Terms and Conditions

Our terms

1. These Terms

   • What these Terms cover. These are the terms and conditions (Terms) on which we supply services (being the provision of Bright Sparx Tutoring classes).

   • Why you should read them. Please read these Terms carefully before you submit your booking with us. These Terms tell you who we are, how we will provide the 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 to discuss.

   • You may only book Classes from our Website if you are at least 18 years’ old. By submitting an order through our Website you agree and confirm that you are at least 18 years’ old. If you are underage, please do not attempt to place an order for Classes or Products from our Website.

2. Information about us and how to contact us

   • Who we are. We are Bright Sparx Tutoring – a sole-trader business operating in Leicestershire. Our business address is Cox Meadow Road, Leicester Forest East, Leicestershire, LE3 3QD.

   • How to contact us. You can contact us by writing to us at info@brightsparxtutoring.com 

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

   • "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.

3. Our contract with you

   • The order process. Our Website will guide you through the steps you need to take to place an order with us. Please take the time to read and check your order at each step of the order process.

   • Order acknowledgement is not acceptance of your order. After you place an order on our Website, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.

   • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

   • Sometimes we may reject orders. This might be because the Class or Classes you have booked is/are full, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Classes. If this happens, we will inform you as soon as possible in writing and will refund any sums paid.

4. Classes (i.e. our services)

   • Terms specific to Classes. Where your order is a booking of a Class or Classes the following terms shall apply: -

     • the contract shall entitle your child or children, depending on the number of places booked, to attend the Class or Classes at the date(s), time(s) and locations(s) set out in your order;

     • we shall provide the associated services at the Classes you are entitled to attend as set out in your order;

     • once we have confirmed your order as set out in clause 3 above and a contract is in place between you and us, you must inform us at least 24hrs in advance of any cancellation and you do not have the right to receive a refund or any credit for any Classes you do not attend;

     • you shall be held accountable for your child’s behaviour at a Class and we have the right to remove your child from a Class if in the opinion of the person delivering the class (Class Teacher) your child’s behaviour is inappropriate, offensive, disruptive or otherwise affects the successful delivery of the Class; Full behaviour policy can be found here: Behaviour policy.

     • we may make to minor changes to the Classes to reflect changes in relevant laws and regulatory requirements and/or to implement minor adjustments and improvements;

     • the theme and content of the Classes shall be at our sole discretion;

     • the identity of the Class Leader shall be at our sole discretion (we cannot guarantee that a particular Class Leader will deliver the Classes subject to your order);

     • due to circumstances outside our control, we may have to cancel a Class or change the venue, date and or/time of a Class in which case we will tell you in writing as soon as possible and you shall have the right to attend another Class delivered by us or receive a refund if the Class is not rearranged or you are unable to attend a rearranged Class;

     • you shall cooperate with all reasonable instructions and directions issued by us or the Class Leader (including, without limitation, in relation to health and safety matters);

     • you must not take photographs at any Class which include any individuals under the age of 18 who are not your own children (breach of this clause will be considered as a material breach);

     • your child must not attend a Class if that child is ill, has a contagious illness or a reasonable person would consider that child to have a contagious illness; and

     • where you nominate an adult relative to drop-off or pick-up your child from a Class you shall ensure that they comply with these Terms as if they were you and you shall remain responsible for the actions and omission of any such person.

5. Our rights to end the contract with you

   • We may end the contract if you break it. We may end the contract for Classes at any time by writing to you if:

     • you do not make any payment to us when it is due;

     • you commit a material breach or a series of persistent breaches of these Terms.

   • You must compensate us if you break the contract. If we end the contract in the situations set out in these Terms we will refund any money you have paid in advance for Classes which we have not provided but we may deduct or charge you reasonable compensation for the net costs and losses we will incur as a result of your breaking the contract (including with reference to any Classes which we are unable to rebook).

6. If there is a problem with the Services (i.e. Classes)

   • How to tell us about problems. If you have any questions or complaints about the Classes or Products, please contact us using the details at clause 2.

   • Summary of your legal rights. We are under a legal duty to supply services and Products that are in conformity with this contract. We honour our legal duty to provide you with Services that are as described to you on our Website and that meet all the requirements imposed by law. In summary, the Consumer Rights Act 2015 states that services (i.e. Classes) must be provided with reasonable care and skill – for detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these Terms will affect your legal rights.

7. Price and payment

   • Where to find prices. The price of the Classes (which includes VAT if applicable) will be the price indicated on the order pages of our Website when you placed your order. We use our best efforts to ensure that the price of the Classes advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of a Class or the Product you order.

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

   • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Classes and Products we sell may be incorrectly priced. We will normally check prices before accepting your order 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

   • When you must pay and how you must pay. The payment methods we accept are detailed on our Website. For Classes, you must pay on order and our Website will guide you through this.

8. Our responsibility for loss or damage suffered by you

   • 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.

   • 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;

     • fraud or fraudulent misrepresentation;

     • breach of your legal rights;

   • We are not liable for business losses. We only provide the Classes for domestic and private use. If you use the content of any Classes for any commercial, business or other purposes we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9. Personal Data

   • How we may use your personal information. We will only use your personal information when needed and for business use. Contact information is stored securely and any information regarding children’s educational needs or progress is stored securely and only used for the education benefit of the children.

10. Other important terms​

    • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its Terms.

    • 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.

    • 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.