TERMS AND CONDITIONS
BACKGROUND:
This agreement applies as between you, the User of this
Website and Kent Sports Academy Limited, the owner(s) of this Website.
Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25
of these Terms and Conditions is deemed to occur upon your first use of the
Website. Clauses 3 and 12 – 14 apply only to the sale of Services.
If you do not agree to be bound by these Terms and Conditions, you should stop
using the Website immediately.
No part of this Website is intended to constitute a
contractual offer capable of acceptance. Your order constitutes a
contractual offer and Our acceptance of that offer is deemed to occur upon Our
sending a confirmation email to you indicating that your order has been
accepted.
1. Definitions and
Interpretation
In this Agreement the following terms shall have the
following meanings:
- "Account":
means collectively the personal information, Payment Information and
credentials used by Users to access Paid Content and / or any
communications System on the Website;
- "Content":
means any text, graphics, images, audio, video, software, data
compilations and any other form of information capable of being stored in
a computer that appears on or forms part of this Website;
- "Facilities":
means collectively any online facilities, tools, services or information
that Kent Sports Academy Limited makes available through the Website
either now or in the future;
- "Services":
means the services available to you through this Website, specifically the
provision of the specified courses;
- "Payment
Information": means any details required for the purchase of Services
from this Website. This includes, but is not limited to, credit /
debit card numbers, bank account numbers and sort codes;
- "Premises":
Means Our place(s) of business located at Epps Building, Bridge Road,
Ashford, Kent TN23 1BB;
- "System":
means any online communications infrastructure that Kent Sports Academy
Limited makes available through the Website either now or in the future.
This includes, but is not limited to, web-based email, message boards,
live chat facilities and email links;
- "User"
/ "Users": means any third party that accesses the Website and
is not employed by Kent Sports Academy Limited and acting in the course of
their employment;
- "Website":
means the website that you are currently using
(www.kentsportsacademy.co.uk) and any sub-domains of this site unless
expressly excluded by their own terms and conditions; and
- "We/Us/Our":
means Kent Sports Academy Limited, a company registered in England under
08348941 of Epps Building, Bridge Road, Ashford, Kent TN23 1BB.
2. Age Restrictions
Persons under the age of 18 should use this Website only
with the supervision of an Adult. Payment Information must be provided by
or with the permission of an Adult.
3. Business Customers
These Terms and Conditions apply to customers procuring
Services in the course of business.
4. Intellectual Property
- 4.1
Subject to the exceptions in Clause 5 of these Terms and Conditions, all
Content included on the Website, unless uploaded by Users, including, but
not limited to, text, graphics, logos, icons, images, sound clips, video
clips, data compilations, page layout, underlying code and software is the
property of Kent Sports Academy Limited, Our affiliates or other relevant
third parties. By continuing to use the Website you acknowledge that
such material is protected by applicable United Kingdom and International
intellectual property and other laws.
- 4.2
Subject to Clause 6 you may not reproduce, copy, distribute, store or in
any other fashion re-use material from the Website unless otherwise
indicated on the Website or unless given Our express written permission to
do so.
5. Third Party Intellectual Property
- 5.1
Unless otherwise expressly indicated, all Intellectual Property rights
including, but not limited to, Copyright and Trademarks, in product images
and descriptions belong to the manufacturers or distributors of such
products as may be applicable.
- 5.2
Subject to Clause 6 you may not reproduce, copy, distribute, store or in
any other fashion re-use such material unless otherwise indicated on the
Website or unless given express written permission to do so by the
relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be re-used without written
permission where any of the exceptions detailed in Chapter III of the Copyright
Designs and Patents Act 1988 apply.
7. Links to Other Websites
This Website may contain links to other sites. Unless
expressly stated, these sites are not under the control of Kent Sports Academy
Limited or that of Our affiliates. We assume no responsibility for the
content of such websites and disclaim liability for any and all forms of loss
or damage arising out of the use of them. The inclusion of a link to
another site on this Website does not imply any endorsement of the sites
themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites
may do so only to the home page of the site www.kentsportsacademy.co.uk without
Our prior permission. Deep linking (i.e. links to specific pages within
the site) requires Our express written permission. To find out more please
contact Us by email at admin@kentsportsacademy.co.uk or
andy@kentsportsacademy.co.uk.
9. Use of Communications Facilities
- 9.1
When using any System on the Website you should do so in accordance with
the following rules. Failure to comply with these rules may result
in your Account being suspended or closed:
- 9.1.1
You must not use obscene or vulgar language;
- 9.1.2
You must not submit Content that is unlawful or otherwise
objectionable. This includes, but is not limited to, Content that
is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 9.1.3
You must not submit Content that is intended to promote or incite
violence;
- 9.1.4
It is advised that submissions are made using the English language(s) as
We may be unable to respond to enquiries submitted in any other
languages;
- 9.1.5
The means by which you identify yourself must not violate these Terms and
Conditions or any applicable laws;
- 9.1.6
You must not impersonate other people, particularly employees and
representatives of Kent Sports Academy Limited or Our affiliates; and
- 9.1.7
You must not use Our System for unauthorised mass-communication such as
"spam” or "junk mail”.
- 9.2
You acknowledge that Kent Sports Academy Limited reserves the right to
monitor any and all communications made to Us or using Our System.
- 9.3
You acknowledge that Kent Sports Academy Limited may retain copies of any
and all communications made to Us or using Our System.
- 9.4
You acknowledge that any information you send to Us through Our System may
be modified by Us in any way and you hereby waive your moral right to be
identified as the author of such information. Any restrictions you
may wish to place upon Our use of such information must be communicated to
Us in advance and We reserve the right to reject such terms and associated
information.
10. Accounts
- 10.1
In order to procure Services on this Website and to use certain other
parts of the System, you are required to create an Account which will
contain certain personal details and Payment Information which may vary
based upon your use of the Website as We may not require payment
information until you wish to make a purchase. By continuing to use
this Website you represent and warrant that:
- 10.1.1
all information you submit is accurate and truthful;
- 10.1.2
you have permission to submit Payment Information where permission may be
required; and
- 10.1.3
you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty. - 10.2
It is recommended that you do not share your Account details, particularly
your username and password. We accept no liability for any losses or
damages incurred as a result of your Account details being shared by
you. If you use a shared computer, it is recommended that you do not
save your Account details in your internet browser.
- 10.3
If you have reason to believe that your Account details have been obtained
by another person without consent, you should contact Us immediately to
suspend your Account and cancel any unauthorised orders or payments that
may be pending. Please be aware that orders or payments can only be
cancelled up until provision of Services has commenced. In the event
that an unauthorised provision commences prior to your notifying Us of the
unauthorised nature of the order or payment.
- 10.4
When choosing your username you are required to adhere to the terms set
out above in Clause 9. Any failure to do so could result in the
suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
- 11.1
Either Kent Sports Academy Limited or you may terminate your
Account. If We terminate your Account, you will be notified by email
and an explanation for the termination will be provided. Notwithstanding
the foregoing, We reserve the right to terminate without giving reasons.
- 11.2
If We terminate your Account, any current or pending orders or payments on
your Account will be cancelled and provision of Services will not
commence.
12. Services, Pricing and Availability
- 12.1
Whilst every effort has been made to ensure that all general descriptions
of Services available from Kent Sports Academy Limited correspond to the
actual Services that will be provided to you, We are not responsible for
any variations from these descriptions as the exact nature of the Services
may vary depending on your individual requirements and circumstances.
This does not exclude our liability for mistakes due to negligence on Our
part and refers only to variations of the correct Services, not different
Services altogether. Please refer to sub-Clause 13.8 for incorrect
Services.
- 12.2
Where appropriate, you may be required to select the required package of
Services.
- 12.3
We neither represent nor warrant that such Services will be available at
all times and cannot necessarily confirm availability until confirming
your Order. Availability indications are not provided on the
Website.
- 12.4
All pricing information on the Website is correct at the time of going
online. We reserve the right to change prices and alter or remove
any special offers from time to time and as necessary.
- 12.5
In the event that prices are changed during the period between an order
being placed for Services and Us processing that order and taking payment.
- 12.6
All prices on the Website include VAT.
13. Orders and Provision of Services
- 13.1
No part of this Website constitutes a contractual offer capable of
acceptance. Your order constitutes a contractual offer that We may,
at Our sole discretion, accept. Our acceptance is indicated by Us
sending to you an order confirmation email. Only once We have sent
you an order confirmation email will there be a binding contract between
Kent Sports Academy Limited and you.
- 13.2
Order confirmations under sub-Clause 13.1 will be sent to you before the
Services begin and shall contain the following information:
- 13.2.1
Confirmation of the Services ordered including full details of the main
characteristics of those Services;
- 13.2.2
Fully itemised pricing for the Services ordered including, where
appropriate, taxes, delivery and other additional charges;
- 13.2.3
Relevant times and dates for the provision of the Services;
- 13.3
[Order confirmations can also be provided on paper at your request.]
- 13.4
If We, for any reason, do not accept your order, no payment shall be taken
under normal circumstances. In any event, any sums paid by you in
relation to that order will be refunded within 14 calendar days.
- 13.5
Payment for the Services shall be taken via your chosen payment method at
time of ordering OR as indicated in the order confirmation.
- 13.6
Provision of Services shall commence, as indicated in the order
confirmation. If the Services are to begin within 14 calendar days of
Our acceptance of your order, at your express request, you will be
required to expressly acknowledge that your statutory cancellation rights,
detailed below in Clause 14, will be affected.
- 13.7
Kent Sports Academy Limited shall use all Our reasonable endeavours to
provide the Services with reasonable skill and care, commensurate with
best trade practice.
- 13.8
In the event that Services are provided that are not in conformity with
your order and thus incorrect, you should contact Us immediately to inform
Us of the mistake. We will ensure that any necessary corrections are
made.
- 13.9
Additional terms and conditions may apply to the provision of certain
Services. You will be asked to read and confirm your acceptance of
any such terms and conditions when completing your Order.
14. Cancellation of Orders and Services
- 14.1
If you are a consumer based within the European Union, you have a
statutory right to a "cooling off" period. This period
begins once your order is confirmed and the contract between Kent Sports
Academy Limited and you is formed and ends at the end of 14 calendar days
after that date. If you change your mind about the Services within
this period and wish to cancel your order, please inform Us immediately
using admin@kentsportsacademy.co.uk. Your right to cancel during the
cooling off period is subject to the provisions of sub-Clause 14.2
- 14.2
As specified in sub-Clause 13.6, if the Services are to begin within the
cooling off period you are required to make an express request to that
effect. [This request forms a normal part of the ordering
process.] By requesting that the Services begin within the 14
calendar day cooling off period you acknowledge and agree to the
following:
- 14.2.1
If the Services are fully performed within the 14 calendar day cooling off
period, you will lose your right to cancel after the Services are
complete.
- 14.2.2
If you cancel the Services after provision has begun but is not yet
complete you will still be required to pay for the Services supplied up
until the point at which you inform Us that you wish to cancel. The
amount due shall be calculated in proportion to the full price of the
Services and the actual Services already provided (Minimum of £75 to a maximum of £380). Any sums that
have already been paid for the Services shall be refunded subject to
deductions calculated in accordance with the foregoing. Refunds,
where applicable, will be issued and in any event no later than 14
calendar days after you inform Us that you wish to cancel and/or any physical good have been returned in original condition.
- 14.3
Cancellation of Services after the 14 calendar day cooling off period has
elapsed shall be subject to the specific terms governing those Services
and may be subject to a minimum contract duration.
- 14.4
Any discounted offers or special discounted prices or bookings that
included more than one course as added value are not included in the
cooling off period. By accepting a discount you relinquish your right to a
cooling off period.
15. Privacy
- 15.1
Use of the Website is also governed by Our privacy policy which is incorporated into these Terms
and Conditions by this reference. To view the Privacy Policy, please click on the link above.
- 15.2
[The Website places the following cookies onto your computer or
device. These cookies are used for the purposes described
herein. Full details of the cookies used by the Website and your
legal rights with respect to them are included in Our Terms and Conditions.
[By accepting these Terms and Conditions, you are giving consent to Kent
Sports Academy Limited to place cookies on your computer or device.
Please read the information contained in the Privacy Policy prior to
acceptance.]
- 15.3
[If you wish to opt-out of Our placing cookies onto your computer or
device, please act in accordance with the instruction on the website.
You may also wish to delete cookies which have already been placed.
For instructions on how to do this, please consult your internet browser’s
help menu.]
16. How We Use Your Personal Information (Data
Protection)
- 16.1
All personal information that We may collect (including, but not limited
to, your name and address) will be collected, used and held in accordance
with the provisions of the Data Protection Act 1998 and your rights under
that Act.
- 16.2
We may use your personal information to:
- 16.2.1
Provide Our Services to you;
- 16.2.2
Process your payment for the Services; and
- 16.2.3
Inform you of new products and services available from Us. You may
request that We stop sending you this information at any time.
- 16.3
In certain circumstances (if, for example, you wish to purchase Services
on credit), and with your consent, We may pass your personal information
on to credit reference agencies. These agencies are also bound by
the Data Protection Act 1998 and should use and hold your personal
information accordingly.
- 16.4
We will not pass on your personal information to any other third parties
without first obtaining your express permission.
17. Disclaimers
- 17.1
We make no warranty or representation that the Website will meet your
requirements, that it will be of satisfactory quality, that it will be fit
for a particular purpose, that it will not infringe the rights of third
parties, that it will be compatible with all systems, that it will be
secure and that all information provided will be accurate. We make no
guarantee of any specific results from the use of our Service or Services.
- 17.2
No part of this Website is intended to constitute advice and the Content
of this Website should not be relied upon when making any decisions or
taking any action of any kind.
- 17.3
No part of this Website is intended to constitute a contractual offer
capable of acceptance.
- 17.4
Whilst We use reasonable endeavours to ensure that the Website is secure
and free of errors, viruses and other malware, you are strongly advised to
take responsibility for your own internet security, that of your personal
details and your computers.
18. Changes to the Facilities and these Terms and
Conditions
We reserve the right to change the Website, its Content or
these Terms and Conditions at any time. You will be bound by any changes
to the Terms and Conditions from the first time you use the Website following
the changes. If We are required to make any changes to these Terms and
Conditions by law, these changes will apply automatically to any orders
currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
- 19.1
The Website is provided "as is" and on an "as
available" basis. We give no warranty that the Website or
Facilities will be free of defects and / or faults. To the maximum
extent permitted by law We provide no warranties (express or implied) of
fitness for a particular purpose, accuracy of information, compatibility
and satisfactory quality.
- 19.2
We accept no liability for any disruption or non-availability of the
Website resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and
censorship.
20. Limitation of Liability
- 20.1
To the maximum extent permitted by law, We accept no liability for any
direct or indirect loss or damage, foreseeable or otherwise, including any
indirect, consequential, special or exemplary damages arising from the use
of the Website or any information contained therein. You should be aware
that you use the Website and its Content at your own risk.
- 20.2
Nothing in these Terms and Conditions excludes or restricts Kent Sports
Academy Limited’s liability for death or personal injury resulting from
any negligence or fraud on the part of Kent Sports Academy Limited.
- 20.3
Nothing in these Terms and Conditions excludes or restricts Kent Sports
Academy’s liability for any direct or indirect loss or damage arising out
of the incorrect provision of Services or out of reliance on incorrect
information included on the Website.
- 20.4
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 these
Terms and Conditions and shall not affect the validity and enforceability
of the remaining Terms and Conditions. This term shall apply only
within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions
fails to exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and
Conditions and any prior versions thereof, the provisions of these Terms and
Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any
rights upon any third party. The agreement created by these Terms and
Conditions is between you and Kent Sports Academy Limited.
24. Communications
- 24.1
All notices / communications shall be given to us either by post to Our
Premises (see address above) or by email to
admin@kentsportsacademy.co.uk. Such notice will be deemed received 3
days after posting if sent by first class post, the day of sending if the
email is received in full on a business day and on the next business day
if the email is sent on a weekend or public holiday.
- 24.2
We may from time to time, if you opt to receive it, send you information
about Our products and/or services. If you do not wish to receive
such information, please email admin@kentsportsacademy.co.uk
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you
and Kent Sports Academy Limited shall be governed by and construed in
accordance with the Law of England and Wales and Kent Sports Academy Limited
and you agree to submit to the exclusive jurisdiction of the Courts of England
and Wales.
26. Course booking
Terms and Conditions:
1. Definitions of course booking terms and conditions.
1.1
"Application” means an application for enrolment in a short course.
1.2
"Academy” means Kent Sports Academy Limited, Epps Building, Bridge Road,
Ashford, Kent TN23 1BB UK;
1.3 "Contract”
means the Application, these Booking Terms and Conditions and the Special Terms
and Conditions;
1.4 "Course”
means a short course at the Academy in respect of which an Application has been
made by or on behalf of a Participant;
1.5 "Course
Fees” means the fees payable in respect of a Course as set out in the Course
outline;
1.6 "Special
Terms and Conditions” means the terms and conditions contained in the Course
outline and on the Course website;
1.7 "Start
Date” means the Course start date as set out in the Course outline and on the
Course website;
1.8
"Participant” means the person in respect of whom an Application has been made.
2. Applications
2.1 These
Booking Terms and Conditions apply to the enrolment of the Participant in the
Course and provision of such Course by the Academy. The Academy and the
Participant are bound by the Contract upon acceptance by the Academy of the
Application made by or on behalf of the Participant in accordance with clause
2.2. The Contract forms the entire agreement between the Academy and the
Participant with respect to the Course. Where there is any inconsistency
between these Booking Terms and Conditions and the Special Terms and
Conditions, the Special Terms and Conditions will take precedence.
2.2 The
Academy may, in its sole discretion, accept or reject an Application and notify
the Participant in writing or by email accordingly.
2.3 The
payment of any sum intended to be in respect of Course Fees by or on behalf of
the Participant does not oblige the Academy to accept an Application.
3. Payment terms
3.1 The
Participant is liable to the Academy for the Course Fees. The Course Fees are
due on the earlier of (i) at the time of submission of the Application, or,
(ii) if an invoice for Course Fees is requested by the Participant at the time
of submission of the Application, within 7 days after the date of such invoice
issued by the Academy. If an Application is rejected by the Academy after
payment of the Course Fees, the Course Fees as paid will be refunded in full.
3.2 If the
Course Fees have not been received by the Academy in full by the due date, the
Academy may exclude the Participant from the Course without a refund.
3.3 The
Academy accepts payment from individuals by MasterCard, Visa Credit Card, Visa
Debit Card and via bank transfer (BACS). Where payment is made by bank
transfer, the Participant must notify the Academy of the payment by email with
date and amount of payment (Payment by Credit card will incur a fee set by the
Card Company - currently 2.5%).
3.4 The
Academy accepts payment from companies and organisations by bank transfer.
3.5 All
payments of Course Fees must be made in pounds sterling and are inclusive of
VAT and other taxes where applicable. Any currency conversion costs or other
charges incurred in connection with the payment of Course Fees are to be paid
in addition to the Course Fees. No deduction from the Course Fees for such
costs or charges may be made.
3.6 Course
fees include one attempt on each course booked of each unit. (i) Including
summative assessment, multiple choice exam, worksheet, case study, formative
assessment and other updated sections of the course. (ii) Extra fees will be
incurred by the learner if a retake is require for a second retake or attempt
which is limited to 3 per course.
3.7 Re-takes
fees are listed on the 'course details' sent with course information pack.
3.8 Where a learner has fees outstanding, the course certificate will not be claimed until learners account is settled in full.
3.9 Payment must be made in full 1 month before the start of the course start date specified when booking, failure to make this payment can result in the loss of the deposit and booking space.
3.91 A monthly payment plan is only available for course fees over a £1000, any amount below one thousand pounds must be agreed before paying a deposit for any course. The deposit is none refundable under any circumstances.
3.92 Monthly payments must be made on the 1st of each month by GoCardless. GoCardless is a automated Direct Debit website that direct the payment to Kent Sports Academy.
4. Cancellation and Amendment of Courses by
the Academy
4.1 Courses
have minimum required attendance levels and the Academy reserves the right to
cancel or postpone the Course if the minimum required number of Participants
has not been accepted for the Course.
4.2 The
Academy also reserves the right to:
4.2.1 change
or amend the Course structure or content;
4.2.2 change
or amend the individuals responsible for organising or delivering the Course,
including the course director; and
4.2.3 change
the Course venue.
4.3 The
Academy will endeavour to inform Participants about cancellations,
postponements, and amendments to the Course with as much notice as possible.
4.4 If the
Course is cancelled by the Academy, Course Fees received by the Academy in
respect of the Course will be refunded in full.
4.5 If the
Course is postponed or an amendment is made to a Course, the Participant may
elect to attend the Course as postponed or amended or to receive a refund. In
the event that a Participant elects to receive a refund the Participant must
inform the Course Administrator by email to: admin@kentsportsacademy.co.uk The Participant is advised to keep evidence
of the date on which such notice is sent. Requests for refunds will be
acknowledged in writing.
5. Cancellation and Amendment of Courses by
the Participant
5.1 If the
Participant wishes to cancel their Application for a Course before payment of
the Course Fees, the Participant may do so in writing only. The Participant
will receive email notification of the cancellation upon receipt of the letter.
If no such written notification is received, the Participant will remain
enrolled in the Course and liable for the Course Fees. The Participant is
advised to keep evidence of any communication of the cancellation that is sent.
5.2 If the
Participant wishes to cancel their enrolment in a Course after acceptance of
their Application by the Academy and before payment of the Course Fees, the
Participant may do so by notifying the Course Administrator by email to:
admin@kentsportsacademy.co.uk
The Participant
will not be liable for the Course Fees. If the Participant so cancels their
enrolment in a Course more than 42 days before the Start Date, the Participant
will be liable to pay to the Academy an administration fee of £100 which can be
paid as set out in clauses 3.3 to 3.5.
5.2.1
Deposits to book a place on a Course are Non-Refundable due to administration.
5.2.2 Once a
deposit or full payment has been made to secure a place on a course,
Participants will agree to adhere to Kent Sports Academy’s Terms and
Conditions.
5.3 If the
Participant wishes to cancel their enrolment on a Course after payment of the
Course Fee, the following rules apply:
5.3.1 For
cancellations received more than 42 days before the Start Date, the Course Fee
will be refunded as paid less £100 admin fee and Non-refundable deposit and £50
for each Awarding Organisation online learning resources (if applicable) and
the booking Non-Refundable deposit.
5.3.2 For
cancellations received less than 42 days before the Start Date no refund will
be made. However, an option to move the course to another date can be made for
an admin fee of up to £275 per course. Places can only be taken if there if
space available on the chosen course, an email must be sent with full details
of the intentions to: admin@kentsportsacademy.co.uk
5.4 If the
Participant fails to attend the Course no refund of Course Fees will be made.
5.5
Participants are responsible for complying with all United Kingdom entry and
visa requirements and for obtaining the necessary consents to enable their
participation in the Course. The rejection of a visa or other entry application
by the British authorities does not affect the terms set out in these Booking
Terms and Conditions and the Participant will remain liable for the Course Fee.
5.6 All of
the above refund scales will only apply to Course Fees received in full and
that have not been discounted from the original fee.
5.7 Any
course booked that has been discounted or paid monthly will not have any right
to a refund or part refund.
5.8
Participants who agree to pay monthly are bound for the full fee even if the
course isn’t completed.
6. Provision of Courses
6.1 The
Participant will be solely responsible for determining whether the Course is
sufficient and suitable for the needs of the Participant. The Academy does not
provide any guarantee in respect of the standard of a Participant’s abilities
on completion of the Course.
6.2 The
Participant will provide the Academy with all information reasonably requested
by the Academy in connection with the Course.
6.3 Fees
include the services set out in the Course advertisement as amended by the
Academy and usually include access to all parts of the course and the
facilities, course materials, administrative support, and a Certificate.
6.4 Course
Fees do not include travel, accommodation, subsistence, insurance or other
costs that might arise prior to or during the term of the Course.
6.5 The
Participant agrees to apply with all applicable policies and regulations of
the Academy.
6.6 The
Academy reserves the right to remove the Participant from a Course or exclude a
Participant from Academy premises if the behaviour or demeanour of the
Participant is considered unacceptable.
6.7 The
Participant warrants that it has all necessary visas, permissions and consents
required for their stay in the United Kingdom and attendance of the Course.
7. Limitation of Liability
7.1 Subject
to clause 7.3, the liability of the Academy to the Participant with respect to
the provision of the Course, the cancellation, postponement, or amendment or
the Course, any negligence, any breach of the Contract, or arising in any other
way out of the subject-matter of these Booking Terms and Conditions, will not
extend to:
7.1.1 any
indirect losses or damages, or to any loss of profits, loss of contracts or
opportunity, whether direct or indirect, even if the Academy had been advised
of the possibility of those losses or if they were within the Academy’s
contemplation; or
7.1.2 any
costs or expenses incurred by any person or organisation in connection with
travel, accommodation, reservations or other arrangements.
7.2 In any
event, subject to clause 7.3, the liability of the Academy to the Participant
with respect to the provision of the Course, the cancellation, postponement, or
amendment or the Course, any negligence, any breach of the Contract, or arising
in any other way out of the subject-matter of these Booking Terms and
Conditions is limited to the amount of Course Fees received from or on behalf
of the Participant in respect of the Course.
7.3 Nothing
in this Agreement will operate to limit or exclude the liability of the Academy
for death or personal injury arising from the Academy’s negligence, fraud or
any other liability that, by law, cannot be limited or excluded.
7.4 Views
expressed by course Staff members are their own. The Academy does not accept
any liability for advice given or views expressed by course Staff members or in
any notes or documentation provided to Participants.
7.5 Unless
otherwise indicated, all courses are taught in English. The Academy does not
accept any liability for any losses, costs or expenses incurred by or on behalf
of the Participant in connection with the Participant’s lack of English
language knowledge.
7.6 The
Academy accepts no liability for loss or damage to the Participant’s property
and shall not provide any insurance cover whatsoever to the Participant.
7.7 The
warranties and undertakings given by the Academy in these terms and conditions
are, to the extent permitted by law, given in lieu of all implied conditions,
warranties, representations or other terms, including any relating to
satisfactory quality, fitness for a particular or any purpose, or the ability
to achieve any particular result.
8. General
8.1 The
Academy will not be liable for any failure or delay in the performance, in
whole or part, of any of its obligations in connection with the provision of the
Course arising from or attributable to acts, events, omissions or accidents
beyond its reasonable control.
8.2 These
Booking Terms and Conditions will be governed by and construed in accordance
with English Law. The English Courts will have exclusive jurisdiction to deal
with any dispute which has arisen or may arise out of or in connection with
them.
8.3 All
participants will understand that Kent Sports Academy may photograph and/or
film the Participants practical sessions/practical exams and agree to allow any
pictures/films and/or likenesses of yourself for promotional purposes. In the event that a Participant does not
choose to allow the use of the same for said purpose, Participants must inform
Kent Sports Academy in writing.
8.4 Please
note our online learning requires a minimum broadband speed of 512kb per
second. We do however recommend a speed of at least 2MB per second to assist
with your learning and the loading speed of our online learning platform.
9.
Attendance
9.1 Any
dates on the course attended must be agreed if absent prior to the first day.
9.2 The
Course requires 100% attendance in order to complete the Course.
10. Study Management
10.1 You
will be required to complete study, revision, practice the practical components
of the course in your own time as set by the course tutor. Just attendance of
the course dates alone is not sufficient. You are responsible for managing your
own study, if you miss a teaching day you will be expected to catch up in your
own time.