Terms of Service

1. THESE TERMS

1.1. What these terms cover.
These are the terms and conditions on which we supply digital products to you when you become a member on our platform (aitutor.co.uk). Our membership subscriptions will provide you with access to our digital library of services, relevant materials and downloadable documents in digital form.

1.2. Why you should read them.
Please read these terms carefully before you become a member. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are.
We are an education website for Mathematics. Our subscription/membership based service allows A-level students and schools to subscribe to our online platform. We are registered in England and Wales. Our company registration number is 10648428 and our registered office is at Kemp House 152-160 City Road, London, EC1V 2NX.

2.2 How to contact us.
You can contact us by writing to us at support@aitutor.co.uk.

2.3 How we may contact you.
If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order.

2.4 ”Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your request to become a member of our platform.
Our acceptance of your request to become a member will take place when we email you to accept your subscription, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your request.
If we are unable to accept your request, we will inform you of this in writing and if you have subscribed to the premium version, we will not charge you the membership fee. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the membership service, we discovered that a digital product is faulty or there is a bug or defect that makes the digital product unusable.

3.3 Your membership number.
We will assign an order number to your membership subscription and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We sell memberships from both the UK and outside the UK.
We accept membership requests from both inside and outside the UK. All fees are payable in GBP.

3.5 Termination.
If you wish to terminate your membership with us at any time and for any reason, you may do so with 30 days written notice. We reserve the right to terminate your membership for any reason, without notice and with immediate effect. Where you are in breach of any of these terms, we may terminate without refunding you any amounts paid. Where we terminate your membership and you are not at fault, we will refund you a pro rata amount of any fees paid, where applicable.

4. OUR MEMBERSHIP AND SERVICE

4.1 Student Membership Subscription.
We offer a free membership and a choice of three paid memberships (monthly, yearly and biyearly). The monthly membership is payable as a reoccurring monthly fee. The yearly and biyearly memberships are payable as a one time fee.

4.2 School Membership Subscription.
We offer a specific membership option for schools or other educational bodies that will enable students to use the platform through the school membership.

4.3 Fees.
Any fee payable for the memberships to our platform will be as described on our website or for School Membership Subscriptions as agreed between the parties from time to time, and all displayed amounts will be inclusive of VAT.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the membership type you have requested please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the fee, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract. If you have begun using the services or downloading the digital products before you request a change, unfortunately we will be unable to accept any such requests.

6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to our membership service.
We may change our services or digital products:

a) to reflect changes in relevant laws and regulatory requirements; and

b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

6.2 More significant changes to the services and these terms.
In addition, as we informed you in the description of the membership subscription on our website, we may make changes to these terms or the membership, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

6.3 Updates to digital content.
We may update or require you to update digital content, provided that the digital content shall always match the description that we provided to you before you bought it.

7. PROVIDING THE SERVICE

7.1 When we will provide the service.
During the order process for your membership we will let you know when your access to the platform and digital products shall become available to you.

7.2 We are not responsible for delays outside of our control.
If access to the platform or our supply of digital products is delayed by an event outside of 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 and receive a refund for any digital products you have paid for but not received.

7.3 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you, for example, your name and email address. If so, this will have been stated in the description of the membership option on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for enabling access to the platform late or supplying the digital products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.4 Reasons we may suspend your membership.
We may have to suspend your access to our platform or our supply of digital products to you to:

(a) deal with technical problems or make minor technical changes;

(b) update any digital products or the platform to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the product as requested by you or notified by us to you (see Clause 6).

7.5 Your rights if we suspend access to the platform or supply of digital products.
We will contact you in advance to tell you we will be suspending access to the platform or supply of digital products, unless the problem is urgent or an emergency. If we have to suspend your access or the digital product for longer than 30 days we will adjust the price so that you do not pay for your membership while it is suspended. You may contact us to end the contract for a membership if we suspend it and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.6 We may also suspend supply of the membership if you do not pay.
If you do not pay us for the products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend your membership until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your membership. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the membership during the period for which they are suspended. As well as suspending the membership we can also charge you interest on your overdue payments.

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with the service, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract. (or to get the digital product repaired or replaced or to get some or all of your money back);

(b) If you want to end the contract because of something we have done or have told you we are going to do (read together with 8.2 below)

(c) If you have just changed your mind about the product. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

(d) In all other cases (if we are not at fault and there is no right to change your mind).

8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products (including membership products) which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to;

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

(e) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 When you do not have the right to change your mind.
You do not have a right to change your mind in respect of digital products after you have started using the services or downloading the digital products. If you have accessed the platform after you become a member, you may terminate with 30 calendar days’ notice..

9. HOW TO END YOUR MEMBERSHIP (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1 Tell us you want to end your membership.
To end the contract with us, please let us know by emailing us at support@aitutor.co.uk. Please provide your name, email address and details of the order. Alternatively, you can downgrade your membership quickly and easily on the platform.

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.

10.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the membership or digital product.
We may write to you to let you know that we are going to stop providing the membership or digital product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11. IF THERE IS A PROBLEM WITH YOUR MEMBERSHIP, A DIGITAL PRODUCT OR THE PLATFORM

11.1 How to tell us about problems.
If you have any questions or complaints, please contact us. You can write to us at support@aitutor.co.uk.

12. PRICE AND PAYMENT

12.1 Where to find the price.
The price of the membership (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the membership options we sell may be incorrectly priced. We will normally check prices before accepting your membership request so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

12.4 When you must pay and how you must pay.
We accept payment through our website when you subscribe or through other payment methods if agreed between the parties (for example, for School Membership Subscriptions we may accept bank transfer).

12.5 We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount under the Late Payment of Commercial Debts (Interest) Act 1998. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.6 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, 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 sales process.

13.2 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.

13.3 Defects.
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. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

13.4 We are not liable for business losses.
We only supply the products for private use. If you use the products for any commercial 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.

13.5 We do not provide regulated advice.
The information contained in our digital content is general and not specific to any one company, industry, business or individual. Any decisions you make on the basis of the content we provide you with shall be your sole responsibility. You understand that we are not Chartered Accountants, Solicitors, Financial Advisors or Tax Advisors and that our content and resources are provided to you in our capacity as business consultants. We are not regulated by the Financial Conduct Authority, the Prudential Regulation Authority, the Financial Reporting Council, the Solicitors Regulation Authority or any other professional body or authority.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 How we will use your personal information.
We will use the personal information you provide to us:

(a) to supply the products to you;

(b) to process your payment for the products; and

(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

14.2
We will only give your personal information to third parties where the law either requires or allows us to do so. For more information on the type of information we collect, why we need it and how we look after it, please read our Privacy Policy.

15. OUR GRADE GUARANTEE

15.1
For students who upgrade to a premium package and achieve a competence level over:

(a) 90% for AS or A2 Mathematics we guarantee that the student will obtain a mark deemed by the relevant Examination Body as an A* or A grade in the exam the AITutor platform has prepared them for, or we will refund all fees.

(b) 80% for GCSE Foundation Mathematics we guarantee that the student will obtain a mark deemed by the relevant Examination Body as a 4 or 5 grade in the exam the AITutor platform has prepared them for, or we will refund all fees.

(c) 80% for GCSE Higher Mathematics we guarantee that the student will obtain a mark deemed by the relevant Examination Body as a 9 or 8 grade in the exam the AITutor platform has prepared them for, or we will refund all fees.

15.2
To claim a refund the following conditions must be met to our reasonable satisfaction:

(a) The student must have achieved an equal to or higher competence in the overall module as stated in 15.1

(b) the examination which the student sits must be the exact examination provided by the specific Examination Body that AITutor claims to prepare students for;

(c) the student must notify us by email within 28 days of receiving the results, stating the intention to claim a refund and providing evidence via a photograph or copy of certificate or grade print out provided by the Examination Body.

15.3
Aside from the refund of fees paid by this clause, AITutor will not have any other liability whatsoever if the student does not for whatever reason obtain the grade mentioned in 15.1 in the relevant exam.

16 OTHER IMPORTANT TERMS

16.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. 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. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clause **16.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

16.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

16.6 Which laws apply to this contract and where you may bring legal proceedings.
Any dispute arising from any part of this contract, shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.

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