ANY PERSON OR ENTITY ("User" or “You”) USING OR OTHERWISE ACCESSING THE SITE AT www.educateprivate.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("Agreement").
IMPORTANT NOTICE: The general information available from the Site should not be considered personal advice and is not intended to replace bespoke consultation with a qualified education professional.
1. Contracting parties. The Site, together with all content, data and other materials contained therein (“Content”) are owned or controlled by Educate Private Limited, a company incorporated in England with its registered office at 64 Wilbury Way, Hitchin, Herts, SG4 0TP, UK (operating from offices at 76 Blenheim Crescent, London, W11 1NZ, UK). Educate Private Limited is referred to in these terms and conditions as "we", "us", "our" or “Educate Private”. When you register with (or otherwise access) the Site, you are contracting with Educate Private. You must be 16 years of age or older to register or use the services available via the Site. By continuing to use such services, you are warranting that you are at least 16 years old and you have the authority to enter into this Agreement.
2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via email@example.com and we will close your account as quickly as possible. Please note that you will be responsible to Educate Private and to others for all activity that occurs under your registration account.
4. The Services. The Educate Private service provides users with assistance relating to school placements and with finding and securing an appropriate school places at independent schools in the UK, or universities in the UK or US (the “Services”) and downloadable products (“Products”) related to education. Such placement assistance may include any or all of the following: (i) Assessment (professional assessment of overall educational level and academic abilities); (ii) Consultation and information and/or advice pursuant to User’s requirements; (iii) Review and research of applicable available schools and provision of recommendations; (iv) Administrative assistance with registrations, arranging visits, etc.; and/or (v) Arrangement of personal tutoring services, as necessary or recommended. All Services are provided on a project-specific fee basis. Educate Private also provides or arranges “Homestays” in the UK. The Services are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
5. Content. The Site and the Content are intended only for the purposes specified or implied therein, and your use of the Site and/or all Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Educate Private, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out within the Site and the Content (or under UK or local law).
6. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to firstname.lastname@example.org. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
8. Credit Cards. Payments for Products or Services purchased via Educate Private must be by credit or debit card (which may include Visa Debit, MasterCard, Maestro and/or American Express). All credit/debit cardholders will be subject to validation checks and authorisation by the card issuer before any purchase can be completed. If your card issuer refuses to authorise payment, your order will be cancelled. If you card issuer accepts authorisation, your card will normally be debited immediately. By using your credit or debit card, you confirm that the applicable card is yours, that there are sufficient funds or credit available to cover all agreed payments and charges, and that you have complied and will comply with applicable law governing such card use in your home territory.
9. Liability. You agree that the liability of Educate Private to you hereunder shall be limited to the amount you have actually paid to Educate Private for Products or Services (or, if greater, GBP100). Except as set out herein, Educate Private shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Educate Private.
10. Warranties. SAVE AS EXPRESSLY PROVIDED HERENUDER (AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY), ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EDUCATE PRIVATE, AS WELL AS ANY PROVIDER, MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES IS AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.
11. Indemnity. You agree to indemnify Educate Private for any loss or damage that may be incurred by Educate Private, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material obtained through the Site and/or the Content.
12. Termination of this Agreement. Educate Private may at any time terminate this legal Agreement, in our sole discretion without prior notice to you (and if applicable without reimbursement), if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. For the avoidance of doubt, you acknowledge that we have the right, at our sole discretion, to terminate your account, or limit or deny access to the Site, or limit the amount of storage space, bandwidth, or other resources you may use at any time.
13. Complaints. If you believe that you are the owner of the copyright or other rights in any material appearing on the Site, or if you have any other complaint about the Site or any Content or other posted materials, please contact us via email@example.com. If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via firstname.lastname@example.org (making sure to include both the specific location (URL) for the non-complying content and the reasons you believe it does not comply).
14. Trade Marks. The brands, products and service names used in the Site and/or the Content (including without limitation, "Educate Private”) are trademarks or trade names of Educate Private or its trading partners unless otherwise stated.
15. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site and/or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. Educate Private will cooperate with the authorities in prosecuting any User who Interferes with the Site or the Content or otherwise attempts to defraud Educate Private or any other parties through your use of the Site or the Content or any services provided hereunder. Educate Private reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Content and/or the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
16. No Partnership. Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.
17. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
18. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
19. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
20. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
21. Variation. This Agreement may be varied from time to time by our posting new terms on the the Site, and any such amendment will be applicable to all users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
22. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
23. Contacting Us. If you have any questions, please email us via email@example.com.