Terms & Conditions

Introduction

1. The Happy English UK Website helps Students to book, pay for, review and manage online English language lessons.
2. This Website is owned and operated by Happy English UK Ltd. We are a private limited company registered in England and Wales under company number 11686276. Our registered office is at Beighton Business Centre, 52a High Street, Beighton, Sheffield, South Yorkshire, United Kingdom, S20 1ED. Our other contact details are specified on our Website.
3. These terms and conditions cancel and replace any previous versions.
4. By registering on or using our Website, you agree to be bound by these terms and conditions. (Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Website in future.) If you do not wish to be bound by these terms, you should not use the Website.
5. Where you communicate on behalf of a company/organisation, you agree that you have authority to act on behalf of that entity.
6. Important phrases are defined in clause 11 (Definitions) of these terms and conditions and are capitalised throughout.

Happy English UK’s Rights & Responsibilities

1. To maintain a functioning Website, including communication systems, a booking platform and member dashboard, wherever possible.
2. To communicate any planned maintenance of the Website or downtime.
3. To use reasonable endeavours to keep the Website free from viruses and worms.
4. To use reasonable endeavours to check the identity of all Teachers and the background checks of Teachers.
5. To communicate new purchases of Lesson Packages, confirmation of Bookings and cancellations to Students via email and in the member dashboard section “My Lessons.”
6. To endeavour to ensure Complaints are considered promptly and in accordance with Happy English UK’s Complaints policy.
7. To endeavour to ensure that any refunds or re-credits to Students are made promptly in accordance with these terms and conditions.
8. To take precautions we consider reasonable to protect Students’ information.
9. Teachers must allow at least 15 minutes from the scheduled start time of a Lesson for Students to attend the Lesson.
10. Should Happy English UK find that a Missed Lesson occurred due to any failure of Happy English UK to meet the terms set out in clause 2 of these terms and conditions, Happy English UK will re-credit a lesson to the Student’s Member Dashboard.

User Responsibilities

1. Users are responsible for their own security in conjunction with our services, both online and offline.
2. Users are solely responsible for the material they post on the Website, including messages sent, and they must not post defamatory, offensive, politically sensitive or illegal material.
3. Users must immediately report to Happy English UK any defamatory, offensive, politically sensitive or illegal material they view on our Website.
4. Users are responsible for their own internet security when using the Website.
5. Users must contact Happy English UK 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 Happy English UK that they believe their password has been compromised.
6. Users must not promote opportunities or services of any company in direct competition with Happy English UK on the Website.
7. Users agree to abide by the Privacy Policy provided through the Website.
8. Any User who fails, in Happy English UK’s opinion (which need not be reasonable), to comply with these terms and conditions may be immediately barred from using the Website and any related services. Happy English UK reserves the right to cancel any existing bookings in such circumstances.

Student Responsibilities

1. Happy English UK takes no responsibility for the acts or omissions of Students or visitors to the website and is solely responsible for its own acts or omissions.
2. Students must be at least 18 years old to book a lesson 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. Happy English UK is not responsible for any dispute regarding parental consent.
3. Students must ensure that all of their personal details and contact information are accurate and up-to-date.
4. Bookings must be made more than 24 hours in advance of the start time of the Lesson.
5. Students are responsible for checking that any alterations to Bookings made by Happy English UK on their behalf are done so correctly and understand they will be informed of these alterations by email (except where a student has chosen to alter their notification settings to exclude email communications) and through the member dashboard “My Lessons” on the Website only.
6. Students are responsible for ensuring that they have the correct equipment and a sufficiently stable, high-speed internet connection 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, save where such inability to access the Online Classroom arises as a result of Happy English UK failing to provide the services outlined in cause 2 of these terms and conditions. We recommend a minimum download speed of 10mbps.
7. Any Student who fails, in Happy English UK’s opinion (which need not be reasonable), to comply with these terms and conditions may be immediately barred from using the Website and any related services. Happy English UK reserves the right to cancel any existing Bookings in such circumstances.

Payment

1. The Lesson Package Fee includes any applicable VAT or other sales tax.
2. Happy English UK reserves the right to increase or alter package prices without prior warning. Packages already purchased will remain valid and not be affected.
3. Students will have the full lesson credit deducted from their account, provided the Teacher attended the Online Classroom for at least 15 minutes from the Lesson’s scheduled start time. No charge will be made to the Student if a Teacher does not attend for at least the first 15 minutes of a Lesson and, therefore, give the Student sufficient opportunity to attend.
4. If a Lesson does not take place because a Student does not attend via the Online Classroom, the Student will have the full lesson credit deducted from their account.
5. Payment processing services on Happy English UK’s Website are provided by Stripe Payments Europe, Ltd trading as Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom (together, the “Stripe Terms”).

Child Protection

1. Happy English UK seeks to provide the best service possible and provide a safe experience in which children can enjoy learning.
2. Any User who is the parent of a child under the age of 18 who has a Lesson should monitor and supervise the content of Lessons to ensure the safety of their child.
3. All Users must comply with the The Tutors’ Association Child Protection Policy, whether or not they are a member of The Tutors’ Association, and all relevant legislation and government guidance. The Policy can be found at this link: https://img1.wsimg.com/blobby/go/1a668a6b-1c3c-4fdd-ad54-243a369a420a/downloads/1cksgq6k5_30316.pdf
4. If any User has a concern regarding child protection, they must contact Happy English UK immediately.
5. Happy English UK’s designated Child Protection Officer is Jennifer Edwards.

Disclaimers and Limitation of Liability

1. Nothing in these terms and conditions in any way limits or excludes our liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.
2. All Users must give us a reasonable opportunity to remedy any matter for which we are potentially liable before incurring any costs remedying the matter themselves.
3. If you are a User, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
   • there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
   • such loss or damage was not reasonably foreseeable by both parties; or
   • such loss or damage is caused by you, for example by not complying with these terms and conditions.
4. If you are a User, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of these terms and conditions or misuse of our Website (subject of course to our obligation to mitigate any losses).
5. The following clauses apply only if you are not a consumer:
   • To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions. In this clause, any reference to us includes our employees and agents.
   • Our liability of any kind (including our own negligence) with respect to our Website for any one event or series of related events is limited to £100 or the total Platform Fees paid by you in the 12 months before the event(s) complained of, whichever is higher.
   • In no event (including our own negligence) will we be liable for any:
     • economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
     • loss of goodwill or reputation;
     • special, indirect or consequential losses; or
     • damage to or loss of data (even if we have been advised of the possibility of such losses).
   • You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Website and/or breach of these terms and conditions.
   • These terms and conditions constitute the entire agreement between us with respect to their subject matter and supersede any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these terms and conditions is excluded.

Intellectual Property

1. When submitting material to Happy English UK, Students also grant to Happy English UK a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material.

Changes to these terms and conditions

1. We may change these terms and conditions by posting the revised version on our Website at least 14 days before they become effective. Please check our Website from time to time. You will be bound by the revised terms and conditions if you continue to use our Website or the services following the effective date shown.

Governing Law & Jurisdiction

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.
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.

Definitions

1. “Booking” means the booking attached to an individual Lesson on the Website.
2. “Complaint” means a claim by a Student that either the service provided by a Happy English UK falls below the standards the Student expected or that there was a Missed Lesson.
3. “Content” means all information of whatever kind (including information, service provider listings, profiles, Reviews), published, stored or sent on or in connection with our Website.
4. “Lesson” means, unless otherwise specified, a tuition lesson between a Student and a Teacher, using the designated online platform.
5. “Lesson Package” means a group of lessons as purchased through the Website.
6. “Missed Lesson” means a claim by a Student that they have not received a Lesson with a Booking on the Website.
7. “Online Classroom” means the designated online lesson space which is made available to Users following the booking of Online Lessons.
8. “Online Lesson” means a tuition lesson between a Student and a Teacher delivered through the designated online lesson space.
9. “Review” means any review, comment or rating.
10. “Stripe Terms” means the terms set out by Stripe Payments Europe, Ltd trading as Stripe, as set out within the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom.
11. “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 will be their parent or guardian.
12. “Teacher” means a User who is employed as a teacher or is a director of Happy English UK or a franchise of Happy English UK.
13. “Happy English UK” means the company Happy English UK Ltd (company no. 11686276) trading as Happy English UK with its registered office address at Beighton Business Centre, 52a High Street, Beighton, Sheffield, South Yorkshire, United Kingdom, S20 1ED. Any reference to ‘we’, ‘us’ or ‘our’ refers to the company Happy English UK Ltd.
14. “User” means a person who uses our Website (whether or not they have registered an account with us).
15. “Dashboard” or “Member Dashboard” means the section of the Website titled “Dashboard”, available to registered Users of the Website.
16. “Website” means the website on the domain https://happyenglishuk.com