Legal Statement

Access to and use of the Atom Learning Ltd site is subject to the following terms and conditions and the laws of England and Wales.

Our T&Cs

Terms and conditions

Last update 18.03.2022

for

Atom Learning Ltd

For Users

(hereinafter "T&Cs")

SCOPE

1.1. Atom Learning Ltd provides an online platform for learning and tutoring services (hereinafter the “Platform”) under the domains atomlearning.co.uk, app.atomlearning.co.uk, atomlearning.com and app.atomlearning.com. 1.2. These T&Cs shall apply to all persons registered on the platform as Users (hereinafter referred to as “User”). They regulate the rights and obligations of Users when visiting the platform and when using the functions and services offered on it. 1.3. These T&Cs shall apply exclusively to the use of the platform as a User. Any deviating, contradictory or supplementary T&Cs shall not form part of the business relationship between the User and Atom Learning, even if they have not been expressly contradicted. Deviating, contradictory or supplementary T&Cs shall only be valid if Atom Learning has agreed to them in writing. 1.4. Atom Learning may change the provisions of these T&Cs at any time without stating the reasons. Such changes shall be posted on the platform. If the User continues to use the Platform after becoming aware of the amended T&Cs, the amendments are deemed to be accepted.

SUBJECT OF THE CONTRACT, SERVICE DESCRIPTION

2.1. Users and persons registered as Tutors (hereinafter referred to as “Tutor”) can arrange online Video Lessons (hereinafter referred to as “Video Lessons”) via the platform or via the Atom Learning client management team. 2.2. All persons who wish to offer Video Lessons via the Platform can register as Tutors. These persons do not have to be school teachers. If services offered by Tutors via the Platform are subject to charges, this will be expressly and clearly indicated. 2.3. If a User and Tutor agree upon Video Lessons, the contract for this shall be concluded directly between the User and the Tutor (hereinafter “Tutor Contract”). 2.4. Atom Learning operates the Platform and arranges Tutor Contracts on behalf of Tutors for Users of the platform. In addition, Atom Learning offers certain services in connection with the onboarding of Users and also provides support in the processing of Tutor Contracts. Atom Learning is authorised to accept payments in the name and on account of Tutors. However, Atom Learning itself does not become a party to the Tutor Contracts concluded between Users and Tutors. 2.5. Atom Learning may also provide other services via the Platform (e.g. a homework chat or a free trial lesson to test Video Lessons). However, Atom Learning is not obliged to make such offers available.

REGISTRATION, CONSENT OF THE LEGAL REPRESENTATIVE

3.1. Use of the Platform requires a corresponding subscription to Atom Nucleus. In the course of registering for the Platform, the User agrees to the validity of these T&Cs. Use of the Platform as a User or Tutor is reserved for registered persons. 3.2. In the course of registration, the User must provide all information completely and truthfully and update it immediately in the event of any changes. 3.3. There is no right to registration on the Platform. Atom Learning reserves the right to refuse to register a person as a User without stating the reasons or to exclude already registered Users from using the Platform without giving reasons. Any credit purchased and not yet consumed at the time of exclusion will be refunded by Atom Learning to the excluded User. To make this payment, Atom Learning shall use the same means of payment that the User originally used to purchase the credit. 3.4. Registration on the Platform is possible regardless of age. However, in order to use chargeable services (Video Lessons) via the Platform, Users must be at least 14 years old and Tutors at least 18 years old. If a User or Tutor has not yet reached the respective minimum age, the prior consent of the person’s legal representative is required.

TUTOR CONTRACT FOR VIDEO TEACHING, PURCHASE OF CREDITS

4.1. Tutor Contracts are concluded between a User and a Tutor in accordance with the relevant provisions of these T&Cs. 4.2. Users can conclude a Tutor Contract with a Tutor by purchasing credits for Video Lessons via the Platform. The processing of the credit payment to the Tutor is administered by Atom Learning. One credit corresponds to one Video Lesson. Unused credits for Video Lessons can expire if they are not used up within a certain period of time. 4.3. For the duration of the contract period, the user will be credited monthly at the beginning of each month with the number of sessions specified in the contract, and the corresponding sum will be debited automatically. Credited sessions can be freely used for booking in lessons until the next recharge date; they cannot be carried beyond the next recharge date. 4.4 Credits can also be purchased in one up front payment. When credits are purchased up front, there may or not be a time limit placed upon the credits before they expire. This will be agreed in writing at the time of purchase. Credits purchased upfront are purchased for one client and cannot be transferred between students. 4.4. If the User or their legal representative agrees to a Tutor Contract with a tutor or an Atom Learning client manager via email or via an in-app messaging system or via any other online or offline means, they make a binding offer to the (previously selected) Tutor to conclude a Tutor Contract as well as to purchase the credit balance required for this and thus an offer to conclude a contract for a fee. Atom Learning sends a confirmation message to the User (on behalf of and in the name of the respective Tutor) to accept this offer. 4.5. Before concluding the Tutor Contract, the User is given the opportunity to check all details again and to change them if necessary. 4.6. Atom Learning has merchant accounts with the external payment service Stripe. The User transfers the payments to the merchant account of Atom Learning with the respective payment service provider. The User thereby acquires credit for the use of Video Lessons with the respective Tutor via the Platform.

VIDEO LESSONS, AUTOMATIC EXTENSION

5.1. Tutor Contracts can be concluded (in particular) in the form of different packages of lessons to be consumed by the User within a certain period of time. The prices of the different packages may vary depending on the number of units and the period of time envisaged for the consumption of the units. 5.2. The respective current prices are available from an Atom Learning client manager. Atom Learning reserves the right to change prices at any time. Such changes only apply to units/packages purchased after such a change. 5.3. Payment of the credit for Video Lessons is made either (partially or fully) in advance and/or in monthly instalments via the selected payment provider. 5.4. After the expiration of the term, the contract is extended by another package with the same conditions (units, period and price). If this is not desired by the user, the user must contact in writing their Atom Learning client manager to inform them that they will not renew the contract. The user can inform their Atom Learning client manager that they will not renew the contract with up to 7 days notice before the end of the contract period. Otherwise, the teacher contract will be renewed for another package with the same conditions (units, period and price). For the payment, the agreement chosen in the original teacher contract applies (see also point 5.3). If the contract is not cancelled, the current contract will be extended without a new right of revocation (Point 12.).

RIGHTS AND OBLIGATIONS OF USERS

6.1. The User agrees that Atom Learning will deduct the amount per unit agreed upon the conclusion of a Tutor Contract from the User’s credit balance and credit the Tutor with the credit balance due to them for this unit. If credit expires because it is not used by the User within the time period provided for this purpose, it will also be deducted from the User’s account. 6.2. The User can reschedule a lesson up to 24 hours before it has been agreed with a Tutor to take place without incurring any costs. If the User fails to reschedule a lesson with at least 24 hours notice of the agreed time or does not turn up to the lesson, Atom Learning reserves the right to deduct one unit of Video Lessons from the User’s credit balance in the name and for the account of the Tutor. It should be noted that each Tutor is free to agree their own arrangements with a User for the latest possible rescheduling free of charge. 6.3. The User undertakes to keep secret the access data provided by Atom Learning. The User is responsible for all activities on their user account. 6.4. The User agrees to notify Atom Learning immediately if there is any suspicion of unauthorised use of their user account. If there is suspicion of unauthorised use of a user account or if a User violates applicable legal regulations or these T&Cs, Atom Learning reserves the right to block the user account.

INFORMATION ABOUT TUTORS

7.1. During registration, Tutors indicate in which subject areas (e.g. school subjects) they would like to offer Video Lessons. If requests for Video Lessons in a relevant subject area are received from a User, Atom Learning may notify a Tutor; however, there is no obligation to do so. On the other hand, there is no obligation for the Tutor to respond to a request for a Video Lessons. 7.2. A User has no right to be referred to a particular Tutor. The availability of Tutors is exclusively based on the times they themselves have indicated to Atom Learning. 7.3. There is no employment or freelance service relationship between a Tutor and Atom Learning. Tutors are not subject to instructions from Atom Learning and act independently when holding Video Lessons. They are also not authorised to represent Atom Learning in legal transactions.

## USE OF PLATFORM

8.1. Atom Learning shall make the Platform available for use 24⁄7. However, Atom Learning cannot guarantee that the software is error-free nor that there will be no platform downtime. Furthermore, the Platform may be temporarily unavailable due to maintenance work. Atom Learning will announce scheduled maintenance work on the Platform in a timely manner. However, Atom Learning is not obliged to update the Platform. 8.2. The Platform, the underlying software and all teaching and testing materials are copyrighted and may not be used or modified beyond the agreed rights of use without prior written consent from Atom Learning. Likewise, the design of the Platform and in particular the content placed on the Platform (e.g. databases, photos, images, logos, videos, texts, graphics, etc.) are copyrighted or are subject to other laws for the protection of intellectual property and, unless otherwise indicated, may not be used or modified beyond the agreed rights of use without prior written consent from Atom Learning. 8.3. The User expressly acknowledges and agrees that in particular, but not exclusively, the distribution of the following content via the Platform is prohibited: a. racist, pornographic, obscene, insulting, vulgar, violent, belittling and immoral content; b. insulting, hurtful comments or threats against other Users, Tutors or third parties; c. content which impairs or endangers children or young people in their development or upbringing or which violates human dignity or other legally protected interests; d. content that could lead others to criminal or other immoral acts; e. copied content to which the Tutor has no rights or which was provided by other registered persons; f. content that poses a security risks, such as viruses; g. Sending unsolicited advertising emails, junk emails, other unsolicited messages, so-called email bombs etc. to other Users, Tutors or third parties or setting links to third-party pages for distribution purposes. 8.4. The User grants Atom Learning the free, non-exclusive, perpetual and unrestricted right to use, edit, copy and distribute reviews, photos, graphics, texts, audio messages and videos posted on the Platform for provision on the Platform and for advertising the Platform. 8.5. The use of tools for data analysis of the Platform content is not permitted. 8.6. Atom Learning is entitled at any time to restrict or completely discontinue the services offered via the Platform without stating the reasons. Significant changes or restrictions to the services offered will be announced on the Platform in good time. 8.7. A restriction or discontinuation of the services offered by Atom Learning does not change these T&Cs. Atom Learning can only change the T&Cs in accordance with the procedure stipulated in Section 1.4.

WARRANTY, WITHDRAWAL FROM TUTOR CONTRACT

9.1. If a Tutor has not fulfilled a Tutor Contract or has fulfilled it to an unsatisfactory standard (e.g. non-appearance, late arrival or lack of professional competence), the User can make a justified complaint to their Atom Learning client manager. Atom Learning will mediate between the User and Tutor. The User and Tutor agree that Atom Learning will have the final say on the existence and amount of any claim for a credit refund. If Atom Learning considers the User’s complaint to be justified, the credit for a unit of Video Lessons shall be credited to the User’s credit account and any credit already transferred to the Tutor’s credit account for the unit shall be deducted from the Tutor’s credit balance. 9.2. In cases of serious violations by a Tutor or in cases of non-fulfilment of the Tutor Contract, an attempt shall be made to find a replacement Tutor for the User at the User’s request. If a replacement Tutor is found, the Tutor Contract is transferred to the replacement tutor and the unused credit shall be available for Video Lessons with the replacement tutor under the previously agreed conditions (open units/agreed time period). If no replacement tutor can be found or if the User has already had one replacement tutor and does not wish to have a second replacement tutor, the User has the right to terminate the Tutor Contract pursuant to clause 13.

LIABILITY

10.1. Atom Learning shall assume no liability for the fulfilment of contractual or other obligations of Tutors towards Users. In particular, Atom Learning is not liable for the availability of Tutors or for any damage incurred by the User in connection with the performance of a Tutor Contract. With regard to the reimbursement of the credit used for a video lesson unit, a User must proceed in accordance with point 9.2. All claims over and above this must be made directly to the respective Tutor. 10.2. Atom Learning shall not be liable for the content provided by Users or Tutors on the Platform or the content of websites to which Atom Learning is linked. For illegal, incorrect or incomplete content and especially for damage resulting from the use or non-use of such information, the respective User, Tutor or website provider of content to which Atom Learning is linked is solely liable. The User is therefore solely responsible for critically reviewing and evaluating the content of other Users and Tutors.

EXEMPTION FROM LIABILITY ON THE PART OF THE USER

11.1. The User undertakes to indemnify and hold Atom Learning completely harmless if Atom Learning is held liable by Tutors for claims arising from Tutor Contracts or by other Users, Tutors or third parties for civil or criminal, judicial or extrajudicial claims arising from the content posted by the User on the Platform. The indemnification also includes penalties, damages and all costs of legal defence.

RIGHT OF REVOCATION FOR USERS (TUTOR CONTRACT)

12.1. In the event that a User concludes a Tutor Contract with a Tutor, the User has the right to terminate the contract without stating the reasons within 14 days from the day the contract was concluded. 12.2. In order to exercise the right of revocation, the User must inform in writing their Atom Learning client manager, who will provide confirmation of receipt of the right of their wish to terminate the Tutor Contract. 12.3. If the User revokes the Tutor Contract, all credits for Video Lessons will be repaid to the User within fourteen days of the day on which the notification of revocation of the contract was received. For this repayment, the same means of payment shall be used as the one used for the original purchase of credits. 12.4. The right of revocation no longer applies as soon as the first paid tutor video lesson takes place, whether or not the user attend the tutor video lesson. 12.5. After expiry of the 14-day revocation period from the day the contract was concluded, the User can no longer terminate the Tut or Contract and cannot reclaim the amount paid for the purchase of credits. The right to an extraordinary revocation of the Tutor Contract remains unaffected. In the event of an extraordinary revocation, the User may reclaim the amount paid for all unused credits.

CONTRACT DURATION/TERMINATION

13.1. The Tutor Contract can only be terminated extraordinarily under official proof of the following reasons:

  • in case of severe, persistent illness of the user, which makes participation in the Video Lessons unreasonable.

  • In case of at least 3 months unemployment and the consequential loss of earnings (provided that employment was in place upon initial contract completion).

  • in case of relocation abroad with such a large time difference that participation in the Video Lessons is unreasonable.

  • if no substitute teacher can be found within a reasonable time frame according to point 9.2.

APPLICABLE LAW, PLACE OF JURISDICTION

14.1. These T&Cs and all further agreements with Atom Learning are exclusively subject to the court of England and Wales.

FINAL PROVISIONS

15.1. In case of contradictions between these T&Cs and deviating written agreements between a User and Atom Learning, the provisions of the deviating agreements shall take precedence over these T&Cs. 15.2. If individual provisions of these T&Cs are invalid, it shall not affect the remaining content of the T&Cs. The invalid provision(s) shall be replaced by a provision(s) that is legally valid. 15.3. A “third party” within the meaning of these T&Cs is any natural or legal person who is different from the person registered as a User and from Atom Learning. 15.4. Unless otherwise stipulated in these T&Cs, neither a User nor Atom Learning may transfer or assign the provisions and rights from these T&Cs to third parties without the written consent of the other party.

Copyright

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