Terms & Conditions

Please read our terms and conditions carefully (particularly the section on cancellation).

All our courses are offered on the basis that these terms and conditions are incorporated into our contract.  By signing up for one of our courses, you are deemed to accept these terms and conditions. If you do not agree to these terms and conditions you cannot attend our courses.

Definitions

For the purposes of these terms:

“the Academy”, “we” and ”us” means The Cotswold Academy, a trading name of Terapeutica Limited, company number 7757391.  Our address is Cotswold Academy- Complementary Health & Sport, 24 Thomas Street, Cirencester, Gloucestershire GL7 2BD.  Our telephone number is 01285 885122.  Our e-mail address is [email protected] and our website address is www.cotswoldacademy.co.uk

“you” means the student attending our course

“course” means the course designed, developed or offered by us including any revision or updates to the course as we may make from time to time and includes CPD/Masterclass training days

“course materials” means the physical working material relating to any of our courses including any revisions or updates that we may make from time to time and may be in any format of our choosing

“CPD training day” means training day(s) offered to maintain and meet up to date continuing professional development requirements.

1.     Academy rules

1.1.   Personal hygiene

1.1.1.         You must maintain a high standard of personal hygiene at all times whilst at the Academy as body contact on course days of this nature is unavoidable

1.1.2.         Hair should be worn away from the face and tied back if necessary.  Nails should be short, clean, neat and free of varnish.

1.2.   Clothing

1.2.1.         You must wear clean clothing and shoes at all times whilst at the Academy

1.2.2.         For Massage, Reflexology and Aromatherapy courses: female students must wear a therapy tunic and male students must wear a plain black polo shirt, both of which are supplied by us and paid for by you. The cost of the tunic/polo shirt is included in the course fee. Students should provide their own black trousers. Legging style trousers are not acceptable. For more information on what style of trousers to wear, please contact us.

1.2.3.         For Sports Massage courses: female and male students must wear a plain black polo shirt, which is supplied by us and paid for by you. The cost of the polo shirt is included in the course fee. Students should provide their own black/dark blue gym trousers.

1.2.4.         All students should wear flat black shoes for all courses.  For Sports Massage courses, plain black or white trainers are permitted.

1.2.5.         No jewellery can be worn during practical classes.  Minimum jewellery is allowed in theory sessions (for example wedding/engagement ring and small earrings).  No other visible body piercing is allowed to be worn at any time.

1.3.   General

1.3.1.         We adopt a strict no smoking policy on our entire premises including the toilets.

1.3.2.         No food or drink will be allowed in the classrooms. A kitchen and common area/room is provided for food to be consumed and for drinks.

1.3.3.         Mobile phones must be switched off and packed away during lessons and practical training except with the prior agreement of the course tutor.

1.3.4.         We will not accept or tolerate any

1.3.4.1.             violence, bad language, intimidation or any form of unsocial behaviour;

1.3.4.2.             possession, use or attempt to sell drugs or illegal substances of any kind;

1.3.4.3.             vandalism or malicious damage to our premises and belongings or those of other students.

1.3.5.         You are responsible for all your own personal property and we will not accept responsibility or liability for any loss or damage to your property.

1.3.6.         You must behave in a mature and responsible manner at all times when attending a course.  Respect and privacy must be observed at all times.

1.3.7.         You must contact us immediately to advise if you are going to be absent.  You may not miss a lecture without prior written authority from our principal or, in his absence, from your course tutor.  Examination regulations state that you must attend at least 80% of the course to be able to sit an examination.

1.3.8.         We do not offer parking at our premises. Please visit our website for a link to parking.

1.3.9.         During course contact days, we will provide models for you to work on. We do ask however that you supply your own model for your mock and "real" exam- the dates of which will be given to you when attending your course.

1.4.   Breach of rules

1.4.1.         For any breach of the Academy rules we reserve the right to effect an immediate expulsion from the course (with no refund given) and, where appropriate, send a report to the police.

1.4.2.         For any breach of the Academy rules that does not result in immediate expulsion, you will receive a verbal warning. When you have received two verbal warnings any further breach not resulting in expulsion will bring a final written warning. If breaches of the rules continue you will be expelled from the course with no refund given.

1.4.3.         For any breach of the Academy rules resulting in expulsion from the course, we will not be liable for any consequential loss, damage, expenses or any other consequential compensation whatsoever.

 

2.     Course Materials

2.1.   We will make reasonable efforts to ensure all course materials are up to date, accurate and of suitable quality.  However, we accept no liability for any errors or omissions.

2.2.   You must inspect the course materials as soon as reasonably practical after they are supplied to you (and no later than 48 hours in any event).  You must notify us if you find any errors or omissions.

2.3.   All copyright and other intellectual property relating to course materials are either owned or licenced to us.  Copying, adapting or any other use of the course materials is strictly prohibited, without prior written permission from us.

 

3.     Payment and refunds

3.1.   Payment:

3.1.1.         All course fees quoted are subject to the addition of VAT at the prevailing rate.

3.1.2.         A non-refundable and non-transferable deposit of 25% is payable upon enrolment for all of our courses.

3.1.3.         The outstanding balance for a course is payable no later than 4 weeks prior to the course commencement date.  Failure to pay the full balance due by this date will result in your course reservation being lost and we reserve the right to retain the deposit and any other payments made to us in full.

3.1.4.         If you wish to resit an examination or resubmit any written work which forms part of a course, we reserve the right to make an additional charge to cover the costs involved.

3.1.5.         At our sole discretion, we may consider payment by instalments for courses.  We will require a written request from you, and an additional administrative charge of £75 + VAT will be added to the usual course fee.  We will detail the instalment plan in writing to you, and any default will render the full payment due within 7 days.

3.1.6.         For all payments via PayPal and credit cards, an additional charge of 2.5% will be made.  Instalment plan payments cannot be made via Paypal. 

3.1.7.         An administrative fee of £25 + VAT will be made for any returned cheques or cancelled payments.

3.2.   Refunds: 

3.2.1.         There will be no refund of deposits or other payments if you fail to attend or complete a course for any reason (including personal issues, change in personal circumstances, change of mind or relocation).

3.2.2.         There will be no refund of deposits or other payments made for CPD training days for any reason.

3.2.3.         At our sole discretion, we may consider refund or transfer of any deposit or payment made for a course if non-attendance is as a result of serious illness.  However, we will require a doctor’s certificate before considering the exercise of this discretion.

3.3.   Cancellation:

3.3.1.         It may be that your contract with us is covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.  Under those Regulations we are obliged to give you certain information, so we give that information for all contracts.  Similarly, under those Regulations, you have rights to cancel the contract, so we apply that right to cancel to all contracts we enter into.

3.3.2.         You have the right to cancel your contract with us as set out in the Notice of Cancellation at Appendix 1 (can be found towards end of T&Cs) to these terms and conditions.

3.3.3.         If you exercise your right to cancel a course which has commenced before the cancellation period expires, you will be liable to us for our reasonable fees for the work we have carried out up to the date of cancellation.  If the entire course has been completed prior to cancellation, then you lose your right to cancel.  You acknowledge that these terms and conditions constitute notice of your loss of the right to cancel in these circumstances.

 

4.     Liability and insurance

4.1.   Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent) or any other implied warranty, condition or any other term, or any duty, common law or under the express terms of the contract, for any loss of profit or any indirect, special or consequential loss, damage, cost, expenses or any other claims (whether caused by the negligence by ourselves or servants or otherwise) including, without limitation, loss of anticipated profits, goodwill, reputation, business receipts or contracts or losses or expenses resulting in third party claims which arise out of or in connection with the provision of our services or their use by the customer. Our entire liability under or in connection with the contract whether for negligence, breach of contract, misrepresentation or otherwise shall not in any circumstances exceed the amount of our fees for the course provided.

4.2.   We shall only be liable to you under the above clause if a written claim is received by us within 14 days of the date of the course you attended.

4.3.   We agree to maintain adequate public liability insurance to cover the services we provide and our premises with a reputable insurance company.  Upon written request we will provide you with copies of certificates of insurance. These are also displayed in the kitchen area of our premises.

4.4.   In the unlikely event that we are unable to provide the booked course we will endeavour to book you on the next available same course or alternatively we will refund the full amount of the sum paid for the course, at our complete discretion. This will be our maximum liability and we will not be liable for any other consequential loss, damages, expenses or any other consequential compensation whatsoever.

4.5.   We may at any time (and without prior notification) make changes to the format of the course which are necessary to comply with any applicable safety or statutory requirements, or which do not materially affect the nature or quality of the course. We reserve the right to add to or amend the scheme of work without prior notice and to alter our opening hours.

4.6.   The paying for and/or attending a course with us does not guarantee a qualification, diploma or certificate of achievement. These are gained by successful completion of the course assignments, assessments and examinations. It is the decision of the awarding bodies to pass a student for qualification. We are not responsible for any loss as a result of a student failing to achieve a pass in the course. If you fail to attend the necessary 80% of the course and under examination regulations are not submitted for the examination then we will not be liable for any other consequential loss, damages, expenses or any other consequential compensation whatsoever.

4.7.   If you are asked to leave the course for non-payment of instalments, we will not be liable for any other consequential loss, damages, expenses or any other consequential compensation whatsoever.

 

5.     Complaints and Disputes

5.1.   Most of our students are delighted with our service, but on the rare occasion there is an issue, we want to deal with it promptly and effectively.  Therefore if you are unhappy about any aspect of our service, please follow the complaints procedure at Appendix 2 to these terms and conditions.

5.2.   Mediation

5.2.1.         If any dispute arises in connection with this agreement, you and we agree to enter into mediation to settle such a dispute.

5.2.2.         To initiate the mediation a party must give notice in writing to the other party in the dispute, referring the dispute to mediation

5.2.3.         Unless agreed within 14 days of that notice, the parties agree that the mediator will be nominated by the Civil Mediation Council.  The costs of the mediator will be shared equally between the parties.

5.2.4.         The parties agree that neither of them will commence any court proceedings in relation to the dispute until either the mediation process has concluded, or the mediator has concluded that the matter is not suitable for mediation (provided that the right to issue proceedings is not prejudiced by a delay).

 

6.     Miscellaneous provisions

6.1.   These terms and conditions apply to the whole agreement between us and you and supersede any previous agreement or understanding

6.2.   Any variation to these terms and conditions (including any special terms or conditions agreed between the parties) shall be invalid unless agreed by us and signed to that effect by us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf in entering into a contract with us.  All other terms and conditions expressly implied or statutory are otherwise excluded to the fullest extent permitted by law.

6.3.   This contract shall be governed and construed in accordance with the laws of England, and where necessary, the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

6.4.   We are committed to ensure your privacy is maintained and respected.  We will happily supply copies of our privacy policy and data protection policy upon request.


APPENDIX 1 

NOTICE OF THE RIGHT TO CANCEL

You have the right to cancel this contract within 14 days without giving any reason.  The cancellation period will expire 15 days after the contract was made (usually the day you booked and paid for a course).

To exercise the right to cancel, you must inform Chris Phillips, Cotswold Academy of Health and Beauty, 24 Thomas Street, Cirencester, Gloucestershire GL7 2BD or [email protected] clearly stating you wish to cancel the contract. You may find it easier to use the cancellation form below, but you don’t have to. 

To meet the cancellation deadline, you just need to send your communication before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you.

We will make the reimbursement without delay, and no later than –

(a)    14 days after the day we receive back from you any goods supplied, or

(b)   (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

(c)    if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of the reimbursement.

In the case of sales contracts in which we have not offered to collect the goods in the event of cancellation we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

If we have begun the performance of services during the cancellation period, you will pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full sum due under the contract. This may be the full sum due.                                                                                                                                                         

CANCELLATION FORM

To: Chris Phillips, Cotswold Academy of Health and Beauty, 24 Thomas Street, Cirencester, Gloucestershire GL7 2BD, telephone 01285 885122, e-mail [email protected]

Your name:  ………………………………………………………………………

Your address:  …………………………………………………………………………………………………………………………………………

Name of course:  …………………………………………………………………….

I wish to cancel the contract for the supply of the above course.

Signed:  ……………………………………………


APPENDIX 2

COMPLAINTS PROCEDURE

Most of our students are delighted with our service, but on the rare occasion there is an issue, we want to deal with it promptly and effectively.  Please therefore follow this procedure.

  1. If you are unhappy about any aspect of our service, please contact The Academy on 01285 885122 or [email protected]
  2. If we believe the matter can be dealt with informally, then we will do our best to resolve the problem immediately.
  3. If we don’t believe the matter can be dealt with informally (or informal resolution was unsuccessful), then the following procedure will be used:
    1. We will send you a letter or e-mail acknowledging the compliant within 3 working days of receipt.  We will ask you to clarify or confirm any further details we need.  We will tell you the name of the person who will deal with your complaint.
    2. We will investigate your complaint thoroughly, and aim to send a detailed reply to you within 15 working days of sending the acknowledgement.
    3. Before we send the detailed reply, we may invite you to a meeting to discuss your complaint.  The meeting can be held face to face, by phone or by Skype call to suit you.
    4. If you are still not satisfied with what we have done, you can contact us again to review our decision.  One of our directors will then review everything.  This will not be the director who carried out the initial investigation.  We will aim to send you the outcome of the review within 15 working days of receiving your request for review.  This will be our final position on your complaint.
    5. If you are still not satisfied with what we have done, you may take whatever further steps you consider appropriate.  We respectfully remind you of the provisions of clause 5.2 of the terms and conditions regarding mediation.

Updated November 2016