This page (together with our Privacy Policy) tells you information about jumpAgrade CLG (‘jumpAgrade’, ‘Our’, ‘We’, or ‘Us’) and the legal terms and conditions (‘Terms’) that apply when you use the jumpAgrade platform (‘Our Site’).
We provide online tuition services directly to students with the goal of increasing students’ grades and confidence thus providing them with the opportunity to increase their chances of progressing from second level education. Each students' participation on the Platform is funded by Sponsor donations. We then match students with a teacher/mentor to support them throughout their time with jumpAgrade. Interaction occurs through the jumpAgrade online platform; enabling online calls, digital assessments & feedback, online chat, content sharing and recorded classes.
jumpAgrade provides:
The Service is provided directly by jumpAgrade to Student Users for the relevant academic year. The Student Users’ place is funded by Sponsor donations. jumpAgrade is the principal supplier of the Service.
You agree that by registering a profile and accessing Our Site or using the Service, or any content or information provided as part of the Service, you are entering into an agreement with Us, such agreement being governed by these Terms. Please read these Terms carefully and make sure that you understand them before using Our Site and using the Service. Please note that before a Booking can be confirmed you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to avail of the Service.
We may amend these Terms from time to time. Every time you wish to use Our Site and avail of the Service, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in October 2022.
jumpAgrade CLG is a business registered in Ireland (Company Number: 569565) whose registered office is at Haywood, Coolreiry, Castleconnell, Limerick, Ireland.
“Adult User” – A person over the age of 18 that completes a Booking for the provision of the Service to a Student User;
“Booking” – Completing a form on Our Site to initiate the Service;
“Intellectual Property Rights” – means patents, trademarks, service marks, logos, confidential information, get-up, trade names, internet domain names, rights to inventions, rights in designs, copyright (including rights in computer software), moral rights, database rights, goodwill and the right to sue for passing off or unfair competition, rights in know-how and all other intellectual property rights, in each case whether registered or unregistered and including all applications for registration, and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all rights or forms of protection having equivalent or similar effect anywhere in the world;
“Platform” – The part of Our Site where the Service is available;
“Site User” – Any user of the jumpAgrade Platform, including all “Teacher Users”, “Student Users” and “Adult Users”;
“Sponsors” – corporate and/or educational bodies that donate programme fees to fund students’ participation in the Service;
“Student User” – a student who receives a unique code to redeem their place on the jumpAgrade programme and completes a Booking or whose parent/guardian has completed a Booking on their behalf; and
“Teacher Users” – Teachers employed and trained by jumpAgrade to fulfil the role of teacher/mentor for Student Users.
a) To help Student Users, by facilitating the provision of personalised learning tuition services by Teacher Users.
b) To ensure, as much as possible, that Our Site remains functional including the booking system.
c) To communicate any planned maintenance of Our Site or downtime.
d) To reasonably endeavour to keep Our Site free from viruses and worms.
e) To decide when a Teacher User’s profile is sufficiently complete to be set live and be viewed by Site Users.
f) To communicate new Bookings, confirmation of Bookings, and cancellations, to both Student Users and Teachers Users via the mode of communication chosen by them upon registration.
g) To process each Adult User’s account creation.
h) To investigate complaints to a reasonable degree by promptly informing the Adult Users, Student Users and Teacher Users of issues raised.
i) To take all precautions We consider reasonable and necessary to protect Student Users and Teacher Users’ information. jumpAgrade will only use data in accordance with its Privacy Policy. jumpAgrade will not be held responsible for unauthorised use of information by Adult Users, Student Users or Teacher Users.
j) To monitor submissions, postings and/or messages made on Our Site and all communications made between Student Users and Teachers Users on Our Platform. We do so in the hope of helping Students and Teachers meet, but also to stop mis-use of the Site, as set out in these Terms.
k) To undertake an assessment of any potential for harm to a child availing of the Service and prepare a Child Safeguarding Statement that specifies the Service being provided and the principles and procedures to be observed in order to ensure, as far as practicable, that a child availing of the Service is safe from harm.
As defined at the beginning of this document, a “Site User” means a person who uses Our Site.
4.1. Site Users are responsible for their own security in conjunction with the Service, online and offline.
4.2. Site Users are solely responsible for the material they post on Our Site, including material which they have sent, and must not post defamatory, offensive or illegal material.
4.3. Site Users must immediately report any defamatory, offensive or illegal material on Our Site.
4.4. Site Users must exercise their own judgement regarding the accuracy of material provided on Our Site. jumpAgrade cannot guarantee that all of the content on Our Site is complete, accurate or up-to-date.
4.5. Site Users are responsible for their own internet security when using Our Site. 4.6. Site Users must contact jumpAgrade immediately if they believe their password has been compromised. Site Users will be responsible for the actions conducted in their name until they have notified jumpAgrade.
4.7. Site Users must not use Our Site with the intention of disintermediating in any way. Site Users must not use the Platform with the intention disintermediating jumpAgrade in anyway. Site Users must not promote the services of any company other than jumpAgrade.
4.8. Site Users agree to abide by the Privacy Policy provided through the Platform.
4.9. Any Site User who fails to meet these Terms may be barred from the Platform and related services.
As defined at the beginning of this document, a “Student User” means a student who has received a unique code to redeem their place on the jumpAgrade programme and completes a Booking or whose parent/guardian has completed a Booking on their behalf.
5.1. jumpAgrade takes no responsibility for the actions of Student Users and is solely responsible for its own actions.
5.2. Student Users must be 16 years old to book a submission for themselves, otherwise, a Booking can be completed by a parent or legal guardian who gives consent for them to access tuition. Student Users must ensure that all of their personal details and contact information are accurate and up-to-date. We will make reasonable efforts to verify, where a child is below the age of 16, that consent is given/authorised by the holder of parental responsibility over the child.
5.3. Student Users have up to 12 hours before their first lesson with a new Teacher User is due to commence to confirm the Booking.
5.4. Students do not pay Teacher Users directly. Student Users’ participation in the Service is funded by Sponsors.
5.5. Students agree that there will be no attempts to disintermediate jumpAgrade in any way, either at the time of Booking or at any point in the future, and that all future lessons with a Teacher User found through the Platform will be booked through jumpAgrade.
5.6. Any Student User who fails to adhere to these Terms may be barred from using the Platform and related services. jumpAgrade reserves the right to cancel any existing Bookings.
As defined at the beginning of this document, an “Adult User” means a person over the age of 18 that completes a Booking for the provision of the Service to a Student User.
6.1. jumpAgrade takes no responsibility for the actions of Adult Users and is solely responsible for its own actions.
6.2. Student Users can complete a Booking for themselves or, where the Student User is below the age of 16, a Booking can be completed by a parent or legal guardian who gives consent for them to tuition. Adult Users must ensure that all of their personal details and contact information are accurate and up to date.
6.3. Adult Users have up to 12 hours before the Student User’s first lesson with a new Teacher User is due commence to confirm the Booking.
6.4. When a Booking is confirmed by an Adult User, the relevant Student User is also bound by these Terms.
6.5. Adult Users cannot pay the Teacher User directly. Student Users’ participation in the Service is funded by Sponsors.
6.6. There will be no attempts by Adult Users to disintermediate jumpAgrade in any way, either at the time of Booking or at any point in the future, and that all future lessons with a Teacher User found through the Platform will be booked through jumpAgrade.
6.7. Any Adult User who fails to adhere to these Terms may be barred from using the Platform and related services. jumpAgrade reserves the right to cancel any existing Bookings.
As defined at the beginning of this document, “Teacher Users” means teachers employed and trained by jumpAgrade to fulfil the role of teacher/mentor for Student Users.
7.1. Teacher Users are solely responsible for their actions both on and off the Platform and are expected to conduct themselves in a professional manner at all times.
7.2. Teacher Users must be at least 18 years old.
7.3. Teacher Users are responsible for ensuring that the personal information and their personal statements on the Platform are accurate and in no way misleading. They must update this information to maintain its accuracy.
7.4. Teacher Users must disclose any criminal convictions or cautions they may have and complete a Garda vetting process.
7.5. Teacher Users agree that they will be ranked based on a mixture of profile data, ratings and number of lessons taught.
7.6. Teacher Users should confirm Bookings and respond to messages received from Student Users promptly.
7.7. Teacher Users should make no attempts to solicit Student Users or disintermediate in any way, either at the time of Booking or at any point in time.
7.8. Teacher Users must not complete coursework, or any similar assignments, on behalf of Students Users.
7.9. Teacher Users must ensure that all written communication with Student Users takes place on the Platform.
7.10. Teacher Users shall indemnify jumpAgrade for all claims and liabilities arising out of use by the Teacher User of the platform, including costs and expenses incurred.
7.11. Teacher Users agree that any Intellectual Property Rights arising from the provision of the Service vests, will vest, and have always vested, automatically in jumpAgrade. Teacher Users hereby assign absolutely to jumpAgrade by way of present and future assignment, all right, title and interest in and to the Intellectual Property Rights. Teacher Users hereby waive irrevocably and absolutely his/her moral rights arising under the Copyright and Related Rights Act 2000 (as Amended) (and any rights of the same or similar effect anywhere in the world existing now or in the future created) in or relating to the Intellectual Property Rights.
7.12. Any Teacher User who fails to meet these Terms may be immediately discontinued from using the Platform and related services. jumpAgrade reserves right to cancel existing Bookings at any time.
7.13. Teacher Users are responsible for checking that Bookings are made within the agreed time frame.
8.1. By using Our Site you confirm that all the information you provide when you create a profile, place a Booking, and/or engage with jumpAgrade is true and accurate and that you will keep this information up-to-date.
8.2. You agree that when using Our Site and interacting with other Site Users that you will:
8.3. We have the right to remove any material posted on Our Site and reserve the right to suspend, restrict or terminate your access to Our Site at Our sole discretion and at any time without notice to you if We have reasonable grounds to believe that you have breached any of the Terms, breached any law or are misusing Our Site.
8.4. jumpAgrade CLG has a right to take any appropriate action against you in order to defend Our rights or those of any other person.
9.1. When you use Our Site, register for the Service, make a Booking with us etc. your personal data may be processed and stored by jumpAgrade CLG.
9.2. For more information about how jumpAgrade CLG uses your personal information and Our security processes and policies, please read Our Privacy Policy. Please note that when you agree to these Terms you shall also be deemed to have read and agreed to Our Privacy Policy in its entirety.
10.1. All the subjects offered in the ‘Our Services’ section of Our Site are subject to availability, including the availability of particular Teacher Users, meaning We may not always be able to meet demand at all times. We will inform you as soon as possible if the desired subject that you wish to begin with is not available and, if agreeable to you, We may offer an alternative option.
10.2. The Service allows messaging and sharing of information between Student Users and Teachers Users.
10.3. When Booking the Service or registering on Our Site it is your responsibility to ensure that the information you provide to Us is accurate information. If any of the details previously provided to Us require updating, you can update these details by contacting Us at the contact details listed in Clause 27 of these Terms.
10.4. You must access and use the Service only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) the Service in ways that:
10.5. You warrant that any contribution to Our Site with the acceptable purposes of the Terms, and you will be liable to Us and indemnify Us for any breach of that warranty. This means you will be responsible for any loss or damage We suffer as a result of your breach of warranty.
11.1. When registering a profile as a Teacher User you will have to provide Us with certain compulsory personal information as listed in Section 10.3 above. Please see Our Privacy Policy for more information on how your personal information will be used.
11.2. When you register a Teacher User profile We may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of Our Site to maintain your profile security. It is your responsibility to maintain the confidentiality of your password and profile information.
11.3. If you have any problems whilst registering your profile please contact Us.
11.4. The assignment of Teacher Users to a Student User is solely at the discretion of jumpAgrade CLG.
11.5. You are responsible for keeping your device and your profile safe and secure, and you must notify Us promptly of any unauthorised use or security breach of your profile.
12.1. jumpAgrade provides the Service directly to students for the relevant academic year. The students' place is funded by the Sponsor's donation. jumpAgrade is the principal supplier of the Service.
12.2. Please note that these Terms do not affect your statutory rights as a consumer.
12.3. For more information on your statutory rights, contact your local trading standards authority or the equivalent consumer advice body. If you have any questions, complaints or comments relating to the supply of the Service, or these Terms, please contact jumpAgrade CLG. Contact details are set out in Clause 27 of these Terms or can be found on the ‘Contact’ section of Our Site.
13.1. Occasionally, access to Our Site and/or the supply of the Service you signed up to may be delayed or prevented for reasons beyond jumpAgrade CLG’s control, such as events in nature and other force majeure events. Where this is the case, we will make every effort to keep you informed but shall be under no liability to you for such delay or failure where payment has not been taken.
13.2. Access to Our Site may be interrupted, including for maintenance, repairs, upgrades, or platform failures.
14.1. A student can cancel their commitment to engaging with jumpAgrade at any time. While we hope this won’t be the case, Our intention is only to support students and where discontinuing with the Service is felt by the student to be the best option for them, we will fully support that decision.
14.2. Paragraphs within this Section 14 are not intended to be a full statement of all your rights under the Directive. For further information about your statutory rights, contact your local trading standards authority or local consumer advice centre.
15.1. To the extent permitted by applicable law, jumpAgrade CLG disclaims all representations and warranties, express or implied, that content or information displayed in or on Our Site is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
15.2. By using Our Site and the Service you agree that We are not responsible for third parties' content or information or for any damages as a result of your use of or reliance on such content or information.
15.3. By submitting content which is subsequently made available on Our Site to the general public, you assume all risks associated with the content. This includes any reliance placed on the quality, accuracy, and completeness of the information provided by businesses and other visitors to Our Site.
15.4. Purposefully submitting content which is known to be incorrect or misleading may attract personal liability. You also assume the risk associated with submitting illegal or immoral content which violates any law or regulation.
Damage to your computer or other device15.5. jumpAgrade CLG uses reasonable efforts to ensure that Our Site is free from viruses and other malicious or harmful content. However, We cannot guarantee that your use of Our Site (including any content on it or any platform accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use Our Site safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, jumpAgrade CLG shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via Our Site.
Links to other platforms15.6. jumpAgrade CLG has a Memorandum of Understanding in place with Jumpagrade Technology Ltd - a technology platform that is embedded within the jumpAgrade site to enable teachers and students to work together using research-backed software to improve quality of feedback and engagement. It is a key part of the jumpAgrade service delivery model.
15.7. jumpAgrade CLG have placed links on Our Site to other platforms We think you may want to visit that will enhance the learning experience. We do not have control over the content of these platforms nor do We vet these platforms. You agree, should you access a linked platform from Our Site, that We are not responsible for the content of these platforms, including any advertising or products made available to you through such sites. Furthermore, jumpAgrade CLG will not be responsible for any offence, damage or loss caused by or connected to your use of such platforms except where required by applicable law. Your use or reliance on such third party information is at your own risk.
15.8. Any services provided by a third party in connection with Our Site may be subject to additional terms of service. It is your responsibility to review and familiarise yourself with these terms.
16.1. You agree that all Intellectual Property Rights in all material or content (including, but not limited to, logos, graphics, photographs, animations, videos, text, data compilation, audio and/or visual clips, music, software and any combination of the foregoing) supplied or made available on Our Site is owned or licensed by jumpAgrade CLG and is protected by applicable copyright laws and treaties throughout the world. You are only permitted to use these materials/content as expressly authorised by Us or Our licensors.
16.2. You may use, download and print content on Our Site solely for your own personal use or personal non-commercial use. Other than for your own personal use or internal business purposes, you may not without jumpAgrade CLG’s prior written consent:
16.3. Except as set out at Sections 16.1 and 16.2 above, you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content.
16.4. The ‘jumpAgrade’ trademark as well as all trademarks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear as part of the Service, on Our Site, advertisements, whether registered or not (the “Trade Marks”), are and remain the exclusive property of jumpAgrade CLG and/or its partners and/or licensors and are proprietary marks protected by applicable copyright laws and treaties throughout the world and may not be reproduced or otherwise without Our express permission.
Ownership of rights and user content16.5. All comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to jumpAgrade CLG on or through Our Site or otherwise disclosed, submitted or offered by you when using the Service shall become and remain the property of jumpAgrade CLG once submitted. If you acquire any copyright or other Intellectual Property Rights in Our Site (whether by operation of law or otherwise), then you agree to assign those rights to jumpAgrade CLG (including any rights you may have in user generated content that you submit through Our Site) on a worldwide basis absolutely to the fullest extent permitted by law. You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to Our Site, if applicable in your jurisdiction.
16.6. You further agree to execute all such documents and do all such acts and things as We may reasonably require in order to assign any such rights to jumpAgrade CLG and to waive any moral rights you acquire in or to Our Site, if applicable in your jurisdiction.
16.7. You accept sole responsibility for your conduct and any information that you upload, share, exchange or display on Our Site, including for the accuracy of the information uploaded. Any material that you upload to Our Site, including all material provided as part of the Service (apart from your personal data), will be considered non-confidential and non-proprietary and jumpAgrade CLG have the right to use, copy, distribute and disclose to third parties any such material for any purpose. jumpAgrade CLG also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Our Site as part of the Service constitutes a violation of any of their rights, including Intellectual Property Rights or of their right to privacy. The provision of information in such circumstances will be solely at the discretion of jumpAgrade CLG.
16.8. jumpAgrade CLG will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other Site Users and you hereby agree to be responsible to jumpAgrade CLG for and indemnify jumpAgrade CLG and keep jumpAgrade CLG indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by jumpAgrade CLG as a result of any claim in respect of your use of Our Site and or any Service we provide to you.
16.9. jumpAgrade CLG has the right to remove any material or posting you make on Our Site at jumpAgrade CLG’s sole discretion.
17.1. Nothing in these Terms shall exclude or limit jumpAgrade CLG’s liability for personal injury or death caused by their negligence or for fraud or fraudulent misrepresentation. In addition, these Terms shall not limit or exclude any other liability that is not permitted to be limited or excluded by applicable law.
17.2. You have certain rights as a consumer, including legal rights relating to services provided without proper care and diligence, or incorrectly described services. For further information about your legal rights in your country, contact your local trading standards department or equivalent consumer advice body. Nothing in these Terms will affect these legal rights.
17.3. The Service supplied to you by jumpAgrade CLG will be supplied with proper care and diligence by sufficiently skilled and trained staff and if the Service is not of satisfactory quality, you can contact jumpAgrade CLG for a refund on any order made.
17.4. jumpAgrade CLG is only responsible for losses that are a natural, foreseeable consequence of Our breach of these Terms. We will not be liable to you if We are prevented or delayed from complying with Our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond Our reasonable control.
17.5. In any event, jumpAgrade CLG will not be liable, arising out of or in connection with these Terms for any:
17.6. jumpAgrade CLG will not be liable for any breach by you of the applicable laws of the country in which you are resident in connection with the Service We supply or have supplied to you.
17.7. The aggregate liability of jumpAgrade CLG under these Terms shall not exceed five times the most recent fee that you paid for any Services We provided to you, if any.
18.1. jumpAgrade CLG excludes all representations, warranties, conditions and terms (whether expressed or implied by statute, common law or otherwise) to the fullest extent permitted by law. jumpAgrade CLG accepts no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms or your use of Our Site.
18.2. Except to the extent required by applicable law, jumpAgrade CLG shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on Our Site.
18.3. These exclusions shall be governed by and construed in accordance with law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect validity and enforceability of the remaining provisions.
19.1. You may not assign or sub-contract or otherwise any of your rights or obligations under these Terms to any third party without the written consent of jumpAgrade CLG.
19.2. jumpAgrade CLG may assign, transfer, novate or sub-contract any of its rights and obligations under these Terms to any company or any other third party at its discretion, provided that your rights under these Terms are not affected.
Only you and jumpAgrade CLG shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms.
No relaxation or delay by jumpAgrade CLG in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed with you and the relevant party in writing.
If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
23.1. These Terms, all transactions and any matters arising out of your use of Our Site (including any contract entered between you and jumpAgrade CLG through Our Site) shall be governed by Irish law and subject to the non-exclusive jurisdiction of the courts of Ireland.
23.2. Section 23.1 does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside, and you additionally enjoy the protection afforded to you by the mandatory provisions of the law of the country where you reside.
24.1. These Terms and any documents expressly referred to in them constitute the entire agreement between jumpAgrade CLG and you and supersede any and all prior arrangements, terms, conditions, warranties and/or representations between jumpAgrade CLG and you, relating to the subject matter of any contract, to the fullest extent permitted by law, whether oral, written or otherwise.
24.2. In agreeing to these Terms, (and the documents referred to herein), jumpAgrade CLG and you warrant that none of the parties are relying on any statement, representation, assurance or warranty of any person (whether a party to that contractor is not other than as expressly set out in these Terms.
24.3. jumpAgrade CLG and you agree that the only rights and remedies available to the parties arising out of or in connection with your use of Our Site and/or the Service shall be for breach of contract as provided in these Terms.
25.1. jumpAgrade CLG reserves the right, at their sole discretion, to change, modify, add or delete any part of these Terms at any time. Any changes to the Terms will be posted on Our Site by jumpAgrade CLG and the date at the top of these Terms will be amended to show when these Terms were last revised. We will exercise commercially reasonable business efforts to provide you with reasonable advance notice and the opportunity for you to review any material changes to the Terms. If you don't agree to the material changes you should stop using the Service.
25.2. jumpAgrade CLG recommends that you revisit these Terms regularly to keep informed of the current Terms that apply to your use of Our Site and the supply of the Service to you.
25.3. Your continued access and use of Our Site and the Service after any changes or updates constitutes your acceptance of the new Terms. It is your responsibility to regularly check Our Site and determine if there have been any changes to these Terms.
Any material you upload to Our Site (that is not of a sensitive nature) will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such information submitted by you for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Our Site or any jumpAgrade CLG-related third party social networking site constitutes a violation of their rights, including Intellectual Property Rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other Site User. We have the right to remove any information submitted by you on Our Site if, in Our opinion, such information does not comply with these Terms.
If you have any questions, complaints or comments relating to Our Site, the Service, the supply of the Service or these Terms please contact Us on the details below: [email protected]