Our Terms and Conditions:
- These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you and these will be both additional and supplemental to terms also included in the “Student Contract”.
1.2 Why you should read them. Please read these terms carefully before you submit your application to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Information about us and how to contact us
2.1 Who we are. We are ACADEMY OF PLAY AND CHILD PSYCHOTHERAPY LIMITED a registered company. Our company registration number is 03597869 and our registered office is at The Coach House, Belmont Road, Uckfield, East Sussex, TN22 1BP.
2.2 How to contact us. You can contact us by telephoning our team at 01825 761143 or by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your application.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
3.1 How we will accept your order. Our acceptance of your order to use the services (the “order”) will take place when we write to you to accept it at which point a contract will come into existence between you and us. The contract will incorporate these terms, the Student Contract and any other documents provided by us to you.
3.2 Once we have accepted your order. You agree that the services provided to you are as stated in the order and that, subject and without prejudice to the remainder of these terms, you will not be entitled to withdraw from the contract.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services.
- Your rights to make changes
4.1 If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- Our rights to make changes
5.1 Minor changes to the services. We may change the services:
(a) to reflect changes in relevant laws and regulatory requirements ; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the services.
- Providing the services
6 .1 When we will provide the services. We will supply the services to you from the date set out in the order for the period set out in the order (the term).
6.2 We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
6.3 Reasons we may suspend the services. We may have to suspend the services to:
(a) deal with technical or operational problems or make minor technical or operational changes;
(b) update the services to reflect changes in relevant laws and regulatory requirements;
6.4 Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 1 week we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract if we suspend the services, or tell you we are going to suspend them, in each case for a period of more than 1 week and we will refund any sums you have paid in advance for services not provided to you.
6.5 We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the service. As well as suspending the services we can also charge you interest on your overdue payments.
- Contract Term and Termination.
7.1 The contract will last for the term and shall be for the period as outlined in the order. If you neither attend nor complete the term nor receive the services for any reason, save for those in the remainder of this clause 7 then you will not be entitled to any refund of any sum paid by you.
7.2 If the contract ends before the end of the term for a reason set out below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
(a) there is a risk, as determined in our absolute discretion, that the services may be significantly delayed because of events outside our control; or
(b) we suspend the services for our own operational or technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 1 week.
7.3 If the contract is ended for any reasons outside those set out in clause 7.2, the contract will, subject to clauses 7.4, 7.5 and 7.6, end immediately but we may retain any sums paid in advance in respect to the term.
7.4 You have the right to cancel this contract within 14 days of its execution without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
7.5 If you cancel this contract before the supply of services, we will reimburse to you payments received from you less and costs that have been incurred by us. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7.6 If performance of services has commenced during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
- Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due; or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
(c) do not comply with the terms as shown in the Student Contract.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will not refund any money you have paid in advance for services we have not provided.
8.3 We may stop providing the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 4 weeks in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.
- If there is a problem with the services
9.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us.
9.2 Summary of your legal rights. See the box below at clause 10 for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
- Price and payment and deposit
10.1 Where to find the price for the services. The price of the services (which will include VAT if VAT is applicable) will be the price set out at the date of your order.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of any applicable VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
10.3 When you must pay and how you must pay. You must make an advance payment of 100% of the price of the services, before we start providing them. Once we start providing the services you are not, without prejudice to clause 7, entitled to any refund if you do not use all of the services made available to you.
10.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.5 We may take a deposit in order to secure your entitlement to receive the services. Our services have significant demand in them and so if you cancel your order before you receive the services then we may have foregone a customer who would have received the services. The deposit becomes non-refundable once you have formally accepted a place on a course, or if you fail to decline your course offer within 5 working days of receipt of your offer. After this point, your deposit will not be refunded to compensate us for any customer that we may have turned away.
10.6 Your course fees. Depending on a student’s payment option, some or all of their course fees will be due six to ten weeks before the course commences. This applies for all APAC/PTUK course types. All course fees that have been paid become non-refundable from 4 weeks before the course starts, expect for mitigating circumstances. If the change in circumstances is on our end, the procedure for this is set out in clause 7. If the change in circumstances is on the part of the student, refunds will be dealt with on a case-by-case basis. We reserve the right to reject refund requests if the 4 week cut-off period has passed.
If a student is on a payment option that involves paying in more than one instalment, instalments paid after the course commences will become instantly non-refundable upon payment, even if the student chooses to withdraw before the course is complete, if a student chooses to withdraw they must still pay the full fees as stipulated in their student contract.
All course fees must be paid before the third weekend of the course. If this condition is not met, students will be barred entry to the course’s third weekend, and all marking will be suspended until the full fees have been paid. If students miss any weekends due to this, they are required to make up the time with the course director at their own expense after any outstanding bills have been settled.
- Our responsibility for loss or damage suffered by you
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the.
11.3 We are not liable for business losses. We only supply the services for private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.4 We are not liable for expenses costs. Subject to the remainder of this clause 11.4, we accept no liability under any circumstances for either your travel or accommodation costs incurred in order to attend either our courses or events incurred by you more than 2 weeks prior to attending any of our courses. We will only reimburse either your travel or accommodation cots subject to clauses 11.5, 11.6 and 11.7, if we cancel a course or event less than 2 weeks in advanced of its scheduled commencement date.
11.5 Any reimbursement for transport will be limited to any irrecoverable costs incurred by you for second class train travel regardless of the actual fee paid.
11.6 Any reimbursement for accommodation will be limited to any irrecoverable costs incurred by you up to a limit of £50 (including VAT) per night for up to 7 days.
11.7 Any claim for reimbursement must be accompanied by proof of purchase and will be considered at the Company’s absolute discretion.
- How we may use your personal information
12.1 How we will use your personal information. We will use the personal information you provide to us to:
(a) provide the services;
(b) process your payment for such services; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
- Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation
13.2 You may only transfer your rights under our guarantee to someone else. You may only transfer your rights or your obligations under these terms to another person with our written consent.
13.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
13.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.