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terms & conditions

1. THE SERVICES
EnlightenMe shall provide the following Services:
- Sourcing appropriately qualified Tutors and proposing a suitable Tutor to the Client for the Student's tutoring needs.
- The sale of Tutoring Packages on behalf of Tutors.
- Introducing Tutors to Clients for Tutors to provide the Lessons.
- Coordinating Lesson scheduling.
- Administering and facilitating regular progress feedback reports by Tutors.
- Replacing Tutors for future Lessons if required.
- Collecting the Fees from Clients.
- Attending to any other reasonable administrative services for the purpose of the Tutor providing the Lessons to the Student.

2. RELATIONSHIP BETWEEN ENLIGHTENME AND TUTORS
The Client acknowledges that EnlightenMe does not employ Tutors, does not represent itself as a school, nor does it provide the Lessons.
Tutors are independent contractors, and EnlightenMe acts as an agent for Tutors to facilitate the relationship between the Tutor and the Client for the provision of Lessons to Students.

EnlightenMe is commissioned by Tutors to represent and support them, which includes Client-related support, negotiation of Fees, management of logistics, facilitation of value-added services, and collection, holding, and releasing of Fees payable to the Tutor, according to an agreement between the Tutor and EnlightenMe.

3. CONSENT REQUIRED FOR MINORS
Any Student under the age of 18 requires the consent or assistance of a Parent to legally enter into this Agreement.
EnlightenMe accepts no responsibility for invalid consent being provided by a Client. Any legal action taken against a minor as a result of their use of the Services or the Lessons is independent from EnlightenMe, and EnlightenMe will not be a party to any such legal action.

4. FEES AND PAYMENT
Fees:
The Client agrees to pay the Fees for the Lessons that will be provided in terms of the Lesson Package purchased.
EnlightenMe collects payment on behalf of the Tutors and will provide the Client with details setting out the number of Lessons that have been scheduled with a Tutor and the relevant cost.

Payment:
All Fees are due and payable as agreed between the parties, but at all times subject to a fee becoming due and payable immediately once a Lesson has been completed.

Manner of Payment:
All Fees must be paid to EnlightenMe only, who receives payment on behalf of Tutors. EnlightenMe will advise the Client on the relevant payment details and payment methods available, which may include:
- Credit or debit card payment.
- Debit orders, provided that the Client agrees to a fixed number of Lessons per month and completes the necessary debit order mandate.
- Electronic funds transfer (EFT), provided that the Client makes payment of the Fees upfront.
- Any other payment method made available by EnlightenMe.

Debit Orders and Recurring Billing:
Where a debit order or recurring billing is used to pay the Fees, the Client will receive the agreed number of Lessons every month until the debit order or recurring billing is canceled.
If the agreed number of Lessons are not used in a particular month, the Client and EnlightenMe shall agree to suspend the Lessons and carry them forward to be used by the Client in the future, subject to the terms of this Agreement.

Changes to Fees:
The Fees may change from time to time with 30 days' notice. Fee changes will not affect or change Lesson Packages already paid for.

Taxes:
All Fees include Value Added Tax (VAT). To the extent allowed under applicable laws, the Client is responsible for any other applicable taxes.

Third Party Payment Gateways:
If you pay the Fees through a third-party payment gateway, you will be required to agree to the terms and conditions stipulated by any such third party and agree to pay any fees that may be charged by the third party.

Additional Charges:
If you cancel a payment by instructing your bank to return your funds, or if the billing details provided are no longer valid, you will be liable to us or a third-party payment provider for any penalty incurred.

Foreign Currency:
If the Fees are described in a different currency to that which you use, you accept all risk for any currency fluctuations and undertake to pay the Fees in full in our stated currency.
You also agree to pay any levy arising from the differing currencies.

Exchange Control:
Where you make payment of the Fees from one country to another, you may be subject to exchange control regulations and limitations of the country from which the payment is being made. You agree that any limitation or regulation applicable to you must be accounted for to ensure payment of the Fees in terms of this Agreement.

No Direct Payment to Tutors:
The Client acknowledges EnlightenMe's role in accepting payment of fees for Lessons on behalf of the Tutor and agrees that all Fees will therefore be paid directly to EnlightenMe. The Client agrees not to pay Tutors directly under any circumstances. Any payments of Fees made to Tutors will not negate the Client's obligation to pay the Fees to EnlightenMe, and EnlightenMe will not be required to recoup any Fees paid to Tutors.

Late Payments:
Should the Client fail to make payment before the commencement of a scheduled Lesson, EnlightenMe reserves the right to suspend the Lessons until payment is received. Once payment has been received by EnlightenMe, the suspended Lessons may be rescheduled, subject to the Tutor's availability. This clause does not apply to Clients who make payment of the Fees via debit order and who have signed the necessary debit order mandate before the commencement of a scheduled Lesson.

Grace Period:
The Client may cancel any Lesson Package purchased from EnlightenMe within 14 calendar days of purchasing the Lesson Package, from the date of payment of the Fees, unless the Client has already started to receive the Lessons.
Once the Client has started to receive the Lessons, the Client's grace period right expires.

Refunds: In the event of canceling any unused Lessons in a Lesson Package, EnlightenMe will provide a pro-rata refund for the unused Lessons.

Reasonable Cancellation Fee:
Where this Agreement or a Lesson Package is canceled, the Client may be charged a reasonable cancellation fee in terms of applicable law. The cancellation fee will be determined by considering the circumstances and reasons for cancellation, the number of Lessons remaining in the Lesson Package purchased, the time remaining before the next scheduled Lesson, and the ability of EnlightenMe to find an alternative student to assign the Student's Tutor to. The minimum fee will be the equivalent of the price of one Lesson.

Payment of Refunds:
In the event of a refund being provided, EnlightenMe will credit the Client with the Fees being refunded within 30 calendar days of agreeing to the refund by making payment to the Client's bank account as nominated in writing.

Transaction Records:
EnlightenMe will make all documentation relating to transactions that have been concluded available via email.

5. LESSON PACKAGES AND LESSONS
Lesson Description:
The Lesson type (e.g. single Student or group of Students) and Lesson duration (e.g. 2 hours) of a Lesson Package purchased are fixed and cannot be modified without the express approval of EnlightenMe, which may be withheld if Tutors cannot be sourced for Lesson variations.
This is due to Lesson pricing being determined according to Lesson description parameters across the full Lesson Package. The Fees may change due to changes to the Lesson description, and EnlightenMe will provide the Client with an updated invoice in such cases.
The Client will be required to accept and pay the updated Fees in accordance with this Agreement to secure the updated Lesson description and schedule Lessons.

Late Arrival by Student:
Should the Student arrive late for a Lesson, such Lesson will not be extended and will end at the scheduled time according to the Lesson description. The Client shall make every effort to inform the Tutor of the estimated time of arrival.

Late Arrival by Tutor:
Tutors are obliged to arrive at Lessons on time. However, where the Tutor is late, the Tutor will inform the Client and EnlightenMe as soon as possible and provide an estimated time of arrival and the actual time of arrival.
The Client will be credited with the time that the Tutor was actually late, in increments of 5 minutes, redeemable at the Client's election or at the end of the Lesson, taking into account the Tutor's schedule and availability.

Signing of Lesson Schedules:
The Client must confirm the occurrence of Lessons by signing the Lesson Schedule provided by the Tutor at the end of each Lesson. The Client acknowledges and accepts that its signature or any other digital indicator (e.g a "tick" on a box, made by the Client) on the Lesson Schedule will be sufficient proof of the occurrence of each Lesson and that a Lesson Schedule may not be disputed after 30 calendar days from the date of each Lesson.

Additional Lessons:
Should the Client need to purchase additional Lessons at certain times, such as during exam periods, the Client and EnlightenMe will negotiate the Lessons, the applicable Fees, and schedule the Lessons accordingly, taking the Tutor's schedule into account.
The Client will be liable for payment of the additional Fees as agreed with EnlightenMe but may be required to make payment for the additional Lessons upfront via EFT. EFT payment for the additional Lessons is required where payment of the Fees for the usual Lessons is done via monthly debit order or recurring billing.
The Client acknowledges that the scheduling of the additional Lessons is dependent on the Tutor and that the Client may be required to receive the Lessons from a different Tutor.

6. RESCHEDULING OF LESSONS
Rescheduling of Lessons by Client:
The Client may reschedule Lessons to another date or time, subject to the Tutor's availability, by providing at least 12 hours' notice to the Tutor and EnlightenMe. If a Lesson is rescheduled with less than 12 hours' notice, the Client will be liable for the full cost of the Lesson.

Rescheduling of Lessons by Tutor:
Tutors may reschedule Lessons by providing at least 4 hours' notice to the Client and EnlightenMe. If a Tutor reschedules a Lesson with less than 4 hours' notice, the Client will receive a credit for the Lesson.

7. TERMINATION OF AGREEMENT
Termination by Client:
The Client may terminate this Agreement at any time by providing written notice to EnlightenMe. Any unused Fees for Lessons already paid will be refunded, subject to the reasonable cancellation fee as outlined in this Agreement.

Termination by EnlightenMe:
EnlightenMe may terminate this Agreement at any time by providing written notice to the Client. In such cases, any unused Fees for Lessons already paid will be refunded in full.

8. GENERAL
Amendments:
EnlightenMe reserves the right to amend these Terms and Conditions from time to time. Any such amendments will be communicated to the Client and will become effective 30 days after such communication.

Dispute Resolution:
Any disputes arising out of or in connection with this Agreement shall be resolved through negotiation between the parties. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation before resorting to arbitration or litigation.

Entire Agreement:
This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements or understandings, whether written or oral, relating to the subject matter of this Agreement.

Severability:
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

Waiver:
No waiver of any provision of this Agreement shall be effective unless made in writing and signed by the party against whom the waiver is sought to be enforced.