TERMS & CONDITIONS
1. Definitions for Website Use
1.1 Service(s) shall mean any or all of the website and other services provided by Conexus Educate.
1.2 The User relates to the individual who will use the Service under the terms and conditions described herein.
1.3 The Tutor relates to the individual who will deliver the private academic tuition (‘Grinds’) services to the User under the terms and conditions described herein.
1.4 Payment Service Provider refers to the Company responsible for collecting payments from the User in return for access to the Service(s).
1.5 The Website refers exclusively to Conexus Educate website at www.conexuseducate.com
3.1 The User will not be asked to pay for the Service until he/she has entered all the required information on the system.
3.2 All orders are accepted on the basis that the individual who is placing the order is liable for payment.
3.3 All services are non-refundable, except in extenuating circumstances; to be decided by management.
3.4 Refunds are only offered in the event that Conexus Educate is unable to provide the service for which a customer has registered.
3.5 In the event of a cancellation it is not the policy of Conexus Educate to return or refund fees/deposits paid, except in extenuating circumstances: to be decided by management.
3.7 Conexus Educate does not operate a minimum age policy for purchases.
3.8 All payments will be processed directly with Conexus Educate who shall send a monthly invoice to the User for tutor services and on an ad hoc basis for consultancy services. Payments must not be made directly to the Tutor at any time.
3.9 Payments must be made to Conexus Educate within 5 working days of the date of the invoice. Interest will be charged on any payment which is outstanding for more than 5 working days. Interest will accrue at a rate of 4% per month on all outstanding sums from due date until payment is received by Conexus Educate. All scheduled lessons can be suspended, at the discretion of Conexus Educate, if payment is not received within 5 working days.
3.10 The User shall ensure that each lesson is correctly logged by checking their invoices.
3.11 The fees will be calculated at a rate agreed in advance between Conexus Educate and the User. Conexus Educate reserves the right to change its rates at any time provided Conexus Educate gives the User prior written notice of such a change.
3.12 All expenses (including books and travel) must be agreed with the Tutor in advance. Travel costs will only apply if it is deemed that the Tutor the User selects will have to travel for more than 30 minutes to reach the User’s home: this will be decided on an ad hoc basis by the management of Conexus Educate and rates will be agreed between Conexus Educate, the User and the Tutor in advance.
3.13 For guidance counselling and schools services, travel costs within Dublin will be waived and travel costs outside of the County of Dublin will be charged at the prevailing Civil Service Flat-Rate kilometric allowances rate according to the Revenue website.
3.14 Non – solicitation: the User is not permitted to make private arrangements for tuition with a Tutor introduced by Conexus Educate. Should a User breach this obligation, they will be liable to account to Conexus Educate for all sums paid to the Tutor without deduction and Conexus Educate shall be entitled to obtain an injunction against a User to prevent further breaches. This obligation shall continue notwithstanding termination of this agreement.
3.15 Cancellation Policy: the User must give 24 hours’ notice to the Tutor/Consultant for any cancellations whatsoever (including but not limited to illness/holiday). Where the cancellation is made less than 24 hours before the session, the User accepts liability for the full fee for the session.
3.16 Half term and school holidays are Conexus Educate’s busiest time of year. The cancellation policy is therefore increased during this period to 48 hours’ notice. Half terms and holidays may vary from school to school. This provision is inclusive of all school dates.
3.17 Block Bookings: a block booking is where a Tutor is booked for a blocked period, for example on weekly basis or several times a week during half term or school holidays. The cancellation period is longer for block bookings because block bookings have been made in advance, and other Conexus Educate Users have therefore been unable to secure that block booking. The cancellation policy for one session of a block booking is 48 hours before the lesson is scheduled to take place. In addition, where the User cancels more than one of the block bookings within the 48 hour cancellation time frame, Conexus Educate may charge the User up to 3 tutoring sessions in full according to how many sessions are cancelled.
4. Website Use & Liability
4.1 The Website User undertakes to ensure that all information has been entered onto the system accurately and in full.
4.2 Regarding website use, Conexus Educate shall not be responsible for any loss of data resulting from delays, corruption of data, non-deliveries, mis-deliveries or service interruptions.
4.3 Regarding website use, Except to the extent of Conexus Educate gross negligence or willful misconduct, neither Conexus Educate nor any of its subsidiaries or network service providers will be responsible for any unauthorised access to the Users account details or for unauthorised access to or alteration, theft or destruction of User information as a result of a breach in security, or through accidental or divisive means.
4.4 In no event will Conexus Educate be liable or responsible to Users of the Service for any type of incidental, punitive, direct, indirect or consequential damages, including, but not limited to, loss of revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise.
4.5 Regarding website use, and notwithstanding anything to the contrary in this agreement, The Conexus Educate‘s maximum liability under this agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual euro amount paid by the Customer for the Services which gave rise to such damages, losses and causes of actions.
5.1 Users of the service agree to indemnify and hold harmless Conexus Educate (including, but not limited to, Conexus Educate officers, agents, partners, employees and subsidiaries) from any claim arising from the User or any third party as a result of using the Service.
5.2 The Service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.
5.3 Conexus Educate expressly disclaims any representation or warranty that the Service will be error-free, secure or uninterrupted.
5.4 No oral advice or written information provided or published on the website by Conexus Educate or its employees will create a warranty; nor may Users rely on any such information for advice. Conexus Educate and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the Service.
6. Website Use & Limited Warranties
6.1 Full compliance will be made with Data Protection and high standards of privacy protection at all times, as part of the Privacy Protection Policy. The User agrees to use the Service and any information obtained through or from Conexus Educate at his/her own risk.
6.2 The User acknowledges that Conexus Educate exercises no control over what information is entered into the system and accepts no responsibility for the information transmitted through the use of an internet based service.
6.3 The information set out within the Website and as part of the website service is provided in good faith and on the understanding that neither The Dublin School of Grinds nor any of its employees, partners or subsidiaries are engaged in rendering legal advice.
7. Force Majeure
No failure or omission between Conexus Educate and the User to carry out or observe the terms and conditions of this agreement shall give rise to any claim against the other party if such failure or omission is the result of an event that is outside the reasonable control of that party (a Force Majeure Event).
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
9. Use of Data
Any data inputted to this website or via phone call or in person at the Conexus Educate office may be used for marketing purposes, unless requested otherwise. The term data includes names, phone numbers, email addresses and addresses. No data will be passed on to third parties. If a user requires their data removed from our system they can contact us to do so.
10. Governing Law and Jurisdiction
The provisions set forth in this agreement shall be governed and construed by Irish State Law, and each party agrees to submit to the exclusive jurisdiction of Irish Courts.
Business Name: Conexus Educate
Address: Glenmalure, Lansdowne Village, Sandymount, Dublin 4.
Company Registration Office: 547087