RHACC Terms and Conditions

Definitions

"Conditions" means these terms and conditions.

"Cookies" means small text files which our website places on your computer's hard drive to store information about your shopping session and to identify your computer.

"Personal Information" means the details provided by you on registration.

"Course" means a course or product displayed for admission or sale on the website.

"Course Description" means that part of the website where course information, terms and conditions in respect of the individual courses are provided.

"United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands. "Users" means the users of the website collectively.

"Website" means the website located at www.rhacc.ac.uk or any subsequent URL which may replace it.

"We/us" means Richmond and Hillcroft Adult and Community College.

"You" means a user of this website.

Use of the website

Access

You are provided with access to this website in accordance with these conditions and any applications placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that: The Personal Information which you are required to provide when you register as a Learner is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information by contacting our Learner Service department by emailing info@rhacc.ac.uk or calling us on 020 8891 5907 between the advertised opening hours. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us the College, and our employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the website using your Personal Information.

Our rights

We reserve the right to: modify or withdraw, temporarily or permanently, this website (or any part thereof) or to amend these conditions with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or change the conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the Website.

Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for

 (i) the privacy practices of such websites,

(ii) the content of such websites, including (without limitation) any advertising, content, courses, goods or other materials or services on or available from such websites or resources or

(iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, courses, goods or other materials or services available on such external websites or resources.

Privacy and Use of Personal Information

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below).

• We will keep it secure and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
• When you apply through this website, we will ask you to input and will collect Personal Information from you including but not limited to your name, e-mail address, billing address, delivery address, telephone number, course selections, credit card or other payment information and a password.
• Payment for the courses is processed by CyberSource (see payments section) and taken once the enrolment is acknowledged.
• We may also collect information about where you are on the internet (e.g. the URL you came from, IP address, domain types like.co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit and any search terms that you entered on our website ("User Information").
• We may collect this information even if you do not register with us.
• You should be aware that this site is monitored and may capture information about your visit that will help us improve the quality of our service.
• You acknowledge that unless otherwise agreed in writing we have an unlimited right to use and disclose and permit the further use of any non-personal data provided by You in connection with your use of the website and such information shall be treated as non-confidential.

We confirm that any Personal Information which you provide to us and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office pursuant to the Data Protection Act 1998. The information you provide will be passed to the Education and Skills Funding Agency (the ESFA). The ESFA is responsible for funding and planning education and training for young people and adults in England, and is registered under the Data Protection Act 1998.

The information you provide will be shared with other organisations for the purpose of administration, careers and other guidance and statistical and research purposes. Other organisations with which we will share information include, the Education and Skills Funding Agency, Higher Education Statistics Agency, Higher Education Funding Council for England, educational institutions and organisations performing research and statistical work on behalf of the ESFA or its partners. The ESFA also administers the learner registration services (LRS) which will use your information to create and maintain a unique learner number (ULN). The ULN is used to enable collection and sharing of data within the education sector. The Personal Learning Record will be a lifelong record of your learning and qualifications, which will be accessible to you, organisations linked to your education and training and any other organisations you choose. For further details of how your data is shared and used by LRS and how to change who has access to your record, please see the LRS website at learningrecordsservice.org.uk/privacynotice. Individuals can opt-out of sharing participation and achievement data with those educational organisations listed in section 537A of the Education Act.Details of opting-out of data sharing can be found at learningrecordsservice.org.uk or by telephoning the LRS's Customer helpdesk on 0845 6022589.

At no time will your personal information be passed to organisations for marketing or sales purposes. From time to time students are approached to take part in learner feedback surveys by mail and phone, which are aimed at enabling the ESFA and its partners to monitor performance, improve quality and plan future provision.

We use your information only for the following purposes:

• Processing your application;
• For statistical or survey purposes to improve this website and its services to you;
• To administer this website;
• If you consent, to notify you of news, events, courses or special offers that may be of interest to you.

You agree that you consent to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

When you apply online

You will be given the option to receive information from the College by post, e-mail or telephone, about courses, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the applying process.

You may unsubscribe from our contact list at any time by replying to a promotional e-mail by clicking "unsubscribe" which is located in the footer section.

Your Personal Information may be disclosed to other businesses within the Richmond and Hillcroft Adult and Community College Group and to reputable third parties who will help process your application. The College requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company outside of the Richmond and Hillcroft Adult and Community College Group for mailing or marketing purposes.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.

Use of Cookies

We use Cookies to keep track of your current shopping session to personalise your experience and so that You may retrieve your shopping basket at any time.

Applications of courses

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your application and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data You provide when accessing or applying from the Website.

Description of courses

Every effort has been made to ensure that the information contained on this website is accurate as possible. The College reserves the right to modify or alter, without prior notice, any of the contents. This can include fees, rescheduling, cancelling or combining classes. Information may be amended should Government funding agency guidelines change. We reserve the right to cancel a course due to insufficient numbers. This is to maintain the highest quality learning environment for our students within the restriction of reduced Government funding for adult learning. Please be advised that we cannot guarantee that your class will remain in the same room or site throughout the course.

Cancellation Policy

Whilst we try to ensure that each course has the correct availability, we do not guarantee that when you apply a place will be reserved for you. In the unlikely event of you applying for a course that is discontinued or fully subscribed we will contact You with all the options for your application. Refunds are only granted under certain circumstances and in accordance with the College’s Fee Refund Policy as detailed below. Refunds will normally be issued within 28 working days of the request being received by the College.

Cooling-off period: For learners enrolling by telephone or online there is a cooling-off period of 14 days. If a learner cancels within the 14 day period, they may be entitled to a refund (less a £20 administration fee). After the 14 day cooling-off period or if any classes have been attended, this will be treated as a cancellation.

Cancelling your enrolment: For enrolments that are completed in advance of the course starting we will refund your fees provided that you notify us in writing and request your refund at least 10 working days before your course commences. If you choose to cancel your enrolment, we will charge you a 20% administration fee with a minimum of £20 per cancelled enrolment. Cancellations less than 10 days before the start of the course  or after the course  has started will be treated as a withdrawal and no refund will be given. This includes when a learner is unable to attend or continue with a course due to changes in work/family/financial commitments or if a learner is withdrawn from a course at the request of the tutor due to poor/non–attendance or conduct issues. The full fee for the course remains payable. The above conditions also apply where gift vouchers have been used to fund or part fund a course. If a gift voucher has been used for payment any refund will be in the form of a credit to the learner’s account. No cash refunds will be given for vouchers.

Credits or refunds relating to illness: If student becomes ill during the period of their course they may apply for a credit which will enable them to re-enrol at a later date. Credits are valid for one year. A refund will only be granted if the condition is permanent and prevents them from continuing. The credit or refund will be calculated on a pro-rata basis from the date of the last class attended. A credit cannot be converted to a refund. Exam fees are not refundable. Medical evidence will be required in the form of a doctor’s letter or equivalent. All credits and refunds will incur a £20 administration fee.

Adult Learner Loans: If a learner who is in receipt of an adult learner loan withdraws from a course they will be liable to pay the full course fee less any fees already paid by the Student Loans Company to the College.

Sponsored students: If a sponsor arrangement ceases, fees will be due in line with the policy above.

Transfers: Transfers will only be granted in exceptional circumstances. To transfer to another course a learner will need to complete the transfer request form online, providing full details of their circumstances. Transfers will only be considered if they have not attended any classes and at the discretion of the College. All transfers given will incur a £20 administration fee.

Course cancellation/rescheduling: If the College cancels a course or the course does not start due to insufficient enrolments, every effort will be made to offer an alternative. If no suitable alternative is available, a refund will be given. This may be pro-rata if the course has to be cancelled after the start date. If the College reschedules a course for a different time or day and this is not convenient for the student, a full refund will be given. No refund will be given for a change of tutor.

Overseas Students Visa refusal: In a case where a prospective student is refused a student visa, the College will refund all fees paid less the full administration fee.

Payment

RHACC uses the services of a payment provider for on-line purchases. Our UK partner is CyberSource. CyberSource are solely responsible for all payment/credit issues. All correspondence should be directed to CyberSource. Visit www.CyberSource.com for details. CyberSource use a secure server. The CyberSource payment system uses a combination of both established and innovative techniques to ensure the security and integrity of all sensitive data. Furthermore, CyberSource's public web servers are certified by Thawte, a public Certificate Authority, ensuring that you can have confidence that nobody can impersonate CyberSource to obtain confidential information. Any communication between you and CyberSource is also encrypted to the maximum strength supported by your browser using 128 Bit SSL. Data storage on CyberSource systems, and the communication between CyberSource and the worldwide banking networks, is regularly audited by the banking authorities to ensure a secure transaction environment.

Promotional discounts

Discounts and promotional discount codes offered by the College are valid only for use as part of a purchase made via the Website, unless otherwise stated. We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified purchases, made through this website. The conditions of use relating to any discount code will be specified at time of issue and the terms and conditions of that promotional discount code will be made available at the point the code is entered at checkout.

General Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks, logos and service marks (where applicable) and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make an application) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, permanently store, reproduce, transmit, retransmit, publish, display, distribute, modify, commercially exploit or create derivative works of such material and content.

Compliance with laws

The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the Website.

Disclaimers

The College shall have no liability for:

• any discrepancy which results from any inaccurate or incomplete information, or details or materials supplied by or on behalf of you; or
• any courses in cases where the Learner has defaulted in making payment of the price therefore or is otherwise in breach of any of its obligations hereunder. Except as expressly provided in these conditions or as otherwise specified or agreed in writing by us, the College makes no warranty or representations as to and accepts no liability, express or implied, for any course or its quality or suitability for any particular purpose or use under specific conditions (whether or not known to the College) and it is your sole responsibility to ensure that the course will meet with your requirements. While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website and its contents are provided on an "as is" and "as available" basis and we make no, and expressly disclaim, all representations, endorsements or warranties of any kind whether express or implied, in relation to the Website, or the information, content, materials or courses included in it or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We do not represent or warrant that any advice, opinion or information, accessible or transmitted to you via our website or email communications is accurate, complete, current, error free or free from viruses. We accept no liability for any unauthorised access to, or any alteration, theft or destruction of information or data.

Extent of liability

Except to the extent stated in these conditions or otherwise agreed in writing by Richmond and Hillcroft Adult and Community College: - neither Richmond and Hillcroft Adult and Community College nor any of its agents, contractors, subcontractors, or distributors, nor any of its or their partners or employees shall have any obligation, duty or liability in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever under or in connection with the use of the website or any contract for the sale of any goods other than, in the case of any of the foregoing persons, for death or personal injury resulting from its or his negligence or for fraud on its part or on the part of any of its employees whilst acting in the course of their duties or employment; and - in particular, neither RHACC nor any of the other foregoing persons shall have any liability whether in contract, tort or otherwise for any consequential loss or damage suffered, directly or indirectly, by you or any third party arising from the use of the website or under or in connection with any contract for the sale of any goods, including but not limited to wasted time or expenditure, loss of profits, course in, business revenue, expected savings or goodwill or any claim against you by any person.

Subject to those liabilities specified above relating to death or personal injury caused by negligence, the College's liability under or in connection with any contract for the sale of any goods or services shall in no circumstances exceed their invoice value.

Except for death or personal injury caused by negligence on the part of Richmond and Hillcroft Adult and Community College, the College shall be discharged of all liability to which these conditions apply unless proceedings are begun within twelve (12) months after the Learner became aware (or should reasonably have become aware) of the facts giving rise to such liability.

Nothing in these conditions shall affect the statutory rights of a Learner who is a consumer as defined in Section 2(1) of the Consumer Protection from Unfair Trading Regulations 2008.

Severance

If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These conditions govern our relationship with you. You confirm that, in agreeing to accept the conditions, You have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.

Law

The conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Third Party Rights

These conditions do not confirm any right enforceable by any third party under or in connection with the use of the website or any contract for the sale of any goods made through the Website.

Your consent

I give my consent for the storage and transfer of such data. I agree to abide by the requirements of the various acts covering Health and Safety at work and to follow any instructions that may be issued by other College staff. The information I have given is true and correct. I have read and understood the College policy on refunds credits and transfers (as stated on the enrolment form and in the current prospectus) and agree to abide by the regulations of the College. I understand the College reserves the right to alter fees, change centres or tutors, or reschedule, cancel or combine courses if necessary.