and is likely to affect adversely the student or other students or staff(s), or to bring us into disrepute. 

13.2 In all cases of Fixed Period Exclusion, full fees will remain payable for the billing period in which it occurs.

13.3 In all cases of Permanent Exclusion, full fees are due for the remaining period of the contract, irrespective of the term in which the permanent exclusion occurred.

13.4 A student who has been withdrawn, excluded, suspended or expelled by us has no right to our services or premises without the prior written permission of the Centre Manager.

14 Medical

14.1 Parents and/or legal guardians must supply all written details of the student’s medical history and/or allergies to us and must notify us immediately if there are any changes to the information supplied.

14.2 The parent and/or legal guardians grants the Centre Manager (or the person with responsibility for the student at the relevant time) full authority to give consent to the carrying out of any emergency medical treatment or anaesthetic certified by a medical practitioner to be necessary for the pupil, if the parent cannot be contacted immediately by us.

15 Parental responsibilities for student under the age of 18

15.1 The Parent and/or legal guardians will notify the Centre Manager immediately of any parental and/or legal guardian’s responsibility agreement or court order relating to the pupil (e.g. residence, contact, prohibited steps, specific issues or periodical payments) and send the Centre Manager a copy of the same. In the absence of any such Court Order, we will treat each person with parental and/or legal guardians responsibility as having equal rights to receive relevant information about the student on request (unless in the Centre Manager’s discretion it is not in the student’s best interests to do so).

15.2 In signing any form of consent requested by us, the Parent and/or legal guardians is responsible for ensuring that all other consents required by law have been obtained.

15.3Parents and/or legal guardians are responsible for the student’s welfare at all times even when studying online. 

15.4The Parents and/or legal guardians authorise the Centre Manager while parent and/or legal guardians is to take or authorise in good faith all decisions affecting the welfare of a student. Parents and/or legal guardians consent to such physical contact with a pupil as may be lawful, appropriate and proper for teaching and to provide comfort to a student in distress or to maintain safety and good order.

16 How to make a complaint

16.1 If you are unhappy about with any tutoring session you must report your concerns to us within 24 hours of the end of the tutoring session at [email protected]. We shall then investigate your concerns and, if appropriate, arrange to credit back the balance of your session allowance. Our decision in this regard is final and binding.

17 Insurance

17.1Student’s personal property is not covered by the Centre’s insurance when on Centre premises. We accept no responsibility for loss or damage to student’s personal property on our premises or on centre visits.

18 Data protection

18.1 Personal data provided by or relating to Parent, Payer or pupil will be used by us for the purposes of fee billing and collection; maintaining pupil records.

19Marketing and images

19.1 By agreeing to these Terms & Conditions and undertaking course attendance, you hereby authorise The Academy Learning Centre to utilise images of children and/or parts for marketing purposes.

19.2 A student’s details may be used in our marketing materials including the students’ first name and details of educational achievements. A student’s photo may also be used in our marketing materials. We may also use video footage including the student. If you as the parents and/or legal guardians or if student aged 18 or over do not wish The Academy Learning Centre to publish the details, photos or video footage of the student(s) on our Website and/or any other material or to be used in such a way, then we can edit the student’s details or refrain for using any of the above accordingly.

19.3 When signing this Agreement, you must also in writing by way of email opt out if you as the parent and/or legal guardians or student aged 18 or over do not wish the student to partake in any pictures and/or videos published on our Website and/or any other materials as referred to in clause 19.1 of this Agreement. If we do not receive your notice in writing along with this signed Agreement, your consent will be deemed as an acceptance to clause 19.1 of this Agreement and as such materials will be published.

20 Damages

20.1 Student(s), Parents and/or legal guardians are jointly and severally liable for any damage caused by them to our property, any assets or equipment.

21 General

21.1 Any printed collateral including prospectus’s describes the broad principles on which our services are presently run and gives an indication of our history and ethos. Although it is correct at the time of printing, these are not part of any agreement between the parents and us.

21.2 We reserve the right to make reasonable changes from time to time to these standard Terms and conditions, to the size and location of our centres, to our premises and facilities, to the academic and extra curriculum, the structure and composition of classes, the way our services is operated, to the length of our Terms and to any other aspect of the Centre.

PART 3 – GENERAL TERMS

General terms (applicable whether or not you subscribe to any services from us) please note that in the event of any inconsistency between Part 2 and this Part 3, the Terms of Part 2 shall prevail.

22 Using our Website

22.1 Using our Website Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on Our Website or part of our Website without notice. We will not be liable or responsible if for any reason our Website is unavailable at any time or for any period.

22.2The information and materials on our Website are not intended to amount to advice on which reliance should be placed by you. As such, we disclaim all liability and responsibility arising from any reliance placed on such information and materials by any visitor to our Website, or by any person who may be informed of any of its content.

22.3You may view (and, where applicable, listen to) the content and applications available on our Website for your own private non-commercial use. You must not use or allow others to access or use, all or any part of our Website or the contents and/or applications on it for commercial purposes without our permission. Use of all or any part of our Website or the contents and/or applications on it for commercial purposes shall be subject to a payment of a fee equivalent to a licence fee rising of £150.00 per month.

22.4You may occasionally print individual webpages on our Website for your private non-commercial use, provided that such printing is not substantial or systematic and our trademarks, copyright notices and trade mark notices are not removed. Unless otherwise stated in these Terms, you must not (whether directly or indirectly):

22.4.1distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of our Website or any content, files, feeds or data from Our Website, whether publicly available or not; or

22.4.2 copy, download, or store any content, files, feeds or data from our Website, whether publicly available or not, to make or populate a database or publication of any kind whatsoever, provided that for the avoidance of doubt this is not intended to restrict copying of an insubstantial part of any such material or where you are able to show ‘fair dealing’ with it, in each case in accordance with the Copyright, Designs and Patents Act 1988;

22.4.3 you may only play video or audio files using the media player on our Website or on the Website of one of our licensees who is displaying such material with our authorisation. Users should be aware that content and resources may be removed from the Website with or without notice at any time and we accept no responsibility or liability for any reliance by the user on the continued availability of any content or resources on the Website.

23Enrolment

23.1Where you are required to Enrol to use our Website or part of our Website, it is your responsibility to provide accurate and complete registration details and to keep such details up to date. We are entitled to rely on any such registration details you provide to us.

23.2Unless stated otherwise, each enrolment is for a single user only and not for multiple users. You must keep your registration details confidential.

23.3You must provide a valid email address when you enrol on our Website. If you provide an email address to us then you warrant to us that you are entitled to receive email to such email address. You also acknowledge and agree that we may stop sending emails to you without prior notification.

23.4You are responsible for everything done using your registration details. If you think that another person may have access to, or be using, your registration details, you must inform us immediately.

23.5We may suspend, terminate or prevent your access to our Website or your enrolment at our sole discretion. Where we suspend, terminate or prevent your enrolment, you must not attempt to re-register or submit any content, material or applications without our prior written consent.

23.6For the avoidance of doubt, where we suspend, terminate or otherwise prevent your access to our Website, we may continue to publish or use your Content (as defined in clause 14 below) in accordance with the provisions of these Terms.

24 Your Content

24.1Our Website may offer you the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (“Content”). You retain ownership of any intellectual property rights that you hold in the Content. You grant to us a royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt, publish, reproduce, translate, sub-license, create derivative works from, make available, communicate, display, store and distribute your Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of these Terms. By submitting your Content, you warrant that you have the right to grant this license. To the extent permitted by law, you waive all moral rights in your Content. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.

24.2It is our sole discretion whether or not we choose to publish or otherwise make available Content on our Website. For the avoidance of any doubt, you acknowledge and agree that we may:

24.2.1 Continue to publish all or part of your Content even if you change your mind and want us to remove it and/or you are no longer registered with our Website;

24.2.2 Remove your Content at our sole discretion (even if you have not breached these Terms);

24.2.3 Use all or part of your Content in promoting our products and services;

24.2.4 Reproduce your trademarks, trade names, service marks, logos, domain names or other identifying signs or images;

24.2.5 Publish and/or distribute widgets and other applications similar to yours and bearing our or another user’s branding or logo without any liability or responsibility to you;

24.2.6 Modify your Content in any way at our sole discretion.

24.3 Notwithstanding the above, you acknowledge that we are not responsible for checking, monitoring or moderating any Content and you remain solely responsible for all Content that you upload or submit.

24.4 By uploading or submitting Content to our Website, you warrant and represent that you are the sole author of and owner of all proprietary rights in the Content. If the Content includes any material proprietary to a third party, you warrant that you have obtained the permission of such third party owners to use their material in accordance with the provisions of these Terms.

24.5 You warrant and represent that your Content will not be inappropriate without limitation and Content will be considered inappropriate if:

24.5.1 It is defamatory, plagiarised, abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic or hateful;

24.5.2 It is in breach of confidentiality or another person’s privacy,

24.5.3 It prejudices any active legal proceedings of which you are aware;

24.5.4 It contains accusations of impropriety or personal criticism of our staff;

24.5.5 It infringes any intellectual property rights proprietary to us or any other third party;

24.5.6 It is technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);

24.5.7 It advertises or promotes any product or service or makes any requests for donations or financial support;

24.5.8 It is spam or junk content;

24.5.9 It impersonates another person or otherwise misrepresents your identity, affiliation or status;

24.5.10 It would be considered a criminal offence, or gives rise to civil liability, or is otherwise unlawful; and/or

24.5.11 Is in breach of these Terms

24.6 You must not attempt to avoid or undermine any protections we put in place for the security and operation of our Website.

24.7 You must not attempt to gain unauthorised access to our Website, the server on which our Website is hosted or any server, computer or database connected to our Website or to attack our Website via a denial of service attack. By breaching the provisions of this clause, you may be committing a criminal offence. We shall report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them and your right to use our Website shall immediately and automatically cease.

24.8 Unless you have our express permission to do so, you must not re-submit any Content or other material or applications which have previously been removed.

24.9 You shall indemnify us on demand and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach or alleged breach by you.

24.10 You undertake to defend us from and against any claim or action by a third party that the use or possession of any Content submitted or uploaded to our Website by you infringes the intellectual property of such third party (“IPR Claim”), and shall on demand indemnify us and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any such IPR Claim.

25 Third party content

25.1 We are not liable or responsible for any third party content on our Website. Third party content includes, for example, comments, blogs and articles posted by any other third parties, Content, the content of advertisements, applications posted by other third parties and content accessed through applications.

26 Intellectual property rights

26.1 For the avoidance of doubt, we are the owner or the licensee of all intellectual property rights in our Website. All such rights are reserved.

26.2 All properties are properties of The Academy Learning Centre and any resources provided in the sessions must not be reproduced and distributed without written permission of The Academy Learning Centre. As such, The Academy Learning Centre reserves the right to enforce clause 13 of this Agreement for anyone found in breach of clause 26 of this Agreement.

26.3 We acknowledge and agree that you retain ownership in any copyright you may have in the Content you submit or upload to our Website.

27 Your personal information

27.1 In addition to these Terms and the Additional Terms, please read the Privacy Policy carefully as it governs our collection and use of information about you, and states that we may collect your information in the UK and transfer it to companies within our group (including companies based outside of the UK and Europe). By using our Website, you consent to us obtaining and holding your data as set out in the Privacy Policy.

28 Our liability

28.1PLEASE READ THIS CLAUSE CAREFULLY. The following provisions of this clause 18 set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with these Terms, any tutoring services that your receive from us, or your use of our Website generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.

28.2The information and material contained on our Website is for information purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement of fact. You should check any information and material on our Website and use your own judgement before doing or not doing anything on the basis of such information or material. We make no representations or warranties with respect to our Website or its content. All warranties (express or implied) (including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to our Website and/or its content) are hereby excluded to the fullest extent permitted by law. No representations or warranties are given as to the accuracy or completeness of the information or material provided on our Website or any website or webpage to which it is linked.

28.3 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud of fraudulent misrepresentation or any other liability that cannot be limited by law. To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for:

28.3.1 loss of or corruption to data; or

28.3.2 loss of profit; or

28.3.3loss of anticipated savings; or

28.3.4 loss of anticipated revenue; or

28.3.5 loss of business; or

28.3.6loss of opportunity; or

28.3.7adverse effect on reputation and/or goodwill; or

28.3.8any indirect or consequential loss or damage save that for these purposes losses arising as a result of regulatory fines and damage to property shall to the extent arising as a natural consequence of the breach in question not be regarded as indirect or consequential.

28.4Our total liability to you in respect of all losses and liabilities arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the amount paid by you to us in the 12 month period immediately preceding the date on which such loss or liability arose or £250, whichever is greater.

28.5Without prejudice to the generality of the exclusions of liability contained in this clause 11, we shall not be liable to you if you cannot access our Website properly or at all (wholly or partly) or if some of its features are unavailable to you due to events outside our control (which shall include without limitation the performance of any internet service provider, the performance of any internet browser or limitations of the device you use to access our Website).

28.6We shall have no liability to you for any loss or inconvenience suffered due to the unavailability or withdrawal of any Content, material or other information from our Website.

28.7Whilst we monitor our Website with a view to locating and fixing defects, you acknowledge and agree that we cannot guarantee that our Website or any individual feature of our Website will be error free, be available at all times and/or be free from viruses and defects.

29 Maintenance of our Website

29.1You acknowledge and agree that from time to time we may need to:

29.1.1 Correct defects and errors on our Website;

29.1.2 Install updates and undertake general diagnosis and maintenance of our Website; and

29.1.3 Undertake emergency maintenance and/or suspend access to the servers and that as a result of which our Website may be less accessible or unavailable to you from time to time.

30 Severance

30.1If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

31 Variation

31.1We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website.

32 Jurisdiction and applicable law

32.1These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

32.2The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence.

33 Offers

33.1Discounts offered are at the discretion of The Academy Learning Centre, and are in line with clause 6 of this Agreement or any other promotions from time to time as per our discretion.

33.2In the unlikely event of an administrative error resulting in an incorrect price being displayed on our Website, we reserve the right to correct the price.

33.3We reserve the right to withdraw any special offer or change any of the Terms (including the availability and end date) of the special offer at any time without notice to you.

34 Refer a friend

34.1 Any existing The Academy Learning Centre subscriber (referrer) who refers a friend (referee) to The Academy Learning Centre will receive either 10% off their next termly invoice or a fixed voucher payment if the referee signs up to a subscription package. 

34.2Only one discount is valid per subscription.

34.3The refer a friend scheme is unlimited in that a referrer can refer as many friends as they like but will receive a maximum of a 10% off or one equivalent voucher per invoice. 

34.4A referrer will only receive their discount after the referee has signed up to The Academy Learning Centre subject to clause 8 of this Agreement and only once they have paid their first invoice.

34.5If someone is referred to The Academy Learning Centre by more than one existing customer, the referrers may share the discount jointly each receiving 5% or alternatively the referee may elect which referrer gets the full discount.

34.6The refer a friend scheme only applies when the person being referred is not already or has not previously been registered with The Academy Learning Centre.

34.7If the referrer has more than one child and multiple subscription packages, they will only receive the 10% discount on one subscription if they refer one friend.

34.8This offer only works in conjunction with The Academy Learning Centre standard termly invoice and not with any other packages or promotions.

34.9 The Academy Learning Centre reserves the right to withdraw this offer or change any of the Terms at any time and without prior notice to you.

34.10In the unlikely event that an administrative error should occur resulting in an incorrect price being displayed for the payment options, The Academy Learning Centre reserves the right to correct the price.