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.  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.
• 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.