TERMS AND CONDITIONS
Welcome to The Impact Academy’s legal terms of subscription! Please read the following important terms and conditions carefully before you subscribe to any of our programs.
1 GENERAL INFORMATION
1.1 This contract sets out your and our legal rights and responsibilities in relation to the tuition program as well as certain key information required by law. In the UK, the Consumer Rights Act 2015 gives you certain legal rights in relation to the supply of services and nothing in this contract affects your legal rights under this legislation.
1.2 These terms and conditions apply to all subscriptions.
1.3 By subscribing for our tuition program, you agree to be legally bound by this contract (whether these terms & conditions are signed by you or not). When subscribing for our tuition program you also agree to be legally bound by the following:
1.3.1 any changes we may make to these terms and conditions in the future.
If we are changing the terms of this contract, we will write to you to let you know and provide you with at least one month’s advance notice. You can end this contract immediately if you are unhappy with any change we are making to the contract.
1.4 These terms were last updated on 15th May 2024. Please contact us if you need past versions of our terms & conditions.
1.5 This contract is only available in English. No other languages will apply to this contract. In this contract ‘we’, ‘us’ or ‘our’ means Brunson Education Group Ltd and The Impact Academy, both of which will be used interchangeably, and ‘you’ or ‘your’ means the person ordering the tuition program.
1.6 If you have any questions about this contract or any order you have placed, please contact us using the contact information in section 2.
Brunson Education Group Ltd (company no. 13779556) | Address: 20-22 Wenlock Road, London N1 7GU Email: support@theimpact-academy.com |
2 ABOUT THE IMPACT ACADEMY
2.1 Your tuition is supplied by The Impact Academy. The Impact Academy is the trading name of Brunson Education Group Ltd. We are a company registered in England and Wales under company number 13779556. Our registered office is at 20-22 Wenlock Road, London N1 7GU.
2.2 Our email address is support@theimpact-academy.com. Our offices are at: Suite LP56022, 20-22 Wenlock Road, London N1 7GU.
2.3 Our opening times are 9am to 5pm, Monday to Friday.
3 PRE-CONTRACT INFORMATION
3.1 The law states that we must give you certain key information before a legally binding contract between you and us is made. We provide you with this key information during the consultation process and a further copy is available to view from our website: https://theimpact-academy.com. The key information we give you forms part of this contract and can only be changed if you agree to it.
4 PRIVACY POLICY
4.1 Your personal information is important to us. Any personal information that you provide to us will be handled in line with our Privacy Policy. Our Privacy Policy is available to view from our website: https://theimpact-academy.com.
5 PARENTS AND CARERS
5.1 You cannot subscribe directly to our tuition program if you are under the age of 18 years, or you lack mental capacity because the law states that you are too vulnerable to enter into a contract alone. You will need the help of your parent or carer if you are a vulnerable person.
5.2 All parents and carers confirm that:
5.2.1 they are at least 18 years old,
5.2.2 have parental responsibility or formal guardianship of the pupil being enrolled for the tuition program;
5.2.3 they are not prevented by the terms of any agreement or arrangement from entering into this contract; and
5.2.4 that all information provided to us with regards to the pupil is complete, up to date and accurate especially any information about SEN.
6 ABOUT YOUR SUBSCRIPTION
6.1 Your subscription starts when we send you the Thank You Email in section 6.2.4 and it ends when the tuition program is complete (unless either one of us ends it early under sections 14 and 15).
6.2 Below, we set out how a legally binding contract between you and us is made (except in the case of an auto-renewal in section 8):
6.2.1 You express an interest in our tuition program;
6.2.2 We provide you with additional information about our programs (via a video conference, telephone call and/or email) including a web link to these terms & conditions;
6.2.3 You pay the first monthly installment as set out in section 11.2; and
6.2.4 We email and/or Zoom Chat Message you to confirm your successful subscription to our tuition program (Thank You Email). Thereafter, we provide you with instructions on how to access the tuition platform. At this point:
(a) a legally binding contract will be in place between you and us so you should keep a copy of these terms & conditions for your records; and
(b) we will start the tuition unless you have asked us not to during the cooling-off period.
6.3 In exceptional circumstances, we may contact you to say that we do not accept your order. If your order is rejected, we will refund any fees paid by you immediately in accordance with section 16.
7 CLIENT SERVICE GUIDELINES
7.1 We want to ensure that everybody’s experience at the academy is positive, so we have prepared policies which set out the rules and behaviours we expect pupils and parents to follow during their time with us. We provide you with two key documents in that regard: the Welcome Pack, and the How to Get Support guide. The terms of the Welcome Pack and How to Get Support guide are incorporated into and form part of this contract. We may update these policies from time to time to improve the program. If we do, we will notify you of the changes.
8 AUTO-RENEWAL
8.1 Pupils on our programs are automatically renewed unless you tell us that you do not wish to renew your subscription. We will write to you at least two weeks ahead of the new program informing you that your pupil will be automatically enrolled for the next 14 weeks. Please let us know if you do not wish to renew your subscription and your pupil’s details will be removed from our class.
8.2 Auto-renewals represent a new contract between you and us effective from the date of the Auto-renewal Email. The new program will start shortly after the conclusion of the previous one, we will confirm the precise start date closer to the time. You will have a new cooling-off period to change your mind as set out in section 8. The cooling-off period will expire 14 days after our Auto-renewal Email rather than the Thank You Email. In the Auto-renewal Email, we will also let you know whether we have made any changes to the current subscription fee and these terms & conditions.
9 COOLING-OFF PERIOD
9.1 You have the right to cancel this contract within 14 days without giving any reason. However, if we supply tuition during the cooling-off period, you will still be required to pay for it if you cancel during the cooling-off period. This is further explained below.
9.2 The cooling-off period expires 14 days after our Thank You Email in section 6.2.4. To exercise your cancellation right, you must write to us requesting cancellation during the cooling-off period. Please use the contact information in section 2.2.
9.3 When you subscribe to the program, you acknowledge that you will be required to pay for the program commenced if you choose to cancel during the cooling-off period. If you cancel the subscription during the cooling-off period, we will reimburse all fees received from you minus the classes supplied. We will make the reimbursement within 14 days after your cancellation using the same payment method used by you.
10 ABOUT OUR TUITION
10.1 Your subscription is for a place on our tuition program. Since you are paying for a place on our tuition program, our subscription fee is payable for the duration of the program, irrespective of your attendance record. This means that you pay our Subscription Fee in section 11 whether the pupil attends the classes or not and we do not issue refunds or credit notes for missed classes.
10.2 The tuition program is delivered in a virtual classroom comprising of up to 15 pupils. It is not a one-to-one tuition program. One-to-one classes may be arranged at your request subject to additional fees. Please contact us if you wish to order bespoke tuition services.
10.3 The tuition program will be delivered virtually via conference calls only. There is no offline face-to-face contact. You are responsible for supplying the pupil’s equipment and internet connection.
10.4 Your subscription comprises of 1 hour of weekly tuition. Classes typically take place twice a week or more depending on programme selection, and subject to national holidays in the UK. Please note that we do not run classes on national holidays and no replacement classes, credit notes, or refunds are offered for those classes that fall on a national holiday. Top-up classes may be arranged at your request subject to additional fees. Please contact us if you wish to order bespoke tuition services.
10.5 Any additional or bespoke tuition you order will be subject to these terms and conditions as well.
10.6 We supply the tuition using the reasonable skill and care required by law (“Professional Standards”). Although we use Professional Standards, we do not guarantee our tuition will produce a specific academic outcome for your pupil because there are numerous factors beyond our control that contribute to a pupil’s academic success (such as the pupils’ physical and mental health and the
quality of their mainstream education).
10.7 The tuition program is designed to supplement mainstream education and is not designed to replace mainstream education. We expect pupils to participate fully in mainstream education whilst attending the program.
10.8 Our tuition programmes are meticulously designed around the UK curricula, encompassing all relevant UK exam boards. This comprehensive approach ensures that students are well-prepared across the full spectrum of subjects required for their specific examinations. Please note that:
10.8.1 We have sole discretion over the content, pace, and method of the tuition program.
10.8.2 The timing of our syllabus may differ from that of pupils’ schools. This means that topics covered at school may not be simultaneously covered at the academy. Pupils may therefore be introduced to new topics at the academy ahead of their school’s schedule and vice versa. As you may be aware, schools in the UK have autonomy on how and when to teach the curriculum so it is not always possible to align the tuition program with various schools’ teaching schedules.
10.9 Our program tutors are qualified to teach the curricula, however, you should be aware that some of them are based outside the United Kingdom. The program may be taught by different tutors from time to time so you may not have the same tutor from start to finish of the program. We have sole discretion over which tutors are assigned to various programs so you cannot select a preferred tutor for your pupil.
10.10 We monitor your pupil’s progress via in-class and half-termly assessments. Your pupil’s assessment results will be available to view via our tuition platform. This is our main feedback mechanism; we do not generally offer one-to-one feedback sessions. Please contact us if you have any difficulty accessing your pupil’s assessment results.
10.11 Access to academy material is restricted to pupils on our programs. You should never grant access to our platform and/or materials to a non-program member whether intentionally or unintentionally. For instance, siblings cannot sit into sessions in the background unless they are formally enrolled on the program. We may end your subscription immediately (without refund) if we suspect you are abusing the program. We may also seek compensation from you if we suspect you
have abused our program in any way.
11 FEES AND PAYMENT
11.1 You agree to pay the subscription fee for your tuition program. The subscription fee for your program is the one advised during the order process in section 6.2 (“Subscription Fee”). All fees are in pounds sterling (£)(GBP). You must pay our Subscription Fee as set out in this section 11. If you order bespoke tuition services, you agree to pay us any additional fees in accordance with this section as well.
11.2 The Subscription Fee will be split into monthly instalments, (except for special discount offers or bespoke services which are payable upfront). We will advise you of your monthly instalments during the order process (“Monthly Instalment”) in section 6.2.
11.3 The Monthly Instalments are payable in advance. We shall collect the Monthly Instalments via online payments every 28 days. We shall credit the payment card provided by you unless you indicate otherwise and the receipt shall be issued to the email address provided by you.
11.5 If your payment is late, we may charge you interest on the outstanding balance at a rate of four per cent above the Bank of England’s base rate. We will email you to let you know if we intend to do this.
12 LIMITATION ON LIABILITY
12.1 Except in the case of legal responsibility that cannot be excluded in law (such as for death or personal injury) or those arising under data protection law, we shall never be legally responsible to you for any of the following losses:
(a) losses that were not foreseeable to you and us when the contract was formed; (b) losses that were not caused by any breach on our part;
(c) business losses; or
(d) losses to non-consumers.
13 SUBSCRIPTION SUSPENSION
13.1 We do not offer a subscription suspension service, so it is not possible to pause your subscription once it has started. You should end your subscription if you do not wish to continue with the tuition. You have the right to end your subscription under certain circumstances, section 14 below sets out those rights.
14 YOUR RIGHTS TO END THE SUBSCRIPTION
14.1 You have the right to end your subscription under certain circumstances. Your right to end your subscription will depend on the length of your subscription, how we are performing and the timing of your termination.
14.2 Cancellation during the Cooling-off Period
The law states that for most products bought online you have a legal right to change your mind within 14 days of the order. If you cancel your subscription after we have started the tuition, you must pay us the proportion of the fees applicable to the tuition supplied up until the time of your cancellation request. More information about your right of cancellation during the cooling-off period is in section 9. If you wish to end your subscription in these circumstances, please email us at support@theimpact-academy.com to request a subscription cancellation stating the cooling-off period as the basis of your request.
14.3 Cancellation after the Cooling-off Period
After the Cooling-off Period, Tuition membership may be cancelled after 3 months (12 weeks) of total lessons. If you wish to end your subscription in these circumstances, please email us at support@theimpact-academy.com requesting a subscription termination.
14.3.1 In accordance with the conditions set out in paragraph 14.3 membership may be cancelled by providing written notice 30 days in advance, by email, to support@theimpact-academy.com. The amount owing within the minimum term set out in the member’s contract will be the cancellation fee.
14.3.2 When your subscription ends, it will not affect our right to recover any monies owed to us before your subscription ended.
15 OUR RIGHTS TO END THE SUBSCRIPTION
15.1 We are entitled to end your subscription with immediate effect if at any time:
15.1.1 you fail to pay any sum due under this contract by the payment date and the sum remains outstanding despite two written reminders issued to you;
15.1.2 in our reasonable opinion, we do not consider the tuition program is suitable for or in the best interests of the pupil; or
15.1.3 you or the pupil commits a serious or repeated breach or non-observance of any of the provisions of this contract including our CLIENT SERVICE GUIDELINES (for example, you or the pupil are abusive towards academy staff).
15.2 We shall write to you via email if we decide to bring your subscription to an end under section 15.1.
15.3 If your subscription is brought to an end under section 15.1 (except for sub-section 15.1.2), we may seek to recover compensation from you for the breach of contract in addition to any outstanding fees.
16 REFUNDS
16.1 You will not be entitled to a refund from us unless:
16.1.1 Your subscription is rejected or brought to an end; and
16.1.2 there is an overpayment calculated by deducting the total value of fees paid by you from the total value of tuition supplied by us before your subscription was brought to an end. If there is an overpayment, we shall refund it to you within 14 days from the subscription termination using the payment method used by you.
17 INTELLECTUAL PROPERTY RIGHTS
17.1 During the tuition, we may share educational materials with you such as publications, aids, formulas, checklists and other content owned by us or our licensors. When you use such content, you will not own it. Instead, we give you permission to use it for the purpose of receiving the tuition under this contract. You should not distribute, sell, publish or sublicense the content to any third party or use it for any commercial purpose whatsoever. Brunson Education Group Ltd and our
licensors shall continue to own all intellectual property rights in or arising out of such content.
18 COMPLAINTS PROCEDURE
18.1 We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service we have provided, you should inform us immediately so we can do our best to resolve the problem. You can email us at: support@theimpact-academy.com.
19 EVENTS BEYOND OUR CONTROL
19.1 We are not liable to you if we fail to comply with these terms & conditions because of circumstances beyond our reasonable control. If the tuition program is affected by events beyond our reasonable control, we will keep you updated with regard to timescales for its resolution. Once the tuition program resumes, we will repeat any cancelled classes (at no additional charge) so pupils receive the full benefit of the program.
19.2 You may end your subscription immediately if we inform you a program interruption is likely to exceed four continuous weeks or if an interruption exceeds four continuous weeks.
20 THIRD PARTY RIGHTS
20.1 No one other than a party to this contract has any right to enforce any term of this contract.
21 DISPUTES
21.1 In the event that a dispute arises between the Parties then the Parties agree and accept that they will negotiate in good faith to settle such dispute. If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action in the venue stated below.
21.2 In the event of a dispute between the Parties, the parties agree that neither will engage in any conduct or communications, public or private, designed to disparage the other.
21.3 Any disputes arising under this Agreement or Your participation in our Programs shall be governed by the laws of the United Kingdom without regarding its principles of conflicts of law. Any dispute arising under this Agreement or Your participation in our Programs shall be submitted to a court located in The United Kingdom, which shall have exclusive jurisdiction over the dispute and to which jurisdiction the Parties irrevocably submit.
Brunson Education Group Ltd (company no. 13779556) | Address: 20-22 Wenlock Road, London N1 7GU Email: support@theimpact-academy.com |
