Terms and Conditions | Becca Tuition

Version 1.0.0

This Agreement governs the use of the Website, beccatuition.com, which is owned and operated by Rescoping Education Ltd under company number 16638743. Rescoping Education Ltd's registered office is 5 Brayford Square, London, E1 0SG.

The Agreement was last updated on 21/09/2025 and replaces any previous versions of them.

Please read these terms and conditions carefully before using the Website. By using the Website, the User agrees to be bound by this Agreement. The Website provides the User with the ability to express interest, book, and pay for online Lessons, along with information and resources about the subjects.

1 Acknowledgement

This Clause outlines how the User agrees to be bound by this Agreement.

1.1 For General Website Use

By using the Website, the User acknowledges they have read and understood this Agreement.

1.2 For Bookings

By submitting a Booking Form and checking the 'I agree' checkbox, the User explicitly consents to this Agreement and acknowledges having read and understood these terms, including all policies referenced herein, such as the Privacy Policy and the Safeguarding Policy. The User's click of the 'I agree' checkbox constitutes a legally binding electronic signature, signifying their express and active acceptance of this Agreement.

1.3 Initial Free Consultation and Sample Lesson

The Company offers an initial, free-of-charge consultation and Sample Lesson to prospective Students. This introductory service is distinct from the paid lessons that fall under this Agreement. By completing and submitting the Booking Form for an Initial Free Consultation and Sample Lesson, the User agrees to be bound by this Agreement. While no payment obligation arises from this initial booking, the User's acceptance of these terms signifies their consent to the full scope of the agreement, which will govern any subsequent paid lessons should the User choose to continue with the Service. The User is free to cancel at any time after the initial consultation. All such communications, as well as any other issues or queries, must be submitted by email and per Clause 5 (Responsibilities of Student) and Clause 10 (Cancellations, Refunds, and Disputes).

A link to the virtual classroom for the initial free consultation and a contact for technical issues will be sent via email at least 24 hours before the scheduled start time, or as soon as possible for bookings made within 24 hours.

2 Definitions

Capitalised words in this Agreement have specific meanings defined in this clause. These definitions shall apply equally to both the singular and plural forms.

Agreement: These Terms and Conditions, which form the entire agreement between the User and the Company regarding the use of the Service.

Booking: A confirmed reservation for a single Lesson made via the Service.

Booking Form: The document or interface within the Service through which a User provides information to request, confirm, and provide payment details for a Booking.

Company: (Referred to as "the Company," "We," "Us," or "Our") Rescoping Education Ltd, a company registered in England with company number 16638743 and with a registered office at 5 Brayford Square, London, E1 0SG.

Complaint: A claim by a Student that the Service provided by a Tutor fell below a reasonable standard, or that a Missed Lesson occurred.

Content: Any text, images, or other information, including but not limited to Feedback and lesson-related materials, that a User provides or makes available to the Company or a Tutor via the Website, Booking Form, email, or within the Online Classroom during a Lesson.

Device: Any electronic device, such as a computer, mobile phone, or tablet, that can access the Service.

Extenuating Circumstances: Unforeseen and unavoidable events that materially prevent a party from fulfilling their obligations under this Agreement. This includes, but is not limited to, medical emergencies, severe illness, death in the immediate family, or natural disasters. This definition specifically excludes events such as technical issues (including, but not limited to, internet or equipment failure), personal commitments, or scheduling conflicts. It does not exclude technical failures of the Company's systems.

Force Majeure Event: Any event beyond the reasonable control of a Party, including but not limited to, acts of God, war, acts of terrorism, riots, civil commotions, fire, flood, earthquake, or other natural disasters, epidemics, pandemics, any governmental act or regulation (including new laws or restrictions on a Party's ability to conduct its business), and a nationwide or regional power, telecommunications, or internet outage. For the avoidance of doubt, this definition excludes events such as general economic downturn, technical issues (including, but not limited to, internet or equipment failure), personal commitments, or scheduling conflicts. It does not exclude technical failures of the Company's systems.

Feedback: Any feedback, suggestions, or ideas provided by a User to the Company regarding the attributes, performance, or features of the Service.

Lesson: A scheduled, paid one-to-one online tuition session between a Student and a Tutor.

Lesson Fee: The fee payable by a Student for a Lesson, as displayed on the Booking Form.

Missed Lesson: A booked Lesson that does not proceed due to the Tutor's failure to attend the Online Classroom at the scheduled start time. This term does not include instances where the Student fails to attend.

Online Classroom: The virtual classroom provided by the Company that is made available to Users for a booked Lesson.

Safeguarding Policy: The Company's official policy on protecting children and vulnerable adults, which outlines procedures and commitments for ensuring the safety and well-being of all users. This policy should be read in conjunction with the Privacy Policy and these Terms and Conditions.

Service: The collective services provided by the Company through the Website.

Student: A User who has booked and registered for a Lesson with the Company. Where a learner is under 18 years of age, the "Student" shall be their parent or legal guardian for the purposes of this Agreement.

Tutor: An individual engaged by the Company to provide Lessons to Students.

User: Any person who uses or accesses the Website.

Website: The website owned and operated by the Company, accessible at beccatuition.com.

3 Rights and Responsibilities of the Company

3.1 General Responsibilities

The Company is liable for all acts and omissions of its Tutors in the course of their engagement. The Company is responsible for:

Providing a platform to book Lessons and a functional website. The Company will communicate any planned downtime via the website or via email. Uninterrupted service cannot be guaranteed.

The Company will make reasonable endeavours to ensure that information about the Tutor and the company itself, including contact details and qualifications, is kept up to date.

Handling all Bookings and cancellation information via the website and/or email.

Maintaining appropriate insurance policies to cover its work.

Storing and managing all Lesson recordings in accordance with its Privacy Policy and Safeguarding Policy.

The Company will ensure Complaints are considered promptly and in accordance with the procedures set out in Clause 10 (Cancellations, Refunds, and Disputes).

3.2 Financial and Refund Liability

The Company is liable to refund a Lesson Fee in the event of a Tutor's lateness or their failure to provide the Service.

Should a Tutor make a Booking but fail to deliver the scheduled Lesson, the Company is liable to refund the full Lesson Fee directly to the Student.

In the event that a Student is unable to access the Online Classroom, the Company shall refund all fees received for said Lesson, except where the inability to access the Service arises from a Force Majeure Event as defined in Clause 2 (Definitions) or the Student's failure to provide the necessary equipment or stable internet connection.

Should a Tutor fail to attend for at least 15 minutes from the scheduled start time, the Company shall be liable to refund the full Lesson Fee for the associated Lesson.

3.3 Commitment to Consumer Rights Act 2015

The Company is committed to upholding the standards set forth in the Consumer Rights Act 2015. The Company will ensure that the Service provided is of satisfactory quality, fit for their intended purpose, and as described. This includes, but is not limited to, ensuring that lessons are delivered by qualified Tutors, that the Online Classroom is fit for purpose, and that all descriptions of the Service are accurate and not misleading. This commitment is in addition to, and does not affect, the User's statutory rights under the Act.

The Company is liable to refund a Lesson Fee in the event of a Tutor's lateness or their failure to provide the Service.

Should a Tutor make a Booking but fail to deliver the scheduled Lesson, the Company is liable to refund the full Lesson Fee directly to the Student.

Should a Tutor fail to attend for at least 15 minutes from the scheduled start time, the Company shall be liable to refund the full Lesson Fee for the associated Lesson.

3.3 Commitment to Consumer Rights Act 2015

4 Responsibilities of Website User

The User shall be solely responsible for their own personal and data security in conjunction with their use of the Service, both online and offline.

The User is obligated to immediately report to the Company any defamatory, offensive or illegal material they encounter on the Website.

Users are required to exercise their own discretion and judgment regarding the accuracy and completeness of information provided on the Website. The Company does not warrant that all content on the Website is accurate, complete, or current.

By using the Website, the User agrees to be bound by the Company's Privacy Policy.

The User acknowledges that any information, message, or question they provide in the 'Message' or 'Question' fields of the contact form is submitted at their own discretion. The User is solely responsible for the accuracy, truthfulness, and legality of any content they submit, and they must not include any defamatory, offensive, illegal, or inappropriate material. The Company reserves the right to review and, if necessary, take action on any submitted content deemed to violate this Agreement or any applicable law.

4.1 Data Security

The Company is committed to protecting the User's personal data in full compliance with UK data protection laws, including the UK GDPR. The User's personal information is collected, processed, and stored in accordance with the Company's Privacy Policy. The Company does not sell or share the User's data with third parties for marketing purposes. The Company takes the security of personal data provided via the Website seriously and implements reasonable technical and organisational measures to protect it from unauthorised access, loss, or alteration. While the Company strives to protect the User's data, no method of transmission over the Internet or method of electronic storage is 100% secure.

4.2 Prohibited Actions

The User agrees not to use the Website or Service for any unlawful or prohibited purpose. Prohibited actions include, but are not limited to:

Uploading or distributing any malicious software, viruses, or harmful code.

Engaging in any form of spamming, unsolicited advertising, or other forms of solicitation.

Attempting to gain unauthorised access to any part of the Website, other User accounts, or the Company's systems.

Using automated scripts, bots, or any other means to collect information from the Website without the Company's express written consent.

Impersonating any person or entity or misrepresenting the user's affiliation with any person or entity.

5 Responsibilities of Student

5.1 Disclaimer of Liability

The Company disclaims all responsibility for the acts or omissions of its Students and shall only be held liable for its own acts or omissions.

5.2 Student Eligibility and Consent

Students must be at least 18 years of age to book a Tutor directly, otherwise the Student must be represented by a parent or legal guardian who shall provide informed consent for them to receive tuition. The Company shall not be responsible for any dispute that arises between a minor under the age of 18 and a parent or guardian.

5.3 Student Obligations

Students are responsible for ensuring that all personal and contact information is accurate and current. The Company will communicate with Students via email.

5.4 Booking and Confirmation

For Bookings made more than 24 hours in advance, Students have up to 24 hours before the scheduled start time of their first Lesson to confirm the Booking. For Bookings made within 24 hours, Students have up to 2 hours to confirm. By confirming the first Lesson, the Student must provide valid payment details on the Booking Form. By confirming the first Lesson, the Student authorises the Tutor to make subsequent Bookings on their behalf and authorises the Company to collect the Lesson Fee for each Booking in accordance with this Agreement. All subsequent Bookings made by the Tutor on behalf of the Student will be automatically confirmed. It is the Student's responsibility to ensure a valid payment method with sufficient funds is on file for all confirmed Bookings.

5.5 Responsibility for Bookings and Equipment

Students are responsible for verifying the accuracy of all Bookings made by the Tutor on their behalf. Students acknowledge that they will be notified of these Lessons solely via email and recorded on the Online Classroom Dashboard. Students must ensure they have the necessary equipment to access the Online Classroom before a Lesson. No refunds will be issued for a Student's inability to access the platform, unless such failure is a direct result of the Company's failure to provide the services specified in Clause 3 (Rights and Responsibilities of the Company) of these terms and conditions.

For the Company's policy on student lateness, please refer to Clause 10 (Cancellations, Refunds, and Disputes).

5.6 Termination of Services and Cancellations

Any User who, in the Company's reasonable opinion, commits a material breach of this Agreement may have their access to the Service immediately suspended. A material breach includes, but is not limited to, fraudulent activity, misuse of the service for unlawful purposes, or harassment of a Tutor. In such an event, the Company reserves the right to cancel any existing Bookings without liability. Students may cancel any Booking without charge by providing more than 24 hours' notice.

5.7 General Provisions

Nothing in this Agreement affects a Student's statutory rights. A Student is not obligated to make any Bookings simply by agreeing to this Agreement. Subject to payment for any services rendered, a Student may terminate their use of the Service at any time. Students agree not to use any means to record Lessons and will not store or share them. Any issues, correspondence, or queries must be submitted by email using the email address, info@beccatuition.com. A response will be provided within 96 hours, unless otherwise stated in these terms and conditions.

6 Responsibilities of the Tutor

Tutors are engaged by the Company to deliver services, and their actions are the responsibility of the Company. A Tutor's failure to comply with these professional standards may lead to the immediate termination of their contract with the Company.

6.1 Tutor Eligibility and Conduct

Tutors must be at least 18 years old and legally entitled to work in the United Kingdom, possessing the relevant immigration status. The Tutor must disclose any criminal convictions or cautions to the Company, including those received after commencing their engagement with the Company. All Tutors must provide a background check awarded within the last three years, which must be an enhanced check from either the Disclosure and Barring Service, Disclosure Scotland or Access Northern Ireland.

6.2 Booking and Lesson Responsibility

A Tutor must only make Bookings for Lessons as instructed by the Student. All written communication regarding Bookings and Lesson arrangements must be conducted via the Booking Form or if necessary, via email.

6.3 Punctuality and Communication

A Tutor shall ensure they are ready to teach at the agreed-upon time. If a Tutor expects to be late, they shall provide the Student with advance notice and a valid reason for lateness, unless Extenuating Circumstances, as defined in Clause 2 (Definitions), prevent them from doing so. If a Tutor is more than 2 minutes late, they shall contact the Student immediately and provide documented evidence of the contact to the Company. Tutors must also wait at least 15 minutes from the scheduled start time for the Student to attend a Lesson.

6.4 Equipment and Service Failures

A Tutor must ensure they have the correct equipment to access the Online Classroom before a Lesson.

6.5 Prohibited Actions

A Tutor must not complete, or intend to complete, coursework or assignments on behalf of Students.

6.6 Indemnification and Recordings

The Tutor must indemnify the Company against any claims and liabilities arising from the Tutor's use of the Service, including any associated costs and expenses. Tutors acknowledge that Lessons may be recorded, stored by the Company, and shared with Students.

7 Child Protection

The Company is committed to promoting and ensuring the safety and well-being of all children utilising the Service. The Company's objective is to provide a secure environment in which children can learn.

Any User who is a parent or legal guardian of a minor under the age of 18 receiving tuition from a Tutor should not leave the minor in the sole care or supervision of that Tutor.

While the parent agrees to be present or nearby, to ensure student safety, the Company will request an emergency contact number via the secure Booking Form. This contact will only be used if the Company is unable to reach the primary contact during a consultation or lesson, and there is a concern for the student's well-being.

All Tutors must comply with the Company's Safeguarding Policy and all relevant UK legislation and governmental guidance.

Users who have a child protection concern are obligated to report it to the Company immediately.

The Company's designated Child Protection Officer is Rebecca Clements.

8 Lesson Recordings and Consent

8.1 Purpose and consent

All Lessons conducted through the Service may be recorded for the purposes of quality assurance, safeguarding, and professional development. By accepting this Agreement, the Student and their parent or legal guardian (where the Student is a minor) hereby provide explicit and irrevocable consent to the audio and video recording of all Lessons.

8.2 Ownership and Storage

All recordings are the sole property of the Company. Lesson recordings are stored by LessonSpace in their cloud storage. Recordings will be stored in a secure format for a period of up to 90 days, after which they will be permanently deleted unless a longer retention period is required for the investigation of a safeguarding concern or legal matter. In the event of a Subject Access Request (SAR), a copy of the relevant recording may be downloaded, encrypted, and stored with our SAR record to fulfil our legal obligation to provide the data.

8.3 Use of Recordings

Recordings will not be shared with any third-party, except as required by law (for example, in response to a request from law enforcement or a governmental authority in the event of a suspected criminal offence).

8.4 Prohibited Actions

Students and their parents or legal guardians shall not record, store, or share any Lesson recordings, whether in whole or in part, by any means. A breach of this provision may result in immediate termination of the Service.

9 Payment and Rescheduling

9.1 Payment Terms

Following the Initial Free Consultation, payment for each Lesson is due upon receipt of the invoice sent via email. For a Lesson booked more than 24 hours in advance, payment must be received at least 24 hours before the scheduled start time. For a Lesson booked within 24 hours of the scheduled start time, payment must be received at least 2 hours before the start time.

If the Lesson Fee is not received by the specified deadline, the Lesson will be automatically cancelled, and the Company will have no obligation to provide the Lesson.

9.2 Lesson Fees

Upon a lesson time being mutually agreed upon, the Company will send an invoice to the bill payer's name containing payment and booking details. The Lesson Fee is payable upon receipt of the invoice. The Company accepts direct bank transfers, with account details provided on the invoice. For the User's convenience, the invoice will also provide a link to a third-party payment processor, which the User may choose to use.

The Lesson Fee will be collected by the Company through direct bank transfer or one of its third-party payment processors, which include Stripe, PayPal, and GoCardless. This can be either a one-off payment or a recurring payment. All fees include any applicable VAT or other sales tax. Upon payment, a sales receipt with booking confirmation will be sent directly by the Company to the bill payer's email address.

The Company will send a Lesson communication email at least 24 hours before the scheduled Lesson time if booked more than 24 hours in advance, containing the scheduled Lesson time and a link to the Online Classroom. The Company will send the lesson communication email as soon as possible for Lessons booked within 24 hours of the start time.

For Lessons booked more than 24 hours in advance, payment must be received at least 24 hours before the scheduled start time. For Lessons booked within 24 hours of the scheduled start time, payment must be received at least 2 hours before the start time. If payment is not received by the specified deadline, the Booking will be automatically cancelled, and the Company will have no obligation to provide the Lesson.

The Company reserves the right to increase its prices at any time. The Company will provide at least 30 days' notice before any price increase takes effect. The User has the option to cancel any upcoming Booking without penalty before the new price is applied.

In the event that a Student submits a Complaint, payment processing may proceed as scheduled, and any appropriate refund will be issued to the Student in accordance with this Agreement.

A Student will be charged the full Lesson Fee if the Tutor attended the Online Classroom for at least 15 minutes from the Lesson's scheduled start time and the Lesson had not been cancelled as per Clause 10 (Cancellations, Refunds, and Disputes). No charge will apply if a Tutor fails to attend for at least the first 15 minutes, with the exception of circumstances outlined in Clause 10 (Cancellations, Refunds, and Disputes).

The Student shall also be charged the full Lesson Fee if the Lesson does not proceed due to the Student's non-attendance.

9.3 Payment Processing

Payment processing services are provided through various methods, including all major credit and debit cards, and online payment methods provided by the third-party payment processors: Stripe, PayPal and GoCardless. All payment cards are subject to validation and authorisation by the card issuer. The Company shall not be held liable for any delay in confirming or non-delivery of a Lesson due to a failure to receive the required payment authorisation. The Student will be charged a card payment processing fee in addition to the Lesson Fee. The payment processing services are subject to the respective terms of service of the third-party providers. By using the Service, the User agrees to be bound by the terms of service of the third-party payment processors, including but not limited to the Stripe Services Agreement - UK, the PayPal User Agreement, and the GoCardless Connected Merchant Agreement.

9.4 Direct Debit Payments

For payments made via direct debit, the User authorises the Company to set up a direct debit instruction for the purpose of collecting payments on a one-off or recurring basis. The User understands that direct debit payments are subject to the Direct Debit Guarantee, and the User may be able to cancel the direct debit mandate through their bank. The User agrees to provide sufficient funds in their bank account for all scheduled payments.

9.5 Rescheduling Lessons

Changes to a scheduled lesson can be requested via email either before or after payment has been made. If a rescheduling request is made before payment, a new invoice will be sent to the User. If a request is made after payment, the funds will be held by the Company and applied to the rescheduled lesson. The Company reserves the right to review the continuation of service with any User who repeatedly attempts to reschedule before making payment.

10 Cancellations, Refunds, and Disputes

This clause outlines the Company's policies regarding cancellations, refunds, and disputes. All refunds are subject to these terms,

which distinguish between refunds for a faulty service and those for a student-initiated cancellation (change of mind). These terms do not affect a student's statutory rights under the UK Consumer Rights Act 2015.

10.1 Student Cancellations (Change of Mind)

A Student may cancel a Booking at any point prior to the scheduled start time via the email. The Company will send a confirmation email to the Student to acknowledge the cancellation.

For cancellations made with more than 24 hours' notice, the Company will process a full refund of the Lesson Fee. The Company reserves the right to review a Student's booking history for excessive cancellations. In the event of persistent cancellations, the Company may, at its discretion, offer the Student an alternative payment arrangement via a direct invoice to mitigate administrative costs.

For cancellations made with less than 24 hours' notice, the Company is not obligated to accept the cancellation and will not issue a refund of the Lesson Fee, unless, in the Company's reasonable opinion, Extenuating Circumstances, as defined in Clause 2 (Definitions), apply. In such cases, the Company may issue a refund of either 50% or 100% of the Lesson Fee. The Company will use reasonable endeavors to process such refunds within 48 hours of the cancelled Lesson's end time.

Bookings cannot be cancelled after the Lesson has commenced. Lessons that are not cancelled by the Student but are not attended by the Student will be charged at the full price. A full refund may be issued, at the sole discretion of the Company, in the event of Extenuating Circumstances surrounding such non-attendance are proven to the Company's satisfaction.

Lessons where the Student is late:

If a Student is late for a Lesson, the Tutor is not obligated to extend the Lesson beyond the originally scheduled end time. The Lesson will proceed for the remaining duration. Neither a partial nor a full refund, will be issued for a Student's lateness. The Lesson Fee will be charged at the full price.

10.2 Tutor Cancellations and Lateness (Faulty Service)

The Tutor may cancel a Booking at their discretion at any time prior to the scheduled Lesson by providing written notice to the Student via email. In the event of such a cancellation, the Student will not be charged the Lesson Fee. If the fee has already been paid, a full refund will be issued to the Student.

If the Tutor is more than two minutes late, they shall contact the Student immediately to agree on an alternative arrangement. Should the Lesson proceed and finish at the originally agreed time, the Student is entitled to a 50% refund of the Lesson Fee.

If the Tutor is more than five minutes late or fails to attend the Lesson entirely, the Student is entitled to a full refund.

10.3 Complaints (Faulty Service)

Should a Complaint be upheld due to a breach of the Company's obligations under this Agreement, the Student will be entitled to a full refund of the Lesson Fee, with no deductions. Alternatively, and at the Student's option, the Company may arrange for the Lesson to be re-performed at no additional cost. The Company will communicate its decision on the Complaint and the available remedies via email within 96 hours of being notified.

10.4 Goodwill Payments

The Company may, at its sole and absolute discretion, offer a goodwill refund of the Lesson Fee to a User who expresses dissatisfaction with a lesson, even where no breach of the Company's obligations under this Agreement has occurred. This goodwill payment is a discretionary gesture and does not affect the User's statutory rights under the Consumer Rights Act 2015.

To be considered for a goodwill refund, the Student must submit a formal notification of dissatisfaction via email within 48 hours of the Lesson's scheduled finish time, providing explicit reasons for their dissatisfaction. The Company will review the claim and, at its discretion, determine the User's eligibility and the amount of any goodwill payment.

The Company retains the right to make the final determination as to whether a claim of dissatisfaction is valid. Any goodwill payment is conditional upon the Company having received full payment for the original booking. The goodwill refund is limited to one claim per Student. The Company reserves the right to withhold any goodwill payment if the Student has failed to comply with any of this Agreement.

10.4 General Refund Policy and Limitations

All refunds must be processed in accordance with the policies of the third-party payment processors, and will be returned to the original payment method where possible. Due to the processor limitations, refunds may not be available after 90 days from the original transaction date. Any refund requested after this period will be issued via alternative methods at the Company's discretion. This clause does not affect a Student's statutory right to a refund for a faulty service. The Company will use reasonable endeavours to process all refunds within 48 hours of the Company authorising the refund; however, it may take an additional 5-10 business days for the refund to be reflected in the Student's account, depending on their bank and the policies of the third-party payment processor.

10.5 Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter informally by contacting the other party. If the dispute cannot be resolved through informal communication within 30 days, the parties agree to enter into mediation with a mutually agreed-upon mediator before pursuing any legal action in court.

10.6 Right to Cancel (14-Day Cooling-Off Period)

As a consumer, the user has a statutory right to cancel this Agreement within 14 days without giving any reason. The cancellation period will expire after 14 days from the day the user enters into this Agreement by submitting a Booking Form for a paid lesson.

To exercise this right, the user must inform us of their decision to cancel by a clear statement sent via email to info@beccatuition.com. To meet the cancellation deadline, it is sufficient for the user to send their communication concerning their exercise of the right to cancel before the cancellation period has expired.

Effects of Cancellation:

If the user cancels this Agreement within the 14-day period, we will reimburse the user all payments received from them without undue delay and not later than 14 days after the day on which we are informed about the user's decision to cancel. We will make the reimbursement using the same means of payment as the user used for the initial transaction, unless the user has expressly agreed otherwise.

Please note that if the user requested to begin the performance of services (including, but not limited to, lessons or any additional services or materials provided) during the cancellation period, the user will be required to pay an amount that is in proportion to the services performed until the user has communicated their cancellation.

11 Disclaimer and Limitation of Liability

Nothing in this Agreement shall operate to limit or exclude the Company's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any matter for which it would be unlawful to limit or exclude its liability.

The User shall provide the Company with a reasonable opportunity to remedy any matter for which the Company may be held liable before the User incurs costs to remedy the matter themselves.

The Company shall not be liable for any loss or damage where:

i. There is no breach of a legal duty of care owed by the Company or by its employees or agents.

ii. Such loss or damage was not reasonably foreseeable by both parties.

iii. Such loss or damage is caused by the User's actions or omissions, including a breach of these terms.

To the extent permitted by law, the User shall be liable for any reasonably foreseeable loss or damage the Company suffers as a result of the User's breach of these terms or misuse of the Service, subject to the Company's obligation to mitigate its losses.

12 Provisions for Non-Consumers

The following provisions apply only to Users who are not consumers, as defined by the Consumer Rights Acts 2015:

The User and the Company agree to exclude all terms and warranties, whether statutory or otherwise, that are not expressly in this Agreement. Any reference to the Company in this clause includes its employees and agents.

The Company's total liability, including for its own negligence, for any single event or series of related events, is limited to the greater of £100 or the total Service Fees paid by the User in the 12 months preceding the event.

In no event shall the Company be liable for:

i. Economic losses, including loss of revenues, profits, contracts, or anticipated savings.

ii. Loss of goodwill or reputation;

iii. Special, indirect or consequential losses.

iv. Damage to or loss of data.

The User shall indemnify the Company against all claims and liabilities directly or indirectly related to the User's use of the Service or breach of this Agreement.

This Agreement, including all policies referenced herein, constitutes the entire agreement between the User and the Company regarding the use of the Service and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service. The parties acknowledge that they have not relied on any pre-contractual statements and all liability for misrepresentation (other than fraudulent misrepresentation) is excluded.

13 "AS IS" and "AS AVAILABLE" Disclaimer

While The Company strives to provide a continuous service, the Company cannot guarantee that the Service will be uninterrupted or error-free. The Service is provided 'as is' and 'as available' with all faults and without warranty of any kind. The Service is provided "as available" with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, the Company disclaims all warranties, whether express, implied, or statutory, with respect to the Service. This includes all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

The Company makes no warranty or representation that the Service will meet the User's requirements, achieve any intended results, operate without interruption, or be error-free. The Company provides no warranty regarding the availability, accuracy, or reliability of the Service, nor does it guarantee that the Service or any related communication is free of viruses or other harmful components.

The Company provides supplementary resources on the Website for informational purposes. The Company makes no warranty or representation that such resources are accurate, complete, or current. These resources are provided "as is" and should be used at the Student's discretion. The Company disclaims all liability for any loss or damage arising from a Student's use of or reliance on these resources.

Some jurisdictions may not permit the exclusion of certain warranties, in which case the limitations set forth in this section shall be applied to the maximum extent enforceable under applicable law.

14 Intellectual Property

The Service and its original content, features, and functionality remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other applicable laws of the jurisdiction. The Company's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

14.1 Tutor-Created Materials

The Company retains all rights, title, and interest in and to all materials, resources, and content created by our Tutors for use in the Lessons. Students may use these materials for their personal educational purposes only and are prohibited from distributing, selling, or otherwise using them for commercial purposes.

14.2 User Feedback

The User hereby assigns to the Company all rights, title, and interest in and to any feedback, suggestions, or ideas ("Feedback") provided to the Company. Should, for any reason, such assignment be deemed ineffective, the User grants the Company an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, reproduce, disclose, distribute, modify, and create derivative works from such Feedback without restriction. The Company shall be under no obligation of confidentiality or compensation for any such use.

15 Governing Law

This Agreement and the User's use of the Service shall be governed by the laws of the UK, excluding its conflicts of law rules. The User's use of the Website may also be subject to other local, national, or international laws.

16 Links to Third-Party Websites

The Service may contain links to websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third-party websites or services.

The User further acknowledges and agrees that the Company 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 any such content, goods, or services available on or through any such third-party websites or services.

The Company strongly advises the User to review the terms and conditions and privacy policies of any third-party websites or services they visit.

17 Severability and Waiver

17.1 Severability

If any provision of these Terms is deemed by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from this Agreement, and the remaining provisions of these Terms shall continue in full force and effect.

17.2 Waiver

The failure of a party to exercise a right or to enforce a provision under these Terms shall not operate as a waiver of that right or provision. Furthermore, any waiver of a breach of this Agreement shall not constitute a waiver of any subsequent breach. No waiver shall be effective unless it is in writing and signed by the waiving party.

18 Changes to These Terms and Conditions

The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. Should a revision constitute a material change to this Agreement, the Company shall make reasonable endeavours to provide at least 30 days' notice prior to the new terms taking effect. The determination of what constitutes a material change shall be made at the Company's sole discretion. The User's continued use of the Service following the effective date of any revised terms shall constitute their express agreement to be bound by said terms. If the User does not agree to the revised terms, in whole or in part, their sole recourse is to cease all use of the Website and the Service.

19 Contact Information

Should a User have any questions regarding this Agreement, all inquiries may be made via email to info@beccatuition.com.

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