Terms and Conditions

1. Introduction

1.1 
We are THINK ACADEMY INTERNATIONAL EDUCATION LIMITED, a company registered in England and Wales, registration number 12489904, registered address Suite 1, 3rd Floor 11 – 12 St. James’s Square, London SW1Y4LB, United Kingdom (hereafter, “Think Academy”, “We”, “Our”, “Us”).These are the terms and conditions (“T&Cs”) on which we supply our products and services (together, “Our Services”) to you. Please read these T&Cs carefully before you purchase Our Services. These T&Cs should be read in conjunction with our User Agreement and Privacy Notice, which governs our website(www.thinkacademy.uk; “Our Website”) and app (“Our App”) usage and is an integral part of these T&Cs. BY USING OUR SERVICES YOU AGREE TO BE BOUND BY THESE T&CS.
1.2 
We reserve the right to change these T&Cs from time to time by posting the changes here. We will notify you of any changes by posting the new terms and conditions on this page. If we make any changes that significantly affects your contractual rights and obligations, we will let you know via email and/or a prominent notice on Our Website, or through the course of delivering Our Services to you.

2. Our Services

2.1 
We provide online tutoring and education services for children in Years 1 to 6 (typically aged between 5 and 11) (“Students”).
2.2 
Students can join our online class sessions through Our App, using computers or mobile tablets.
2.3 
As part of delivering Our Services, we may provide Students with our course materials, homework and practice examination questions (together, “Study Materials”).
2.4 
Our paid courses are enrolled by terms, which consist of Spring Term (January – April), Summer Term (May – July), and Autumn Term (September – December)(“Term Courses”).
2.5 
As part of Think Academy’s marketing promotion, we offer free trial class to new Students who would like to try-out Our Services before enrolling onto our Term Courses. These T&Cs are also applicable to the free trial class. By registering and/or participating in our free trial class, you agree to be bound by these T&Cs.
2.6 
Students are required to register a Think Academy account in order to fully utilise Our Services (including gaining access to our student portal function on Our Website and use Our App). The relevant terms governing the registration of a Think Academy account can be found in our User Agreement.

3. Purchase and Payments of Our Services

3.1 
Our Services may only be purchased by Students’ parents/guardians who are above the age of 18.
3.2 
By purchasing Our Services, you (being the Students’ parent/guardian) agree to enter into a direct contractual relationship with Think Academy in accordance with these T&Cs. You also agree and undertake that your child will comply with these T&Cs.
3.3 
Our Services may be purchased through Our Website. Payments may be made through our third-party partner PayPal. You will be redirected to the PayPal website after submitting your order for Our Services. We may introduce other means of payment from time to time.
3.4 
Course fees are advertised on Our Website and we reserve the right to amend them from time to time. All fees must be paid in full before the start of the Term Courses; payments must be made in pound sterling (GBP).

4. Consumer Contracts Regulations 2013

4.1 
For Term Courses purchased through Our Website, you have a legal right to change your mind within 14 days and receive a refund in accordance with Clause 5 of these T&Cs. However, by downloading, streaming or use any of the digital contents provided by Think Academy as part of Our Services (including Study Materials), you have given us the explicit consent to waive your 14 days’ cooling off period.
4.2 
If you wish to make a change to the Term Course you have purchased please contact us via email support.uk@tal.com. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of Our Services, the timing of enrolling to the new course and anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may wish to apply for a refund in accordance with Clause 5 of these T&Cs.

5. Withdrawal & Refund Policies

5.1 
At Think Academy, we believe in the quality of Our Services in our tutors; we believe in complete transparency. Students who are dissatisfied with Our Services are entitled to cancel our courses at any time and request for a refund:
5.1.1 
A full refund will be given when cancellation is made before the commencement of the enrolled Term Course;
5.1.2 
A full refund will be given when cancellation is made after the Student’s first class session of the Term Course but before the commencement of the second class session of the enrolled Term Course;
5.1.3 
Partial refund (calculated on a pro-rata basis) after the commencement of the Student’s second class session of the enrolled Term Course.
5.2 
All refund request must be made in writing either through our Website’s “Request Refund” page, or via email to support.uk@tal.com. Please include the Student’s full name, date of birth, course name, year group, tutor’s name and the start date of the course if requesting refund via email.
5.3 
Please make sure that refund is applied for before the commencement of the next scheduled class of the enrolled course. No refund will be credited for concluded classes or courses regardless of the Student’s attendance.
5.4 
We aim to process all refund requests within 14 business days upon receiving such request by writing. However, this timeframe may differ depending on the payment issuing bank.
5.5 
Refunds will be made in pound sterling to the bank and account holder from which the original course fees were paid.
5.6 
We will not be responsible for settling any banking charges or compensating you for any shortfalls owing to the fluctuations in exchange rates.
5.7 
The above cancellation rights are in addition to any rights which you may have under English law.

6. Intellectual Property

6.1 
All intellectual property rights (including but not limited to copyright, design, and trade marks) of Our Services and Study Materials are owned by Think Academy.
6.2 
When Students enrol onto our Term Courses, you are getting from Think Academy a limited, non-exclusive, non-transferable license to view and participate the course using Our App and Think Academy is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course and Study Materials in any manner (including but not limited to account sharing, illegally recording classes, downloading and sharing courses and Study Materials on other platforms, etc.).
6.3 
We reserve the right to revoke any license to access and use our courses and Study Materials at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons.
6.4 
Tutors may not grant licenses to their courses to Students directly and any such purported direct license shall be considered null and void and a violation of these T&Cs.
6.5 
Except as expressly authorised by us or in these T&Cs, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit Our Services and Study Materials, in whole or in part.
6.6 
You may download and print a reasonable number of copies of our Study Materials in connection with Our Services for non-commercial, personal and educational use only, and we grant you a limited, non-perpetual, revocable, non-transferable, non-assignable, non-exclusive, royalty-free license to access and use our Study Materials for non-commercial, personal and educational purposes only, provided that:
6.6.1 
any permitted copies are made in an unmodified form;
6.6.2 
any permitted copies will be destroyed permanently after use.
6.7 
Students will be able to submit, upload, create audio, video, picture and other content to Our Service platforms. All user-generated content shall remain the property of the content creator.

7. Data Protection

At Think Academy, we are committed to the protection of individual’s personal data. For more details regarding how we process your personal data please see our Privacy Notice.

8. Our Rights to Suspend and End Our Services

8.1 
We may have to suspend the supply of Our Services to:
(a) 
deal with technical problems or make minor technical changes;
(b) 
update Our Website or Our Services to reflect changes in relevant laws and regulatory requirements;
(c) 
make changes to Our Services as requested by you or notified by us to you.
8.2 
We will contact you in advance to tell you we will be suspending the supply of Our Services, unless the problem is urgent or an emergency. If we have to suspend Our Services for longer than 7 working days, we will adjust the price so that you do not pay for Our 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 working days and we will refund any sums you have paid in accordance with Clause 5 of these T&Cs.
8.3 
If the supply of Our Services is delayed or made impossible by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or cancellation.
8.4 
Without affecting any other rights or remedies available to us, we may end the contract for Our Services at any time by writing to you if you (or the Students):
8.4.1 
cause, or may cause, any damage to Think Academy and its affiliates or any third party;
8.4.2 
disturb, or may disturb, public order;
8.4.3 
commit or are in the process of committing a crime;
8.4.4 
illegally disclose or obtaining confidential information of Think Academy’s (and its affiliates) staff members and Students;
8.4.5 
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or damages the reputation or credit of Think Academy (and its affiliates), or any third party;
8.4.6 
publish, distribute or disseminate any topic, name, material or information that is inappropriate, profane, defamatory, infringing, obscene, disruptive, threatening, abusive, harassing, embarrassing, tortuous, indecent or unlawful;
8.4.7 
causes, or may cause, any use or provision of computer viruses or other harmful programs;
8.4.8 
upload or otherwise distribute files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity), including any patent, trademark, trade secret, copyright, or other proprietary material or information, unless you own or control the rights thereto and/or have received all necessary consents;
8.4.9 
advertise, endorse or offer to sell or buy any goods or services for any business purpose, or otherwise transmit promotional materials, "junkmail," "spam," or conduct or forward surveys, contests, chain letters, pyramid schemes, or other forms of advertising or solicitation;
8.4.10 
fail to make any payments that is owed to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
8.4.11 
misuse Our Website, Services and/or Study Materials (including but not limited to the breach of our Intellectual Property rights);
8.4.12 
breach these T&Cs;

You will not be entitled to any refund should we end the contract for Our Services in the circumstances as set out above.

9. Limitation of Liability

9.1 
We do not make any warranty regarding the substance of the information contained in our Website, including its accuracy, usefulness, or authenticity. We do not guarantee that Our Services will be available at any given time.
9.2 
Subject to any relevant consumer protection legislation including our obligation under the Consumer Protection (Distance Selling Regulations) to give you a refund in accordance Clause 5 of these T&Cs, if you cancel your contract, if we do not perform the contract, our liability for any breach of these T&Cs shall be limited to the value of the course purchased by you in the relevant transaction.
9.3 
We are not liable for:
9.3.1 
Any loss or damages of any kind, as a result of using Our Services or other information provided on Our Website.
9.3.2 
Special, direct, incidental, punitive, exemplary or consequential damages of any kind whatsoever in any way due, as a result of using or inability for using Our Services, Our Website or its contents.
9.3.3 
The unavailability of Our Services or Our Website continuously or for any period of time.
9.4 
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 fraud, death or personal injury caused by our negligence or the negligence of our employees, agents or third-party partners.

10. Other important terms

10.1 
These T&Cs should be read in conjunction with our User Agreement, Privacy Notice, Cookie Policy and Safeguarding Policy. These documents constitute the entire agreement between Think Academy and you with respect to the contractual arrangement for Our Services offered. These documents supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, and successors.
10.2 
If any provision of these terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of these terms.
10.3 
A provision of these terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of the party to exercise or enforce any rights or provisions of these terms will not constitute a waiver of such right or provision.
10.4 
Any notice or other communication required under these T&Cs must be given in writing and delivered either by post or email.
10.5 
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.
10.6 
This contract is made between Think Academy and the Students’ parents / guardians. No other person (including the Students) shall have any rights to enforce any of these T&Cs. Provisions of the Contracts (Rights of Third Parties) Act 1999 shall be excluded.

11. Governing Law

11.1 
These T&Cs are governed by English law. Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the provisions of Our Services shall be governed by and construed in accordance with the law of England and Wales.
11.2 
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these T&Cs or its subject matter or formation.

12. Contact us

If you would like to contact us about any aspect of this T&Cs, please do so at infouk@tal.com.