Terms and Conditions
1. Information About Us, Definitions and Interpretation
1.1. Embankment Bridge Ltd, (trading under EduBridge and hereafter referred to as EduBridge), based in London, provides online tutoring services under the domain edubridge.org.uk.
1.2. These T&Cs shall apply to all persons using our services (hereafter referred to as ‘Users’). They regulate the rights and obligations of Users of our service.
1.3. Any deviating, contradictory or supplementary T&Cs shall not form part of the business relationship between the User and EduBridge, even if they have not been expressly contradicted.
1.4. EduBridge may change the provisions of these T&Cs at any time without stating the reasons. Such changes shall be communicated with the User. If the User continues to use the services after becoming aware of the amended T&Cs, the amendments are deemed to be accepted.
1.5. In these Terms and Conditions, unless the context otherwise requires:
any reference to a clause or sub-clause is to a clause or sub-clause of these Terms and Conditions;
the headings in these Terms and Conditions are inserted for convenience only and shall not affect their construction or interpretation;
use of the singular includes the plural and vice versa;
use of any gender includes the other genders;
any reference to a 'person' includes a natural person, firm, government, state, partnership, company, corporation, association, organisation, institution, foundation, trust or agency (in each case whether or not having separate legal personality);
any reference to a statute, statutory provision or subordinate legislation ('legislation') shall (except where the context otherwise requires) be construed as referring to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation;
reference to 'writing' or 'written' includes the representation or reproduction of words, symbols or other information in visible form by electronic communication;
any reference to a party is to a party to the Agreement and shall, where relevant, be deemed to be a reference to or include, as appropriate, its lawful successor, assignee or transferee; and
any phrase introduced by the terms 'including', 'include', 'in particular' or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
‘Confidential information’ - information in any form which is of a confidential or proprietary nature disclosed by the Disclosing Party (as defined below) in any way pursuant to the provision of the Services which:
(a) is marked as confidential;
(b) is identified as confidential at the time of disclosure and is confirmed in writing as being confidential within 14 days of disclosure;
(c) is by its nature confidential; or
(d) relates to the business of the Disclosing Party or any of its customers, employees, agents, suppliers, subcontractors, officers, associates or advisers;
‘Personal data’ - any information about an identifiable individual collected by one party or disclosed by a party to the other party in connection with these Terms and Conditions.
‘Services’ - the services to be provided by EduBridge together with any other services which the Supplier provides, or agrees in writing to provide, to the User. Services include supplying tutor(s) for the required hours per week/month, handling payment of the tutor(s) for the User once they have made payment to EduBridge and finding adequate replacements for the User, if tutor(s) cannot fulfil the needed requirements.
‘Memberships’ - memberships with a defined lesson number per month, which is agreed with the User upon commencement of the lessons.
‘Lessons’ - video lessons provided via an online platform.
‘Tutor(s)’ - tutor(s) that are registered with EduBridge to complete lessons. These persons do not have to be qualified teachers.
‘Tutor contract’ - the contract concluded directly between the User and the Tutor once video lessons are agreed between User and Tutor, and facilitated by EduBridge.
‘Online platform’ - the online platform utilised by EduBridge for delivering the lessons.
2. Contracts and Membership Agreements
2.1. Users agree to undertake a set number of lessons per month, agreed upon prior to commencement of the lessons and signing up to the online platform, by the User and EduBridge.
2.2. EduBridge membership agreements are subject to the same Cancellation Policy (see point 8).
2.3. Tutor contracts are concluded between a User and a Tutor in accordance with the relevant provisions of these T&Cs.
2.4. EduBridge has merchant accounts with external payment service providers (e.g. Stripe). The User transfers the payments to the merchant account of EduBridge with the respective payment service provider. The User thereby pays in advance for the scheduled video lessons with the respective Tutor.
2.5. For the duration of the membership, the User will be charged monthly (on the respective recharge date) for the number of lessons agreed in the membership and represented in the User’s calendar on the online platform, and the corresponding sum will be debited automatically by invoice. The charge date corresponds to the calendar day on which the membership agreement was concluded and the User signed up (e.g. if a membership was concluded on 20.04.2022, the charge date is the 20th day of each month of the membership period). It is possible to pause lessons during the membership.
2.6. Failure to provide payment as agreed for the amount declared in the invoices may result in additional charges for the User.
3. Price and Payment
3.1. The prices of the different memberships vary according to the number of lessons and the period of time agreed for the consumption of the lessons. These prices can be made available upon enquiry and are inclusive of VAT.
3.2. EduBridge reserves the right to change prices at any time. Such changes only apply to lessons/memberships purchased after such a change.
3.3. Payment for video lessons is made either in advance and/or in weekly or monthly instalments via the selected payment provider.
4. Providing the Services
4.1. Users and Tutors will arrange online lessons via video meet.
4.2. EduBridge arranges tutor contracts on behalf of Tutors for Users. In addition, EduBridge
provides support in the processing of tutor contracts and is authorised to accept payments in the name and on account of Tutors.
4.3. EduBridge may also provide other services (e.g a free trial lesson to test video lessons). However, EduBridge is not obliged to make such offers available.
4.4. During registration, Tutors indicate in which subject areas (e.g. school subjects) they would like to offer video lessons. If requests for lessons in a relevant subject area are received from Users EduBridge may notify a Tutor, however, there is no obligation to do so. On the other hand, there is no obligation for the Tutor to respond to requests for video lessons.
4.5. A User has no right to be referred to a particular Tutor. The availability of Tutors is exclusively based on the times they themselves have indicated.
4.6. There is no employment or freelance service relationship between a Tutor and EduBridge. Tutors are not subject to instructions from EduBridge and act independently when holding video lessons. They are also not authorised to represent EduBridge in legal transactions.
5. Problems with the Services and Your Legal Rights
5.1. The User agrees that when using video lessons EduBridge may charge the User for each lesson booked into the online platform in advance.
5.2. The User has the possibility to create a rescheduling request up to 60 minutes before a video lesson already agreed with a Tutor. The User will then be rescheduled for a newly selected date and time free of charge. In the event of cancellation or rescheduling not in accordance with the above regulations, as well as in the event of a User’s failure to attend, EduBridge reserves the right to charge the User for the video lesson/s in the name and for the account of the Tutor.
5.3. The Tutor is held to the same rescheduling policy of 60 minutes, if this is not upheld the User is entitled to have the lesson fee returned to them in the form of a Make Up Credit for later use.
5.4. The User undertakes to notify EduBridge immediately if there is any suspicion of unauthorised use of these services. If there is suspicion of unauthorised use of services or if a User violates applicable legal regulations or these T&Cs, EduBridge reserves the right to withhold these services.
5.5 If a Tutor has not or only partially fulfilled their responsibilities, or has fulfilled it badly (e.g. non-appearance or late arrival of Tutor, lack of professional competence, inappropriate treatment of User), the User can make a justified complaint to EduBridge. EduBridge can check the quality of lessons and try to mediate between the User and Tutor. The User and Tutor agree that EduBridge will have the final say on the existence and amount of any claim for a lesson refund. If EduBridge considers the User’s complaint to be justified, the credit for the video lesson(s) shall be credited to the User and any credit already transferred to the Tutor for the lesson shall be deducted from the Tutor’s credit balance.
5.6. In case of serious violations by a Tutor or in case of non-fulfilment of the tutor contract, an attempt shall be made to find a replacement Tutor for the User at the User’s request. If a replacement Tutor is found, the tutor contract is transferred to the replacement tutor and the unused lesson shall be conducted with the replacement tutor under the previously agreed conditions (lessons agreed/time period). If no replacement tutor can be found or if the User does not wish to have a replacement tutor, they have the right to terminate the tutor contract.
6. Our Liability
6.1. EduBridge shall only be liable, regardless of the legal grounds, if damage was caused through EduBridge as a result of gross negligence or intent. EduBridge’s liability for slight negligence is excluded - except for personal injury.
6.2. EduBridge shall assume no liability for the fulfilment of contractual or other obligations of Tutors towards Users. In particular, EduBridge is not liable for the availability of Tutors or for any damage incurred by the User in connection with the performance of a tutor contract. With regard to the reimbursement of the credit used for a video lesson unit, a User must proceed in accordance with point 5.5.
6.3. EduBridge shall not be liable for the content provided by Users or Tutors in the video lessons or the content of websites to which EduBridge is linked. For illegal, incorrect or incomplete content and especially for damage resulting from the use or non-use of such information, the provider of the site to which EduBridge is linked is solely liable. The User is therefore solely responsible for critically reviewing and evaluating the content of other Users and Tutors.
6.4. The User undertakes to indemnify and hold EduBridge completely harmless if EduBridge is held liable by Tutors for claims arising from tutor contracts or by other Users, Tutors or third parties for civil or criminal, judicial or extrajudicial claims arising from the content posted by the User on the Platform. The indemnification also includes penalties, damages and all costs of legal defence.
6.5 The User undertakes to not at any time throughout the duration of their membership attempt to solicit or entice away any Tutors. However, employment of a Tutor resulting from general advertising is not prohibited.
7. Force Majuere Events
7.1. A User shall have no liability to EduBridge, and vice versa, if they are prevented from or delayed in performing their obligations under the membership or from carrying out services by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving EduBridge 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, or storm. Should the Force Majeure Event continue for longer than one month, the party adversely affected shall have the option of terminating the membership immediately without further liability other than such liabilities as have already accrued up to the effective date of termination.
8. Cancellation
8.1. The User has the right to terminate the membership agreement at any time.
8.2. In order to do so, the User must announce the cancellation of the membership by means of a clear declaration. For this purpose, the User may send an unambiguous declaration by e-mail to support@edubridge.org.uk. Complaints and feedback can also be sent here.
8.3. If the User cancels the membership, all unused payments made for the purchase of video lessons can be repaid to the User at the latest within fourteen days of the day on which the notification of revocation of the membership was received. For this repayment, the same means of payment shall be used as the one used for the original purchase.
8.5. The User is obliged to provide EduBridge with one month’s notice before the recharge date of their intent to stop the agreed membership.
9. How We Use Your Personal Information (Data Protection)
9.1. Each party is responsible for complying with any requirements and obligations that may apply to each of them respectively under applicable data protection laws and regulations relating to Personal Data made available to it.
10. Governing Law and Jurisdiction
10.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
10.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter.