Terms and Conditions
TERMS OF USE
These Terms of Use and associated policies referred to herein, constitute Lightup's terms and conditions ("Terms"). The Terms create a legally binding contract between yourself and Lightup Tutoring LLC ("Lightup", " we", "us", "our"). You are invited to read the Terms of Use carefully.
Lightup is an online tutoring platform with the sole aim of preparing and empowering students ahead of GCSE examinations. Lightup's Terms set out your rights and responsibilities during the use of Lightup's services, both via our website or our mobile apps ("Site"), and including browsing Lightup's website and/or using our tutoring material (collectively the "Services").
If you wish to use any of Lightup's Services, you must accept and agree to these Terms If you do not accept and agree with these Terms, you will not be allowed to accept or use Lightup's services.
By ticking the button at the end of your account registration, you hereby acknowledge that you have read and understood and agree to all of the terms of use.
By using the Lightup Services, you wholly agree and fully acknowledge that you can lawfully enter into and form contracts under the laws of England and Wales, and that you act on your own behalf and not for the benefit of any other person. These Terms do not create any agency, partnership, joint venture, employment or franchise relationship between you and Lightup Tutoring LLC.
These terms are divided into 3 sections:
Part I: General Rules and Conditions. These apply to all users of Lightup's Site and the Services.
Part II: Rules for Users. These apply to those who subscribe to or otherwise use Lightup's tutorial services.
Part III: Rules for Tutors/ Content Creators. These apply to those who create, contribute, submit or upload material to Lightup Tutoring LLC for wider use in Lightup Services.
Subject and Scope
1.1. Lightup Tutoring LLC applications ("apps", websites ("site(s)") and associated services ("services") are owned and operated by Lightup Tutoring LLC (hereafter "Lightup", "us" or "we")
1.2. Your use of Lightup services is governed by the terms and conditions of use below
1.3. By using or accessing any portion of Lightup's services, you agree to and accept the application of these terms and conditions. Upon acceptance you are deemed a user ("user").
1.4. Lightup is free to and may, without notice, update these terms and conditions. Ordinarily Lightup will request your consent to an update of these terms at least 7 working days before the effective date of any such update
1.5. If you opt not to agree to the update referred to in 1.4. above, you may not be able to continue to access or use services from the effective date of update.
Services and Rights
2.1. The Lightup Services allow you to use and access a selection of curated educational content relating to GCSE examinations.
2.2. The scope of services you have access to is dependent upon your account type
2.3. Lightup services are provided to you on a limited, non-exclusive, non-sublicensable, non-transferable basis. The services are for your own private, personal, non-commercial use.
2.4. Lightup content, such as but not limited to audio, designs, graphics, images, information, software, text, and other medium including their arrangement and selection are the proprietary property of Lightup and/or its licensors. You are not permitted under any circumstance to copy, display, distribute, download, post, republish, reproduce, sell, or transmit, in any form or by any means, in whole or in part, other than as expressly permitted in these terms and conditions. Lightup reserves the right to seek the full range of legal remedies available to it against users who breach this term.
2.5. "Lightup" and all other tradenames, service marks, graphics, and logos used in connection with Lightup services are trademarks or service marks of Lightup and their respective owners. Use or Access of Lightup services does not grant you or provide you with a right or license to reproduce or use Lightup trademarks, service marks, graphics, and logos.
2.6. By accessing or using Lightup services you both represent and warrant that your use is subject to and in accordance with the terms and conditions contained herewith.
2.7. Lightup reserves the right to modify, suspend or discontinue any portion of its services.
Account
3.1. Access and use of Lightup services requires registration and creation of a user account ("account").
3.2. Account access is maintained via your own email address in conjunction with a self determined password.
3.3. Lightup requires that you secure the confidentiality of your login details and password and all related information pertaining to your personal account.
3.4. You are obligated to provide up-to-date, complete and correct information as and when requested by Lightup.
3.5. To create an account, you must be at least 14. If you are under fourteen years of age, you are allowed to create an account with the consent of a Guardian or Parent. Lightup reserves the right to make provision of services subject to verified proof of identity or consent of a Guardian or Parent.
Payments and Subscriptions
4.1. Special promotions may apply during certain time periods which may cause prices to vary. These promotions are offered to users on the basis that the agreement between them will be governed by Lightup's Terms of Use.
4.2. By subscribing, you are agreeing to have a once-off payment or recurring direct debit set up with Lightup until you personally terminate the direct debit.
Termination
5.1. The provision of Lightup services will commence at the time of account registration and continue according to the subscription chosen by the user.
5.2. Users are free to terminate services at any time. To terminate, cancel their subscription at the bottom of their memberships dashboard.
5.3. Users experiencing difficulty with termination in the manner set out in 5.2 should contact contact@thelightuphub.com or use the Chatbot available on the site.
5.4. Users who delete their account should note that your account details and all personal information stored will be permanently deleted. For the avoidance of doubt, the data which will be deleted when an account is deleted will include all written notes saved to courses, all quiz data and scores, all user levels, courses the user has completed, all certifications and the user login streak. Any personal data provided by users will not be stored by Lightup and will have to be resubmitted when a user student rejoins.
Complaints, Cancellations and Refunds
6.1 Complaints must be raised via the contact form on our website.
6.2. Lightup will not offer and will not be obliged to provide refunds where complaints are not first made via the chatbot on site or through contact@thelightuphub.com on the Lightup website.
Limitation on Types Of Damages and Liability
7.1. Lightup is not in any way liable or responsible for user damage claims. Lightup is only liable for damages arising from violations of its material contractual duties as well as for damages arising from intentional or gross negligent/ breach of duty of Lightup or its agents.
7.2. In the event of violations of material contractual duties, Lightup is only liable for for the contractual and typically foreseeable damages if caused by negligence unless these damages arise from injury to health, body or life
7.3. Term 8.2. above also necessarily applies to the agents of Lightup.
7.4. Full Refund Eligibility:
7.4.1. A full refund is granted within the 14-day cooling-off period if the user has not exceeded 3 hours of total active time on the platform.
7.4.2. Refunds are also provided in cases of defective services, whether proven by the customer or verified by The Lightup Hub.
7.4.3. Refunds may also be given if dissatisfaction or unmet expectations are validated by The Lightup Hub.
7.5. Ineligible Refunds:
7.5.1. Refunds are not provided after 14 days, unless the services are defective or dissatisfaction is validated (as outlined in 3.1).
7.5.2. Refunds are not provided if the customer has engaged in more than 3 hours of usage, including, but not limited to, actively participating in lessons, completing quizzes, attending live sessions, or utilising learning resources.
7.5.3. Refunds for duplicate accounts (see 4.3) require proof of little to no usage on one account, meaning under 3 hours of total usage.
7.6. Specific Scenarios:
7.6.1. Wrong Membership Selected: Refunds for downgrades must be requested via the user membership page within 14 days of the upgraded membership purchase.
7.6.2. Membership Upgrades: If users want to revert to a previous membership, refunds for the upgraded membership will only be permitted within the cooling-off period.
7.6.3. Misunderstanding of Pricing: Refunds will only be considered if the pricing issue arises from a communication error by The Lightup Hub.
7.6.4. Refunds for Duplicate Accounts: Refunds will only be granted if the user can prove that one account had little to no engagement with the platform during the billing cycle, meaning under 3 hours of total usage.
7.6.5. Child Accounts Without Parental Permission:
7.6.5.1. A full refund will be issued if the refund request is made within 14 days of the initial purchase and the account has not exceeded 3 hours of total usage on the platform.
7.6.5.2. A partial refund may be issued if the account has exceeded 3 hours of total usage but the refund request is still made within 14 days of purchase.
7.6.5.3. No refund will be granted after 14 days, unless exceptional circumstances apply.
To process a refund, the parent or legal guardian must provide a written statement confirming that the child registered without consent.
Privacy
8.1. Your use of the Lightup services is governed by Lightup's Privacy Policy (see below)
8.2. By using Lightup services, you consent to the terms of the Privacy Policy
Child Protection Policy
9.1. Lightup is mindful and takes seriously the protection of its students during online interactions. We take care and precautions when selecting our contributing tutors and online tutors and have ensured that the appropriate safeguards are in place. Details of how we provide and offer a safe online learning environment can be found in Lightup's Child Protection Policy (see below)
Miscellaneous
10.1. Entire Agreement. These Terms, together with all terms, policies, conditions, guidelines and other information on the Site concerning the Site and/or the Services, constitute the entire agreement between you and Lightup with respect to the subject matter hereof and supersede and cancel any other agreements, discussions, correspondence, negotiations, promises, assurances, warranties, representations, arrangements and understandings between you and Lightup regarding the Services. You agree and acknowledge that you may not rely on, and shall receive no remedies in respect of, any statement, representation, promise, assurance or warranty (whether made innocently or negligently), that is not set out in these Terms. Nothing in this section shall limit or exclude any liability for fraud.
10.2. Severability. If any provision of these Terms is or becomes invalid, illegal or unenforceable, that 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 shall not affect the validity and enforceability of the remainder of these Terms, which shall remain in full force and effect.
10.3. Waiver. Any failure or delay by Lightup to enforce the strict performance of any provision of these Terms, or to exercise any right or remedy provided under these Terms or by law, shall not constitute a waiver of the right to subsequently enforce such provision or any other provision of these Terms, or to exercise any other right or remedy under these Terms, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
10.4. Assignment. We may assign any of our rights and obligations under the Terms.
10.5. Third party rights. Except as expressly provided in these Terms, no person other than you and Lightup shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms. Nothing expressed or mentioned in, or implied from, these Terms is intended or shall be construed to give any person other than you and Lightup any legal or equitable right, remedy or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Lightup and you.
10.6. Rights and remedies. Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
10.7. Governing Law. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or the use of the Services shall be governed by and construed in accordance with the laws of England and Wales. These laws will apply no matter where in the world you are.
10.8. Jurisdiction. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or the use of the Services.
Online Interactions and Conduct
1.1. Users agree that they are responsible for their own use of the Lightup Site and for their User Postings. "User Postings" means all content submitted, posted, published, or distributed on the Lightup Site, including but not limited to all forum posts, submission of assignments, questions, comments, videos, and file uploads. Users agree that they will use the Lightup Site in compliance with these Agreements.
1.2. As a condition of use of the Lightup Site, users will not use the Lightup Site in any manner intended to damage, disable, overburden, or impair any Lightup server or the network(s) connected or affiliated with Lightup to interfere with any other party's use and enjoyment of the Lightup Site. Users may not attempt to gain unauthorized access to the Lightup Site, other user accounts, computer systems, or networks connected to any Lightup server through hacking, password mining, or any other means. Users may not obtain or attempt to obtain any materials or information stored on the Lightup Site, its servers, or associated computers through any means not intentionally made available through the Lightup Site.
1.3. Users agree not to download in bulk, or otherwise scrape by illegal digital means, any Lightup Site content, including but not limited to a list or directory of users on the system, User Postings or user information, online course materials, or trademarks and logos. Lightup reserves the right to seek the full range of legal remedies available to it against users who breach this term.
1.4. Users agree not to misrepresent or attempt to misrepresent your identity while using the Lightup Site.
Strictly Prohibited Items
2.1. The following items are strictly prohibited on any Lightup platform:
– Content that defames, harasses or threatens others;
– Content that discusses illegal activities with the intent to commit them;
– Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
– Profane, pornographic, obscene, indecent or unlawful content;
– Advertising or any form of commercial solicitation;
– Content related to partisan political activities;
– Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another's computer or property; and
– Content that contains intentionally inaccurate information or that is posted with the intent of misleading others(this list, collectively, "Strictly Prohibited Items").
Users may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via Lightup Site.
3.User Accounts
3.1. In order to create a user account, you must provide your full name, an email, age, year group, where you found us, grades you're working at and school name. You agree that you will never divulge or share access or access information for your user account with any third party for any reason. In setting up your user account, you may be prompted to enter additional optional information (e.g. your year of birth and referral source)
3.2. You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.
3.3. Lightup takes confidentiality and security of your personal information seriously. Please see the Lightup Privacy Policy for more information about the collection and use of data on the Lightup Site.
4.User Right to use Content on Lightup Site
4.1. Unless indicated as being in the public domain, the content on the Lightup Site is protected by England & Wales copyright laws.
4.2. Unless otherwise expressly stated on the Lightup Site, the virtual textbooks, quizzes, booklets, video, images, and other instructional materials provided with the courses and programs offered on the Lightup Site are for your personal use in connection with those courses and programs only. Certain reference documents, digital textbooks, articles, and other information on the Lightup Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information.
4.3. By using the Lightup Site, Users agree to abide by all such rules and conditions. Users agree to retain all copyright and other notices on any content you obtain from the Light Site. All rights in the Light Site and its content, if not expressly granted, are reserved.
1. Content Creation
1.1. As a contributing tutor to Lightup's content, you agree that by creating, storing, or submitting any material, be it literature, language, instructionals, content plans or any course related information through the services, you irrevocably grant Lightup a non-exclusive, indefinite, royalty-free, freely-transferable, and universal license to copy, distribute, display, reference and excerpt, reformat, reuse, and create derivative works from such content for providing the services as well as personalizing your experience of and promoting the services and you acknowledge that you cannot terminate this license after creating, storing, or submitting the content.
1.2. As a contributing tutor to Lightup's content, you accept and are responsible for any and all content and deliverables you create, submit or upload. It is your responsibility to obtain the necessary permits and licences as you and your material requires.
1.3. You warrant and represent that you exclusively own or have obtained all necessary legal rights and permissions in respect of the contents you contribute, guarantee the authenticity of your work, and respect the copyrights of third parties in the materials provided
1.4. As a contributing tutor to Lightup's content, you warrant that you will not under any circumstances create, store or submit any material whose content is in any way:
– discriminatory, abusive, harassing, offensive, hateful, threatening or which in any way infringes on the rights of any third party including but not limited to personal rights, proprietary rights, privacy or copyright;
– exposes Lightup or any other third party to liability or harm of any kind;
– damaging, impairing or exploitive of Lightup services;
1.5. As a contributing tutor to Lightup's content you agree to be subject to Lightup's monitoring of content and Lightup's right to remove and content without notice that Lightup deems inappropriate. Additionally, contributors consent to have their material periodically scanned and vetted by accredited anti-plagiarism software and agree to assist the company in monitoring content published through Lightup.
2.Content Liability
2.1. Contributing tutor content is the tutor's sole responsibility. Under no circumstances will we be liable in any way for their content or for any loss or damage of any kind incurred as a result of the use of any of your content. Contributing tutors can post content to the Site only if (a) they created and own the rights to the content or they have the owner's express written permission to post the content; and (b) the content does not infringe any other person's or entity's rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, this Agreement or any other posted policies. Lightup has the right, but not the obligation, to remove content for any reason.
3.Copyright Infringement
3.1. Lightup respect the rights of all copyright holders, and we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If a contributing tutor believes that their work has been copied in a way that constitutes copyright infringement, please provide Lightup's designated copyright contact, aaliyah@lightuptutoring.com with the following information:
– identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
– identification of the material that is claimed to be infringing or to be the subject of infringing activity, a request that is to be removed or access to it disabled, and information reasonably sufficient to permit us to locate the material;
– information reasonably sufficient to permit us to contact the infringing and complaining parties;
– a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
– a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
– a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3.2. Contributing tutors to Lightup's content agree to wholly abide by and agree to the procedures and guidelines contained in these Terms Of Use
Our full Privacy Policy can be found here
Lightup's Policy Statement
1.1. Lightup Tutoring LLC aims to support and empower children and young people to reach their full potential in GCSE examinations.
The purpose of this policy statement is:
– to protect children and young people who receive Lightup's services from harm. This includes the children of adults who use Lightup's services
– to provide staff, tutors, contributors and volunteers, as well as children and young people and their families, with the overarching principles that guide our approach to child protection.
1.2. This policy applies to anyone working on behalf of Lightup Tutoring LLC including owners, managers, paid staff, contributors, sessional workers, agency staff and students.
Legal Framework
2.1. This policy has been drawn up on the basis of legislation, policy and guidance that seeks to protect children in England. A summary of the key legislation and guidance is available from nspcc.org.uk/childprotection.
Supporting Documents
3.1. This policy statement should be read alongside Lightup's other organizational policies, procedures, guidance and other related documents
– recording concerns and information sharing
– child protection records retention and storage
– code of conduct for staff and volunteers
– behaviour codes for children and young people
– photography and sharing images guidance
– safer recruitment
– online safety
– anti-bullying
– managing complaints
– induction, training, supervision and support
– adult to child supervision ratios.
Lightup believes that:
– children and young people should never experience abuse of any kind
– we have a responsibility to promote the welfare of all children and young people, to keep them safe and to practise in a way that protects them.
Lightup Recognises that:
– the welfare of children is paramount in all the work we do and in all the decisions we take, work we do in partnership with children, young people, their parents, carers and other agencies is essential in promoting young people's welfare
– all children, regardless of age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation have an equal right to protection from all types of harm or abuse
– some children are additionally vulnerable because of the impact of previous experiences, level of dependency, communication needs or other issues
– extra safeguards may be needed to keep children who are additionally vulnerable safe from abuse.
6. Lightup will seek to keep children and young people safe by:
– valuing, listening to and respecting them
– adopting child protection and safeguarding best practice through our policies, procedures and code of conduct for staff and volunteers
– developing and implementing an effective online safety policy and related procedures
– providing effective management for staff and volunteers through supervision, support, training and quality assurance measures so that all staff and volunteers know about and follow our policies, procedures and behaviour codes confidently and competently
– recruiting and selecting staff and volunteers safely, ensuring all necessary checks are made
– recording and storing and using information professionally and securely, in line with data protection legislation and guidance
– making sure that children, young people and their families know where to go for help if they have a concern
– using our safeguarding and child protection procedures to share concerns and relevant information with agencies who need to know, and involving children, young people, parents, families and carers appropriately
– using our procedures to manage any allegations against staff and volunteers appropriately
– creating and maintaining an anti-bullying environment and ensuring that we have a policy and procedure to help us deal effectively with any bullying that does arise
– ensuring that we have effective complaints and whistleblowing measures in place
– ensuring that we provide a safe digital environment for our children, young people, staff and volunteers, by applying measures in accordance with the law and regulatory guidance
– building a safeguarding culture where staff and volunteers, children, young people and their families, treat each other with respect and are comfortable about sharing concern
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