Cognita Tutoring Terms and Conditions
Updated: 4th June 2021
www.cognitatutoring.com is operated by, and the Services are supplied by, Cognita Schools Limited, whose registered office is Seebeck House, One Seebeck Place, Knowlhill, Milton Keynes, Buckinghamshire, MK5 8FR, registered in England and Wales under company number 02313425, VAT registration number GB933928691 (referred to as “Cognita”, “Us”, “Our” or “We”). The individual who signs up to an Account and/or purchases the Services is referred to herein as “Parent” and “You”.
These Terms and Conditions tell You who We are, how We will provide Services, how the Contract may be changed or brought to an end, what to do if there is a problem and other important information. Please read these Terms and Conditions carefully before signing up to an Account or making a Booking. We recommend that You save a copy for Your records.
If You think that there is a mistake in these Terms and Conditions or You have any questions about these Terms and Conditions, please contact Us to discuss before using the Website, signing up to an Account or making a Booking, You can contact Us by telephoning or by emailing Us using the details set out in clauses 8.10.1 and 8.10.2.
By signing up to an Account or making a Booking, You are conﬁrming Your agreement to be bound by these Terms and Conditions. Before making a Booking, You will be asked to agree to be bound by these Terms and Conditions. If You do not accept these Terms and Conditions, You will not be able to create an Account or make a Booking.
We may update these Terms and Conditions from time to time in accordance with clause 15.
If We have to contact You We will do so by telephone, or by writing to You at the email address or postal address You provided to Us. It is important that You tell Us if Your contact details change. We may also use other forms of contact such as in-app messaging, push notifications or SMS.
“Account” means Your online Cognita Tutoring account;
“Booking” means an order placed by You for a Session/s via the Website;
“Booking Confirmation” means the email issued to You by Us when We accept Your Booking;
“Cancellation Policy” means Our cancellation policy as explained in clause 8;
“Contract” has the meaning given to it in clause 4.3;
“Course of Group Sessions” means the block of 6 Group Sessions run over the course of set 6-week periods;
“Group Session” means the tutoring session to be provided by a Tutor to a Pupil in a group of three pupils, including the Pupil, online via the Tutoring Platform, as described on the Website.
"Fee" means the fee payable by You to Us for the Services and shall include any VAT payable;
“One-to-One Session” means a one-to-one tutoring session to be provided by a Tutor to a Pupil online via the Tutoring Platform, as described on the Website;
"Online Study Materials" means, but is not limited to, online tests, online tutorials and online downloads made available to You on the Tutoring Platform;
“Pupil” means the child named in the Booking;
“Services” means the Session/s ordered by You, as set out in the Booking;
“Session/s” mean One-to-One Session/s and/or a Course of Group Sessions;
“Tutor” means a tutor appointed by Us;
“Tutoring Platform” means the platform via which the Services are provided to a Pupil being Microsoft Teams and the Century Tech platform allocated to each Pupil;
"Website" means www.cognitatutoring.com .
2. Other terms that apply
3. Your Account
3.1. To be eligible for an Account, You must be: (a) 18 years old or over; and (b) a parent of, or person with parental responsibility for, the Pupil. You are responsible for the Pupil including, without limitation, any interaction the Pupil may have with the Website and the Tutoring Platform.
3.2. In order to be able to make a Booking and purchase a Session/s, You will need to register for an Account via the Website. To register for an Account, you will be asked to provide personal information about yourself, including your name and your email address. You will also be asked to create a password for your Account.
3.3. You must treat Your username and password as confidential and must not disclose it to any third party, except to the Pupil who may use Your username and password for the purposes of receiving the Services. You must ensure that the Pupil keeps the username and password confidential and does not disclose it to any third party. If You know or suspect that anyone other than You or the Pupil knows your Account details, You must notify us immediately via firstname.lastname@example.org.
3.4. We have the right to disable any username or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion, You or the Pupil have failed to comply with any of the provisions of this clause 3.
4. Your Booking
4.1. Once You have set up an Account, You can make a Booking via the Website. Your Booking shall consist of either a One-to-One Session, multiple One-to-One Sessions, a Course of Group Sessions, or a combination of these. When You place a Booking, You are offering to purchase the Services as governed by these Terms and Conditions.
4.2. Following receipt by Us of Your Booking, You will receive an automated email conﬁrming that Your Booking has been received by Us. Please note that this does not mean that Your Booking has been accepted. Your Booking will be subject to acceptance by Us. Bookings are subject to availability and if We are unable to accept Your Booking, We will inform You of this via email and will not charge You for the Booking.
4.3. Our acceptance of Your Booking will take place when We send You a Booking Confirmation, at which point a contract will come into existence between You and Us. Each of the following will form a separate contract (“Contract”) between You and Us:
4.3.1.each individual One-to-One Session; and
4.3.2.each Course of Group Sessions
4.4. There shall be no contract between You and the Tutor.
4.5. We may withdraw a Session advertised for sale on the Website at any time.
5.1. We will provide the Services using reasonable skill and care.
5.2. The dates and times for Sessions will be as set out on the Website, if We need to change the Sessions, We will contact You via phone or email and clause 8.6 will apply.
5.3. We do not make any commitment to You that the Pupil will obtain any particular result as a consequence of using the Services.
6.1. The Pupil will receive Sessions via the Microsoft Teams platform; you will be sent an email from the Tutor (only) with an invite to join the Microsoft Teams session at an agreed time, using the agreed email address.
6.2. Sessions must only commence with the Pupil if the Parent (or guardian) is present and sighted with the Pupil at the start of the Session, the Parent (or guardian does not need to stay with the Pupil for the duration of the Session.
6.3. Sessions will be recorded on Microsoft Teams to safeguard the Pupil and the Parent (or guardian) and the Tutor. By agreeing for the Pupil to participate in each Session, You give Your consent to the recording of the Session.
6.4. Communication between the Tutor and the Pupil will be only via Microsoft Teams within Posts.
6.5. Should any safeguarding concerns arise during a session, then the procedures outlined in the Safeguarding Policy will be followed.
7. Payment Terms
7.1. The Fee will be the price indicated when You made the Booking and will be confirmed in the Booking Confirmation. If You think the Fee in the Booking Confirmation is wrong, please immediately contact Us to let Us know (Our details are set out in clause 8.10). We take all reasonable care to ensure that the Fee is correct. However please see clause 7.3 for what happens if We discover an error has been made.
7.2. The first Session booked on Your Account shall be free of charge.
7.3. It is always possible that, despite Our best efforts, there may be an error in the pricing. We will normally check prices before accepting Your Booking so that, where the correct price at date of Your Booking is less than Our stated price at date of Your Booking, We will charge the lower amount. If the correct price at the date of Your Booking is higher than the price stated to You, We will contact You for Your instructions before We accept Your Booking. If We accept and process Your Booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may end the Contract and refund You any sums You have paid.
7.4. Prices indicated on the Website may change from time to time, but any changes shall not affect Bookings for which You have been sent a Booking Confirmation.
7.5. All Fees are paid, and if applicable refunds are processed, using Stripe (“Stripe”), whose terms are available here (which Stripe may update from time to time). You authorise Us to provide such information as We may require to enable Stripe to provide their services and You will provide Us with all reasonable assistance that We may require so that We can comply with Our obligations to Stripe.
8.1. Under the Consumer Contracts Regulations 2013, You have the right to change Your mind and cancel the Contract within 14 days after the date of the Booking Confirmation and receive a refund without giving any reason. You can cancel the Contract by informing Us of Your decision to cancel the Contract by a clear statement (e.g., by using the methods set out in clause 8.10). You should be aware that You do not have a right to change Your mind in respect of Services, once these have been completed, even if the cancellation period is still running.
8.2. If You request that We start performing the Services during the cancellation period, You shall pay Us an amount which is in proportion to what has been performed until You have communicated to Us Your cancellation from the Contract, in comparison with the full coverage of the Contract Once the Booking Confirmation has been sent, We set up a virtual classroom, set up an account with the third party software provider We use to help provide the Services, Century, send You a survey link to collect information about the Pupil, review the response to the survey (if returned) and use one of the non-refundable licences we obtain from a third party, we must also process Your refund. The cost of the administrative tasks associated with cancellation is £20 per Booking, this sum will be deducted from Your refund.
8.3. For the purposes of clause 8.1, if You have booked a Course of Group Sessions which has started to run before the expiry of the cancellation period then You will be requesting that We perform Services before the expiry of the cancellation period. You will not be entitled to cancel a Course of Group Sessions once the first Group Session has started.
8.4. If clause 8.1 does not apply or no longer applies because You are cancelling outside of the 14-day cancellation period, You will still have a right to cancel but You will be charged a cancellation fee. The cancellation fee will be calculated in accordance with clauses 8.5 or 8.6.
8.5.1.cancel 48 hours before the scheduled start time of a Session, We will refund You the total amount of Fees paid for that Session; or
8.5.2.cancel fewer than 48 hours before the scheduled start time of a Session there will be no refund and You must pay the full Fees for that Session.
8.6.1.cancel 7 days before the scheduled start time of the first Session in the Course of Group Sessions, We will refund You the total amount of Fees paid for the Course of Group Sessions; or
8.6.2.cancel fewer than 7 days before the scheduled start time of the first Session in the Course of Group Sessions there will be no refund and You must pay the full Fees for the Course of Group Sessions.
8.7. If We need to rearrange or cancel a Session, We will contact You as soon as possible via email to:
8.7.2.rearrange a scheduled Session. This will include, without limitation, where a Session has not taken place because the Tutor has not arrived for the scheduled Session and has not advised beforehand that they will not be in attendance, or if the Tutor is more than 15 minutes late. You may choose to accept the change (and so the Fees will be applicable for the new Session) or You can reject the change in which case You will not be required to pay Fees, or if You have already paid, You will be entitled to receive a refund of the Fees paid for that Session.
8.8. If the Pupil does not attend a Session, the Tutor will send You a message on the Tutoring Platform during the Session to remind You of the Session but no refund will be due if the Pupil does not attend.
8.8.1.We reserve the right to use Our discretion in exceptional circumstances to determine whether to allow a Course of Group Sessions to be rescheduled and to charge additional charges (“Additional Charges”) in any such event to cover the administration costs incurred by Us. Any such Additional Charges will be communicated to you before you make your decision.
8.9. If You choose to close Your Account at any time, We will no longer be able to provide the Services. We will consider that any outstanding Session(s) have been cancelled by You and the cancellation policy will apply. If We suspend or terminate Your Account in accordance with clause 9, We will be deemed to have cancelled any outstanding Session(s) and We will refund You in accordance with clause 8.7.1.
8.11. If You try to cancel in any other way the attempt will not be valid, and the Session will not be cancelled.
8.12. Refunds will be made using the same method of payment as You used for the purchase and will be paid within 14 days of You informing Us of the cancellation.
8.13. For further details of Your rights under the Consumer Contracts Regulations You can visit Your local Citizens' Advice Bureau or visit the Competition and Markets Authority website.
9. Termination and suspension
9.1. We may end the Contract in its entirety, or in respect of a particular Session, at any time by writing to You, if:
9.1.1.You do not, within a reasonable time of the Tutor asking: (a) provide the Tutor with information that is necessary for the Tutor to provide the Services; or (b) allow the Tutor to provide the Services to the Pupil;
9.1.2.We consider that You or the Pupil have materially breached the Contract or any of the documents referred to in clause 2.1; or
9.1.3.You do not make payment when You were supposed to. Where possible, We will notify You that You have failed to pay and give You 7 days to make payment before We exercise Our rights under this clause.
9.2. We must provide at least 24 hours’ written notice to You if We wish to terminate the Contract.
9.3. If We have the right to terminate the Contract in accordance with clause 8.1, We may instead choose to suspend performance of a particular Session and/or access to Your Account and/or the Tutoring Platform.
9.4. You can end the Contract at any time by closing Your Account. The Cancellation Policy will apply.
9.5. On termination all rights granted to You under these Terms and Conditions will immediately stop which means You must stop all activities authorised by these Terms and Conditions including using Tutoring Platform and the Services will also end as well as access to your Account. You will immediately pay all outstanding unpaid Fees, but if You are entitled to a refund We must make any refunds as soon as possible and within 14 days of the date of termination.
10. System Requirements
Please note that it is Your responsibility to check that the device You plan to use to access the Tutoring Platform is compatible with the minimum browser speciﬁcation requirement
10.2. We do not make any commitment to You that the Tutoring Platform will be compatible with or operate with Your software or hardware. You will need to check this Yourself before making a Booking.
11. Technical Support and Access
11.1. We do not guarantee that the Tutoring Platform, or any content on it (including, without limitation, Online Study Materials), will always be available or be uninterrupted, timely or error free or secure or free from bugs or viruses. We may suspend or withdraw or restrict the availability of all or any part of the Tutoring Platform for the purposes of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Tutoring Platform. We will try to give You reasonable notice of any suspension or withdrawal.
11.2.1. the operation of the internet, including but not limited to viruses;
11.2.2. any ﬁrewall restrictions that have been placed on Your network or the computer You are using to access the Tutoring Platform;
11.2.3. failures of telecommunications links and equipment; or
11.2.4. updated browser issues.
11.3. You accept and acknowledge that We will not be liable to provide a refund if You are unable to access the Services owing to any of the reasons set out in clause 11.2 or any other reason beyond Our control of which We are not aware.
12. Limitation of Liability
12.1. We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
12.2. We only supply the Services for domestic and private use. If You use the Services for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3. We are not responsible to You for any data that You lose either (a) as a result of accessing the Tutoring Platform, or (b) during completion of any Session or Course of Sessions.
12.4. If We fail to comply with these Terms and Conditions, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this Contract or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the Booking process.
12.5. If defective digital content which We have supplied damages a device or digital content belonging to You and this is caused by Our failure to use reasonable care and skill We will either repair the damage or pay You compensation.
13. Intellectual property
13.1. We (and/or Our licensors) is the owner of all intellectual property rights in the Tutoring Platform and Online Study Materials. No Online Study Materials or Tutoring Platform content may be reproduced, stored in a retrieval system or transmitted in any form or by any means without Our prior written permission.
13.2. In return for You agreeing to comply with these Terms and Conditions and provided that We have received payment of the Fee, You and/or the Pupil may download a copy of the Online Study Materials or Tutoring Platform content onto Your devices to view, use and display the Online Study Materials and Tutoring Platform content on such computer for personal purposes only. Neither You, nor the Pupil shall be entitled to use the Services for commercial gain, the Services are for domestic use only.
13.3. Save as expressly set out in these Terms and Conditions, You may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate, or distribute in any way any of the Online Study Materials or Tutoring Platform content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or Tutoring Platform content or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials or Tutoring Platform content into any software program.
13.4. Use of the Online Study Materials and Tutoring Platform content not expressly permitted in these Terms and Conditions is strictly prohibited and will constitute an infringement of either Our, or Our licensors’, intellectual property rights. If We reasonably suspect You, are in breach of this clause 12, We may require You to immediately return or destroy the Online Study Materials and/or Tutoring Platform.
14. Data protection
14.1. We will only process the information We receive from You, or otherwise hold about You in accordance with Our Privacy Notices.
15.1. We may update or amend these Terms and Conditions from time to time to comply with law or to meet Our changing business requirements. Any updates or amendments will be posted on the Website. Any updates to the Terms and Conditions shall not affect Bookings which have been accepted prior to the Terms and Conditions being changed.
15.2. We may need to make changes to the Services from time to time to comply with law or to meet Our changing business requirements. We will notify You of any material changes to the Services in advance. If You do not agree to the changes, You will be entitled to cancel the Contract in respect of the particular Session(s) affected and receive a refund within 14 days of cancellation.
16.1. These Terms and Conditions (and the documents referred to in these Terms and Conditions) constitute the entire agreement and understanding between Us and supersedes and replaces any other terms and conditions previously published by Us and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by Us to You, whether oral, written or otherwise, relating to the subject matter of these Terms and Conditions. In the event of any conflict between the Additional Policies and these Terms and Conditions, these Terms and Conditions shall take precedence.
16.2. You may not assign, transfer or sub-contract any of Your rights or obligations under these Terms and Conditions to any third party unless We agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to a third party. We do sub-contract the tutoring services to Our Tutors and We acknowledge that We shall be liable for their acts and omissions as if they were Our own. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under the Contract.
16.3. If We are aware that Our supply of Services is delayed by an event outside Our control then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. Provided We do this, We will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact Us to end the Contract in respect of the affected Session(s) and receive a refund for those particular affected Session(s) for which You have paid for but not received.
16.4. No relaxation or delay by Us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall aﬀect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by Us in writing.
16.5. Each of the paragraphs of these Terms and Conditions operates separately. If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and eﬀect.
16.6. The Contract is between You and Us. No other person shall have any rights to enforce any of its terms. Neither You or Us, will need to get the Contract of any other person in order to end the Contract or make any changes to these Terms and Conditions.
16.7. These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales.