Please read these Terms and Conditions carefully. All contracts that the Provider may enter into from time to time for the provision of the Provider’s services shall be governed by these Terms and Conditions, and the Provider will ask the Customer for acceptance of these Terms and Conditions before providing any such services to the Customer.
1.1 Except to the extent expressly provided otherwise, in these Terms and Conditions:
“Business Day” means any weekday other than a bank or public holiday in England;
“Business Hours” means the hours of 09:00 to 17:00 GMT/BST on a Business Day;
(a) any fee(s) payable for Courses, Tuition, Study Materials or any other Services provided to the Customer.
(b) such amounts as may be agreed in writing by the parties from time to time; and
“Contract” means a particular contract made under these Terms and Conditions between the Provider and the Customer;
“Customer” means the person or entity who purchases any Services from the Provider;
“Customer Premises” means any premises owned or controlled by the Customer at which the parties expressly or impliedly agree the personnel of the Provider shall provide Services;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
“Provider” means StartMedUK, a partnership established under the laws of England and Wales having its principal place of business at 2 Kingswood Court, London, NW6 4SU;
“Services” means any service(s) provided by the Provider to the Customer, including but not limited to, Courses, Private Tuition, and School Study Days;
“Terms and Conditions” means all the documentation containing the provisions of the Contract, including any amendments to that documentation from time to time.
“Website” means www.startmeduk.com.
2.1 The Provider shall provide the Services to the Customer in accordance with these Terms and Conditions.
2.2 The Provider shall provide the Services with reasonable skill and care.
2.3 If the Customer believes that any element of the Services does not meet the standard specified in Clause 2.2, then the Customer must promptly notify the Provider and allow the Provider to investigate the matter (including where applicable allowing the Provider to inspect the results of those Services) and, if those Services do not meet that standard, re-perform those Services.
2.4 The Provider shall devote such of its personnel’s time and expertise to the performance of the Services as may be necessary for their satisfactory and timely completion.
2.5 The Provider shall comply with all reasonable requests and directions of the Customer in relation to the Services.
2.6 For the avoidance of doubt, the Provider does not guarantee that the Services provided will lead to any particular grading or result in any course, examination, assignment or application.
2.7 Specifically, the Provider does not guarantee that the services will result in successful medical school admission.
3. Services Provision
3.1 The Provider shall provide the Services on the date(s) and at the time(s) provided on the Website, or as otherwise agreed from time to time between the parties.
3.2 In relation to Services as refers to courses booked online:
(a) the Customer may amend the order at any time until confirmation of purchase by agreeing to these Terms & Conditions and submitting payment information;
(b) the Contract comes into effect upon confirmation by the Provider that the Customer’s Service request has been accepted and payment has been received by the Provider;
(c) the description of the Services as provided on the Website detail the contents of the Services;
(d) except as described on the Website, no additional Services and/or tuition (either online, face-to-face or otherwise) will be provided by Provider as part of the same purchase;
(e) where the Customer’s order consists of multiple Services request, each individual request will be considered by the Provider as a separate purchase, and confirmation by the Provider to provide a requested Service will not mean confirmation to provide all Services that form part of the request.
3.3 In addition to the clauses in Section 3.2, the following apply in relation to Services as refers to private tuition or Services provided to Schools or other entities:
(a) the Customer acknowledges that request for Services on a specific date or time, or at a specific location, may not be possible. The provider will ensure the Customer is informed of this at the earliest opportunity;
(b) the Customer acknowledges that in addition to the advertised cost of the Services, additional travel costs for the Provider or Provider’s personnel to attend the Customer’s choice of location for provision of Services may apply in the case of face-to-face tuition. The Customer will be informed of these Charges before confirmation and booking of the Service;
(c) the Customer acknowledges that work for other customers or other circumstances may from time to time lead to the Provider’s personnel arriving late for a Services appointment, and agrees that the Provider will not be in breach of the Contract by virtue of the Provider’s personnel being not more than 2 hours late for a Services appointment;
(d) if a party wishes to reschedule a Services appointment, then that party must give to the other party a written request for such rescheduling at least 5 Business Days before the Services appointment is due to commence. In these circumstances, each party will use all reasonable endeavours to agree an alternative Services appointment;
(e) the Customer may cancel a Services appointment by giving to the Provider at least 14 days’ written notice of cancellation. If the Customer cancels a Services appointment in accordance with this Clause 3.3 (e), then the Customer shall be released from any liability to pay Charges in respect of the relevant Services, and shall be entitled to a refund of any Charges previously paid in respect of those Services, less a £50 charge to cover administration costs.
3.4 If the Provider is unable to attend a Services appointment, then providing the Provider has used reasonable endeavours to engage alternative personnel, the Provider may by written notice to the Customer cancel the Services appointment, in which case:
(a) the Provider shall not be in breach of these Terms and Conditions or otherwise liable to the Customer in respect of a failure to supply the relevant Services; and
(b) the Customer shall be released from any liability to pay Charges in respect of the relevant Services, and shall be entitled to a full refund of any Charges previously paid in respect of those Services.
3.5 The Provider operates a zero tolerance policy of inappropriate behaviour towards the Provider’s staff. The Provider retains the right to refuse to provide Services, without liability or obligation to refund any Charges paid by the Customer to the Provider, to any Customer whose behaviour is considered to be in breach of this Agreement.
3.6 The Customer must agree to comply with all reasonable requirements that apply at the premises where the Services are provided, including health and safety or security rules and regulations.
3.7 The Customer’s personal possessions are the sole responsibility of the Customer, and the Provider accepts no responsibility and/or liability for any possessions that are lost or stolen from the premises at which the Services are being provided.
4. Provider personnel
4.1 The Provider shall ensure that all personnel involved in the provision of the Services:
(a) have been approved by the Provider;
(b) have supplied proof of identity to the Provider; and
(c) have, in the sole opinion of the Provider, the required qualifications and/or expertise to offer the provision of the Services.
5. Customer Premises
5.1 Where relevant, such as with provision of private tuition or Services to Schools, the Customer shall:
(a) promptly provide to the Provider such access to the Customer Premises as is reasonably required by the Provider for the provision of the Services; and
(b) maintain the Customer Premises in good order for the supply of the Services and in accordance with all applicable laws.
6.1 The Customer shall pay the Charges to the Provider in accordance with these Terms and Conditions for the provision of the agreed Services by the Provider.
7.1 The Provider shall issue invoices for the Charges to the Customer for provision of Services.
7.2 The Customer must pay the Charges to the Provider:
(a) at the time of booking for those Services which are booked via the Website, including courses and private tuition;
(b) within 14 days of receipt of invoice for provision of other Services, such as Schools Services or other Bespoke Services;
(c) in full no later than 7 days before commencement date of the agreed Services.
7.3 The Customer must pay the Charges by debit card, credit card, or bank transfer, depending on the Service(s) being purchased (using such payment details as are notified by the Provider to the Customer from time to time).
8. Distance and off-premises contracts: cancellation rights and refunds
8.1 This Clause 8 applies if and only if the Customer enters into the Contract with the Provider as a consumer – that is, as an individual acting wholly or mainly outside the Customer’s trade, business, craft or profession – where the Contract is a distance contract or off-premises contract within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
8.2 The Customer may cancel the Contract entered into with the Provider at any time within a period of 14 calendar days from the date on purchase of the Service(s), subject to Clause 8.4. The Customer does not have to give any reason for the withdrawal or cancellation.
8.3 In addition to the terms of Clause 8.2, the Customer may cancel the Contract entered into with the Provider at any time up until 21 days before the date of commencement of the Service(s), and the Customer will receive a refund of any amount paid to the Provider in respect of the Contract, less a £50 charge to cover administration costs.
8.4 The Customer agrees that the Provider may begin the provision of services before the expiry of the period referred to in Clause 8.2, and the Customer acknowledges that, if the Provider does begin the provision of services before the end of that period, then:
(a) if the services are fully performed, the Customer will lose the right to cancel referred to in Clause 8.2; and
(b) if the services are partially performed at the time of cancellation, the Customer must pay to the Provider an amount proportional to the services supplied or the Provider may deduct such amount from any refund due to the Customer in accordance with this Clause .
8.5 In order to withdraw an offer to enter into the Contract or cancel the Contract on the basis described in this Clause 8, the Customer must inform the Provider of the Customer’s decision to withdraw or cancel (as the case may be). The Customer may inform the Provider by means of any clear statement setting out the decision. In the case of cancellation, the Customer may inform the Provider using the cancellation form that the Provider will make available to the Customer. To meet the cancellation deadline, it is sufficient for the Customer to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.
8.6 If the Customer withdraws an offer to enter into the Contract, or cancels the Contract, on the basis described in this Clause 8, the Customer will receive a refund of any amount the Customer paid to the Provider in respect of the Contract, less a £50 charge to cover administration costs, except as specified in this Clause 8.
8.7 The Provider will refund money using the same method used to make the payment, unless the Customer has expressly agreed otherwise. In any case, the Customer will not incur any fees as a result of the refund.
8.8 The Provider will process the refund due to the Customer as a result of a cancellation on the basis described in this Clause 8 without undue delay and, in any case, within the period of 14 days after the day on which the Provider is informed of the cancellation.
9.1 The Provider warrants to the Customer that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
9.2 The Customer warrants to the Provider that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
9.3 All of the parties’ warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Contract will be implied into the Contract or any related contract.
10. Limitations and exclusions of liability
10.1 Nothing in these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party’s statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.
10.2 The limitations and exclusions of liability set out in this Clause 10 and elsewhere in these Terms and Conditions:
(a) are subject to Clause 10.1; and
(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
10.3 The Provider will not be liable to the Customer in respect of any losses arising out of a Force Majeure Event.
10.4 The Provider will not be liable to the Customer in respect of any loss of profits or anticipated savings.
10.5 The Provider will not be liable to the Customer in respect of any loss of revenue or income.
10.6 The Provider will not be liable to the Customer in respect of any loss of business, contracts or opportunities.
10.7 The Provider will not be liable to the Customer in respect of any special, indirect or consequential loss or damage.
10.8 The liability of the Provider to the Customer under the Contract in respect of any event or series of related events shall not exceed the total amount paid and payable by the Customer to the Provider under the Contract in the 12 month period preceding the commencement of the event or events.
11. Force Majeure Event
11.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Contract (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.
11.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under the Contract, must:
(a) promptly notify the other; and
(b) inform the other of the period for which it is estimated that such failure or delay will continue.
11.3 A party whose performance of its obligations under the Contract is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.
12.1 Either party may terminate the Contract immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.
12.2 Either party may terminate the Contract immediately by giving written notice of termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Contract); or
(d) if that other party is an individual:
(i) that other party dies;
(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
(iii) that other party is the subject of a bankruptcy petition or order.
13. Effects of termination
13.1 Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 7.2, 10, 13 and 15.
13.2 Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Contract shall not affect the accrued rights of either party.
14.1 Any notice given under these Terms and Conditions must be in writing, whether or not described as “written notice” in these Terms and Conditions.
14.2 Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods:
(a) delivered personally or sent by courier, in which case the notice shall be deemed to be received upon delivery; or
(b) sent by recorded signed-for post, in which case the notice shall be deemed to be received 2 Business Days following posting,
providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.
14.3 The addressee and contact details of either party may be updated from time to time by a party giving written notice of the update to the other party in accordance with this Clause 14.
15.1 No breach of any provision of the Contract shall be waived except with the express written consent of the party not in breach.
15.2 If any provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
15.4 The Customer hereby agrees that the Provider may assign the Provider’s contractual rights and obligations under the Contract to any successor to all or a substantial part of the business of the Provider from time to time – providing that such action does not serve to reduce the guarantees benefiting the Customer under the Contract. The Customer must not without the prior written consent of the Provider assign, transfer or otherwise deal with any of the Customer’s contractual rights or obligations under the Contract.
15.5 The Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Contract are not subject to the consent of any third party.
15.6 Subject to Clause 10.1, these Terms and Conditions, shall constitute the entire agreement between the parties in relation to the subject matter of provision of Services by the Provider to the Customer, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
15.7 These Terms and Conditions shall be governed by and construed in accordance with English law.
15.8 The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.