TERMS AND CONDITIONS

 

Please take the time to read through the Terms & Conditions that are outlined in this document. 

1.1 This document sets out the Terms and Conditions by which RoboBrain Ltd..

agrees to provide services to you and your child.

1.2 When you book services from us, you are signifying your agreement to these Terms and

Conditions. These are included in our Introductory Pack and published on our Website. It is your

responsibility to familiarise yourself with them before you book or purchase any services from us.

1.3 We reserve the right to modify, cancel or append to these Terms and Conditions and upon doing

so shall provide you with a notification that there has been a change. The current Terms and

Conditions always appear on our Website. On renewal of classes or purchase of any additional

services, the most recent Terms and Conditions shall apply.

2.  Definitions

2.2  “Booked Session” is a Session that we have agreed, verbally or in writing, that your child may

attend.

2.3  “Class” refers to one self-contained event as that occurs at a specific time on the same day

each week.

2.4  “Free Trial Session” is a Session we agree to provide at no cost to you under clause 3.1.

2.5  “Inform”, “Notify”, “Communicate” and “Contact” are the processes by which we exchange

information and enter into contracts regarding our products and services.

2.6  “Introductory Pack” is a collection of documents including these Terms and Conditions,

Information booklet and other materials designed to inform you about us and our services.

2.7  “Missed Session” is a Booked Session, no part of which has been attended by your child.

2.8  Our “Website” www.robobrain.academy  and all associated RoboBrain websites which

are accessible through www.robobrain.academy

2.9  “RoboBrain”, “we”, “us” or “our” refers to RoboBrain Ltd.. and any of its

directors, officers, employees, managers, subcontractors, agents and affiliated companies.

2.10  “Session” refers to a Class held at a specific time on a particular date for a specific duration. 

2.11  “Sibling” is a younger brother, sister, half-brother, half-sister, step-brother or step-sister of a

particular child.

2.12  “Switching” is the process by which we permanently change any Untaken Sessions from one

Class to another Class. “Switch” shall be construed accordingly.

2.13  “Term-Time” denotes the periods throughout the year during which we run regular weekly

Courses.  

2.14  “Untaken Session” is a Booked Session which has not yet been attended and which is not due

to occur within the next three working days.

2.15  “You” refers to a person or organisation buying products or services from us.

 

 

 

2.16  “Your Account” is a notional account you have with RoboBrain School reflecting purchases

you have made from us, payments we have received from you or made on your behalf and

credits applied by us or transferred to you. If Your Account is in credit, you can use the

amount of this credit against any purchases of RoboBrain services for your child, their

Siblings or an unrelated child.

2.17  “Your child” is any child for whom you are nominated as an authorised adult on the

Registration Form regarding your dealings with us, and we, therefore, deem to be in your care.

“Children” shall be construed accordingly.

 

3.  Classes

 

3.1 FREE TRIAL LESSON

3.1.1  We will offer your child one Free Trial Lesson in a Class of their choice. Subject to:

a)  There is availability in the Class;

b)  Your child has not previously attended any other Free Trial Lessons, subject to paragraph

3.1.4.

3.1.2  You must book the Free Trial Lesson via our website.

3.1.3  You must check and sign the Registration Form before the Free Trial Lesson, ensuring that it

is accurately and fully completed.

3.1.4  Once your child has attended a Free Trial Lesson in whole or in part, additional Free Trial

Lessons can only be arranged at our discretion.

 

3.2 SIGNING-UP

 

3.2.1  Booked Sessions

3.2.1.1  Subject to paragraph 3.4.3, you must book at least ten Lessons at any one time. Lessons will

run on consecutive weeks during Term-Time and may span the holidays. 

 

3.2.2  Payment

3.2.2.1  The cost of Booked Lessons and valid methods of payment are available on the Website.  

3.2.2.2  The full cost of Booked Sessions minus any agreed discounts must be paid by the end of the

first Booked Session.

3.2.2.3  If full payment is not received by the end of the first Booked Session, we reserve the right to

suspend all Untaken Sessions and pursue payment for the total amount agreed at the time

of booking. 

 

3.2.3  Discounts

3.2.3.1  Limited discounts are available in certain circumstances. 

3.2.3.2  All discounts must be claimed at the time of booking. No retrospective discounts or refunds

will be offered.

 

3.3 RENEWAL

 

3.3.1  We will send you a Feedback Form on or after your child’s eighth Session. This will provide

feedback on your child. It will also act as a notice to you to book a further ten consecutive

Sessions.

3.3.2  If you have signed a Direct Debit agreement with us:

3.3.3  We will write to you to confirm that this has been set up, confirming the details you gave us.

You will need to check these and let us know immediately if these are incorrect.

3.3.3.1  Approximately 3 weeks before your child’s final Session, we will write to you stating that

your child has been automatically renewed for another term at the current rate, minus any

valid discounts. The letter will state when this amount will be collected from your account. It

will usually be within the last weeks of the term.

3.3.3.2  You shall have 14 days from the date of the letter notifying you of the automatic renewal to

cancel these Sessions should you wish to do so. Otherwise, the usual cancellation terms will

apply.

 

3.4 SWITCHING

 

3.4.1  If you would like your child to Switch to a Class at a different time to their current Class, you

must notify us at least three days before your child’s intended first Switched Session. Subject

to availability and teachers approval in the requested Class, we will arrange for the

remainder of your child’s Untaken Sessions to be taken at the alternative Class at no cost to

you.

 

3.5 CHANGES & CANCELLATIONS

 

3.5.1  You may cancel your child’s Untaken Sessions at any time and for any reason.

 

3.5.2  If you wish to cancel any Untaken Sessions:

 

a)  If you inform us five or more working days before the term start, we will keep £50.00 per

child on Your Account. We will refund any further amounts held by us in full if required.

b)  If you inform us less than five working days before the start or during the course, we will

deduct the pro-rata cost of the attended Session(s) from any amount you have paid. We will

credit Your Account for the remaining amount. This amount is non-refundable and can be

only spent on purchasing RoboBrain services.

3.5.3  You must notify the RoboBrain Office about the cancellation directly by telephone (by

speaking to an operator). Any other method of informing us will not be treated as

notification for the purposes of this paragraph.

3.5.4  Following cancellation, subsequent sessions must be booked under paragraph 3.2 terms.

 

3.6 MISSED SESSIONS

 

3.6.1  If you miss a Session, your child will still be able to complete the missed lesson via the online learning platform. If he or she requires some additional help from a teacher, at our

discretion, we may arrange an individual tutoring time, subject to availability.

 

3.7 CONTENT

 

3.7.1  We reserve the right to alter, vary, omit or substitute any part or parts of any content

provided by us described in any promotional or other materials published by us or on our

behalf.

3.7.2  In the event of any change in any content as described above, we will have no liability to refund any part of any fee.

 

4.  Exclusions

4.1 In the event that we consider:

a)  you are in breach of any of these Terms and Conditions or any regulations issued from time to time by us;

b)  the behaviour of your child is disruptive or likely to put other children or RoboBrain staff in danger; or

c)  your conduct towards us, other customers, children in their care or our suppliers, agents,

managers, subcontractors or employees is disruptive, inappropriate, consistently negligent

(including late collection of your child) or likely to bring us or any of our products or services

into disrepute; we reserve the right to exclude your child from any RoboBrain activity or

part thereof.

4.2 If your child is excluded, no fees will be repaid to you, and we reserve the right to seek payment

of the balance of any fees due to us.

 

5.  Returned payments and refunds

5.1 We will make an administrative charge of £7.50 to cover unreasonably disputed credit card

payments or unhonoured Direct Debits.

5.2 In circumstances where a payment is returned:

a)  we reserve the right to exclude your child without refund or right to individual tutoring

Sessions in relation to Missed Sessions until the amount of the returned payment is repaid in

full; and

b)  we reserve the right to claim the amount of the returned payment plus interest.

5.3 Refunds are issued in the form in which the original payment was made.

5.4 We will process any refund within 28 days of notifying you that we are issuing you the refund.

5.5 No credits or refunds will be issued retrospectively.

 

6.  Liabilities

 

6.1 GENERAL DISCLAIMER

 

6.1.1  For the avoidance of doubt, all our products and services are provided on an “as is” basis and

save as expressly stated herein without representations, conditions, warranties or other

terms of any kind, either express or implied, including, but not limited to, child development,

non-infringement or title but excluding the implied warranties of satisfactory quality and

fitness for a particular purpose.

 

6.2 CANCELLATIONS 

 

6.2.1  We reserve the right to cancel Class at any time up to and including the date the activity

starts. Should this occur, we will endeavour to give you at least seven days’ notice and will

attempt to offer you a viable alternative or will provide you with a refund of any fee paid. 

 

6.3 HEALTH & INJURIES

 

6.3.1  We accept children on the assumption that they are in good health, and it is your

responsibility to alert us to any medical complaint or history suffered by your child.

 

6.3.2  We do not accept responsibility for loss or damage arising from errors or omissions on the

Registration Form, whether completed by you or by another person in charge of your child

at the time of completion.

 

6.3.3  We do not accept liability for death or personal injury to any child attending RoboBrain or

any activity related to RoboBrain whether organised by RoboBrain or otherwise save to

the extent that such death or injury shall be caused by the negligence or default of any

member of our staff or any other default on our part.

 

6.4 OTHER LOSSES

 

6.4.1  We do not accept responsibility for any loss or expense due to circumstances beyond our

control, including, but not limited to, delays in public transport, weather, quarantine,

sickness, bereavement, strikes or other industrial action, terrorism, fire and riot.

6.4.2  Without prejudice to the other terms of this agreement, in no event (including our own

negligence) will we be liable for any:

a)  economic losses (including, without limitation, loss of revenues, profits, contracts, business

or anticipated savings);

b)  loss of goodwill or reputation;

c)  any other special, indirect or consequential losses; or

d)  a loss to third parties.

 

6.5 LIMITATIONS

 

6.5.1  No provision of these Terms and Conditions shall operate or be construed to operate so as

to exclude or restrict our liability under the provisions of any UK legislation in force from

time to time which are not capable of being excluded or restricted.

 

6.5.2  Save as otherwise required by UK legislation, our total liability for any loss, damages, costs or

expenses shall not exceed an amount equal to the invoice value for the services provided.

 

6.6 THIRD PARTIES

 

6.6.1  A person who is not a party to these Terms and Conditions or any agreement or document

incorporating these Terms and Conditions shall have no right under the Contracts (Rights of

Third Parties) Act 1999 to enforce any of its terms.

 

7.  Use of personal information

 

7.1 We may monitor and record communications with you (including phone conversations and

emails) for quality assurance, legal, compliance and training purposes.

 

7.2 From time to time, photographs, film, video or audio recordings may be made during

RoboBrain sessions for publicity, promotional or broadcast purposes. Please inform us before

any such event if you do not wish you or your child to appear or be identified in any such

material.

 

7.3 Full details of our use of your data and our full privacy policy can be found on our Website and in

the Introduction pack.

 

8.  Miscellaneous

 

8.1 GENERAL

 

8.1.1  These Terms and Conditions and any documents referred to herein constitute the entire

agreement between you and us in connection with your booking, purchase or use of our

products and services superseding any prior agreements between you and us.

 

8.1.2  You agree that you have entered into these Terms and Conditions without reliance on any

representation, warranty or undertaking by us which is not set out expressly in these Terms

and Conditions.

 

8.1.3  We shall not be under any liability for any failure to perform any of our obligation under

these Terms and Conditions if we are prevented from or delayed in so doing due to any

circumstances beyond our reasonable control, provided that if the event in question

continues for a continuous period in excess of 60 days, you shall be entitled to give notice in

writing to us to terminate the contract.

 

8.1.4  If any payments which are due under these Terms and Conditions are not made by their

respective due date, interest shall accrue on the full amount outstanding at a rate of 8%

above the base lending rate of the Bank of England from time to time, from the due date

until the date of actual payment.

 

8.2 CONTACT

 

8.2.1  You may contact us by calling the relevant telephone number found on our Website, or by

writing to us at the address, state on our Website. We will be deemed to have received any

communication from you, in the case of communication by telephone at the time of you

speaking to a telephone operator or, in the case of communication by post, a correctly

addressed letter sent by pre-paid first-class post or recorded delivery post shall be deemed

to have been received two working days after the date of posting. 

 

8.2.2  We may contact you by post, telephone, email or text. Notification sent to you by post will

be deemed received by you within two working days. Any other notification will be deemed

received by you within one working day.

 

8.2.3  It is your responsibility to ensure that we have current contact details for you and all adults

authorised to pick up your child. You must also keep us informed of any changes in the

health or other relevant circumstances of you or your child.

 

8.2.4  We may accept any instructions which are given to us regarding a child from anyone who is

nominated as an authorised adult on the Registration Form for that child.

 

8.3 LAW & JURISDICTION

 

8.3.1  Any failure by us to exercise or enforce any right or provision of these Terms and Conditions

shall not constitute a waiver of such right or provision.

 

8.3.2  If any provision of these Terms and Conditions is found by a court of competent jurisdiction

to be invalid or unenforceable, the parties nevertheless agree that the court should

endeavour to give effect to the parties’ intentions as reflected in the provision and that

other provisions remain in full force and effect.

 

8.3.3  Our relationship with you is subject to English law and you and we irrevocably submit to the

exclusive jurisdiction of the courts of England and Wales.