Terms and Conditions

Terms & Conditions

1. Definitions

In these Terms and Conditions, the following definitions apply:

"Agreement": These Terms and Conditions, together with the registration form and any other documents referred to within these Terms and Conditions.
"Parent": The individual who registers the student for services provided by Spark Academy and is responsible for payment of fees.
"Student": The child or young person receiving tutoring services from Spark Academy.
"Services": The tutoring services provided by Spark Academy, including online tutoring, in-person tutoring, and hybrid tutoring.
"Spark Academy": CRT Enterprises Ltd trading as Spark Academy.
"Fees": The charges payable by the Parent for the provision of Services as set out in the Agreement.
"Enrolment Fee": The annual fee charged to cover the setup costs of registration.
"Flexible Plan": A payment plan with a minimum commitment of three months, thereafter, rolling monthly with a 30-day notice period for cancellation.
"Annual Plan": A payment plan committing to 12 months of Services with no cancellation option within this period.
"Online Tutoring": Tutoring services delivered via the internet over 47 weeks per year.
"In-person Tutoring": Tutoring services delivered face-to-face over 38 weeks per year.
"Hybrid Tutoring": A combination of online and in-person tutoring services.

2. Company Information

SPARK ACADEMY is operated under CRT Enterprises Limited, registered in England and Wales. The company registration number is 08451292, and the registered office is at CRT House, 176 Melton Road, Leicester, LE4 5EE. The registered VAT number is 193433107.

You can contact Spark Academy by:

Telephoning: 0116 266 5920
Writing to: Spark Academy, CRT House, 176 Melton Road, Belgrave, Leicester, LE4 5EE
Emailing: admin@spark-academy.co.uk

Spark Academy will contact the Parent by telephone or in writing at the email address or postal address provided on the registration form.

3. Agreement Overview

By enrolling a Student in Spark Academy, the Parent agrees to these Terms and Conditions, which form a binding Agreement between the Parent and Spark Academy. This Agreement outlines the rights and obligations of both parties concerning the provision of tutoring services.

The Services provided by Spark Academy are tailored to support and enhance the Student’s educational needs through various modes of tutoring. By accepting this Agreement, the Parent confirms they understand and agree to the fee structure, payment schedules, and cancellation policies associated with the chosen tutoring service.

The Agreement is effective from the date of enrolment and continues until terminated in accordance with these Terms and Conditions.

4. Services Offered

Spark Academy offers three types of tutoring services to cater to the diverse needs of students:

4.1.1 Spark Tribe - Affordable Online Group Tutoring

Spark Tribe is designed to provide affordable online group tutoring with larger classes.
Monthly payments are kept low to ensure accessibility for all students.
Timetabled lessons are set for students to attend as they wish, running from Monday to Thursday from 5:40 pm to 8:00 pm. Times and schedules can vary.
Students benefit from interactive group sessions, fostering collaboration and peer learning.
As part of the package, students enrolled in Spark Tribe have access to the Spark Learning platform, which includes lesson content, videos, and course materials to support their learning journey.

4.1.2 Spark 1:1 Online Tutoring

Spark 1:1 online tutoring offers personalised one-on-one sessions where students are matched with professional tutors.
This option provides flexibility and mutual collaboration between the student and tutor.
Sessions are tailored to the individual student's needs and learning goals, ensuring targeted support and progress.
As part of the package, students enrolled in Spark 1:1 online tutoring also have access to the Spark Learning platform, enhancing their learning experience with additional resources and materials.

Both Spark Tribe and Spark 1:1 online tutoring aim to provide high-quality education and support students in achieving their academic objectives in an online learning environment with the added benefit of the Spark Learning platform.

4.2 In-Person Tutoring

Spark Academy's in-person tutoring offers structured face-to-face lessons at designated locations over 38 weeks per year. In addition to the comprehensive support provided during tutoring sessions, students also benefit from access to the Century Tech platform.

Structured Lessons: In-person tutoring sessions are conducted by experienced tutors, providing students with personalised support and guidance tailored to their learning needs.
Hands-On Activities: Students engage in hands-on activities and interactive learning experiences designed to reinforce key concepts and enhance understanding.
Direct Interaction with Tutors: Our tutors foster a supportive learning environment, encouraging active participation and addressing individual questions and concerns.
Access to Century Tech: As part of their subscription, students enrolled in in-person tutoring have access to the Century Tech platform throughout their time with Spark Academy. Century Tech is an innovative online learning platform (https://www.century.tech/) that offers a wide range of interactive resources, homework assignments, and assessments to supplement their in-person learning experience. Students can access personalised learning pathways, receive instant feedback on their progress, and access additional support materials to reinforce their learning outside of tutoring sessions.

Spark Academy's in-person tutoring programme, combined with access to the Century Tech platform, provides students with a comprehensive educational experience aimed at fostering academic success and personal growth.

4.3 Hybrid Tutoring

Spark Academy's Hybrid Tutoring combines both in-person and online tutoring, providing students with flexible and comprehensive support.

Flexible Learning: Students benefit from both in-person and online tutoring sessions.
In-Person Sessions: Students attend face-to-face tutoring sessions held at designated locations over 38 weeks per year.
Online Sessions: Students also participate in online tutoring sessions over 47 weeks per year, accessible from anywhere with an internet connection.
Integrated Learning Experience: The hybrid model seamlessly integrates both in-person and online components, offering continuous support tailored to students' needs.
Access to Resources: Students enrolled in hybrid tutoring have access to the Century Tech platform and the Spark Learning platform, providing a range of interactive materials and support resources.

Spark Academy's Hybrid Tutoring programme aims to provide students with flexible and effective learning opportunities to support their academic progress and growth.

5. Registration and Enrolment

5.1 Registration Process

To enrol a student at Spark Academy, the Parent must complete the online registration form available on the Spark Academy website or at the designated office.
The registration form requires essential information about the Student, including contact details, educational background, and any relevant medical information.
A non-refundable annual enrolment fee is charged to cover the setup and administrative costs (only for in-person or hybrid).

5.2 Annual Enrolment Fee

The annual enrolment fee is required to secure the Student’s place at Spark Academy.
This fee covers administrative costs associated with the registration process, including setting up accounts, initial assessments, and access to learning resources.
The enrolment fee is payable at the time of registration and is not refundable under any circumstances.

6. Fees and Payment Terms

6.1 Online Tutoring Fees

Parents opting for online tutoring will be charged a monthly subscription fee, which is payable in advance via a recurring payment setup using a credit or debit card.
The monthly fee covers all online tutoring sessions scheduled for that month, irrespective of attendance.
All subscription fees shall be debited on the 1st day of every month. If a student commences their subscription mid-month, a pro-rata payment shall be debited as the initial payment, covering the cost for the weeks remaining until the subsequent month's subscription cycle commences on the 1st day of the following month.

6.2 In-Person and Hybrid Tutoring Fees

For in-person and hybrid tutoring, Parents can choose between two payment plans:
Annual Plan: This plan offers a discounted rate, requiring a commitment for 12 months. The annual fee is calculated based on 38 weeks of tutoring spread over 12 months for ease of billing. There is no option for cancellation within this 12-month period.
Flexible Plan: This plan requires a minimum commitment of three months, after which it transitions to a rolling monthly agreement. Parents must provide 30 days' notice for cancellation after the initial three-month period. This notice must be given in writing.

6.3 Payment Methods

Fees can be paid via credit or with debit card subscription.
Payments are due on the first day of each month for monthly plans and on the agreed date for annual plans.

7. Charges for Overdue Fees

In the event of non-payment or late payment of any fees owed to Spark Academy, the Parent shall be liable for additional charges and consequences as outlined below:

Late Payment Charge: Spark Academy reserves the right to impose a late payment charge on any outstanding fees not settled by the due date. This charge will accrue daily at a rate of 4% above the NatWest bank base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, plus an additional £25 for every failed collection attempt.
Administrative Costs: Spark Academy reserves the right to recover any reasonable administrative costs incurred because of pursuing overdue fees. These costs may include, but are not limited to, debt recovery fees, legal fees, and court costs, in line with the Civil Procedure Rules.
Suspension of Services: Failure to settle outstanding fees within the specified timeframe may result in the suspension of tutoring services until such fees are fully paid. Spark Academy shall not be liable for any consequences arising from the suspension of services due to non-payment, as per the terms outlined in the Consumer Rights Act 2015.
Interest Charges: The Centre reserves the right to charge interest, calculated daily, on Fees which have not been received at a rate of 4% above the NatWest bank base rate, as stipulated by the Late Payment of Commercial Debts (Interest) Act 1998.
Debt Collection: Should payment remain outstanding despite reasonable attempts to recover the debt, Spark Academy reserves the right to engage third-party debt collection agencies or take legal action to recover the outstanding amounts, in accordance with the Practice Direction on Pre-Action Conduct and Protocols. Any costs incurred in the process of debt collection, including the cost of court processes, shall be borne by the Parent and/or Payer, as per the Civil Procedure Rules.

It is the responsibility of the Parent to ensure timely payment of all fees to avoid the imposition of additional charges and potential disruption to tutoring services.

8. Right to Cancel Within 14 Days

In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Parent has the right to cancel the agreement within 14 days of enrolment without providing any reason.

Cancellation Procedure:

To exercise the right to cancel, the Parent must notify Spark Academy of their decision to cancel the agreement by a clear statement. This notification can be provided by email to admin@spark-academy.co.uk .
The cancellation period will expire after 14 days from the date of enrolment. If the agreement is cancelled within this period.

Exceptions to the Right to Cancel:

The right to cancel does not apply if the tutoring services have been fully performed by Spark Academy at the request of the Parent before the end of the cancellation period. In such cases, the Parent shall not be entitled to a refund of any fees paid for the services provided.

Effects of Cancellation:

In the event of cancellation, any materials provided to the Student in connection with the tutoring services must be returned to Spark Academy in good condition at the Parent's expense.
Should the Parent request to begin Spark Academy’s services during the 14-day cancellation period and subsequently the Parent decides to cancel the contract, they will be liable to pay an amount which is a percentage of what services Spark Academy have given. If Spark Academy has provided 1 weeks’ worth of services, then the Parent will pay one quarter (25%) of the monthly membership price. If the Parent cancels after 2 weeks’ worth of services, then they will pay half (50%) of the monthly membership price.

Notice of Right to Cancel:

Spark Academy shall provide the Parent with a notice of their right to cancel, including the cancellation form, at the time of enrolment. This notice shall be provided in a durable medium and shall clearly and prominently state the cancellation rights and procedures available to the Parent.

9. General Cancellation Terms

9.1 Cancellation by the Parent

The Parent may cancel the tutoring services provided by Spark Academy at any time after the initial 14-day cancellation period, subject to the terms outlined below.

9.2 Notice Period

To cancel the tutoring services, the Parent must provide written notice to Spark Academy, specifying the intended date of cancellation. The notice period shall be 30 days from the date of receipt of the written notice by Spark Academy.

9.3 Effect of Cancellation

Upon cancellation of the tutoring services, the Parent shall remain liable for any outstanding fees owed to Spark Academy up to the effective date of cancellation. Such fees shall be payable in accordance with the terms outlined in Section 6 (Fees and Payment Terms).

9.4 Cancellation Terms for Different Plans

Annual (12 Month) Plan: If the Parent cancels the Annual Plan before the expiry of the 12-month commitment period, they shall remain liable for payment of the full annual fee. No refunds shall be provided for early cancellation of the Annual Plan.
Flexible Plan: The Flexible Plan requires a minimum commitment of three months, after which it transitions to a rolling monthly agreement. Parents must provide 30 days' notice for cancellation after the initial three-month period. Cancellation within the 12-month commitment period shall incur payment of the remaining fees for the minimum term specified.
30-Day Subscription for Online Group Tutoring: Parents opting for the 30-day subscription for online group tutoring may cancel their subscription at any time with 30 days' notice. The notice period commences from the date of the subscription and must be provided in writing. The Parent remains liable for payment of the total contractual amount during the notice period, and no refunds shall be given if the Student does not attend lessons in the notice period.
Online 1:1 Tutoring: Block Sessions: For Online 1:1 Tutoring, Parents must pay for blocks of 10 sessions in advance. Upon cancellation of the tutoring services, any unused sessions within a paid block shall not be refunded.

9.5 Refund Policy

If the Parent cancels the contract within the time period stipulated in this agreement, Spark Academy will make the repayment (if any) to the Parent without any undue delay, no later than 14 days after the day in which the Parent communicates in writing that they want to cancel the contract. Repayment will be made using the same means of payment as the Parent used for the initial transaction, unless they have expressly agreed otherwise; in any event, the Parent will not incur any fees as a result of the reimbursement.

9.6 Notice of Payment Failure

Spark Academy reserves the right to cancel and stop the Student’s course with immediate effect should a monthly payment remain outstanding for longer than 5 days.

10. Refunds

10.1 Eligibility for Refunds

Refunds shall be issued in accordance with the terms outlined in this section, subject to the conditions specified herein.

10.2 Refund Policy

Spark Academy operates a refund policy in compliance with the Consumer Rights Act 2015 and other relevant consumer protection legislation.
Refunds shall not be provided in the following circumstances:
Cancellation After Cooling Off Period: If the Parent cancels the agreement after the 14-day cooling off period as stipulated in Section 8 (Right to Cancel Within 14 Days), Spark Academy shall not provide refunds for the portion of services used. The Parent shall be liable to pay for any services provided up to the date of cancellation.
Cancellation of Annual Plan: No refunds shall be provided for early cancellation of the Annual Plan, as outlined in Section 9.4 (Cancellation Terms for Different Plans).
Unused Block Sessions: For Online 1:1 Tutoring, if the Parent cancels the tutoring services and there are unused sessions within a paid block of sessions, no refunds shall be issued for the unused sessions. The Parent shall be liable to pay for the sessions used up to the date of cancellation.
Missed Lessons: Spark Academy offers no refunds for missed lessons and is not responsible for any missed lessons. Lessons are attended at the Parent’s and Pupil’s discretion. However, Spark Academy will always provide the Pupil with the work missed through the e-learning platform. The Pupil can watch a live online class recording, help videos, and complete the work on the e-learning platform.

10.3 Exclusion of Pupil

The Pupil may be excluded for a fixed period of time and/or permanently excluded for:
A breach of Spark Academy Rules;
Non-payment of Fees; or
If, in the Director’s considered opinion, the Parent’s or Pupil’s behaviour is unreasonable and is likely to adversely affect the Pupil or other Pupils or staff at the Centre, or to bring the Centre into disrepute.
Such Fixed Period or Permanent Exclusion will be in accordance with the Centre’s published procedure, a copy of which can be obtained from the Centre office.
In all cases of Fixed Period Exclusion, full Fees will remain payable for the period in which it occurs.
In all cases of Permanent Exclusion, full Fees are due for the whole contract, irrespective of the period in which the permanent exclusion occurred, due to the cost that Spark Academy has been put to.
A Pupil who has been withdrawn, excluded, suspended, or expelled from the Centre has no right to enter any Centre premises without the prior written permission of the Director.

10.4 Refund Process

Requests for refunds must be submitted in writing to Spark Academy, specifying the reason for the refund request and providing any supporting documentation, where applicable.
Spark Academy shall review refund requests within a reasonable timeframe and notify the Parent of the outcome of the request.
Approved refunds shall be processed without undue delay and no later than 14 days from the date on which Spark Academy confirms the approval of the refund request.
Refunds shall be made using the same means of payment as the Parent used for the initial transaction, unless they have expressly agreed otherwise; in any event, the Parent will not incur any fees because of the reimbursement.

10.5 Dispute Resolution

In the event of any disputes regarding refund eligibility, the refund process, service interruptions, or Force Majeure Events, the parties shall endeavour to resolve the matter amicably through informal negotiation and discussion.
If a resolution cannot be reached through negotiation, either party may seek mediation or other alternative dispute resolution mechanisms to resolve the dispute in accordance with applicable laws and regulations.

11. Service Interruptions, Force Majeure, and Dispute Resolution

11.1 Service Interruptions

Spark Academy endeavours to provide uninterrupted tutoring services to Parents and Students. However, there may be instances where services are interrupted due to factors beyond Spark Academy's control.
In the event of service interruptions, Spark Academy shall make reasonable efforts to notify Parents and Students promptly and provide updates on the expected duration of the interruption.

11.2 Force Majeure

Spark Academy shall not be liable for any failure or delay in the performance of its obligations under this agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, lockouts, pandemics, governmental restrictions, or any other similar events ("Force Majeure Event").
In the event of a Force Majeure Event, Spark Academy shall be excused from performance of its obligations to the extent affected by the Force Majeure Event, and the time for performance of such obligations shall be extended for the duration of the Force Majeure Event. During such time, no refunds shall be provided to Parents or Students.

11.3 Remedies

In the event of a service interruption or Force Majeure Event, Spark Academy shall endeavour to resume normal operations as soon as reasonably practicable.
Where feasible, Spark Academy may offer alternative arrangements or rescheduling of tutoring sessions to mitigate the impact of the interruption on Parents and Students.

11.4 Dispute Resolution

In the event of any disputes regarding refund eligibility, the refund process, service interruptions, or Force Majeure Events, the parties shall endeavour to resolve the matter amicably through informal negotiation and discussion.
If a resolution cannot be reached through negotiation, either party may seek mediation or other alternative dispute resolution mechanisms to resolve the dispute in accordance with applicable laws and regulations.

11.5 Communication

Spark Academy shall communicate any service interruptions or Force Majeure Events to Parents and Students through the contact details provided by the Parent on the registration form, or through any other means deemed appropriate by Spark Academy.

11.6 No Liability During Force Majeure Events

During periods of service interruptions or Force Majeure Events, Spark Academy shall not be liable for any losses, damages, or expenses incurred by Parents or Students, and no refunds shall be provided for the duration of such events.

12. Responsibilities of Parents, Guardians, and Students

12.1 Supervision and Conduct

Parents or legal guardians are responsible for supervising their child's participation in Spark Academy's tutoring services, whether online or in-person.
Parents or legal guardians shall ensure that their child conducts themselves in a respectful and appropriate manner during tutoring sessions, adhering to any codes of conduct or behavioural expectations outlined by Spark Academy.

12.2 Attendance and Punctuality

Parents or legal guardians shall ensure that their child attends tutoring sessions punctually and regularly, as per the agreed schedule and timetable.
Any absences or late arrivals should be communicated to Spark Academy in advance, where possible, to minimise disruption to the learning process.

12.3 Participation and Engagement

Parents or legal guardians shall encourage their child to actively participate and engage in tutoring sessions, completing assigned tasks, and seeking clarification on any concepts or topics they may not understand.
Parents or legal guardians shall support their child in utilising Spark Academy's e-learning platform and resources to supplement their learning outside of scheduled tutoring sessions.

12.4 Communication

Parents or legal guardians shall maintain open and effective communication with Spark Academy regarding their child's progress, any concerns or challenges they may be facing, and any changes to their contact information or availability.
Any communication with Spark Academy should be conducted in a professional and respectful manner, whether in-person, via telephone, or through electronic means.

12.5 Compliance with Policies and Procedures

Parents or legal guardians shall familiarise themselves and ensure their child's compliance with Spark Academy's policies and procedures, including but not limited to those related to data protection, health and safety, and acceptable use of technology.
Any questions or concerns regarding Spark Academy's policies and procedures should be addressed to Spark Academy's designated representative for clarification or resolution.

12.6 Collaboration with Spark Academy

Parents or legal guardians are encouraged to collaborate with Spark Academy in supporting their child's educational journey, providing feedback, and working together to address any challenges or areas for improvement.
Spark Academy values the partnership between parents, guardians, and tutors in fostering a positive and productive learning environment for the benefit of the child.

13. Medical Information

13.1 Disclosure of Medical Conditions

Parents or legal guardians are obligated to disclose any pertinent medical conditions, allergies, or special requirements concerning their child's health and well-being to Spark Academy prior to the commencement of tutoring services.
This information must be provided accurately and comprehensively to ensure that Spark Academy can make requisite accommodations and arrangements to support the child's needs during tutoring sessions.

13.2 Confidentiality and Data Protection

Spark Academy shall treat all medical information provided by Parents or legal guardians with the utmost confidentiality and in compliance with the General Data Protection Regulation (GDPR) and other pertinent data protection legislation.
Medical information shall solely be utilised for the purpose of facilitating the child's participation in tutoring sessions and ensuring their health and safety whilst under the care of Spark Academy.

13.3 Consent for Emergency Treatment

Parents or legal guardians hereby grant consent to Spark Academy for seeking emergency medical treatment for their child in the event of an accident, injury, or medical emergency occurring during tutoring sessions, where it is deemed necessary and appropriate by Spark Academy's staff or tutors.
Spark Academy shall exert reasonable efforts to notify Parents or legal guardians in such circumstances, unless immediate medical attention is imperative to ensure the child's health and well-being.

13.4 Notification of Changes

Parents or legal guardians are obligated to expeditiously notify Spark Academy of any alterations to their child's medical condition, allergies, or special requirements that may impact their participation in tutoring sessions or necessitate adjustments to the support provided by Spark Academy.
Spark Academy shall update the child's medical records correspondingly and undertake necessary measures to accommodate any alterations in the child's health status.

13.5 Indemnification

Parents or legal guardians shall indemnify and hold harmless Spark Academy, its staff, tutors, and representatives from any claims, liabilities, or damages arising out of the provision of emergency medical treatment to their child, provided that such treatment was administered in good faith and in accordance with reasonable standards of care.

14. Complaints Procedure

14.1 Lodging a Complaint

Parents or legal guardians who wish to lodge a complaint regarding any aspect of Spark Academy's tutoring services must do so in writing to admin@spark-academy.co.uk.
Complaints should include details such as the nature of the complaint, relevant dates, names of individuals involved, and any supporting evidence or documentation.

14.2 Investigation and Resolution

Upon receipt of a complaint, Spark Academy's complaints handler shall promptly acknowledge receipt and initiate an investigation into the matter.
The complaints handler shall endeavour to conduct a thorough and impartial investigation, gathering relevant information and interviewing relevant parties as necessary.

14.3 Resolution and Redress

Spark Academy shall aim to resolve complaints in a timely and satisfactory manner, taking appropriate remedial action where necessary to address the concerns raised by the complainant.
Where applicable, Spark Academy may offer redress to the complainant, which may include but is not limited to apologies, refunds, or adjustments to the tutoring services provided.

14.4 Escalation

If the complainant is dissatisfied with the outcome of Spark Academy's internal complaints procedure, they may escalate the matter to an external dispute resolution mechanism, such as mediation or arbitration, in accordance with applicable laws and regulations.
Spark Academy shall cooperate fully with any external dispute resolution process and abide by any decisions or recommendations made by the mediator or arbitrator.

14.5 Record Keeping

Spark Academy shall maintain detailed records of all complaints received, including the nature of the complaint, steps taken to investigate and resolve the complaint, and any outcomes or actions taken as a result.
These records shall be retained in accordance with Spark Academy's data retention policies and may be subject to review by relevant regulatory authorities or external auditors.

14.6 Compliance

Spark Academy is committed to complying with all applicable laws, regulations, and industry standards pertaining to complaints handling and dispute resolution, including but not limited to the Consumer Rights Act 2015 and the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.
Spark Academy shall review and update its complaints handling procedures regularly to ensure ongoing compliance and effectiveness in addressing complaints raised by Parents or legal guardians.

15. Pupil Property

15.1 Responsibility for Personal Property

Spark Academy shall not be held liable for any loss, damage, or theft of personal property belonging to Students, including but not limited to electronic devices, textbooks, stationery, or other personal belongings brought to tutoring sessions.
Students are responsible for safeguarding their personal property and should take appropriate measures to secure their belongings during tutoring sessions.

15.2 Use of Spark Academy's Resources

Students are permitted to use Spark Academy's resources, materials, and equipment provided during tutoring sessions for educational purposes only and in accordance with Spark Academy's usage policies.
Any misuse or unauthorised use of Spark Academy's resources may result in disciplinary action, including but not limited to suspension or termination of tutoring services.

15.3 Reporting Loss or Damage

Students who experience loss or damage to their personal property during tutoring sessions should report the incident promptly to Spark Academy's staff or tutors.
Spark Academy shall assist Students in documenting and investigating any incidents of loss or damage to personal property to the extent feasible but shall not be held liable for such loss or damage.

15.4 Liability Waiver

By participating in Spark Academy's tutoring services, Students and their Parents or legal guardians acknowledge and accept the risks associated with bringing personal property to tutoring sessions, and hereby waive any claims against Spark Academy arising out of loss, damage, or theft of personal property.
This liability waiver shall be binding and enforceable to the fullest extent permitted by law.

15.5 Insurance

Spark Academy recommends that Students and their Parents or legal guardians consider obtaining appropriate insurance coverage to protect against loss, damage, or theft of personal property occurring during tutoring sessions.
Spark Academy shall not be responsible for procuring or maintaining insurance coverage on behalf of Students or their Parents or legal guardians.

16. Data Protection and GDPR

16.1 Compliance with Data Protection Laws

Spark Academy is committed to complying with all applicable data protection laws and regulations, including the General Data Protection Regulation (GDPR), the Data Protection Act 2018, and any other relevant legislation concerning the processing of personal data.

16.2 Collection and Use of Personal Data

Spark Academy collects and processes personal data provided by Parents or legal guardians for the purposes of facilitating the provision of tutoring services, managing enrolments, communicating with Parents or legal guardians, and ensuring the health, safety, and welfare of Students.
Personal data may include but is not limited to names, contact information, educational background, medical information, and any other information necessary for the provision of tutoring services.

16.3 Lawful Basis for Processing

Spark Academy processes personal data on the lawful basis of consent, contractual necessity, compliance with legal obligations, and legitimate interests pursued by Spark Academy or a third party.
Parents or legal guardians provide consent for the processing of personal data when enrolling their child in Spark Academy's tutoring services and agree to the terms of Spark Academy's Privacy Policy.

16.4 Data Security and Confidentiality

Spark Academy implements appropriate technical and organizational measures to ensure the security and confidentiality of personal data, including encryption, access controls, and regular security assessments.
Personal data is only accessible to authorised personnel who require access for legitimate purposes and is not disclosed to third parties without lawful justification.

16.5 Rights of Data Subjects

Parents or legal guardians and Students have rights under data protection laws, including the right to access, rectify, erase, restrict processing, and object to the processing of their personal data.
Requests to exercise data subject rights should be submitted to Spark Academy in writing, and Spark Academy shall respond to such requests in accordance with applicable laws and regulations.

16.6 Data Retention

Spark Academy retains personal data for as long as necessary to fulfil the purposes for which it was collected, including legal, regulatory, accounting, and operational requirements.
Personal data shall be securely disposed of when it is no longer needed, in accordance with Spark Academy's data retention policies and procedures.

16.7 International Data Transfers

Spark Academy may transfer personal data to third-party service providers or affiliates located outside the European Economic Area (EEA) where necessary for the provision of tutoring services.
Prior to making any such transfers, Spark Academy shall ensure that appropriate safeguards are in place to protect the security and confidentiality of personal data in accordance with applicable data protection laws and regulations.

17. Marketing and Photography Consent

17.1 Consent at Registration

During the registration process, Parents or legal guardians will be given the option to provide consent for Spark Academy to take photographs and videos of their child during tutoring sessions, activities, and events for the purposes of marketing, advertising, and promotional materials, both online and offline.
Consent for photography and videography is collected in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

17.2 Opting In

By opting in at registration, Parents or legal guardians agree to allow Spark Academy to use photographs and videos of their child for the aforementioned purposes.
The consent form provided during registration will clearly outline how the photographs and videos will be used and Parents or legal guardians will have the opportunity to agree to or decline this consent.

17.3 Changing Consent Preferences

Parents or legal guardians who wish to change their consent preferences after registration, including opting out of photography and videography, must notify Spark Academy in writing by emailing admin@spark-academy.co.uk .
Upon receipt of an opt-out notice, Spark Academy shall take reasonable steps to ensure that the Student is not included in any future photographs or videos intended for marketing or promotional purposes.

17.4 Use of Personal Information for Marketing

Spark Academy may use personal information, including names, contact details, and email addresses, to send marketing communications, newsletters, and promotional offers to Parents or legal guardians who have opted in to receive such communications.
Parents or legal guardians have the right to opt-out of receiving marketing communications at any time by clicking the unsubscribe link in the emails or by contacting Spark Academy directly.

17.5 Third-Party Marketing

Spark Academy shall not share personal information with third parties for their own marketing purposes without obtaining explicit consent from Parents or legal guardians.

17.6 Testimonials and Reviews

Spark Academy may request testimonials and reviews from Parents or legal guardians about their experience with Spark Academy's services. These testimonials and reviews may be used for marketing and promotional purposes.
By providing testimonials and reviews, Parents or legal guardians grant Spark Academy the right to use their comments, names, and any other accompanying personal information in marketing materials, unless they specify otherwise.

17.7 Withdrawal of Consent

Parents or legal guardians may withdraw their consent for the use of photographs, videos, and personal information for marketing purposes at any time by notifying Spark Academy in writing to admin@spark-academy.co.uk .
Upon receipt of a withdrawal of consent, Spark Academy shall cease using the specified materials for marketing purposes and shall remove them from future publications, where practicable.

17.8 Data Protection and Privacy

Spark Academy shall handle all personal information collected for marketing and promotional purposes in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
Spark Academy's Privacy Policy outlines the manner in which personal information is collected, used, and protected, and is available on the Spark Academy website.

18. Licence to Use the Website and E-Learning Platform

18.1 Grant of Licence

Spark Academy grants Parents and Students a non-exclusive, non-transferable, revocable licence to access and use the Spark Academy website and e-learning platform for the purpose of participating in the tutoring services provided by Spark Academy.

18.2 Permitted Use

The Spark Academy website and e-learning platform may be used solely for educational purposes related to the tutoring services. Parents and Students agree to use the platform in accordance with Spark Academy’s terms of use, policies, and guidelines.

18.3 Prohibited Activities

Parents and Students are prohibited from:
Copying, distributing, or disclosing any part of the website or e-learning platform in any medium, including without limitation by any automated or non-automated “scraping”.
Using any automated system, including without limitation “robots”, “spiders”, “offline readers”, etc., to access the website or e-learning platform in a manner that sends more request messages to Spark Academy’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
Transmitting spam, chain letters, or other unsolicited email.
Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the website or e-learning platform.
Taking any action that imposes, or may impose at Spark Academy’s sole discretion, an unreasonable or disproportionately large load on the website or e-learning platform infrastructure.
Uploading invalid data, viruses, worms, or other software agents through the website or e-learning platform.
Collecting or harvesting any personally identifiable information, including account names, from the website or e-learning platform.
Using the website or e-learning platform for any commercial purposes without the prior written consent of Spark Academy.
Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
Interfering with the proper working of the website or e-learning platform.
Accessing any content on the website or e-learning platform through any technology or means other than those provided or authorized by Spark Academy.

18.4 User Content

Parents and Students may be permitted to submit content to the website or e-learning platform, such as homework assignments, discussion posts, and other educational materials ("User Content"). By submitting User Content, Parents and Students grant Spark Academy a worldwide, non-exclusive, royalty-free licence to use, copy, reproduce, process, adapt, publish, transmit, host, and display such content for the purposes of providing the tutoring services.

18.5 Intellectual Property

All intellectual property rights in the website and e-learning platform, including but not limited to copyrights, trademarks, trade secrets, and patents, are owned by or licensed to Spark Academy. Nothing in these terms grants Parents or Students any rights to use any of Spark Academy’s intellectual property, except as expressly provided in this licence.

18.6 Termination of Licence

Spark Academy reserves the right to terminate or suspend access to the website and e-learning platform at any time, without notice, for conduct that Spark Academy believes violates these terms, is harmful to other users of the website or e-learning platform, or is otherwise harmful to Spark Academy or its interests.

18.7 Disclaimer of Warranties

The website and e-learning platform are provided “as is” and “as available”. Spark Academy makes no representations or warranties of any kind, express or implied, regarding the website or e-learning platform, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

18.8 Limitation of Liability

To the maximum extent permitted by law, Spark Academy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the website or e-learning platform; (b) any unauthorised access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the website or e-learning platform; (d) any bugs, viruses, trojans, or the like that may be transmitted to or through the website or e-learning platform by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the website or e-learning platform; and/or (f) the defamatory, offensive, or illegal conduct of any third party.

19. Damage to Spark Academy Property

19.1 Responsibility for Damage

Parents or legal guardians shall be held financially responsible for any damage caused by their child to Spark Academy's property, including but not limited to furniture, equipment, learning materials, and facilities.

19.2 Reporting Damage

Any damage to Spark Academy property caused by a Student must be reported immediately to Spark Academy staff or tutors. The report should include details of the incident and the nature of the damage.

19.3 Assessment of Damage

Upon receiving a report of damage, Spark Academy shall conduct an assessment to determine the extent of the damage and the cost of repairs or replacement. This assessment shall be carried out promptly and accurately to ensure fairness.

19.4 Liability for Costs

Parents or legal guardians shall be liable for the costs associated with repairing or replacing damaged property. Spark Academy shall provide an itemized statement of the costs incurred, which shall be payable by the Parent or legal guardian within 30 days of receipt.

19.5 Dispute Resolution

In the event of a dispute regarding the assessment of damage or the costs incurred, the parties shall endeavour to resolve the matter amicably through informal negotiation and discussion.
If a resolution cannot be reached through negotiation, either party may seek mediation or other alternative dispute resolution mechanisms to resolve the dispute in accordance with applicable laws and regulations.

19.6 Consequences of Non-Payment

Failure to pay for damages within the specified timeframe may result in the suspension of tutoring services until payment is received. Spark Academy reserves the right to take legal action to recover the costs if necessary.

19.7 Exclusion for Repeated Offenses

In cases where a Student repeatedly causes damage to Spark Academy property, Spark Academy reserves the right to exclude the Student from tutoring services. Such exclusion shall be in accordance with Spark Academy's published procedures, and the Parent or legal guardian shall remain liable for any outstanding fees and costs.

19.8 Preventive Measures

Spark Academy shall take reasonable measures to maintain a safe and secure environment to minimize the risk of damage to property. This includes providing clear guidelines on the appropriate use of facilities and equipment and supervising Students during tutoring sessions.

20. Health and Safety

20.1 Compliance with Health and Safety Regulations

Spark Academy is committed to providing a safe and healthy environment for Students, staff, and visitors. All activities and operations shall comply with the Health and Safety at Work etc. Act 1974 and other relevant health and safety legislation.

20.2 Responsibilities of Spark Academy

Spark Academy shall implement and maintain appropriate health and safety policies and procedures, including risk assessments, to ensure the safety and well-being of Students during tutoring sessions and related activities.
Spark Academy shall provide training and guidance to staff and tutors on health and safety practices and ensure that all facilities and equipment are regularly inspected and maintained in a safe condition.

20.3 Responsibilities of Parents and Students

Parents or legal guardians are responsible for ensuring that their child understands and adheres to Spark Academy's health and safety policies and procedures.
Students must follow all health and safety instructions provided by Spark Academy staff and tutors and report any health and safety concerns or incidents immediately.

20.4 Emergency Procedures

Spark Academy shall establish and communicate clear emergency procedures, including evacuation plans, to be followed in the event of a fire, medical emergency, or other critical incident.
Parents or legal guardians shall ensure that their child is familiar with these emergency procedures and knows how to respond appropriately.

20.5 First Aid and Medical Assistance

Spark Academy shall ensure that qualified first aid personnel are available during tutoring sessions and that first aid supplies are accessible.
In the event of a medical emergency, Spark Academy shall take appropriate action to provide immediate assistance and, if necessary, contact emergency medical services.

20.6 Reporting and Recording Incidents

All accidents, injuries, and incidents occurring during tutoring sessions or on Spark Academy premises must be reported promptly to Spark Academy staff.
Spark Academy shall maintain accurate records of all reported incidents, including details of the incident, actions taken, and any follow-up measures implemented to prevent recurrence.

20.7 Infectious Diseases and Public Health

Spark Academy shall follow guidelines and directives issued by public health authorities regarding the prevention and control of infectious diseases, including but not limited to COVID-19.
Parents or legal guardians must inform Spark Academy if their child has been diagnosed with or exposed to an infectious disease and follow any recommended isolation or quarantine measures.

20.8 Health and Safety Reviews

Spark Academy shall conduct regular reviews of its health and safety policies, procedures, and practices to ensure ongoing compliance with legal requirements and best practices.
Any changes to health and safety policies or procedures shall be communicated to Parents, legal guardians, and Students in a timely manner.

21. Safeguarding and Child Protection

21.1 Commitment to Safeguarding

Spark Academy is committed to ensuring the safety and well-being of all Students and has established safeguarding and child protection policies in accordance with the Children Act 1989, the Children Act 2004, and the statutory guidance set out in "Keeping Children Safe in Education."

21.2 Responsibilities of Spark Academy

Spark Academy shall appoint a Designated Safeguarding Lead (DSL) responsible for overseeing safeguarding and child protection matters, providing guidance and support to staff, and ensuring compliance with safeguarding policies.
All staff and tutors at Spark Academy shall undergo regular safeguarding training and are required to adhere to the safeguarding and child protection policies at all times.

21.3 Reporting Concerns

Any concerns regarding the safety or well-being of a Student must be reported immediately to the Designated Safeguarding Lead. This includes concerns about potential abuse, neglect, exploitation, or any other safeguarding issues.
Spark Academy shall have clear procedures in place for reporting and responding to safeguarding concerns, ensuring that all reports are taken seriously and acted upon promptly.

21.4 Confidentiality and Information Sharing

Spark Academy shall handle all safeguarding concerns with the utmost confidentiality and in accordance with data protection laws. Information shall only be shared with relevant authorities and individuals on a need-to-know basis to protect the safety and well-being of the Student.

21.5 Parental Involvement

Parents or legal guardians shall be informed of any safeguarding concerns involving their child, unless doing so would put the child at further risk of harm.
Spark Academy encourages open communication with Parents or legal guardians regarding any safeguarding issues and works collaboratively to ensure the safety of the Student.

21.6 External Agencies

Spark Academy shall cooperate fully with external agencies, including social services, the police, and other child protection organizations, in the investigation and resolution of safeguarding concerns.

21.7 Online Safety

Spark Academy recognizes the importance of online safety and has established policies and procedures to protect Students while using the e-learning platform and other online resources.
Parents or legal guardians are encouraged to monitor their child's online activities and ensure they understand safe online practices.

21.8 Regular Review

Spark Academy shall conduct regular reviews of its safeguarding and child protection policies and procedures to ensure ongoing compliance with legal requirements and best practices.
Any changes to safeguarding policies or procedures shall be communicated to Parents, legal guardians, and Students in a timely manner.

22. Equal Opportunities and Inclusion

22.1 Commitment to Equality and Inclusion

Spark Academy is committed to promoting equality and inclusion and ensuring that all Students, Parents, and staff are treated fairly and with respect, in accordance with the Equality Act 2010.

22.2 Non-Discrimination Policy

Spark Academy does not discriminate on the basis of race, ethnicity, nationality, gender, sexual orientation, disability, religion or belief, age, or any other protected characteristic.
All Students shall have equal access to the tutoring services, resources, and opportunities provided by Spark Academy.

22.3 Reasonable Adjustments

Spark Academy shall make reasonable adjustments to accommodate the needs of Students with disabilities or special educational needs, ensuring they can fully participate in tutoring sessions and access all available resources.
Parents or legal guardians are encouraged to inform Spark Academy of any specific requirements or adjustments needed for their child at the time of enrolment.

22.4 Anti-Bullying Policy

Spark Academy has a zero-tolerance policy towards bullying, harassment, and discrimination. Any incidents of bullying or harassment shall be dealt with promptly and in accordance with Spark Academy's disciplinary procedures.
Students and Parents are encouraged to report any concerns about bullying or harassment to Spark Academy staff.

22.5 Inclusive Curriculum

Spark Academy strives to provide an inclusive curriculum that reflects and values the diversity of its Students, ensuring that all Students feel represented and included in the learning process.

22.6 Staff Training and Awareness

Spark Academy shall provide regular training and development opportunities for staff to enhance their understanding of equality, diversity, and inclusion issues.
Staff are expected to model inclusive behaviour and practices, fostering a welcoming and supportive environment for all Students.

22.7 Monitoring and Evaluation

Spark Academy shall regularly monitor and evaluate its policies and practices to ensure they are effective in promoting equality and inclusion.
Feedback from Students, Parents, and staff shall be actively sought and used to inform improvements and ensure that Spark Academy remains an inclusive and equitable learning environment.

22.8 Reporting and Addressing Issues

Any concerns or complaints regarding equality and inclusion should be reported to Spark Academy in accordance with the complaints procedure outlined in Section 14.
Spark Academy shall take all concerns seriously and investigate them promptly, taking appropriate action to address any issues and ensure compliance with its commitment to equality and inclusion.

23. Termination of Agreement

23.1 Termination by the Parent

The Parent may terminate the agreement with Spark Academy at any time, subject to providing written notice as specified in Section 9 (General Cancellation Terms). The notice period shall be 30 days from the date of receipt of the written notice by Spark Academy.

23.2 Termination by Spark Academy

Spark Academy reserves the right to terminate the agreement and cease providing tutoring services with immediate effect in the following circumstances:
Non-payment of fees by the Parent, as outlined in Section 7 (Charges for Overdue Fees).
Repeated breach of Centre Rules or policies by the Student or Parent.
Behaviour by the Parent or Student that, in the Director's considered opinion, is unreasonable and likely to adversely affect the Student, other Students, staff, or the reputation of Spark Academy.
Any other material breach of the terms and conditions set forth in this agreement.

23.3 Effect of Termination

Upon termination of the agreement, all obligations between Spark Academy and the Parent shall cease, except for any outstanding payment obligations or any other terms that expressly survive termination.
The Parent shall remain liable for any fees due up to the effective date of termination, and Spark Academy shall not be obligated to refund any prepaid fees, except as provided in Section 10 (Refunds).

23.4 Return of Property

Upon termination of the agreement, the Student shall return any property, materials, or equipment belonging to Spark Academy in their possession. The Parent shall be liable for any costs associated with the replacement of property not returned or returned in a damaged condition.

23.5 Access to E-Learning Platform

Access to the Spark Academy e-learning platform and any related resources shall be terminated upon the effective date of termination of the agreement. The Parent and Student shall cease using any login credentials and shall not attempt to access the platform thereafter.

23.6 Post-Termination Obligations

Any terms and conditions of this agreement that by their nature should survive termination, including but not limited to provisions regarding payment obligations, confidentiality, and liability, shall continue to be effective following the termination of the agreement.

23.7 Dispute Resolution

In the event of any disputes arising out of or in connection with the termination of the agreement, the parties shall endeavour to resolve the matter amicably through informal negotiation and discussion.
If a resolution cannot be reached through negotiation, either party may seek mediation or other alternative dispute resolution mechanisms in accordance with applicable laws and regulations.

24. Miscellaneous Provisions

24.1 Amendments

Spark Academy reserves the right to amend these terms and conditions from time to time. Any amendments shall be communicated to Parents and legal guardians in writing or via email, and shall become effective upon such communication. Continued use of Spark Academy's services following any amendment constitutes acceptance of the amended terms and conditions.

24.2 Governing Law and Jurisdiction

This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

24.3 Severability

If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable by any court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision under this clause shall not affect the validity and enforceability of the remaining provisions.

24.4 Entire Agreement

This agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and representations, whether written or oral, relating to its subject matter. The Parent acknowledges that they have not relied on any statement, promise, or representation made or given by or on behalf of Spark Academy that is not set out in this agreement.

24.5 Waiver

No failure or delay by Spark Academy to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict Spark Academy's further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

24.6 Third-Party Rights

A person who is not a party to this agreement shall not have any rights to enforce any term of this agreement under the Contracts (Rights of Third Parties) Act 1999.

24.7 Notices

Any notice or other communication given to a party under or in connection with this agreement shall be in writing and shall be delivered by hand, sent by pre-paid first-class post or other next working day delivery service, or sent by email to the address specified in this agreement or otherwise notified to the parties in writing.
Any notice or communication shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt; if sent by pre-paid first-class post or other next working day delivery service, at 9:00 am on the second business day after posting; or if sent by email, at 9:00 am on the next business day after transmission.