Breakthrough Maths​​ Terms ​​& ​​Conditions

This page tells you information about Breakthrough Maths Ltd and the legal terms and conditions that ​​apply ​​when​​ you​​ use​​ the ​​Breakthrough Maths ​​platform. We reserve the right to change these terms and conditions at any time. Any changes are effective immediately upon posting to the site. Your continued use of the site constitutes your agreement to such terms and conditions.

Our​​ Services

Breakthrough Maths is an online maths school that operates through zoom. It allows students to improve their grades through personalised feedback on the work they do in preparation for second level exams. Breakthrough Maths captures the value of the traditional private tutoring service, this being the prompt and detailed feedback a student receives from a tutor, but delivers it to students in a more efficient, convenient and affordable​​ way.

Our Platform facilitates a Tutor (e.g., Math Leaving Certificate tutor) to provide a set of problems/questions to a student on a chosen area of a particular​​ subject ​​(e.g.,​​Leaving ​​Certificate​​-​​Higher​​-​​Maths​​-​​Algebra).

You agree that by registering a profile and accessing our site or using our services, or any content or information provided as part of our services, you are entering into an agreement with us, such agreement being governed by these terms.

Please read these terms carefully and make sure that you understand them before using our site and purchasing our services. Please note that before a booking can be confirmed you will be asked to agree to these terms. If you refuse to accept these terms ​​you ​​will​​ not​​ be​​ able ​​to ​​avail​​ of ​​our ​​services.

We may amend these terms from time to time. Every time you wish to use our site and order our services, please check these terms to ensure you understand the terms which will apply at that time. These terms were most recently updated on the 4th day​​ of ​​October 2021.

Breakthrough Maths​​ Rights ​​& ​​Responsibilities

a) To ​​help ​​student​​, ​​by ​​facilitating ​​the ​​provision ​​of ​​personalised​​ learning ​​tuition ​​services ​​by​​ tutors

b) To ​​ensure,​​ as​​ much​​ as ​​possible,​​ that ​​our​​ site​​ remains ​​functional,​​ including ​​systems,​​ the​​booking ​​system ​​and ​​payment ​​processing.

c) To ​​communicate ​​any ​​planned​​ maintenance ​​of​​ our​​ site​​ or​​ downtime.

d) To ​​reasonably​​ endeavour​​ to ​​keep ​​our site​​ free ​​from ​​viruses​​ and​​ worms.

e) To​​ communicate ​​new ​​bookings, ​​confirmation ​​of ​​bookings, ​​and​​ cancellations, ​​both​​ students ​​and ​​tutors ​​via​​ the ​​mode ​​of​​ communication ​​by ​​them ​​upon ​​registration.

User​​ Responsibilities

a) Users​​ are ​​responsible ​​for ​​their ​​own ​​security ​​in​​ conjunction ​​with ​​our ​​services,​​online ​​and​​offline.

b) Users ​​are ​​solely ​​responsible ​​for ​​the ​​material ​​they ​​post ​​on ​​Our ​​Site, ​​including ​​sent,​​and​​must​​ not ​​post​​ defamatory,​​offensive​​ or​​ illegal​​ material.

c) Users ​​must​​ immediately ​​report​​ any ​​defamatory,​​offensive​​ or ​​illegal​​ material ​​view​​ on​​ our​​website.

d) Users​​ must​​ exercise​​ their​​ own ​​judgement​​ regarding ​​the ​​accuracy ​​of ​​provided ​​on​​ the​​website. ​​Breakthrough Maths ​​cannot​​ guarantee ​​that ​​all ​​the​​ content​​ on ​​the​​ website ​​is​​complete, ​​accurate​​ or ​​up to date.

e) Users​​ are​​ responsible ​​for ​​their ​​own internet ​​security ​​when ​​using​​ the ​​website.

f) Users​​ agree ​​to​​ abide​​ by​​ the ​​Privacy​​ Policy ​​provided ​​through ​​the ​​platform.

g) Any ​​User​​ who ​​fails ​​to ​​meet​​ the terms​​ and ​​conditions ​​may​​be​​ barred​​ from ​​the ​​platform​​ and​​related​​ services.

Use ​​of ​​our ​​site

1.1. By using our site, you confirm that all the information you provide when you

create a profile, place a Booking, and/or register a payment account with Breakthrough Maths​​ is ​​true ​​and ​​accurate ​​and​ ​that ​​you ​​will ​​keep​ ​this​ ​information ​​up to date.

1.2. You agree that when using our site and interacting with other site users that you​​ will: only​​ use​​ our​​ site​​ for ​​lawful​​ purposes.

ii. not use our site in a way that may lead to the encouragement, procurement​​ or ​​carrying ​​out​​ of​ any​​ criminal​​ activity.

iii. only have one profile on our site, which must include accurate information, including​​ your ​​real ​​name.

iv. not ​​access ​​or ​​attempt ​​to ​​access ​​the ​​accounts ​​of ​​other ​​site ​​users.

v. [not provide or attempt to provide contact details to other Site users within the ​​description​​information​​ on ​​your​​ profile;​​]

vi. not use our site in a way that infringes the rights of anyone else or that restricts ​​or​​ inhibits​​ anyone ​​else’s ​​enjoyment ​​of ​​our ​​site.

vii. not knowingly or negligently introduce viruses, Trojans, worms or other harmful ​​material​​onto​​ our​​ site​​ or​​ our​​ servers.

ix. not penetrate or attempt to penetrate our site security measures, or attack

our site servers via a denial-of-service attack or a distributed denial-of service​​ attack.

1.3. We have the right to remove any material posted on our site and reserve the right to suspend, restrict or terminate your access to our site at our sole discretion and at any time without notice to you if We have reasonable grounds to believe that you ​​have​​ breached ​​any​​ of ​​the ​​terms, ​​breached​​ any ​​law​​ or ​​are​​ misusing ​​our ​​site.

1.4. Breakthrough Maths Ltd has an unlimited right to take any appropriate action against you ​​in​​ order​​ to ​​defend ​​our ​​rights​​ or ​​those​​ of​​ any​​ other ​​person.

Terms​ and ​​Conditions​​ for​​ the​​ Supply​​ of ​​Services

2.1. We have taken reasonable precautions to try to ensure that prices quoted on our​​ site​​are ​​correct​​ and ​​that​​ the​​ ​services​​ have ​​been ​​described ​​fairly.

2.2 All the subjects offered in our services section of our site are subject to availability, including the availability of a particular tutor, meaning we may not always be able to supply your order at a desired time.

2.3 Our services allow messaging and sharing of information between students and​​ tutor​​s.

2.4 When ordering our services or registering on our site it is your responsibility to ensure that the information you provide to us is accurate information. If any of the details previously provided to us require updating, you can update these details by contacting ​​us ​​at​​ the​​ contact ​​details ​​listed​​.

2.5 You must access and use our services only for legal, authorized, and acceptable purposes.​​You​​ will​​ not ​​use our services​​ in​​ ways​​ that:

i. violates, misappropriate, or infringe the rights of other users of our site, including ​​privacy,​​publicity,​​intellectual ​​property,​​or ​​other​​ proprietary​​ rights.

ii. are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful,

racially, or ethnically offensive, or instigate or encourage conduct that would be​​ illegal,​​or​​otherwise ​​inappropriate,​​including ​​promoting ​​violent ​​crimes.

iii. involve ​​publishing ​​falsehoods,​​misrepresentations,​​or ​​misleading ​​statements.

iv. impersonate ​​someone ​​else.

v. markets ​​tuition ​​services ​​other ​​than ​​those ​​of ​​Breakthrough Maths ​​Ltd.

vi. involve sending illegal or impermissible communications such as bulk messaging,​​auto-messaging,​​ auto-dialing,​​ and ​​the​​ like;​​ or

vii. involve any use of the Services in a manner different to that contemplated by these​​Terms,​​unless ​​otherwise ​​authorized ​​by us.

2.6 We may change, suspend, or end any of our services, or change and modify prices prospectively at our discretion. To the extent allowed under law, these changes ​​may​​be​​ made​​ effective​​ without ​​notice ​​being ​​provided ​​to ​​you.

Payment

4.1. During the checkout process when you are submitting your order you will be asked to enter and complete your payment details. This payment will be the total sum payable for the services ordered for the agreed period.

4.2. Please note that Breakthrough Maths Ltd may collect and store your payment information as part of this service. Any information collected and stored by Breakthrough Maths Ltd will only be used in accordance with the Privacy Policy.

4.3. If there is an error and your payment is not received by Breakthrough Maths Ltd but a booking has been completed and you have already received the services you ordered, you must immediately make payment for these services to Breakthrough Maths Ltd.

​​Pricing

5.1. Breakthrough Maths Ltd use all reasonable efforts to ensure that all pricing information on our site is correct and up to date. If an error occurs and any of our services are mispriced, Breakthrough Maths can refuse your order, as set out above at Section 3.9.

Breakthrough Maths Ltd is not obliged to supply services which are incorrectly priced, if ​​payment​​ has​​ not ​​been​​ received​​ from​​ you​​ and ​​has​​ not​​ been ​​processed.

5.2. All prices are displayed in Euros and are inclusive of the current rate of any applicable​​VAT,​​unless​​ expressly ​​indicated​​ otherwise.

5.3. The total cost for the supply of the services will be itemised and identified on the payment screen during the checkout process and in your acknowledgment e-mail.

5.4. The terms and conditions of our site will be subject to change from time to time. We​​suggest​​ that​​ you ​​regularly​​ check​​ the ​​terms​​ and ​​conditions​​ on ​​our​​ site.

5.5. Breakthrough Maths Ltd may vary the prices for the services, as listed on our site, at any time and without any notice to you. You will not be charged, nor will price change be applied retrospectively to services already ordered by you and for which Breakthrough Maths ​​Ltd​​ has​​ already​​ received ​​payment.

Supply​​ of​​ Services

6.1. Please note that these Terms do not affect your statutory rights as a consumer.

For more information on your statutory rights, contact your local trading standards authority​​or​​ the​​ equivalent​​ consumer advice ​​body.

6.2. If you have any questions, complaints or comments relating to the supply of Our Services, or these Terms, please contact Breakthrough Maths Ltd.

6.3. Bookings will be made available to Student Users through the ‘Platform’ section on Our Site. The use of the Services ordered, including any Problem Set and Feedback provided by a Tutor User, will be specific to the Student User on whose behalf the Adult User purchased the Services for, and such information should not be shared​​ with ​​third​​ parties.

Delays

6.4. Occasionally, access to Our Site and/or the supply of the Services you ordered may be delayed or prevented for reasons beyond Breakthrough Maths Ltd’s control, such as events in nature and other force majeure events. Where this is the case, we will make every effort to keep you informed but shall be under no liability to you for such delay ​​or ​​failure ​​where​​payment​​ has​​ not ​​been​​ taken.

6.5 Access to Our site may be interrupted, including for maintenance, repairs, upgrades,​​or​​platform​​ failures​.

Refund ​​Policy ​​

8.1. Breakthrough Maths Ltd will give you a refund where you cancel an order in accordance with the directive. All such refunds will be processed in accordance with your legal rights and Breakthrough Maths Ltd will refund you within 30 days from the date on which we receive​​ the​​ cancellation ​​of ​​your ​​order.

8.2. Where an Order is cancelled in accordance with the directive, we shall have no

liability for information provided to you that was not permanently deleted by you following​​your​​ cancellation ​​of​​ the​​ order.

8.3. Any refunds made by Us will be made to the method of payment provided when

you placed your order and will be subject to our right to withhold amounts for any breach ​​of​​these ​​terms.

Intellectual​​ Property

10.1. You agree that all intellectual property rights (including, but not limited to, database rights, copyright, trademarks and any other intellectual property rights) in all material or content (including, but not limited to, logos, graphics, photographs, animations, videos, text, data compilation, audio and/or visual clips, music, software and any combination of the foregoing) supplied or made available on our site is owned or licensed by Breakthrough Maths Ltd and is protected by applicable copyright laws and treaties throughout the world. You are only permitted to use these materials/content​​ as​​ expressly ​​authorised​​ by​​ us ​​or ​​our​​licensors.

10.2. You may use, download and print content on our site solely for your own personal use or personal non-commercial use. Other than for your own personal use or internal business purposes, you may not without Breakthrough Maths Ltd’s prior written consent:

i. copy,​​reproduce,​​use​​ or ​​otherwise ​​deal​​ with​​ any ​​content ​​on ​​our ​​site.

ii. modify,​​distribute​​or​​re-post​​ any ​​content​​ on ​​our​​site ​​for​​ any ​​purpose.

iii. reproduce, crawl, frame, link to or deep link into our site on or from any other ​​platform.

iv. or use the content of Our Site, or content provided as part of any Services ordered​​ by​​you,​​ for​​ any ​​commercial ​​exploitation​​ whatsoever.

10.3. Except as set out at Sections 10.1 and 10.2 above, you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish,

display, distribute, commercially exploit, tamper with, or create derivative works of such​​material​​ and ​​content.

10.4. The ‘Breakthrough Maths’ trade mark as well as all trademarks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear as part of Our Services, on Our Site, advertisements, whether registered or not (the “Trade Marks”), are and remain the exclusive property of Breakthrough Maths Ltd and/or its partners and/or licensors and are proprietary marks protected by applicable copyright laws and treaties throughout the world and may not be reproduced or otherwise without our express ​​permission.

Liability

11.1. Nothing in these terms shall exclude or limit Breakthrough Maths Ltd’s liability for personal injury or death caused by their negligence or for fraud or fraudulent misrepresentation. In addition, these terms shall not limit or exclude any other liability​​ that​​ is​​ not ​​permitted​​ to ​​be ​​limited​​ or ​​excluded​​ by​​ applicable​​ law.

11.2. You have certain rights as a consumer, including legal rights relating to services provided without proper care and diligence, or incorrectly described services. For further information about your legal rights in your country, contact your local trading standards department or equivalent consumer advice body. Nothing in these Terms will ​​affect​​ these ​​legal ​​rights.

11.3. The Services supplied by Breakthrough Maths Ltd to you will be supplied with proper care and diligence by sufficiently skilled and trained staff and if the service is not of satisfactory quality, you can contact Breakthrough Maths Ltd for a refund on any order made.

11.4 Breakthrough Maths Ltd is only responsible for losses that are a natural, foreseeable consequence of our breach of these terms. We will not be liable to you if we are prevented or delayed from complying with our obligations under these terms by anything you (or anyone acting on your behalf) does or fails to do or due to events which ​​are​​ beyond ​​our ​​reasonable ​​control.

11.5 In any event, Breakthrough Maths Ltd will not be liable, arising out of or in connection with​​ these ​​terms​​ for ​​any: losses related to any business of yours including (without limitation) lost data, ​​lost​​profits,​​ lost ​​revenues ​​or ​​business ​​interruption.

11.6. Breakthrough Maths Ltd will not be liable for any breach by you of the applicable laws of the country in which you are resident in connection with the services we supply or ​​have​​supplied ​​to​​ you.

11.7 The aggregate liability of Breakthrough Maths Ltd under these Terms shall not exceed five times the most recent fee that you paid for any Services We provided to you, if any.

12.​​ Exclusions ​​of ​​liability

12.1. Breakthrough Maths Ltd excludes all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. Breakthrough Maths Ltd accepts no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these​​terms ​​or​​ your​​ use​​ of​​ our​​ site.

12.2. Except to the extent required by applicable law, Breakthrough Maths Ltd shall not be liable to any person for any loss or damage which may arise from the use of or reliance​​on​​any ​​content ​​or ​​information ​​displayed ​​in ​​or ​​on​​ our ​​site.

12.3. Breakthrough Maths Ltd will not be responsible for any charge issued by your card issuer or bank, as a result of Breakthrough Maths Ltd processing your credit/debit card payment​​ in ​​accordance​​ with ​​your ​​booking.

12.4. These exclusions shall be governed by and construed in accordance with law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect​​ the​​validity ​​and ​​enforceability ​​of​​ the ​​remaining ​​provisions.

Intellectual ​​Property​​ Rights

A disclosure, submission or offer of any such information and your agreement to these terms and conditions shall constitute an assignment to Breakthrough Maths Ltd of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to Our Site, including questions, or to make contact with other users of Our Site or to any such information submitted on any Breakthrough Maths Ltd related third-party website or page, you must comply with the content standards set out in these Terms.

All rights, including copyright on Breakthrough Maths Ltd pages are owned by or licensed to Breakthrough Maths Ltd. Any use of any Breakthrough Maths Ltd social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission​​ of​​​ Breakthrough Maths ​​Ltd.​​

​​Confidentiality

Any material you upload to Our Site (that is not of a sensitive nature) will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such information submitted by you for any purpose. We also have the right to disclose your identity to any third party

who is claiming that any material posted or uploaded by you to Our Site, or any Breakthrough Maths Ltd related third-party social networking site constitutes a violation of their rights, including intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Our Site. We have the right to remove any information submitted by on Our Site if, in Our opinion, such information does not​​ comply​​ with ​​the​​ content​​standards​​ set​​ out​​ within​​ these ​​terms.

​​Contact ​​Us ​​Details

If you have any questions, complaints or comments relating to Our Site, Our Services, the supply of the Services or these Terms please contact Us on the details below:

Phone:​​​ +353 87 2020 389

Email:​​​ info@btmaths.com

 

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