Brightwings Education Limited Online Courses Booking Terms & Conditions

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1)    Definitions

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i)    ‘Acceptance’ means Brightwings sends the Student an email confirming the Student has been accepted onto a Brightwings Live Online or Brightwings Online Masterclasses (“BLO”) course.

ii)    ‘Application’ means submitting an application form to a BLO course on the Brightwings website (www.brightwings.co.uk).

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

iv)    ‘Business day’ means Monday to Friday.

v)    ‘Commencement Date’ means the start date of the chosen online course.

vi)    ‘Contract’ means the legally binding arrangement that Brightwings enters in to with the Student once the Student is accepted on the chosen BLO course or programme and accepts the place for the course and is subject to these Booking Terms & Conditions as well as other documents to which they refer.

vii)    ‘Intellectual Property Rights’ shall mean copyright (and related rights), designs, patents, trademarks, confidentiality, confidential information, video recordings 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).

viii)    ‘Online course’ means a BLO course or programme as described on the Brightwings website.

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

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

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2)    Application

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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 b) he pays the full course fee.

ii)    The Student must be at least 16 years of age at the start of the BLO course unless otherwise agreed in writing.

iii)    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 BLO 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 the course.

iv)    The Student must provide information on any relevant medical/educational/special needs requirements on the application form (www.brightwings.co.uk/apply-now) so that Brightwings can start to consider and make reasonable arrangements.

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3)    Acceptance

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i)    By submitting the application form, this does not constitute Acceptance. Any Acceptance is solely at the discretion of Brightwings subject to reviewing the Student’s application form, including his personal statement (if we deemed it to be a further requirement). An interview may follow, and Brightwings may seek references which the Student is obliged to provide.

ii)    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.

iii)    If your Application is submitted within 24 hours of the BLO course commencing, we cannot guarantee that the Acceptance will reach you before the BLO course starts. The Student is responsible for checking the status of his Application.

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4)    Payment

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i)    The Fees payable are as published on the Website. The fees are inclusive of VAT where appropriate and when outlined on the invoice.

ii)    The Fees are payable in pounds sterling (GBP) and 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.

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

iv)    The course fees are not refundable in any circumstance except in accordance with clauses 5 (a)(i), 5 (b)(ii) and 5 (c).

v)    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.

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

5)    Your Legal Cancellation Rights

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a)    Within the Cancellation Period

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i)    If you are a consumer (i.e. a 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 (minus an administrative charge of £50 to cover costs incurred). The Cancellation Period will expire 14 days after the date of the Acceptance to the BLO course.

ii)    However, if you have requested that we start providing the Services within the Cancellation Period, for example by attending the course, then we will be entitled to charge you a reasonable sum for the Services provided based on the proportion of the Course you have undertaken and the total Fees and we can deduct this sum from any refund payable to you.

iii)    The refund payment (less the administration fee) will be repaid to the Student within 14 days following cancellation. After this period, the course fees are not refundable in any circumstances.

iv)    If the Student wishes to cancel this Contract in accordance with clause 5 (a)(i), Brightwings must be notified in writing via the contact form at www.brightwings.co.uk/contact-us or bookings@brightwings.co.uk.

v)    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.

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b)    Outside the Cancellation Period

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i)    The Student may cancel the Contract after the Cancellation Period but before the Course starts by giving us written notice.

ii)    If the Student gives us written notice to cancel the Contract outside the Cancellation Period but at least 28 days before the Course starts, he will be entitled to a refund of the Fees that he has paid, less an administrative charge of £50.

iii)    If the Student give us written notice to cancel the Contract outside the Cancellation Period and fewer than 28 days before the Course starts, he will not be entitled to any refund of the Fees.

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

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i)    Brightwings breaks the Contract in a material way and does not correct the situation within 14 days of the Student 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.

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6)    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:

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i)    The Student does not pay the Fees when he is supposed to.

ii)    The Student has not fully filled in the application form, 7 days before the Commencement Date, including details such as medical/educational/special needs, 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 BLO course.

v)    The Student has behaved unacceptably or missed classes (other than for reasons outside reasonable control).

vi)    The Student gives his login details to any third party without Brightwings’ prior written permission.

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

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b)    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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7)    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 BLO.

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 by the Student.

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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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8)    The Student Agrees to the Following:

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i)    To be present to attend the BLO course at the scheduled times for the entire duration of the sessions, which are always stated as UK time and factoring in the changes in time between GMT to BST.

ii)    To use computing equipment which meets the minimum requirements for hardware, software and internet bandwidth as listed here (see requirements in our FAQ Section).

iii)    To ensure that he has the right equipment and materials as prescribed in the “Materials” section in the course description.

iv)    To acknowledge that failure to comply with Clauses 8(i) to 8(iii) may limit the Student’s progress on the BLO course.

v)    If there are problems with his connection to the Zoom which disrupt other students who are enrolled on the BLO course, Brightwings reserves the right to remove the Student from BLO course until he has been able to resolve the issue.

vi)    Brightwings cannot be held responsible for any technical problems the Student encounters following the purchase of a BLO Course.  We are unable to provide any technical support to individuals who have purchased the BLO Course.

vii)    Brightwings are not responsible for the location, hardware and infrastructure the Student chooses to access the BLO course and as such it the Student’s responsibility to comply with any necessary health and safety regulations that apply.

viii)    He may download and use the BLO materials where available, for his own personal, non-commercial use only.

ix)    Without prejudice to Clause 8 (viii), the Student agrees that he will not record, reproduce, download, modify, re-publish, sub-license, sell, share, broadcast, transmit, make available, disseminate or distribute in any way any of the content provided as a part of his BLO course.

x)    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.

xi)    Behave considerably, responsibly and co-operatively towards anyone involved with Brightwings, including fellow students, tutors and staff.

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

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

xiv)    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.

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

xvi)    Abide by any statutory requirements.

xvii)    Abide by Brightwings’ Online Courses Booking Terms and Conditions and the decisions of Brightwings’ staff. In the event of any breaches of these terms and conditions, Brightwings reserves the right to terminate this Contract in accordance with Clause 6.

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9)    Graduation

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

i)    attend all compulsory sessions for the full duration of the Online course, including but not limited to online summer courses 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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10)    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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11)    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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12)    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.

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

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iii)    Should the BLO 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 BLO course to the Student, subject to availability, and shall not be liable for any additional expenses the Student may incur because of cancellation or postponement of the BLO course and in attending a future BLO 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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13)    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 BLO 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 and video footage for its business use and promotional activities. Brightwings will never feature a student’s full name or anything else by which the student may be recognised with their photo.

ii)    At the end of the BLO course, Brightwings may ask the Student to fill in an evaluation questionnaire. Brightwings may use statistics and quotes from these to promote future BLO 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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14)    Non-attendance

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i)    Non-attendance at classes due to reasons other than our default does not entitle the Student to refunds, extra tuition or a transfer.

ii)    If, for reasons outside the Student’s reasonable control (such as illness) he misses classes, we will use our reasonable endeavours to offer the Student additional support, subject to the Student paying our additional charges.

iii)    In the event that the Student is unable to attend a BLO class, we shall use reasonable efforts to provide the Student access to an archived recording of the class.

iv)    Brightwings may at its own discretion transfer the Student to another section of the same course with the Student’s consent, subject to availability.

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15)    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 BLO course, but can make no guarantee about the content or structure, which may change.

xi)    Brightwings reserves the right to cancel BLO course (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, or another session or we may cancel the Contract and provide the Student with a refund of the fees.

xii)    Brightwings reserves the right to modify the BLO course, and to make alterations to the programme, terms, policies, courses and tutors at any time before or during the BLO course without the Student’s consent. Brightwings shall not be held responsible for any inconvenience caused.

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)    Photographs are provided as an example only and BLO courses and course content may be different to those displayed.

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

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

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

xviii)    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.

 

Brightwings Education Limited
Policy last reviewed: 21 June 2020

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Copyright 2020 © Brightwings Education Limited, trading as Brightwings Education, registered in England and Wales at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX

Company Registration No: 11338610

VAT Registration No: 296 2160 89