These Terms of Service ("Terms") govern the provision of tutoring, homeschooling, and related educational services by Elara Tuition Academy ("Elara", "we", "our", or "us"). By registering for, accessing, or using our services, you (the "Client", "Parent/Guardian", or "Student") agree to be legally bound by these Terms.

These Terms are drafted in accordance with applicable laws of the Republic of Kenya, including but not limited to the Law of Contract Act (Cap 23), Consumer Protection Act, 2012, Data Protection Act, 2019, and other relevant regulations.

1. Definitions

• Academy refers to Elara Tuition Academy.
• Client refers to the parent, guardian, or adult learner registering for services.
• Student refers to the learner receiving tuition services.
• Tutor refers to an independent contractor engaged by Elara to deliver tutoring services.
• Services refers to all tutoring, homeschooling, academic support, and related services provided by Elara.
• Session refers to a scheduled tutoring lesson of agreed duration.
• Online Platform refers to Elara Online Learning.

2. Scope of Services

Elara provides private tutoring, homeschooling, exam preparation, and academic support services across various curricula. Services may be delivered in-person or online, depending on the option selected by the Client.

Elara facilitates, coordinates, and manages service delivery. Tutors operate as independent contractors and not as employees or agents of the Client.

Elara reserves the right to determine tutor allocation, instructional methods, lesson structure, academic materials, and delivery platforms.

3. Registration

By registering on Elara’s website, the Client confirms that all information provided is accurate, complete, and up to date. Elara reserves the right to suspend or terminate services if false, misleading, or incomplete information is provided.

Successful registration constitutes an offer to engage Elara’s services and is deemed accepted upon confirmation and receipt of payment.

4. Tutor Allocation

• Tutor allocation is subject to availability, curriculum requirements, and the Student’s academic needs.
• Upon successful registration and payment, Elara requires up to twenty-four (24) hours to allocate a tutor.
• Elara does not guarantee the allocation of a specific tutor.

5. Commencement of Learning

• Tutoring and homeschooling services shall not commence until full payment of the agreed fees for the relevant week or billing period has been received.
• Any sessions scheduled prior to payment confirmation are provisional and may be cancelled without notice.

6. Online Tutoring

All online tutoring services offered by Elara Tuition Academy are delivered through its affiliated digital learning platform, Elara Online Learning.

By selecting the online tutoring option, the Client and Student acknowledge and agree that:

• All virtual lessons, learning materials, assessments, recordings, and communications will be conducted via Elara Online Learning.
• Students and Clients are required to comply with the Terms of Service, policies, and acceptable use guidelines of Elara Online Learning, in addition to these Terms.
• Failure to comply with Elara Online Learning’s terms may result in suspension or termination of online access without refund.

Elara Tuition Academy shall not be liable for service disruptions, access limitations, or disciplinary actions arising from a Student’s breach of Elara Online Learning’s Terms of Service.

7. Fees and Payments

• All fees are quoted in Kenya Shillings (KES) unless otherwise stated.
• Fees are payable in advance on a weekly or agreed billing cycle basis.
• All tuition fees once paid are strictly non-refundable, whether due to cancellation, absence, dissatisfaction, or early termination.
• Missed sessions by the Student are chargeable unless otherwise agreed in writing.

Elara reserves the right to revise fees with reasonable notice.

8. Cancellations, Rescheduling, and Missed Sessions

• A minimum of twenty-four (24) hours’ notice is required to cancel or reschedule a session.
• Sessions cancelled with less than 24 hours’ notice, or missed without notice, shall be charged in full.
• Repeated cancellations or no-shows may result in suspension or termination of services.

9. Tutor Replacement

Elara may, at its discretion, replace a tutor due to availability, performance concerns, or unforeseen circumstances. Replacement tutors will be matched as closely as possible to the Student’s needs.

10. Prohibition of Direct Engagement

Clients shall not engage Elara tutors directly for private services outside the Academy.

• Any such engagement during service provision or within twelve (12) months after termination constitutes a material breach.
• Elara reserves the right to seek compensation, injunctive relief, or other legal remedies.

11. Client Responsibilities

The Client agrees to:

• Ensure the Student attends sessions punctually and prepared.
• Provide a safe, quiet, and conducive learning environment.
• Supervise minors during sessions where appropriate.
• Promptly communicate concerns that may affect learning.

12. Code of Conduct

To maintain a safe, respectful, and effective learning environment, all Students and Clients are required to adhere to the following standards of conduct:

• Students shall treat tutors, staff, and fellow learners with respect and courtesy at all times.
• Abusive, discriminatory, threatening, harassing, or inappropriate language or behaviour (verbal, written, or digital) is strictly prohibited.
• Students shall comply with tutor instructions, lesson rules, and platform usage guidelines.
• Academic dishonesty, including cheating, plagiarism, or misuse of learning materials, is prohibited.
• Any misuse of online platforms, including unauthorised recordings, sharing of content, or disruptive behaviour during online sessions, is strictly forbidden.

Elara reserves the right, at its sole discretion, to:

• Issue warnings or corrective guidance;
• Suspend sessions temporarily; or
• Immediately terminate services without notice or refund in cases of serious misconduct, abuse, safety concerns, or repeated violations.

13. Academic Outcomes Disclaimer

Elara does not guarantee specific grades, examination results, or academic outcomes. Academic performance depends on factors including student effort, attendance, and assessment standards.

14. Limitation of Liability

To the fullest extent permitted by law:

• Elara shall not be liable for indirect, incidental, or consequential damages.
• Elara’s total liability shall not exceed the fees paid for the relevant billing period.
• Elara is not responsible for loss, damage, or injury during in-home tutoring unless caused by gross negligence.

15. Data Protection and Privacy

Elara processes personal data in accordance with the Data Protection Act, 2019 (Kenya). By using our services, you consent to data processing as outlined in our Privacy Policy.

16. Intellectual Property

All learning materials, content, and resources provided by Elara remain the intellectual property of the Academy and may not be reproduced, shared, or distributed without prior written consent.

17. Termination of Services

Elara reserves the right to suspend or terminate services without refund in the event of:

• Non-payment of fees
• Breach of these Terms
• Misconduct or inappropriate behaviour
• Prohibited engagement with tutors

18. Force Majeure

Elara shall not be liable for failure or delay in performance due to events beyond its reasonable control, including acts of God, strikes, internet outages, or government restrictions.

19. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the Republic of Kenya.

Disputes shall first be resolved amicably. Where unresolved, disputes shall be submitted to the courts of Kenya.

20. Amendments

Elara reserves the right to amend these Terms at any time. Continued use of services constitutes acceptance of revised Terms.

By registering for our services, you confirm that you have read, understood, and agreed to these Terms of Service.