Last updated: 4th January 2023

Please read these Terms and Conditions (“Terms”) carefully before using our Platforms. Your access to and use of our Platforms is conditional on your acceptance of and compliance with these Terms. These Terms apply to all Users and others who access or use our Platforms. By accessing or using our Platforms you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access any of our Platforms or services.

 

Our Privacy Policy applies to these Terms. They must be read in conjunction with these Terms.

 

1. Definitions and interpretation

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

• “we or “us” or “our” means Flash Learning Limited (Company Number: 14154204)
• “User” or “Users” or “you” refers to any individual using our Platforms. This includes both Students and Tutors
• “Tutor” or “Tutors” refers to registered tutors who have been verified to be part of the Tutor community on our Platforms
• “Student” or “Students” refers to anyone using our services or Platforms to view content or use Flash Help to receive tutoring
• “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world
• “App” refers to the Flash Learning Limited mobile application
• “Website” refers to flashlearning.co.uk
• “Platform” or Platforms” refers to both the App and the Website
• “Live Session” or “Live Sessions” refers to live interactive video tutoring sessions that are booked and conducted on our Platforms
• “Video Solution” or “Video Solutions” refers to the upload of solutions in response to questions posted by Students on our Platforms
• Flash Help” or “Flash Help Session” refers to on-demand help in the form of either Video Solutions or “Live Sessions” in exchange for Flash Credits requested by Users
• “Flash Credit” or “Flash Credits” refers a value obtained from the exchange of cash or cash equivalents for use on our

 

2. Information about Us

• We are a limited company registered in the UK under the company number: 14154204 and registered address of 12 Parkfield Gardens, Harrow, HA26JR
• To contact us, please email support@flashlearning.co.uk

 

3. Access and changes to our Platforms

• We do not guarantee it will always be available or that access will be uninterrupted
• We may alter and/or update any part of our Platforms at any time

 

4. Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion

 

5. Intellectual Property Rights

• All materials, products, content, and services provided on our Platforms are the property of Flash Learning Limited, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual You will not reproduce or redistribute our Intellectual Property Rights in any way, including electronic, digital, or new trademark registrations
• You may not use any content from any of our Platforms for commercial purposes without first obtaining a licence from us
• Any unauthorised use of our content and Intellectual Property Rights is strictly prohibited

 

6. Disclaimers

• You understand that we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via our Platforms, nor do we endorse any opinions expressed
• We are not responsible for any content contained in or accessed on any advertisement or Such content is the sole responsibility of the publisher/provider of that content.
• We do not monitor or control the content posted on third party
• Access is provided on an “as is” and “as available” basis. We may suspend or discontinue our Platforms at any time and at our complete
• Nothing on our Platforms constitutes professional advice on which you should rely. It is provided for general information purposes only
• While we make reasonable efforts to ensure all content on our Platforms is complete, accurate and up to date, we make no warranties or guarantees that this will always be the The User is solely responsible for critically reviewing and evaluating the content of other Users.

 

7. Liability

• The extent of ours and your liability in connection with these Terms (regardless of whether such liability arises in tort, contract, or in any other way and whether caused by negligence or misrepresentation) shall be se set out in this clause
• Subject to clause 7.5 our total liability shall not exceed the total fees paid to us for any of our subscription
• We shall not be liable for consequential, indirect, or special losses or any of the following (whether direct or indirect):
• loss of profit;
• loss of use;
• loss of contract;
• loss of opportunity; or,
• harm to reputation or loss of
• We shall not be liable for actions of third-party providers, (including both Students and Tutors) or
• Notwithstanding any other provisions of these Terms, the liability of the parties shall not be limited in any way in respect of the following:
• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation; or
• Any other losses which cannot be excluded or limited by the laws of the Users jurisdiction
• In any event, we shall not be liable for any damages that may occur to you as a result of your misuse of our

 

8. Communications

• We reserve the right to edit, modify, and change these Terms at any time. We shall use our best endeavours to let our Users know of these changes either through a notification or via electronic
• If we have your contact details, we may send you notices by email from time to time, please see our Privacy Policy for more details about how we use your data

 

9. Governing Law

Any dispute or claim arising out of, or in connection with, any of our paid services and/or these Terms (including no-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the England and Wales.

 

10. Jurisdiction

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any disputes or claim arising out of, or in connection, with any of our paid services and/or these Terms, its subject matter or formation (including non-contractual disputes or claims).

 

 

11. User Account, Content and Activities

• There is no right to registration on any of our Platforms. We reserve the right to refuse to register any User at our sole discretion
• We have the sole right to suspend any registered User from any and all of our Platforms and services at our sole
• Any credit purchased and not yet consumed at the time of suspension will be
• Refunds will be processed within 5 workings days following the conclusion of investigation by us that leads to your account becoming suspended. Refunds shall be credited to the same method of payment used by the User. will be made out to make this payment, we shall use the same means of payment that the User originally used to purchase the credit
• Subject to your compliance with these Terms, we grant you a limited, personal, non- exclusive, revocable, and non-transferable license to view our content. You may only use our Platforms for your own personal use
• As a User of our Platforms, you will be asked to register with us and provide private You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password
• If you think there are any possible issues regarding the security of your account, inform us immediately so we may address them accordingly
• We reserve all rights to terminate accounts, edit or remove content at our sole discretion
• When you submit, post, upload, display, communicate, email or otherwise distribute or publish any solution, question, comment, feedback, image, video, text or other material to our Platforms , you grant us a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable and fully transferable right to exercise any and all copyright, trademark, publicity and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, distribute, sell, create derivative works based upon and otherwise use the User content
• You agree that we are free to use any ideas or concepts contained in any User content for any purpose whatsoever
• You agree that your User content will be treated as non-confidential and non-proprietary and will not be returned
• None of your User content will be subject to any obligation of confidence on our part
• You agree that we have no obligation to monitor or enforce your Intellectual Property Rights to your User content but has the right to protect and enforce its rights to your User content

 

12. Age Restrictions

• You must be at least 13 years old before you can use our Platforms. If you’re under 13, you will not create an account or register with us
• You warrant that you are at least 13 years old and have the legal capacity to adhere to these Terms
• If you are under the age of 18 you must have obtained full consent from your parent or legal guardian and both you and your parent/guardian warrant that they are fully aware of the Terms upon which Flash Learning is made available to you as set out in these Terms
• If a parent or legal guardian has given their full consent, they are agreeing to the Terms set out in these Terms on behalf of you and your account
• If you are a parent or legal guardian and are aware that your child has an account without your permission, please contact us at support@flashlearning.co.uk to request that your child’s account is deleted
• We assume no responsibility for liabilities related to age misrepresentation

 

13. Acceptable Use Policy

• You are solely responsible for the User content you submit, and any material or information that you transmit to other Users and for your interactions with other Users. When you submit, upload or contribute any content via our Platforms, you agree to comply with the following Prohibited content includes, but is not limited to, material that we determine:
• Is offensive, promotes or incites racism, bigotry, hatred, or physical harm of any kind against any group or individual
• Harasses or advocates harassment of another person
• Exploits people in a sexual or violent manner or contains nudity, violence, pornographic or offensive subject matter or contains a link to an adult or otherwise objectionable website
• Posts information that poses or creates a privacy or security risk to any person
• Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
• Constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work
• Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses
• Includes a photograph or video of another person that you have posted without that person’s consent
• Violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person

 

14. Links to Other Sites

• Our Service may contain links to third-party web sites or services that are not owned or controlled by us
• We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services

 

15. Indemnity

• You agree to indemnify us and its affiliates and hold us harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal representation
• The User undertakes to indemnify and hold us completely harmless if we are held liable for claims arising from other Users, or third parties for civil or criminal, judicial or extrajudicial claims arising from the content posted by the Users on our
• All Users undertake to observe the legal provisions to ensure that when posting content on our Platforms, they have the corresponding rights of use and that the provision of content does not violate legal regulations, moral standards and/or the rights of third parties (such as copyright, personal rights, and trademark rights)

 

16. Notifications

Notifications or receipts from us will be delivered to you by email at the address you provided to us when you created your account or as later updated

 

17. Payment

• Users shall pay for any subscriptions and/or services as indicated on our Platforms:
• in full without deduction or set-off, in cleared funds within the terms set out in the herein; and,
• to the bank account nominated by
• No paid services or subscriptions will be provided or continued where payment has not been If a subscription is recurring, time of payment is of the essence. Where sums due under these Conditions are not paid in full by the due date:
• we may, without limiting our other rights, charge interest on such sums at 5% a year above the base rate of the Bank of England from time to time in force,
• interest shall accrue daily and apply from the due date for payment until actual payment in full, whether before or after judgment; and
• we reserve the right to withhold the provision of any
• All payments for paid services and/subscriptions are final and not refundable or exchangeable, except as required by applicable We make no guarantee as to the nature, quality, or value of these services or the availability or supply thereof. Refunds or credits are not provided for any unused or partially used services (for example, a partially used subscription period).
• Each purchase of a subscription or paid service applies to a single Flash Learning account, meaning that your purchase will apply solely to the account you were using when you made the purchase and will not apply to other accounts that you may have access to, or control If you have or control multiple accounts and you want access to subscriptions or paid services on each account, you must purchase these on each account individually.

 

18. Complaints

• All complaints should be first reported to us via our Platforms
• The parties agree that they shall attempt in good faith to resolve any complaint promptly through negotiations between you and us
• All Users agree to cooperate fully with us in resolving any disputes, failure to do so may lead to your account being suspended for an indefinite period of
• We reserve the right to suspend your account with immediate effect while an investigation is conducted
• The decision to instigate any investigation or report on the outcome of any investigation instigated by any User is entirely at our

 

19. Cancelling services / subscriptions

• You can cancel your Paid Services (including subscriptions) at any
• If you purchased your Paid Service using a third party you must cancel through the third party, for example;
• If you used Apple’s in-app purchasing, you may only cancel your Paid Services via the Apple App
• If you used Google’s in-app purchasing, you may only cancel your subscription via the Google Play
• Regardless of how your subscription was purchased, your subscription automatically renews unless you cancel at least 24 hours before your subscription period ends. If you cancel your subscription, your subscription will remain active from the time you cancel until the end of your current subscription You will not receive a refund or credit for any remaining days

in our current subscription period, unless required by law. For more information about cancelling any Paid Services you can contact us

• Users will have 14 days after your purchase to withdraw from your purchase for any reason. In order to withdraw you must do so notify us in writing. All refunds due under your right to withdraw will be handled in accordance with the refund policies of the respective third parties to which any of our services were purchased, not Flash Learning Limited. Any purchase of digital content, you agree that the content will be available to you immediately, and you acknowledge that as a result you waive your automatic statutory

 

20. Termination

• We may suspend or terminate your access to Paid Service(s) or cease providing you with all or part of the Paid Services (without any liability) at any time for any or no reason, including, but not limited to any of the following reasons:
• Flash Learning believes, in its sole discretion, that you have violated the Terms or your use of the Paid Service(s) would violate any applicable laws;
• Flash Learning is requested or directed to do so by any competent court of law, regulatory authority, or law enforcement agency;
• Flash Learning has an unexpected technical or security issue(s);
• Flash Learning believes you have violated the Conditions;
• You create a risk or possible risk of legal exposure for Flash Learning;
• Your account should be removed due to unlawful conduct;
• Your account should be removed due to prolonged inactivity; or
• Our provision of paid services and/or subscriptions (in whole or in part) to you is no longer commercially viable (in our sole discretion).
• Termination or expiry of the Contract shall not affect any accrued rights and liabilities of us at any time up to the date of
• In the event of unacceptable use of our Platforms, we may take one or more of the following actions:
• Suspension or termination of your right to use our Platforms
• Issue you with a written warning
• Take legal proceedings against you
• Disclose such information to law enforcement authorities as required or as we deem reasonably necessary
• Any other actions which we deem reasonably appropriate
• We can terminate any Users accounts immediately without compensation or written notice by ending your access to our Platforms if you commit a breach of any of the Terms

 

21. Terms of Use

• You shall not share your account username or password with anyone else
• The Platform may not be:
• Copied by you or changed by you
• Combined or merged with, or used in, any other computer program
• Distributed or sold by you to any third party
• Accessed by you in order to build a product or service which competes with our Platforms
• You shall not access, store, distribute or transmit any viruses in your use of our Platforms
• You shall be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres
• You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. We do not guarantee that our Platforms will be secure or free from viruses or other malicious software
• You must not attempt to gain unauthorised access to any part of our Platforms, including but not limited to servers or databases used by us
• Users must not disclose any information to another User that could be considered personally identifiable information including your address, telephone number, email address, National Insurance number, password or any other information that could be used to identify or locate you. A violation of this may lead to the suspension or termination of your account with us
• All Users undertake to notify us 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 of these Terms, we reserve the right to block the User account and subsequently terminate all services you have purchased and/or subscribed to
• You acknowledge that all Live Sessions or Video Solutions you participate in may be recorded and you agree to the storage and use of such Recordings by us

 

22. Confidentiality

You agree that we may disclose your Information to any relevant third party to the extent reasonably required by such third party in order to allow provision of our Platforms and/or any other services provided under or in connection with these Terms

 

23. Safeguarding

• We aim to provide a safe educational environment through the following:
• All our Tutors are vetted and must provide a certificate to demonstrate their attendance at university. They must also hold a clean enhanced DBS record and pass a live, online interview and testing stage
• All Tutors are required to provide proof of identification during their live interview which will be verified by the interviewer
• All Video Solutions and Live Sessions are subject to random checks by one of our employees
• All communications between Users shall only take place via our
• All Video Solutions and Live Sessions are recorded and stored and made available for playback if requested, for more information about how this data is stored and how long it is kept for, please refer to our privacy policy
• Users should not upload any content on to our Platforms that:
  • Is confidential to the company or its staff
  • Amounts to bullying
  • Amounts to unlawful discrimination, harassment or victimisation
  • Brings the company into disrepute
  • Contains lewd, sexually explicit, threatening or similarly inappropriate or offensive comments, images or video clips
  • Is defamatory or knowingly false
  • Breaches copyright
  • Is unlawful in any other way

 

24. Entire agreement

• The parties agree that the Contract constitutes the entire agreement between them and supersedes all previous agreements, understandings, and arrangements between them, whether in writing or oral in respect of its subject matter
• Each party acknowledges that it has not entered into the Contract in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract
• Nothing in these Conditions purports to limit or exclude any liability for fraud
• These Terms supersedes and replaces all prior contractual arrangements and/or agreements regarding the use of our Platforms

 

25. Assignment

Users may not assign, subcontract, or encumber any right or obligation under these Terms, in whole or in part, without our prior written consent, such consent not to be unreasonably withheld or delayed

26. No partnership or agency

The parties are independent persons and are not partners, principal and agent or employer and employee and the Users do not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf

 

27. Severance

• If any provision of these Terms (or part of any provision) is or becomes illegal, invalid, or unenforceable, the legality, validity, and enforceability of any other provision of these Terms shall not be affected
• If any provision of the Contract (or part of any provision) is or becomes illegal, invalid, or unenforceable but would be legal, valid, and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with the minimum such deletions or modifications as may be necessary to make the provision legal, valid, and In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision
• In the event of a conflict between these Terms and any other Flash Learning policy or notice, the provisions of these Terms take precedence solely with respect to your use of paid

 

28. Waiver

 

No failure, delay, or omission by either party in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy

 

29. Third party rights

A person who is not a party to these Terms shall not have any rights under these Terms to enforce any of the provisions of these Terms