User Agreement

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Elocutionkids.com

Terms of Agreement

General

Elocutionkids.com (EKC) invites you to browse our website and the products and services displayed thereon and gain access to the third-party links without restriction.

However, to purchase EKC products and services from this site you must register as a ‘User’ (referred to herein as “the User” or ‘Users”) by completing the on-line User Application form.

The terms of this User Agreement constitute the terms on which elocutionkids.com offers and delivers its products and services.

In applying to register an account you unconditionally agree to accept and abide by this User Agreement and all EKC Policies, procedures and notices as published by the Company (on our website and elsewhere) from time to time, which taken together form the Agreement between you and EKC. In particular, you agree that you have read and will comply with the terms of our Privacy Policy (displayed on the website).

EKC Products

Once registered as a User you may purchase EKC products (including multiple products) displayed and advertised on this website using the EKC Shop and the on-line checkout facility and you agree to the restriction of EKC’s liability for any specific product as published under the product information and details for that product at the time of purchase.

EKC Services

Once registered as a User you may select to purchase any of the EKC Services and courses displayed upon this website.

As part of the purchasing process for any specific service (lesson or assessment) a Student Enrollment Form is required to be completed. If the student is a child, the parent or guardian will enrol the ‘student’. The Student will be invited to undertake an initial assessment from which we can ascertain the correct level of the services required for the Student’s particular circumstances and proficiency. This is to assist you (the User) to ascertain the services appropriate to the Student’s needs.

In order to provide this Initial Assessment, we will require you to provide us with some personal details pertaining to the Student’s speech and language development. To facilitate confidentiality and data protection you agree we may retain and use such data as set out in our Privacy Policy.

Following the initial assessment, you will be provided with an Initial Assessment Report setting out the Learning Aims and Goals together with a suggested learning and development course to assist in achieving those goals.

It is a condition of accessing the services that you agree to commit to the terms of the Learning Aims and Goals criteria and the associated learning and development programme for the period of the services.

If the Student does not achieve the set ‘learning goals’ through a failure on your part, such as a failure to attend, you acknowledge and agree that EKC has the right to suspend the Student from the course and use your fees to pay for the Tutor’s lost time.

Delivery of Services

EKC will provide services through Executive Language Services (ELT), our in-house Service Provider (SP) who uses its own team of dedicated Tutors. The Services will be delivered subject to ELT’s terms and conditions (below).

ELT’s terms and conditions for delivery of services

Tutors, training location and timetabling

Face-to-face training may take place at ELT Tutor training rooms, or the home of the student (or the premises of the Client where appropriate) for which ELT may charge reasonable travelling expenses.  Such expenses are in addition to the stated training fees.

The timing and frequency of the training is to be mutually arranged between the student and ELT Tutor.

One-to-one, group and speech and language training

For home or tutor-based, training by WebCam and group tuition the Student Enrolment Form together with appropriate payment is to be completed and returned to ELT.

Personal needs analysis

ELT will conduct a company and/or personal needs analysis in order that the student and/or company and its employees may be tutored in the light of its specific training and development requirements.  A needs analysis will take place prior to or on the first lesson.

Group courses and personal tuition

ELT will carry out a placement test of the student’s linguistic ability in order to place him/her in a suitable group.  The placement test may be carried out online, at the EKC Tutor training rooms or at the home or office of the student prior to the commencement of the course.  A telephone test may be arranged if the student is unable to attend in person or by live online WebCam Skype.  The Parent or Guardian of the student is to telephone Customer Services in order to make an appointment unless he/she is a beginner.  Initial assessments are chargeable at £30 for live online assessments, and £55 for face-to-face assessments, excluding Tutor travelling costs where applicable.

All courses and block lessons are to be completed within the period of the course plus 14 days and cannot be carried over.  ELT will permit two periods of one week’s absence from its courses following which it will be deemed that the student is unable to successfully complete the programme and he/she has terminated the course and forfeited his/her payment of fees.

Any change of time and/or date requested by the student will incur a reduction in the duration of formal instruction by 15 minute units per reschedule, save for unavoidable circumstances.

ELT reserve the right to make alterations to training and timetable where necessary.

ELT reserve the right to cancel group courses and/or workshops if sufficient attendee numbers have not been obtained.

ELT accept no liability in relation to incorrect articulation practice should the student fail to follow the correct training procedure.

Platform for delivery of services

Where services are to be delivered by face-to-face tuition via an on-line platform (eg via webcam) EKCs preferred platform for delivery of such services is by Skype – which for EKC’s tuition purposes is a reliable, tried & tested platform with little if any scope for human external interference, interruption or disruption.

Should the Student or the Parent/Guardian expressly request an alternative delivery platform (e.g. Zoom or similar) EKC will endeavour to facilitate delivery via the alternative platform, but the Student or the Parent/Guardian of a ‘minor’ Student accept any and all liability for any external interference (including interruption, intrusion, or disruption by human) of any kind and agree to indemnify EKC in respect of such event for any loss of tuition time or any other loss incurred by any of the parties arising from the use of the alternative platform.

Books and materials

All fees are inclusive of training materials save for recommended books or learning materials recommended by an ELT tutor.

Payment for Products and Services

Products and services are purchased by BACS payment or on-line in advance of delivery. Payment is to be made in full at the time of purchase using the on-line payment method (PayPal) via the Shop at www.elocutionkids.com. Credit card payments may be subject to a PayPal administration fee.

Products can be downloaded immediately the purchase process is complete (but see Cancellation section below). Products may be downloaded up to 5 times. If a product fails to download or if a download is corrupted, the User must contact Customer Services to facilitate delivery by alternate method.

All training and block lessons are payable in advance or as agreed with the Tutor. Fees for courses are not refundable once a course has commenced and no partial refund can be made for lessons the Student does not attend.

Refunds, Cancellations and charges

Products

You acknowledge and agree that the 14 day statutory cancellation right ceases at the point of download of a product. Purchases may be refunded at EKC’s discretion if found to be unsuitable or incompatible with the member’s equipment.

Services

EKC require 48 hours’ notification of cancellation for all training modes failing which late notification will be regarded as a lesson taken.

Cancellation must be made in writing sent by email to the student’s Tutor.

Courses may be cancelled up to the day prior to the course subject to the following charges: 14 days or more before the start of a course - £50; between 14 days and the day before the start of the course – 60% of the total course fee. Cancellation on the course commencement date = 100% course fees being payable.  Cancellation must be in writing and received by email. Acknowledgement of the email is proof of receipt.

Limit of Liability

Registered Users acknowledge they have read and accept the terms of the Legal Notices (displayed on the website) which are hereby incorporated into this Agreement.

The products and services are as described. Whilst EKC will do its utmost to assist the student in achieving their aims and objectives, no warranty is provided as to the suitablity of any of the products and services for the User’s or Student’s purposes or the level of expectation, achievement, or success of the Student from use of the products and services. EKC accepts no liability whatsoever in respect of these matters.

EKC accepts no direct or indirect liability whatsoever for damage of any kind sustained to User’s electronic, receiver or IT equipment and devices, arising from or during the use of the products and services howsoever such might arise. It is for the User/Student is to carry out his/her own virus checks and IT safeguards prior to and during delivery of services.

Training by WebCam Skype

Whilst every effort will be made to ensure adequate reception of any electronic transmission or communication EKC does not accept liability for poor connectivity and/or reception in the provision of online training services. It is for the User/Student to ensure they have sufficient quality of connectivity to receive the training services.

Face to face training

Face to face training will be carried out by the Tutor to the EKC standard and quality at third party venues. You accept that EKC does not have any liability for any event or occurrence or failure whatsoever at or for the third party venue.

Complaints and Disputes

Users hereby agree that any complaint shall be resolved through the Complaints Procedure. If a complaint cannot be resolved through this procedure it may be escalated to the Dispute Resolution Procedure which shall take precedence over any right to litigate.

General

Headings in this User Agreement are for reference only and do not affect the meaning or application of the respective terms.

EKC and/or its third party associates own all rights in this website and its contents exclusively, including all processes, procedures, designs, concepts, works including all copyright and intellectual property rights capable of being utilised in any capacity and for any purpose and hereby claim exclusively all such right and use for any purpose in any context. This website, its contents (whether image, graphics or text), processes, procedures and policies may not be reproduced in part or whole without EKC’s express permission in writing.

The Policies and Procedures posted on the EKC website may change from time to time, such changes coming into effect from the date stated and applying to all subsequent transactions.

EKC may change the terms of this User Agreement from time to time, such changes coming into effect from the date specified and affecting Users from that date, save for services already contracted for.

EKC may assign any or all our rights under this Agreement as we think fit. This User Agreement is between you and EKC and EKC’s successors in title.

In the event that any term or provision in this User Agreement, the Privacy policy or any Policy or Procedure is deemed unlawful or unenforceable as a whole or in part, it (or the contravening part) shall be severed from the whole and the remainder shall remain valid and enforceable to the full extent permitted in law.

Ending this Agreement

EKC may end this agreement forthwith upon any breach of this User Agreement, the Terms of Use of our website, or its Privacy Policy.

Users may end this agreement at any time by de-registering for services and ceasing to use the website. If Users de-register during a period of provision of services, such services will be terminated immediately.

Any termination does not affect EKC’s right, or that of any User to enforce any subsisting rights or the terms of our Privacy Policy.

Upon any termination of this agreement for any reason Users agree to be bound by the terms of our Privacy Policy notwithstanding such termination.[/vc_column_text][/vc_column][/vc_row]

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