IMPORTANT: We do not vet any of the mentors listed in Eequ. Eequ is an open platform, and you must carry out your own checks to see if the mentor and the experience they offer is suitable for your child. Please review our Health & Safety and Safeguarding articles before you make any bookings through Eequ.
A. Status of These Terms
- You agree that you are a private individual at least 18 years old and are present in the United Kingdom at the time you use the Platform. Use of the Platform by anyone under the age of 18, or outside the UK, is prohibited.
- You can access these terms at any time at www.eequ.org. We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so because we change the nature of our services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using the Platform.
- Your attention is in particular drawn to the following:
i) under section 3.c and section 13 below, under which we limit our liability to you.
ii) the provisions regarding your child’s Learning Portfolio, under section 9.
- The mentor experiences listed on the Platform are promoted and provided by the relevant Mentor you book products and services with. Not by us. Our role and responsibilities are limited to listing details of mentors, and arranging bookings on behalf of the mentor. Eequ cannot be responsible for any action or omission of mentors listed on the platform, nor for the quality of experience they provide.
- If you have any questions about these terms or the Platform, you may contact us by email at email@example.com.
The definitions below apply to these terms:
- “Booking” means a contract for the provision of a Learning Experience entered into between you and the Mentor by means of the Platform;
- “Learning Experience” means a learning or mentoring experience provided by a Mentor;
- "Mentor" means a provider of learning or mentoring experiences, independent of Eequ, which promotes its experiences via the Platform;
- “Mentor Charges” means the Mentor’s charges specified for a Learning Experience in the Mentor Listing, which will be charged to you in full when you make a Booking;
- “Mentor Listing” means a listing in the Platform, provided by the Mentor, setting out a description of the Mentor, the price for a Learning Experience, and any Mentor Terms and Conditions (including the Mentor’s cancellation policy).
- "Mentor Terms and Conditions" means any Mentor terms and conditions and/or terms of business highlighted in the Mentor Listing, including the Mentor’s cancellation policy;
- "you" and "your" means you, any person who browses or uses the Platform.
- “your child” means the child for whom the Learning Experience is booked.
C. Eequ is not a provider of learning or mentoring experiences.
- The Platform aims to connect you with Mentors. We do not perform any checks or vetting on the Mentors. We are not a provider of learning or mentoring experiences. We have no involvement in the provision of the Experience or creating the content of any Mentor Listing.
- The Platform is designed to enable users to make a Booking with a Mentor. Bookings are made for products and services by the Mentor, and not by us. Eequ is responsible only for listing Mentor Listings and scheduling appointments on behalf of the Mentor. The content of the Mentor Listing on the Platform, is entirely the responsibility of the Mentor.
- All Mentor Listings on the Platform are listed by Eequ but their content is created and submitted by Mentors. As a result, we are not (and cannot reasonably be) responsible or liable to you for anything in relation to the promotion of the Mentor or their Learning Experiences in the Mentor Listing.
- While Mentors may possess their own profiles on the Platform, we do not represent, endorse or recommend any Mentor, the quality of their work or the value and quality of their advice and service.
- The Mentors on the Platform are not our employees, workers or sub-contractors. They are independent traders who use Eequ to promote their Learning Experiences.
- You agree to review and follow the recommendations in Eequ’s Safeguarding page. You will be prompted to review the Safeguarding page again each time you view a Learning Experience, and it is available in the website footer at all times.
- You agree not to make any payment for Bookings other than through Eequ. If a Mentor invites you to make payment for a Booking outside of Eequ, please let us know.
- If at any stage you have concerns about the competence, qualifications, suitability or performance of any Mentor or Experience please let us know by emailing firstname.lastname@example.org and we will investigate your report responsibly.
- You must only make Bookings for yourself as an adult or in respect of a child of whom you are a legal parent or guardian with parental responsibility. Do not use Eequ to make any Bookings in respect of children of whom you are not the legal parent or guardian.
- All Mentors are required to confirm that to ensure that all information provided by them in a Mentor Listing is accurate, complete and not misleading in any way. But given the large number of Mentor Listings, we cannot and do not verify the information which they provide to us. It is the Mentor's responsibility to ensure that the products and services as set out in the Mentor Listing is available and accurately described, and your responsibility to satisfy yourself that they are right for you and/or your child. We are not responsible for any inaccuracies in the Mentor Listing.
- As a consumer, you may have legal rights against the Mentor in relation to any products and services that are not provided in accordance with reasonable skill and care, or his/her obligations, or if the products and services are not as described in the Mentor Listing. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect your statutory rights as a consumer.
- It is your sole responsibility to check with a Mentor as to any medical or health-related conditions which might affect you or your child (for example without limitation, allergy information and health issues).
- Bookings may be subject to Mentor Terms and Conditions. Please check the Mentor Listing for any such Mentor Terms and Conditions.
- Please take care to review the cancellation policy of the Mentor. We oblige them to notify you of this in their Mentor Listing. You will be notified of it again on the page where you pay for the Booking and in the email confirming your Booking.
- To cancel a Booking, you should let the Mentor and us know that you have decided to cancel. The easiest way to do this is through your account on the Platform, or by email to email@example.com. If you use this method we will e-mail you and the Mentor to confirm we have received your cancellation.
- If the Experience is a learning experience, not a leisure experience, you have a legal right under the Consumer Contracts Regulations 2013 to change your mind and cancel a Learning Experience within the 14 day period commencing the day after we send you the Booking confirmation email, without incurring any charge (“cooling-off period”). However, Learning Experiences can take place during the cooling-off period if the date of the Experience requested by you in the Booking falls during the cooling-off period. In that case you will be required to pay the Mentor Charges for the Experience to the extent that it has already been provided by the date on which you cancel. This includes any one-off costs the Mentor may have incurred in order to provide you as an adult learner or your child with the Learning Experience.
- If you cancel any Booking, this will become part of your account information visible to Mentors with whom you request a Booking.
- If events or circumstances outside the reasonable control of the Mentor prevent or are likely to prevent the Mentor from providing a Learning Experience, we ask that the Mentor contact you as soon as possible to arrange to reschedule the Booking, or, if that is not possible, a refund of the Mentor Charges.
E. Payment of Mentor Charges.
- Mentor Charges for Learning Experiences include VAT where applicable unless it is stated otherwise in the Mentor Listing.
- When you agree a Booking with a Mentor, you have created a binding contract with the Mentor for delivery of the Experience in exchange for payment of the Mentor Charges.
F. Use of the Platform.
- You agree not to use the Platform for anything other than your own personal use as a consumer. You must not use the Platform on behalf of any other person or for any commercial purposes.
- We have the right to suspend, withdraw or modify the Platform (or any part of it) without liability to you in the following circumstances: for technical reasons (such as maintenance, or technical difficulties experienced by us or on the internet); to allow us to improve the usability of functionality of the Platform; where we have legal reasons for doing so (including privacy or other legal objections to the content or functionality of the Platform); because it is no longer economically viable or efficient to provide the Platform.
- If you set up a user account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to "log in details" or "account" include your log in details and account for Facebook, Google or any social network or platform that you may allow the Platform to interact with.
- If you fail to keep your login details confidential, or if you deliberately or unintentionally share your login details or account with someone else, you accept full responsibility for the consequences of this and agree to fully compensate us for any losses or harm that may result.
- We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using the Platform and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
- If you notice an unauthorised use or breach of your user account, you must notify us immediately at firstname.lastname@example.org.
H. Your Learning Portfolio
- Eequ is intending to help you record you and/or your child’s learning and mentoring activities booked through Eequ. If you consent to a Mentor taking photos or video of you and/or your child during the course of a Learning Experience and uploading it to Eequ, we will store it in your and/or your child’s learning portfolio. The Learning Portfolio consists of a record of the Learning Experiences attended by you and/or your child, any reports by Mentors on the learning status noted in respect of you and/or your child (that is, can they understand/apply/extend knowledge, skills or learning dispositions), and descriptions of learning aims and descriptions of how the mentor categorises the experiences according to our Strengths framework. The portfolio is available to view using your login details, so make sure that you keep them secure and let us know if you think anyone may have unauthorised access to them.
- Eequ is not a backup or storage service. We will do what we reasonably can to ensure that the Learning Portfolio remains intact and available, but we will not be liable for any failure of access to the Learning Portfolio or any loss or corruption of any item in the Learning Portfolio.
- We do not create the content of any Mentor Listings in the Platform. The Mentor Listing is not produced by or for us, nor comprehensively verified by us. Therefore, we do not guarantee the accuracy, integrity or quality of that Mentor Listing. Under no circumstances will we be liable in any way for any Mentor Listing, including, but not limited to, any errors or omissions in any Mentor Listing, or any losses or harm of any kind resulting from the use of any Mentor Listing made available via the Platform.
- You acknowledge that we cannot reasonably guarantee, and do not guarantee, that the Platform will always be available, or that it will contain any function or feature for any period of time.
J. Your conduct in relation to the Platform
- You agree that you will abide by the Codes of Conduct for adults and/or parents and if booking for your child ensure that you explain it to your child in advance of any Booking.
- You must comply with all laws applicable in the UK or any other location that you access the Platform from. If any laws applicable to you restrict or prohibit you from using the Platform, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Platform.
- You must at all times abide by Eequ’s Acceptable Use Policy.
K. Your breach of these terms
- We reserve the right to suspend or terminate your access to the Platform (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Any significant breach, including any breach of section 11, is likely to be considered a material breach.
- You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
L. LIMITATION OF LIABILITY
IMPORTANT – PLEASE READ CAREFULLY
- We accept liability for death or personal injury resulting from our negligence or that of our employees or agents (which does not include any Mentor), and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
- We only supply the Platform for your own individual domestic and private use. You agree not to use the Platform in the course of any business, or for any commercial, business or re-sale purpose. We, therefore, have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We are not responsible for any losses in relation to your receiving or not receiving the Experience, or in respect of any matter relating to any Mentor Listing.
M. Intellectual property
- You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Platform (other than the content of Mentor Listings, which remain the property of the Mentor) are owned by us or licensed to us by our partners.
- You must not copy, distribute, make available to the public or create any derivative work from the Platform or any part of the Platform unless we have first agreed to this in writing.
- You must not use any Eequ trademarks (including ‘eequ’ and the Eequ logo), or other intellectual property rights in and relating to the Platform without our prior written consent.
- If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
- ‘eequ’ and the Eequ logo are trade marks owned by us. No licence to use them is granted under these terms.
N. Legal or Complaint Notices:
- If you have a complaint regarding any Mentor Listing, you may notify us by emailing us at email@example.com with the following information: name; street address; email address; full details of your complaint and the Mentor Listing (or Mentor Listings) you are complaining about. These requests should only be submitted by you or someone who is authorised to act on your behalf.
- We are registered with the Information Commissioners as a data controller in the United Kingdom.
- We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
- These terms set out the entire agreement between you and us concerning the Platform and they replace all earlier agreements and understandings between you and us.
- If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by the applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
- Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
R. Complaints and dispute resolution
- Most concerns in relation to the Platform can be solved quickly by contacting us at firstname.lastname@example.org.
- Any issues in relation to any Learning Experience should be addressed directly with the Mentor, but we request that you keep us informed so that we can decide on any appropriate action regarding the Mentor’s continued listing on Eequ.
- In the unlikely event that legal action becomes necessary either by us or by you, these terms shall be governed by and construed in accordance with the laws of England and subject to the jurisdiction of the English courts.