Terms and Conditions
Read the latest version of our terms and conditions or download the pdf by clicking on the button below.
These terms and conditions were last updated on 21st September, 2022.
1. Introduction
1.1 The Scholearn Website helps Students to find Tutors, Tutors to market their services, and for Students to book and pay for Tutoring Lessons. All of these terms and conditions apply to Students and Tutors, unless they specifically state otherwise, or are marked with a “T”, where they apply exclusively to Tutors. These terms and conditions replace any previous versions of them.
1.2 The Scholearn Website is owned and operated by Charlotte Ingham, trading as Scholearn. Scholearn is a sole proprietorship and Scholearn’s contact details are set out on the Website, which can be found at: https://www.scholearn.co.uk/.
1.3 A User may register on the Website as a Student or as a Tutor. A User may use the Website without registering, but if a User does register, certain information will be stored, making future visits to the Website easier.
1.4 By registering on or using our Website, the User agrees to be bound by these terms and conditions. These terms and conditions are legally binding and help govern the relationship between Scholearn and its Users. Every User should read them fully before agreeing to them (please print or save these terms and conditions for future use, as Scholearn cannot guarantee that they will remain accessible on the Website in future). If a User does not wish to be bound by these terms, they should not use the Website.
1.5 (“T”) Where the person who agrees to these terms and conditions contracts on behalf of a company/organisation, they hereby confirm that they have authority to act on behalf of that entity.
1.6 Specific words are defined in clause 14 (under Definitions) of these terms and conditions and are capitalised throughout.
2. Scholearn Rights and Responsibilities
This clause sets out what Scholearn pledges as part of its service:
2.1 To help Tutors and Students to meet by allowing Tutors to advertise their professional tuition services on Scholearn’s Website, and Students to book and pay for Lessons.
2.2 To maintain a functioning Website, including communication systems, a booking platform and access to an Online Classroom, wherever possible. Scholearn cannot guarantee that its Website will always be available, or that it will always function as normal, but it will endeavour to keep it up and running at all times. To maintain the functioning of Scholearn’s online platform, the Website will need to be taken offline every so often for maintenance purposes.
2.3 To communicate in good time any planned maintenance of the Website or downtime.
2.4 To use reasonable endeavours to keep the Website free from viruses and worms.
2.5 To use reasonable endeavours to check the identity of all Tutors and to complete background checks and due diligence where appropriate.
2.6 To decide when a Tutor’s profile is sufficiently complete to be set live on the Website and therefore be accessible by other Users.
2.7 To communicate new Bookings, confirmation of Bookings and cancellations, to both Students and Tutors via the Website and by email (except where a Student or Tutor has chosen to alter their notification settings to exclude email communications).
2.8 To ensure that each Student’s payment of Lesson Fees and the payment of each Tutor’s Tutor Fees are processed promptly and usually within 14 days of a Lesson, when there is not a Complaint or Failed Payment.
2.9 To endeavour to ensure Complaints are considered promptly and in accordance with these terms and conditions.
2.10 To endeavour to ensure that refunds to Students are made promptly and in accordance with these terms and conditions.
2.11 To endeavour to ensure that Failed Payments are processed promptly and in accordance with these terms and conditions.
2.12 To take precautions that Scholearn considers appropriate to protect Student’s and Tutor’s information. This includes following guidance from the Information Commissioner’s Office (ICO).
2.13 To monitor postings made on the Website and messages sent between Students and Tutors. Scholearn does so in the hope of helping Students and Tutors meet, but also to stop misuse of the Website, as set out in these terms and conditions.
3. User Responsibilities – this applies to both Students and Tutors, and anyone else who users the Scholearn Website
3.1 Users are responsible for their own security in conjunction with the services through the Website, both online and offline.
3.2 Users are solely responsible for the material they post on the Website, including messages sent, and they must not post defamatory, offensive or illegal material.
3.3 Users must immediately report to Scholearn any defamatory, offensive or illegal material they view on the Website.
3.4 Users must contact Scholearn immediately if they believe their password has been compromised. Users will be responsible for the actions of any interactions conducted in their name until they have notified Scholearn that they believe a breach has occurred causing for their password to be compromised.
3.5 Users must not use the Website with the intention of engaging directly with other Users outside of the Scholearn environment. Users must not promote opportunities or services of any company other than Scholearn on the Website.
3.6 Users agree to abide by the Privacy Policy provided through the Website.
3.7 Any User who fails to meet Scholearn’s expectations of complying with these terms and conditions may be immediately suspended from using the Website and any related services. Scholearn reserves the right to cancel any existing bookings in such circumstances.
4. Student Responsibilities
4.1 Scholearn is not responsible for the acts or omissions of Students or Tutors and is solely responsible for its own acts or omissions.
4.2 Students must be at least 18 years old to book a Tutor for themselves. Students under the age of 18 must be represented by a parent or legal guardian who gives consent for them to receive tuition from a Tutor via Scholearn. Scholearn is not responsible for any dispute between a person under the age of 18 and a parent or guardian.
4.3 Students must ensure that all of their personal details and contact information are accurate and up-to-date. Scholearn will contact Students via email.
4.4 When a Booking is made more than 24 hours in advance of the start time of the first Lesson, Students have up to 12 hours before their first Lesson with a new Tutor is due to commence to confirm the Booking. When a Booking is made within 24 hours of the start time, Students have up to 2 hours before their first Lesson with a new Tutor is due to commence to confirm the Booking.
4.5 To confirm a Booking for their first Lesson with a Tutor, the Student must enter, or have already entered, valid payment details on the Website.
4.6 By confirming their Booking for their first Lesson with a Tutor, the Student authorises the Tutor to make further Bookings on their behalf and authorises Scholearn to take payment of its Platform Fee and to take, as agent for the Tutor, payment of the Tutor Fee for each Lesson (which combine to form the total Lesson Fee), in accordance with these terms and conditions. Further Bookings made by a Tutor on behalf of a Student after the first Lesson will, therefore, be confirmed automatically.
4.7 When a Booking is confirmed, the Student enters into a direct contract with the Tutor for the provision of Lessons and Scholearn accepts no liability in relation to the Tutor’s provision of lessons.
4.8 When a confirmed Booking exists, the Student must ensure that they have a valid debit/credit card registered on the Website, with sufficient funds to cover the Booking.
4.9 Students must use their own judgement about the services of Tutors detailed on the Website. Although Scholearn undertakes checks to assess the suitability of each Tutor prior to setting their profile live on the Website, Students are responsible for observing credentials, expertise, references and qualifications of any Tutor with whom they confirm a Booking.
4.10 Students are responsible for checking that Bookings made by Tutors on their behalf are done so correctly and understand they will be informed of these Lessons by email (except where a student has chosen to alter their notification settings to exclude email communications) and through the Website only.
4.11 Students are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson. No refunds will be made in the event that Students are unable to access the Online Classroom for whatever reason, unless in the instance that inability to access the Online Classroom arises as a result of clause 2.2 of these terms and conditions.
4.12 Any Student who fails, in Scholearn’s reasonable opinion, to comply with these terms and conditions may be immediately suspended from using the Website and any related services. Scholearn reserves the right to cancel any existing Bookings in such circumstances.
4.13 Students may cancel any Booking, without incurring any charge, by giving more than 12 hours’ notice prior to a lesson commencing.
4.14 None of the terms and conditions listed affects a Student’s statutory rights.
4.15 Simply by agreeing to these terms and conditions, a Student is not required to sign up with any Tutor or make any Bookings.
4.16 Subject to paying for any Bookings used, a Student may cease to use the Scholearn service at any time.
4.17 Students agree to not use any means to record lessons separately to Scholearn. This includes storing or sharing them.
5. Tutor Status and Responsibilities
5.1 Tutors are not employees of Scholearn and are solely responsible for their own actions both on and off the Website.
5.2 Tutors must be at least 18 years old.
5.3 Tutors must be legally entitled (possessing the relevant immigration status) to work in the UK on a self-employed basis.
5.4 If Tutors contact Students who are under 18, they must ensure that these Students are represented by a parent or legal guardian who gives consent the for the Student to receive tuition.
5.5 Tutors are responsible for ensuring that the personal information they provide and their personal statements on the Website are accurate and in no way misleading. They must update this information promptly to maintain its accuracy and relevance.
5.6 Tutors are expected to disclose any criminal convictions or cautions they may have to Scholearn, including any criminal convictions or cautions received at any time after having registered a Tutor account on the Website and for as long as the Tutor remain registered with Scholearn.
5.7 Any Tutor who, in Scholearn’s reasonable opinion, fails to comply with these terms and conditions may be immediately suspended from using the Website and related services. Scholearn reserves the rights to cancel any existing Bookings at any time in such circumstances.
5.8 Tutors must use their own judgement about whether they wish to offer their tuition services to a Student. Tutors must take every precaution to ensure they work in a safe environment and are responsible for taking out and maintaining their own insurance policies to cover the work they undertake.
5.9 Tutors are responsible for notifying Scholearn when they qualify to move up their Tutor Fee.
5.10 Tutors are expected to make Bookings for Lessons and respond to messages received from Scholearn and Users promptly.
5.11 Tutors must only make Bookings for Lessons in accordance with the instructions of their Students. If Tutors make Bookings for additional Lessons which they fail to deliver, they will be liable to refund the Student directly any Tutor Fee they have received for any such Bookings.
5.12 Tutors are expected to allow for up to 15 minutes following the scheduled start time of a Lesson for Students to attend. During this time, Tutors should call Students and must be able to evidence this. If Tutors fail to do so, they will be liable to refund the Student any Tutor Fee they have received for the relevant booking.
5.13 Tutors must not complete or intend to complete coursework, or any similar assignments, on behalf of Students.
5.14 Tutors must ensure that all written communication with Students to organise Bookings and arrange Lessons takes place via the Website or via email as provided by the parent / guardian of the Student.
5.15 Tutors shall indemnify Scholearn for all claims and liabilities arising out of any use by the Tutor of the Website, including any costs and expenses incurred.
5.16 Tutors are responsible for ensuring that they have the correct equipment to be able to access the Online Classroom prior to an Online Lesson. Tutors will be liable to refund any fees received for an Online Lesson in the event that they are unable to access the Online Classroom for whatever reason unless in the instance that this is a result of that which is outlined in clause 2.2 of these terms and conditions.
5.17 Users acknowledge that all lessons participated in may be recorded and agree to the storage and use of such recordings by Scholearn.
5.18 Tutors acknowledge and agree to recordings being shared with students.
6. Payment
6.1 The Lesson Fee payable by a Student for a Lesson will be displayed on the Website at the time of confirming a Booking. The Lesson Fee will also be displayed on the Student’s lesson dashboard on the Website, in Lesson reminder emails and, following Lessons, in emails confirming receipt of payment.
6.2 A Lesson Fee is the combination of the Tutor Fee and Scholearn’s Platform Fee. All fees include any applicable VAT or other sales tax.
6.3 The Platform Fee is payable by the Student in exchange for the provision of the services listed in clause 2 of these terms and conditions. The Platform Fee will be determined based on the number of Lessons taught by the Tutor prior to the lesson.
6.4 Students can either pay in advance of a lesson via the Website or through bank transfer, where an invoice will be sent to the Student following a lesson.
7. Cancellations
7.1 A Student may cancel a Booking at any point before the schedule start time of a Lesson.
7.2 A Student may only cancel a Lesson by cancelling the relevant Booking on the Website or via email provided to Scholearn from the parent / guardian of the Student. Cancellations made through other direct contact with the Tutor, such as by text or phone, and not through the Website, may result in charges still being made to a Student’s account.
7.3 Cancellations made 12 or more hours before a Lesson is due to commence will incur no charge.
7.4 Bookings cancelled by a Student less than 12 hours before a Lesson is due to commence may incur a charge. Scholearn leaves this to the Tutor’s discretion whether to accept the cancellation request and not charge any Lesson Fee, or to charge the Student 50% of the Lesson Fee, as displayed at the time of confirming their Booking. Unless instructed otherwise by the Tutor, Scholearn will, as the Tutor’s agent, deduct or invoice charges of 50% of the Lesson Fee and payment will be processed in accordance with these terms and conditions.
7.5 Tutors may cancel a Booking at any time prior to a Lesson taking place. To do so, Tutors must inform the Student directly via the Website or the email of the parent / guardian of the student provided to Scholearn and cancel the Booking on the Website. In the event of a Tutor cancelling a Booking, the Student will not be charged any Lesson Fee or, if the Student has paid the Lesson Fee, they will receive a full refund.
7.6 Bookings cannot be cancelled after the Lesson has started.
8. Missed Lessons and Complaints
8.1 As defined at the end of these terms and conditions, a “Complaint” covers any cause for the Student to seek a refund as a result of the service provided by the Tutor, including, but not limited to, a Missed Lesson (where the Tutor did not attend a Lesson booked on the Website) or a claim about quality (where the Student feels that the service provided by a Tutor falls below standards they reasonably expected).
8.2 A Student should inform Scholearn of a Complaint by either phone or email within 96 hours after the scheduled finish time of the relevant Lesson.
8.3 When a complaint has been received from a Student, Scholearn will contact the Tutor within 72 hours of the complaint being received, by email and text message to inform the Tutor that a complaint has been raised.
8.4 Should a Student inform Scholearn of a complaint within 96 hours after the scheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform Scholearn through the Website of their desire to dispute the complaint (and reject the associated refund request). Should the Tutor not dispute the complaint through the Website within 48 hours of being notified of the complaint, Scholearn, as the agent of the Tutor, will process a full refund to the Student of the Tutor Fee. Scholearn reserves the right, as a goodwill gesture, to process a refund of the Platform Fee for the Booking related to the Lesson the complaint is regarding. Scholearn will promptly inform the Student of the Tutor’s decision whether or not to uphold their complaint by email and, if upheld, authorise the associated refund.
8.5 Should a Student inform Scholearn of a complaint more than 96 hours after the unscheduled finish time of the relevant Lesson, the Tutor has 48 hours to inform Scholearn by email or phone of their desire to uphold the complaint (and authorise Scholearn on the Tutor’s behalf to award the associated refund of the Tutor Fee). Should Tutors not contact Scholearn within 48 hours to uphold the complaint, Scholearn, as the agent of the Tutor, will inform the Student by email of the Tutor’s decision to reject their complaint and reject the associated refund request.
8.6 Should the Student and Tutor not reach an amicable agreement regarding a complaint; the Student is entitled to make a claim against the Tutor in relation to the complaint. However, Scholearn accepts no liability in relation to complaints and the services provided by the Tutor.
8.7 Should Scholearn find that a Missed Lesson occurred due to any failure of Scholearn to meet the terms set out in clause 2 of these terms and conditions, Scholearn will refund the Student any Platform Fee paid.
8.8 Scholearn reserves the right to offer any Student, as a gesture of goodwill, payment of a sum equivalent to the full Lesson Fee. Such a payment will be awarded solely at Scholearn’s discretion.
9. Failed Payments
9.1 ‘Failed Payment’ means an outstanding Lesson Fee for a booking for which a charge has been unsuccessful against the payment details provided by the Student.
9.2 As the agent of the Tutor, Scholearn reserves the right to protect the Tutor from further loss of earnings by cancelling Lessons and their associated Bookings at any point with a Student who has an outstanding Failed Payment (including for a Student who has an outstanding Failed Payment for a Booking with another Tutor).
9.3 In the case of a Failed Payment still being outstanding 96 hours after the scheduled end of the relevant Lesson, Scholearn will cancel all of the Student’s further Bookings and inform the Tutor by email that payment has not been made. The Tutor must not make any further Bookings for Lessons with the Student until the Failed Payment has been settled.
9.4 As the agent of the Tutor, Scholearn may continue to seek payment to cover Failed Payments from the Student for ninety days following the scheduled end of the relevant Lesson, by contacting the Student by email, SMS and/or phone.
9.5 The Student accepts that Scholearn reserves the right to pass bad debts for Scholearn’s Platform Fees to third party debt collection services, and acknowledge that their credit rating may be affected as a result.
9.6 Scholearn will not be liable to the Tutor for any lost earnings resulting from any Failed Payment.
9.7 Scholearn without obligation, reserves the right to pay the Tutor, as a gesture of goodwill, an amount equal to the Tutor Fee for any Lessons for which there has been a Failed Payment. This right is entirely at the discretion of Scholearn.
10. Child Protection
10.1 Scholearn seeks to provide the best service possible and provide a safe experience in which Students can learn.
10.2 All Tutor’s must comply with The Tutors’ Association Child Protection Policy, whether or not they are a member of the Tutor’s Association, and all relevant legislation and government guidance.
10.3 If any User has a concern regarding child protection, they should contact Scholearn immediately.
10.4 Scholearn’s designated Child Protection Lead is Charlotte Ingham.
11. Intellectual Property
11.1 When submitting material to Scholearn, Students and Tutors also grant to Scholearn, a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material.
11.2 You are responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display or email or otherwise use via the website or the Service.
11.3 You agree to not use the service to email or upload any content that:
infringes any copyright, intellectual property or other proprietary rights of any party
you do not have a right to upload under any law or under contractual or fiduciary relationships
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
poses or creates a privacy or security risk to any person
constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation
is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable
in the sole judgment of Scholearn, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Scholearn or its users to any harm or liability of any type
11.4 Scholearn reserves the right to investigate and take appropriate legal action against anyone who, in Scholearn’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
11.5 You agree to grant Scholearn permission to use any images you have independently created and uploaded on our site for any use, including marketing or promotional purposes, without restriction, prior notice or compensating you in any way.
12. Changes to these terms and conditons
12.1 Scholearn may change these terms and conditions by posting the revised version on the Website at least 14 days before they become effective. Please check the Website from time to time. Users will be bound by the revised terms and conditions if they continue to use the Website or the services following the effective date shown.
13. Governing Law & Jurisdiction
13.1 These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim will be decided only by the courts of England.
13.2 If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.
14. Definitions
14.1 “Booking” means the booking attached to an individual Lesson on the Website.
14.2 “Complaint” means a claim by a Student that either the service provided by a Tutor falls below the standards the Student expected of a Tutor introduced by Scholearn, or, that there was a Missed Lesson.
14.3 “Content” means all information of whatever kind (including information, service provider listings, profiles, Reviews), published, stored or sent on or in connection with the Website.
14.4 “Failed Payment” means an outstanding Lesson Fee for a Booking which has been unsuccessful against the payment details provided by the Student.
14.5 “Lesson” means, unless otherwise specified, a one-to-one tuition lesson between a Student and a Tutor, including both in-person and online sessions.
14.6 “Lesson Fee” means the combination of the Tutor Fee and the Platform Fee.
14.7 “Missed Lesson” means a claim by a Student that they have not received a Lesson with a Booking on the Website.
14.8 “Online Classroom” means Scholearn’s online lesson space, powered and created by third-party company, Lessonspace, which is made available to Users at the time of booked Online Lessons.
14.9 “Online Lesson” means a one-to-one tuition lesson between a Student and a Tutor delivered through Scholearn’s Online Classroom.
14.10 “Platform Fee” means the fee charged by Scholearn to Students for the provision of Scholearn’s services.
14.11 “Review” means any review, comment or rating.
14.12 “Student” means a User who has registered a student account on the Website. The Student must be at least 18 years old. Where the learner is under 18 years old, the Student must include the details of their parent or guardian.
14.13 “Tutor” means a User who has registered a tutor account on the Website.
14.14 “Tutor Fee” means that part of the Lesson Fee which is collected by Scholearn as agent for the Tutor.
14.15 “Scholearn” means the entity owned and operated by Charlotte Ingham, trading as Scholearn. Scholearn is a sole proprietorship and Scholearn’s contact details are set out on the Website, which can be found at: https://www.scholearn.co.uk/
14.16 “User” means a person who uses our Website (whether or not they have registered an account with us).
14.17 “Website” means the website on the domain https://www.scholearn.co.uk/.