Terms and Conditions

1. Introduction

These terms and conditions (Terms) apply when you use this website (Website).

You agree to be bound by these Terms which form a binding contractual agreement between you and us, Sophyra Limited, a company registered in Ireland under company number 817595 and trading as Sophyra Tutors (registered business name No. 790687), with registered office at First Floor, Penrose 2, Penrose Dock, Cork, T23 YY09, Ireland, telephone +353 83 822 8784, email support[@]sophyratutors.com ("our", "we", or "us").

If you do not agree to these Terms, you must refrain from using the Website.

We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

2. Access and use of the Website

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors, and any other agents who use or access the Website comply with the Terms and any applicable laws.

3. Your obligations

You must not:

• copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher, or decompile any part or aspect of the Website without our express consent;
• use the Website for any purpose other than browsing our website, using the website's video and audio platform and interactive whiteboard features as part of our services offering;
• use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
• use, or attempt to use, the Website in a manner that may interfere with, disrupt, or create undue burden on the Website or the servers or networks that host the Website;
• use the Website with the assistance of any automated scripting tool or software;
• act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; or
• attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by gaining unauthorised access to Website accounts or data, scanning, probing, or testing the Website for security vulnerabilities, overloading, flooding, mailbombing, crashing, or submitting a virus to the Website, or instigating or participating in a denial-of-service attack against the Website.

4. Information on the Website

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

• the Website will be free from errors or defects;
• the Website will be accessible at all times;
• messages sent through the Website will be delivered promptly, or delivered at all;
• information you receive or supply through the Website will be secure or confidential; or
• any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices, and other Website Content.

5. Fees, termly enrolments, and cancellation

Tuition fees are as published on our pricing page, or as agreed in the engagement letter for your programme. Where the engagement letter and this section differ, the engagement letter applies, except that nothing in an engagement letter limits your right to cancel under the Consumer Rights Act 2022, set out below.

Termly enrolments apply to subject tuition and IMAT preparation; Oxbridge interview, ESAT and UCAT preparation is booked and billed by the session. An enrolment reserves a weekly slot with the same tutor for a ten-week term, and lessons are charged at the same rate whether they are booked singly or as a term. If you cancel an enrolment before the end of the ten-week term, lessons already delivered are billed at the published single-lesson rate of €100 per 60-minute session. Any amount you have already paid will be set against that total and the difference invoiced or refunded, and the total charged will never exceed the termly price.

Term dates are published on our pricing page. Each term is ten teaching weeks with a half term in the middle, and a student joining after a term has started is charged only for the lessons remaining in it. Where an enrolment is paid in two instalments, the first covers the first five lessons and the second falls due at half term. An enrolment does not renew itself: we agree each new term with you before it begins, and nothing is charged for a term you have not agreed.

Your right to cancel. When you book lessons with us at a distance, for example online or by email, you may cancel within 14 days of the day the contract is made, without giving any reason (sections 112 and 113 of the Consumer Rights Act 2022). To cancel, tell us of your decision clearly, for example by email to support[@]sophyratutors.com; you may use the model cancellation form below, but you do not have to, and it is enough to send your message before the 14 days end (section 115). If you ask us to start lessons within those 14 days and then cancel, you pay for the lessons delivered up to the day you tell us, in proportion to the total price agreed (section 119). Once every lesson in the contract has been delivered, where the lessons began at your express request and with your acknowledgement that you would then lose the right to cancel, the right to cancel no longer applies (section 111). If you cancel, we refund any payment due to you without undue delay and at the latest within 14 days of the day you tell us, using the same means of payment unless you expressly agree otherwise, and you pay no fee for the refund (section 117). If you cancel the contract within those 14 days, this paragraph applies in place of the enrolment and late-cancellation charges in this section.

If you need to cancel or move an individual lesson, please tell us at least 24 hours before it is due to start. We will reschedule the lesson, or refund it if we cannot find a suitable time. Where a lesson is cancelled with less than 24 hours' notice, the fee for that lesson is not refundable.

If a student does not join a lesson, the tutor stays in the online classroom for 15 minutes. After that the lesson is treated as delivered and the fee is not refundable. If a tutor cannot attend, or we cannot deliver a lesson for a reason of ours, we will reschedule it at no additional cost, or refund it if we cannot find a suitable time.

6. Revision courses

We no longer offer revision courses or group classes, and we do not take new registrations for them.

If your student registered for a revision course before we withdrew them, we will contact you to arrange one-to-one lessons instead, or to release the place. Nothing is payable until you agree in writing.

7. Intellectual property

We retain ownership of the Website and all materials on the Website, including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads, and software (Website Content), and reserve all rights in any intellectual property rights owned or licensed by us not expressly granted to you.

You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify, or publish the Website or any Website Content without prior written consent from us or as permitted by law.

8. Links to other websites

The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

9. Security

We do not accept responsibility for loss or damage to computer systems, mobile phones, or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process you employ for accessing the Website does not expose you to risk of viruses, malicious computer code, or other forms of interference.

10. Reporting misuse

If you become aware of misuse of the Website by any person, any errors in the material on the Website, or any difficulty in accessing or using the Website, please contact us immediately using the contact details provided on our Website.

11. Lessons, recording and safeguarding

Lessons are delivered online through our portal and every lesson is recorded. Recording is a safeguarding measure: it protects your child and it protects the tutor, and it means that if a concern is ever raised there is a record of what actually happened.

Recordings are not routinely watched. Access is restricted to the authorised Sophyra personnel who deal with safeguarding, welfare, complaints or legal matters, and every viewing is logged. Tutors cannot download or keep a copy, and recordings are not released to tutors, students or parents. Routine recordings are kept for 90 days and then deleted, unless a particular one has to be kept for a safeguarding concern, complaint, legal claim or legal duty.

A parent or guardian may join any lesson at any time. Tutors and students communicate inside the portal only, and tutors are not given your contact details or your child's surname.

Because recording is part of how the service is designed to be safe, it is not something that can be switched off for an individual lesson. Our safeguarding commitments explain the wider arrangements, including tutor vetting and how to raise a concern.

12. Privacy

You agree to be bound by our Privacy Policy, which explains what personal data we collect about you and your child, how lesson recordings and progress reports are handled, and your rights.

By accepting these terms you confirm that you have read the Privacy Policy and the section above on lessons, recording and safeguarding, and that you have authority to arrange tutoring for the student and to accept these terms on their behalf where the student is under 18.

13. Liability

We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Website and the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this Website.

To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms, including the provisions of sections 3, 6, and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

Nothing in these Terms shall exclude or limit a party's liability for fraud or intentional unlawful conduct, or death or personal injury resulting from a party's negligence.

14. General

Governing law and jurisdiction

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Ireland. Each party irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation.

Third party rights

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

Assignment

A party cannot assign, novate, or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

Entire agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding, or agreement, express or implied, in relation to the subject matter of this agreement.

Currency

A reference to €, or "euro", is to Euro currency, unless otherwise agreed in writing.