Brightwings Education Limited Face-2-Face Learning Booking Terms & Conditions

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I.    ‘Acceptance’ means Brightwings sends the Student an email confirming the Student has been accepted onto the Brightwings Face-2-Face Learning course or programme.

II.    ‘Application’ means submitting an application form on the Brightwings website (www.brightwings.co.uk).

III.    ‘Business day’ means Monday to Friday.

IV.    ‘Brightwings’ means Brightwings Education Limited, a company incorporated in England & Wales (registration number 11338610).

V.    ‘Campus’ means the any facilities hired by Brightwings.

VI.    ‘Commencement Date’ means the start date of the chosen Face-2-Face Learning course or programme.

VII.    ‘Contract’ means the legally binding arrangement that Brightwings enters into with the Student once the Student is accepted on the chosen Face-2-Face Learning course or programme and accepts the place and is therefore subject to these Terms & Conditions as well as other documents to which they refer.

VIII.    ‘Face-2-Face Learning’ means any of Brightwings’s face-2-face training courses or programmes as described in the course or programme synopsis on its website (www.brightwings.co.uk). For the avoidance of all doubt, Brightwings’ Online Courses Booking Terms & Conditions can be read here.

IX.    ‘Graduation’ means the event at which the Student graduates from a Face-2-Face Learning course or programme and includes the Graduation Certificate.

X.    ‘Intellectual Property Rights’ shall mean copyright (and related rights), designs, patents, trademarks, confidentiality, confidential information and all other intellectual property rights that may subsist or will subsist in the future.  This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant).

XI.    ‘Rules and Regulations’ shall means all of Brightwings’s rules and regulations which are applicable.

XII.    ‘Student’ means the student and, where he is a minor, includes his parents or guardian.

XIII.    ‘VAT’ means value added tax as provided for in the Value Added Tax Act 1994.

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1)    Bookings & Applications

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i)    By making an Application, the Student acknowledges he has read this Contract and that he will be bound by this Contract if he is a) notified of his Acceptance by Brightwings and that b) he pays the deposit. These are further outlined in Clause 2 below.

ii)    We cannot accept your Application unless you are aged 18 or over, unless the Course is specifically advertised as being for persons under that age.  By submitting your Application for any Course not advertised as being for persons under 18, you warrant that you are aged 18 or over.  If this turns out to be incorrect, we will be entitled to cancel the Contract on written notice to you.

iii)    At the point of our Confirmation, a contract will come into existence between us and you (the "Contract"). The Contract will continue until the completion of the Course, unless it is cancelled earlier in accordance with these Terms.

iv)    The Contract will be subject to these Terms and the application form.  We consider that these Terms and the application form set out the entire agreement between you and us in relation to the Course.

v)    Please check that the details in these Terms and the application form are complete and accurate.  If you think that there is a mistake in the Terms or the application form or that they do not contain relevant information that you are relying on, please notify us and ask us to confirm any agreed changes in writing before you submit your Application.

vi)    The Student must be able to speak, understand and read English to an Intermediate/Upper Intermediate/Advanced English level. The Student’s English language level must be above Common European Framework Level C1. If during the Face-2-Face Learning course Brightwings determines at its sole discretion that the Student’s English proficiency is not at this level, Brightwings reserves the right to remove the Student from his course.

vii)    The Student must provide information on his medical/dietary/educational/religious/special needs requirements on his application form, so that Brightwings can start to consider and make reasonable arrangements. A Brightwings Face-2-Face Learning course may require some travelling (on foot or by wheelchair) by the Student, including but not limited to travelling between classrooms for activities.

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2)    Acceptance

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i)    By submitting an application form, this does not constitute Acceptance. Any Acceptance is solely at the discretion of Brightwings subject to reviewing the Student’s application form and may include a request for his personal statement. An interview may follow, and Brightwings may seek references which the Student is obliged to provide.

ii)    After Acceptance, the Student’s place is not confirmed until he has paid the non-refundable deposit.

iii)    For courses on which there are no deposit requirements, the Student’s place is only confirmed when we send you a written confirmation that your Application is accepted (the “Confirmation”).

iv)    Brightwings reserves the right to withdraw any offer that is made to the Student or terminate the Contract if it transpires that the Application is inaccurate or incomplete.

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3)    Late Applications

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i)    If your Application is submitted within 5 working days of the Course commencing, we cannot guarantee that the Confirmation will reach you before the Course starts. The Student is responsible for checking the status of his Application.

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4)    Payment

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a)    Fees payable

i)    The Fees payable are as published on the Website.

ii)    Fees are in pounds sterling (GBP) and are inclusive of VAT where appropriate and when outlined on the invoice.

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b)    If the course requires a deposit payment

i)    Payment of the deposit must be made in GBP via Wix Bookings, Wix Payments, Stripe, Paypal, bank transfer, or, at the discretion of Brightwings, by another method. Payment of the balance must be made in pounds sterling via bank transfer/wire. The exact amount must be paid. The Student should bear in mind that some banks will charge a fee for transferring the money, or the exchange rate may fluctuate, and it is the Student’s responsibility to cover these payments and ensure that the exact amount is received by Brightwings.

ii)    The deposit is not refundable in any circumstance except in accordance with clause 5 (i).

iii)    The balance of fees is due as stated on the invoice. The Student must pay the balance via bank transfer/wire.

iv)    Our bank details for the purpose of paying the Fees are available on request.

v)    Brightwings has the right to terminate the Student’s place without refunding his deposit if payment of the balance has not been received by the due date.

vi)    If any fees are late, interest will be payable by the Student, calculated on a daily basis, at the rate of 5% p.a. above the base rate of the Bank of England.

vii)    All payments made or to be made under this Contract shall be made in full, without any deduction, withholding, set-off or counterclaim on account of any taxes or otherwise.

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c)    If the course does not require a deposit payment

i)    The Fees are payable at the same time as you submit your application form.  If we do not accept your booking, we will refund to you any Fees you have paid within 14 days of rejecting your booking.

ii)    All refunds will be net of any bank charges or foreign exchange losses and will be paid in GBP. Brightwings will not be responsible for any losses the Student may suffer as a result of currency exchange fluctuations or exchanges.

iii)    Payments must be made in pounds sterling via Wix Bookings, Wix Payments, Stripe, PayPal, bank transfer, or, at the discretion of Brightwings, by another method.

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5)    Your Legal Cancellation Rights

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i)    If you are a consumer (i.e. the Student) and are not entering into the Contract for purposes connected with a business then you have a legal right under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 to cancel the Contract within 14 days (the "Cancellation Period") without giving any reason in accordance with Clause 3.3.  The Cancellation Period will expire 14 days after the date of our Acceptance.

ii)    To exercise the right to cancel, the Student shall inform Brightwings of their decision to cancel this Contract by a clear written statement by email to bookings@brightwings.co.uk or via the contact form at www.brightwings.co.uk/contact-us.

iii)    To meet the cancellation deadline, it is sufficient for the Student to send their communication concerning their exercise of the right to cancel before the Cancellation Period has expired.

iv)    If the Student cancels this Contract in accordance with this Clause 5 (i), Brightwings shall reimburse to the Student all payments received from them. The reimbursement shall be made without undue delay, and not later than 14 days after the day on which Brightwings receives the Student's decision to cancel this Contract. Brightwings shall make the reimbursement using the same means of payment as the Student used for the initial transaction, unless the Student has expressly agreed otherwise. All refunds will be net of any bank charges or foreign exchange losses and will be paid in GBP. Brightwings will not be responsible for any losses the Student may suffer as a result of currency exchange fluctuations or exchanges.

v)    If the Student requested that the performance of services begin during the Cancellation Period (including by booking a course which commences during the Cancellation Period or by attending a Face-2-Face Learning course), the Student shall pay Brightwings an amount which is in proportion to the services which have been performed up to the point at which Brightwings receives the Student's communication of cancellation of this Contract, in comparison with the full coverage of the Contract.

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6)    Cancellations, Terminations and Refunds not Falling Within Clause 5

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a)    This Clause shall apply to any cancellation by the Student not falling within Clause 5 and shall be without prejudice to that clause. No purported cancellation shall be of effect unless given in writing by email to bookings@brightwings.co.uk. Any such cancellation shall be of effect only from the date of actual receipt by Brightwings and shall be on the following terms:

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b)    Booking deposit

i)    No refund of the booking deposit paid under clause 2 will be made under any circumstances.

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c)    Cancellations before start date including courses on which there is no deposit requirements:

i)    If you give us written notice to cancel the Contract outside the Cancellation Period but at least 28 days before the Face-2-Face Learning course starts, you will be entitled to a refund of the Fees you have paid, less an administrative charge of £50.

ii)    If you give us written notice to cancel the Contract outside the Cancellation Period and fewer than 28 days before the Face-2-Face Learning course starts, you will not be entitled to any refund of the Fees unless you are able to find a replacement student to take your place on the course. In which case you will be entitled to a refund of the Fees paid. This service is subject to an administration charge of £50.

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d)    Cancellations or terminations on or after start date

i)    Where a cancellation or termination of a course occurs on or after the start date for any reason and whether by the Student or by Brightwings, the Student shall receive no refund of any course fees already paid or incurred.

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e)    Cancellation by Brightwings before the start date

i)    Brightwings reserves the right to cancel the course owing to insufficient demand or where other factors beyond Brightwings' reasonable control necessitate it. If such cancellation does not fall within the circumstances provided for in Clauses 9 and 15, Brightwings shall refund to the Student any Course fees paid.

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f)    The Student may also cancel the Contract at any time if:

i)    Brightwings breaks the Contract in a material way and does not correct the situation within 14 days of you asking us in writing to do so.

ii)    Brightwings goes into liquidation or a receiver or administrator is appointed over our assets, in which case we will refund the Fees in full.

iii)    Refunds payable under this Clause 6 may take up to 14 days to process.

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7)    Termination

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a)    Brightwings reserves the right at any time to terminate this Contract by written notice without refunding any fees to the Student if Brightwings determines at its sole discretion that:

i)    Payment of the fees in full (including the deposit and the balance) has not been made within the due date of the invoice of the balance.

ii)    The Student has not fully filled in the application form 30 days before the Commencement Date, including details such as medical conditions, emergency parent/guardian contact details etc., or, in the sole judgement of Brightwings, has not filled this in accurately or comprehensively.

iii)    The Student has not updated Brightwings immediately about any changes to these details in the application form.

iv)    In the sole judgement of Brightwings, the Student is medically unfit to participate in the Face-2-Face Learning course.

v)    The Student shares course content with any third party without Brightwings’ prior written permission.

vi)    The Student has behaved unacceptably or broken any of Brightwings' Rules & Regulations or any UK law. Brightwings also reserves the right to refer such instances to the relevant authorities such as the police.

b)    In the event of termination of this Contract by Brightwings while the Student is attending the Face-2-Face Learning course, Brightwings reserves the right to send the Student home immediately with no refund of any course fees.

c)    Brightwings accepts no responsibility for any loss or damage experienced by the Student as a result of termination, including but not limited to any costs such as transport costs for the Student or other persons.

d)    In the event that Brightwings terminates this Contract, the Student will not be allowed to graduate from the Face-2-Face Learning course, will be prohibited from attending the graduation ceremony and will not receive his graduation certificate (or, if the Student has been issued with his graduation certificate these will be withdrawn).

e)    The rights, liabilities or remedies of either party shall not be affected after termination, nor will the continuance of any of this Contract’s provision (to the extent to which it is expressed or by implication intended to continue).

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8)    Overseas Applications

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a)    Travelling from overseas

i)    If you are travelling from overseas, we may need to contact you in the two weeks prior to the start of a Face-2-Face Learning course. You must include your contact details in the UK when you submit your Application.

ii)    You should wait to receive our confirmation before making any travel arrangements. We will not be responsible for any travel or accommodation costs you incur if we do not offer you a place on the F2F Learning programme.

b)    Insurance

i)    The Student is required to take out comprehensive insurance to cover himself, including health, contents and travel insurance, which will insure him against, but not limited to, issues such as flight costs and course fees incurred in the event of cancellations, theft of personal items, medical treatment, repatriation, personal accident, the occurrence of a Force Majeure Event, public liability, legal expenses etc, and to bring along proof of these insurance policies. The Student must also pay any additional expenses Brightwings incurs in the event of any of these circumstances or similar circumstances.

ii)    In addition, EU Nationals are advised to bring valid European Health Insurance Cards.

iii)    It is the Student’s responsibility to follow the relevant requirements of their insurer, for example in informing the insurer promptly after any accident and claiming from the insurer.

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c)    Visas

i)    It is the Student’s responsibility to ensure he has the correct visa required for studying in the UK during the Face-2-Face Learning and that he can comply with relevant border entry and passport requirements. No refund will be made by Brightwings to the Student if he is unable to attend the Face-2-Face Learning in these circumstances.

ii)    It is the Student’s responsibility to determine how far in advance he will need to apply for a visa, and to allow sufficient time to obtain a visa.

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9)    Limitation of Liability

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a)    Brightwings will not be liable to the Student or any connected persons for any claims, costs, expenses or damages (including but not limited to property, personal belongings or money) losses (including but not limited to loss of profits, revenue, data, contracts or opportunities) or any liabilities of any kind (whether direct or indirect), except for death or personal injury resulting from proven negligence in an English court of law. Without limiting the generality of this clause, Brightwings will not accept liability in the following circumstances:

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i)    Loss of or damage to personal belongings whether or not caused by Brightwings’ negligence. Students are advised to arrange insurance to cover such eventualities.

ii)    If the failure or improper performance of this Contract is the fault or part-fault of the Student, or is the fault of someone else not connected with the provision of the Face-2-Face Learning course.

iii)    Any unusual or unforeseeable circumstances beyond Brightwings’ control, the consequences of which could not have been avoided even if all due care had been exercised.

iv)    If the failure or breach of this Contract is in whole or in part attributable to the occurrence of any event that Brightwings could, even with reasonable care, not have foreseen.

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b)    The Student will indemnify and keep indemnified Brightwings from and against any losses, claims, costs, expenses or damages or any liabilities of any kind incurred by it as a direct or indirect result of a breach of this Contract or a violation of Brightwings’ Rules and Regulations (Clause 10) by the Student.

c)    Where Brightwings makes any payment to the Student arising from this Contract, the Student must assign to Brightwings or its insurers any rights it may have to pursue any other third party. The Student must also provide Brightwings and its insurers with all assistance required.

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10)    Brightwings Rules & Regulations

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a)    The Student agrees to:

i)    Abide by the laws of England.

ii)    Not participate in any act or illegal activity that may bring Brightwings or any of its facilities into disrepute.

iii)    Comply with Brightwings' Health and Safety rules as notified to you from time to time, including by wearing suitable clothing and footwear for practical classes.

iv)    Abide by our code of conduct on bullying and racism which is any form of bullying or racism will not be tolerated. 

v)    Abide by these Rules & Regulations and the decisions of Brightwings’ staff. In the event of any breaches of these Rules and Regulations, Brightwings reserves the right to send the Student home and terminate this Contract in accordance with Clause 7.

vi)    Abide by Brightwings’ Rules and Regulations, together with other policies including, but not limited to Brightwings’ Attendance Policy.

vii)    Indemnify Brightwings against any and all damages, losses, expenses, claims, costs and reimbursements arising from any connection with any act or omission of the Student.

viii)    Behave considerably, responsibly and co-operatively towards anyone involved with Brightwings, including fellow students, tutors and staff, and to respect the privacy of users of the campus during the Face-2-Face Learning course.

ix)    Sign in and sign out of the Face-2-Face Learning course every time the Student enters of exits the campus buildings. Treat all buildings and facilities that Brightwings uses with care, and not to attach anything to or decorate any property, including the campus.

x)    Not damage property, premises or persons, and to fully indemnify Brightwings for any costs incurred in such damage.

xi)    Not make use of the name, logos, trademarks or insignia of Brightwings Education except where written permission has been given.

xii)    Not publish any material by any medium relating to Brightwings, its staff, students, facilities or any other person or body Brightwings has a relationship with without Brightwings' written permission.

xiii)    Not give interviews or statements to any form of media outlet (including social media) in relation to Brightwings unless given written permission to do so by Brightwings.

xiv)    Withdraw any material given to any form of media outlet (including social media) where permission was not given by Brightwings.

xv)    Not purchase or consume alcohol, any illegal/recreational drugs or tobacco/cigarettes/e-cigarettes. Any infringements will result in instant dismissal from the Face-2-Face Learning course.

xvi)    Maintain an immigration status that entitles the Student to undertake the course.

xvii)    Abide by any statutory requirements, including those which may relate to any visa requirements which the Student must adhere to.

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b)    By paying the deposit or the full payment on courses that require no deposit referred to in Clause 2, the Student confirms that he has read and agrees to abide by the Rules & Regulations.

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11)    Attendance Policy

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i)    We expect our students to attend all Classes and on time.

ii)    Students under 18 years old: if you are leaving early, or if you are leaving with another parent/family friend, Brightwings will need to have received written permission from your parents emailed to support@brightwings.co.uk otherwise we won’t be able to release you.

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12)    Graduation

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a)    Graduation is at the discretion of Brightwings. In order to graduate from the Face-2-Face Learning course, the Student must:

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i)    attend all compulsory sessions for the full duration of the Face-2-Face Learning, including but not limited to classes and Masterclasses (except those for which the student is ill where the illness is certificated by Brightwings at their entire discretion), and have participated positively and appropriately.

ii)    complete to an appropriate level and hand in all work required by the Student’s tutor.

iii)    not plagiarise any work.

iv)    not have had the Contract terminated by Brightwings.

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b)    We only issue certificates of attendance and not certificates of attainment of a particular grade, qualification or standard.

13)    Notices

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i)    All notices shall be in English and in legible writing.

ii)    Any notice or other information required or authorised by this Contract to be given by either party to the other may be given by email, in the case of Brightwings Education Limited at the email address stated in Clause 5, and in the case of the Student at their address as stated in the last communication of each type received from them.

iii)    Any notice or other information sent to the Student by post which is not returned to the sender as undelivered shall be deemed to have been given on the third day after the envelope containing the same was so posted; and proof that the envelope containing any such notice or information was properly addressed and posted and that it has not been so returned to the sender shall be sufficient evidence that such notice or information has been duly given.

iv)    Service of any legal proceedings concerning or arising out of this Contract may be effected by causing the same to be delivered to any address provided by the Student or his parent or legal guardian or to such other address as may from time to time be notified in writing by the party concerned.

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14)    Data Protection

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i)    Your privacy and personal information are important to Brightwings.

ii)    Brightwings will comply with the General Data Protection Regulation (2016/679) and the Data Protection Act 2018. Full details of how Brightwings handles the personal data of Students and others are contained at the top of this page.

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15)    Force Majeure

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i)    Brightwings shall not be liable for any failure, delay or part-performance in performing their obligations where such failure or delay results from any cause that is beyond their reasonable control. Such causes include, but are not limited to: power failure, Internet Service Provider failure, third party service or facility withdrawal, industrial action, civil unrest, fire, flood, storms, earthquakes, outbreak of contagious or other notifiable human or animal infection, disease or condition, air traffic disruption, acts of terrorism, acts of war, governmental action or changes in legislation/regulation, any direction of a competent local or national authority (or fear of such), or any other event that is beyond the control of Brightwings. This also includes situations where any buildings or schools are closed, through no fault of Brightwings, and the Face-2-Face Learning course cannot be provided at the pre-arranged location.

ii)    If a Force Majeure Event or disruption from such an event occurs, Brightwings may terminate this Contract by written notice to the Student.

iii)    Should the Face-2-Face Learning course be cancelled, postponed or otherwise adversely impacted as a result of a Force Majeure Event, there shall be no refunds for payments already received by Brightwings. If economically and administratively viable for Brightwings to do so, Brightwings will make all reasonable efforts to offer a place at a future Face-2-Face Learning course to the Student, subject to availability, and shall not be liable for any additional expenses the Student may incur (including, but not limited to, travel or accommodation) because of cancellation or postponement of the Face-2-Face Learning course and in attending a future Face-2-Face Learning course. Brightwings shall not be required to offer such an alternative place, does not guarantee that it will do so, and shall not be required to offer any refund or monetary compensation to the Student in such cases. For the avoidance of doubt, the occurrence of a Force Majeure Event shall in no circumstances place any requirement on Brightwings to make any form of reimbursement, compensation or refund.

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16)    Promotional activities

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i)    Brightwings staff members may ask the Student to participate in photographs, videos or other promotional activities during the Face-2-Face Learning course, for use in Brightwings’ future publicity. The Student should advise Brightwings in writing if he would prefer not to participate in these activities and unless otherwise instructed in writing, Brightwings may use these images for its business use and promotional activities.

ii)    At the end of the Face-2-Face Learning course, Brightwings will ask the Student to fill in an evaluation questionnaire. Brightwings may use statistics and quotes from these to promote future Face-2-Face Learning courses, and may credit the Student’s name and school next to these quotes. The Student should advise Brightwings in writing if he would prefer for Brightwings not to use this information in future publicity.

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17)    Lost Property

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i)    Brightwings cannot be held responsible for any items deemed to be lost property. Lost property handed to or found by Brightwings staff will be kept for 8 weeks before being donated to charity or recycled. Loose, unnamed paperwork will be recycled immediately. Brightwings staff will endeavour to return property of high value or official hard copy documents containing personal data where the owner can be easily identified. If it is not possible to do this within the nominated time period, these items will be donated to local registered charities, or if not suitable for donation, the items will be destroyed. Items will be returned in the condition that Brightwings received them in.

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18)    General

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i)    Nothing in this Contract shall be construed as creating a partnership with the Student.

ii)    The Student may not subcontract any rights under this contract to another person or company without the consent of Brightwings.

iii)    Brightwings may assign all or any of its rights under this Contract to any person or company without any requirement to notify or obtain further consent of the Student.

iv)    No amendments of this Contract shall be effective unless confirmed in writing and signed by both Brightwings and the Student.

v)    No waiver by Brightwings of any breach of these terms shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which the waiver is given.

vi)    Whilst every effort has been made to ensure that this Contract adheres strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from this Contract and shall not affect the validity and enforceability of the remaining terms. This term shall apply only within jurisdictions where a particular term is illegal.

vii)    The headings in this Contract are for convenience only and shall not affect the interpretation of the Contract.

viii)    Words imparting the singular shall include the plural and vice versa.

ix)    References to any gender shall include the other gender.

x)    Brightwings makes every effort to provide an accurate description of the Face-2-Face Learning course but can make no guarantee about the content or structure, which may change.

xi)    Brightwings reserves the right to cancel courses (for reasons including, but not limited to, insufficient numbers of students signed up for the course), in which case Brightwings will make every effort to transfer the Student to another course.

xii)    Brightwings reserves the right to modify or cancel the Face-2-Face Learning course, and to make alterations to the programme, terms, rules, policies, courses and tutors at any time before or during the Face-2-Face Learning course without the Student’s consent. Brightwings shall not be held responsible for any inconvenience caused and extra expenses incurred.

xiii)    Wherever possible, Brightwings will try to accommodate the Student’s reasonable requests for a change to his booking (e.g. change of course or change of dates) but cannot guarantee and is under no obligation to do so. 

xiv)    Brightwings reserves the right to cancel courses if there is low demand for the course in which case the Student can either transfer onto an alternative available course (and receive a partial refund of the Fees if the fees for the alternative course are less than the Fees) or cancel the Contract and receive a refund of the Fees.

xv)    Photographs are provided as an example only and Brightwings’ classrooms or other facilities may be different to those displayed.

xvi)    Where any Brightwings policy differs with these Terms and Conditions, these Terms and Conditions shall prevail

xvii)    If Brightwings becomes aware of any breach to these terms after the Face-2-Face Learning course, Brightwings reserves to right to withdraw the Graduation Certificate which has been conferred onto the Student.

xviii)    Brightwings does not intend any term of this Contract to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.

xix)    This Contract shall be governed by the laws of England.

xx)    Each party irrevocably submits to the exclusive jurisdiction of the courts of England, to settle any dispute or question relating to this Contract, or any other matter.

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Brightwings Education Limited
Policy last reviewed: 21 June 2020
 

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