TERMS & CONDITIONS

1                TERMS

1.1            Lectus Learning Ltd (Company Number 09191995) of 56 Lavington Road, London, W13 9LS United Kingdom (Lectus) grants you a non-exclusive, limited and revocable licence to use and access the Lectus website (www.myLectus.com) and/or mobile application (Platform) subject to these terms and conditions (Terms).

1.2            In these Terms, “us”, “we” and “our” refer to Lectus and references to “you” and “your” is to you, the user.

1.3            By using the Platform you agree to be bound by these Terms - if you do not agree with these Terms you must immediately stop using the Platform. 

1.4            You agree that we may change, update or otherwise amend the Platform and these Terms at our absolute discretion.

2                PLATFORM – VIRTUAL SERVICES

2.1            Lectus provides the Platform as a virtual learning environment for students and their parents (Client) to engage with teachers (Teachers) to provide teaching and tutoring related services (Services).  The Platform allows Clients to make a booking for Services (Booking) provided by Teachers on demand via the Platform (Virtual).

2.2            Virtual Services are provided on the Platform’s virtual learning environment, including video streaming and image sharing.

2.3            You are responsible for all content and information published on or sent via the Platform and warrant that information is accurate and honest.  You acknowledge that such content may be made publicly available and that Lectus is not responsible for editing or monitoring such content.  We reserve the right to delete any such content and information in our absolute discretion.

3                BOOKING AGENT ONLY

3.1            Lectus acts only as a booking agent in respect of Services. You authorise Lectus to process each Booking and payment for Services, in accordance with these Terms.

3.2            These Terms also apply to any contract between the Client and Teacher for the provision of Services. The Client and Teacher may enforce any of these Terms against the other party directly in respect of the Services. 

3.3            We do not accept any responsibility or legal liability whatsoever for any act or omission of the Teacher or the Client arising from or in connection with the Services.

3.4            Whilst we may assist with the resolution of any complaint or dispute relating to the Services, you acknowledge that any legal recourse arising from or in connection with the Services, whether for breach of contract or otherwise, is against the Client or Teacher (as applicable) and not against Lectus, notwithstanding anything to the contrary in these Terms or on the Platform.

3.5            You must cooperate with us and comply with all reasonable requirements, including information and documents relating to the Services.

4                TEACHER REGISTRATION & STATUS

4.1            We may accept, reject, suspend or remove registration of a Teacher in our absolute discretion, including for poor ratings, repeated cancellation, or failure to verify information.

4.2            Each Teacher acknowledges that Lectus and the Client rely on the accuracy and completeness of information provided by the Teachers during the registration process. Lectus shall conduct an interview of each Teacher to consider their identity, background and qualifications. Lectus will require confirmation of identity, details of any registrations that can be publicly searched, copies of certificates for specified qualifications and insurance (if any), including Disclosure and Barring Service (DBS). 

4.3            Each Teacher warrants and represents that all information provided to us is accurate, complete and not misleading, including that:

(a)             Teacher has the relevant qualifications and experience to perform the Services;

(b)             Teacher has the necessary immigration status to perform the Services.

4.4            The Teacher must immediately notify any change to such information and update any profile on the Platform.

4.5            The Teacher acts as an independent contractor of the Client and is not an employee or contractor of Lectus.  The Teacher shall be fully responsible for any tax and national insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with this agreement or the Services. The Teacher shall indemnify the Client and Lectus against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of the negligence or wilful default of Lectus. Lectus may at its option satisfy such indemnity (whether in whole or in part) by way of deduction from the payments due to be paid to it under this agreement.

4.6            In consideration for being listed on the Platform, the Teacher undertakes not to use another Platform offering comparable services for a period ending 6 months after listing on the Platform or last Booking (if any), whichever is later.

5                TERMS OF SERVICE

All Services are contracted and supplied via the Platform subject to these Terms:

5.1            Bookings

(a)             The Client will be guided on the Platform through the steps required to book Services (Booking). All Bookings must be made via the Platform.   All Bookings are subject to Teacher availability for the provision of Services and:

i                  Virtual Services are charged per minute and provided on demand, subject to instant Bookings;

(b)             Each Booking shall specify the requirements for the Services including the grade level, subject, time. The Client is responsible for confirming all details and any errors in a Booking.

(c)             The Teacher shall be notified of each Booking and has sole responsibility for updating availability and monitoring emails.  The Teacher may reject a Booking if the Teacher raises a concern as to legitimacy or safety.

(d)             A Booking may be rejected or cancelled at any time by Lectus, including if we discover an error in the specifications of the Services. We may give the Client the choice to vary the Booking. 

(e)             By using the Platform, you warrant and represent that you will not directly or indirectly circumvent the Platform and that all Services will be booked in accordance with these Terms.  Without limitation, Clients and Teachers must not book Services outside of the Platform or contact each other directly (except to facilitate Services booked on the Platform) for a period of 6 months after any Booking.

(f)              Each Client warrants that it has the authority to use our Platform, purchase Services and use the payment method used to complete any Booking.

5.2             Prices & Payment

(a)             All prices for the Services are inclusive of VAT (and similar taxes) and specified on the Platform subject to change at any time.  

(b)             Clients shall be charged for Services and use of the Platform for Virtual Services at the rate specified for the Teacher on a per minute basis (rounded up for any Services provided for longer than 0.30 seconds).  Teachers shall pay us a 20% commission on all Services.

(c)             Lectus may charge you additional fees and charges as specified on the Platform e.g. debit/credit card processing fees.

(d)             Payments may be authorised in advance by credit card or any other payment method specified on the Platform.  Payments shall be processed at the conclusion of each session for Services. Surcharges may apply for certain payment methods.  You warrant that there are sufficient funds on the relevant credit or debit card to pay for all fees and charges for each Booking and any Services purchased on the Platform.

(e)             If any amount due remains unpaid, we may charge additional administration costs and interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.

(f)              You agree to pay any duties or taxes with respect to the Services.

5.3            Cancellations & Refunds

(a)             Virtual Services may be cancelled within the first 60 seconds or as otherwise specified on the Platform. 

(b)             Lectus reserves the right to decide whether or not to make a refund, arrange re-performance or provide a service credit (including for non-attendance).  Any refund may be made up to 30 days after notice is given.

(c)             Nothing in these Terms affects your rights at law, including under the Consumer Protection Act 1987, which cannot be excluded or limited, including any right of a consumer to cancel any Booking.

5.4            Services

(a)             The Client must treat Teachers courteously and lawfully, and provide all reasonable co-operation and assistance to enable them to effectively perform the Services. 

(b)             The Teacher shall perform the Services in accordance with industry standards and shall comply with all applicable laws and regulations.

(c)             You agree to communicate within 24 hours of any Booking any and all complaints or grievance relating to the Services to us and comply with any policies on the Platform as may be varied from time to time.  You authorise Lectus to deal on your behalf to resolve any complaint or grievance and agree not to communicate any settlement without approval from Lectus.

6                CONDITIONS OF USE

6.1            It is a condition of use that:

(a)             Clients are over the age of 18 or in the case of a student, over the age of 13 and having the consent of a legal guardian or parent. 

(b)             You register on the Platform to perform any Services;

(c)             You only use the Platform for lawful purposes;

(d)             You do not engage in any defamatory, improper, indecent or offensive behaviour;

(e)             You are not breaking any local, state, national or international law in your relevant jurisdiction by accessing this Platform;

(f)              You will treat the Platform and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us); and

(g)             You must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Platform.

(h)             You do not breach any of the Terms.

6.2            You agree and warrant that you will not solicit a user of the Platform to join another competing Platform. 

6.3            You indemnify us for any loss or damage we suffer as a result of your breach of this clause.

7                PLATFORM AVAILABILITY

7.1            You acknowledge that we are not required to keep the Platform available for your use and we make no warranties as to its availability.

7.2            We accept no responsibility for the unavailability of this Platform, or any offer of Services found on the Platform, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform.

7.3            We make no guarantees, implied or express, as to the ongoing availability of the Platform or Services.

8                YOUR CONTENT

8.1            You are solely responsible for all resources, materials, information, text, designs, logos, images and other content communicated on or via the Platform or otherwise in connection with any Services (Your Content). 

8.2            You represent and warrant that:

(a)             Your Content is lawful, compliant with these Terms, virus free, and not false, defamatory, misleading or otherwise deceptive in any way;

(b)             you are the sole and absolute owner of all intellectual property rights in Your Content or otherwise have the full right, authority and capacity to license Your Content for the purposes of the Platform and any Services; and

(c)             use of Your Content on the Platform and any Services shall not infringe any intellectual property rights (including moral rights) of any third party.

8.3            By submitting Your Content, you expressly authorises the reproduction of any copyright in Your Content and grants to us an irrevocable, royalty-free, non-exclusive, non-transferable, and worldwide license and right to use Your Content in connection with the Platform and any Services.

9                INTELLECTUAL PROPERTY

9.1            The Platform (including any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Client or any Teacher) is the copyright and property of Lectus. Without the express written permission of Lectus, you shall not copy the Platform for your own commercial purposes, including:

(a)             Replicate or use the details and profiles of any Teacher;

(b)             Replicate all or part of the Platform in anyway; or

(c)             Incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.

9.2            Lectus has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Lectus.

10             THIRD PARTY WEBSITES & ADVERTISING

10.1         The Platform may from time-to-time contain information & advertising from third-party businesses, people & websites (Third Parties). You consent to receiving this information as part of your use of the Platform.

10.2         We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.

11             LIMITATION OF LIABILITY & INDEMNITY

11.1         You agree that you use the Platform at your own risk.

11.2         You acknowledge that we are not responsible for the conduct or activities of any Client or Teacher and that we are not liable for such under any circumstances.

11.3         If you are provided with a username & password to access the Platform, it is your responsibility to keep your username & password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.

11.4         You acknowledge that in using the Platform and in relation to the supply of Services you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

11.5         You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Platform, including any breach by you of these Terms.

11.6         In no circumstances will Lectus be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Platform or any content, or in any way relating to the Services (or the provision or non-provision of Service), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Lectus knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise

11.7         Certain rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of Services or payment of the cost of re-supply of Services.

11.8         In all circumstances, you agree that any liability of Lectus shall not exceed the value of the Booking you placed using the Platform.

12             PRIVACY POLICY

12.1         You accept our Privacy Policy and agree that you will not do anything that shall compromise Lectus’s compliance with its Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Platform is concerned.

12.2         We may amend the Privacy Policy from time-to-time without notice and at our absolute discretion, and by continuing to use the Platform you accept such changes.

13             TERMINATION

13.1         We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Platform or Services.

13.2         Teachers may terminate their use of the Platform on at least 14 days notice.

13.3         Your use of the Platform may be cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice cancelling your licence to use the Platform.

14             NOTICES

14.1         You can contact our customer service team by email (info@myLectus.com).

14.2         You can direct notices, enquiries, complaints and so forth to Lectus using any other details published on the Platform. We will notify you of a change of details from time-to-time by publishing new details on the Platform.

14.3         We will send you notices and other correspondence to the email address that you submit to the Platform, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.

14.4         A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.

15             GENERAL

15.1         Lectus may assign or otherwise create any interest in their rights under these Terms by giving you written notice.

15.2         Lectus may in its absolute discretion amend these Terms at any time, which shall become effective by giving you notice.

15.3         Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.  The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.

15.4         These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed & validly entered into electronically.

15.5         The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.

15.6         These Terms are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in England.

 

16             ADDITIONAL TERMS & CONDITIONS – STRIPE CONNECTED ACCOUNTS AGREEMENT & TERMS OF SERVICE

16.1         Payment processing services for Teachers on Lectus are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as Teacher on Lectus, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Lectus enabling payment processing services through Stripe, you agree to provide Lectus accurate and complete information about you and your business, and you authorize Lectus to share it and transaction information related to your use of the payment processing services provided by Stripe.