Terms of Service - Top Dog Tutoring

By creating an account or subscribing to any services provided by Top Dog Tutoring (www.topdogonline.co.uk), you agree to the terms and conditions set forth below.

This Agreement is a legal document that governs the terms and conditions of your subscription to topdogtuition.com, also known as topdogonline.co.uk. Please read this Agreement carefully. By activating your account, you acknowledge your agreement with these terms and conditions; terms and conditions which may be amended from time to time. You are also agreeing to accept a non-exclusive, non-assignable right and license to use Top Dog Tutoring’s 11+ Preparation Resources. Top Dog Tutoring reserves the right to change these terms of service at any time.

Top Dog Tutoring’s 11+ Preparation Resources are offered and sold as a whole product; however, certain areas are available to visitors without cost on a trial or demonstration basis.

Registering and using Top Dog Tutoring services

As part of the registration process, each User will select a password and either set or be issued a user name (“User Name”). You agree to provide us with accurate, complete, and updated account information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your rights to use the account. You may not (a) select or use a User Name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, or (c) use a User Name that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your User Name and password, and you will be responsible for all uses of your User Name and password, whether or not authorized by you.

Individual Users may not share their access details (User Name and Password) with any third parties. Users may choose to share their account details with immediate family, with the understanding that our products are intended for consumption by one child under the supervision of the User. Users remain at all times solely and fully responsible for the proper use of their account with Top Dog Tutoring. Individual Users who intend to share their password with Users of their immediate family under 13 years of age agree to supervise the minors’ use of the Website.

Using your account

All Users are entirely liable for all activities conducted through that account, and are responsible for ensuring that any other person who uses the account is aware of, and complies with, the terms of this Agreement. Each person who uses the account agrees to be bound by the terms of this Agreement, whether or not such person is the creator of the account. You will notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and password. We will have no liability for any circumstances arising from the unauthorized use of a User Name, Member’s password or your account. Any fraudulent, abusive, or otherwise illegal activity on your account may be reported to appropriate law-enforcement agencies by us.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your User Name, password, or any credit, debit, or charge card number stored on the Service), you must promptly change your password and notify us of the problem by sending an email to support@topdogonline.co.uk.

Equipment, browsing and accessibility

Users hold sole responsibility for obtaining and maintaining the equipment and software necessary to access services provided by Top Dog Tutoring. This includes, and is not limited to, an appropriate operating system (we recommend tablets, laptops or PCs for the best viewing experience) and browsing software.

Top Dog Tutoring shall use commercially reasonable efforts to maintain the accessibility of the Website at all times, but may discontinue some or all of the Website features or services at any time, with or without notice, in order to perform hardware or software maintenance and/or upgrades or problem resolution. Additionally, to the extent that use of the Website is prevented, hindered, delayed or made impracticable by reason of force majeure (including any cause that cannot be overcome by reasonable diligence and without unreasonable expense) or due to Top Dog Tutoring’s compliance with its commercially reasonable standard operating procedures or with any laws, rules, policies, practices or regulations of any industry association or organization, or any jurisdiction or governmental authority, Top Dog Tutoring and its affiliates will be excused from such delay or performance.

Billing policies

Purchasing our 11+ Preparation Resources will be billed as a one-time purchase with the option to spread the cost over a number of months at no additional cost. The spread cost option(s) will rely on a repeating monthly payment which automatically withdraws funds from the account details provided by you on initial purchase. By choosing to spread the cost, you withhold the right to cancel any subsequent monthly payments until the agreed term has ended. These payments will automatically cease after the term agreed upon purchasing the 11+ Preparation Resources product.
Tutoring Sessions, mock tests and other courses are billed as one-time payments via the website. It is the User’s responsibility to ensure payments are up to date to ensure their ongoing service is not interrupted or cancelled.
Payment options: Users must pay in UK Pound Sterling (GBP) via credit / debit card.
Credit / debit card billing: Top Dog Tutoring will bill your designated credit / debit card (VISA, Mastercard, Maestro or JCB only) and is subject to any restrictions imposed by your credit card issuer. If payment cannot be charged to your credit / debit card or your charge is returned to Top Dog Tutoring for any reason, including charge back, Top Dog Tutoring reserves the right to either suspend or terminate the User’s access and account, effectively terminating the Agreement between the User and Top Dog Tutoring.
All payments via the website are processed by Stripe, a safe payment processing platform. Visit their website [www.stripe.com] for more information about how they operate.
Direct Bank Transfers: contact support@topdogonline.co.uk if a bank transfer is required.
The following payment collection types are not permitted: cheques, money orders by mail or cash.
Revision of fees: Top Dog Tutoring reserves the right to change the amount of, or basis for determining, any fees or charge for the 11+ Preparation Resources or Tutoring Group services. Users will be notified of changes to upcoming payments before any payment is taken. Users will be given the opportunity to opt out of the service and cease the use of Top Dog Tutoring’s services at no additional cost.
Account termination: Users may terminate their account at any time by sending a signed request via email to support@topdogonline.co.uk or via post to Top Dog Tutoring Customer Support, 30 Laleham Road, Margate, Kent, CT9 3QA.

All communication between our servers, the acquiring bank, and the issuing bank are encrypted to assure server authenticity and invulnerability to man-in-the-middle attacks.

Cancellation, refund and upgrade policies

Top Dog Tutoring takes immense pride in supplying quality services to customers at reasonable prices. A refund may be requested under the following circumstances, categorised by the services we offer:

Online Tutoring service: payment is taken in blocks of 4 weeks at a time, in advance of the service. Should you wish to cancel the service part-way through a block, you must contact support via email (support@topdogonline.co.uk) or via WhatsApp (07462157104) to initiate the partial-refund process. Users must provide a minimum period of 7 days from the time in which the request is received to officially cancel the service. In practice, this means your service will not be refunded immediately upon receipt of the request, but from up to 7 days after your refund request is submitted. For example, if you are receiving Online Tutoring sessions on Tuesdays and Wednesdays, and submit the refund request on a Monday, you will not be refunded for the Tuesday and Wednesday of that week due to those sessions being within the 7 day notice period. You may still attend these sessions. You will then be refunded for any paid sessions which take place 7 days or more after the initial request date.

11+ Preparation Resources: once payment is taken for this service, Users gain instant access to all of the resources, including downloadable resources. Top Dog Tutoring utilises the right to refuse any refund requests after 14 days of purchasing the product. Under the Consumers Rights Act 2015, Users have the right to a refund within the first 14 days of purchasing the product, minus the costs incurred during the length of the product ownership (minimum 0 to maximum 14 days). If a User is within the first 14 days of purchasing 11+ Preparation Resources, a formal refund request must be made to support@topdogonline.co.uk.

Other services: in general, our rule for additional services not listed above is that if the product or service has not yet been received or has not yet started, you may be eligible to receive a full refund. We assess these situations on a case by case basis and may only deem a refund unfit if we believe the User is attempting to defraud Top Dog Tutoring or if the User requests a refund after administration time has been spent in preparation of delivering the service or product. In these cases, Users will be eligible to claim a partial-refund appropriate to the time used by Top Dog Tutoring. Additionally, if the User does not attend a time-gated service without any attempt at reasonable prior notice, they will not be eligible for a refund. Top Dog Tutoring reserves the right to make final and fair judgements on case by case scenarios.

Upgrading from 11+ Preparation Resources to Online Tutoring: if you have purchased 11+ Preparation Resources, but wish to upgrade to Online Tutoring where this service is included, get in touch with support@topdogonline.co.uk and our team will complete the following process on your behalf. Top Dog Tutoring will calculate the amount of months you have benefitted from 11+ Preparation Resources so far (including the full price of the month you are in at the time) at the full price divided by 12 and subtract this from the one-time purchase amount made. The remainder will be issued to you as store credit to be used as partial payment for Online Tutoring groups.

Any refunds will be issued according to the original payment method only.

Use of materials, services and restrictions

Permitted use: you have our permission to print a reasonable number of copies of Top Dog Tutoring content displayed on the Website for non-commercial or personal use with your child, provided that any copies you print continue to show all notices concerning copyright, trademark and other proprietary rights that appear in the material you reproduce. Additionally, any paper resources provided to you by Top Dog Tutoring (for example Mock Tests) are yours to keep indefinitely.

Prohibited uses: all content accessed through our paid or free services (videos, worksheets and other downloadable items) are not to be shared beyond the original User (parent / guardian) and the child in which the service has been purchased for. The downloading to a server or personal computer of Top Dog Tutoring video content from the website is strictly prohibited. Top Dog Tutoring does not give permission for paper resources (for example Mock Tests) to be shared under any circumstances. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit, any of the Top Dog Tutoring services or products, in whole or in part, for commercial or personal purposes beyond the Agreement.

Online Tutoring service restrictions: Top Dog Tutoring recognises the importance of excellent behaviour at all times from pupils utilising the service. Negative behaviour can impact the learning of other pupils and therefore we have a three-step policy in order to ensure pupils’ time with us is not impeded. Additionally, we use positive praise as much as possible in order to set examples of behaviour and reward those who work hard, treat others nicely and commit themselves to making progress. Top Dog Tutoring exercises a three-step policy on assessing and reacting to poor behaviour within sessions:

Firstly, if a pupil is demonstrating negative behaviour within our supervision, they will be issued a clear verbal warning and made aware of the consequences, should they continue. Such behaviour consists of: verbal and physical abuse; persistent distractive behaviour on camera; impeding the learning of others through mockery or interruption; refusal to comply with rules and expectations of the group; and rudeness towards a tutor.

Secondly, once a verbal warning has been issued and negative behaviour continues to occur, the pupil’s parent / guardian will be contacted either immediately via the provided contact information or at the end of the session, depending on the severity of the behaviour. A pupil may be muted for the remainder of the Online Tutoring session. This will act as our second and final warning that if the behaviour continues within the learning cycle, the pupil will no longer be invited to attend Top Dog Tutoring’s Online Tutoring sessions.

Finally, if the behaviour continues after the verbal warning and formal warning with parent / carer present, the pupil will no longer be invited to attend Online Tutoring sessions for the remainder of the academic year. Pre-paid sessions may be refunded at the discretion of Top Dog Tutoring in accordance with our ‘Cancellation, refund and upgrade’ policy.

Online Tutoring sessions are hosted via the third party client Zoom [www.zoom.us]. Using the ‘Screen Share’ function within Zoom, our bespoke lesson slides, which are entirely and exclusively owned by Top Dog Tutoring, are shared to the User’s screen. Recording of the lesson material in any way (e.g. screen capture, screenshots, screen recording) is strictly prohibited. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit, any of the content shared via Zoom or any third party client in its place, in whole or in part, for commercial or personal purposes beyond the Agreement.

Additional Restrictions: You may not: (a) access the website by any means other than means supporting secure and encrypted communications; (b) copy, reverse engineer, disassemble, decompile, translate, or modify any website application or service; (c) sublicense, rent, lease, or permit any third party, to access any website application or service through the use of User’s password, except as permitted hereunder; (d) publish the results of benchmark tests of any website application or service, or use any website application in any manner which is competitive with services provided by Top Dog Tutoring, except as permitted; and (e) knowingly use or permit any others to use any facilities or services of Top Dog Tutoring or its Licensors in connection with any effort that the User knows seeks to breach the security or confidentiality of any other digital or on-line environment.

Any unauthorized use may subject you to civil liability and criminal prosecution under applicable laws.

Users should be aware that the Internet contains content, goods and services that you may find obscene, improper, hurtful or otherwise offensive and that may not be suitable for certain users of the website. Because of the nature of the Internet, we cannot control where children may go while using the website. Parents, guardians or teachers should supervise children when using the website and the internet at all times.

Physical services

The majority of services provided by Top Dog Tutoring are online. There are some occasions in which one or more of our products (for example Mock Tests and Summer Club) provides the User an option for their child to attend on a face-to-face basis at a physical location. It is our duty to provide the User with a time and location for the service to take place at least 24 hours before the service is due to begin. It is the responsibility of the User to attend the service fully and on time. Refunds may or may not be issued as explained in the ‘Cancellation, refund and upgrade policies’ section of this Terms of Service document.

Top Dog Tutoring will carry out a risk assessment of the location prior to the service taking place and ensure the event is carried out under the guidance stated in our Safeguarding policy.

Breach of Agreement process

In the event that Top Dog Tutoring determines that a User has breached any portion of these terms of service, or has otherwise demonstrated inappropriate conduct, we reserve the right to (i) warn the User via e-mail or contact number that she or he has violated this Agreement; (ii) delete any content provided by the User (or anyone accessing User’s account); (iii) discontinue the User’s account and/or any other Top Dog Tutoring service; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) take any other action that Top Dog Tutoring deems appropriate.

Copyright notice

Acceptance

By using and/or subscribing to the services provided by Top Dog Tutoring, you hereby acknowledge that you have read and understand the foregoing Agreement, as may be amended or modified from time to time according to its terms, and agree to be bound by all of the terms and conditions hereof. You further specifically permit Top Dog Tutoring to use the email entered during the registration process to deliver support, sales, and product information related to your free trial or paid subscription / service.

Questions

If you have any questions about these Terms of Service, please email us at: support@topdogonline.co.uk