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Crystal Clear English Classes for Unaccompanied Children

Terms & Conditions

 

At Crystal Clear English we want to ensure that your child experiences a wonderful time in class.  To this end, we kindly request that you embrace and comply with these terms and conditions at all times as these are the terms on which we supply our services.

Please read these terms carefully before you submit your Booking Form to us. 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. If you think that there is a mistake in these terms, please contact us.

 

  1. These Terms and Conditions
    • By submitting a Booking Form to Crystal Clear English, you are signifying your agreement to and acceptance of our Terms and Conditions.
    • The Terms and Conditions may be amended or updated by Crystal Clear English from time to time and you will be notified if there have been any changes. All references to the Terms and Conditions refer to these Terms and Conditions as amended and updated from time to time.
    • The Parent acknowledges and accepts that it is contracting with Crystal Clear English.
    • You can contact us by telephoning 07709487873 or by emailing charlotte@crystalclearenglishtuition.com
    • If we have to contact you, we will do so by telephone, text message or by writing to you at the email address or postal address you provide to us in your Booking Form.

 

  1. Definitions
    • “Agreement” means these Terms and Conditions and the Booking Form.
    • Crystal Clear English is with whom the Parent has entered into this Agreement.
    • “Booking Form” means the form relating to the booking of the Class(es) and which incorporates these Terms and Conditions.
    • “Carer” means the person/persons authorised by the Parent to drop off and collect the Child under these Terms and Conditions.
    • “Child” / “Children” means the child or children who attend the Class(es) whose details are specified by the Parent on the Booking Form and any other child otherwise permitted by Crystal Clear English to attend the Class(es).
    • “Class(es)” means a class / classes taught by Crystal Clear English at the Premises.
    • “Fee” means the amount payable for the Class(es) as detailed in the Booking Form.
    • “Force Majeure Event” includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: civil commission, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or impossibility   of    the   use   of    public      or    private telecommunications networks. Crystal Clear English’ obligations under these Terms are suspended for the period that the Force Majeure Event continues. Crystal Clear English will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms can be performed despite the Force Majeure Event.
    • “Parent” means a parent or legal guardian who will be responsible for the payment of fees, and who is the contracting party to this Agreement.
    • “Premises” means the premises at which Crystal Clear English provides the Class(es).
    • “Term ” denotes the periods throughout the year during which we run regular Classes.
    • “We” / “we” means Crystal Clear English (as defined above)
    • “You” / “you” means the Parent (as defined above)

 

  1. Booking, Payment and Cancellation
    • Classes must be booked using the online Booking Form and the Fee must be paid in advance of the Term or the Class.
    • Payment of the Fee shall be due to Crystal Clear English within 7 (seven) days from the date the Booking Form is submitted by the Parent. If payment is not received within 7 days from the date the Booking Form is submitted, a Child’s place is not confirmed or guaranteed.
    • Only when the Booking Form and payment of the Fee is received will your Child’s place in the Class be confirmed.
    • If we are unable to accept your booking and the Fee has been paid, we will inform you of this in writing and refund you the Fee paid in full.
    • The Fee is non-refundable under any circumstances except with the prior written agreement of Crystal Clear English.
    • No portion of the Fee will be refunded once the class/workshop has begun.

 

  • Without prejudice to clause 3.7 and notwithstanding that Crystal Clear English is unable to offer concessions for missed classes due to sickness or holidays, in certain circumstances and solely at the discretion of Crystal Clear English, the following options may be available:

 

  • The Child’s place at the specific Class may be offered to the child of a friend or acquaintance provided adequate notice is given and the friend or acquaintance completes a Booking Form and expressly agrees to these Terms and Conditions; and / or

 

  • Subject to availability, upon adequate notice and without any guarantee, Crystal Clear English may be able to fit the Child into another Class that week.
  • Missed Class(es) cannot be carried over to the next Term.
  • Crystal Clear English may cancel this Agreement at any time and for any reason whatsoever. If the Agreement is cancelled by Crystal Clear English, the unused portion of the Fee will be refunded to the Parent.
  • Crystal Clear English will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is caused by events outside its reasonable control (Force Majeure Event).
  • If for any reason the usual Crystal Clear English teacher is unable to run a Class, then Crystal Clear English will do its best to provide another Crystal Clear English If this is not possible, Crystal Clear English will, at its sole option, either (i) reschedule the Class by adding another Class during the half term or end of term break, or (ii) will refund the Fee for that Class.

 

  • The Parent acknowledges and agrees that Crystal Clear English reserves the right to replace any teacher of a Class without notice to the Parent at any time prior to that Class and without any liability arising from such a change.

 

 

 

 

 

  1. Crystal Clear English Classes/workshops
    • Unless prevented from doing so by circumstances out of its control (Force Majeure Event), Crystal Clear English will provide Classes which:

 

  • conform in all material respect to their description;

 

  • are carried out with reasonable skill and care;

 

  • be fit for the purpose that Crystal Clear English determine it is fit for, or the purpose for which the Parent sends the Child to the Classes in mind of their description; and

 

  • comply with all applicable statutory and regulatory requirements for supplying the Classes in the United Kingdom.

 

  • These Terms and Conditions apply to any replacement Classes (including online) that Crystal Clear English supply to the Parent in the unlikely event that the original Classes do not conform with these Terms and Conditions.

 

  • Crystal Clear English only supplies the Classes for domestic and private use, and the Parent agrees not to use the Classes or information received from the Classes for any commercial purpose.

 

  1. Attending Classes – Code of Conduct

In order to create a relaxed and comfortable environment for all attendees, we ask that Parents agree that their child(ren) will comply with the code of conduct below:

 

  • Children will be asked to listen to and comply with the Crystal Clear English teacher’s instructions as regards to their conduct and behavior during the Class. Parents / Carers are asked to encourage their Child to listen to and comply with the Crystal Clear English teacher’s instructions.

 

  • Children are welcome to bring (food) snacks and drink with them along to the Class however, (food) snacks are only to be consumed during the snack periods specified and supervised by the Crystal Clear English

 

 

  • If the Crystal Clear English teacher of a Class determines that the Child is disruptive in the Class, the teacher on behalf of Crystal Clear English, shall be entitled to exclude the Child from future Classes and terminate this Agreement in accordance with clause 3.10. The Parent agrees that the determination of whether a Child is disruptive will be determined by the Crystal Clear English teacher and the Parent agrees and accepts that the decision of the Crystal Clear English teacher is final.

 

  1. Parent / Carer Responsibilities
    • The Parent warrants and represents that:

 

  • the information set out in the Booking Form whether completed and or accepted / signed by the Parent is accurate in all respects and the Parent will notify Crystal Clear English of any change in such information immediately; and

 

  • when attending a Class, the Child is not known to be suffering from any illness, infectious disease (including Covid-19) or anything similar thereto.

 

  • The Parent is responsible for ensuring that the Carer complies with these Terms and Conditions at all times.

 

  • The Parent acknowledges and agrees that:

 

  • he or she is solely responsible for the health, safety, welfare and care of the Child when with the Child;

 

  • Where a Class runs at the end of the school day, the Parent / Carer will pick up / collect the Child from the Class at the precise time the Class finishes and from the designated area of the Premises as specified by Crystal Clear English in advance of the Class

 

  • when on the Premises, the Parent / Carer will comply with all health and safety rules and procedures in place at the Premises where the Class is held.

 

  • The Parent shall indemnify and keep indemnified Crystal Clear English against all loss, liability, costs and expenses which Crystal Clear English shall incur directly or indirectly as a consequence of any action or inaction of the Parent or the Carer and any breach of these Terms and Conditions.

 

  1. Exclusion of Liability
    • Subject to clause 7.2, if Crystal Clear English does not comply with these Terms and Conditions it shall not be responsible for any loss that the Parent, Carer or Child suffers as a result, except for those losses which it could reasonably foresee would result from the failure to comply with these Terms and Conditions.

 

  • Crystal Clear English shall not be responsible to the Parent for losses that result from its failure to comply with these Terms and Conditions including, but not limited to, losses that fall into the following categories:

 

  • loss of income or revenue;
  • loss of business;
  • loss of anticipated savings; or
  • loss of data.

 

However, this clause 7.2 shall not prevent claims for foreseeable loss of, or

damage to, the Parent’s physical property.

 

  • Clause 7 does not exclude or limit in any way Crystal Clear English’ liability for:

 

  • death or personal injury caused by our negligence; or

 

  • fraud or fraudulent misrepresentation; or

 

  • any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or

 

  • any other matter for which it would be illegal or unlawful for Crystal Clear English to exclude or attempt to exclude its liability.

 

  • The Parent agrees that any claim against Crystal Clear English or any teacher, practitioner, employee or agent of Crystal Clear English must be brought within 60 days of the event that gave rise to such claim. The Parent agrees any claim made thereafter should be discussed.

 

  • The Parent acknowledges, warrants and undertakes that the maximum aggregate liability of Crystal Clear English under these Terms and Conditions shall not exceed the Fee paid.

 

  • All warranties and conditions whether implied by statute or otherwise are so far as is permitted excluded from these Terms and Conditions.

 

  1. Personal Information and Fair Processing Notice or Audio or Visual Records and Photographs

 

  • Crystal Clear English will use the personal information provide to it by the Parents to:

 

  • provide the services
  • process payments
  • inform the Parent of similar products and services Crystal Clear English provides, but you may stop receiving these communications at any time by contacting us.

 

  • Crystal Clear English will not take any audio or visual recordings and photographs of your Child without your knowledge. If we request to take audio, visual recording or take photographs during a class then permission will be requested in writing). This will only be used:

 

  • to be displayed on the Crystal Clear English website;
  • to be displayed on Crystal Clear English administered social media platforms;
  • to appear in Crystal Clear English publications (including, but not limited to, prospectuses, marketing materials and annual reports)
  • general publicity purposes

 

  • If you have any concerns about or wish to generally opt out to audio or visual recordings and photographs being taken of your Child generally or in relation to any particular Crystal Clear English occasion, activity or event, please contact Charlotte at charlotte@crystalclearenglishtuition.com

 

  • If you would like us to remove any specific audio or visual recording or photograph of your Child from an existing Crystal Clear English publication, website or display, please contact Charlotte at charlotte@crystalclearenglishtuition.com

 

  1. General
    • Each of the paragraphs of these Terms and Conditions 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.

 

  • The failure by either party to enforce any obligation under these Terms and Conditions at any time or for any period shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms and Conditions.

 

  • These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is no contained herein shall be binding or form part of these Terms and Conditions.

 

  • We may transfer our rights and obligations under the Agreement to another organisation. We will contact you to let you know if we plan to do this.

 

  • You may only transfer your rights or your obligations under the Agreement to another person with our written consent.

 

  • No term of the Terms and Conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

 

  • This Agreement shall be governed by English/Scottish law and each party irrevocably submits to the exclusive jurisdiction of the English/Scottish courts.