Terms and Conditions

1. Definitions In this agreement “we”, “us” or “our” means Skills 4 Kids Limited whose administration office is the address below; “you” or “your” means the person named on the front of this agreement; “your family” means the person that you live with at home in a domestic relationship, whether married or cohabiting (as if husband or wife), regardless of gender, and all dependent children of either of you; and “the course” means the programme of study described on the front of this agreement.

2. This Agreement Please read these conditions carefully before signing them. If you are uncertain as to your rights under them or if you want any future explanation about them, please write to or telephone us at the address at the bottom of this page and we will help you. Alternatively you should seek legal advice if you want an independent explanation. By signing and returning this form you are acknowledging that you understand these terms and conditions and their consequences, and are agreeing to accept them and be bound by them. You must not provide false information when registering with us or providing us with your details for payment. We agree to provide the course and laptop described on the front of this agreement for the duration specified along with the support described in clause 4 below to assist you in completing the course. In return, you agree to pay the learning programme price set out overleaf at the designated time, and in the required manner, and to comply with the remaining terms and conditions herein. Note that these fees shall remain payable by you in full even if we should terminate this Agreement early in the event of your breach (see further clause 7 below).

3. Cancellation If you change your mind about undertaking a course of study you may cancel your enrolment by writing to us at the address below within 14 days of your signing this agreement. It is advisable that when sending notice of cancellation by post you do so by RECORDED DELIVERY. This will avoid any doubt and prevent any misunderstanding over whether your right of cancellation has been properly exercised

4. Support We will provide the following telephone and email tuition support in order to assist you to progress with your studies. This service is available by telephone from Monday to Friday (except bank holidays) between 12 noon and 8pm and Saturdays and Sundays between 9pm and 1pm. We will make every effort to ensure that we respond to any call or email you make within 24 hours.

5. Parental/Guardian Parents/guardians are responsible for monitoring children’s use of the Internet, and we accept no responsibility for any materials which you or your family may see whilst accessing the Internet in order to use the course.

6. Refunds After you have signed and returned to us this agreement you will be enrolled. Subject to clause 3 above, our policy is not to refund course fees once enrolment has taken place unless there are special circumstances which physically prevent a student from carrying on with the course. The refund of fees in such circumstances will be entirely at our discretion. In such special circumstances, we reserve the right to deduct from any refund any costs which we have incurred or will have to incur in the future in respect of your enrolment and subsequent refunding of fees.

7. Our Right to Terminate or Suspend Agreements If you commit a breach of this agreement we shall be at liberty to suspend your access to the course immediately, and if in the event of a breach capable of remedy, you fail to remedy it within ten (10) days of receipt of written notice from us of such breach, we shall have the right to terminate this agreement immediately by notice in writing if we so choose. We shall have the right to terminate this agreement immediately by notice in writing in the event you commit a breach of this agreement not capable of remedy. Notwithstanding any such suspension or termination, we shall be entitled to recover any outstanding payments then due from you, and in the event of such termination, we shall be entitled to recover all payments that would have become payable by you under this agreement had the termination not occurred, which payment shall become due and payable by you in full immediately upon such termination. Without prejudice to our termination and suspension rights described above, if you fail to make any payments due to us and we do not terminate the agreement, we shall no longer have to carry out any future obligations under this agreement or any other agreement between you and us until you have paid us the outstanding sums in full, and in such event all future payments due from you under the agreement shall still become due and payable by you in full, in the prescribed manner, on the due date. All course materials shall be returned to us at your cost following termination of this agreement as a result of your breach. We may also suspend your access to the course immediately if we believe on reasonable grounds that (a) there is a real risk of serious loss or damage to us or another if we do not suspend; or (b) if the law requires us to do so; or (c) if we believe on reasonable grounds that providing access to the course to you is illegal or may become illegal.

8. Password You will be provided with a password to access certain of the course materials on-line. You are responsible for maintaining the confidentiality of your password and you shall only disclose the password to your family and to no-one else, and you shall also procure that your family does not disclose it to anyone else. You must not keep your password in a place where it is capable of being copied or used by any person other than you or your family. You shall be responsible for any unauthorised disclosure or use of your password. You shall notify us immediately if you suspect that any unauthorised person has gained access to your password, and/or that it may be used without authority in any way. We shall have the right to withdraw your password and issue a new one in its place at any time. You shall not use another person’s password to access the course without our permission.

9. Access to the Course You shall only use your password to gain access to the course materials on-line for the benefit yourself and your family. You are responsible for ensuring that no-one other than you or your family access such course materials via your password. You and your family must not impersonate another person when accessing the course. You and your family shall not knowingly transmit any virus or other disabling feature when accessing the course materials on-line. For security reasons you may occasionally be required to re-authenticate yourself, for example after a period of inactivity on the connection between your browser and our server. We are not liable for any information you may lose if your browser session is terminated due to such long periods of inactivity. You must comply with all directions issued by us from time to time relating to use of your password and your access to and use of the course. You accept responsibility for all access to and use of course materials on-line, both authorised and unauthorised, that occurs via your password.

10. Posted Material You and your family shall not post or transmit materials or information when accessing the course on-line which breach any laws or regulations, or which are contrary to any standards or codes. Nor shall you or your family use the course on-line in a manner which interferes with other users, or defames, harasses, threatens, menaces or offends any person, or which inhibits any other person from accessing or using the course.

11. Course Materials and Intellectual Property Rights All intellectual property rights (including copyright) in the course materials are the property of us and / or our licensor and / or its affiliated companies. You shall not acquire any right or interest in such rights. You shall not reproduce, copy, download, broadcast, publish, distribute or otherwise deal in the course materials, including all those materials accessed on-line via your password, save as is strictly necessary in order for you and your family to study the course. You shall not modify the course materials in any way without our authority. You will only use the course materials in a manner consistent with these terms and conditions and for the sole purpose of you and your family studying the course.

12. The Course The course and course materials (including those accessed on-line via your password) are provided “as is”, and in particular no guarantee or assurance is provided by us that (a) access to the course will be available at all times and / or be uninterrupted and / or be secure and / or be free of error; (b) downloaded course materials will be free from viruses, worms, Trojan Horses or other code that manifests contaminatory or destructive properties; or (c) the course will meet your and your family’s personal requirements. Furthermore, the ease and speed at which you may access the course may be affected by Broadband performance. This is something outside our control, and you are solely responsible for the configuration of the Broadband service which you use to access the course.

13. Indemnity and Liability You will indemnify us against any liability, claim, loss, damage or other harm made against or suffered by us as a consequence of your failure to comply with any of your obligations herein. Save in respect of liability for death or personal injury caused by our negligence, and to the fullest extent permitted by law, we hereby exclude all liability to you, howsoever incurred, for any loss, damage or other harm caused to you and / or your family, whether direct or indirect, arising as a consequence of or in relation to your and your family’s use of the course and the course materials.

14. Laptops If as part of the course provided hereunder we are also providing you with the use of a laptop, then this shall remain our sole and exclusive property at all times. Whilst you are in possession of the laptop you shall (a) not sell, sub-let or otherwise part with possession or control of it; (b) not change, remove or obscure any labels or other markings which were on it when it was supplied to you; (c) not re-configure it in any way; (d) obtain all licences and permits necessary for any use you make of it, and not use it or permit your family to use it contrary to any law; and (e) indemnify us for any loss we suffer as a consequence of any damage occasioned to it whilst it is in your possession or control (other than faults and defects arising through age or wear and tear through normal usage). You shall return the laptop to us immediately upon termination, expiry or (subject to clause 3 above) cancellation of this agreement.

15. Assignments, Alterations and Suspensions You cannot assign this agreement to any third party. We reserve the right to update and/or amend all course materials and/or syllabus from time to time, at our sole discretion. Without prejudice to clause 7 above, we also reserve the right to suspend access to the course materials on-line at our discretion at any time without notice to you, and you confirm, without prejudice to the generality of clause 13 above, that we shall incur no liability to you whatsoever in such event.

16. Data Protection Your personal data is subject to current data protection legislation and our Privacy Policy and will be used by us only in relation to your course of study. Your data will also be used for the purposes of student and course administration.

17. General (a) If any part, sub-part or other discrete element or provision of this agreement may prove to be illegal or unenforceable, its other parts, sub-parts and other elements and provisions shall remain in full force and effect; (b) A failure by us to exercise any right, or act on any breach under this agreement, will not be a waiver of that right or breach; (c) Except for the right of your family to access and use the course and course materials in accordance with the provisions of this agreement, no rights to third parties are created by this agreement under the Contract (Rights of Third Parties) Act 1999; (d) We reserve our right to assign or sub-contract any of our rights under this agreement without notice; and This agreement will be governed by the law of England and any disputes arising in respect thereof shall be subject to the exclusive jurisdiction of the English and Welsh Courts.

Skills 4 Kids Limited, Unit 15, Neptune Court, Vanguard Way, Cardiff, CF24 5PG Tel: 02920 431482