1. These terms
1.2 Why you should read them. Please read these terms carefully before you submit your order for our services to us. These terms tell you who we are, how we will provide our services and digital content to you and any user on whose behalf you are contracting for our services, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Definitions used in these terms. In these terms: "user" means the person who accesses our services (i) using the link which is provided by us once your order has been accepted or (ii) directly via the EasyA mobile app once an in-app purchase has been made and your order has been accepted; "tutor" means the person who provides any response to a user's request for assistance; "billing period" means each period of 30 days during which the user is entitled to access our services subject to payment of our charges for that period having been made.
2. Information about us and how to contact us
2.1 Who we are. We are EasyA Limited, a company registered in England and Wales. Our company registration number is 117894721 and our registered office is at C/O Pkf Littlejohn, 15 Westferry Circus, Canary Wharf, London, United Kingdom, E14 4HD.
2.2 How to contact us. You can contact us by telephoning our customer service team at 020 7886 8882 or by writing to us at firstname.lastname@example.org or C/O Pkf Littlejohn, 15 Westferry Circus, Canary Wharf, London, United Kingdom, E14 4HD.
2.3 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.
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 order and the period of our contract. Our acceptance of your order for our services will take place when we email you to accept it, at which point a contract will come into existence between you and us. Once we have accepted your order, your contract for our services will continue, and you will be liable to pay our charges on a continuing basis for each consecutive 30 day period following the expiry of the 3-day free trial referred to in clause 7.4, unless and until you or we cancel or terminate in accordance with the provisions set out in these terms. Please note that our 3-day free trial is only available on one occasion to a subscriber to our services. If you have previously taken advantage of our 3-day free trial we will take payment from you as soon as we accept your order and your billing period will commence immediately.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for our services. This might be 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 services. We may also refuse to accept your order if you have previously contracted with us for our services and have subsequently changed your mind and cancelled the contract for our services as referred to in clause 7.3.
3.3 Site purchases: your customer number and our "magic link". If you place an order for our services via our site, we will assign a customer number to your order and tell you what it is when we accept your order. It will help us if you can tell us the customer number whenever you contact us about your order. Once you have made payment and your order has been accepted we will send you a link (our "magic link") which you may forward to the user. The user must click on the magic link in order to download the EasyA mobile app which is required to access our services. Please see clause 4.5 below for more information about the EasyA mobile app.
3.4 In-App purchases: new subscriptions. If you place an order for our services via the EasyA mobile app which we accept in accordance with clause 3.1, you confirm that you have your parent or guardian's consent to enter into the contract and to access and use our services. You confirm that you have your parent or guardian's consent to use any credit card, debit card or other payment method in connection with the contract.
3.5 In-App purchases: renewal subscriptions. Users may purchase renewal subscriptions for our services within the EasyA App. You agree to pay all fees and applicable taxes incurred by you or anyone using an EasyA App account registered to you. Where the user's app store account is linked to your credit card, debit card or other payment method, you agree to pay all such charges incurred by the user in connection with the in-app purchase at the prices in effect when such charges are incurred. Where a user makes an in-app purchase using their own debit card or other payment method, you authorise us to take payment from the user's debit card or other payment method for the charges incurred in connection with the user's in-app purchase.
3.6 We only provide our services to the UK. Our site is solely for the promotion of our services in the UK. Unfortunately, we do not accept orders from or provide our services to customers outside the UK.
3.7 We only contract with persons aged 18 or over, or with the consent of the guardian or parent of a person aged under 18. If you are aged under 18, you confirm that you have your parent or guardian's consent to enter into the contract and that you understand that as our services involve the provision of education to you, the contract is for your benefit.
4. Our services
4.1 The limits on our support. We only provide our services to support pupils who are studying mathematics up to GCSE/iGCSE level.
4.2 Study hours and response times. During the hours of 4pm to 9pm UK time we will use our best endeavours to ensure that requests for assistance from our tutors are responded to within 60 minutes from the request being made. Outside of those hours any requests for assistance will be answered as soon as practicable but where the request is made after 9pm any response may not be received until the following day. Please note that we may bring a tutorial session to a close if it continues beyond 9.30pm.
4.3 Fair usage policy. We apply a fair usage policy to our services and you must not use our services excessively. As a guide, we regard excessive use as:
(a) tutoring sessions which last more than one hour in length. We reserve the right to terminate tutoring sessions which exceed this duration; and
(b) requesting more than 30 tutoring sessions per billing period. We reserve the right to limit your ability to request tutoring sessions if you exceed this frequency, and in extreme cases to temporarily suspend your ability to request tutoring sessions if you persistently exceed this frequency.
4.4 Use by one user only. One subscription to our services must only be used by one user. No sharing of accounts is permitted. If we suspect on reasonable grounds that a subscription is being shared we reserve the right to suspend use of that subscription. Please see clause 17.2 relating to the ability to transfer subscriptions to users in the same household.
4.5 Mobile app and signing-in. In order to access our services our EasyA mobile app will need to be installed on the user's mobile telephone. This is available from Google Play and the App Store. In order to use the EasyA mobile app the user's mobile telephone must be an iOS or Android device. We do not support mobile devices under Android SDK Version 21, Android ABI x86, or iOS 11.0. We may need to reduce support for older devices but will provide at least 30 days' notice if this is the case. The user must sign in with their Google or Facebook sign-in in order to access our services.
4.6 Keeping account details safe. If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party save that, where you are a parent or guardian who is purchasing our services to benefit any user, you may disclose the same to that user but you must ensure that they keep the information confidential.
4.7 Disabling of identification codes or passwords. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you or any user have failed to comply with any of the material provisions of these terms including failing to keep the identification codes or passwords confidential.
5. Our right to make changes
5.1 Minor changes to the services. We may change the services:
(a) to reflect changes in relevant laws and any 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 services.
5.2 More significant changes to the services or these terms including the price for the services. We may make the following changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect:
(a) we may from time to time increase the charges for our services but will give you not less than 30 days' notice of any such change, and such change will not come into effect until the billing period which commences after the expiry of such notice; or
(b) we may from time to time amend our fair usage policy but will give not less than 30 days' notice of any such change, and such change will not come into effect until the billing period which commences after the expiry of such notice.
5.3 Updates to digital content. We may update or require you to update digital content such as the EasyA mobile app, provided that the digital content shall always match the description that we provided to you before you agreed to purchase our services.
6. Providing our services
6.1 When we will provide our services. We will supply our services to you until either you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.
6.2 We are not responsible for delays outside our control. If our supply of the services or any digital content is delayed by an event outside 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 services you have paid for but not received which will be calculated on a pro rata basis.
6.3 Reasons we may suspend the supply of our services to you. We may have to suspend the supply of our services to:
(a) deal with technical problems or make minor technical changes;
(b) update the services to reflect changes in relevant laws and regulatory requirements; or
(c) update any digital content supplied to you to enable you to benefit from our services.
6.4 Your rights if we suspend the supply of our services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the provision of our services for longer than 7 days in any 30-day billing period we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for our services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract calculated on a pro rata basis.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on, whether there is anything wrong with our services, how we are performing and when you decide to end the contract:
(a) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(b) If you have just changed your mind about the services, see clause 7.3 and 7.4. You will be entitled to a refund if you cancel within the 14-day cooling-off period;
(c) In all other cases (if we are not at fault and there is no longer a right to change your mind), see clause 7.5.
7.2 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 on the expiry of the then current billing period (except as referred to in (e) below) and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.2);
(b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(e) you have a legal right to end the contract because of something we have done wrong, in which case you may end the contract immediately and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract calculated on a pro rata basis.
7.3 Exercising your right to change your mind (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("Consumer Contracts Regulations")). You have 14 days after the day we email you to confirm we accept your order to cancel the contract. If you cancel within that period we will refund the price charged to you in full.
7.4 Our 3-day free trial. We will not take payment from you until the expiry of the first 3 days of the contract. If you have not cancelled by giving us not less than 24 hours' notice within that 3 day period by giving us notice using the cancellation facility within the parent portal section of our site or, where the purchase has been made through an in-app purchase, by using the cancellation facility in the App Store or Play Store system we will take payment for the first 30 day billing period which period will commence on the expiry of the 3 day free trial period. Please note, these terms reflect the 3-day free trial offered by us to our customers, which is more generous than your legal rights under the Consumer Contracts Regulations. This free trial does not affect your legal rights in relation to any breach by us of our obligations or your rights under the Consumer Contracts Regulations. Please note that our 3-day free trial is only available on one occasion to a subscriber to our services. If you have previously taken advantage of our 3-day free-trial we will take payment from you as soon as we accept your order.
7.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract by giving to us not less than 24 hours' written notice at any time. If you give such notice the contract will continue until the end of the current billing period and you will be able to continue to benefit from the services until the end of that billing period. You will not however receive a refund for the charges paid for that billing period. Please note that if you give notice less than 24 hours before the end of a billing period you will be liable for the charges for the next 30-day billing period and the contract will come to an end on expiry of that billing period.
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 020 7886 8882 or email us at email@example.com. Please provide your name, home address, details of the customer number and, where available, your phone number and email address.
(b) Online. Complete the cancellation form on our site or for in-app purchases use the cancellation facility in the App Store or Play Store system.
(c) By post. Print off the cancellation form set out at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of your customer number and your name and address.
8.2 How we will refund you. Where we are obliged to refund you all or part of the charges paid by you we will make that refund by the method you used for payment.
8.3 When your refund will be made. We will make any refunds due to you as soon as possible and in any event within 14 days of your telling us you have changed your mind.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for our services at any time by writing to you if:
(a) we are unable for any reason to take payment from your payment card when it is due and you still do not make payment within 24 hours of us notifying you that we have not been able to take payment;
(b) you do not, within a reasonable time, provide any information that we need or take any other steps that we need you to take in order for us to supply the services;
(c) you commit a material breach of these terms; or
(d) you or any user commits any breach of the user terms set out in clause 12 below.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the services. We may write to you to let you know that we are going to stop providing our services. We will let you know at least 60 days in advance of our stopping the supply of the services and the termination of our services will coincide with the end of a billing period.
10. If there is a problem with the services
10.1 How to tell us about problems. If you have any questions or complaints about our services or any digital content supplied by us to enable you to access our services, please contact us. You can telephone our customer service team at 020 7886 8882 or write to us at firstname.lastname@example.org or C/O Pkf Littlejohn, 15 Westferry Circus, Canary Wharf, London, United Kingdom, E14 4HD.
11. Price and payment
11.1 Where to find the price for our services. The initial price of our services (which includes VAT) will be the price indicated on the order pages when you placed your order. We are entitled to increase the price for our services as referred to in clause 5.2.
11.2 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 our services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
11.3 When you must pay and how you must pay. We accept payment with Apple Pay, Google Pay, American Express, Visa, Mastercard, and Maestro or via the third-party app stores iTunes or Google Play ("Payment Method"). You must make payment in full in advance of the subscription charge for each billing period. We will invoice you in advance of each billing period for the services to be provided in that billing period. You must pay each invoice before the commencement of the relevant billing period. You authorise us to take payment from the Payment Method with which you paid for your most recent billing period unless you have already given us notice to cancel or terminate in accordance with these terms. If you are aged under 18, you confirm that you have your parent or guardian's consent to use any Payment Method in connection with the contract.
11.4 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.
12. User terms and content standards
12.1 The following content standards ("Content Standards") apply to any and all material which you or any user contributes or posts when using the services ("Contribution"), and to any interactive services associated with the services. The Content Standards must be complied with in spirit as well as to the letter. Where you have entered into the contract for the benefit of a user you are responsible for ensuring that the user complies with these Content Standards and you will be liable for any breach by the user of such standards.
12.2 A Contribution must not:
(a) be defamatory of any person;
(b) be obscene, offensive, hateful or inflammatory;
(c) promote or contain sexually explicit material;
(d) promote violence;
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) be likely to deceive any person;
(g) promote any illegal activity;
(h) be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
(i) be likely to harass, upset, embarrass, alarm or annoy any other person; or
(j) impersonate any person, or misrepresent your identity;
12.3 You must not and any user must not provide any tutor with your identity, personal contact details or photograph or seek to communicate in any way with a particular tutor after a tutorial session has ended.
12.4 You may not use our services for any commercial or business purpose. They are provided solely for the personal use of the relevant user.
12.5 You must not misuse our site or services by knowingly introducing any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site or services, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching these provisions you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, we may immediately terminate your right to use our site or our services.
12.6 You confirm that you have obtained consent from the user to our providing to you access to the parent portal element of our services which enables you to monitor and review all interactions between any tutor and any user to whom our services are provided.
12.7 If you have any concerns of any nature regarding the interactions between any tutor and any user please notify us immediately so that we may review the situation and take any action which we deem appropriate.
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. 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.
13.2 We do not exclude 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 services including the right for the services to be supplied with reasonable skill and care and for any digital content supplied by us to enable you to access our services to be of satisfactory quality.
13.3 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 subject to the limits of liability set out on clause 13.4. 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 Limits on our liability. Save for our liability in respect of death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation our total liability to you in respect of any breach of our obligations under the contract shall be limited to the higher of £100 and the total amount paid by you (and/or any relevant user) to us under the contract.
13.5 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business 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.
13.6 We do not guarantee that our services will be secure or free from bugs or viruses. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet unless due to our failure to exercise reasonable care and skill, and you acknowledge that our services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
14. Responsibility for third party resources
Where our services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked sites or resources or any information you may obtain from them. We have no control over the content of those sites or resources.
15. Linking to our site
15.1 You may link to our homepage provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
15.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
15.3 You must not establish a link to our site in any website that is not owned by you.
15.4 We reserve the right to withdraw linking permission without notice.
16. How we may use your personal information and that of any user.
17. Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. 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 which will be calculated on a pro rata basis.
17.2 You may transfer the subscription to our services from one user in your household to another. You may transfer the benefit of a subscription to our services from one user in your household to another by following the instructions we provide from time to time. If you do transfer the benefit of the subscription the previous user will not be able to benefit from that subscription
17.3 You need our consent to transfer your rights to someone else. Save as set out above in clause 17.2 you may only transfer your rights or your obligations under these terms to another person if we agree to you doing so in writing.
17.4 Nobody else has any rights under this contract apart from a user. This contract is between you and us. Where you have entered into this contract to enable another person to access our services, that user is also entitled to benefit from our obligations under the contract. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person (including any user on whose behalf you have contracted for our services) in order to end the contract or make any changes to these terms.
17.5 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.
17.6 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.
17.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of our services and any digital content supplied by us to enable you to access our services in the English courts. If you live in Scotland you can bring legal proceedings in respect of our services and any digital content supplied by us to enable you to access our services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of our services and any digital content supplied by us to enable you to access our services in either the Northern Irish or the English courts. If you live in Wales you can bring legal proceedings in respect of our services and any digital content supplied by us to enable you to access our services in either the Welsh or the English courts.
17.8 Alternative dispute resolution. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at ec.europa.eu/consumers/odr.
Schedule 1 Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To EASYA LIMITED, C/O Pkf Littlejohn, 15 Westferry Circus, Canary Wharf, London, United Kingdom, E14 4HD; TELEPHONE NUMBER: 020 7886 8882, E-MAIL: email@example.com
I/We [~] hereby give notice that I/We [~] cancel my/our [~] contract of sale of the following goods [~]/for the supply of the following service [~],
Ordered on [~]/received on [~],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[~] Delete as appropriate