1.1 In these Conditions, the following definitions apply:
Acknowledgment: the formal written acknowledgment of a booking by the Supplier.
Class: the educational training, identified in the Acknowledgment, to be provided by the Supplier to the Customer as part of the Services, whether taking the form of a one-to-one lesson, or a course or workshop with a number of students in attendance.
Cooling-Off Period: The period of 14 days from the commencement of this contract during which, under the Consumer Contract Regulations 2013, the Customer has a right to cancel.
Customer: the person purchasing the Services from the Supplier.
Representative: the Supplier’s representative or representatives at the Class and/or the Venue.
Services: the Class and any other services which the Supplier agrees to provide, as confirmed in the Acknowledgment.
Student: the individual referred to in the Acknowledgment as attending the Course.
Supplier: LCC Learning Limited of 11 Thurloe Place, London, SW7 2RS, UK registered in England and Wales with Supplier number 9044242.
Venue: the Venue at which the Services will be provided, generally at either the Rembrandt Hotel of at the Customer’s home, as referred to in the Acknowledgment or notified pursuant to condition 3.3, including where relevant, the entire site and grounds on which the Venue is located.
Working Day: Mondays to Sundays inclusive, but excluding bank holidays.
Membership: The subscription to the Supplier, enabling the Customer access to discounts on Services, as well as certain exclusive Services.
Membership Commencement Date: The date at which a Customer receives an Acknowledgment in respect of the Customer’s registration for Membership.
Membership Notice Period: A period of at least one calendar month ending on the last day of a calendar month provided that such a date is not earlier than the Minimum Membership Term.
Minimum Membership Term: Three calendar months from the Membership Commencement Date
Private Study Day: Day, 10:00 to 17:00, when the LCC Learning centre at the Rembrandt Hotel is open for Members to come in for supervised private study.
2. BASIS OF CONTRACT
2.1 These Conditions together with the Acknowledgment (together forming “the Contract”) constitute the entire agreement between the Customer and the Supplier. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made by or given on behalf of the Supplier which is not set out in the Contract.
2.2 The Customer’s booking constitutes an offer by the Customer to purchase the Services specified in it on these Conditions. Such an offer will only be accepted by the Supplier issuing an Acknowledgment, or (if earlier) by the Supplier commencing provision of the Services.
2.3 After an Acknowledgment has been issued, it is the Customer’s responsibility to verify that the Acknowledgment accurately records the Services that the Customer has ordered. It is the Customer’s responsibility to inform the Supplier should confirmation of booking not be received within 24 hours of initial payment.
2.4 Notwithstanding the Minimum Membership Term the Customer may cancel the Contract immediately by notifying the Supplier, in writing, within the Cooling-Off Period. In the case of the Customer exercising such right the Customer shall be liable to pay for all Services received prior to the cancellation notice being received. All other sums will be refunded to the Customer within 14 days of the date of cancellation.
2.5 Except where exercising the right to cancel during the Cooling-Off Period the Customer must retain and pay for Membership for the Minimum Membership Term regardless of whether the Student or the Customer make use of the Membership or associated Services. The Customer may cancel the contract by giving the Membership Notice Period to expire no earlier than the last day of the Minimum Membership Term.
3. CHANGES TO CLASS, VENUE, STUDENT
3.1 The Supplier may on notice and at its discretion make reasonable changes to the Class.
3.2 The Supplier may on notice and at its discretion change the Venue for the Class provided the new Venue is within a reasonable distance of the original.
3.3 Only the Student identified in the Acknowledgment is entitled to the benefit of the Services, and such benefit may not be transferred or assigned to any other person without the prior written consent of the Supplier.
4. THE SERVICES
4.1 The Supplier may engage such sub-contractors from time to time as they think fit to provide the Services.
4.2 It is the Student’s responsibility to attend Classes on time and the Supplier will not be responsible for missed or late attendances due to unreliable transport, poor weather, illness or any other reason.
4.3 If a tutor fails to attend a Class entirely, the Supplier will use best endeavours to provide a suitable and timely alternative group tutoring solution. If this isn’t possible a credit note for a further course will be issued.
4.4 The Supplier gives no guarantee, warranty, assurance or undertaking and makes no representation that following the provision of the Services the Student will have any particular level of knowledge, or pass, or achieve any particular grade or mark in any examination or test, or attain any particular level of achievement.
4.5 When not held on the Supplier’s premises, Services can be provided at locations specified by the Customer, such as the Customer’s home. It is the Customer’s responsibility to provide the Supplier with all location details (such as addresses and flat numbers). The Supplier reserves the right not to approve of a location specified by the Customer.
4.6 Unless the Customer formally indicates otherwise in writing prior to the creation of any of the following listed material, the Customer gives consent to the Supplier to use their, or their children’s, image and likeness and/or any interview statements in its publications, advertising or other media activities, including the internet, without expectation of compensation or other remuneration, now or in the future. This includes, but is not limited to:
- Permission to interview, film, photograph, tape or otherwise make a video reproduction of the Customer or student, and/or record their voice;
- Permission to use the Customer or student’s name;
- Permission to use quotes from interviews, film, photographs, tapes or reproductions of the Customer or student, and/or vocal recordings, in part or in whole, in the Supplier’s publications, in newspapers, magazines and other print media, on television, radio and electronic media (including the internet), in theatrical media and/or in mailings for awareness.
5. HEALTH AND SAFETY
5.1 The Customer must identify in the booking form full details of any medical condition or disability suffered by the Student and/or any medication being taken by the Student and notify of any requests for disability related reasonable adjustments. The Supplier’s staff do not have specific medical training and the Supplier does not provide medical facilities at any of the Venues.
5.2 The Supplier cannot administer, dispense or store any medication at any time. Any such matters must be discussed with the Supplier at the time that the booking is made at which time the Supplier will confirm what special arrangements, if any, it is able to make to try and accommodate the Student. Any special arrangements will be confirmed by the Supplier in writing.
5.3 The Customer must identify in writing, either in the booking form or subsequently by email, full details of any allergies and/or reactions suffered by the Student. Any such matters must be discussed with the Supplier at the time that the booking is made at which time the Supplier will confirm what special arrangements, if any, it is able to make, to try and accommodate the Student. Any special arrangements will be confirmed by the Supplier in writing.
5.4 Where refreshments are provided as part of the Services, unless otherwise agreed by the Supplier in writing, the Supplier gives no guarantee, assurance, undertaking that the same will not contain any particular substance or ingredient, including nuts or nut traces.
5.5 Any claims regarding any injury, damage or loss while attending home tuition are not counted among the responsibilities of the Supplier. This is also applicable to all cost and expenses incurred as a result of such claims.
6. CUSTOMER’S OBLIGATIONS
6.1 The Customer irrevocably acknowledges that given the nature of the Services, whilst attending a Class and/or whilst at the Venue, the Student will be under the supervision and control of the Supplier’s representative. As such, the Customer will ensure that the Student will, at all times, promptly co-operate with the Supplier and the Representative from time to time in all matters relating to the Services and promptly follow the instructions of the Representative from time to time, including without limitation, as to conduct, behaviour and punctuality.
6.2 Without limitation to condition 6.1 above, the Customer will procure and ensure that the Student will at all times when accessing the Service:
(a) be punctual;
(b) switch off and refrain from using during any Class, any mobile phone, listening device, electronic game, or any other or similar device, and/or any device that causes, or in the Representative’s opinion is likely to cause, disturbance to any other person;
(c) refrain from using bad language and/or engaging in disruptive or abusive behaviour; and/or any behaviour which in the Representative’s opinion is likely to cause irritation or offence to or disturb the Representative or any other person at the Venue, or which in the Representative’s opinion, is unacceptable, or otherwise contrary to, or incompatible with, learning, discipline, or good order;
(d) refrain from breaking or taking any item or thing from the Venue whether belonging to the Venue, the Supplier or any other person;
(e) refrain from bringing alcohol, drugs or cigarettes into the Venue or smoking in the Venue. Those that do smoke must do so clear of the premises so that there is no association with the Venue whatsoever.
(f) refrain from bringing food into any class.
(g) refrain from engaging in any sexual activity.
6.3 Conditions 6.1 and 6.2 above will be strictly enforced. The Representative’s decision as to what constitutes unacceptable behaviour, and/or as to whether or not there has been a breach of conditions 6.1 and/or 6.2 above, will be entirely within the Representative’s discretion, will be final and not subject to discussion or further review.
6.4 Notwithstanding the above the Supplier will not be responsible for, or liable to the Customer and/or the Student in respect of the behaviour, conduct, act or omission of any other Student attending the Class and/or by any person at the Venue.
6.5 If the Supplier’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer and/or the Student, the Supplier will not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
6.6 The Customer will be liable to pay to the Supplier, on demand, all reasonable costs, charges or losses sustained or incurred by the Supplier (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customer’s negligence, failure to perform or delay in the performance of any of its obligations under the Contract (including without limitation any breach of conditions 6.1 or 6.2, subject to the Supplier confirming such costs, charges and losses to the Customer in writing.
6.7 Without limitation to condition 6.6, the Customer will be liable to pay to the Supplier, on demand, all reasonable costs sustained or incurred by the Supplier arising directly or indirectly from the Student’s breaking or taking any item from the Venue, subject to the Supplier confirming such costs to the Customer in writing.
7.1 The monthly Membership fee must be paid in full on registration (and every subsequent calendar month until termination) by the recurring payment method instigated by registration via the Supplier’s website.
7.2 The Supplier reserves the right to specify or amend (where reasonably necessary) the method by which monthly membership fees shall be paid, for example by bankers’ standing order or direct debit.
7.3 The Supplier reserves the right to reject within its reasonable discretion any application for Membership. Applications may be rejected where, for example, the applicant owes money to the Supplier, or has behaved in an unacceptable way on the Supplier’s premises.
7.4 Membership is personal to the member to whom it is granted and cannot be transferred. A member may not loan his or her membership or permit it to be used by anyone else. The Supplier may assign the benefit of this agreement to any person, firm or company at any time upon giving at least 30 days prior written notice to the member.
7.5 The minimum Membership period is 3 months from the Membership Commencement Date.
7.6 The Supplier shall give at least 30 days written notice of any changes to monthly charges, such as the monthly subscription to Membership.
7.7 There is no administration fee or joining fee on purchase of Membership.
7.8 Any Membership may be terminated:
- By the Supplier:
- Without notice if a member commits repeated breaches of the rules as set out in these terms and conditions.
- By notice in writing if any payments owing to the Supplier by a member remain unpaid 14 days after the due date for payment.
- By the Customer:
i.In accordance with the right of cancellation in the Cooling-Off Period as set out in Clasue 2.4
- By giving at least 31 days prior written notice to expire on the last day of a calendar month following expiry of the Minimum Membership Term. Membership fee will remain payable to the end of the Membership Notice Period. It will be the Customer’s responsibility to cancel any direct debits concerned.
7.9 Students under the age of 17 must arrive and leave the premises accompanied by an authorised parent or guardian, unless the parent or guardian provides written permission to the Supplier to allow the Student to leave or arrive by him or herself.
7.10 Customers must notify in writing any changes to their name or address.
7.12 The hours and days during which the Supplier is open for Private Study Days may change from time to time, with the usual assumed open times between 10:00 and 17:00 on Saturdays and Sundays. Where possible at least 14 days prior notice will be given to Customers, although shorter or no notice may be given in an emergency.
7.13 The Supplier will use its reasonable endeavours to ensure that facilities are in working order and Services available for use by Customers when open, but there may be occasions when such facilities and Services may either be out of order or not available for reasons beyond the reasonable control of the Supplier. A Customer’s entitlement to facilities and Services is therefore limited to those facilities which are available to use at the time they wish to use them.
7.14 The Supplier will ensure that at least one private tutor is present on every Private Study Day.
7.15 The Supplier reserves the right to vary, revoke or add to these rules from time to time within reasonable discretion and upon giving 14 days’ notice to Customers.
7.16 The failure of the Supplier or a member to enforce any of its rights at any time for any period shall not be construed as waiver of such rights.
7.17 A Membership may not be suspended for any period.
7.18 The monthly Membership fee will not increase for as long as that Membership is maintained. In the case of Memberships that are restarted after being terminated, the rate at the time of restarting will apply.
7.19 The Supplier reserves the right to vary the Membership fee in individual cases of its choosing, whether due to difference in Services applied or customer loyalty.
8. CHARGES AND PAYMENT
8.1 In consideration of the provision of the Services, the Customer will pay the charges, using the payment option referred to in the Acknowledgment. Payment must be made strictly in accordance with the terms set out in the Acknowledgment. Unless stated otherwise, all charges will be exclusive of VAT. All payments must be made in Pounds Sterling.
8.2 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay the Supplier on the due date, they will not be permitted to attend the Course and the Supplier may: charge interest on such sum from the due date for payment at the annual rate of 5% above the base lending rate from time to time of HSBC Plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and the Customer will pay the interest immediately on demand; and suspend all Services until payment has been made in full.
8.3 Time for payment will be of the essence of the Contract.
8.4 All sums payable to the Supplier under the Contract will become due immediately on its termination, despite any other provision. This condition 8.4 is without prejudice to any right to claim for interest under the law, or any such right under the Contract.
8.5 The Supplier may, without prejudice to any other rights it may have, set off any liability of the Customer to the Supplier against any liability of the Supplier to the Customer.
8.6 Prices on our website exclude VAT and are correct at time of publishing.
9.1 The Supplier recommends that the Student does not bring valuables to the Venue and it is the Student’s sole responsibility to take care of all of their personal possessions, property and valuables. The Supplier will not be responsible for and/or liable to the Customer and/or the Student for any personal possessions, property or valuables of the Customer and/or the Student which are lost or stolen while at the Class and/or Venue.
9.2 All materials, equipment and papers, supplied by or on behalf of the Supplier to the Customer and/or to the Student will, at all times, unless the Supplier confirms otherwise, be and remain the exclusive property of the Supplier, but will be kept safely by the Customer and/or Student until returned to the Supplier, and will not be disposed of nor used other than in accordance with the Supplier’s instructions or authorisation.
10. LIMITATION OF LIABILITY
10.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; fraud or fraudulent misrepresentation.
10.2 Subject to clause 9.1 the Supplier shall under no circumstances whatever be liable to the Customer or Student, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract ; and the Supplier’s total liability to the Customer and/or Student in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the charges for the services.
10.3 This clause 9 shall survive termination of the Contract.
11.1 Without prejudice to any other rights or remedies which the Supplier may have, the Supplier may terminate the Contract without liability to the Customer immediately on giving notice to the Customer, if:
(a) the Customer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than seven days after being notified in writing to make such payment; or
(b) the Customer commits a material breach of any of the terms of the Contract. For the purpose of this condition (b) any breach of conditions 6.1 or 6.2 will be deemed a material breach.
11.2 On termination of the Contract for any reason:
(a) the Supplier will immediately cease to provide the Services;
(b) if the Student is at such time at a Venue, the Student will immediately leave the Venue and where necessary the Customer will make arrangements to immediately collect the Student from the Venue;
(c) the Customer will immediately pay to the Supplier all of the Supplier’s outstanding charges together, where applicable, with interest; and
(d) the accrued rights and liabilities of the Supplier as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, will not be affected.
12. FORCE MAJEURE
12.1 The Supplier will have no liability to the Customer under the Contract if it is prevented from, or delayed in performing, its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation), strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of the Supplier’s, employees, agents or subcontractors.
13. NON SOLICITATION
13.1 The Customer or Student is not permitted to make private arrangements for tuition with any Representative introduced by the Supplier. Should a Customer or Student breach this obligation, they will be liable to account to the Supplier for all sums paid to the Representative without deduction and the Supplier shall be entitled to obtain an injunction against a Customer to prevent further breaches. This obligation shall continue notwithstanding termination of this agreement.
14. DATA PROTECTION
14.1 For the purpose of the Data Protection Act 1998 (the Act), the Supplier is the data controller. In this Clause 14 ‘We’ refers to the Supplier and ‘You’ refers to the Customer and Student
14.2 Information We Collect From You
We will collect and process the following data about you:
- Information you give us. This is information about you that you give us by filling in forms on our website or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site, subscribe to our service, and when you report a problem with our site. The information you give us may include the following in relation to you; name, address, e-mail address and phone number, financial and credit card information, personal description and photograph, academic results and achievements.
14.3 Uses made of the information
We use information held about you in the following ways:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us;
- to provide you with information about other services we offer that are similar to those that you have already purchased or enquired about;
- to notify you about changes to our service;
14.4 Disclosure of Your Information
You agree that we have the right to share your personal information with:
- Selected third parties including:
- Representatives, sub-contractors for the performance of any contract we enter into with you;
- Rembrandt Hotel
We will disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
- If Supplier or substantially all of its assets are acquired by a third party, in which case personal data held by it about its Customers and Students will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation.
14.5 Where We Store Your Personal Data
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
15.1 The Supplier may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services.
15.2 Save as otherwise provided, no variation of the Contract or these Conditions or of any of the documents referred to in them will be valid unless it is in writing and signed by or on behalf of each of the parties.
16.1 A waiver of any right under the Contract is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by the Supplier in exercising any right or remedy under the Contract or by law will constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy will preclude or restrict the further exercise of that (or any other) right or remedy.
16.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
17.1 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract will not be affected.
18. ENTIRE AGREEMENT
181 The Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
182 Nothing in this condition will limit or exclude any liability for fraud.
19.1 The Customer will not, without the prior written consent of the Supplier, assign, transfer, charge, mortgage, subcontract or deal in any manner with all or any of their rights or obligations under the Contract.
19.2 The Supplier may at any time assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
20. RIGHTS OF THIRD PARTIES
20.1 A person who is not a party to the Contract will not have any rights under or in connection with it.
21.1 Any notice required to be given under the Contract will be in writing either by email or post to the other party, in the case of the Customer, to the address specified in the Acknowledgment, and in the case of the Supplier to the address referred to in condition 1.1 above, or as otherwise specified by the relevant party by notice in writing to the other party.
21.2 Any notice will be deemed to have been duly received, in the case of a notice sent within the UK, on the second Working Day after posting, or, in the case of a notice sent from one country to another, on the fifth Working Day after posting (where the recipient is not in the UK, a Working Day being a day generally classified as a working day in that country).
22. GOVERNING LAW AND JURISDICTION
22.1 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, will be governed by, and construed in accordance with, the law of England and Wales.
22.2 The parties irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter.