1. Welcome. Pear Tree Education Inc. (“Pear Tree”) welcomes you as a student. We look forward to tutoring you and providing other educational services.
2. These Terms. These terms and conditions, as they may be amended by Pear Tree from time to time, will constitute the entire agreement between Pear Tree and you with respect to the tutorial and other educational services to be provided by Pear Tree. There are no representations or agreements not incorporated herein. Pear Tree has the right to amend, delete and add to these terms and conditions. All amendments, deletions and additions will be effective 15 days after notice thereof is first posted by Pear Tree on its website or Pear Tree has otherwise communicated those amendments, deletions or additions to you.
3. Fees and Taxes. All fees for Pear Tree’s tutoring or other educational services are subject to change by Pear Tree without prior notice. You will be invoiced for the fees in effect when Pear Tree receives and accepts your application for tutoring or other educational services. All fees are net of applicable taxes. You are responsible for all taxes imposed by any taxing authority.
4. Study Materials. All study materials required for use during or between tutorial or other sessions are for your account and are not included in the fees for our tutorial or other educational services.
5. Payment. Payment in full is due on receipt of invoice but in any event before any services are performed. Pear Tree reserves the right to discontinue services if you fail to observe these payment terms.
6. Scheduled Sessions. Sessions will begin and end at the times scheduled by Pear Tree, provided Pear Tree has the right to cancel or reschedule any sessions if it considers circumstances so require.
7. Cancellation. Either of us may cancel any services to be provided by Pear Tree by giving written notice in person, by mail or email to the address provided by the other. Cancellation will be effective immediately after the notice is communicated. Clients are required to provide 24 hours notice either by e-mail or speaking directly to a manager (voice mail cancellations not accepted) to cancel or reschedule a class. Please note that failure to do so will result in being charged for a class in full.
8. Refunds. After the required cancellation notice is communicated to Pear Tree, Pear Tree will either: (a) refund to you the pro rated amount of your monthly fee for the number of days remaining in the calendar month, such days beginning on the Monday following the week that the cancellation notice is communicated; or (b) in the event that services were purchased under a discount package, Pear Tree will bill you up to and including the week of the cancellation at the regular non-discounted monthly rate offered by Pear Tree at the time such discount package was purchased and then refund you the difference between the total amount that you paid for the discount package less the amount billed to you.
9. No Guarantee of Success. While Pear Tree will make all reasonable efforts toward your success, your success really depends on your effort and ability. Accordingly, Pear Tree is not able to guarantee you academic success.
10. Student Misconduct. Pear Tree Education has the right to dismiss your child from any Pear Tree Education activity/course if they behave inappropriately, or are found to be a potential/definite risk to themselves or other course participants.
11. Limitation of Liability. The maximum liability of Pear Tree arising from all acts, errors, omissions or otherwise for which Pear Tree or any of its directors, officers, shareholders, subcontractors or agents is found liable will not exceed the total fees paid to Pear Tree for the services rendered giving rise to the claim. There will be no other liability, obligation or responsibility of Pear Tree of any kind. All claims against Pear Tree will be deemed to have been waived by you unless you commence legal proceedings in British Columbia against Pear Tree within the one year period immediately following the act, omission or matter giving rise to the claim. Pear Tree will not, under any circumstances, be liable, in any respect if proceedings are not commenced within that one year period.
12. Notices. All notices or correspondence to Pear Tree must be in writing and sent to the address listed below, unless Pear Tree notifies you of a different address:
215-2678 West Broadway, Vancouver, B.C. V6K 2G3
13. Waiver. No waiver by Pear Tree of any provision of these terms is valid against Pear Tree unless in writing.
14. Severable. If any provision of these terms and conditions is held to be invalid, illegal, or unenforceable, in whole or in part, the remainder of these terms and conditions will remain in full force and effect as if any invalid, illegal, or unenforceable provision had not been contained herein.
15. No Assignment. You may not assign any of your rights or obligations.
16. Governing Law. These terms and conditions and the application form signed by you will be governed by, and be construed in accordance with, the laws of British Columbia, and you hereby irrevocably attorn to the jurisdiction of the courts of British Columbia.
17. Time. Time is of the essence for these terms and conditions.