Terms and Conditions of TopMinds Tutoring Online Courses, Group Classes and One-on-One Tutoring

Please read these terms and conditions carefully before making any purchase. Please print a copy for your records.

By purchasing an online course, tutoring class or tutoring session you are also agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs TopMinds Tutoring’s relationship with you in relation to this website, our courses and all course materials.

The term ‘TopMinds Tutoring’ or ‘us’ or ‘we’ refers to the owners of TopMinds Tutoring and the website whose registered office is in Danville, CA. The term ‘you’ refers to the user or viewer of our website. The term “Website” means www.topmindstutoring.com. The term “Course Materials” or “Study Materials” or “Online Study Materials” refers to materials provided by TopMinds Tutoring in any way, which may be emailed, downloaded from the website or accessed and viewed via the website, or provided during one-on-one or class tutoring sessions, or a combination of all of these. The use of our website, our courses and our course materials are subject to the following terms of use:

Cancellation Terms

TopMinds Tutoring reserves the right to withdraw at any time Courses advertised for sale on the Website and/or any marketing documents. TopMinds Tutoring reserves the right to decline or cancel your order, or any part of your order. TopMinds Tutoring reserves the right to use its discretion to determine whether to make refunds and/or extensions in exceptional circumstances. We cannot fully refund your purchase of an Online Course if you have downloaded any of the Course Materials and/or accessed all or part of the Online Course in any way.

Copyright

Our courses contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics and curriculum content. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.


------

One-on-one tutoring sessions

One-on-one tutoring sessions are subject to availability. TopMinds Tutoring reserves the right to withdraw at any time one-on-one tutoring sessions advertised for sale on the Website and/or any marketing documents. TopMinds Tutoring reserves the right to decline or cancel any one-on-one tutoring sessions. If we are unable to fulfil your one-on-one tutoring request we will refund your payment for the one-on-one part of your purchase. 48 hours notice must be given if you wish to cancel your tutoring session. After this time refunds will not be given. All tutoring sessions will take place in the location indicated during booking. This location cannot be changed. If you are unable to make the time you have booked please let us know with at least 48 hours notice and we will do our best to reschedule to a mutually acceptable time or we will refund your one-on-one tutoring payment. We require a parent or guardian to remain available at the location during the entire one-on-one session. You are required to collect your child on time at the end of the one-on-one session. If our tutor is required to supervise a child beyond the duration of the booked one-on-one session, you will be charged. After a 5 minutes grace period, you will incur an additional $15 for every 10 minutes thereafter.


------

Group Tutoring Classes

Study Materials

Study materials will be made available for students during their session. Any additional materials purchased by clients are not included in the tutoring fees and will not be deducted or refunded. Misuse, loss or damage to study materials provided may result in the client being charged for replacements.

Student and Parent Responsibilities

Please have your child arrive on time for each session. Our sessions are only 60 minutes; in order to maximize our study times, please make sure your child has used the restroom and finished drinks and snacks before their session. Also, please note that we are not able to leave the tutoring session to supervise children using the restroom nor will sessions be delayed or paused for children taking bathroom breaks. Do not leave children unattended before sessions start. We do not have the staff to supervise students waiting for sessions. Parents must drop off and pick up children from our tutoring room. We cannot allow children to leave unless the parent or designated adult known to our staff in advance is present to collect the child. Please make every effort to be on time as following sessions cannot be delayed. Late pick-ups will be subject to charge. Multiple late pick-ups may result in us having to remove your child from the program.

Late Arrivals

Students arriving late will be tutored only for the remainder of the scheduled session. Sessions will not be lengthened to make up missed work. Students are strongly encouraged to arrive ready to study and on time. No refunds will be given for late or missed sessions. If our tutor is late to a session, the number of minutes missed will be made up. We willendeavor to schedule make-up sessions at a time convenient to you.

Missed Sessions

Because our schedules run on a weekly time slot it is not possible to reschedule sessions due to students or families other commitments. Missed sessions will not be refunded or rescheduled. If a course tutor is unable to make a session a replacement tutor will take the session. Course content will not be affected. In the unlikely event that we need to cancel a session, we will make every effort to contact you with as much notice as possible and refund the session in full. Our 12-week group sessions include one free make-up class that you are welcome to attend if you are unable to attend any of the classes in the 12-week session. The make-up class is at a set time, we are not able to reschedule this class.

Cancellations

Withdrawal of the student from the tutoring program must be made 30 days in advance. We are unable to refund sessions that fall within 30 days of the cancellation.

Emergency Contact Details

You will be emailed an emergency contact form after enrolling in a group class. Please make sure you complete this and hand it to the tutor at your first class. It is important that your emergency contact info that we have on file is up to date.

Student Behavior

You acknowledge that TopMinds Tutoring operates a zero tolerance policy in relation to inappropriate behavior of students. In particular abusive or inappropriate comments submitted in written work will not be tolerated under any circumstances. TopMinds Tutoring may at its reasonable discretion and without liability or an obligation to refund Course Fees, refuse to supply any Online Course, marked work, feedback or tutoring session to any student. We expect a high standard of behavior during our classes. In order to protect the interests of other students and families, disrespectful or disruptive behavior cannot be tolerated. We reserve the right to immediately and permanently withdraw a student from our program if we feel behavior is at any point threatening, bullying or abusive towards our staff or otherstudents. Behavior resulting in unnecessary disruption to a session will also not be tolerated.We will try and work with parents and students, but we reserve the right to remove students who we feel are unable to work well within a small group environment; our decision on these matters is final. Damage to property, materials or premises will be paid for in full by the client.


------

Online Course contents and Access terms

By purchasing a TopMinds Tutoring Online Course you are purchasing a non-exclusive, non-transferable licence to view the purchased Online Course and Course Materials for a single user and for the sole purpose of studying the Online Course components as described in the course description. All summer courses are available only between the dates of June 1st 2014 and August 22nd 2014. All Fall courses are available only between the dates of August 22nd 2014 and December 31st 2014.

Please see the description of the Online Course on the Website for details of the contents of the available Online Courses. All summer courses are available only between the dates of June 1st 2014 and August 22nd 2014. After August 22nd 2014 access to our summer programs will be terminated. Any work submitted after this time will not be marked. No refunds will be given for any part of the course not completed on or before August 22nd 2014. All fall courses are available only between the dates of August 22nd 2014 and December 31st 2014. After December 31st 2014 access to our fall programs will be terminated. Except as set out in the description of the Online Course, no additional Course Materials and/or tuition (either online, face to face or classroom) will be provided by TopMinds Tutoring . Upon receipt of a confirmation email from us you will be notified of when you will have access to the Online Course purchased and for the length of time such access will be made available to you, unless any such Online Course is removed. The receipt of an Online Course is personal to your child and you may not transfer your rights to access the Online Course or provide an Online Course to any other person. You may incur charges to your internet service provider while you are accessing and / or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and / or download the Course Materials. You are responsible for paying these charges. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in our courses for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials in our courses is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Online Courses - System Requirements

Please note that it is your responsibility to check that the computer you plan to use to access your Course Materials and the Online Course is compatible with the minimum specification requirement, as detailed in the course description, that relates to the Online Course you are ordering. You acknowledge and accept that we cannot be held responsible for any technical problems you encounter following the purchase of an Online Course. In order to be able to fully use our online courses, you must have: access to an Internet connection and your computer must be running Windows XP and above or Mac OS X and above. A printer is required for all worksheets and written assignments. Access to a scanner or digital camera is required in order to submit work.

Modifications or updates to content of existing courses

From time to time, TopMinds Tutoring may make modifications or enhancements to the interactive or written Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you. Certain Online Courses will periodically be superseded by curriculums changes and updated teaching methods. If we issue new versions of our online courses at a later date these may be available for purchase as new Online Courses. For the avoidance of doubt, purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.

Technical Support and Access

TopMinds Tutoring will provide technical and content support to individuals who have purchased an Online Course in respect of the Online Course purchased, in accordance with the provisions referred to below. If you report a fault to TopMinds Tutoring, TopMinds Tutoring will use reasonable endeavours to provide a solution but we do not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from us then we will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed. We will not accept any responsibility for any technical issues resulting from the use of our website, online courses or downloaded course materials. TopMinds Tutoring is not obliged to offer you any technical support in relation to your use of any of the free samples available on the Website but we may elect to offer technical support and the extent of any such technical support is entirely at our discretion. You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability. We will use reasonable endeavours to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. We reserve the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website. You also accept and acknowledge that we cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following: the operation of the internet and the World Wide Web, including but not limited to viruses; any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course; failures of telecommunications links and equipment; or updated browser issues.


------

Warranties

While we stand by our teaching methods and curriculum we make no claims to how well your child will do at school or during testing as a result of tutoring with us. It shall be your own responsibility to ensure that any products or services or information offered by TopMinds Tutoring on our courses meet your specific requirements.

TopMinds Tutoring will provide the Course Materials in accordance with the Online Course description on the Website. We expect you to take reasonable care to verify that the Online Course and Course Materials in question will meet your needs. We do not make any commitment to you that your child will obtain any particular result from his or her use of the Course Materials. We do not make any representation, guarantee or commitment to you that the Course Materials will be error free. We do not make any commitment that the online courses will be compatible with or operate with your software or hardware. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law

Limitation of liability

The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability: (i) for fraud or willful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded. Except as set out in these Terms, TopMinds Tutoring shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories: indirect or consequential losses; loss of income or revenue; loss of business; loss of anticipated savings; or oss or corruption of data. TopMinds Tutoring is not responsible to you for any data that you lose either (a) as a result of accessing the Online Study Materials or (b) during completion of any Online Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Study Materials and (ii) all data that you are inputting when completing the Online Course. Save as otherwise set out in this section “Limitation of liability”, TopMinds Tutoring’s maximum aggregate liability to you for any claims that you may have against us for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Online Course, your use of the Course Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you. We will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. Each provision in this Limitation of liability Clause shall be construed separately as between you and us. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.

Intellectual Property

At all times, TopMinds Tutoring, remain the owner of the intellectual property in the Online Courses and all the Course Materials. No Online Course and/or Course Materials, nor any part of it may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of TopMinds Tutoring. In consideration of receipt by TopMinds Tutoring of the Course Fee, we grant to you a non-exclusive, non-transferable licence to use the purchased Online Course and Course Materials for the sole purpose of studying for the Online Course. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sublicense, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Course Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Materials into any software program. Use of the Course Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either TopMinds Tutoring copyright or TopMinds Tutoring other intellectual property rights. We may update or amend these Terms from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the Website. These Terms, the Additional Terms and Conditions and the Website Terms of Use constitute the entire agreement and understanding between us and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of these Terms. You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing. We may assign, transfer or sub-contract any of its rights or obligations under these Terms to any third party at its discretion. No relaxation or delay by TopMinds Tutoring in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by TopMinds Tutoring in writing. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect. The agreement between you and TopMinds Tutoring will be concluded in English only.

Contact us

Email: contact@topmindstutoring.com