Smile4Kids

TERMS AND CONDITIONS

This website is owned and managed by Smile 4 Kids Ltd. (“Smile 4 Kids”, “us”, “we”, “our”).

These Terms and Conditions apply to any and all users of our website and student specific terms and conditions shall apply to all students enrolled onto our courses.

By accessing and using this website and/or by joining our courses and/or enrolling your child onto our courses, you agree to be bound by these Terms and Conditions. If you do not agree to be legally bound by these Terms and Conditions, you may not access or register yourself/your child as a student or use our website in any manner.

If you are a student above the age of 168years, you will be responsible for your own registration with us and you shall be legally bound by these Terms and Conditions.

If you are below the age of 18 years, please get a parent’s or guardian’s permission before using our website.

If you as a a parent or a person with parental responsibility have enrolled your child onto our courses, you on behalf of your child consent to these Terms and Conditions as well as to the collection, use and processing of your/your child’s personal data in accordance with our Privacy Policy.

We may change these Terms and Conditions from time to time, which shall be effective immediately after the posting of any such changes on our website. We encourage you to review these Terms and Conditions regularly so that you are aware of any changes and updates made. Your continued use of our website and/or services after such changes have been posted means that you agree to be legally bound by these Terms and Conditions as updated and amended.

1. Information about us

This website is owned by and all services made available through this website (“Services”) are provided by SMILE 4 KIDS Ltd., a private limited company incorporated under the laws of England and Wales, under registration number 11651695. Our registered office address is 171 Homesdale Road, Bromley, England, BR1 2QL.

2. Student registration

For students below the age of 18 years, persons with parental responsibility of the students must register the students by filling out the online application form available on our website. The online application form requires you to provide personal information about the student being registered such as

  • Name, contact details and address
  • Any additional learning needs or medical conditions that we should be aware of
  • Details of parents/guardians and emergency contacts
  • An email address for the account to be set up via the registration process

Students above the age of 18 years will be responsible for filling out the application form and providing the information mentioned in paragraph 2a themselves.

All personal data collected via this website or otherwise shall be used and processed in accordance with our Privacy Policy (available on our website). You agree to have read our Privacy Policy and for your/the student’s personal data to be collected, used and/or processed in accordance with our Privacy Policy.

3. Responsibility of persons with parental responsibility

Persons with parental responsibility shall be responsible for managing the provision of all elements of receipt of the Services on behalf of the respective students including the payment of course fees, receiving and sending communication from and to us on behalf of the students, and providing consent on behalf of the students for the collection and use of their personal data in accordance with our Privacy Policy.

4. Payment of fees

All fees for an academic term (“Term”) must be paid before the start of each Term.

The Term fee must be paid online or by means of a bank transfer, the details of which will be shared with you once the student has been registered.

Term Fees once paid will not be refunded for any reason.

5. Student attendance

We expect regular attendance by our students so that they can get the most value out of their classes and can make progress with vocabulary taught in each class. This is why you as the student or the parent/person with parental responsibility must notify the teacher of the class or management about the anticipated absence, or where that is not possible, the completed absence of their child from class.

Should you wish to withdraw yourself or your child from the course or reschedule attendance for a Term you must get in touch with your/your child’s teacher or with management so that we can discuss the situation and address any queries related to it.

6. Online classes

All our classes will be conducted online by teachers who are experienced in conducting online classes.

A secure link to join our classes will be communicated via email at the email address provided by the student or the student’s parent/person with parental responsibility.

The student or as applicable every parent/person with parental responsibility must ensure that they/their child has access to a good internet connection, safe devices and equipment and a quiet and comfortable environment so that the student can enjoy and get the most out of their online classes.

7. Other policies

The student or as applicable every parent/person with parental responsibility agrees that these Terms and Conditions must be read in conjunction with our following policies, all of which are available on this website.

  • Health and Safety Online Learning and Teaching Policy
  • Safeguarding Policy
  • Privacy Policy

You agree to adhere to and be bound by these Terms and Conditions as well as the above-mentioned policies.

8. Code of Conduct

Every student, parent/person with parental responsibility agrees to adhere to decorum, dress code and code of conduct that is normally expected of students and their parents in any academic set-up.

Students and their parents/persons with parental responsibility shall:

  • not make derogatory comments or inappropriate jokes aimed at the teacher and/or other students
  • not publish any abusive, derogatory or defamatory comments about a teacher or another student on the website, social media or any place
  • parents/persons with parental responsibility shall not interrupt a class and shall raise any concerns with the teacher after a class has been concluded. This can be done by emailing the concerned teacher and setting up a time to discuss parental concerns, suggestions, if any over a call
  • students or as applicable parents must ensure that the student has access to a quiet area for the duration of a class so that there is no background noise to disturb the teacher and other students.
9. Personal Data and interaction with teachers

We take our students’ and their parents’ privacy very seriously which is why our Privacy Policy thoroughly explains how we collect, use and store your/your child’s personal data.

We will only collect, store, use and process your/your child’s personal data in accordance with and for the reasons mentioned in our Privacy Policy.

You should not, unless it is deemed necessary share your personal data, i.e., any data that could be considered personally identifiable information, including your address, phone number or any other information that could be used to identify or locate you/your child, with the teachers or any other person who claims to request such data on our behalf.

You agree that if any teacher asks you for personal information or suggests any offline meeting or conversation you will immediately report this to us.

10. Non-circumvention

You shall not from the date of commencement of a Term and up to the expiry of 12 months from the date of completion of the student’s Term, solicit or encourage one to one classes, either in person or online to a person who is, or has been, a teacher introduced to you by Smile 4 Kids.

11. Intellectual Property

You acknowledge that certain classes may be recorded for the purposes of internal use such as staff training, and subject to your consent for promotional activities. You agree to the use and storage of these recordings in accordance with our Privacy Policy.

All the intellectual property in the material produced by Smile 4 Kids and shared with the student by teachers is owned by Smile 4 Kids and reproducing, plagiarising, distributing and/or using it in any manner, whether for commercial or non-commercial purposes is strictly prohibited.

You acknowledge that a violation of your obligations relating to intellectual property, outlined in paragraph 11b, shall be an infringement of our intellectual property rights, entitling us to remedies available under law and/or equity.

At the conclusion of a Term students may be asked to delete from their devices or otherwise responsibly destroy certain material and you agree that if such a request is made by us, the student or on behalf of the student their parent/person with parental responsibility will delete/destroy the material and confirm the same by way of a declaration or any other undertaking that we may request.

You acknowledge that SMILE 4 KIDS and all logos displayed by us on our website or otherwise and/or created and used by us are our Trade Marks and you shall not commit any acts that constitute an infringement of our Trade Mark.

12. Use of our website

You agree that you will use our website for lawful purposes only

All content included on our website and the copyright and other intellectual property rights in that content belongs to us or has been licensed by us, unless specifically labelled otherwise. All content is protected by applicable United Kingdom and international intellectual property laws and treaties.

Our status as the owner and the author of the content on our website (or that of identified licensors, as applicable) must always be acknowledged.

You may not use any content from our website for commercial purposes without first obtaining a license from us (or from our licensors as applicable). This does not prevent the normal access, viewing, and use of our website for the purposes of obtaining general information.

13. Security of our website

We exercise reasonable skill and care to ensure that our website is secure and free from viruses and malware. However, we cannot guarantee that this is the case.

You agree that you are responsible for protecting your hardware, software, data and any other material on your device from viruses, malware, and other internet security risks.

During a class, we expect students to use the internet only for the purposes of accessing the class and shall therefore not be responsible for students accessing other websites.

You must not deliberately introduce viruses or any other malware, or any other material that is malicious or technologically harmful either to or via our website.

You must not attempt to gain unauthorised access to any part of our website, the server on which our website is stored, or any other server, computer, or database connected to our website.

You must buy, keep up to date and pay for the latest available version of security software to protect against the transmission of viruses and other computer malware during your access and use of our website and/or services.

14. Disclaimers

The content on our website itself does not constitute academic material on which you or students must rely for the purposes of learning and education.

Nothing on our website constitutes professional advice on which you should rely.

We use all reasonable endeavours to make our services available to you in the most efficient manner. However, where this is not possible for any reason, we shall not be liable to you as a result of any act or omission on your part relating to your inability to access our services in whole or in part including but not limited to:

  • Any echo, audio break-ups, video or sound delays
  • Your/the student’s failure to configure the required headset and microphone
  • Your/the student’s failure to use equipment that must meet at least the minimum system requirements in order to be able to access our services

It is possible that due to fluctuations, internet outage or insufficient bandwidth, technical issues may arise during a class. You agree not to hold us responsible and/or liable for such technical issues.

ou agree that due to fluctuations or insufficient bandwidth students may experience a partial or complete failure of the video, in which case you/the student agrees to continue relying on the audio guidance and narration given during a class. You agree that this is acceptable to you and that you shall not hold us liable for conducting a class without video.

For the avoidance of doubt, you agree that you will not receive a full or partial refund for bandwidth related interferences.

15. Complaints

Working in our students’ best interests is of paramount importance to us, which is why we take student/parent complaints very seriously.

In the event that you are dis-satisfied with our services or a teacher, please get in touch with Mrs. Safrina Sidhu Saran (Mrs. Sarwarinder Sidhu Saran) by writing to her at sfs-3662001@yahoo.com.

Your complaint will be looked into on priority and we will endeavour to resolve any grievances at the earliest possible.

You agree to co-operate fully with us for the purposes of resolving any disputes/grievances that you may have with us or with our teachers.

16. Termination

The Terms relating to the provision of services shall apply for as long as the student is enrolled onto a course with us, unless you/the student are found to be in breach of these Terms or misconduct in which case we will cease to continue providing our services to the concerned student with immediate effect and Terms relating to the provision of services will cease to apply.

The Terms relating to our intellectual property, use and security of our website and disclaimers shall continue to apply in perpetuity.

You agree to adhere to your obligations relating to non-circumvention in accordance with paragraph 10a after the termination of the provision of our services to you/the student.

17. Governing Law and Jurisdiction

These Terms and the relationship between you and us, shall be governed and construed in accordance with English law.

18. Assignment

You shall not without our prior written consent assign, transfer, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms.

In the event of a merger, corporate restructuring, sale of business or any other dealing by which the ownership of our business is transferred to another entity, we may assign, transfer, sub-contract or deal in any other manner with all or any of your rights under these Terms.

19. Severability

If any one or more of the provisions of these Terms should be held to be invalid, illegal or unenforceable in any way, the validity and enforceability of the remaining provisions of these Terms shall remain unaffected as though the invalid, illegal or unenforceable provision has been severed from the remaining Terms. In such an event we may amend these Terms to add a new provision having an effect as near as legally permissible to the provision to be held invalid, illegal or unenforceable.

20. Entire Agreement

These Terms along with our Privacy Policy, Health and Safety Policy and Children Safeguarding Policy constitute the entire agreement between you and us in relation to your use of our website and services and supersede any prior representations, agreements and discussions whether verbal or written, arrangements and terms of service relating to the subject matter contained herein.

You acknowledge and agree that in entering into the Terms of this Agreement you do not rely on any undertaking, representation, warranty, promise, assurance or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement other than as expressly set out in this Agreement.

21. No partnership/agency

Nothing in these Terms/this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose.

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