Terms & Conditions

 

Section A -OVERVIEW

This website and the school are owned by Eureka Learning Limited. Throughout the site, the terms “we”, “us” and “our” refer to Eureka Learning Limited. This website, out platforms, including all information, tools and services available from this site is provided to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. You are invited to read these carefully.

Any new features or tools which are added to the current store or our other websites shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our booking system for private lessons and some of our fixed term classes is hosted by acuity scheduling, a squarespace company. By using this system any data entered by you is stored by squarespace, compliant with all relevant data protection policies.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section B -SERVICE, ENROLMENT & SIGN UP

Homeschool classes run for the duration of the UK school year (see term dates for more information). Enrolment is normally only accepted for the entire school year and only confirmed after payment has been made. Late or partial enrolment is accepted at the schools discretion and discounts may be offered to account for time missed. However due to students gaining access to recordings for past lessons, any discounts are given at the discretion of the school. To enrol, an application form has to be filled out. Upon acceptance, payment will have to be made to confirm enrolment. Shortly before the course, students will receive their welcome pack with all the information.

Private lessons can be booked on the website or by contacting the school at any time and there is no formal application process. Any timeslots available can be booked on a first come first served bases. Similarly, fixed term courses can be booked on the website up until 24 hours before the first lesson or anytime by contacting the school. Further information is available on the website relating to each specific course. Fixed term courses normally run for a specific time e.g. 3 months. After that time, you will have to sign up again for the next term if you wish to continue.

Section C -CANCELLATION POLICY

Our cancellation policy varies by type of course or class. Homeschool classes can be cancelled up to 14 days have gone by since your purchase or the start of the course, whichever comes last. Upon cancellation you are due a refund within 30 days of your notice. You are required to delete any files provided by the school and not retain any course materials. Once the cancellation term has passed, unfortunately we cannot offer a refund. If you have arranged monthly payments, the entire fee is payable, regardless of whether you choose to continue with the class or not. Monthly payments are a credit facility, not a pay as you go option. Once you have signed up and not cancelled within the 14-day deadline, you are legally bound to pay the remaining balance / full fee, even if you have since quit your course.

 

For enrolments that are wholly completed on-line or via telephone the distance selling regulations apply. The school complies in full with the 2 Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and will provide a full refund of any fees paid if a notification of cancellation is received from the student within fourteen days of purchasing a course. Cancellation of a payment plan, recurring payments is not cancellation of your liability to pay fees - you will be expected to pay fees in full. In cases of hardship students are advised to contact the school. Failure to pay fees / non-intention to pay fees is a breach of our terms of sale contract and will result in legal action by our solicitors. We also reserve the rights to block access to the class until you have caught up with your payments.

Private lessons can be cancelled up until 24 hours before the scheduled class time. If this time has passed, the class can no longer be cancelled, however can be rescheduled up to 6 hours in advance. Once both of these times have passed, it is no longer possible to reschedule or cancel. A class that was rescheduled less than 24 hours before the original class time cannot be cancelled later. This is to prevent student rescheduling a class last minute to a date in the future and then cancel, to circumvent the cancellation policy.

Fixed term courses can be cancelled up until 24 hours before the first lessons of the course. After that, the class cannot be cancelled by you. If you join for the first time you normally get one free lesson as a trial. If you sign up after this, you can cancel up until 24 hours before your first payable class.

Packages, gift certificates and subscriptions bought, such as private lesson packages, can be cancelled for a refund within 2 weeks of purchase. Any aspect of the package used (e.g. classes used) are deducted from the refund.

Section D -PAYMENTS

Payments are accepted via card throughs stripe, PayPal or bank transfer. Payments have to be made at the time of purchase through our online shop and before the start of any courses. Any monthly payment options are credit terms and cannot be cancelled. We do not normally offer pay as you go for classes and courses. You have to commit to the full term. Private lessons you can book and pay at your own convenience.

 

Section E -TEACHER ABSENCE AND ILLNESS

As with any school, teachers can be ill or absent for any other reason. In the case of absence students will be informed. Private lessons will normally be rescheduled in agreement with you, and you do have the right to ask for a refund. Wherever possible you will be informed at least 24 hours in advance. Should a teacher miss fixed term classes, there will either be another teacher to cover or most commonly the missed lesson is rescheduled to the end of the term (or any other day in agreement with all students). The school reserves the right to change the teacher during the course, should a teacher become unavailable.

Homeschool classes are not normally rescheduled, unless more than 3 lessons are missed in succession. Wherever possible cover is organised for the lesson by one of our other teachers. Students will be notified via the platform to enter the relevant teachers classroom instead. Should cover not be available at short notice, the teacher will leave a recording or provide work to be completed during the lesson time and submitted for feedback thereafter. Should the teacher be absent last minute, this recording may be provided at a later date than the scheduled lesson time.

Section F -LIVE LESSONS AND RECORDINGS

Live lessons are conducted via Zoom. By joining our services, you agree to the terms of use of zoom and agree for you or your child/dependant to be on the live lesson, which may be recorded. You agree to your audio to be on to participate in class and show your video to the teacher. It is up to the teacher whether they allow you to not turn your video on. We will however at least need audio for participation. We are aware that anxiety and certain other conditions can cause students to feel uncomfortable to join audio and video. We can with previous agreement allow the student to watch the lesson without participation. We will encourage participation and expect parents to support this.

Students are expected to follow teachers instructions and not be disruptive. Teachers at their own discretion have the right to mute or remove any students that are inappropriate, overbearing and do not follow teachers instructions.

Lessons are recorded for all homeschool classes, however not normally for fixed term courses and private lessons. Recordings are made available to the students enrolled on the course. By joining live lessons or using the recordings you agree not to copy and download or otherwise store any information and images from the recordings or the live lessons unless given prior written consent. Course material used in lessons will be made available to you separately on the platform.

Section G -ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this website and related platforms.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section H -GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks, e.g. shared between teachers as needed; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of course material and recordings and other services. You are not allowed the use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us, such as an enrolment confirmation
 

Section I -ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Any classes already booked and paid for will not be affected by the price change.

Section J -LIMITS TO PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of the school. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section K -ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section L -OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. It is up to you whether you make use of these.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section M -THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site or any of our other sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section N -USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (e.g. homework, or schoolwork) produced and submitted to our courses, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward/upload to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section O -PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which is published on our websites.

Section P -ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section Q -PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Students are expected to upload teacher set assignments in a timely fashion and by the set deadlines. Students are not permitted to abuse the service (upload/submit assignments (or other documents, coursework, examination papers etc.) that are not set by teachers at any time. The school reserve the right to discontinue our service without refund abuse the service provided. We can only offer the service if students study and complete their courses in accordance with teacher expectations.

Students are not permitted to use our websites as online file storage/coursework storage. The school is not responsible for the online storage of student coursework. Only a temporary digital copy of student coursework is permitted on our websites for the purposes of teacher assessment and potentially for promotion of courses. Students are responsible for the secure storage of their own coursework.

Section R -DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. As any business relying on technology interruptions are inevitable and do periodically happen. They will always be resolved as soon as possible.


We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. We do not supervise students while doing their homework, so cannot guarantee that their work is their own at any time.  You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.


You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Students, (or their parents/guardians) are responsible for the arrangement of any examinations, mainly applicable to our homeschool classes. In the course of teaching practical subjects, teachers may ask children to make art and design objects and scientific experiments involving potentially hazardous tools and materials. Parents/guardians must supervise their children online and offline and are responsible for the safety of their children online and offline. Our teachers are DBS checked and qualified in their subjects.

In an attempt to prevent unwanted communication between adults (other parents/staff) and children, only email addresses of adults and their telephone numbers are on our system unless they are provided by you with written permission to contact the student directly instead of you. You are responsible for monitoring your children’s messages.

Children's email addresses/telephone numbers are only used for the purpose of account logins, automated messages of the platform system. Information, such as staff absence or substitute teachers and more is sent to the students via our monitored platform messaging services. By using our platform, you agree to teachers sending messages to your children. Despite us monitoring messages, it does not guarantee safety online. Parents must monitor communications involving their children to keep them safe.

 

Parent accounts on platforms have access to their children’s communications. Despite out best efforts we cannot guarantee that students exchange contact details with their peers and are contacted through these by other adults and children. We monitor all messages as far as possible and remove and block any adult contacting minors without consent by their parents as well as anyone sending offensive messages. We have a zero-tolerance policy with regards to adults contacting students and unsocial behaviour. In the case of bullying by another student, a warning will be sent to parents with immediate expulsion upon reoffending.

It is assumed that students enrol on to a course because they feel they can complete it. Typically, students have studied the subject at a lower level before embarking on a course. Teachers reserve the right to move students who are not ready/capable of studying a course to a more appropriate lower level if necessary, in their professional opinion. The school has the aim of helping students progress and studying at the wrong level is not advantageous to this. It cannot only be damaging to a student's self-esteem and hence may harm their educational prospects but also leave them further behind. Students on our courses accept this condition and will not receive a refund should this happen to them. The student and parents will be contacted in such case and their option discussed. Students can remain in the class if they can proof that they have taken the steps to catch up in a timely fashion. It is up to the teacher and the school to make the final decision, based on their professional opinion related to the student and the impact on the students’ self-esteem as well as the other students in the class.

In no case shall the school, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section S -INDEMNIFICATION

You agree to indemnify, defend and hold harmless the school and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section T -SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section U -TERMINATION OF AGREEMENT

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.


If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section V -ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section W -GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with UK Law.

Section X -CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

Section Y -CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@eureka-learning.co.uk