Terms of service

Please read these terms carefully. Using the Site indicates that you accept the Terms regardless of whether or not you choose to browse, subscribe or access our services. If you do not accept the Terms, do not use the Site.

Last Amended: 29th April 2019

This Legal Notice is issued by Intuition Clubs Limited (company number: 10418763) whose registered office is 99 Bridge Road East, Welwyn Garden City, England, AL7 1GL and trades under the name Toota (herein referred to as ‘Toota’, ‘We’, ‘Us’, ‘Our’). These terms incorporate our Privacy Policy and Cookie Policy and applies to the entire contents of www.toota.me (the ‘Site’) including but not limited to the website, the session app, the library, the dashboard, the API and to any correspondence between us and you (the ‘Terms’). The Terms apply to all users who visit and use the Site (collectively or individually, the ‘Users’, ‘You’, ‘Your’) regardless of whether you are a Client or a Tutor or a holder of parental responsibility for a Client under the age of eighteen (18) years of age or other user

1 Introduction

1.1 By accessing any part of the Site or using any of the Services, You expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site and the Services. This forms a legally binding agreement between You and Toota in relation to Your use of the Site and/or the Services and applies to all users of the Services whether registered or not on the Site and who may also be contributors to User Generated Content posted or available on the Site. If you do not accept these Terms in full, you must leave the Site immediately

1.2 When using the Site, You will be subject to any additional posted guidelines or rules posted on the Site from time to time relating to a specific activity or feature (together the "Guidelines"). All such Guidelines are incorporated by reference into these Terms

1.3 If You violate the Terms, Toota may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You

1.4 Toota reserves the right to revise these Terms at any time without notice, effective immediately upon posting on the Site. You should check this page of the Site periodically because the Terms are binding on You. Certain provisions of these Terms may be superseded by expressly designated Terms or terms located on particular pages of the Site

2 Ownership

2.1 You acknowledge that the Site is owned and operated by Toota. Except as provided in clause 2.2, the copyright, trade mark rights and all other intellectual property rights in all material on the Site and/or Services and in the library, databases, the design, reports, text, pictures, images, graphics and the selection and arrangement of them and in all software compilations, coding, source code, software and in all documents and/or other material on the Site (the ‘Contents’) belongs to Toota absolutely or is licensed to Us. Such Content is protected by UK copyright laws and international laws

2.2 Users shall retain ownership rights in the text, messages, chat, files, images, photos, video, sounds, musical works, works of authorship or any other materials that they from time to time post or transmit to the Site (‘User Generated Content’, ‘UGC’). Any User Generated Content You post or transmit to the Site shall be considered non-confidential

By submitting the User Generated Content You hereby grant:

  • 2.2.1 Toota and its affiliates a permanent, non-exclusive, unrestricted, unconditional, unlimited, assignable, transferable, sub-licensable, irrevocable, royalty free and worldwide licence to host, archive, copy, cache, encode, store, use, display, reproduce, record, sell, sublicense, distribute, transmit, broadcast, modify, adapt, run, copy, publicly perform or display, translate, and/or create derivative works of your User Generated Content in any form, media, or technology now known or later developed
  • 2.2.2 to all other Users, a non-exclusive licence to view, download, display, reproduce or perform (if applicable) your User Generated Content solely as necessary for such User to participate in the relevant Site activity or functionality

2.3 You may only access, view and download coursework / essays / materials / reports / data ("Materials") from the Site for your own personal and non-commercial use

  • 2.3.1 You shall only use the Materials for research purposes. You shall not pass off or attempt to pass off any Materials as Your own work. To do so would constitute an infringement of copyright and moral rights and may also breach regulations set out by educational institutions. This will automatically give rights to the owner of such rights to a legal action against You
  • 2.3.2 If You believe that the content of the Site or Materials in any way infringes intellectual property rights belonging to You or any third party, please contact Toota immediately
  • 2.3.3 With respect to Materials You elect to post to any area of the Site, You grant Toota and its affiliates a permanent, non-exclusive, unrestricted, unconditional, unlimited, assignable, transferable, sub-licensable, irrevocable, royalty free and worldwide licence to host, archive, copy, cache, encode, store, use, display, reproduce, record, sell, sublicense, distribute, transmit, broadcast, modify, adapt, run, copy, publicly perform or display such Materials (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed

2.4 You acknowledge and agree that the service and any necessary software used in connection with the service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to You through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the service or the Software, in whole or in part, or otherwise exploit for any other purpose whatsoever without the prior written consent of Toota or, where applicable, Toota’s licensors. Toota and its licensors reserve all rights not expressly granted in and to their Content and Software

3 User-generated content and conduct

3.1 Any use of the User Generated Content by Users other than for private, non-commercial research or study is strictly prohibited

3.2 You are prohibited from posting or transmitting to or from the Site any material:

  • 3.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, sexually explicit, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, libellous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
  • 3.2.2 that could be harmful to minors; or
  • 3.2.3 harasses or advocates harassment of another person; or
  • 3.2.4 involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; or
  • 3.2.5 promotes information that You know is false, misleading or promotes illegal activities; or
  • 3.2.6 provides material that exploits people under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under the age of eighteen (18); or
  • 3.2.7 provides instructional information about illegal activities such as making or buying illegal weapons, or violating someone’s privacy; or
  • 3.2.8 for which You have not obtained all necessary licences and/or approvals; or
  • 3.2.9 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
  • 3.2.10 solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
  • 3.2.11 engages in commercial activities and/or sales without our prior written consent such as contents, sweepstakes, barter, advertising and pyramid schemes; or
  • 3.2.12 which is technically harmful including, but not limited to, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data (together "Inappropriate User Generated Content")

3.3 Toota shall fully co-operate with any law enforcement authorities or court order requesting or directing Toota to disclose or identify or locate anyone posting any Inappropriate User Generated Content

3.4 Toota accepts no responsibility for actively monitoring any forums or recordings contained in the Site for Inappropriate User Generated Content

3.5 You acknowledge that We may screen User Generated Content and that We shall have the right but not the obligation, in our sole discretion, to remove any User Generated Content. We may terminate any Online Lesson where We consider, in our sole discretion, that You are uploading or otherwise transmitting inappropriate content. Without limiting the foregoing, We have the right to remove any User Generated Content that violates these Terms or is otherwise, in Toota’s sole opinion, objectionable. You agree that Toota accept no liability whatsoever if Toota so chooses to edit, restrict or remove the User Generated Content

4 Submitted Material

4.1 We shall have the sole discretion to edit, refuse to post or remove any Material that is submitted and/or posted to the Site at any time

4.2 You are entirely responsible for all Material that you upload, post, email or otherwise transmit via the Services. We shall take all reasonable steps to ensure that the work submitted by You belongs to You and it satisfies Our standards. Please note that by submitting work You are declaring that You are the owner of all privileges to that work. Under no circumstances will Toota be liable in any way for any Material, including, but not limited to, any errors or omissions in any Material, or any loss or damage of any kind incurred as a result of the use of any Material posted, streamed, downloaded, emailed or otherwise transmitted via the Services

4.3 You shall be solely responsible for the content of any Material that You supply and You will ensure that the Material does not contain any inaccurate, misleading and/or offensive information. You guarantee to Us that any Material supplied by You to Us does not infringe any copyright or other personal or proprietary right of any other person or entity or any personal moral rights; and is not immoral, unlawful, threatening, abusive, defamatory, obscene, vulgar, profane and/or does not cause offence

5 Prohibited use of the Site

5.1 No part of the Site may be reproduced or stored in any other Site or included in any public or private electronic retrieval system or service without Toota’s prior written consent

5.2 You agree that You will not:

  • 5.2.1 use the Site for any purpose that is unlawful, including, but not limited to, by hacking or prohibited by these Terms;
  • 5.2.2 use the Site in such a manner as would, in the sole discretion of Toota, cause harm to the Site or other Users or otherwise interfere with the enjoyment of the Site;
  • 5.2.3 harass, abuse, bully, threaten or defraud another User;
  • 5.2.4 use any robot, spider, scraper or other automated means to access the Site for any purpose;
  • 5.2.5 attempt to gain authorised access to the Site through hacking, password mining or any other means; or
  • 5.2.6 interfere or attempt to interfere with the proper working of the Site.

6 Links to and from other websites

6.1 Links to third party websites on the Site are provided solely for Your convenience. If You use these links, You leave the Site. Toota has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Toota therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to the Site, You do so entirely at your own risk

6.2 If You would like to link to the Site, You may only do so on the basis that You link to, but do not replicate, any page of the Site, and subject to the following conditions:

  • 6.2.1 You do not remove, distort or otherwise alter the size or appearance of Toota logo;
  • 6.2.2 You do not in any way imply that Toota is endorsing any products or services other than its own;
  • 6.2.3 You do not misrepresent your relationship with Toota nor present any other false information about Toota;
  • 6.2.4 You do not otherwise use Toota trade mark or logo displayed on the Site without express written permission from Toota;
  • 6.2.5 You do not link from a website that You do not have the necessary authority or permission to link from; and
  • 6.2.6 the website You are linking from does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of Toota or any other person or otherwise does not comply with all applicable laws and regulations

6.3 You shall fully indemnify Toota for any loss or damage suffered by Toota for breach of clauses in Section 6

7 Registration and services

7.1 Some sections of the Site may require registration and We request that You complete the information accurately and as completely as possible

7.2 Responsibility for the accuracy of Your registration information and security of Your password(s) rests entirely with You

7.3 Users under eighteen (18) years of age, require a person with parental responsibility (for example, a Parent / Guardian / Carer) to contract on the Student’s behalf with Toota for the provision of Services (the ‘Sponsor’). Sponsors shall be responsible for managing the provision of all elements of Services on behalf of Students, including but not limited to, being responsible for payment, requesting refunds, purchasing Credits to be added to a Toota Wallet, receiving email communications from Toota, and registering the Student (‘Sponsor Responsibilities’). The Sponsor can be the same person as the Student if they are over eighteen (18) years old

7.4 There is a two-step approach to signing up to the Site. Users under eighteen (18) years of age, require a Sponsor to register with Toota by providing Us with Your name, and email address. Sponsors must then create a Student account by providing Us with the Student’s name and email address. If You are a Student who is over eighteen (18) years of age and You do not have a Sponsor, You will be required to register twice as both Sponsor and Student, and must manage the Sponsor Responsibilities on behalf of yourself as the Student

7.5 You will be asked to choose a password to access Your account on the Site and to benefit from the Services in accordance with these Terms. You will keep Your password relevant to the Site and the Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your username and password which shall represent Your Toota login. We do not have the means to check the identities of all people using the Site and will not be liable where Your username and/or password are used by someone else. You agree to notify Toota immediately by email to help@toota.me of any unauthorised use of Your account of which You become aware. You will not create additional Accounts for the purpose of abusing the functionality of the Site or other registered Clients or for any other reason in breach of this Agreement

7.6 Completing Registration will give You access to protected areas of the Site

7.7 Services can be purchased on a pay-as-you-go basis or by purchasing Toota pre-paid lesson credits (‘Credits’), which are held in the Sponsor’s Toota online electronic wallet (‘Wallet’) and can be redeemed against the purchase of Services on the Site. Providing that You have sufficient Credits in Your Wallet, the associated Credit shall be deducted from Your Wallet automatically upon provision of a lesson and the balance of Credits in Your Wallet shall be reduced accordingly. When Services are paid for by using Credits from Your Wallet, Sponsor will receive notification of this by email (‘Credit Redemption Notice’). Each Credit is valid for a maximum of twelve (12) months from the date of issue unless otherwise stated. A Credit will be deemed to be invalid if it is out of date. All Credits should be booked and used before the expiry date

7.8 Credits shall have no cash equivalent and shall not be refundable or capable of being withdrawn other then by means of a redemption in respect to Toota Services

7.9 Sponsors are responsible for payment and agree to pay all fees and charges that are incur subject to the payment terms that will be disclosed to You at the time You make your purchase of services. Sponsors are responsible for any charges imposed by a credit card issuing bank for exceeding account limits or overdrawing against an account

7.10 Payment will be via any means made available via the Site from time to time

7.11 When You make a purchase from Us, You must provide Us with a payment method. You must be authorised to use the payment method. You authorise Us to charge You for the service using Your payment method

7.12 All prices relating to Service are reviewable by Toota and shall become effective immediately upon posting on the Site and will be applicable to all lessons and Credits made after such posting

7.13 Charges and/or Credits are not refundable if you request to cancel or terminate your registration early

7.14 We will give refunds where they are genuinely deserved, for example, if Our Site has not delivered what it should have done. We are not however able to give refunds in circumstances that are completely down to user error or lack of attention, for example, failing to cancel Your subscription before Your renewal date, having two accounts and only cancelling one, creating additional accounts and subscriptions without cancelling existing ones

We are unable to refund payment unless:

  • We are unable to fulfil your subscription
  • there are exceptional circumstances, which We will assess on a case by case basis. If We then decide that exceptional circumstances apply, We may, at our reasonable discretion, give you a proportionate refund;

We do however commit to being completely fair and reasonable in deciding whether to give refunds or not. If You wish to apply for a refund, then please contact Us

If You have a query about obtaining a refund, please contact our customer services team at help@toota.me

7.15 Toota reserves the right to suspend or terminate Your ability to purchase Services at any time and for any reason without liability to Toota. Where terminated, Your login and account shall be deactivated. Toota reserves the right to terminate after a twelve (12) month long continuous period of inactivity which means that You will no longer be permitted to use the Services to purchase Services via the Site. You will not be permitted to re-access the Site and the Services without Toota’s express written permission and any terms intended to survive termination shall continue. The Sponsor is liable for charges incurred by You until termination of service

8 Toota obligations

8.1 Toota agrees to:

  • provide the Services with all due care, skill and ability and in a timely manner and in the best interests of You;
  • devote as much time to the provision of the Services as may be necessary for their proper performance;
  • provide promptly and give to You all such information as You may reasonably require in connection with the provision of the Services

8.2 As an online service, Toota may periodically be unavailable as We perform regular (and emergency) maintenance and upgrades. Where reasonably possible, these activities shall be notified to You in advance. Toota makes no warranty, guarantee or representation as to, and accepts no liability for, the availability or suitability of the Site and/or the Services

8.3 You are solely responsible for validating the interoperability, suitability and proper functioning of electronic equipment / devices You use to access the Services and for undergoing troubleshooting where necessary. See the FAQs provided on the Site relating to ‘Technical’ questions about the Lesson which offer access to a technical guidance which may assist You. This includes information relating to the minimum system requirements

8.4 In exceptional cases, there may be other reasons relating to incompatibility or otherwise as to why You may be unable to successfully validate and access the Service. Toota uses all reasonable endeavours to make the Services available to all and where this is not possible for any reason whatsoever, Toota shall not be responsible nor liable to You as a result including for any act or omission on Your part relating to Your inability to access the Services in whole or in part including but not limited to:

  • resultant feedback (echos), audio break-ups, video or sound delays;
  • Your failure to use and configure the prescribed headset and microphone;
  • Your failure to at least meet the minimum system requirements

8.5 You acknowledge and accept that from time to time, You may experience entire or partial failure of Your video during an Online Lesson due to fluctuations or insufficient bandwidth and under such circumstances, You agree that the Online Lesson shall continue without video and confirm that this is acceptable to You in all circumstances. For the avoidance of doubt, You will not receive a full or partial refund for bandwidth-related interferences

8.6 We reserve the right at any time and from time to time to modify or discontinue, You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service

9 Ratings and feedback

9.1 It is a feature of the Site and the Services that the Student will leave Ratings

9.2 You can report or raise any issues or concerns that they might have with the other lesson participant at any time. Whether such feedback is complimentary or more akin to a Dispute, Toota will have full discretion as to whether they inform the other of such feedback. Where deemed necessary, Toota is entitled to carry out an investigation upon receipt of such feedback or comments and in exceptional cases, Toota is entitled to suspend the Services until an investigation is carried out and may in exceptional cases be entitled to terminate Your Agreement forthwith under clause 10

10 Termination

10.1 Toota reserves the right to terminate this Agreement with You immediately without compensation or Written Notice if You commit a breach of any of these Terms, or if:

  • any information provided by You is found to be untrue, inaccurate, out-of-date, or incomplete; or
  • You act in any way that has brought, or could bring, Toota in to disrepute

10.2 In the event of any such termination, Toota shall not be liable for any losses incurred by You after the date of termination

11 Warranties and indemnities

11.1 You hereby warrant, represent and undertake to Toota that:

  • Student is at least eighteen (18) years of age and if not, both Student and Sponsor will each register separately on the Site;
  • You are personally responsible for the information posted by You on the Site and submitted throughout Registration which You shall ensure is accurate, true, up-to-date and complete at all times during;
  • You are wholly responsible for the appropriateness and the content of any User Generated Content used and/ or submitted by You during Your Contract. No User Generated Content will be offensive or defamatory;
  • You will comply with all obligations as set out in these Terms;
  • Whilst this contract is in force You will only ever contact a Tutor via the Site;
  • You agree at all times to comply with the provisions of the Data Protection Legislation;
  • You agree to comply with all applicable laws, regulations and codes of practice which regulate the activities of the online environment;
  • You will protect your unique password in accordance with clause 7.5

11.2 You shall indemnify and hold harmless Toota (and any Tutor as the case may be) on demand, and shall keep Toota (and any Tutor) fully and effectively indemnified against any and all Losses arising out of or in connection with:

  • the Services;
  • any breach of these Terms or breach of obligation or warranty by You or the acts or omissions of You (other than and to the extent that any losses arise directly from breach of these Terms by Toota or by Toota’s negligence); and,
  • any and all claims, complaints or legal proceedings instigated by a Tutor against You

12 Limitation of liability

12.1 We shall have no liability in respect of any acts and/or omissions, negligence, by PayPal including but not limited to liability for the security of information that is passed by You to PayPal

12.2 We shall use Our reasonable endeavours to ensure the security of the Site. We shall have no liability where the security of the Site is breached due to acts and/or omissions by You and/or where We have taken all reasonable steps to protect the security and integrity of the Site

12.3 We shall use Our reasonable endeavours to monitor the material on the Site and to ensure that any material that is immoral, unlawful, threatening, abusive, defamatory, obscene, vulgar, profane and/or causes offence is removed from the Site upon receipt of notice of any such material

12.4 Any postings on the Site contain the questions, views, opinions and/or advice of You and are not Ours

12.5 You agree that subject to clause 12.6, We shall in no circumstances be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damages (whether direct or indirect or punitive); loss of profits, anticipated profits, business, opportunity, revenue, and/or damage to goodwill or reputation arising from Your use of the Site or the Services; use or inability to use the Service; loss of and/or corruption of data or other intangible loss; transmission of virus and/or any other harmful code; missed deadlines and/or failed exams; damages, loss of data due to the network provider failure; unauthorised access to or alteration of Your coursework or any other data; damage to Your computer, loss of data resulting to the download of any Material (including the User Generated Content) from the Site or browsing the Site (including the User Generated Content), be it from the result of software viruses, mail bombs, Trojan horses or any other computer code, files or programs designed to interrupt, damage, corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or the conduct of any third party. Our total liability to You whether in contract, tort or otherwise shall in no circumstances exceed one hundred (100) percent of the charges that You have paid to Us in respect of a particular session which is the subject of such claim or alleged claim

12.6 Nothing in these Terms shall exclude or limit Toota’s liability for death or personal injury due to Our negligence (as such term is defined by the Unfair Contract Terms Act 1977) or any liability which is due to fraud or any other liability which We are not permitted to exclude or limit as a matter of law

12.7 Nothing in these Terms shall exclude any of Your statutory rights as a consumer

12.8 YOU FURTHERMORE ACKNOWLEDGE THAT THE MATERIALS (INCLUDING THE USER GENERATED CONTENT) AND USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. THE MATERIALS AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCORDINGLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY DESCRIPTION AND QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF THE MATERIALS OR SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS

12.9 If use of Materials on the Site (including the User Generated Content) results in the need for servicing, repair or correction of equipment, software or data, You assume all costs thereof

12.10 12.10 Toota makes no warranties that the Services will be uninterrupted, secure, or error-free; the results that may be obtained from the use of the Services will be accurate or reliable; or any errors in the software will be corrected

12.11 Toota does not warrant the accuracy and completeness of the Material on the Site (including the User Generated Content). Toota may make changes to the Material on the Site (including User Generated Content), or to the products and prices described in it, at any time without notice. The Material on the Site may be out of date, and Toota makes no commitment to update or remove such Material

12.12 For clarification, the Services are primarily (but not exclusively) designed to be used within the territory of the United Kingdom and except as expressly set out in this Agreement, Toota gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law

12.13 YOU AGREE TO INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, COSTS, CLAIMS OR DAMAGES OF WHATSOEVER NATURE, FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF COURSEWORK YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER

13 Disputes

13.1 All Disputes reported to Toota via the Site will be investigated at Toota’s option. The parties agree that they shall attempt in good faith to resolve any Dispute promptly through negotiations between You and an officer of Toota. Toota will use all reasonable endeavours to provide a written response via email to any issue raised by You via the Site within thirty (30) days. Toota reserves the right to inform a person respectively of any Dispute raised against them and to provide them with a copy of any response provided by Toota

13.2 You must inform Toota immediately and in any event, within twenty-four (24) hours, of any Dispute You may have in connection with the provision of the Service

13.3 You agree to cooperate fully with Toota in resolving any Dispute

13.4 Toota reserves the right to suspend Your Account with immediate effect while an investigation is conducted. Your Account may be reactivated once an investigation has been completed

13.5. The consequence of any investigation instigated by You is entirely at Toota’s discretion

14 General

14.1 You shall not, without the prior written consent of Toota, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms. Toota may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms

14.2 If any one or more of the provisions of these Terms should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired and the parties shall amend these Terms to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable

14.3 These Terms together with our the Privacy Policy, the Cookie Policy and the Terms of Service constitutes the entire agreement between You and Toota in relation to Your use of the Site and the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. Each of the parties acknowledge and agree that in entering into the terms of this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty 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

14.4 Nothing in 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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15 Third parties

15.1 The in-lesson video and lesson services and post lesson recordings are a service provided by Bramble Technologies Limited (company number: 09393802) whose registered office is 7 Priory Road, Richmond Surrey TW9 3DQ (“Bramble”) and online at http://www.bramble.io

15.2 By using this Site and Services You consent to agree to these Terms as well as those of Bramble, which are available to view at: https://about.bramble.io/help-center/legal/terms-and-conditions

15.3 You also consent to Toota sharing your personal details with Bramble and Bramble holding copies of your personal details and being the custodians of your lesson recordings

16 Law and jurisdiction

16.1 These Terms shall be governed by and construed in accordance with English Law and any disputes arising in relation to the Terms, the Site or the Services are subject to the exclusive jurisdiction of the English Courts