1.1 These terms and conditions (the "Terms") are the basis of the contract (the "Contract") between Optimised Training centre Limited ("OTC"/"us"/"we"/"our") and you.
1.2 You should print a copy of these Terms or save them to your computer for future reference.
1.3 We may amend these Terms from time to time. Every time you wish to make a booking with us, please check these Terms to ensure you understand the terms which will apply at that time.
APPLICATION OF THESE TERMS
2.1 Payment of the requisite fee is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
2.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
2.3 We have the right to revise and amend these Terms from time to time. You will be subject to our Terms (including policies and procedures) in force at the time that you enrol on a course with us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case the same will apply to courses you have enrolled on or started.
2.4 If you do not provide us with the requisite information, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may make an additional administration charge of a reasonable sum to cover any extra work that is required or choose to cancel the Contract.
APPLICATION, ENROLMENT AND PAYMENT
3.1 Applications will only be accepted with full payment.
3.2 If your course requires you to have a particular qualification, you must provide proof of that qualification when enrolling.
3.3 The balance of course fees (i.e. the total fee(s) less any deposit previously paid) is due no later than the day before the course starts. If the balance is not paid by this date, we reserve the right to suspend access to online accounts and/or treat the course as being cancelled and offer the place to another student.
3.4 All course bookings are subject to availability. If you have a question regarding this issue please contact your our customer service team on 0121 2408002.
CHANGES AND CANCELLATIONS BY YOU
5.1 Cancellation under the Distance Selling Regulations
5.1.1 If you are a consumer and make a booking via our website or by telephone, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 (‘Distance Selling Regulations’) during the period set out in clause 5.1.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to enrol on a course, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office. A cancellation form is available on request.
5.1.2 If you exercise your legal right to cancel under the Distance Selling Regulations, you will receive a full refund of the price you paid when. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation as described clause 5.1.3.
5.1.3 Your legal right to cancel a Contract starts from the date when a booking is made - which is when the Contract between us is formed. You have a period of 14 (fourteen) calendar days in which you may cancel the booking; you must not have signed into the course contents at anytime. Starting from the day after the day when the booking is made. If this period ends on a Saturday, Sunday or public holiday then the period will be extended until the next working day.
5.1.4 ‘If your course is due to start within the cancellation period as in Clause 5.1.3 then your legal right to cancel is as follows:
18.104.22.168 If your course has started and ended during the cancellation period then your legal right to cancel will not apply
22.214.171.124 If your course has started but is due to end after the cancellation period then your legal right to cancel still applies. However, you will have to pay a proportion of the course fee which we will base on the total price of the course and the period of the course from the start date to the date of cancellation.
126.96.36.199 For short courses online the contract is formed upon booking and course commencement is instant then your legal right to cancel will not apply
5.2 Other rights of Cancellation
5.2.1 When you make a booking, you must pay the full fee for the course. This is only refundable if you are dissatisfied with the course and contact us at firstname.lastname@example.org within 5 days of starting your course. You must not have completed more than one chapter in order to receive a refund. Refund will be subject to administration fees and 50% of course fees.
5.3 Any alterations and/or cancellations are at our discretion and are subject to an administration fee,
5.4 In cases where a refund of fees is due, this will be returned to you (at our election) either by cheque or a direct refund on to the credit/debit card used as the original method of payment. The administration fee will be deducted from the amount refunded. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation.
5.5 We reserve the right to make additional charges on cancellation to cover costs incurred by us in respect of course materials, online learning registrations and/or tutor time. You will be notified of any charges that may be applicable on cancellation.
CHANGES AND CANCELLATIONS BY US
6.1 If circumstances arise that are beyond our control, it may be necessary from time to time to change/cancel course dates, content, venues and prices from those published. Whilst we will make every effort to transfer your booking to the next available course at your preferred venue, it should be noted that we will not be held liable for any costs/losses incurred as a result of any such changes. If we are no longer able to provide your course, we will ask you to return any course materials to us (at our expense) in the condition as originally delivered to you and refund to you any fees paid to date when we receive the materials as required.
6.2 We reserve the right to remove from any course, students that fail to comply with its standard practices and procedures. We reserve the right to refuse enrolments and/or suggest alternative arrangements if we believe that it will not be in our best interests of other participants and/or the individual concerned to attend one of our courses.
7.1 If you are a business, subject to clause 7.4, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
7.1.1 any loss of profits, sales, business, or revenue;
7.1.2 loss or corruption of data, information or software;
7.1.3 loss of business opportunity;
7.1.4 loss of anticipated savings;
7.1.5 loss of goodwill; or
7.1.6 any indirect or consequential loss.
7.2 In any event, our liability to you in respect of any claim made will not exceed the course fee paid by you.
7.3 If you are a consumer, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
9.1 Data collected from you will be used to administer the course or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information. Subject to clause 9.2, we will not pass your data to third parties.