1.1 We are PMT Education Limited. Our company information is at the end of this document.
2.1 These are our terms and conditions which apply to our Services (explained below). They’re available in English only. We’ve tried to make them user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please read the entire document carefully and contact us if anything is unclear. Please save a copy as we don’t file a copy specifically for the transaction with you.
THIS SECTION EXPLAINS WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT
THIS SECTION TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US
4.1 By registering for Private Tuition and/or booking a Revision Course , you offer to enter a legal contract with us. We accept your offer and there is a binding legal contract only when we send you an email confirming this.
4.2 We reserve the right in our discretion for any lawful reason to refuse any request to use our Services.
4.3 By browsing any part of our website that does not require registration/payment, you are also bound by these terms to the extent they are relevant.
THIS SECTION TELLS YOU HOW AND WHEN WE CAN CHANGE THESE TERMS
5.1 We may change these terms and conditions at any time by posting the new version on our website and, if the changes are important, by email.
5.2 The new terms will take effect on the effective date shown and will apply to any sessions you book on or after the effective date but they will apply immediately to any other use of our website on or after the effective date.
THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICES
6.1 We grant you a limited personal non-transferable right to use our online Services on any applicable device owned or controlled by you subject to these terms and conditions.
6.2 You must not register for Private Tuition or book any Revision Courses as a Customer if you are below 18 years of age. However, if you are a parent or guardian, you may allow your children under 18 to use our Services as a Student provided you carefully supervise the child’s use of the Service insofar as applicable.
THIS SECTION SETS OUT THE LEGAL STANDARD OF SERVICE THAT WE PROMISE YOU
7.1 Subject to the rest of these terms, we agree to provide our Private Tuition and Revision Courses with reasonable skill and care. We do not, however, guarantee that the Student will achieve any particular objective or outcome as a result of using the Services. For example, we do not promise that the Student will achieve any particular grade in any exam.
7.2 If you are located in the UK, we will take reasonable steps to send you the hardcopy course materials for Revision Courses so that you receive them in advance of the course provided you book by the deadline stated on our website. However, we cannot guarantee that you will receive them on time.
7.3 You acknowledge that we are not affiliated with any examination boards or schools or with any institution whose premises we use for Revision Courses.
THIS SECTION SETS OUT THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICES
8.1 You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any important changes.
8.2 You are responsible for ensuring that you have appropriate connectivity and for complying with any other technical requirements needed to access online sessions. You agree that any online sessions will be provided via our website only.
8.3 You agree to communicate with Tutors in a polite and courteous manner and to respond promptly to communications from Tutors.
8.4 If you attend a session (whether online or in person) you agree:
8.5 We are entitled to end or suspend or require to you leave a session at any time without refund if you break this contract or we reasonably consider that it is necessary to do so for safety reasons.
8.6 If you book for someone else to attend a session, you agree to ensure that they comply with this section and with any other relevant clauses in this document. You are responsible if they don’t.
8.7 You agree not to do any of the following in connection with our Services generally:
8.8 You agree to:
8.9 You agree not to use our Service with a view to dealing with Tutors outside our Service. You agree that, until 12 months after this contract ends, you will not contract directly with a Tutor who was introduced to you via our Service.
THIS SECTION COVERS YOUR PAYMENT OBLIGATIONS AS WELL AS WHAT HAPPENS IF YOU OR WE WANT TO CANCEL OR IF YOU HAVE A COMPLAINT ABOUT A SESSION
Payment
9.1 You must pay for Revision Courses in advance at the time of booking.
9.2 For Private Tuition, the Customer must provide us card details in advance to enable payment of our fee (as explained below) . You authorise us and our payment provider to place a hold on or charge your payment card for the relevant amounts when payments are due in accordance with this agreement. We are allowed to place a hold on your card for the cost of the session 48 hours (or any alternative period stated on our Service) before the session start time.
Your legal right to cancel the contract (“cooling off”)
9.3 If you are a Consumer, you may have the right to cancel the contract within 14 days of the start of the contract as further explained in the Annex at the end of this document.
9.4 You lose the right to cancel contracts for the supply of services which have been fully performed, i.e., completed.
Cancellation by the Customer of Private Tuition bookings
9.5 Separately from (and without affecting) any cooling off rights, you can cancel a Private Tuition session at any time before the session starts by giving notice via our Service. If so, there will be a full refund unless you cancel within 48 hours of the scheduled start time in which case we are entitled at our option to charge you 100% or 50% of the fee for the session or waive it entirely (or to charge any alternative percentage stated on our Service when you cancel).
Cancellation by the Customer of Revision Course bookings
9.6 Separately from (and without affecting) any cooling off rights, you can cancel a Revision Course booking up to two weeks before the course starts by giving notice via our Service. If so, there will be a full refund unless we have already sent you the hard copy of the handouts in which case we will deduct the cost of those from your refund (likely to be in the region of £25-£40) and/or a reasonable fee if we have given you access to the course materials online (likely to be in the region of £10-£25).
If your exams are cancelled, e.g., due to pandemic
9.7 You do not have the right to the right to cancel the contract if your exams are cancelled – unless you otherwise have the right to cancel as explained above.
Our right to cancel, reschedule or change sessions
9.8 We are entitled to reschedule or cancel a session booking at any time if there are exceptional reasons (e.g., Tutor illness). If so, we will give you as much notice as possible and will provide a full refund of any payments made if you are unable to attend a rescheduled session (Revision Courses) or if we are unable to agree a rescheduled session with you (Private Tuition).
9.9 If we think we have a good reason to do so:
Private Tuition only: Complaints
9.10 If you don’t raise a complaint about a session via our Service within the period stated on our Service following the scheduled start time of the session, we are entitled to assume that you are satisfied with the session and to take payment in full.
9.11 If you raise a complaint about a session during the above complaint period, we will carefully review the complaint. You agree to provide reasonable co-operation including supply of any documents or information that we reasonably request. We are entitled to view/listen to any session recordings. If we cannot resolve the complaint with you, we will decide how much, if any, of your payment to refund.
THIS SECTION COVERS OUR RIGHT TO RECORD SESSIONS AND YOUR RIGHT OF ACCESS THEM
10.1 We are allowed to record sessions. If we do make a recording (and we don’t guarantee that we will), we own the intellectual property rights in it.
10.2 We will take reasonable steps to make the recordings available to you for private streamed use to assist learning or to assist with a complaint about a Tutor. You agree that you will not use the recording for any other purpose including (1) copying the recording (or any part of it) or (2) disclosing it to anyone else except for the above purposes or (3) publicly posting it.
10.3 You will lose access to the recording when this contract ends (Private Tuition) or within whatever timescale we decide after the session (Revision Courses).
THIS SECTION CONTAINS CERTAIN PROMISES BY YOU REGARDING YOUR CONTENT AND GIVES US SOME RIGHTS INCLUDING TO REMOVE/DELETE/DISCLOSE THE CONTENT IN CERTAIN CIRCUMSTANCES
11.1 You are responsible for your Content.
11.2 You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
11.3 If you post a review, you promise that it is your independent, honest, genuine opinion.
11.4 We are entitled (without telling you or giving you a refund) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards.
11.5 We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.
11.6 We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
11.7 It is your responsibility to make your own frequent backups of Content if you want protection if it is lost or damaged. We are not responsible for such loss or damage.
11.8 We are entitled to delete your Content if your account has been inactive for at least twelve month or any alternative period we decide.
THIS SECTION INCLUDES IMPORTANT WARNINGS ABOUT YOUR DEALINGS WITH OTHER USERS AND WHAT TO DO IF YOU ENCOUNTER MISBEHAVIOUR
12.1 For private tuition: You are responsible for selecting a Tutor suitable for your requirements. You agree that, before you book or as early as possible thereafter, you will ask them to verify their background and any claims which are relevant to your selection (even if marked by us as verified). Alternatively, please contact us so that we can help you obtain further information.
12.2 You agree to take reasonable steps to protect your safety and security in sessions and/or that of the person for whom you book and to follow any guidelines on our Service. If you are booking an in-person private tuition session for a child under 18, we recommend that you consider whether in all the circumstances (including the age of the child) you should ensure that the child is accompanied by someone over 18 during the session.
12.3 If you encounter any inappropriate Content or behaviour in connection with our Service or if you have any other concerns for your safety, you agree to immediately (1) leave any session/meeting (2) stop communicating with the other person if applicable and (3) tell us. Please also use any available blocking mechanisms and seek relevant external help if appropriate (e.g., from law enforcement authorities).
IN SHORT: WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR SERVICE
13.1 We may display other peoples’ services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
IN SHORT: YOU RELY ON ANY GUIDANCE OR RESOURCES ON OUR WEBSITE AT YOUR OWN RISK
14.1 We do not guarantee that any guidance or resources made available on our Service are accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
IN SHORT: YOU ARE RESPONSIBLE FOR YOUR ACCOUNT AND MUST KEEP IT CONFIDENTIAL
15.1 Your account is non-transferable. You agree not to allow any other person to use your account except, if you are a Customer, to grant access to Students and enable them to open their own sub-accounts in accordance with the functionality of our Service. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for Students and for people who use your account or identity (unless and to the extent that we are at fault).
THIS SECTION SETS OUT THE AMBIT OF OUR SUPPORT SERVICE, IF APPLICABLE
16.1 The Service includes support only if we specifically say so within the Service and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.
16.2 Unless otherwise stated, we do not guarantee any particular response times or outcomes. Any response times given are English business hours/days unless we say otherwise.
16.3 In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken this contract.
THIS SECTION TELL YOU WHEN AND HOW WE CAN END (OR SUSPEND) THE CONTRACT AND, IF SO, WHAT HAPPENS.
17.1 We are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
17.2 We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
17.3 If this contract ends:
IN SHORT: WE DON’T PROMISE THAT OUR SERVICE WILL BE ERROR-FREE
18.1 We do not guarantee that our website will be uninterrupted or error-free. We are entitled to suspend the website for repair, maintenance, improvement or other technical reason.
18.2 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the website.
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT
19.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
19.2 If you are a Consumer, we shall not be liable for any loss or damage where:
19.3 If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
19.4 The following clauses apply only if you are not a Consumer:
THIS SECTION CONFIRMS THAT WE REMAIN OWNER OF COPYRIGHT AND OTHER IP RIGHTS IN OUR CONTENT AND HOW WE ALLOW YOU TO USE THE CONTENT
20.1 The intellectual property rights in all Content (excluding your Content) used on or in connection with our Service are owned by us or by our partners or other Users. You may view such material on your device for your personal, private and non-commercial / internal business use only. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it unless we specifically say so in writing (except to the extent specifically allowed by this agreement). You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
20.2 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
IN SHORT: OUR PRIVACY POLICY APPLIES
21.1 You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.
IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”
22.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE
23.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES
24.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.
HERE ARE SOME FINAL BUT IMPORTANT POINTS THAT APPLY
25.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
26.1 If you have any complaints, please contact us via the contact details shown below.
27.1. Company name: PMT Education Limited
27.2. Trading name: “PMT Education”
27.3. Country of incorporation: England and Wales
27.4. Registered number: 12207743
27.5. Registered office and contact address: 125 Kingsway, Holborn, London, WC2B 6NH, England
27.6. Other contact information: See our contact page
ANNEX
CUSTOMER LEGAL RIGHT TO CANCEL THE TUTOR CONTRACT (“COOLING OFF”)
The following applies if you have the legal right to cancel the contract (as explained above).
Right to cancel
1. You have the right to cancel the contract within 14 days without giving any reason.
2. The cancellation period end after 14 days from the day when we enter a legal contract with you (as explained above – see: “How you enter a legal contract with us”.
3. To exercise the right to cancel, you must inform PMT Education Limited, 125 Kingsway, Holborn, London, WC2B 6NH, England (email address above) of your decision to cancel the contract by a clear statement (e.g., a letter sent by post or e-mail). You may use the model cancellation form below but you don’t have to.
4. To meet the cancellation deadline, you must send your communication telling us you want to cancel before the cancellation period ends.
Effects of cancellation
5. If you cancel the contract, we will refund to you all payments received from you.
6. The refund will be made without undue delay, and not later than 14 days after the day we receive your notice to cancel the contract.
7. The refund will be made 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 refund.
8. If you ask us to begin the performance of services during the cancellation period, you must pay us an appropriate payment to cover services performed until the point when you tell us you want to cancel the contract.
