Terms and Conditions

Last updated: August 04, 2019

These Customer Terms & Conditions and any other terms posted on the website located at the URL https://www.thephonicsschool.com/  (the “Website”), including the Privacy Policy, each of which is incorporated by reference herein (collectively with these Customer Terms & Conditions, the “Customer Terms”), constitute an agreement between The Phonics School Ltd ( “we”, “our”, “us”) and you, the customer, governing your enrolment into The Phonics School and/or the purchase and subsequent participation of any product or programme offered for sale by us and our associated delivery partners (the “Service/s”).

WHEN YOU ENROL OR PURCHASE A SERVICE FROM US, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE CUSTOMER TERMS.  IF YOU DO NOT AGREE TO THESE TERMS OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THE TERMS, YOU SHOULD STOP USING OUR SERVICES, TERMINATE YOUR ENROLMENT AND DISCONTINUE PURCHASING PROGRAMMES.

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and all applicable laws. Your right to access the Service will terminate immediately, without any further action by us if you breach the Customer Terms. These Terms apply to all customers, users and others who access or use the Services.

1.0 The Services

 

1.1 We endeavour to provide and deliver our Services to the highest standards of the industry, in a timely, professional manner within a safe and secure environment.

1.2 Descriptions of the Services are available on our Website. The dates on which the Services for you will begin and other information required in order to access the programme, will be confirmed via email.  We will provide the Services with our best intentions and highest level of care and skill in accordance with the description set out on the Website.

 

1.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice, but will endeavour to email our customers and advise of any changes affecting them in a timely manner.

 

2.0 Enrolment

 

2.1 To use the Services available on the Website, you will need to enrol your child with The Phonics School Ltd. Enrolments must be completed online by, and as such have consent from, the parent or guardian of the child who they are wishing to enrol. 

2.2 During enrolment you are required to provide information about yourself, and that of the child, that is true, accurate, current and complete in all respects, including name, address, date-of-birth and e-mail address. 

2.3 We reserve the right to refuse or cancel your child’s enrolment at any time for certain reasons including but not limited to: reaching enrolment capacity; ineligibility such as age, inadequate language skills or other reasons of ineligibility; disruptive behavioural problems during class; programme or service availability; or other reasons. We also reserve the right to change the enrolment requirements from time to time.  

3.0 Purchasing Services

3.1 You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

 

3.2 If you wish to purchase any product or service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that The Phonics School Ltd is not responsible for any loss or damage arising from the submission of false or inaccurate information.

 

3.3 By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

 

3.4 We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability; errors in the description or price of the product or service; error in your order or other reasons. You expressly agree that The Phonics School Ltd cannot accept any liability for loss or damage arising out of such cancellation.

 

3.5 We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

4.0 Eligibility to Enrol and Make Purchases

4.1 In order to enrol and make subsequent purchases of products or services with The Phonics School, you must be: (i) the parent or guardian of the child you wish to enrol; (ii) 18 years of age or older (depending on the applicable laws of the jurisdiction in which you live); and (iii) be lawfully able to enter into and form contracts on the Internet in accordance with the laws of the state or other jurisdiction in which you live.  

5.0 Fees

5.1. The price for the Service shall be as set out on the Website or as confirmed to you via email at the time you placed an order for them. 

5.2. Unless otherwise specified at the time you purchase the Services, the prices are in Euros and include all programme material and access to the Online Student World, but are exclusive of VAT or other local taxes. 

 

5.3 If you are a customer whose credit/debit card is not denominated in Euros, your final price will be calculated in accordance with the applicable exchange rate on the day your credit/debit card issuer processes the transaction. 

 

5.4. Fees for the Service/s you purchase shall be debited from your credit / debit card at the time of purchase, prior to the start of the delivery of any Services. Services will not be delivered unless payment is received in advance. 

5.5 All fees are paid on a monthly basis. Monthly Fees must be paid in a timely manner in accordance to the schedule agreed.

5.6. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and TPS shall not be responsible for these.

5.7. You shall be responsible for all costs you incur in connection with your attendance/ access onto any product or programme (e.g. Internet provider costs).

6.0 Cancellation, Variations and Refunds

6.1 We offer every new customer the right to cancel their order and claim a full, no quibble refund within 24 hours after their first class with The Phonics School Ltd. This does not apply to students who are re-joining Programmes after a break or have been previous customers.

6.2 After the initial six month period, your contract with The Phonics School can be terminated by giving one month's notice. 

6.3 Notwithstanding the above clauses 6.1 and 6.2, there is no other right to cancel or vary your purchase of Services (without prior agreement with The Phonics School Ltd) and any other cancellation and/ or variation of class/course dates will be at the entire discretion of The Phonics School Ltd.

6.3 The Phonics School will not give refunds for classes missed for the following customer reasons: (i) If you miss a class due to lateness, holidays, illness and other such absences; (ii) If you experience internet or other technical problems and subsequently miss most of, or all, the class; (iii) All other customer-related reasons.

6.4 In the case, the teacher is unable to deliver the class/es due to illness, technical problems or other such teacher-related issues, The Phonics School is not obliged to refund customers, but instead will do their utmost to find a substitute teacher. If a substitute teacher can not be found, The Phonics School reserves the right to change the date and time of the affected class/es. 

7.0 Availability, Errors and Inaccuracies

7.1 Although we aim to provide the Services to the highest standards of the industry, the products or services available may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

7.2 We cannot and do not guarantee the accuracy or completeness of any information, including prices, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice, but will endeavour to email our customers and advise of any changes affecting them in a timely manner. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.

 

8.0 Contests, Sweepstakes and Promotions

 

8.1 Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. The terms and conditions of any other "Promotions" are independent of this agreement.

9.0 Intellectual Property

 

9.1 The Service and its original content, features and functionality are and will remain the exclusive property of The Phonics School Ltd and/or its licensors and partners whether adapted, written for or customised for the Student or not. 

 

9.2 The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. 

 

9.3 Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The Phonics School Ltd.

 

10.0 Links To Other Websites

10.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by The Phonics School Ltd.

 

10.2 The Phonics School Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Phonics School Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such content, goods or services available on or through such web sites or services.

 

10.3 We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

11.0 Termination

 

11.1 We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

11.2 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12.0 Indemnification

12.1 You agree to defend, indemnify and hold harmless The Phonics School Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

 

13.0 Limitation Of Liability

 

13.1 In no event shall The Phonics School Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

14.0 Assignment

 

14.1 Any Services provided by us under these terms and conditions are personal to you and the Student and cannot be transferred or assigned to any other person.

 

14.2 We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

15.0 Disclaimer

 

15.1 Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

15.2 The Phonics School Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

16.0 Exclusions

 

16.1 Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will The Phonics School Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by The Phonics School Ltd or any person for whom The Phonics School Ltd is responsible, and even if The Phonics School Ltd has been advised of the possibility of such loss or damage being incurred.

 

17.0 Governing Law

 

17.1 These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

 

17.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

18.0 Changes

 

18.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

18.2 By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

 

19.0 Privacy Policy

 

19.1 Please refer to our Privacy Policy. You agree that they constitute part of these terms. You must read our Privacy Policy before you use the Service.

 

20.0 Contact Us

20.1 If you have any questions about these Terms, please email us at:

sophie@thephonicsschool.com or suzi@thephonicsschool.com