Terms and Conditions

TERMS OF BUSINESS (“TERMS”)

BACKGROUND:

(A) These Terms together with the attachment below and any and all other documents referred to in these Terms set out the terms and conditions on which Paid Content, accessed via Subscriptions, is sold by us to Consumers through this website, www.rebeccas-english-hub.com (“Our Site”).

(B) Terms and information that are specific to accessing sessions of Paid Content presented by a Tutor (as defined below) from or via Our Site using Kajabi platform are set out in the attachment below for ease of reference but they will have the same effect as if set out in these Terms.

(C) Please read these Terms and the attachment below carefully and ensure that you understand them before purchasing a Subscription. If you have any queries about anything in these Terms or the attachment, please contact us to discuss.

When setting up an Account before purchasing any Subscription, you will be required to read, accept, and agree to comply with and be bound by these Terms and the attachment. If you do not, you will not be able to purchase a Subscription and access Paid Content through Our Site.

(D) Paid Content is intended for access and use only by a person who is aged 18 or over, and only a person of that age can set up an Account and purchase a Subscription.

(E) These Terms, as well as any and all Contracts, are in the English language only.

1. Definitions and Interpretation

1.1 In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

“Account”	means the account, that you must set up with us in order to purchase any Subscription;
“Consumer”	means an individual customer who purchases any Subscription to our services comprising any Paid Content which is to be received or used for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;
“Contract”	means a contract between us and you for the purchase of a Subscription for you to access any Paid Content;
“Materials”	means background and other information or materials relating to or forming part of the tuition, instruction, teaching, coaching, training, or mentoring to be provided, all of which information or materials is downloadable or viewable as text/graphics;
“Paid Content”	means any content (including text, graphics, images, audio, and video) comprising any session of tuition, instruction, teaching, coaching, training, or mentoring, or any Materials or other materials or information, which we offer. The sessions, Materials and other information or materials are sold by us through Our Site. Paid Content will be more fully described in other information that we give or make available to you before you order a Subscription. That information may include the name of any Tutor presenting any content on our behalf but whether it does or does not do so, we may, if we decide in our discretion, at any time and without notice substitute any other Tutor(s) who is suitably qualified and experienced;
“Subscription”	means a subscription to Our Site purchased by you which provides you with the entitlement and access to Paid Content. Every Subscription will include access to the Materials for the whole period of the Subscription, and they will all be accessible as soon as we have sent you a Subscription Confirmation;
“Subscription Confirmation”	means our acceptance and confirmation of your purchase of a Subscription;
“Tutor”	means the tutor, instructor, teacher, coach, mentor, or other individual who presents the Paid Content, whether pre-recorded, love or otherwise;
“We/Us/Our”	means Rebecca’s English Hub Ltd, a company incorporated in England and Wales with a registration number 16001687 and registered address at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ; and
“You”	means the Consumer who sets up an Account and purchases a Subscription and accesses and uses any Paid Content.

2. Contacting Us

If you wish to contact us with general questions, you may contact us by email at [email protected].

3. Age Restriction and Consumers only

3.1 Only if a person is aged at least 18 years of age and a Consumer may they set up an Account or purchase a Subscription through Our Site and access Paid Content.

3.2 These Terms and the attachment below do not apply to customers purchasing Subscriptions and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.

4. Subscriptions, Paid Content, Pricing and Availability

4.1 We make reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from us correspond to the actual Subscription and Paid Content that you will receive. Please note, however, that minor differences or discrepancies may occur.

4.2 We may from time to time change our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription.

4.3 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.

4.4 In some cases, as described in the relevant content descriptions, we may also make more significant changes to the Paid Content. If we do so, we will inform you at least 2 weeks before the changes are due to take effect.

4.5 In the unlikely event that we have shown incorrect pricing information, we will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, we will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If we do not receive a response from you within 7 days, we will treat your order as cancelled and notify you of this in writing.

4.6 If we discover an error in the price or description of your Subscription after your order is processed, we will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens.

4.7 All prices on Our Site exclude VAT. If the VAT rate changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

5. Orders – How Contracts Are Formed

5.1 Our Site will guide you through the process of setting up an Account and purchasing a Subscription. Before completing your purchase of a Subscription, you will be given the opportunity to review your order for the Subscription and amend it. Please ensure that you have checked your order carefully before submitting it.

5.2 If, during the order process, you provide us with incorrect or incomplete information (including any incorrect or incomplete information about you or the type of Paid Content that you require) please contact us as soon as possible. If we are unable to process your order due to incorrect or incomplete information, we will contact you to ask you to correct it. If you do not give us accurate or complete information within a reasonable time of our request, we will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.

5.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that we may, at our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that we have accepted it. Our acceptance is indicated by us sending you a Subscription Confirmation by email. Only once we have sent you a Subscription Confirmation will there be a legally binding Contract between us and you.

5.4 In the unlikely event that we do not accept or cannot fulfil your order for any reason, we will explain why in writing. No payment will be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible.

5.5 Refunds under this clause 5 will be made using the same payment method that you used when purchasing your Subscription.

6. Payment for Subscriptions

6.1 Payment for each Subscription must always be made in advance in full unless we have agreed to an instalment plan in writing. Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation (this usually occurs immediately, and you will be shown a message confirming your payment).

6.2 We accept the following methods of payment on Our Site:

6.2.1 Stripe;

6.2.2 Bank transfer;

6.2.3 PayPal.

6.3 If you do not make any payment due to us on time, we will suspend your access to the Paid Content. If you do not make payment within 7 days of our reminder, we may cancel the Contract. Any outstanding sums due to us will remain due and payable.

7. Provision of Paid Content

7.1 We undertake to make available to you on these Terms the Paid Content for which you subscribe, but if you choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to us, you are unable to do so, you will not be entitled to any refund.

7.2 All Paid Content within the scope of your Subscription will be available to you from when we send you a Subscription Confirmation for the duration of your Subscription, which, unless stated otherwise, will be a lifetime for as long as the Paid Content and/or Kajabi platform is available. We reserve the right to end the Subscription at anytime, save that:

7.2.1 You shall have access for a minimum period of 6 months, and

7.2.2 We will notify you 1 month in advance before doing so.

7.3 When you place an order for a Subscription, you will be required to expressly acknowledge that you wish Paid Content to be made available to you to access immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) any Paid Content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”).

7.4 In some limited circumstances, we may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

7.4.1 To fix technical problems or to make necessary minor technical changes;

7.4.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;

7.4.3 To make more significant changes to the Paid Content.

7.5 If we need to suspend the availability of the Paid Content for any of the reasons set out in clause 7.4, we will inform you in advance of the suspension and explain why it is necessary (unless we need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case we will inform you as soon as reasonably possible after suspension).

7.6 We may suspend the provision of the Paid Content as follows if we do not receive payment on time from you.

8. Licence

8.1 When you purchase a Subscription to access Paid Content, we will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence for you to access, participate in and use the relevant Paid Content for your personal, non-commercial purposes. The licence granted does not give you any rights in our Paid Content (including any material that we may license from third parties).

8.2 The licence granted under clause 8.1 is subject to the following usage restrictions and/or permissions:

8.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); and

8.2.2 When you use a two-way livestream facility to access a Paid Content item or event, you must not communicate or make accessible to any other person (who also accesses or participates in it as one of our customers) anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of it.

9. Problems with the Paid Content

9.1 We undertake to provide Paid Content that is of satisfactory quality, fit for purpose, and as described, and to use reasonable care and skill. If any Paid Content available through your Subscription does not comply or we do not so act, please contact us as soon as reasonably possible to inform us of the problem. Your available remedies will be as follows:

9.1.1 If the Paid Content has faults, you will be entitled to a repair or a replacement.

9.1.2 If we cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a partial refund.

9.2 If there is a problem with any Paid Content, please contact us to inform us of the problem.

9.3 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

10. Cancelling Your Subscription

10.1 If you are a Consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund. The period begins once we have sent you your Subscription Confirmation (i.e. when the Contract between you and us is formed) and ends when you access any Paid Content, or 14 calendar days after the date of our Subscription Confirmation, whichever occurs first.

10.2 After the cooling-off period, you may cancel your Subscription at any time. However, we cannot offer any refunds, and you will continue to have access to the Paid Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.

10.3 If you wish to exercise your right to cancel, you may do so via email at: [email protected], providing us with your name, address, email address and telephone number.

11. Guarantee

11.1 If you are dissatisfied with the Paid Content, please let us know within 14 days of the receipt of the Subscription Confirmation and we will give you your money back.

11.2 When emailing us, any Materials, course, or Paid Content cannot be more than 50% completed or downloaded.

11.3 The guarantee is at our discretion at all times.

12. Our Liability to Consumers

12.1 Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

12.2 If, as a result of our failure to exercise reasonable care and skill, any content (including but not limited to Paid Content) from Our Site damages your device or other content belonging to you, we will either repair the damage or pay you appropriate compensation. Please note that we will not be liable under this provision if:

12.2.1 We have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or

12.2.2 The damage has been caused by your own failure to follow our instructions; or

12.2.3 Your device does not meet any relevant minimum system requirements that We have made you aware of before you purchased your Subscription.

12.3 Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that we provided or is not of satisfactory quality. our liability for any other loss or damage shall be limited to the Subscription cost paid to us by you in the preceding 12 month period.

12.4 Nothing in these Terms seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

12.5 We will not be responsible or liable if you are unable to access any Paid Content due to any failure or delay in performing our obligations under the Contract resulting from any cause beyond our reasonable control.

13. How We Use Your Personal Information (Data Protection)

We will only use your personal data as set out in our privacy policy available from Our Site.

14. Other Important Terms

14.1 We may transfer (assign) our obligations and rights under these Terms (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms (and the Contract) will not be affected and our obligations under these Terms (and the Contract) will be transferred to the third party who will remain bound by them.

14.2 You may not transfer (assign) your obligations and rights under these Terms (and under the Contract) without our express written permission.

14.3 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.4 If a court or other authority finds that any part(s) of these Terms are unlawful, the remaining parts will remain in full force and effect.

14.5 If we fail to take steps or delay in taking steps to enforce any of our rights against you under these Terms, that will not prevent us doing so at a later date, for example our right to require you to make any payment which has become payable under the Contract.

14.6 We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If we change these Terms as they relate to your Subscription, we will give you reasonable advance notice of the changes.

15. Law and Jurisdiction

15.1 These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

15.2 As a Consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.

15.3 As a Consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

Attachment

2. Use of Kajabi to access tuition, instruction, teaching, coaching, training or mentoring (“the Content”) online

We only offer the Content online.

We use technology which allows us to provide the Content. For this purpose, we use the Kajabi platform.

Your use of Kajabi is subject to their Terms and Conditions available at: www.legal.kajabi.com

3. Scope of what we make available to access

We do not, and cannot, assist you in obtaining, setting up, maintaining, or operating any technology. If you need any assistance or advice about technology, you should seek it from an appropriate third party. We do not, and cannot, give you any advice about what technology is needed or how to use it.

We do not claim to have any expertise or skill in relation to any technology that you need or use for the purpose of receiving the Content. However, we may, if you request it, either before or during any session of the Content, and without charge, offer suggestions in good faith to resolve any problem with that technology that you report, but it will not be in the nature of advice to you. We do not, therefore, take on any responsibility or accept any liability to you if any such suggestion does not help you to resolve any problem or if, by following any such suggestion, you experience any other problem, loss or damage.

We will not be responsible or liable to you if you are unable to access any of the Content due to any failure or delay in performing our obligations under the Contract resulting from any cause beyond our reasonable control. In any such case, you will remain liable to pay for the Content we have made available for you. Such causes beyond our reasonable control may include (but are not limited to):

(a) Where you are unable to resolve any technology problem (whether or not you have asked us for or we have offered any suggestions as to how to resolve the problem); or

(b) Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that you use or rely on; or

(d) Your inability to access the Content due to failure of or defects in Our Site etc.

4. Account setup needed

In order to purchase any Subscription and enable you to receive any Content, you will first need to setup and then maintain an Account with us. Our Site will guide you through the process of setting up an Account. Please also note the following in regard to Account setup.

You may not create an Account if you are under 18 years of age.

During the process of setting up an Account, you will be required to choose a password and user name. We recommend that you choose a strong password for your Account.

You will be asked for additional information regarding your Account, such as your e-mail address.

5. Your responsibility for Your Account and its security

You must not share your Account or your Account details with anyone. If you believe that your Account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your Account.

You are fully responsible for maintaining the confidentiality of your password and account information and for all activities that occur under your password or Account. you must ensure that you log out from your Account at the end of each session accessed by you. You must immediately notify us of any unauthorised use of your password or Account or any other breach of security relating to your Account.

You must never use anyone else’s Account without prior authorisation from us for the specific occasion in question.

When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

If you have an active Subscription, your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription.

6. Your privacy and security on each occasion when Content is accessed

Note that all sessions that you purchase will be accessible only to you.

7. Scope of Our Content

Your English: This course is not suitable for beginners. We recommend a level of B1+.

Your Progress: Whilst we will use our reasonable endeavours to ensure that you make satisfactory progress, results will be different for each individual depending on various factors, including, without limitation, the number and frequency of sessions, whether they are interactive rather than one-way recorded sessions, any preparation or other tasks or work done or activity engaged in by you set or suggested by the Tutor, and your aptitude.

Satisfactory progress cannot be guaranteed, and we make no warranty or representation that any particular progress or result will be brought about (including, where relevant, passing any examination) as a result of you taking part in or viewing any session(s).

Course or other equipment, items materials etc.: We may make suggestions as to any equipment, textbooks, videos or other materials or items that you should read, view, purchase or otherwise acquire where We think it is necessary or helpful for you to have a copy to use during or outside sessions but we cannot provide such materials or items for you.

Preparation for each session: You should attend each session prepared by completing any assignment, work, or tasks set for you at the previous session. Adequate preparation for sessions is more likely to result in satisfactory progress.

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