Terms and Conditions
We, Alpha Grinds (“the Organiser”), arrange all the tuition on this website. Your tutor is the person who gives the tuition to you (“the Consumer”). (S)He is not responsible for organising the tuition, payment or other component parts of the Tuition. The following terms and conditions show your and our commitments as part of your booking. These terms and conditions, with all the other information on this website, form the basis of the contract between you and us.
1. THE CONTRACT
(a) A Contract shall exist once the Consumer has completed the Organiser’s Booking Form and paid a deposit or full payment for the tuition to the Organiser and the Organiser has confirmed his acceptance of the booking.
(b) The Organiser reserves the right to terminate the contract if the behaviour or conduct of a Consumer either prior to or during tuition is likely to endanger the safety or well being of other Consumers or Tutors in his/her company or that of the Consumer him/herself or if (s)he is causing unreasonable or undue disturbance or annoyance to other Consumers or Tutors.
(c) Once a contract is entered into by the Consumer, (s)he may not engage the tutor provided by Alpha Grinds in tuition other than the tuition agreed upon between Alpha Grinds and the Consumer. If the Consumer breaches this, Alpha Grinds has the right to pursue legal action.
2. PERSONS WITH A DISABILITY
It shall be the Consumer’s responsibility to disclose, prior to booking, to the Organiser any physical or mental condition which may be relevant.
The Organiser cannot be held responsible if the Consumer fails to alert the Organiser to any special needs/requirements that will affect the tuition experience.
3. PAYMENT AND CANCELLATION
The tuition must be paid for in full at least 24 hours before the scheduled date of tuition. If it is not paid by that time, the Organiser shall have the option to cancel the tuition at his/her discretion. If the Organiser exercises that option or if the Consumer cancels the tuition the following cancellations are payable by the Consumer: (these cancellation charges are applied in order to cover the Organiser’s expected losses):- More than 24 hours before the tuition time, no penalty is incurred. Within 24 hours of tuition, 50% of the cost of the tuition is forfeited; the Organiser may act at his/her discretion in this regard depending on circumstance. Within 3 hours of tuition 100% of the cost of the tuition is forfeited.
(a) Where the Consumer is prevented from proceeding with the tuition, (s)he may where practicable transfer his/her booking, having first given the Organiser reasonable notice in writing of his/her intention to do so before the tuition date. Requests for transfer of a booking cannot be accepted within 24 hours of the intended date of tuition.
(b) A consumer who transfers a tuition booking (i.e. from one subject to another) shall be liable to the Organiser for payment of any balance due in respect of the tuition package and for a substitution fee of €20 per person substituted. The substitution fee can be waived at the Organiser’s discretion.
5. ALTERATION BY THE CONSUMER
If after acceptance by the Organiser a Consumer wishes to alter tuition, the Organiser may, in his/her absolute discretion, if practicable, facilitate that change. Requests for a change to the date of tuition or place of tuition cannot be accepted within 24 hours of commencement of the tuition. A request for alteration must be in writing, by email, and an additional payment of €20 per person may apply, at the Organiser’s discretion. Alterations from one academic year to another are not possible. If the alteration is impracticable the original tuition arrangement shall continue to apply.
6. ALTERATION BY THE ORGANISER
(a) The Organiser reserves the right to alter, change, curtail or cancel tuition.
(b) If as a consequence of “force majeure” (as hereinafter defined in sub-paragraph (c) of this clause), the Organiser is obliged to curtail, alter, extend or cancel tuition, the Consumer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of the said curtailment, alteration, extension or cancellation of the tuition.
(c) The term “force majeure” is herein defined as Acts of God, natural disasters, adverse weather conditions, fire or other destruction of any vehicle to be used in connection with a tuition, riots, acts of war, acts of terrorism, civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.
7. DEFAULT BY THE CONSUMER
(a)The Consumer shall check all documentation immediately as it is furnished to him/ her. If the Consumer considers any document is incorrect or has a query in relation to the contents he shall forthwith notify the Organiser of his/ her concern and the Organiser shall respond as soon as possible.
(b)The Consumer is solely responsible for ensuring that (s)he presents him/herself at the place of tuition in sufficient time. If the Consumer arrives after the time stipulated in the documentation provided to the Consumer, the Organiser shall not be obliged to carry out the tuition with the Consumer and shall be entitled to treat the tuition as having been cancelled by the Consumer.
(a) If the Consumer wishes to make a complaint in relation to tuition, (s)he must inform the Organiser by contacting the Organiser directly when the complaint arises and shall if the Organiser requires, complete a form setting out in detail the Consumers complaint. If the Consumer fails to comply with such requirement, the Organiser shall be entitled to recover the cost from the Consumer of any additional expenses incurred by it in carrying out subsequent investigation of a complaint which is found to be unjustified.
(b) Notwithstanding any action taken under sub-paragraph (a) of this clause the Consumer shall be obliged to notify the Organiser of any unresolved complaint not later than 24 hours after the tuition. The Organiser shall be entitled to a reasonable period of time within which to investigate any written complaint received from the Consumer and to respond thereto before any arbitration or other legal proceedings are initiated by or on behalf of the Consumer.
9. LIMITATION OF LIABILITY OF THE ORGANISER
The Organiser shall not be liable for any damage caused to the Consumer by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of the Organiser or tutor acting on the Organiser’s behalf nor to that of another supplier of services because:–
(i) the failure which occurs in the performance of the contract is attributable to the Consumer;
(ii) such failure is attributable to a third party unconnected with the provision of the services contracted for, and is unforeseeable or unavoidable; or
(iii) such failure is due to:–
(a) unusual and unforeseeable circumstances beyond the control of the Organiser or the tutor acting on his/her behalf, the consequences of which could not have been avoided even if all due care had been exercised; or
(b) an event which the Organiser or the tutor acting on his/her behalf, even with all due care, could not foresee or forestall.
10. BEHAVIOUR OF CONSUMERS
(a) The Consumer acknowledges and agrees that the behaviour of other consumers, tutors or otherwise is a matter outside the control of the Organiser and that the Organiser is not liable for any disruption, inconvenience, disturbance or diminution of the helpfulness of the Consumer’s tuition arising from the misbehaviour of other Consumers. In the event of a Consumer complaining to the Organiser of the behaviour of such, the Organiser will, if such complaint is justified, endeavour to resolve the problem. However, parents/guardians are responsible for the behaviour of minors.
(b) The Consumer acknowledges that (s)he is responsible for his/her own actions and the effect they may have on others. If the Organiser (or any other person in authority) believes that the Consumer’s actions could upset other customers or tutors, or put them in danger or damage property, the Organiser reserves the right to invoke clause 1b) above (i.e. reserves the right to terminate the tuition). In this event, the Organiser will not pay compensation, refunds, or meet any expenses the Consumer suffers as a result.
11. ARBITRATION AND LEGAL PROCEEDINGS
Any dispute or difference of any kind whatsoever which arises or occurs between any of the parties hereto in relation to anything or matter arising under, out of or in connection with this contract shall be referred to arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators – Irish Branch. Alternatively, claims which fall within the jurisdiction of the Small Claims Court may be referred to that court.
This Contract and all matters arising hereunder is to be governed and constructed in accordance with the laws of the Republic of Ireland and the parties hereby irrevocably submit to the jurisdiction of the Courts of the Republic of Ireland.
13. DATA PROTECTION ACT 1988 & 2003
We are committed to protecting your privacy and personal information. We will use all personal information disclosed for the purpose of fulfilling our Contract with the Consumer as a tuition Organiser. We will not provide the Consumer’s personal information to any third parties without their expressed consent. Copies of personal information held by us can be provided on request to the Consumer. The Consumer has the right to have any inaccurate information rectified or erased. To unsubscribe from our direct mailing list, to access personal information or to seek to rectify or erase inaccurate information, the Consumer must email or write to Alpha Grinds.