SUSAN DAUGTHREY EDUCATION

SDE (Tuition) LLP – Courses

OBJECTIVES

The primary objective of the Course is to offer a first-class quality Course where every effort is made to address the student’s weaknesses, to maximise his/her examination performance and to extend each student to his/her fullest potential so the child has the best possible chance of success in the 11+.

In order to create the best learning environment for each pupil, all reasonable efforts will be made to achieve the following objectives:

That each pupil is able to learn in a safe environment;
That each pupil’s progress or ability to learn and improve his/her performance is enhanced by a focused learning environment, free from distractions and not impeded by the poor conduct or behaviour of other children in the class; and
That each pupil shows courtesy and respect to the teacher of the class, the other children in the class and any other persons he or she comes into contact with on the course and/or while at the course venue.

TERMS AND CONDITIONS

1. Definitions

In these Terms and Conditions, the following terms have the meanings stated below:

"Child"	means the child who is registered to attend an SDE course and whose name appears on the Registration Form;
"Client"	means the parent or guardian of a Child registered to attend an SDE course whose name appears on the Registration Form; and
"SDE"	means in the case of the 11+ Course, the 11+ Workshops (if opted for) and the 11+ Refresher Course (if opted for), SDE (Tuition) LLP, a limited liability partnership registered in England with LLP number OC422318 and in the case of the 11+ Mock Exams Sessions (if opted for), Susan Daughtrey Education LLP, a limited liability partnership registered in England with LLP number OC381033.

2. Parties etc.

2.1. This agreement is between the Client and SDE. Neither the Client nor the Child has any direct or indirect contractual or other relationship with any other person or entity other than SDE.

2.2. This agreement supersedes and replaces any previous agreement(s) between the Client and SDE.

3. Safety

3.1. The Client shall, prior to the commencement of the course and at regular intervals during the continuation of the course, emphasise to the Child the importance of remaining under the supervision of the teacher at all times during class and while at the course venue. The Child should be instructed not to leave the course venue under any circumstances unless accompanied by the Client or the person nominated by the Client to deliver and collect the Child from the course venue.

3.2. The Client shall ensure that he or she or, where relevant, the person with responsibility to deliver and collect the Child to and from the course venue on the relevant course date personally:

delivers the Child to the custody of the teacher in charge of the Child’s course; and

collects the Child from the teacher in charge of the Child’s course.

4. Medical conditions, medication and treatments

4.1. The Client shall notify SDE in writing at registration if the child suffers from any medical injury, condition (including any allergies) or disability that ought properly to be brought to the attention of SDE so that an assessment of the needs of the child can be made.

4.2. In the event that the child develops a medical condition (including any allergies) while attending an SDE course, the Client shall inform SDE in writing in advance of the lesson so that an assessment of the needs of the Child can be made.

4.3. The Client shall ensure that any medication or treatment that the Child is receiving (either at the time of registration on the course or during the continuation of the course) is brought to the attention of:

4.3.1.	prior to registration, or at such time during the course as the medication or treatment commences, to SDE by notice in writing; and
4.3.2.	at the commencement of each lesson, to the teacher of the class.

4.4. SDE and its teachers are not trained or insured to administer medications and, accordingly, are unable to administer medications to children attending SDE courses. If required, the Client shall administer the medications having first advised SDE of the circumstances.

4.5. SDE reserves the right at any time and without further notice to the Client to refuse to administer medication or treatment. Such refusal to administer medication shall extend, without limitation, to a decision, to be made by the teacher or relevant SDE employee, consultant or agent who may need to make such a decision following the development of a medical condition or emergency situation while the Child is in the custody of SDE. In such circumstances the teacher or relevant SDE employee, consultant or agent may contact the emergency services and/or the Client if they consider it appropriate to do so.

4.6. In the event that SDE is notified that a pupil in a class has a food allergy (or other similar condition), the teacher will take reasonable precautions to protect that pupil from exposure to the cause of the allergy (or other similar condition) but SDE cannot guarantee non-exposure.

5. Payment

All course fees are to be paid on the date(s) set out in the Registration Form and, in the event that the Client fails to make payment on the due date(s), the Child shall not be entitled to attend the course and SDE reserve the right to cancel the Child’s place and to allocate the Child’s place to another pupil without further notice. Cancellation in such circumstances is without prejudice to the other remedies SDE may have against the Client in respect of such non-payment.

6. Withdrawal / Cancellation / Curtailment / Non-attendance

If you wish to cancel the Child’s place on the Course at any time, including before the Course has started, you may do so by notifying SDE in writing by email to jdaughtrey@sde11plus.com. You will not be liable for any direct debit instalments due after the date of notification of withdrawal, however you will not receive a refund of any payments made or due prior to or on the date of withdrawal. Once you have withdrawn your child from the Course, your child is not entitled to attend any further lessons. You are not required to return any homework materials (such as the Prep Bag) supplied to your child prior to the date of withdrawal.

6.2. The Client is assured that SDE will use its reasonable endeavours to deliver the course on the date(s) and time(s) set out in the Prospectus. However, there may be exceptional circumstances in which it is necessary for SDE to cancel the course, for example, where a teacher becomes unwell and is unable to deliver the course or a course venue is, for some reason, no longer available. In the extremely unlikely event that a course is cancelled part way through its delivery, SDE will refund a pro rata amount of the course fee to take account of the part of the course which is not delivered and the Client's entitlement to such a pro rata refund will be its sole remedy against SDE in these circumstances.

6.3. At any time on or prior to the date on which the first lesson of a course is to be delivered, SDE reserves the right to cancel:

6.3.1.	the course; or
6.3.2.	the Child’s place on the course;

and, in such circumstances, the Client’s only remedy against SDE shall be to a refund of the payment(s) he or she has already made to SDE for such course.

6.4. SDE reserves the right to remove a Child from one or more classes (or, where appropriate, the remainder of the course) in the event that the Child’s conduct or behaviour is, in the opinion of SDE, such that it:

6.4.1.	prevents or inhibits (or is likely to prevent or inhibit) SDE from meeting the objectives (stated above these Terms and Conditions) for the benefit of all pupils on the Child’s course; or
6.4.2.	interferes (or is likely to interfere) with the proper management of the class by the teacher having regard, in particular, to the health and safety of all pupils, the teacher and any other persons who are (or may be) present at the course venue.

For the purposes of this clause 6.4, SDE's decision as to what constitutes behaviour or conduct which has the effect(s) (or is likely to have the effect(s)) set out above shall be final and binding on the parties.

6.5. In the event that a Child is for any reason unable to attend a class, application may be made in writing to SDE to arrange an alternative date in another class to be provided by SDE (if any). SDE shall make reasonable efforts to accommodate the child but accommodation shall at all times be subject to availability (including, for the avoidance of doubt, sufficient space, in the opinion of SDE, for the Child to attend in addition to the pupils already scheduled to attend such class). In the event that no alternative class is available, or if the Child is unable to attend an alternative class offered to the Client by SDE, SDE shall, on request, indicate the work the Child should complete at home (where possible). For safety and logistical reasons, no Child shall be admitted to an alternative class where prior arrangement has not been made with SDE by following the procedures set out in this clause.

7. Customer satisfaction

7.1. In the unlikely event that you are not happy with the services provided by SDE, in the first instance please raise your concerns with the course teacher at the first available opportunity.

7.2. In the event that having raised your concerns with the course teacher the matter has not been resolved to your satisfaction, please contact Susan Daughtrey Education's head office by email to the following email address providing as much information as possible about your circumstances jdaughtrey@sde11plus.com.

8. Intellectual Property

8.1. It is hereby acknowledged by the Client that SDE has certain valuable intellectual property rights including, without limitation, copyright, trademarks, trade names and trade secrets (e.g. techniques) with respect to the provision of its courses and other services which are provided by SDE (together “Intellectual Property”).

8.2. All Intellectual Property provided to the Client and/or Child (howsoever supplied, including without limitation, in hard or electronic form):

8.2.1. shall remain the sole and exclusive property of SDE and no right, title or interest in such Intellectual Property shall transfer to the Client and/or Child under these Terms and Conditions (or otherwise) and no right is given to duplicate or transmit (by electronic means or otherwise) such Intellectual Property (in part or in whole) and no right is hereby or shall be given or implied unless and until stated by SDE in writing; and

8.2.2. shall remain the confidential information of SDE and must not be disclosed, transferred or provided to (whether to review, retain or take copies of) any other person without the prior written consent of SDE.

8.3. Most of the Intellectual Property has been written by SDE for the Susan Daughtrey course. This involves many thousands of hours of writing, reviewing, typesetting and proof-reading work. Whilst considerable effort is made to ensure the Intellectual Property is of the highest standard, due to the considerable volume of work involved in the preparation of the Intellectual Property and the need to regularly update this work to best cater to the requirements of the 11+ tests, we cannot guarantee that the works will be entirely error free. SDE does not accept any liability in respect of any errors in or omissions from the Intellectual Property.

9. Personal data

9.1. We will use the personal data that you give us to:

9.1.1.	provide the tuition services; and
9.1.2.	inform you about similar products or services offered by Susan Daughtrey Education.

9.2. We may store personal data in hard or electronic form and it may be given to, or accessed by, other legal entities (and their respective personnel) trading under the "Susan Daughtrey Education" or "SDE" brand. We will not give, or provide access to, personal data to any third party.

10. Exclusion and Limitation of Liability

10.1. Without prejudice to clause 10.2, SDE's maximum aggregate liability for breach of these Terms and Conditions (including any liability for the acts or omissions of its employees, consultants or agents), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the amount of course fees paid by the Client to SDE for the SDE course(s) the Child is registered to attend.

10.2. Nothing in these Terms and Conditions shall in any way limit:

10.2.1.	either party’s liability for death or personal injury caused by its own negligence; or
10.2.2.	any liability which cannot be excluded by law.

10.3. These Terms and Conditions set forth the full extent of SDE's obligations and liabilities in respect of the course and/or other services provided by SDE including as to its quality, the chances of a Child’s success in the examinations (which, for the avoidance of doubt, is not guaranteed by SDE). Any other condition, warranty, or other term concerning the course or other services to be provided by SDE which might otherwise be implied in or incorporated within these Terms and Conditions, whether by statute, common law or otherwise, is hereby expressly excluded.

10.4. The performance of any Child in the actual 11+ examination is ultimately the sole responsibility of the Child and SDE shall not be responsible or liable for:

10.4.1.	a Child failing the exam(s) or not performing in the exam(s) as expected by the Client and/or Child; or
10.4.2.	without prejudice to the generality of the foregoing provisions of this clause 10.4, any indirect or consequential loss or damage (whether relating to the circumstances provided for by clause 10.4.1 or otherwise).

11. Novation

Client agrees that SDE may transfer the benefit and burden of this contract to another entity trading under the ‘SDE’ and ‘Susan Daughtrey Education’ names. If this happens, SDE will write to Client informing Client of the change.

12. Third Parties

Nothing in these Terms and Conditions is intended to give any person any right to enforce any term of these Terms and Conditions which that person would not have but for the Contract (Rights of Third Parties) Act 1999.

13. General

13.1. Any notice to SDE should be in writing, in an envelope marked “Confidential” and addressed to Susan Daughtrey, Susan Daughtrey Education, at the current Registered Office address of SDE as registered with Companies House with a copy of the same sent by email to jdaughtrey@sde11plus.com

13.2. Any notice to the Client shall be sent to the address of the Client on the Registration Form or as notified to SDE from time to time.