IMPORTANT LEGAL NOTICE

This document, in conjunction with our Privacy Policy, outlines the terms and conditions ("Website Terms") governing the provision of access to our website, www.lurnlearning.com(https://www.lurnlearning.com), through which tutoring sessions can be booked (collectively referred to as "the Website"), by Lurn ("we," "our," or "Lurn"). Prior to placing a booking for any tutoring sessions through the Website, we urge you to carefully review these Website Terms. By placing a booking for a tutoring session through the Website, you consent to be bound by these Website Terms, whether now or in the future. Additionally, the use of the Website is subject to these Website Terms. We reserve the right to modify these Website Terms by updating this page periodically. We suggest that you print a hard copy of these Website Terms for future reference. These Terms of Service are provided in both the English language and the Dutch Language. By accessing any section of the Website, you confirm your acceptance of these Website Terms. If you do not agree to these Website Terms, you must exit the Website immediately, and you will be unable to book any tutoring sessions through the Website.

1. INTRODUCTION AND OUR ROLE

1.1. Company details. Lurn is a freelance company in Zeeland, The Netherlands.

1.2. Tutoring session bookings. We provide a way for you to communicate your booking ("Booking" or "Bookings") for tutoring sessions ("Session" or "Sessions") given by Freelance employees at Lurn, further referred to as ("tutor" or "tutors"). The legal contract for the supply and purchase of tutoring sessions is between you and the Tutor that you place your booking with.

1.3. Price setting. Lurn will set prices to stay within a competitive range.

1.4. Quality regulation. Lurn will use the feedback from clients to further improve the quality of the tutoring sessions. A tutoring session schedule is shown on the website to inform about the general working methods & lessons structure.

1.5. Communication Facilitation. Lurn serves as the primary point of contact for effective communication between you and our tutors. Our platform includes messaging features and notifications to ensure a seamless exchange of information, enabling you to coordinate and discuss tutoring details directly with our team. We are dedicated to providing personalized and efficient assistance throughout your learning journey.

1.6. Booking Management. Lurn handles the logistical aspects of booking tutoring sessions. This includes processing payments securely, providing booking confirmations, and managing cancellations in accordance with our refund policy. Our goal is to streamline the booking process, ensuring a smooth and convenient experience for both parties.

1.7. Feedback Utilization. Your feedback is integral to our continuous improvement. We analyse feedback received from clients to identify areas of excellence and opportunities for enhancement. This iterative process helps us maintain a high standard of service and fosters a collaborative learning environment.

1.8. Resource Accessibility. Our role extends to providing you access to a variety of resources that complement your learning journey. From session materials shared by tutors to additional learning materials, we aim to enrich your educational experience beyond individual tutoring sessions.

1.9. Technology Maintenance. Lurn is committed to the continuous functionality and security of our platform. We regularly update and maintain our technological infrastructure to provide you with a reliable and secure environment for your educational pursuits.

2. WEBSITE ACCESS AND TERMS

2.1. Access to the Website. All areas of the website can be accessed without placing a booking or registering with us.

2.2. Acceptance of the Website Terms. By accessing any part of the Website, you acknowledge your acceptance of these Website Terms. If you do not accept these Website Terms, you must exit the Website immediately, and you will not be able to book any tutoring session through the Website.

2.3. Amendment of the Website Terms. We hold the right to amend these Website Terms at any time. It is your responsibility to review the current Website Terms by checking the Website regularly, as they are binding upon you. The policies and terms and conditions in effect at the time of placing a booking through us will apply to you.

2.4. Responsibility. You are responsible for making all necessary arrangements for Website access. Additionally, you are responsible for ensuring that all individuals who access the Website via your Internet connection are aware of these Website Terms and comply with them.

2.5. Information Provided. You confirm that all information provided to us by you is true, accurate, and complete in all respects and at all times.

3. YOUR STATUS

3.1. Capacity and age. By making a booking through the Website, you warrant that:

3.1.1. You are legally capable of entering into binding contracts; and

3.1.2. You are at least 16 years old.

4. HOW TO MAKE A BOOKING AND HOW IT IS PROCESSED

4.1. Compiling your booking. Once you have selected the right tutoring sessions you wish to book and provided the other required information, you will be given the opportunity to submit your booking by clicking or selecting the "proceed", "place my booking" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the tutors and errors cannot be corrected (subject to paragraph 4.2. below).

4.2. Amending or cancelling your booking. Once you have submitted your booking you may cancel your booking, given that it is cancelled at least 2 hours before the tutoring session. You will be entitled for a refund if the booking has been cancelled 2 hours before the scheduled tutoring session. If you wish to change or cancel your booking, you may contact the tutor. Or you may contact Lurn directly as described in paragraph 6.2.

4.3. Payment authorization. Where any payment you make is not authorised after receiving the invoice Lurn will reach out after 5 days to inquire about the situation regarding the payment. It is important to note that if your payment is not authorised, you may need to take specific steps to rectify the issue, such as checking with your bank or card issuer.

Processing your booking and refunds. Booking details will be sent via e-mail. Please note that any confirmation page that you may see on the Website and any Booking confirmation e-mail that you may receive each confirm that you have a contract for the sale of a tutoring session with the Tutor. However, Tutors have the ability to reject bookings at any time before the tutoring session because of sickness, weather conditions or for any other reason. In doing so, the tutor will be in breach of their agreement with you and any payment made in respect of the booking will be returned to you in accordance with paragraph 5.3 below.

5. PRICE AND PAYMENT

5.1. Value Added Tax and Additional Charges. Prices quoted on the Website will be charged as advertised. These prices include Value Added Tax (VAT) and any administration or service fees where applicable, which will be added to the total due.

5.2. Payment Methods. Payments for bookings must be made using an accepted credit or debit card directly to the Tutor. In The Netherlands Tikkie's use is highly recommended by Lurn. Payments must be made monthly. The tutoring sessions will be billed once per month. The payment must be made within 5 working days after receiving the invoice.

5.3. Rejected Booking. Rejected bookings will not be taken into account on the invoice. If your booking is subsequently rejected by the tutor (as described in paragraph 4.4 above) or cancelled for any other reason it will not be incorporated on the monthly invoice.

6. CUSTOMER CARE

6.1. Importance of Customer Care. We value customer satisfaction greatly. We are always available to assist you in case you encounter any issues with your booking. You can contact our team by clicking or selecting the "Need help?", "Help" or similar button on the Website. Alternatively, you can always reach out to lurntutor+customerservice@gmail.com.

6.2. Changing or Cancelling bookings. If you wish to change or cancel your booking after it has been submitted, you may contact Lurn or the tutor using the contact details provided on the Website.

6.3. Feedback or Complaints. If you are dissatisfied with the quality of any tutoring session or the service provided by a Tutor, please leave feedback in the form of emails and/or reviews on the Website to reflect your experience. The Reviews are an essential part of our quality control process. You are responsible for ensuring that all Reviews you provide are accurate and based on your own genuine experience.

6.4. Compensation and Refund Process. When the tutoring session is cancelled by the buying party a minimum of 2 hours before the scheduled tutoring session, there won’t be any costs involved. However, if the session is cancelled less than 2 hours before the scheduled session Lurn will imply a cost of 50% of the booked session price to compensate for potential lost time. To initiate a refund based on unsatisfaction of a tutoring session, please notify us within 24 hours after the tutoring session. Lurn will review the case and get in touch with you about a possible refund. Please follow the steps outlined in paragraph 6.5, our refund policy, available on our Website, for a smooth refund process. Please note that we may require reasonable evidence, such as photographs, demonstrating a reported issue with your booking before processing a refund.

6.5. Processing Refund Requests. Please note that where we are processing refund requests, we may require reasonable evidence (such as photographs) demonstrating a reported issue with your booking. Additionally, prior to processing any refund request, we may take other relevant factors into account, such as the details of your booking, booking history, and transaction data.

6.6. Statutory Rights. The above clauses in this CUSTOMER CARE section do not affect your legal and statutory rights when booking tutoring sessions via our Website.

7. LICENCE

7.1. Terms of Permitted Use. The Website may be utilized by individuals for their own personal non-commercial use. This includes the ability to print and download information from the Website, subject to the following conditions:

7.1.1. The Website must not be misused, including by means of hacking or "scraping".

7.1.2. The copyright for the Website and any materials published on it, including photographs and graphical images, both human or AI generated, is either owned by us or our licensors. Any use of extracts from the Website that does not comply with paragraph 7.1 is prohibited according to these Website Terms.

7.1.3. Modifying the digital or paper copies of any materials that are printed in accordance with paragraph 7.1 is prohibited. Any pictures, photographs, graphics, video, or audio sequences must not be used separately from the accompanying text.

7.1.4. Acknowledgment of our authorship of the material on the Website must always be ensured.

7.1.5. Commercial use of the materials on the Website or the Website itself is not permitted without our prior written consent.

7.1.6. Commercial use of the materials on the Website or the Website itself is not permitted without our prior written consent. For inquiries regarding commercial use, please contact us at lurntutor+customerservice@gmail.com.

7.2. Limitation on Use. The Website cannot be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, except as permitted in paragraph 7.1, and only with our prior written consent.

7.3. Reservation of Rights. Any rights not explicitly granted in these Website Terms are reserved.

7.4. Study Materials.

7.4.1. Source of Study Materials: Lurn is committed to providing a rich and varied learning experience. The study materials offered during tutoring sessions may be created by Lurn or sourced from reliable third parties. Our dedication to quality extends to the materials used, ensuring that they meet high educational standards. Whether developed in-house or obtained from trusted external sources, these study materials are selected to enhance the effectiveness of tutoring sessions and contribute to your overall learning journey.

8. WEBSITE ACCESS

8.1. Availability of Website. We make every effort to ensure that the Website is available for use 24 hours a day. However, we do not guarantee its availability and will not be held responsible if the Website is unavailable at any time or for any duration.

8.2. Suspension of Access. We reserve the right to temporarily suspend access to the Website without notice.

8.3. Security of Information. The transmission of information over the Internet is not completely secure. Although we take all necessary steps to protect your information in accordance with applicable laws, we cannot guarantee the security of any data transmitted to the Website. Therefore, any transmission is at your own risk.

8.4. Mobile Responsiveness. Our Website is designed to be accessible on a variety of devices, including mobile phones and tablets. While we strive to provide a seamless experience across different devices, please note that there may be differences in user experience or functionality when accessing the Website on mobile devices. We recommend using a Mobile or Desktop for the optimal experience, especially when making bookings or accessing detailed information.

9. VISITOR MATERIAL AND REVIEWS

9.1. General.

9.1.1. Non-Confidential Visitor Material. Any material that you post, upload, or transmit to the Website, except for personally identifiable information, will be considered non-confidential and non-proprietary (including Reviews). By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or have the necessary rights to such Visitor Material. You agree that we have no obligations with respect to any Visitor Material, and we and anyone we designate will be free to copy, disclose, distribute, incorporate, and otherwise use any Visitor Material, including all data, images, sounds, text, and other things embodied in it, for any and all commercial or non-commercial purposes.

9.1.2. Compliance with Restrictions. You represent and warrant that any Visitor Material you post, upload, or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.

9.2. Visitor Material Policy. You are prohibited from posting, uploading, or transmitting to or from the Website any Visitor Material (including any Reviews) that:

9.2.1. breaches any applicable local, national or international law;

9.2.2. is unlawful or fraudulent;

9.2.3. amounts to unauthorized advertising; or

9.2.4. contains viruses or any other harmful programs.

9.3. Visitor Reviews Policy. In particular (but without limitation), any Reviews that you submit through the Website must not:

9.3.1. contain any defamatory, obscene, or offensive material;

9.3.2. promote violence or discrimination;

9.3.3. infringe the intellectual property rights of another person;

9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);

9.3.5. promote illegal activity or invade another's privacy;

9.3.6. give the impression that they originate from us; or

9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.

9.4. Removal of Reviews. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded, or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

9.5. Use of Reviews. The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have Booked through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions, or falsehoods that you may encounter in any such materials.

9.6. Image Disclaimer. The images displayed on the Website are solely intended for website design purposes and may not necessarily depict the actual tutoring session prepared by the Tutor. These images are for illustrative purposes only and should not be solely relied upon to make decisions about tutoring session bookings. For a more accurate representation, please refer to the detailed session descriptions provided on the Website or contact our team for additional information.

9.7. Liability. You agree to indemnify us against any losses, damages, and claims (and all related costs) incurred by or made against us by any third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.

9.8. Cooperation with authorities and courts. You acknowledge and agree that we may fully cooperate with any competent authority that requests or directs us to disclose the identity or location of anyone who posts Reviews or other Visitor Material in violation of paragraph 9.2 or 9.3 or any other relevant restrictions. You also release us from any liability to the fullest extent permitted by law in connection with such disclosure.

10. LINKS TO AND FROM OTHER WEBSITES

10.1. Links to Third Party Websites. The Website may contain links to third-party websites that are provided solely for your convenience. By using these links, you will leave the Website. Please note that we have not reviewed and do not control any of these third-party websites, and we are not responsible for their content or availability. We do not endorse or make any representation regarding these websites, their content, or the results obtained by using them. If you decide to access any of the third-party websites linked to the Website, you do so at your own risk.

10.2. Linking Permission. You may link to the homepage of the Website (www.lurnlearning.com) provided that you comply with the following conditions:

10.2.1. You do so in a manner that is fair and legal and does not exploit or damage our reputation.

10.2.2. You do not create a link from a website that is not under your control or in a manner that implies an association or endorsement by us where none exists.

10.2.3. Any website from which you link must conform to the content standards set out in these Website Terms, specifically, Paragraph 9 (Visitor Materials and Reviews).

10.2.4. We reserve the right to revoke linking permission at any time and for any reason.

11. DISCLAIMERS

11.1. Accuracy of Website information. We make an effort to ensure the information presented on the Website is accurate, but we cannot guarantee its completeness or accuracy. We reserve the right to make changes to the material, tutoring sessions, prices, and functionality described on the Website at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.

12. LIABILITY

12.1. General. Our liability under these Website Terms is not limited in cases of death or personal injury resulting from our negligence, fraudulent misrepresentation, or other liability that cannot be excluded or limited under applicable law. Your statutory rights are not affected by these Website Terms.

12.2. Exclusion of liability. Subject to clause 12.1, we shall not be liable to you for any foreseeable or unforeseeable losses or damages, including without limitation any loss of profits, sales, business, revenue, data, information, software, business opportunity, or goodwill, or any indirect or consequential loss, arising from or in connection with the use, inability to use, or the results of use of the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.

12.3. Limitation of liability. Our total liability to you in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed twice the value of your booking or €100, whichever is lower, subject to clauses 11, 12.1, and 12.2.

12.4. Additional costs. You are solely responsible for any additional or associated costs incurred as a result of using the Website, including but not limited to the costs of servicing, repair, or adaptation of any equipment, software, or data that you own, lease, license, or otherwise use.

13. TERMINATION

13.1. Termination grounds. We reserve the right to terminate or suspend your access to the Website, at our sole discretion, by providing you with written notice (including via email) if we believe that:

13.1.1. You have violated paragraph 7.1 (License) by using the Website in breach of its terms;

13.1.2. You have posted Reviews or Visitor Material that violate paragraphs 9.2 or 9.3 (Visitor Material and Reviews);

13.1.3. You have breached paragraph 10.2 (Links to and from other websites);

13.1.4. You have breached any other material terms of these Website Terms;

13.1.5. There is unauthorized, fraudulent, suspicious or other forms of misuse taking place on your account; or

13.1.6. You have repeatedly or significantly violated paragraph 2.5 (Information).

13.2. Obligations after termination. Upon termination or suspension, you are required to immediately delete any printed or downloaded extracts from the Website.

14. WRITTEN COMMUNICATIONS

14.1. Legal requirements mandate that certain information or communications we send to you must be in writing. By using the Website or booking tutoring sessions through it, you agree that most communication with us will be conducted electronically. We will get in touch with you through email, WhatsApp or by posting notices on the Website. You consent to this electronic mode of communication for contractual purposes and acknowledge that any contracts, notices, information, or other communications we provide to you electronically satisfy any legal requirement for such communication to be in writing. This provision does not impact your statutory rights.

15. EVENTS OUTSIDE OUR CONTROL

15.1. Events beyond our reasonable control (a "Force Majeure Event") that cause a failure to perform, or delay in performance of, any of our obligations under these Website Terms will not make us liable or responsible.

15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control, such as:

15.2.1. Strikes, lock-outs or other industrial action;

15.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;

15.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

15.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

15.2.5. Impossibility of the use of public or private telecommunications networks; and

15.2.6. Acts, decrees, legislation, regulations, or restrictions of any government.

15.3. During a Force Majeure Event, our performance under these Website Terms is suspended, and we will have an extension of time for performance. We will make reasonable efforts to find a solution or bring the Force Majeure Event to a close, allowing us to perform our obligations under these Website Terms.

16. ADDITIONAL TERMS

16.1. Privacy Policy. Our commitment to protecting your privacy and security is paramount. All personal data we collect from you will be processed in accordance with our Privacy Policy. It is recommended that you review our Privacy Policy for information regarding how and why we use cookies to enhance your experience on the Website.

16.2. Severability. In the event that any of these Website Terms are determined to be invalid, unlawful or unenforceable to any extent by any competent authority, such a term, condition or provision will be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16.3. Entire Agreement. These Website Terms, along with any expressly referred-to documents, constitute the entire agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

16.4. No Waiver. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

16.5. Assignment. You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We reserve the right to transfer any of our rights or obligations under these Website Terms to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to, without your prior written consent.

16.6. Headings. The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

17. GOVERNING LAW AND JURISDICTION

17.1. The interpretation and enforcement of these Website Terms will be governed by Dutch law. Any legal action taken in relation to these Website Terms should be brought before the Dutch courts.

17.2. If you are a consumer, you are entitled to the protections of any mandatory provisions of the law in your country of residence. The preceding paragraph and these Website Terms as a whole do not diminish your rights as a consumer to rely on such mandatory provisions of local law.