Terms and Conditions
1.1. In these Conditions, the following words have the following meanings:
Client means the party purchasing tutoring services, either as a Student or on behalf of Students;
Conditions mean these conditions;
Contract means the contract between LL&B and the Client for the provision of Tutoring Services incorporating these Conditions;
Fees mean the fees due for the Tutoring Services;
Lesson means each lesson for Tutoring Services agreed between a Tutor and the Client;
LL&B means Language for Life and Business LTD, a company registered in England and Wales with registered number 10689898, registered office at International House, 24 Holborn Viaduct, London, EC1A 2BN;
Tutor Materials mean all information, instructions and materials provided to the Student or the Client during the provision of the Tutoring Services, including webinars;
Students mean the individuals receiving the Tutoring Services;
Tutor means the tutor that provides the Tutoring Services on behalf of LL&B;
Tutoring Services mean the tutoring services that the Client purchases from LL&B.
Online Portal means the online platform that LL&B provides via its Website (www.languageforlifeandbusiness.co.uk), for the communication and booking arrangements between Clients and Tutors;
Website Content means all materials on the Website, including all information, data, text, images, recordings and software, and the Online Portal; and
Services means private language tutoring services.
2. Formation of Contract
2.1 The terms of the Contract govern the supply of Tutoring Services to the exclusion of all other terms and conditions of business, including any that the Client may provide, and any terms implied by law, custom or practice to the maximum extent permitted by law.
2.2 LL&B may vary these Conditions from time to time and LL&B will post such amended Conditions on the Website. Any changes to the Conditions shall not affect any Tutoring Services that the Client has already paid for before such changes are posted.
3. Provision of the Tutoring Services
3.1. LL&B shall select a Tutor for the Student with reasonable skill and care and shall procure that such Tutor provides the Tutoring Services with reasonable skill and care. LL&B shall provide the chosen Tutor’s details to the Client, as well as access to the Online Portal, through which said Tutor and the Client will arrange suitable times, locations and dates for the provision and receipt of the Tutoring Services. The Online Portal shall also provide the Client with a payment method for the Tutoring Services. The Client agrees that the Tutor may additionally charge, and the Client shall pay, travel expenses in respect of the provision of the Tutoring Services.
3.2. LL&B shall use reasonable endeavours to ensure that a Tutor attends all Lessons, providing that LL&B shall not be liable to the Client or the Student (except to offer a replacement lesson) if the Tutor does not attend a Lesson due to ill health, a family emergency and/or reasons beyond the reasonable control of a Tutor.
3.3. LL&B makes reasonable efforts to investigate the backgrounds and experience of the Tutors, but the Client agrees that LL&B does not make any representation or warranty (a) as to the ability, competence, or quality of any Tutor; and/or (b) that the information provided by any Tutor is true, accurate, current and/or complete. If the Client is dissatisfied with a Tutor, it shall promptly notify LL&B, and LL&B shall use reasonable endeavours to find an alternative Tutor.
3.4. LL&B shall notify the Client if it becomes aware that the Tutor no longer intends to provide the Tutoring Services, and LL&B shall use reasonable endeavours to find an alternative Tutor.
3.5. If LL&B is unable to find an alternative Tutor under Condition 3.3 or 3.4, LL&B shall refund all Fees paid for Tutoring Services not yet received.
3.6. Nothing in this Condition 3 shall affect a consumer’s rights to cancel the Contract under applicable laws and in accordance with Condition 6.1
4. The Client’s obligations
4.1. The Client shall comply, and shall ensure that the Students comply, with the terms of the Contract.
4.2. If more than the number of Students who have paid for a Lesson attend a Lesson, the Client shall promptly notify LL&B and shall pay all additional fees determined by LL&B.
4.3. In order to effect the Tutoring Services, the Clients shall either Book a Lesson on the LL&B Online Portal or the Clients shall accept the invitation sent by the Tutor through said Online Portal.
4.4. Notwithstanding any recommendation or otherwise of LL&B, the Client shall be solely responsible for ensuring that the Tutoring Services are appropriate and suitable for its and/or the Students’ needs.
4.5. The corporate Client shall permit LL&B to use and reproduce the Client’s name and logo on the Website and other marketing materials in order to promote the Tutoring Services and LL&B.
5. Fees and Expenses
5.1. The exact Fees to be paid by the Client depend on the payment plan the Client has chosen through the Online Portal, which can be either Pay As You Go or a Monthly Subscription. In the case of Pay As You Go, each lesson is pre-paid at the time of purchasing through the Online Portal and can be booked at any following time by using the respective Credit (as defined in the Fees & Plans section on the LL&B Website) added on the Client’s account on the Online Portal. In the case of a Monthly Subscription, lessons are paid monthly starting on the day of the first purchasing through the Online Portal and can be booked at any following time by using the respective Credits added on the Client’s account on the Online Portal. Credits do not expire and can be used any time following the purchasing. Plans can be paused, changed or cancelled at any time through the Online Portal without further fees.
5.2. By registering to receive the LL&B Tutoring Services, the Client hereby declares full knowledge, understanding and acceptance of the payment plan options and different payment methods, a detailed description of which exists on the Fees & Plans section on the LL&B Website.
5.3. A Client may pay using any of the payment methods listed on the Website. We use third party payment services providers to process payments. When effecting a payment of the Fees, a step in the process will result in the Client’s request being handed over to the chosen payment services provider’s web site for payment. LL&B does not have any part in or control over any such third party service provider, and cannot therefore be held responsible for any resulting damages or losses from the use of those services by a Client.
5.4. The Client shall not pay the Fees directly to the Tutor and shall promptly notify LL&B if the Tutor requests any payment of the Fees. However, the Client shall pay the Tutor’s travel expenses directly to the Tutor.
6. Cancellation of the Contract or Lesson Postponement by the Client
6.1. The Client shall be entitled to cancel the Contract at any time on written notice to LL&B by email to firstname.lastname@example.org. If the cancellation takes place within 14 days of initial registration to the Tutoring Services, the Client shall be entitled to a refund by LL&B of all Fees paid for for Tutoring Services but not yet booked. This refund will take place within 14 days from the date of cancellation.
6.2. The Client shall be entitled to cancel or postpone an individual lesson on 12 hours’ notice to the Tutor, either by using the Online Portal or by informing the Tutor directly. Ιn this case, the Client and Tutor shall arrange a re-scheduling of the missed lesson that suits both parties, to be held in the near future.
6.3. If the Client gives less notice than required under this Condition or the Students fail to attend the Lesson, then LL&B shall not be obliged either to refund the cost of the Lesson or to arrange a replacement Lesson except where such replacement Lesson is paid for in addition.
7. Tutor Materials and the Website
7.1. No IP Rights in the Tutor Materials and/or the Website Content are assigned to the Client or a Student under the Contract. The Student agrees that it shall not record or copy all or part of the Tutor Materials except with the agreement of the Tutor or LL&B as appropriate.
7.2. Subject to the receipt of all Fees, and the terms of the Contract, LL&B grants to the Client a non-exclusive, non-transferable right to access, download and use the Website Content for its internal purposes and to use the Tutor Materials in order to receive the Tutoring Services.
7.3. The Client shall (a) not remove, suppress or modify any proprietary marking from the Tutor Materials and/or the Website Content; (b) try to gain unauthorised access to the Website, the Online Portal or any networks, servers or computer systems connected to the Website and Online Portal and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Website and the Online Portal save to the extent expressly permitted by law.
7.4. The copyright in the Website Content is owned by or licensed to LL&B. All rights are reserved.
7.5. The Website Content may contain information about education and tutoring services; the Client and its Students acknowledge that such content is for information only and the Client and its Students should not rely on it as advice.
7.6. The Website may contain links to websites operated by third parties. LL&B does not have any influence or control over any such third party websites and LL&B is not responsible for and do not endorse any third party websites or their availability or content.
7.7. LL&B accepts no responsibility for advertisements contained within the Website. The advertiser, and not LL&B, is responsible for such goods and/or services and any questions or complaints in relation to them should be addressed to the advertiser.
7.8. The LANGUAGE FOR LIFE AND BUSINESS is a trade mark of LL&B.
8.1. The Client and LL&B shall treat in confidence all information received from the other party in connection with the Contract. Each party shall not (a) disclose such information to any third party other than in accordance with the terms of the Contract; and (b) use such information for a purpose other than the exercise of its rights and obligations under the Contract.
8.2. Condition 8.1 shall not restrict a party from disclosing information to the extent required by law or a court of competent jurisdiction.
8.3. Condition 8.1 shall not apply to (a) information which a party can prove was rightfully in its possession prior to disclosure; and (b) information which is in the public domain (other than by a breach of the Contract or any other contract).
9.1. LL&B shall exercise reasonable skill and care in the selection of the Tutors. All other warranties, conditions, representations and other terms implied by statute or common law are excluded from the Contract, to the fullest extent permitted by law. In particular, LL&B does not warrant that (a) LL&B will be able to find or supply a suitable Tutor for the Client or any Student; and/or (b) Students will reach any particular level of competence, pass any exam or receive any particular grade.
9.2. Subject to Condition 9.4, LL&B shall not be liable for (a) any costs, claims, losses, expenses or damages incurred by the Client as a result of any act or omission of a Tutor; (b) loss of profits; (c) loss of business; (d) loss or corruption of data or information; (e) business interruption; (f) any kind of special, indirect, consequential loss or pure economic loss whether or not advised of the possibility of the same.
9.3. Subject to the other provisions of this Condition 9, LL&B’s total liability to the Client for all claims or series of claims relating to the Tutoring Services whether in contract, negligence or otherwise for any damages, losses or expenses shall be limited to the aggregate Fee paid by the Client for the Tutoring Services during the previous 6 months.
9.4. Nothing in the Contract limits or excludes the liability of LL&B for (a) death or personal injury resulting from LL&B’s negligence; (b) LL&B’s fraud or fraudulent misrepresentation; and/or (c) any loss that cannot lawfully be excluded by applicable laws. A consumer’s statutory rights are unaffected.
10.1. Subject to Condition 2.2, no amendment or variation to the Contract shall be valid unless signed by an authorised representative of the parties.
10.2. No failure or delay on the part of LL&B to exercise any right, power or provision under the Contract shall operate as a waiver.
10.3. No third party, including a Student (unless the Student is also the Client) shall have any right under the Contract (Rights of Third Parties) Act 1999 to enforce any terms of the Contract.
10.4. LL&B shall not be liable to the Client if the provision of the Tutoring Services is delayed or prevented for reasons beyond the control of the Tutor and/or LL&B including war, invasion, armed conflict, terrorism, strike, lock-out, labour dispute, transportation issues, riot, civil commotion, accident, act of God, fire, flood and storm.
10.5. Any notice shall be in writing and delivered by hand or sent by first class post or by email to the other party’s address or email address. Deemed delivery shall be the day of delivery if delivered by hand, or email (unless that day is not a working day, then, deemed delivery shall be the next working day) and on the second working day after the day of posting if sent by first class post.
10.6. Each of the provisions of the Contract is severable and distinct from the others. If one or more provisions is or becomes unenforceable, the enforceability of the remaining provisions shall not be affected.
10.7. The Client may not assign or otherwise transfer any of its rights or obligations under the Contract.
10.8. The Contract shall be governed by and construed in accordance with English law and any proceedings arising out of or connected with the Contract shall be subject to the exclusive jurisdiction of the English courts.