Terms and Conditions

1.    These terms

1.1.    What these terms cover.  These are the terms and conditions on which we supply our 1-to-1 tutoring, group tutoring, proof reading and other services to you.  In these terms, our services are referred to as "tutoring" or "services".

1.2.    Why you should read them.  Please read these terms and our Handbook and Policy document carefully before you submit your order to us.  These terms and our Handbook and Policy document tell you who we are, how we will provide our tutoring and other services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.  If you think that there is a mistake in these terms or require any changes, please contact us to discuss.  

2.    Information about us and how to contact us

2.1.    Who we are.  We are WinWin Tutoring Limited a company registered in England and Wales.  Our company registration number is 09937136 and our registered office is at Campus North, Sunco House, 5 Carliol Square, Newcastle upon Tyne, NE1 6UF.

2.2.    How to contact us.  You can contact us by telephoning our customer service team at 07506135000 or by writing to us at [email protected] or Campus North, Sunco House, 5 Carliol Square, Newcastle upon Tyne, NE1 6UF.

2.3.    How we may contact you.  If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.  

2.4.    "Writing" includes emails.  When we use the words "writing" or "written" in these terms, this includes emails.

3.    Our contract with you

3.1.    How we will accept your booking.  Our acceptance of your booking will take place when we confirm acceptance to you of a booking that you make through our website or we message you using wechat or a similar application to accept it, at which point a contract will come into existence between you and us.  

3.2.    If we cannot accept your booking.  If we are unable to accept your booking, we will inform you of this in writing and will not charge you for the tutoring or other services that you wished to book.  This might be because of unexpected limits on our resources which we could not reasonably plan for or because we are unable to meet a tutoring date that you wanted to book.  

3.3.    Your booking number.  For services ordered through our online booking system, we will assign a booking number to your booking and tell you what it is when we accept your booking.  It will help us if you can tell us the booking number whenever you contact us about your booking.

3.4.    You will only place bookings for the services of a tutor who we have engaged through us. We have engaged a number of tutors to provide the tutoring services that we supply to our customers, including you. You agree that you will not at any time during or after the termination of this contract enter into any contract directly with or obtain services from a tutor who has supplied tutoring to you under a booking which you have made with us. If you are in breach of this obligation we shall be entitled to charge you reasonable compensation for the loss we will incur as a result of your being in breach of this obligation. 

4.    Our Services

4.1.    Services may vary slightly from their descriptions.  The descriptions of the services on our website are for illustrative purposes only.  The services we provide may vary slightly from those descriptions.  

4.2.    We cannot guarantee any specific results. By the nature of the services that we provide, it is not possible for us to guarantee that by using our services you will pass any particular exam, achieve a specific result or grade for your work or be able to complete a piece of study that you are working on.

5.    Your rights to make changes

If you wish to make a change to the services you have booked please contact us. Please see the information provided in our Handbook and Policy document as the arrangements that will apply.

 We will let you know if the change is possible.  If it is possible we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.  If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).

6.    Our rights to make changes

6.1.    Minor changes to the services.  We may change the tutoring and other services we provide: 

6.1.1.    to reflect changes in relevant laws and regulatory requirements; and

6.1.2.    to implement minor technical adjustments and improvements, for example, to address a security threat.  These changes will not affect your use of the services.

7.    Providing the Services

7.1.    When we will provide the services.  We will supply the tutoring or other services to you until either the services are completed or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.

7.2.    We are not responsible for delays outside our control.  If our supply of the tutoring or other services is 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 we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.  

7.3.    If you do not allow us to provide services.  If you do not allow us to perform the services as arranged, for example, you cancel an appointment which is made with a tutor, we may charge you the fee which you agreed to pay when you made the booking and any additional costs incurred by us as a result. Our current cancellation policy is set out in our handbook and policies.  If despite our reasonable efforts, we are unable to contact you or re-arrange a time to provide the services we may end the contract and clause 10.2 will apply.

7.4.    What will happen if you do not give the required information to us?  We may need certain information from you so that we can supply the tutoring or other services to you.  We will contact you to ask for this information.  If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.  We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.  

7.5.    We may also suspend supply of the products if you do not pay.  If you do not pay us for the services when you are supposed to (see clause 12.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts.  We will contact you to tell you we are suspending supply of the services.  We will not suspend the services where you dispute the unpaid invoice (see clause 12.7).  We will not charge you for the services during the period for which they are suspended.  As well as suspending the services we can also charge you interest on your overdue payments (see clause 12.6).

7.6.    We own the intellectual property in materials that you use. We or our licensors are the owners of the copyright and other intellectual property rights in all documents and materials which we or a tutor supplies to you, including any slides, work books or study guides. You may only use such documents and materials for the purposes of receiving and using the tutoring and other services that we or a tutor provide and must not share, copy, allow or licence the use of, sell or otherwise dispose of the same without our agreement. We reserve the right to take legal action to prevent any infringement of the intellectual property rights in these documents or materials occurring.

8.    Your rights to end the contract

8.1.    You can always end your contract with us.   Your rights when you end the contract will depend on what services you have bought, whether there is anything wrong with them, how we are performing and when you decide to end the contract:

8.1.1.    If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 11;

8.1.2.    If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

8.1.3.    If you have just changed your mind about the services, see clause 8.3.  You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; 

8.1.4.    In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2.    Ending the contract because of something we have done or are going to do.  If you are ending a contract for a reason set out in clauses 8.2.1to 8.2.4 below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation.  The reasons are:

8.2.1.    we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;

8.2.2.    there is a risk that supply of the services may be significantly delayed because of events outside our control;

8.2.3.          we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

8.2.4.    you have a legal right to end the contract because of something we have done wrong.

8.3.    Exercising your right to change your mind (Consumer Contracts Regulations 2013).  For most services bought online, you have a legal right to change your mind within 14 days and receive a refund.   These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.  

8.4.    How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your booking.  

8.5.    However, once we have completed the services you cannot change your mind, even if the period is still running.  If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

8.6.    Ending the contract where we are not at fault and there is no right to change your mind.  Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation.  Further details are given in our Handbook and Policy document

8.7.    If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know.  The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment) charge you reasonable compensation for the net costs we will incur as a result of your ending the contract 

9.    How to end the contract with us (including if you have changed your mind)

9.1.    Tell us you want to end the contract.  To end the contract with us, please let us know by doing one of the following:  

9.1.1.    Phone or email.  Call customer services on 07506135000 or email us at [email protected].  Please provide your name, details of the booking, your phone number and email address.  

9.1.2.    Online. Complete the Cancellation Form on our website.

9.1.3.    By post.  Print off the Cancellation Form and post it to us at the address on the form.   Or simply write to us at that address, including details of the booking that you wish to cancel.  

9.2.    How we will refund you.   We will refund you the price you paid for the services by the method you used for payment.  However, we may make deductions from the price, as described below and in our current handbook and policies.

9.3.    Deductions from refunds if you are exercising your right to change your mind.  If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind.  The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.4.    When your refund will be made.  We will make any refunds due to you as soon as possible.   If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

9.5.    Transfer of unused payments. With our written agreement, you may, as an alternative to receiving a refund, transfer the unused amount of any price paid for services which have not yet been supplied to you to another student.

10.    Our rights to end the contract

10.1.    We may end the contract if you break it.  We may end the contract for the supply to you of services at any time by writing to you if:

10.1.1.    you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

10.1.2.    you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;

10.1.3.          you do not, within a reasonable time, allow us to supply the services to you.

10.2.    You must compensate us if you break the contract.  If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11.    If there is a problem with the tutoring or other services that we supply

11.1.    How to tell us about problems.  If you have any questions or complaints about the services that we supply, please contact us.  You can telephone our customer service team at 07506135000 or write to us at [email protected] or Campus North, Sunco House, 5 Carliol Square, Newcastle upon Tyne, NE1 6UF.  

11.2.    Summary of your legal rights.  We are under a legal duty to supply services that are in conformity with this contract.  See the box below for a summary of your key legal rights in relation to the services.  Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights.  These are subject to certain exceptions.  For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If relation to the services that we supply to you the Consumer Rights Act 2015 says:

you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

if you haven't agreed on a price beforehand, what you're asked to pay must be reasonable.

if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

12.    Price and payment

12.1.    Where to find the price for the services.  The price of the services (which includes VAT) will be the price indicated on the booking pages when you placed your booking.  We take all reasonable care to ensure that the price of the product advised to you is correct.  However please see clause 12.3 for what happens if we discover an error in the price of the service you order.  

12.2.    We will pass on changes in the rate of VAT.  If the rate of VAT changes between your booking date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.

12.3.    What happens if we got the price wrong.  It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced.  We will normally check prices before accepting your order so that, where the service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount.  If the service's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your booking.  [If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

12.4.    When you must pay and how you must pay.  We accept payment by bank transfer or Stripe.

12.5.    You must pay for  price of the services described in your booking before we start providing them

12.6.    We can charge interest if you pay late.  If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time.  This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.  You must pay us interest together with any overdue amount.  

12.7.    What to do if you think an invoice is wrong.  If you think an invoice relating to s booking is wrong please contact us promptly to let us know.  You will not have to pay any interest until the dispute is resolved.  Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13.    Our responsibility for loss or damage suffered by you

13.1.    We are responsible to you for foreseeable loss and damage caused by us.  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.

13.2.    Face to Face Tutoring. We take every precaution to ensure that the tutors that we engage to provide the services to you behave in a professional and courteous manner. In return you agree that you will follow the procedures set out in our handbook and policies.

13.3.    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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 11.2 

13.4.    We are not liable for business losses.  We only supply the services for domestic and private use.  If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.    How we may use your personal information

14.1.    How we will use your personal information.  We collect information from you to enable us to provide services to you. This includes details of your University, the degree you are taking, your University and/or personal email address, phone number, home address and payment information. 

14.2.    We will use the personal information you provide to us:

14.2.1.    to supply the services to you;

14.2.2.    to process your payment for the services; and

14.2.3.    if you agreed to this during the booking process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.

14.3.    We will only give your personal information to third parties where the law either requires or allows us to do so.  

15.    Other important terms

15.1.    We may transfer this agreement to someone else.  We may transfer our rights and obligations under these terms to another organisation.  We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2.    You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing

15.3.    Nobody else has any rights under this contract.  This contract is between you and us.  No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.4.    If a court finds part of this contract illegal, the rest will continue in force.  Each of the paragraphs of these terms operates separately.  If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5.    Even if we delay in enforcing this contract, we can still enforce it later.  If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.  For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6.    Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.  If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.  If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.