Agreement, provider and contract documents
These Terms form a binding agreement between Bespoke Learning Inc., an Ontario corporation (“Bespoke”, “we”, “us”), and the adult customer identified in the Order Summary (“you”). If a student is a minor, the contracting parent or guardian accepts these Terms for the student and is responsible for the student’s compliance.
Your contract consists of the Order Summary or accepted proposal, these Terms, the Refund and Cancellation Policy, the Privacy Policy and, when applicable, the Portal Terms. The Order Summary controls service-specific details such as programme, lesson length, price, currency, instalments, start date and included add-ons. These Terms control general legal matters. A later written amendment signed or expressly accepted by both parties controls over an inconsistent earlier term.
The English and French versions are the only official versions and are equally authoritative. The version presented and accepted when the contract is made governs that transaction, subject to any mandatory language law. No summary, sales conversation or unofficial translation changes the contract unless confirmed in writing by Bespoke.
Mandatory rights preserved
Nothing in these Terms excludes a consumer right, statutory guarantee, remedy or forum that the law applicable to you does not allow the parties to waive.
Eligibility, authority and minors
You must have legal capacity to contract and provide complete, accurate billing and student information. A person accepting for an organisation, school or another adult confirms authority to bind that person or entity.
A minor may participate only with the knowledge and authorisation of a parent or legal guardian where required. The contracting adult controls purchases, material account choices and privacy permissions, remains responsible for fees, and must ensure that the service is suitable for the student. We may request age, identity, authority or parental-consent evidence proportionate to the risk and law.
Educational services and no result guarantee
We provide tutoring, mentoring, exam preparation, group intensives, feedback, educational resources and optional technology-assisted learning tools. We will perform paid services with reasonable care and skill and substantially as described in the accepted Order Summary.
Education is collaborative. Outcomes depend on attendance, preparation, effort, prior knowledge, health, school decisions, assessment criteria, exam boards and other factors outside our control. Tutor observations, predicted grades, study plans, diagnostics, practice scores, testimonials and marketing examples are educational judgments or illustrations, not promises.
No guaranteed result
Bespoke does not guarantee any grade, score, pass, admission, scholarship, diploma, ranking, assignment mark, improvement level, deadline outcome or acceptance by a school or examination body. The Right Fit Promise concerns fit after the first lesson only; it is not a results guarantee.
Orders, pricing, taxes and payment
Before you are bound, we will present the material service description, total price or calculation method, currency, taxes known to us, payment schedule, duration and cancellation conditions. You must check and correct errors before accepting. An order is accepted when we send written confirmation or begin performance at your express request.
The final order control will state unambiguously that placing the order creates a payment obligation. We will provide the accepted Order Summary and applicable contractual terms by email or another durable, retainable and printable medium. For an Ontario internet agreement subject to the Consumer Protection Act, that copy is provided within the legally required period; our target is immediately after acceptance.
Prices are in the currency shown in the Order Summary. You are responsible for bank, intermediary and foreign-exchange charges imposed by your provider unless the Order Summary says otherwise. Taxes are added or included as stated and as legally required. We may correct an obvious clerical error before acceptance; after acceptance, we will honour the agreed price unless you approve a change or the law requires one.
Payment may be made by the method stated on the invoice, including direct bank transfer. Card or bank credentials are handled by the relevant payment provider and not stored by Bespoke except for limited transaction references. A payment is complete only when cleared funds are received. Please identify the invoice number and do not send sensitive banking credentials by email.
Instalments, recurring payments and non-payment
An instalment plan changes when the price is paid; it does not divide a fixed programme into independently cancellable monthly purchases unless the Order Summary expressly says so. The full contractual price remains due subject to the cancellation rights in this agreement.
We will not auto-renew or debit a recurring amount unless the frequency, amount or calculation, duration and cancellation method were clearly disclosed and you gave the consent required by law. You may withdraw payment authority for future debits, but doing so does not erase an amount lawfully due.
If an amount is overdue, we may give written notice and a reasonable opportunity to cure, suspend future bookings, and recover reasonable collection costs or statutory interest where lawful. We will not charge an undisclosed penalty. We may allocate cleared payments to the oldest outstanding invoice.
Booking, attendance and the 24-hour rule
Lessons are booked by mutual confirmation and remain subject to tutor availability, time zones and any package validity period. A request is not a confirmed booking until it appears in the portal or is confirmed in writing.
- At least 24 hours before the scheduled start: you may cancel or request a new time without losing the lesson credit. A replacement time is subject to availability and must fall within the applicable validity period.
- Less than 24 hours before the scheduled start: the lesson is treated as delivered and the credit or fee is charged, because tutor time has been reserved.
- No-show or more than 15 minutes late without notice: the lesson is treated as delivered. A late arrival does not extend the scheduled end time.
- If Bespoke or the tutor cancels, the lesson will be rescheduled, the credit restored, or that lesson refunded at your choice where a timely replacement is not reasonably available.
- Documented emergencies may be considered reasonably and in good faith. Any mandatory right for illness, disability, force majeure or service failure prevails.
One-time Right Fit Promise
For a new student’s first paid one-to-one tutoring engagement, the contracting customer may notify legal@bespokelearning.io within 48 hours after the first completed lesson and before the second lesson that the tutor or format is not the right fit. We will first offer a reasonable tutor rematch if requested.
If you choose to end the engagement under this Promise, we charge the completed first lesson at the then-published single-lesson rate and refund the remaining unused prepaid balance. The Promise may be used once per student and does not apply to group intensives, written feedback already delivered, digital products, missed lessons, academic outcomes or a change of mind after the 48-hour window.
How to claim
Send an unequivocal written notice within 48 hours after the first lesson, include the student and invoice name, and do not attend a second lesson.
Packages, lesson credits and validity
Credits are prepaid rights to book the service described in the Order Summary; they are not cash, deposits or transferable property. Unless a different period is clearly stated before purchase, standard one-to-one package credits expire three months after purchase. Promotional or programme-specific credits may have a different disclosed period.
Credits must be scheduled and used before expiry. We may extend validity for a documented exceptional circumstance or where Bespoke could not reasonably provide availability. Credits are student- and household-specific and may be transferred only with our written agreement. Expiry never removes a statutory remedy for a service we failed to supply.
Cancelling packages and fixed-term plans
After any applicable statutory withdrawal period and the Right Fit window, you may end an ongoing or fixed-term tutoring arrangement by giving 30 days’ written notice unless the Order Summary provides a shorter period. Lessons already delivered, validly charged under the 24-hour rule, or firmly scheduled within the notice period remain payable.
For a discounted package or plan ended early, we may reprice lessons already delivered at the single-lesson or smaller-package rate disclosed at purchase. From any prepaid balance we may also deduct only reasonable, documented and non-recoverable commitments caused by the early cancellation, to the extent lawful and disclosed. We will refund the remaining unused amount. There is no automatic percentage penalty unless a specific, reasonable charge was conspicuously stated in the accepted Order Summary and is enforceable under applicable law.
If a plan is expressly month-to-month, cancellation stops the next billing cycle after the required notice; it does not retroactively cancel the current period. If the Order Summary gives a fixed end date, the arrangement ends on that date and will not renew without the required notice and consent.
Exam intensives and fixed-date group programmes
A group intensive may require a stated minimum enrolment. We will confirm whether it is proceeding as soon as reasonably practicable. If we cancel it or the minimum is not met, you may choose a full refund or transfer to a suitable alternative; we will not force credit instead of a refund.
| Customer cancellation received | Default refund or transfer rule |
|---|---|
| 14 or more calendar days before the start | Transfer once without charge, or refund less a 10% reasonable administration charge. |
| 7–13 calendar days before the start | Transfer once if a suitable place exists, or 50% refund. |
| Less than 7 calendar days before the start or no-show | No contractual refund because the place and teaching resources are committed. |
| Place reallocated to another paying student | Any deduction is reduced to actual reasonable loss, capped at 10% of the cancelled price. |
Statutory rights come first
The table does not limit a mandatory cooling-off right, a remedy for misdescription or deficient performance, or a refund where Bespoke cancels.
Distance-contract withdrawal and regional rights
Ontario and other Canadian provinces: there is no single universal change-of-mind cooling-off period for every online tutoring purchase. Applicable internet or distance-contract laws may nevertheless give cancellation rights if required pre-contract information, the ability to correct errors, a compliant written copy, delivery or other mandatory requirements are not provided. Quebec distance-contract and sequential-service rules apply where applicable.
European Union and EEA: a consumer generally has 14 days from conclusion of a distance service contract to withdraw without giving a reason. If you expressly request performance during that period, you owe only the proportionate price for service supplied before withdrawal. The right is lost only after the service has been fully performed where you expressly requested early performance and acknowledged that consequence. A scheduled-date leisure exception is not assumed to apply to tutoring.
United Kingdom: substantially similar 14-day distance-service rules apply, including express early-start consent, proportionate payment and loss of the right only after full performance with the required acknowledgement.
Hong Kong: Hong Kong law does not currently provide a general change-of-mind cooling-off period for all tutoring or online-service contracts. The contractual rights in these Terms apply in addition to mandatory protections against misleading or unfair practices and implied duties such as reasonable care and skill.
Switzerland and other locations: no 14-day right is promised unless local law or the Order Summary provides one. In every location, non-waivable local law prevails.
Tutors, service changes and continuity
We select tutors based on subject and availability but do not guarantee a named tutor indefinitely. We may make a reasonable substitute where a tutor is unavailable, after consulting you where practicable. If a material change makes the service materially different from what was purchased, you may reject the change and receive a refund for the affected unused service.
We may make minor changes to schedules, tools or teaching methods that do not materially reduce value, including changes required for safety, accessibility, academic integrity, law or technology. We will give reasonable notice of material changes.
Student and customer responsibilities
- Attend punctually with suitable equipment, connectivity, materials and a safe learning environment.
- Treat tutors, staff and other students respectfully; no harassment, discrimination, threats, recording without authorisation or disruptive conduct.
- Provide accurate course, deadline and accessibility information, while deciding what sensitive information to share.
- Use advice critically, check school rules and submit only work the student is permitted to submit.
- Protect account credentials and notify us promptly of suspected unauthorised access.
Academic integrity and AI-assisted features
Our services support learning; they do not complete assessed work for submission, impersonate a student, obtain restricted examination material or facilitate plagiarism, cheating or circumvention of school rules. We may refuse or stop a request that creates an academic-integrity, safety or legal risk.
AI-generated summaries, practice questions, feedback and recommendations may be incomplete, outdated or wrong. They must be reviewed by the student and, where appropriate, a tutor. AI output is not an official grade, professional diagnosis or admissions decision. Feature-specific notices explain when an AI provider processes data; optional features may be declined where stated.
Sessions, recordings and privacy
A session may be recorded or transcribed only after the notice and consent or other lawful basis required in the relevant location. The booking or meeting notice will identify the purpose and available choice. Participants must not make their own recording or distribute session content without the informed permission of everyone involved.
We process account, educational, billing and session information as described in the Privacy Policy. The contracting adult must ensure that notices are provided to the student and that any required parental permission is valid. Privacy choices do not remove processing that is strictly necessary to provide the contracted service, keep legal records, protect safety or comply with law.
Intellectual property and permitted use
Bespoke and its licensors retain ownership of lesson frameworks, platform software, templates, videos, question banks, branding and original materials. On payment, you receive a limited, personal, non-exclusive, non-transferable licence to use supplied materials for the participating student’s own education.
You may not sell, publish, scrape, upload to a public repository, use to train a model, remove notices from, or systematically reproduce our materials without written permission. You retain ownership of original student work. You grant us only the limited licence reasonably needed to review, annotate, store and return that work and provide the service.
Third-party platforms and availability
Services may use video, calendar, payment, cloud, authentication, analytics or AI providers. Their own terms may apply to your direct use. We remain responsible for our contractual duties but are not responsible for an outage or act solely controlled by an independent provider, except where law makes us responsible. We will use reasonable efforts to offer a practical alternative when a material provider failure affects a paid lesson.
We do not promise uninterrupted or error-free website or portal access. Maintenance, security events and internet conditions may cause temporary interruption. An interruption that prevents a paid lesson is handled under the tutor-cancellation rule.
Suspension and termination by Bespoke
We may suspend bookings after notice for overdue payment, security risk or a material breach. We may terminate immediately for violence, credible threats, serious harassment, fraud, deliberate academic misconduct involving our service, unlawful use or conduct that makes continued service unsafe. For a curable breach, we will ordinarily give notice and a reasonable chance to cure.
On termination, amounts for delivered services and reasonable loss directly caused by the breach remain due. We refund any remaining prepaid amount not reasonably required to cover those sums unless the law permits a different result. Termination does not affect rights that accrued before it.
Warranties and limits of liability
We do not exclude the duty to provide services with reasonable care and skill or any statutory guarantee that cannot be excluded. To the maximum extent permitted by law, we are not liable for indirect, incidental or consequential loss, lost opportunity, lost profit, school or exam-board decisions, or loss caused by inaccurate information you supplied, student misconduct or events outside our reasonable control.
Where a monetary cap is lawful, Bespoke’s aggregate liability arising from a service is limited to the greater of the fees paid for that affected service and the fees paid by you during the 12 months before the event giving rise to the claim. This cap and the exclusions do not apply to fraud, wilful misconduct, gross negligence where it cannot be limited, death or personal injury caused by negligence, breach of confidentiality or data-protection liability that cannot lawfully be capped, or a mandatory consumer remedy.
Events beyond reasonable control
Neither party is liable for delay caused by an event genuinely beyond reasonable control, including widespread network failure, natural disaster, war, epidemic, government action or major platform outage. The affected party must notify the other, take reasonable steps to reduce impact and resume performance. Payment is not due for service that is never supplied. If material disruption continues for 30 days, either party may end the affected portion and unused prepaid fees will be refunded.
Complaints, governing law and courts
Please send a complaint to legal@bespokelearning.io with the invoice, relevant dates and requested resolution. We will acknowledge it promptly and aim to provide a substantive response within 15 business days. This process does not suspend a statutory deadline or prevent either party from seeking urgent relief.
Ontario law and the federal laws of Canada applicable there govern this agreement, without applying rules that would defeat the mandatory protection of a consumer’s habitual residence. Subject to those mandatory rights, courts in Toronto, Ontario have non-exclusive jurisdiction. An EU, EEA, UK, Quebec, Hong Kong or other protected consumer may use any court, regulator, alternative dispute process or remedy that applicable law requires to remain available.
Before initiating a payment dispute, please contact us if it is safe and practical so we can investigate. Nothing restricts a lawful chargeback or complaint to a consumer, privacy or education authority.
Changes, notices and general terms
We may update these Terms prospectively for legal, security or operational reasons. The version accepted for an existing fixed purchase continues to govern that purchase unless the change is required by law, benefits you, or you expressly accept it. We will give reasonable advance notice of a material adverse change to an ongoing service.
Notices may be delivered to the email or portal account provided. You must keep contact details current. You may not assign the contract without our consent; we may assign it in a genuine reorganisation or sale only if your rights are not materially reduced. Failure to enforce a term is not a waiver. If a term is invalid, it is narrowed or severed to the minimum necessary and the rest remains effective. Headings aid navigation and do not limit meaning.