OSA Mentors Terms & Conditions

Please see below for our OSA Mentors Terms & Conditions. You can also see our Privacy & Cookie Policy here, our Data Protection Policy here and our Website Terms & Conditions here. Our Child Protection Policy can be found here.

If you have any questions just let us know by contacting us here.

1) Definitions

a) ‘OSA’ means the Oxford Scholastica Academy Ltd, a company incorporated in England & Wales (registration number 07746591)

b) ‘OSA Mentors’ or ‘the Programme’ means OSA’s Mentoring Programme as described on its website

c) ‘Mentee’ means the student and, where they are a minor, includes their parents or guardian

d) ‘1-1’ means a meeting between the Mentee and their Mentor

e) ‘Session’ means any meeting the Mentee and/or their parent/guardian has with the Mentor and/or OSA. This may include a 1-1, a consultation with OSA, etc

f) ‘Business day’ means Monday to Friday

g) ‘Contract’ means the legally binding arrangement that OSA enters in to with the Mentee once the Mentee is accepted on the Programme and accepts the place and is subject to these Terms & Conditions as well as other documents to which they refer

h) ‘Intellectual Property Rights’ shall mean copyright (and related rights), designs, patents, trademarks, confidentiality, confidential information and all other intellectual property rights that may subsist or will subsist in the future. This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant)

i) ‘VAT’ means value added tax as provided for in the Value Added Tax Act 1994

2) Application

a) By making an Application on the OSA Mentors, the Mentee acknowledges they have read this Contract and that they will be bound by this Contract if they a) are notified of their Acceptance by OSA and b) pay the first month’s membership

b) The Mentee must be aged 12-18 at the start of the Programme unless otherwise agreed in writing

c) The Mentee must be able to speak, understand and read English to an Intermediate/Upper Intermediate/Advanced English level. The Mentee’s English language level must be above Common European Framework Level C1

d) OSA Mentors is an online service which involves scheduling regular 1-1s with a Mentor and using audiovisual technology. The Mentee must therefore provide information on their educational/religious/special needs and requirements on their application form, so that OSA can start to consider and make reasonable arrangements

3) Acceptance

a) By submitting an Application, this does not constitute Acceptance. ‘Acceptance’ means OSA sends the Mentee an email confirming the Mentee has been accepted onto the Programme

b) Any Acceptance is solely at the discretion of OSA, subject to reviewing the Mentee’s application form. OSA may also seek other supporting information when reviewing an application, including, but not limited to, conducting a phone interview with the Mentee and/or their parent/guardian, or requesting references.

c) After Acceptance, the Mentee’s membership to the Programme is not confirmed until they have paid the first month’s membership, as set out in clause 4(c).

4) Membership Fees

a) Membership consists of a monthly subscription to OSA Mentors

b) The ‘Start Date’ is the date that the first month’s membership is confirmed to be received by OSA. Until OSA has confirmed receipt of the first month’s membership fee, membership on the Programme is not confirmed

c) The first month’s membership fee is due by 7 calendar days after OSA has sent the fee invoice to the Mentee. Payment of the first month’s membership must be made in pounds sterling via Stripe, Paypal, Braintree, TransferWise, bank transfer, or, at the discretion of OSA, by another method

d) All monthly fees hereafter must be paid by direct debit, unless OSA agrees otherwise in writing, and will be due on the same date as the Start Date in each following calendar month

e) For all fees, the exact amount must be paid. The Mentee should bear in mind that some banks will charge a fee for transferring the money, or the exchange rate may fluctuate, and it is the Mentee’s responsibility to cover these payments and ensure that the exact amount is received by OSA

f) There is no minimum commitment, though OSA recommends membership duration of at least 12 months to get the full benefits of OSA Mentors

g) Fees are inclusive of VAT where appropriate and when outlined on the invoice

h) The first month’s membership is not refundable except in accordance with clause 5(b,i)

i) After the first months’ membership, fees are not refundable

j) We reserve the right to suspend or terminate the Mentee’s membership, at our sole discretion, on the basis of late or unpaid fees, such as where payment of the first month’s membership has not been made within 30 calendar days of the invoice of these fees, or payment of any following month’s membership has not been made within 7 days of the due date

k) If any fees are late, interest will be payable by the Mentee, calculated on a daily basis at the rate of 5% p.a. above the base rate of the Bank of England

l) All payments made or to be made under this Contract shall be made in full, without any deduction, withholding, set-off or counterclaim on account of any taxes or otherwise

5) Cancellations and Suspensions

a) If the Mentee wishes to cancel this Contract, it is not sufficient to simply cancel a direct debit instruction, rather, OSA must be notified in writing via email account to mentors@oxfordscholastica.com

b) For cancellations made within 14 days of first payment:

i) The Mentee has the right to cancel this Contract and receive a refund of the fees they have paid (net of any bank charges or foreign exchange losses) if the cancellation is made within fourteen calendar days after entering in to the Contract (minus an administrative charge of £50 to cover costs incurred) unless the first session was scheduled to start before the fourteen calendar days has expired or one or more 1-1s have already occurred (in which case the Mentee will be refunded the fee minus any charges OSA has incurred as a result of, for example, organising resources or paying mentors). The refund payment (less the administration fee) will be repaid to the Mentee within 30 days following cancellation

c) For cancellations made after 14 days of first payment:

i) Other than in accordance with clause 5(b), if the Mentee wishes to cancel their membership, they must give OSA at least 30 calendar days written notice of this. Any month’s fee payment that is scheduled within this 30 day cancellation period is still owed, and so Mentees shall be entitled to the full benefits of OSA Mentors until the end of the end of this month

d) If the Mentee wishes to cancel other than in accordance with clause 5(b,i) and does not give notice in accordance with clause 5(c,i), then they shall not be entitled to a refund

6) Scheduling and Rescheduling Sessions

a) 1-1s will be scheduled between the Mentee and Mentor through OSA (or any software provided by OSA) only

b) If a Mentee wishes to cancel or reschedule a 1-1, such as in the instance of illness, the following shall apply:

i) All cancellation and rescheduling requests must be made at the earliest opportunity in writing to mentors@oxfordscholastica.com

ii) If the Mentee writes to cancel or reschedule 72 hours before the scheduled 1-1, the Mentee will be offered a chance to reschedule this 1-1. If, for whatever reason, the Mentee and Mentor are unable to reschedule a time during this membership month, the 1-1 time will be carried over to the next membership month. If the membership has been cancelled and will be expiring at the end of this period, at its sole discretion, OSA may still offer to reschedule this 1-1 up to 14 days after the membership has expired

iii) If the Mentee writes to cancel or reschedule less than 72 hours before the scheduled 1-1 time, or if the Mentee does not show up to a 1-1 or any other session without giving written notice by email to OSA, the session will be forfeited

c) Although every effort will be made not to, if a Mentor or OSA wishes to cancel or reschedule a session, the following shall apply:

i) All cancellation and rescheduling notices will be made to the Mentee at the earliest opportunity by email, or by the booking system provided by OSA

ii) The Mentor and OSA will make all reasonable attempts to reschedule the session within 7 days of the original scheduled time, or within the membership month period, whichever is sooner

iii) Any sessions which cannot be rescheduled for within this membership period will be carried over to the next membership month. If the membership has been cancelled and will be expiring at the end of this period, at its sole discretion, OSA may still offer to reschedule this 1-1 up to 14 days after the membership has expired

7) Disputes

a) If the Mentee has a dispute with their Mentor or with another feature of their membership, or if the Mentor has a dispute with their Mentee, they must contact OSA in the first instance and fully cooperate with OSA, who shall make all reasonable attempts to resolve the dispute

b) In the event that a dispute between a Mentee and Mentor cannot be resolved, OSA shall make all reasonable attempts to rematch the Mentee with another Mentor

c) OSA reserves the right to pause, at no charge, a Mentee’s membership while it attempts to resolve disputes

8) Termination

a) OSA reserves the right at any time to withdraw an offer of Acceptance, suspend a membership or terminate this Contract by written notice, without refunding any fees to the Mentee, if OSA determines (at its sole discretion) that:

i) the Application is inaccurate or incomplete

ii) the Mentee’s English proficiency is not at an adequate level

iii) fees are late or unpaid, as set out in clause 4(j)

iv) there have been material changes in what the Mentee expects from the Mentor or in the Mentee’s circumstances, such that, in our sole judgement, the Mentee will no longer benefit from the Programme

v) The Mentee has behaved unacceptably, including, but not limited to, acting in a disrespectful manner towards their Mentor or OSA, or rescheduling of 1-1s deemed excessive by OSA (see clause 6).

vi) Any other dispute, as raised by the Mentee or Mentor in accordance with clause 7, cannot be satisfactorily resolved

b) The rights, liabilities or remedies of either party shall not be affected after termination, nor will the continuance of any of this Contract’s provision (to the extent to which it is expressed or by implication intended to continue)

9) Limitation of Liability & Indemnity

a) OSA will not be liable to the Mentee or any connected persons for any claims, costs, expenses or damages (including but not limited to property, personal belongings or money), losses (including but not limited to loss of profits, revenue, data, contracts or opportunities) or any liabilities of any kind (whether direct or indirect), except for death or personal injury resulting from proven negligence in an English court of law

b) The Mentee will indemnify and keep indemnified OSA from and against any losses, claims, costs, expenses or damages or any liabilities of any kind incurred by it as a direct or indirect result of a breach of this Contract by the Mentee

c) Where OSA makes any payment to the Mentee arising from this Contract, the Mentee must assign to OSA or its insurers any rights it may have to pursue any other third party. The Mentee must also provide OSA and its insurers with all assistance required

10) The Mentee Agrees:

a) To be polite to the Mentor and treat them fairly and respectfully at all times

b) Not to attempt to contact the Mentor outside of the channels provided by OSA at any time during the membership, or until the end of 1 year after the termination of this Contract

c) Not to disclose to, or request from, the Mentor any information (other than is reasonably needed to conduct the 1-1, such as their name) that could be used to identify or locate them, such as home address, telephone/mobile number, email address, social media handles etc.

d) That sessions may be recorded, stored and used by OSA, for the purpose of Programme quality control and development, and for use in settling disputes (see clause 7)

e) Not to make use of the name, logos, or trademarks of the Oxford Scholastica Academy except where written permission has been given

f) Not to publish any material by any medium relating to OSA, its Mentors, staff, students, facilities or any other person or body OSA has a relationship with without OSA’s written permission

g) Not to give interviews or statements to any form of media outlet (including social media) in relation to OSA unless given written permission to do so by OSA

h) To withdraw any material given to any form of media outlet (including social media) where permission was not given by OSA.

11) Notices

a) All notices shall be in English and in legible writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice

b) Notices shall be deemed to have been duly given (in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other party):

i) when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or

ii) when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or

iii) on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or

iv) on the tenth business day following mailing, if mailed by airmail, postage prepaid.

c) Service of any document for the purposes of any legal proceedings concerning or arising out of this Contract shall be effected by either party by causing such document to be delivered to the other party at its registered or principal office, or to such other address as may be notified to one party by the other party in writing from time to time

12) Data Protection

a) OSA will comply with the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”), as outlined in our Data Protection Policy

13) Promotional Activities

a) OSA staff members may ask the Mentee to participate in photographs, videos or other promotional activities during the Programme, for use in OSA’s future publicity. The Mentee’s Parent or Legal Guardian will be asked for permission for the Mentee to participate in these photographs, videos or activities which OSA may use for its business use and promotional activities. Consent can be revoked at any time by writing to update us

b) During and at the end of Programme, OSA will ask the Mentee to fill in an evaluation questionnaire. OSA may use statistics and quotes from these to promote future Programmes, and will seek permission from the mentee’s Parent or Legal Guardian to credit the Mentee’s name and school next to these quotes. Consent can be revoked at any time by writing to update us

14) Relationships

a) OSA is an organisation which contracts with St Peter’s College and Corpus Christi College for the use of Summer School facilities, but which has no formal connection with The University of Oxford

15) General

a) Nothing in this Contract shall be construed as creating a partnership with the Mentee

b) The Mentee may not subcontract any rights under this contract to another person or company without the consent of OSA

c) OSA may assign all or any of its rights under this Contract to any person or company without any requirement to notify or obtain further consent of the Mentee

d) No amendments of this Contract shall be effective unless confirmed in writing and signed by
both OSA and the Mentee

e) No waiver by OSA of any breach of these terms shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which the waiver is given

f) Whilst every effort has been made to ensure that this Contract adheres strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from this Contract and shall not affect the validity and enforceability of the remaining terms. This term shall apply only within jurisdictions where a particular term is illegal

g) The headings in this Contract are for convenience only and shall not affect the interpretation of the Contract

h) Words imparting the singular shall include the plural and vice versa

i) References to any gender shall include other genders

j) OSA makes every effort to provide an accurate description of the Programme, but can make no guarantee about the content or structure, which may change. OSA reserves the right to modify or cancel the Programme, and to make alterations to the programme, terms, rules, policies, and Mentors at any time before or during the Programme without the Mentee’s consent. OSA shall not be held responsible for any inconvenience caused and extra expenses incurred

k) OSA reserves the right to terminate relationships with Mentors (for reasons including, but not limited to, Mentors leaving the Programme), in which case OSA will make every effort to rematch the Mentee with another Mentor

l) Wherever possible, OSA will try to accommodate the Mentee’s reasonable requests for a change to their membership (e.g.: change of start date or Mentor) but cannot guarantee and is under no obligation to do so

m) OSA will take all appropriate measures to safeguard its Mentees.

n) Where any OSA policy differs with these Terms and Conditions, these Terms and Conditions shall prevail

o) OSA does not intend any term of this Contract to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999

p) This Contract shall be governed by the laws of England and Wales

q) Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales, to settle any dispute or question relating to this Contract, or any other matter