Terms of Service
LANTERNA EDUCATION - TERMS OF SERVICE
Last updated: 20 June 2022
Information about Lanterna
These terms and conditions (the "Terms") are applicable to all services provided by Lanterna Education Ltd. (06835000) ("Lanterna", "us", "our" or "we") to our customers ("you").
You may contact us by using any of the contact details set out below ("Contact Information"):
Telephone number: +44 20 4571 0455
Email address: email@example.com
Agreeing to the Terms
By creating an Account, making a Booking, or using the Services you agree to the Terms and the Ancillary Terms, which should be read in conjunction with the Terms. You may also be requested to confirm your acceptance with these terms in connection with a Booking. If you do not agree to these Terms, you must not create an Account, make any booking, or use the Services.
If you are creating an Account, making a Booking, or using the Services as a parent or guardian of a Student, you are responsible for ensuring that the Student is made aware of and complies with the Terms and the terms of the other documents set out above,
Changes to the Terms
We may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email. We will then inform you that it is important to object if you do not approve of the changes. If we do not get such objection within 30 days after the changes were communicated, we will assume that you approve of the changes. We will also assume that you accept the changes where you enter into an agreement for the Services with us by, for example, continuing to use the Services or making new Bookings, after the new conditions have been submitted. The latest version of the Terms will be available on the Site.
In these Terms, the following words will have the following meaning:
"Account" means the account that you register and create on the Site.
“Booking” means an order placed by you through the Site of a Subscription, Package or Course.
“Course” means a prepaid online group course, which may include revision courses or workshops, at predetermined dates and times as detailed in the Booking.
“Course Session” means an online group session led by one or more Tutors which forms part of a Course.
“Package” means a prepaid package of the number of available Tutoring Hours set out in the Booking.
"Services" means the services in the form of Tutoring Hours or Course Sessions ordered by You as set out in each Booking, which may include Subscriptions, Packages or Courses.
“Student” means the student named in the booking.
“Subscription” means a subscription for the Subscription Period for a given number of Subscription Hours available in relation to the relevant Tier, as set out in the Booking.
“Subscription Hours” means the amount of Tutoring Hours available in each month (counted from the calendar day on which the subscription was concluded) of the Subscription Period, which can be either two, four, eight, twelve or sixteen hours.
“Subscription Period” means the aggregate period for which the Subscription applies and in which each month the relevant number of Tutoring Hours may be used.
“Teaching Materials” means any materials such as online tests, tutorials or downloadable content made available to you in connection with the provision of the Services.
“Tier” means the Tutor tiers available in respect of Subscriptions which correspond to the qualifications of the Tutor available for booking of Subscriptions comprising, in falling order of, (i) standard, (ii) higher, and (iii) top.
“Tutor” means a tutor appointed by us in accordance with these Terms.
“Tutoring Hours” means online one-to-one tutoring or academic guidance provided by a Tutor to the Student, as further described on the Site.
“Tutor Session” means a scheduled session for Tutoring Hours.
To create an Account, you must be either at least 18 years old or a parent or guardian of the Student.
You are not allowed to transfer the Account to others, except to the Student for purposes of receiving the Services, and you may only sign up one Account.
Once an Account has been established, you can order Services through making a Booking in accordance with the instructions on the Site. You may order Subscriptions, Packages or Courses. These Terms will apply to any Booking.
Our confirmation of your order will take place when we email you an explicit Booking confirmation, at which point a contract will come into existence between you and us for the relevant Services. We reserve the right to reject any Booking, for example due to capacity restraints, up until a Booking confirmation has been provided. If we are unable to confirm your order, we will inform you of this in writing and refund any fees paid for such order. Notwithstanding the foregoing, in respect of a Course Session, we reserve the right to change the date or time of any Course Session by prior notice to you, which we will endeavour to provide at least 24 hours before the Course Session.
For Subscriptions and Packages
Following acceptance of a Booking of a Subscription or Package, we will connect you with a Tutor within five business days. The Tutor will email you to arrange for an introductory session. It is your responsibility to reply to such email, failing which, we may need to arrange for a replacement Tutor and you may lose out on Tutoring Hours under the Booking without any right to refund.
The dates and times for the respective Tutor Sessions will be scheduled as between you and the Tutor.
In respect of Subscriptions, note that if your Booking concerns the Tier “top”, you may also use your Subscription Hours in relation to Tutoring Hours in the Tiers “standard” or “higher” and Tier “higher” may be used also in relation to Tutoring Hours within the Tier “standard”. The Subscription Hours may further be used in relation to multiple subjects as follows:
Following acceptance of a Booking of a Course or in any event no later than 24 hours before each Course Session, you will receive invites via email, to the email used in the Booking, to the Course Sessions. It is your responsibility to ensure that you are able to join the course and you are not entitled to any refund if you do not participate regardless of reason. It is at our discretion to appoint a suitable Tutor to lead each Course Session.
The Tutoring Hours or Course Session, as the case may be, will take place online (or via Skype, Microsoft Teams, Zoom, or any similar platform). In respect of Tutoring Hours, The Tutor will be responsible for sending out email invites to join each Tutor Session using the agreed email address.
Where the platform through which the Services are delivered permit, we may record sessions. By participating in each session, or by allowing the Student to participate if you are a guardian or parent, you consent to any such recording.
We also refer to our Online Tutoring Safeguarding Policy (https://lanterna.com/staying-safe-online/) for further information on how we seek to ensure the highest possible standard of safeguarding the privacy and personal safety of the Student. We also ask you to immediately contact us using the Contact Information if you have any safeguarding concerns relating to the Services.
The Services will be provided with reasonable skill and care. Where we always strive to unlock students’ potential and maximise their results, we do not make any commitment that the Student will obtain any particular result as a result of the Services.
If your Booking concerns Services relating to official assignments, such as internal assessments or extended essays, it is up to you to ensure that you or the Student is allowed to receive Services in relation to such assignments.
All of our tutors have completed the studies of relevance for the curricula so thought and have undergone our standard recruitment process.
We reserve the right to change your Tutor from time to time.
There will be no agreement or contract between you and the Tutor but your rights and obligations relating to the Services are solely between you and us.
Our tutors are either employees or independent contractors of Lanterna. Accordingly, you may not during the term of our Services and for a period of twelve months thereafter, directly or indirectly, acquire or solicit to acquire any services directly from the Tutor. Without prejudice to any other remedies being available to us upon such breach, we reserve the right to charge you a fee of up to an amount corresponding to the aggregate compensation paid by us to the Tutor in the last twenty four months (or if the Tutor has been engaged for a shorter period, the average monthly compensation paid by us to the Tutor multiplied by twenty four).
Use of the Site and Services
When you use the Site or the Services, you and the Student must always comply with all applicable laws, regulations and public orders. You and the Student may not access the Site other than through interfaces provided by us and as otherwise expressly authorised under these Terms. You and the Student may not use the Site or the Services in a manner contrary to our, or any third party's, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.
You agree to be responsible for all activities, including the Student’s, that occur under your Account. Credentials for your Account must be kept secure at all times, and you are forbidden to share data relating to your Account with any third parties, except to the Student in order to receive the Services. Should you suspect that your Account or your credentials have been or are being used by a third party you must contact us immediately by using any of our Contact Information.
We may have to suspend the supply of any of the Services to:
- Deal with technical problems or make minor technical changes.
- Update changes to the Services to reflect changes in applicable laws and regulatory requirements.
If reasonably practicable, we will contact you in advance in case we need to suspend the supply of any Services.
We are entitled to decline or adjust an order from you and close down your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account. This shall also apply if you or the Student fail to comply with these Terms (for example if you have not paid for the Services in time) or other mandatory provisions by law. Upon occurrence of any of these events, we may contact you and request that you remedy your breach of these Terms.
Customer satisfaction guarantee
This customer satisfaction guarantee applies if you have ordered a Package of at least ten Tutor Hours or a Subscription of at least ten Tutor Hours in each Subscription Period (but does not apply to any Course or Course Session).
If you are not 100% satisfied with the Services after having received at least two, but not more than five, Tutoring Hours, we welcome you to contact us using the Contact Information as soon as possible providing reasonable detail as to why you are not satisfied with the Services.
Upon receipt of a dissatisfaction notice from you, we will, based on the details provided by you, appoint a new Tutor to provide the Services to you. If, after having received at least two, but not more than five, hours of Tutoring with the new Tutor, you are still dissatisfied with the Services, we will issue a full refund to you following which these Terms will terminate.
PRICES AND PAYMENT
You must pay all applicable fees as set out and described on the Site for the Services that you have selected. The prices for the Services are set out on the Site and include any explicitly set out relevant delivery costs, value added tax (VAT) or other fees and taxes. The price of the Services provided to you will be the price indicated on the Site.
Packages are prepaid and are thus paid in full by you upon making your Booking. The Tutoring Hours pursuant to the Package will only be bookable for Sessions in respect of the subject and assignment set out in the Booking.
We have the right to change the prices for Packages from time to time. However, any such change will not affect any Booking of a Package for which a Booking confirmation has been issued to you.
Except as explicitly set out below regarding withdrawal rights, the payment for a Package is non-refundable and any Tutoring Hours not used within twelve months from the Booking confirmation by reasons attributable to you, for example through failing to show up to or cancel Tutor Sessions or not participating in arranging for the Tutor Sessions to be scheduled, will lapse following such period without any right of refund.
Payment for Subscriptions are either made monthly in advance or prepaid for the whole duration of the Subscription Period. If you choose to pay monthly, each payment will cover the next month of Subscription during which you will have access to the Services.
We have the right to change the prices for Subscriptions from time to time. However, any such change will not affect any Booking of a Subscription (and the relevant Subscription Period) for which a Booking confirmation has been issued to you.
Except as explicitly set out below regarding withdrawal rights and the right to pause certain Subscriptions, the payment for Subscriptions is non-refundable, and any Tutoring Hours not used within each month of the Subscription Period by reasons attributable to you, for example through failing to show up to or cancel Tutor Sessions, or not participating in arranging for Tutor Sessions to be scheduled, will lapse following such period without any right of refund.
Your Subscription, and these Terms, will then terminate automatically upon expiration of the Subscription Period.
Courses are either prepaid and are thus paid in full by you upon making your Booking or, if this alternative is available to you when making your booking at our discretion, you may pay a non-refundable deposit. If you pay a deposit, the outstanding fee must be paid no later than fourteen days before the first Course Session. The Booking will be eligible only for use in respect of the Course Sessions specified in the Booking.
We have the right to change the prices for Courses from time to time. However, any such change will not affect any Booking of a Course for which a Booking confirmation has been issued to you.
Except as explicitly set out below regarding withdrawal rights, the payment for a Course is non-refundable and failing to show up to any Course Sessions will be without any right of refund.
Cancellations and no-shows
You may cancel any individual Tutor Session by contacting us using the Contact Information or the Tutor no later than 24 hours before each Tutor Session. You will not be entitled to any refund due to such cancellation but the Tutoring Hours of the cancelled Session will not be calculated towards your available Tutor Hours pursuant to your Package or Subscription. If the Student does not attend a Tutor Session or the Tutor Session is not cancelled at least 24 hours before it is supposed to take place, the Tutoring Hours will be regarded as used in relation to your Package or Subscription. Given that Course Sessions involve multiple participants, we unfortunately cannot offer you any right of cancellation or refund but if you contact us well in advance of any Course Session that you cannot attend we may be able to offer a complementary Course Session (but are under no obligation to do so).
If we need to rearrange or cancel a Tutor Session, we (or the Tutor) will contact you as soon as possible via email to cancel and reschedule such Tutor Session. Subject to your participation in rescheduling the Tutor Session, the Tutoring Hours of such cancelled Tutor Session will not be regarded as used in relation to your Package or Subscription. Neither will we deduct any Tutoring Hours of a Tutor Session that does take place as a result of the Tutor not showing up. In respect of Course Sessions, we reserve the right to change the date or time of any Course Session by prior notice to you, which we will endeavour to provide at least 24 hours before the Course Session.
If you have a Subscription that is at least twelve months, you are entitled to pause your Subscription as set out below.
|Subscription Period||Optional pauses|
|12-17 months||One pause (one month)|
|>18 months||Two pauses (one month each)|
If you want to pause your subscription, you will need to notify us in writing. Each pause will correlate with the Subscription months of your Subscription meaning that the pause will, upon receipt of notification, apply for the whole following month of your Subscription (and may not be shorter or longer) and your Subscription Period will be extended accordingly. You will not have any access to the Services during the pause, and, if you have chosen to pay monthly, we will not bill you for the month(s) in which your Subscription is subject to a pause.
We offer payments in cooperation with Stripe Payments Europe, Ltd. (“Stripe”) by way card payment or direct payment.
On your payment, the third party processor's/provider's terms and conditions will apply (https://stripe.com/gb/legal). You may be requested to identify yourself and credit reports may be pursued by the third party processor/provider and you consent to us providing any information we require to Stripe to provide their services. Where we use a third party for payments, we will not have access to or store any payment information.
The Services may be paid for by credit or debit card. You must keep the payment information accurate and up-to-date.
TERM AND TERMINATION
These Terms commences upon creation of an Account with us and will remain in force:
- In respect of Packages, for as long as there are bookable Tutoring Hours remaining pursuant to the Package (i.e. up to twelve months from the Booking confirmation).
- In respect of Subscriptions, during the Subscription Period (as renewed from time to time in accordance with these Terms).
- In respect of Courses, until the last Course Session pursuant to the Booking has taken place.
Notwithstanding the foregoing, we may terminate our contract with you (in whole or in part or) with 24 hour’s notice if:
- You or the Student breach the Terms or any Ancillary Terms.
- You are overdue in respect of any payment obligation to us (in which case we also reserve the right to require interest on late payment in accordance with applicable law).
Upon termination, your right to access the Services will be revoked immediately regardless of whether you have outstanding bookable hours pursuant to your Package or Subscription. You will immediately pay all outstanding unpaid Fees without any right of refund except pursuant to your withdrawal right. We will also delete or anonymise any personal information about you, with exception for any personal information that we are required to keep by law.
Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.
In the event that you have any complaints about the Services, you may make a complaint by using any of our Contact Information.
Your rights in the event of defects
We are under a legal duty to supply services and products that are in conformity with our contract with you.
For detailed information concerning your legal rights as a consumer, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
Sometimes we may not complete the Services within the period agreed between us (and you have not caused this delay). You can in the event of delay:
- Require that we fulfil the Services.
- Where the purpose of the Services has forfeited, and we ought to have understood that, you may terminate the agreement.
- Claim damages (you may claim economic damages for any damage caused by the delay).
Third party services as a part of our Services
Sometimes we may rely on third party services or product providers. Such providers act beyond our reasonable control and we shall not be held liable for any damages caused by an action or omission attributable to them.
Our responsibility for loss or damage suffered by you
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business or school user
Notwithstanding anything to the contrary herein, if you are a business or school user, we exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use of, or inability to use, our site.
- Use of or reliance on any content displayed on our site.
In particular, we will not be liable for (in each case, whether direct or indirect):
- Loss of profits, sales, business, or revenue.
- Business interruption.
- Loss of data or Information.
- Loss of anticipated savings.
- Loss of business opportunity, goodwill or reputation.
- Any indirect or consequential loss or damage.
We are not responsible for viruses and you must not introduce them.
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
Defects and delays beyond our control (force majeure)
We are not responsible for delays and defects outside our control. If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to end the agreement and receive a refund for any Services you have paid for but not received.
Right of withdrawal
In accordance with the Consumer Contracts Regulation 2013 you have the right to change your mind and withdraw within 14 days from the day on which you acquire the Services.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by a clear written statement. Please contact us by using any of our Contact Information.
To meet the withdrawal deadline, it is enough for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you are a consumer and you withdraw from a contract with us, we will reimburse all payments received from you. Refunds will be processed by using the same means of payment as you used for the initial transaction.
Where we have already performed parts of the Services before you notify us your wish to withdraw, we are entitled to reimbursement at an amount proportionate to the amount payable for the full Services.
Your right as a consumer under the Consumer Contracts Regulation 2013 to withdraw does not apply if your withdrawal right is in respect of any of the below relating to products:
- digital products after you have started to download or stream these;
- services, once these have been completed, even if the cancellation period is still running;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
- any products which become mixed inseparably with other items after their delivery.
PROPERTY AND INTELLECTUAL PROPERTY RIGHTS
The Site is owned and operated by Lanterna. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in relation to the Services or in or to the Teaching Materials (including titles, graphics, icons, scripts, source codes, etc.) are our property or third party licensors' property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our written consent.
Notwithstanding the foregoing, you or the Student may subject to having made payment in full of your Booking, download a copy of any Teaching Materials onto your personal device for purposes which are personal and to make use of the Services only.
Respect for our property
You must not tamper with, attempt to gain unauthorised access to, modify, hack, repair or otherwise adjust any of our material, hardware, source-codes or information for any purposes.
Respect for our intellectual property
The Services and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property (including Teaching Material) for commercial or any other purposes without our written consent.
COMPLAINTS AND DISPUTES
If you have any complaints, please contact our support department by using any of our Contact Information.
Disputes regarding the interpretation and application of these Terms shall be resolved by the National Board for Consumer Disputes or by the competent ordinary court.
Please also note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at ec.europa.eu/consumers/odr.
Lanterna Education Ltd. is an entity registered in England and Wales.
Registered address: 1 Cottesbrooke Park, Heartlands Business Park, Daventry, Northamptonshire, England, NN11 8YL
Reg. No: 06835000