Terms of Service

Who operates Spark Tutor

Spark Tutor is operated by Spark Cart Sp. z o.o., Kraków, Poland, NIP 6793343949, KRS 0001198388.

Spark Cart Sp. z o.o. runs the marketplace as the tutor’s agent. It is not the provider of the lesson. Spark Cart is responsible to you for withdrawals, refunds and complaints, as set out in these Terms.

Questions about these terms go to info@spark-cart.com.

What Spark Tutor does

Spark Tutor connects approved tutors with adult learners, and with parents who book for themselves or for a family member. You choose a time and pay on Spark Tutor. The tutor provides the lesson.

Lessons take place by video call (Teams, Meet, Skype) or in person. Spark Tutor does not host the lesson and does not provide video.

Who you contract with

Spark Tutor is an online marketplace run by Spark Cart Sp. z o.o. (Kraków, KRS 0001198388, NIP 6793343949). Your contract for a lesson is with the tutor. It is made when your booking is confirmed and paid. We run the platform, take payment on the tutor's behalf and handle bookings, cancellations, withdrawals, refunds and complaints.

Is your tutor a business?

Each tutor's profile and your booking summary show whether the tutor teaches as a business (a trader) or as a private individual. This is based on what the tutor declares to us.

If your tutor is a private individual, the consumer protection laws that cover contracts with businesses do not apply to your contract with that tutor. However, Spark Cart applies the same consumer rights to every lesson booked on Spark Tutor, whether or not the tutor is a business. That includes the 14-day right of withdrawal, refunds and the complaint procedure in these Terms. Spark Cart is responsible to you for providing these rights. This does not limit any rights you have against the tutor under the law.

Who does what: the tutor is responsible for giving the lesson. Spark Cart is responsible for the platform, payments, cancellations, withdrawals, refunds and complaints.

Contact: info@spark-cart.com

Accounts

You must be 18 or older to hold an account. One email address is one account. If you are under 18, a parent or guardian can sign up and add you. You do not get your own login.

A parent or guardian can add family members of any age and book and pay for them. A family member does not get a login, including when that family member is 18 or older. The parent or guardian keeps booking and payment. When a parent adds an adult family member, the parent confirms that the adult agrees to be added and agrees that Spark Tutor will contact the parent about that adult’s lessons.

Tutors must be 18 or older. A tutor cannot be booked until Spark Cart approves the profile.

Messages

Spark Tutor lets a tutor and the adult who books exchange plain-text messages. When the lesson is for a family member, the parent or guardian is that adult. A family member does not get access to the messages.

Messages on Spark Tutor are kept as a record for both of you for 3 years. You may also contact each other outside Spark Tutor. Only messages sent on Spark Tutor are kept as that record. Spark Tutor staff can open a conversation only to resolve a dispute or a report, and both of you are told when that happens.

Price and payment

The price is the tutor’s rate for that session. It is fixed when you hold the time. Spark Tutor charges in PLN or EUR, in the tutor’s currency. You pay that lesson price.

Spark Cart Sp. z o.o. collects that payment through Stripe as the tutor’s agent. Payment to Spark Cart counts as payment to the tutor. Spark Tutor does not store your card number. Spark Tutor gives you a payment confirmation. The tutor issues your receipt or invoice.

While Stripe is in test mode, the site shows a banner that says “Test mode, no real payments”. A payment in that mode is not a real charge.

Holds

Choosing a time holds it for 30 minutes. You can cancel a hold before you pay. Cancelling a hold, or letting it expire, does not charge you.

Cancellation, complaints, and refunds

After you pay, cancellation and refunds follow the refund and cancellation policy. A cancellation you make 24 hours or more before the start, including exactly 24 hours, is a full refund of the amount you paid. A cancellation you make less than 24 hours before the start is not refunded. If the tutor cancels, or does not attend, you receive a full refund.

This rule does not affect your statutory right to withdraw from a lesson contract within 14 days of the day your booking is confirmed and paid, described in "Right of withdrawal" below. If you withdraw within that period, you get a refund in line with that section, including where the lesson is less than 24 hours away.

All complaints, including complaints about a lesson, go to Spark Cart, as described in "Complaints". Spark Cart handles every complaint and coordinates with the tutor where needed, and it replies to you itself.

Refund and cancellation policy

Complaints

If something went wrong with a lesson, a payment or the platform, tell us by email at info@spark-cart.com or through the "Report a problem" form in your account. Please include your name, your booking number, what happened and what you would like us to do. This helps us sort it out faster, but we will deal with your complaint even if something is missing.

We will reply within 14 days of receiving your complaint, by email, or on paper or another durable medium if you ask. If we don't reply within 14 days, your complaint is treated as accepted.

Out-of-court dispute resolution

Spark Cart does not currently take part in out-of-court consumer dispute resolution (ADR). If we can't resolve your complaint, our reply will say so expressly.

Free help for consumers

You can get free advice from:

• your local consumer ombudsman (powiatowy or miejski rzecznik konsumentów);
• the Voivodeship Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej), which offers mediation and permanent consumer arbitration courts;
• the consumer helpline 801 440 220 or 222 66 76 76 (working days 10:00–18:00, calls charged at your operator's rates) and the contact form at dlakonsumentow.pl;
• the consumer information service of the Office of Competition and Consumer Protection (UOKiK): prawakonsumenta.uokik.gov.pl.

If you live in another EU country, the European Consumer Centre in your own country can help with a cross-border dispute. In Poland, this is the European Consumer Centre Poland (Europejskie Centrum Konsumenckie): konsument.gov.pl, 22 55 60 600.

Right of withdrawal

If you are a consumer, you can withdraw from a lesson contract within 14 days of the day your booking is confirmed and paid (that is when the lesson contract is made), without giving a reason and at no cost, except the payment for a partly given lesson described below. This follows the Polish Consumer Rights Act of 30 May 2014 and EU rules on distance contracts for services.

How to withdraw. Tell us clearly that you are withdrawing. The main ways are the "Withdraw from this booking" button in your account, or an email to info@spark-cart.com. You can use the model withdrawal form in the appendix, but you don't have to. Sending your statement before the 14 days are up is enough. If you withdraw using the button or by email, we will confirm receipt on a durable medium (by email) without delay.

If the lesson starts within the 14 days. You can expressly ask for your lesson to start before the 14-day period ends. You do this in a separate checkbox before you pay, and you confirm that you know you will lose the right to withdraw once the lesson has been fully given (article 38(1)(1) of the Polish Consumer Rights Act). If you then withdraw during the lesson, you pay only for the part already given, in proportion to the agreed lesson price (article 35 of the Polish Consumer Rights Act). Once a lesson has been fully given, you can no longer withdraw from it.

Refunds. We refund everything you are owed without delay, and no later than 14 days after we receive your withdrawal. We use the same payment method you used, unless you expressly agree to another method that costs you nothing. Spark Cart makes the refund, including on the tutor's behalf.

Appendix: model withdrawal form

The quickest way to withdraw is the "Withdraw" button on your booking in the app, or an email to info@spark-cart.com. You can also use the form below and send it by email or by post to the address given in it.

Law that applies

The law of Poland applies to these marketplace terms. If you are a consumer, mandatory rights under Polish and European Union law still apply. These terms do not remove rights that the law does not allow to be waived. The lesson contract itself is between you and the tutor. Spark Cart’s responsibility for your consumer rights under "Who you contract with" is not affected.