SECTION ONE: Online sale of products
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply online products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Willow Academy Limited a company registered in England and Wales. Our company registration number is 12473568 and our registered office is at 33 Sandalwood Farm Back Road, Wisbech, Cambridgeshire, United Kingdom, PE13 4JW.
2.2 How to contact us. You can contact us by emailing our customer service team at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are
unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the contract.
7.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
7.7 When you own goods. You own a product which is goods once we have received payment in full.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do,see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; or
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(b) any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind?
You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different
days. In this case you have until 14 days after the day you receives the last delivery to change your mind about the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind,
just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email our customer services team at email@example.com. Please provide your name, home address, details of your booking and, where available, your phone number and email address.
(b) By post. Write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Sandalwood Farm, 33 Back Road, Murrow, Wisbech, Cambs, PE13 4JW. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how
to return a product to us, see clause 9.2.
10. If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the online products, please contact us. You can write to us at Willow Academy, Sandalwood Farm, 33 Back Road, Murrow, Wisbech, Cambs PE13 4JW
10.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services or email us for a return label or to
11. Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your
instructions before we accept your order.
11.4 When you must pay and how you must pay. We accept payment with Paypal when you order the product through our website www.willowacademy.com
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or
examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed and for defective products under the Consumer Protection Act 1987
12.3 We are not liable for business losses. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. The Willow Efile Bit Kit is for professional use only and must only be used by nail technicians that hold the relevant electric file qualification required by your insurance.
13. How we may use your personal information
13.1 How we may use your personal information. We will only use your personal information as set out in our www.willowacademy.com/privacy-policy.
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For
example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
SECTION TWO: Training Courses
The following definitions and rules of interpretation apply in these Conditions.
Applicable Laws: all applicable laws, statutes, regulations and codes from time to time in force.
Applicable Data Protection Laws: means:
(a) To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data.
(b) To the extent the EU GDPR applies, the law of the law of the European Union or any member state of the European Union to which the Supplier is subject, which relates to the protection of personal data.
Bank Account: shall mean the business account held in the name of Willow Academy Limited at Barclays Bank plc.
Booking: shall mean the Student’s booking for a Training Course(s) as set out in the Student’s Confirmation Email and the subsequent payment in accordance with clause 5.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Charges: the charges payable by the Student for the supply of the Training Course in accordance with clause 5.
Commencement Date: has the meaning given in clause 2.
Commercial Purposes: shall mean a student using skills gained in any Training Course for the purposes of offering a service in their normal course of business and not for any reason set out in clause 10.3.
Conditions: these terms and conditions as amended from time to time in accordance with clause 21.
Confirmation Email: shall means the email sent by Willow to a Student upon receiving a request for, and payment of a Booking.
Contract: the contract between Willow and the Student for the supply of the Training Course in accordance with these Conditions.
Course Certificates: shall mean the certificate awarded to a Student after successful completion of both Theoretical Elements and Practical Assessments of any given Training Course.
Course Fee: the charges payable by the Student for the supply of the Training Course in accordance with clause 5 and Schedule 1.
Data Protection Legislation: the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.
Deposit(s): shall mean
Educator: shall mean any approved, qualified and affiliated educator of Willow from time to time that is authorised to teach the Training Course(s) on behalf of Willow.
EU GDPR: means the General Data Protection Regulation ((EU) 2016/679), as it has effect in EU law.
Emergency Event: as defined in clause 16.2.
Force Majeure Event: an event, circumstance or cause beyond a party’s reasonable control as described in clause 16.1.
Healthy and Safety Rules: shall mean the health and safety guidelines and rules implemented by Willow and conveyed to the Students prior to the Start Date of any Training Course.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or
extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Location: shall mean the specified location where the Training Course shall be provided.
Payment Method: shall include but is not limited to American Express, Apple Pay, Google Pay, Klarna, Maestro, Mastercard, PayPal, Shop Pay or Visa.
Practical Assessment: shall mean any assessment included in a Training Course that will require a practical skill in order to successfully pass the Training Course.
Practical Training: shall mean the training by an Educator to a Student of physical skills required to complete the Training Course.
Re-Schedule Payments: shall mean the reasonable re-schedule costs (or Cancellation in accordance with clause 7.4 ) which are to be assessed by the both Willow and any Educator and such assessment shall be made on a case by case basis.
Start Date: shall mean the date the Training Course shall commence as set out in the Confirmation Email.
Student: the person or firm who purchases a Training Course from Willow.
Student Default: has the meaning set out in clause 6.2.
Student Insurance: shall mean the insurance obtained by the Student from a reputable provider and issued with the appropriate policy.
Theoretical Element: shall mean the theory-based skills and knowledge required to be demonstrated in order to successfully complete a Training Course.
Training Course(s): the training courses available from time to time as set out in Schedule 1.
UK Data Protection Legislation: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
Willow: shall mean Willow Academy Limited registered in England and Wales with company number 12473568.
Willow Materials: shall mean the any materials, documentation, equipment, digital content, pre-course information and all other Intellectual Property which has derived from Willow.
1.2.1 Unless expressly provided otherwise in these Conditions a reference to legislation or a legislative provision:
(a) is a reference to it as amended, extended or re-enacted from time to time; and
(b) shall include all subordinate legislation made from time to time under that legislation or legislative provision.
1.2.2 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.2.3 A reference to writing or written includes email.
2.1 These Conditions are the terms and conditions on which Willow shall supply the Training Courses to any pending or current Student.
2.2 It is important that all Students read and understand these Conditions carefully before attending a Training Course. These Conditions detail how Willow will provide the Training Courses to Students, how both parties may change or end the contract, what recourse there is if there is a problem and other important information.
3. contact Information
3.1 Willow Academy is a Limited company registered in England and Wales with a company registration number of 12473568 and registered office being at Sandalwood Farm, 33 Back Road, Murrow, Wisbech, Cambs PE13 4JW
3.2 Willow can be contacted by emailing the customer service team at firstname.lastname@example.org
3.3 If Willow have to contact a Student at any time they shall do so by telephone or by writing to the email address provided to in the Booking.
4. The contract
4.1 A Booking shall constitute an offer by the Student to purchase a Training Course in accordance with these Conditions.
4.2 The Booking shall only been deemed to be accepted when Willow issues written acceptance of the Booking by sending to the Student a Confirmation Email, at which point and on which date the Contract shall come into existence (Commencement Date).
4.3 The Confirmation Email shall set out:
4.3.1 Confirmation of the Training Course Booked;
4.3.2 Date the Training Course is to commence;
4.3.3 The time the Training Course is due to start;
4.3.4 The Location where the Training Course shall be provided; and
4.3.5 a link to the downloadable Willow Materials.
4.4 Any samples, drawings, descriptive matter or advertising issued by Willow, and any descriptions or illustrations contained in Willow’s catalogues, website or brochures, are issued or published for the sole purpose of giving an approximate idea of the Training Courses described in them. They shall not form part of the Contract or have any contractual force.
4.5 Willow shall make all reasonable efforts to ensure that the Training Courses are delivered in accordance with their description but offers no guarantee that a Training Course will cover all items described.
4.6 Willow reserves the right to amend any Training Course description as set out in Schedule 1 if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Training Course, and Willow shall notify the Student in any such event.
4.7 Willow provides the Training Courses for commercial use only, and shall not provide any Training Courses for the purpose of domestic use.
4.8 Willow warrants to the Student that the Training Courses will be provided using reasonable care and skill by all Educators, save for circumstances as set out in clause 13.
4.9 These Conditions apply to the Contract to the exclusion of any other terms that the Student seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
4.10 Any quotation given by Willow shall not constitute an offer and is only valid for a period of 28 Business Days from its date of issue.
5.1 Willow shall not reserve a place on any Training Course until either full payment has been received in clear funds in accordance with clause 8 to Willow’s Bank Account and a subsequent Confirmation Email has been sent.
5.2 If Willow are unable to accept a Booking for a reason out of Willow’s control, then Willow shall inform the Student of this in writing and proceed matters in accordance with clause 16.
5.3 Willow reserves the right to decline acceptance of a Booking without providing reason.
6. Student Obligations
6.1 All pending and current Students shall:
6.1.1 ensure that the details in the Booking are complete and accurate;
6.1.2 understand, read and write in the English language;
6.1.3 co-operate with Willow in all matters relating to the Training Courses;
6.1.4 provide Willow with such information as may be reasonably required in order to supply the Training Course, and ensure that such information is complete and accurate in all material respects;
6.1.5 abide by the Health and Safety Rules set by Willow when present at any premises of Willow or where a Training Course is being held;
6.1.6 whilst attending a Training Course, not to be disruptive to others, breach health and safety guidelines or endanger themselves or others;
6.1.7 arrive at the correct time to all Training Courses;
6.1.8 provide a model (where applicable) and that model is to be over the age of 16 years old;
6.1.9 obtain all Student Insurance documentation prior to attending any Practical Assessment;
6.1.10 obtain and maintain all necessary pre-requisites which may be required for the Training Course before the date on which the Training Course is to start; and
6.2 If Willow’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Student or failure by the Student to perform any relevant obligation (Student Default):
6.2.1 without limiting or affecting any other right or remedy available to it, Willow shall have the right to suspend performance of the Training Course until the Student remedies the Student Default, and to rely on the Student Default to relieve it from the performance of any of its obligations in each case to the extent the Student Default prevents or delays Willow’s performance of any of its obligations;
6.2.2 Willow shall not be liable for any costs or losses sustained or incurred by the Student arising directly or indirectly from Willow’s failure or delay to perform any of its obligations as set out in this clause 6.2; and
6.2.3 the Student shall reimburse Willow on written demand for any costs or losses sustained or incurred by Willow arising directly or indirectly from the Student Default.
7. Student Rights to make changes
7.1 If a Student wishes to make a change to the Booking made then they need to contact Willow at the address given in clause 3.1.
7.2 Each Student is only permitted one (1) re-schedule of a Training Course at any given time in accordance with this clause 7.7.3 If a Student requests a re-schedule due to an Emergency Event, the first re-schedule shall be at no additional cost. Any requests to re-schedule or cancel due to an Emergency Event in addition to this shall be subject to Re-schedule Payments.
7.4 If Willow receives more than two requests to re-schedule a Training Course due to an Emergency Event, Willow shall reserve the right to treat this as a Cancellation of the Training Course and Re-schedule Payments shall be applicable.
7.5 If a Student requests a rescheduling of Training Course within 14 or more days before the Start Date, then Willow shall endeavour to reschedule the Training Course to a date of which both parties agree.
7.6 Students are not able to change the Location of a Training Course when re-scheduling and the Location shall always remain the same as the initial Booking.
7.7 If no reschedule date can be agreed between the parties, and the Student still wishes to change the date, this shall constitute a Cancellation under clause 14.
7.8 If a Student wishes to reschedule a Training Course less than or 7 days prior to the Start Date, the reschedule will be treated as a Cancellation and subject to Reschedule Payments.
7.9 Reschedule payments are decided by the Educator the Booking is made with and must be paid immediately via the Website. The rescheduled date must be mutually agreed by both parties. If no date can be reasonably agreed, the Student will lose the full cost of the Training Course.
7.10 Once a Training Course has commenced, and the Student has received a manual, and/or has began a theory test relating to a Training Course, the Student will no longer be able to cancel the Training Course. Willow shall use its sole discretion as to whether any Practical Training of a can be rescheduled in accordance with these Conditions.
8. Payments and Deposits
8.1 When making a Booking, the Student must pay the entire Course Fee via one of the accepted Payment Methods for the Booking to be accepted.
8.2 Willow hereby puts the Student on notice that as at the date of these Conditions, Willow shall no longer accept Deposits for Training Courses. If a Student has made a Booking prior to the date of these Conditions, then any Deposit paid shall still be valid.
8.3 Willow accepts payment through various different Payment Methods and whichever method is used by the Student, they are accepting the terms and conditions of that provider. For more information please see the Klarna FAQ’s https://www.willowacademy.com/pages/klarna-faqs or contact Willow for a copy of any terms and conditions of Payment Method providers.
8.4 Subject to clause 14, if a Student has previously made a Booking prior to the date of these Conditions, then any Deposits that may have been paid are non-refundable unless the Training Course is cancelled by Willow in accordance with clause 14.1 and 14.6.
8.5 Subject to clause 8.2, any balance for a Training Course remaining must be paid in cleared funds in full 7 days prior to the Start Date. Failing to do so could result in the immediate loss of the Student’s Deposit and the reallocation of the Training Course to another Student. This decision is to be made at the sole discretion of Willow.
8.6 Willow is unable to allow Educators to teach Students on a Training Course unless the Course Fee has been paid in full.
8.7 Course Certificates will only be issued on the successful completion of a Training Course, and all outstanding balances have been settled.
8.8 Course fees and Deposits are non-transferable.
8.9 Willow reserves the right to amend the Course Fees of the Training Courses at any time. If this is the case Willow shall inform the Student prior to any Booking being made. If a Student has already paid a Deposit or paid in full, then the increased cost shall not apply to that Booking but will take effect from any subsequent Bookings thereafter.
9.1 Each Training Course has varying levels of assessment which a Student is required to pass in order to satisfy the Theoretical Element of any Training Course.
9.2 A Student must have completed the Theoretical Elements whilst completing any Practical Training. Failure to do so may result in the rescheduling of a Training Course and subject to Rescheduling Costs.
9.3 On the day of Practical Assessment, the Student must demonstrate to the Educator providing the Training Course that they can safely and competently use the techniques that have been taught to them during the Training Course to a satisfactory standard in the assessment of the Educator.
9.4 In addition to the requirements set out in clause 9.3, some Training Courses require the Student to submit 3 examples of treatments they have carried out after the completion of the Training Course (Case Study). This will include:
9.4.1 A written account of the treatment; and
9.4.2 Pictures of the treatment with references to the relevant written accounts.
9.5 The Students undertaking courses which require the additional requirements as set out in clause 9.4 must pass the Case Study before any Course Certificate will be issued.
9.6 If after Practical Assessment the Educator is of the opinion that the Student would benefit from additional practice, then Willow reserves the right to withhold the issuance of the Student’s Course Certificate until a successful and satisfactory Practical Assessment has been completed.
9.7 Students who are unsuccessful at passing the Practical Assessment on the day, will be offered the opportunity to reschedule at a later date, but may be required to pay an additional £50.00 to cover the costs of re-assessment.
9.8 If following a subsequent Practical Assessment, the Student is still unable to demonstrate the satisfactory skills to pass, the Student shall not be issued with a Course Certificate and will be required to undertake the Training Course again at a later date at their own expense.
9.9 Only upon successful completion of a Training Course will a Course Certificate be awarded to a Student. Course Certificates are issued by Willow within 15 Business Days of the completion of a Training Course.
10. Intellectual Property Rights
10.1 All Intellectual Property Rights in or arising out of or in connection with the Training Courses shall be owned by Willow.
10.2. A Student shall use the skills gained in any Training Course for Commercial Purposes only. If the Student breaches this clause, or uses the skills gained in any Training Course as set out in clause 10.3, then Willow reserves the right to take legal proceedings.
10.3 A Student shall not:
10.3.1 copy, distribute, or otherwise use any of the Willow Materials for the purposes of re-education of others;
10.3.2 use the skills gained in a Training Course for the purposes of re-education of others, this includes but is not limited to, advertising or offering the Training Course as a course of the Student’s own or as a course provided by any employer of the Student.
10.3.3 alter, deface or remove any reference to Willow or any other name attached or affixed to the Course Materials;
10.3.4 shall not do, or omit to do, anything in their use of the Course Materials that could adversely affect their validity or the reputation of Willow;
10.3.5 hold themselves out as an agent of Willow or indeed purport to be an Educator of Willow in any fashion;
10.4 Any breach of the provisions of this clause shall be an infringement of Willow’s Intellectual Property rights and appropriate legal action may be taken.
11. Data Protection
11.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 11 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation. In this clause 11, Applicable Laws means (for so long as and to the extent that they apply to the Supplier) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.
13. Limitation of Liability
13.1 Willow has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £5 million per claim. This insurance cover includes, but is not limited to, any failure to comply data processing obligations and all other loss or damage. The limits and exclusions in this clause reflect the insurance cover Willow has been able to arrange.
13.2 References to liability in this clause 13 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
13.3 Nothing in this clause 13 shall limit the Student's payment obligations under the Contract.
13.4 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
13.4.1 death or personal injury caused by negligence;
13.4.2 fraud or fraudulent misrepresentation; and
13.4.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
13.5 Subject to clause 3 (No limitation of the Student’s payment obligations) and clause 13.4 (Liabilities which cannot legally be limited), this clause 13.5 sets out the types of loss that are wholly excluded:
13.5.1 loss of profits
13.5.2 loss of sales or business
13.5.3 loss of agreements or contracts
13.5.4 loss of anticipated savings
13.5.5 loss of use or corruption of software, data or information
13.5.6 loss of or damage to goodwill; and
13.5.7 indirect or consequential loss
13.6 Willow has given commitments as to compliance of the Training Courses with relevant details in Schedule 1. In view of these commitments, the terms implied by sections 3 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
13.7 Unless the Student notifies Willow that it intends to make a claim in respect of an event within the notice period, Willow shall have no liability for that event.
13.8 The notice period for an event shall start on the day on which the Student became, or ought reasonably to have become, aware of the event having occurred and shall expire 6 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
13.9 This clause 13 shall survive termination of the Contract.
14.1 A Student may request to cancel a Booking within 14 days of the Start Date, and receive a refund of their Deposit and/or entire amounts in accordance with the Consumer Contracts Regulations 2013 under the following circumstances:
14.1.1 Willow has informed the Student about an upcoming change to the Training Course or these Conditions which you do not agree to;
14.1.2 Willow has informed the Student about an error in the price or description of the Training Course and the Student does not wish to proceed;
14.1.3 there is a risk that supply of the Training Course may be significantly delayed because of events outside of Willow’s control in accordance with clause 16;
14.1.4 Willow has suspended supply of the Training Course booked for technical reasons, or are going to suspend them for technical reasons, in each case for a period of more than 6 months; or
14.1.5 The Student has a legal right to end the contract because of a breach of these Conditions.
14.2 If a Student cancels a Training Course 14 days or more before the Start Date of the course, the Student will be liable for half the cost of the Training Course.
14.3 If a Student cancels a Training Course within 14 days or less before the Start Date of the course, the Student will be liable for the full cost of the Training Course.
14.4 Only under exceptional circumstances, such as bereavement, will Willow consider wavering these Conditions. This decision will be at the sole discretion of Willow and the Educator involved.
14.5 Nothing in this clause 14 shall effect the Student’s rights under the Consumer Contract Rights Regulations 2013, and Students are encouraged to contact Citizen’s Advice Bureau for independent advice on this if they so wish at www.adviceguide.org.uk or call 03454 04 05 06.
14.6 Willow reserves the right to cancel a Student’s Booking at any time if a Student breaches any of the terms of the Contract or if a Student does not make payment when it is due and still does not make payment within 7 days of Willow sending a reminder.
15. Consequences of Cancellation
15.1 Cancellation shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of cancellation, including the right to claim damages in respect of any breach of these Conditions which existed at or before the date of cancellation.
15.2 Any provision of these Conditions that expressly or by implication is intended to come into or continue in force on or after cancellation shall remain in full force and effect.
16. Force Majeure
16.1 Neither party shall be in breach of these Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.
16.2 Emergency Events. An Emergency Event shall be any of the following:
16.2.1 Willow, an Educator or the Student has received a positive diagnosis and / or test of an illness or disease, whether bacterial, infectious, or viral, which includes such illnesses and diseases caused (whether it be directly or indirectly by an epidemic or pandemic and has been ordered to self-isolate as a matter of urgency; or
16.2.2 Willow, an Educator or the Student has been in contact with someone who has received such diagnosis / or positive test referred to in clause 16.2.1 and has been ordered to self-isolate for 10 or more days.
17. Assignment and other dealings.
17.1.1 Willow may at any time assign, subcontract, delegate, or deal in any other manner with any or all of its rights and obligations within these Conditions.
17.1.2 The Student shall not assign or transfer in any other manner any of its rights and obligations within these Conditions.
18.1.1 Each party undertakes that it shall not at any time during, and for a period of 6 months after cancellation of a Training Course, disclose to any person any confidential information concerning the business, affairs, classes, or clients of the other party, except as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
18.1.2 Each party may disclose the other party's confidential information:
(a) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under these Conditions. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 18; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
18.1.3 Neither party shall use the other party's confidential information for any purpose other than to perform its obligations within these Conditions.
19. Entire agreement.
19.1.1 These Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
19.1.2 The Student acknowledges that in accepting these Conditions, they do not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Conditions.
19.1.3 Nothing in this clause shall limit or exclude any liability for fraud.
A waiver of any right or remedy under these Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Except as set out in these Conditions, no variation shall be effective unless it is in writing and signed by the parties.
If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of these Conditions is deleted under clause 21 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
23.1.1 Any notice or other communication given to a party under or in connection with these Conditions shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email to the address specified in the Booking.
23.1.2 Any notice or communication shall be deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
(c) if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause (c), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
23.1.3 This clause 23 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
24. Third party rights.
24.1.1 Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
24.1.2 The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
25. Governing law.
These Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions or its subject matter or formation.
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