All courses provided by Body compass (positive steps cic) are subject to the following terms and conditions:
1. The Company provides distance learning courses (“courses”) for qualifications awarded by FOCUS AWARDS.
2. The Company reserves the right to decline to accept any application for enrolment on any course. On certain courses, you may be required to undertake a telephone interview before enrolment. If your enrolment is accepted, but it transpires that the course is not appropriate for you, the Company shall be entitled to cancel your enrolment at any time.
3. Whilst the Company will take all reasonable steps to make courses as inclusive as possible, participation in any course requires that you are able to understand spoken English and write and read in English to GCSE level 2 Standard or equivalent.
4. Upon enrolment for any course, you agree to pay for the course and required to pay a deposit. This is subject (if applicable) to any right of cancellation you may have by law to cancel the course and any contractual cancellation right agreed by the Company. Please note that in addition to any rights you may have to cancel the course, you may have a separate right to cancel any related credit agreement. Canceling the credit agreement does not however automatically cancel your course and you will still be liable to pay for the course unless you have also exercised any right you may have to cancel the course. All deposits paid and depositable fees are non-refundable and are exempt from the cancelation policy.
5. For all courses, payment arrangements must be agreed before enrolment and may consist of payment in full before the course commencement, payment by FCC instalment plan or by loan finance. Where payment is by FCC instalment plan, the Company may assign the right to receive unpaid instalments. Where loan finance is required, enrolment will be delayed until the loan finance has been agreed upon.
6. If you have elected to pay by FCC instalment plan, you may terminate your participation on the course at any time by giving 2 months’ notice in writing. The notice should be sent to the Student Liaison Officer at the Company’s address set out in the enrolment form. If you do so, you will still be liable:
- to make any payment already outstanding at the date you give notice; and
- to make any further payment that falls due during the notice period.
7. Subject to clause 6, you shall pay your FCC instalment plan promptly each month. If you default in making any payment when due, the Company shall have the right to exclude you from the course until the arrears are paid. The Company shall be entitled to make an additional charge for any additional costs incurred by it as the result of your default. If your default shall continue for more than 30 days, the Company shall be entitled to cancel your enrolment by giving you 2 months’ notice. If the Company cancels your enrolment as a result of your default for more than 30 days, you will have to pay:
- any outstanding payments at the date of cancellation of your enrolment plus the monthly instalments falling due during your notice period;
- interest on all outstanding payments and payments due during your notice period calculated daily from the due date until date of payment, after as well as before any judgment, at the rate equivalent of 6.9% APR; and
- any other additional costs the Company incurs as a result of your default.
8. You will be entitled to cancel your enrolment in the cases referred to in clauses 15 and 16 where statutory cancellation rights apply.
9. You will not be entitled to withhold payment or receive any refund of fees, regardless of whether you undertake or complete all sections of your course, unless you have exercised a right to cancel your course, as stated herein. Course enrolments are not transferable.
10. If the whole or part of the course fees are paid by means of a loan from the Company or in full or through our agreed monthly payment plans, or by a third party lender on terms that the Company will reimburse such fees to the lender if you default in your payments to the lender, and if you default in your repayments, the Company shall have the right to cancel or suspend your enrolment, without prejudice to your liability to the Company in respect of such fees.
11. Unless otherwise stated, the course fees do not include registration or certification fees payable by the student to FOCUS AWARDS or any other accrediting bodies, nor do the course fees include examination fees, whether payable to the Company or an external examination provider. Where such fees are payable by the Company, it shall have the right to pass on the amount of such fee or any increase of such fee notified to it after the date of enrolment. These are non-refundable fees.
12. If you wish to defer an examination to be taken with the Company, a minimum of 14 days’ notice must be given. If you fail to attend an examination with the Company without the Company’s written agreement and have to re-book, a further fee will be payable. In the event of an examination being canceled due to any unforeseen circumstances, any compensation will be limited to the amount paid for such examination by the student. The cost of any re-sits shall be borne by you. Examinations with external providers will be subject to their terms and conditions.
13. All courses must be completed within two years from the date of enrolment unless otherwise agreed.
14. Overseas students shall be responsible for paying any import or export duties or taxes that may be imposed.
15. In accordance with The Consumer Contracts Regulations 2013 (Information, Cancellation and Additional Charges), you have a cooling-off period in which you may cancel your enrolment by giving notice to the Company in writing or by email. This right expires 14 days from the date of your first receipt of course materials. But the course deposit is exempt from this and is non-refunable. In the case of practical training workshops, this right expires 14 days from the date of contract (normally the date when you make your first payment) or upon your practical training workshop commencing (if sooner). Where there is a related credit agreement, your cancellation notice will also cancel the credit agreement. In the event of cancellation, all course materials must be returned to the Company in good condition at your own expense. All cancelation must be submitted within 14 days cooling-off period and must be in a written or typed format signed by the learner.
16. In the case of distance learning courses supplied electronically, you must not download or stream such courses during the 14 day cancellation period as you will not have the right to change your mind and cancel your enrolment after you have downloaded or streamed the course.
17. The Company warrants that all course materials will be prepared with reasonable care and skill. Subject thereto, the Company shall have no liability to any person for any loss or damage or expense, however occurring or incurred, whether direct or indirect, resulting from your participation in the course. The Company’s liability in any event, except for death or personal injury resulting from its negligence, shall be limited to the fees paid by you for participating in the course.
18. Opinions expressed by the course tutor represent his/her own views and not necessarily those of the Company and the Company shall have no responsibility for them.
19. You agree to observe the Company’s rules notified to you in writing or by any other means.
20. The Company may cancel your enrolment without reimbursement of fees if you commit a serious or repeated breach of the enrolment terms or the Company’s rules or are guilty of malpractice.
21. All intellectual property rights in the courses and the course materials are owned or licensed by the Company. Copying, adaptation or other use without the written permission of the Company is prohibited.
22. Any telephone calls may be recorded by the Company for administrative or training purposes. Unless otherwise stipulated in your enrolment form, the Company may use your personal data for administrative purposes and may keep this information for a reasonable period and may contact you by email, mail, SMS or telephone to let you know about any courses or promotions which might be of interest to you. If you have booked the course for another person, you confirm that they have authorised you to act for them, to consent to the processing of their personal data and to receive any fair collection notices on their behalf.
23 .If you have booked the course for another person, these terms and conditions shall be binding on you and the student and references herein to “you” shall mean or include the student, where appropriate. It shall be your responsibility to ensure that these terms and conditions are brought to the notice of the student and you shall indemnify the Company against any loss, damage or liability resulting from your failure to do so.
24. From time to time, the Company may vary the content of and/or the qualification(s) relating to its courses to take account of new regulations or the requirements of FOCUS AWARDS or other accrediting bodies for which an additional charge may be made if such change occurs after the date of your enrolment.
25. Completion of the course does not guarantee your competence to perform work or your ability to gain employment in the relevant field and the Company makes no representation as to such competence or ability. In undertaking any work, you must take care to ensure that the work is within your competence and you must seek further instruction or supervision, if necessary. Any statement made to you by the Company regarding the likelihood of obtaining employment and/or your potential earnings shall be treated as a matter of opinion and shall be non-binding.
26. You must complete all payments and successfully complete your course prior to the issue of your certification.
27. Initial course materials will be sent to you within 21 days of enrolment. If you do not receive them within this period, you should notify the Company immediately. Otherwise, the Company shall be entitled to assume that you have received them.
28. Any complaint about the course should be notified to the Student Liaison Officer at the Company’s address set out in the enrolment form or by email to [email protected]
29. Any notice to be given by either party to the other may be properly given by posting it to the address of the other party shown on the enrolment form or to such other address as the other party shall have notified in writing as its address for service of notices.