This Agreement is made between the University of Durham whose registered address is at Palatine Centre, Stockton Road, Durham, DH1 3LE (“the University”) and you, the individual detailed in your online registration application (your “Application”). For the purposes of the Contract, the aforesaid organisations/individuals may be referred to individually as a ‘Party’ and collectively as the ‘Parties’.
WHEREAS:
In completing and submitting your Application you have registered to participate in a Language Training Course provided by the University (the “Course”) as detailed therein, and agree to abide and be bound by the following terms and conditions:
1. Course registration
1.1. The details of the Course to be provided by the University, will be as detailed in your Application which in addition to these terms and conditions, will form the entire agreement between the Parties for the Course (hereinafter the “Contract”).
1.2. Your Application details all start and finish dates and times for the Course, details of the venue in which classes will be held, and all applicable charges payable for the Course (the “Fee”).
1.3. Your Application shall also include any special terms and conditions which may be applicable to the particular Course. In the event of any conflict between these terms and conditions and your Application, the latter shall take precedence.
2. Provision of the course
2.1. Subject to the provisions of Clause 2.2 herein, in consideration of payment of the Fee, the University agrees to provide the Course to you as detailed in your Application.
2.2. You understand and acknowledge that you will participate on the Course as part of a larger group of individual delegates to whom the Course shall be delivered by the University, however, the University shall ensure that group numbers do not exceed a number which is reasonable in order for delegates to fully participate in learning.
2.3. The University shall provide Course Materials necessary for you to participate in the Course. However purchase of a course book or dossier, where applicable, shall be the responsibility of the student.
2.4. Copyright and all intellectual property in Course Materials provided to you by the University for use on the Course shall at all times remain the exclusive property of the University and all such materials shall be marked as such. No copying of Course Materials is permitted for any reason without the express written permission of the University.
2.5. The University warrants that the Course shall be delivered to you by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such standards of quality as it is reasonable for you to expect in all the circumstances.
2.6. You understand and acknowledge that the Courses provided by the University are designed for students with differing levels of ability. It shall be your responsibility to ensure the course you have chosen is suitable for your ability.
2.7. In the event that following commencement of your Course, you determine that you wish to transfer your Course place to participate on an alternative Course for any reason; you should submit such a request in writing to the University Language Resources Co-ordinator who shall consider any such request, and shall notify you if your request for transfer has been granted. You understand and agree that the University is under no obligation to transfer your place to an alternative Course, and all requests shall be considered on a case-by-case basis and shall be dependent upon the availability of places on the particular alternative Course.
2.8. The University may at any time recommend that you consider transferring to an alternative Course if the Course Leader is of the opinion that the Course is not of a level suited to your ability. You are however, under no obligation to transfer Courses following such a recommendation, but should you wish to do so, you should follow the process outlined in Clause 2.7 above.
2.9. You understand that attendance at all classes is important in order for you to gain the full learning benefit from the Course. In the event that you are unable to attend any of the classes for any reason, the Course Leader should be promptly notified. No refund of the Fee, or any part thereof for any classes for which you may be absent, will be made for any reason.
3. Withdrawal from the Course by a Delegate
You are entitled to withdraw from the Course at any time by written notice to the University, however, no part of your Fee shall be refundable by the University unless notice of such withdrawal is received by the University at least one (1) week prior to the commencement date of the Course. Refunds shall be payable by the University as follows:
3.1.1. Where notice of withdrawal is received by the University a minimum of one week prior to the commencement date of the Course, a full refund shall be given by the University;
3.1.2. Refunds are not normally paid after the beginning of a course except in the case of an academic clash (compulsory component of a Durham degree course). Clashes with extra-curricular activities, sports or societies cannot be considered. Requests due to exceptional circumstances must be made in writing to the Director of the CFLS, must be related to reasons beyond your control and supported by written evidence, and will be subject to a £25 administration charge.
4. Cancellation of the Course by the University
4.1. You understand and acknowledge that the Course shall only be provided by the University where the University’s minimum quota of delegates is met for that particular Course. In the event that an insufficient number of delegates register for the Course, the Course may be withdrawn by the University at any time by written notice to delegates. In the event that the Course is cancelled by the University due to an insufficient number of registered delegates, the University agrees to provide you with a full refund of your Fee.
4.2. The University accepts no liability for any failure or delay in performance under this Agreement including for cancellation or rescheduling of classes on the Course to the extent said failures or delays are proximately caused by causes beyond the University’s reasonable control and occurring without its fault or negligence, including, without limitation, absence of course Deliverers, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, Acts of God, Government restrictions, wars, insurrections, fire, flood, failure of utilities, and/or any other cause beyond the reasonable control of the University.
4.3. In the event that any of the classes forming part of the Course are cancelled under the provisions of clause 4.2 above, the University shall use reasonable endeavors to find a mutually agreeable time to re-schedule any cancelled class, however, in the event that this is not possible, no refund of the Fee or any part thereof shall be payable in compensation for such cancellation.
5. Liability
5.1. No liability or responsibility is accepted by the University for the safety of or damage to or loss of any personal property belonging to you, except to the extent that such liability may result from the University’s negligence.
5.2. The University retains public liability insurance in respect of Courses, However please note such insurance only applies in the event that the University or its staff are held to be negligent.
5.3. Save insofar as such liability may not be lawfully excluded, the University shall have no liability or obligation under the Contract or otherwise in contract or in delict or in quasi-delict arising out of or connected with the performance of the Contract (including, but not limited to, loss, damage or delay of any nature whatsoever or howsoever caused whether direct or indirect or consequential and whether or not caused by the negligence of the University, its employees, agents or sub-contractors) save as expressly provided in the Contract and, save as aforesaid, all warranties, terms, obligations or duties, express or implied by statute, common law or otherwise in relation to the Contract or any term or terms thereof or its or their performance are hereby excluded.
5.4. The total liability of the University under the Contract or otherwise (whether or not caused by the negligence of the University, its employees, agents or sub-contractors) arising out of or in connection with the performance or purported performance of or failure in the performance of the Contract shall not exceed the total Fee (excluding VAT) payable by you to the University under the provisions of Clause 1 herein. The University expressly excludes liability for indirect or consequential loss or damage for loss of profit or goodwill which may arise out of or in connection with the performance or purported performance of or failure in the performance of the Contract.
6. General
6.1. The rights and remedies of the University expressed in these Terms and Conditions shall be in addition and without prejudice to any other rights or remedies which may be available to the University at common law or under statute.
6.2. All bookings accepted by the University are subject to these Terms and Conditions and the Contract which supersede all prior representations by the University or any of its employees and override any other terms and conditions stipulated or incorporated or referred to by you in any negotiations, and the Contract and these Terms and Conditions are the only terms and conditions upon which the University agrees to perform the Contract, unless otherwise expressly agreed in writing by the University.
6.3. No modification or alteration of the Contract shall be enforceable, save as otherwise provided in these Terms and Conditions, unless agreed in writing by the University and you.
6.4. No waiver or delay on the part of the University to exercise any right or remedy available to it, in terms of the Contract or otherwise shall operate as a waiver of that or any other right or remedy nor shall any partial exercise preclude any other further exercise of that or any other right or remedy.
6.5. Any waiver by the University of any breach by you is not a waiver of any subsequent breach.
6.6. The Contract does not create, confer or purport to confer any benefit or right enforceable by any person not a party to it by virtue of the Contracts (Rights of Third Parties) Act 1999.
6.7. Should any provision of the Contract be found by any competent authority to be invalid, unenforceable or unreasonable, it shall be severed from the remainder of the Contract which shall continue in full force and effect.
6.8. The Contract is personal to you who shall not be entitled to assign or transfer in whole or part the benefit and/or the burden thereof without the University’s prior written consent.
6.9. All notices to be given by either Party to the other under the Contract shall be validly served only in writing and delivered personally or sent by first class prepaid post or facsimile to the respective addresses (or facsimile number) in the United Kingdom as the relevant party has notified for such purpose or, if you is a company, to its registered office from time to time, and in the case of posting shall be deemed to have been properly served on the second day after the date of posting and in the case of facsimile shall be deemed to have been properly served on receipt of a successful transmission report.
6.10. The University warrants to you that all Personal Data (as defined in the Data Protection Act 1998) provided to the University in relation to the Contract, shall be handled by the University strictly in accordance with said Act as amended, and with the provisions of any other applicable data protection legislation.
6.11. These terms and conditions and the Contract shall not constitute and shall not be deemed to constitute any relationship of partnership or agency between the University and you.
6.12. The Contract shall be governed by and construed in all respects in accordance with the laws of England. The University and you hereby submit to the exclusive jurisdiction of the English courts.
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