Warmur Academy Ltd Course Terms & Conditions

Last Amended: May 21st, 2024

These Terms are the terms and conditions on which Warmur Academy Ltd (WA/we/us) provide study materials, training events and training services (a Course) to Customers and Delegates (as defined below).

By making a booking onto a Course the Customer and Delegate are deemed to accept these terms and conditions.

Definitions

In these terms and conditions the following terms have the following meanings:

“Booking” means the booking made by either a Customer or a Delegate, whether online, by email, phone or post, in respect of a Course.

“Contract” means the agreement between the Customer and/or Delegate and Warmur Academy for the Course incorporating these Terms together with the Booking and Warmur Academy’s acceptance of it.

“Course Fees” means the fees for the Course.

“Customer” means the individual, company or entity who has made the Booking for the Delegate/s to attend the Course and is responsible for paying the Course Fees. The Customer may be the same person as the Delegate.

“Delegate” means the individual/s who are booked to attend the Course.

Application of these Terms

These Terms apply to and form part of the Contract between the Customer and Warmur Academy and the Delegate and Warmur Academy, as applicable. They supersede any previously issued terms and conditions.
Part A of these Terms are applicable to the Customer, Part B of these Terms are applicable to the Delegate, and Part C of these Terms are applicable to both the Customer and the Delegate. Please note you may be both a Customer and a Delegate.
No variation of these Terms or to a Booking shall be binding unless expressly agreed by Warmur Academy in writing.
No Booking is accepted until Warmur Academy confirms the Booking in writing.
Any marketing or promotional material relating to any Course is illustrative only and does not form part of the Contract.

PART A – ONLY APPLICABLE TO THE CUSTOMER

Fees and Payment Terms

The Course Fees shall be set out at the time of booking and are payable by the Customer. All fees are inclusive of VAT chargeable from time to time and include the cost of all training materials the Warmur Academy provides to Delegates as part of the Course.
At the time of booking, the Customer will be required to pay the full amount of the Course Fees to confirm the placement of the Delegate on the Course.
Where a Delegate attends a Course through government or other funding, the Customer is obligated, where applicable, to provide all relevant information required to complete funding paperwork. Failure to produce the necessary information prior to the Course commencing or failure or delay in producing the information to allow funding to be claimed, will result in the Customer being liable for the Course Fees.
Where the Customer has made an application for funding and the application is unsuccessful for whatever reason, or where the funding is not available, the Customer will be liable for the Course Fees.
Where a Delegate cancels or fails to attend, whether the Course Fees were funded or not, the cancellation fees in clause 5 will be payable by the Customer.

Delegate Information

Delegate names and email addresses should be provided to Warmur Academy at the time of booking. If a Delegate does not have an email address, the Customer should provide an alternative email address to receive course communications.
It is the Customer’s responsibility to notify Warmur Academy prior to the Course commencing, of any special requirements relating to the Delegate/s attending the Course. Failure to do so may result in the Delegate/s needs not being sufficiently met, for which Warmur Academy shall not be held liable.

Cancellation and Postponement

The Customer must submit all cancellations in writing to bookings@warmuracademy.co.uk. Refunds or credit will only be awarded where notice of cancellation is received within the required notice period (see clause 5.3). Warmur Academy accepts no responsibility for failure to communicate intention to cancel Course bookings.
If a Delegate fails to attend a Course without cancelling the Customer will remain liable for the full Course Fees.
Subject to clause 5.5, if a Customer chooses to cancel the Delegate’s attendance for a Course more than 21 days’ notice before the Course start date, the Customer will receive a refund of 25% of the amount already paid. If the Customer cancels the Delegate’s attendance less than 21 days before the Course start date, the Customer will not be entitled to any refund.
Refunds due to cancellations made due to extenuating circumstances (e.g. illness related cancellations and/or postponements) will be dealt with on a case-by-case basis at Warmur Academy’s sole discretion, provided official documentation/evidence is given as soon as practicable.
If the Course is an accredited course, then Warmur Academy may have already made payment to the relevant accrediting body in respect of the Delegate’s attendance on the Course. Where Warmur Academy has made this payment, any refund paid to the Customer under clause 5.3 will be reduced by the amount paid to the accrediting body.
The Customer may postpone the Delegate’s attendance on a Course by transferring to an alternative future Course.
Requests to transfer to an alternative future Course must be submitted in writing to bookings@warmuracademy.co.uk and with not less than 30 days’ notice prior to the start date of the original Course date.
Only one transfer per Delegate per booking is allowed.
Payment is made to Warmur Academy for the original course date. Upon receiving payment Warmur Academy will provide the transferred delegate with a credited space on an alternative course date or transfer the course to the agreed revised date.

PART B – ONLY APPLICABLE TO THE DELEGATE

Delegate Conduct

All Delegates are expected to:

treat Warmur Academy staff, Course leaders and fellow Delegates with respect at all times;
demonstrate a positive attitude towards the Course and commitment to the learning objectives by participating fully in the Course activities;
keep Course leaders informed of any difficulties that may affect their progress through the Course;
behave professionally, responsibly and safely at all times;
follow any rules set by the venue or facility at which the Course may be delivered; and
if attending a Course being delivered virtually, have their camera on during the delivery of the Course.

Where a Delegate fails to adhere to the expected behaviour detailed in Clause 6.1, or is guilty of inappropriate conduct, or behaves in way that has a detrimental effect on other delegates or results in the disruption of the Course, Warmur Academy reserves the right to remove the Delegate from the Course.
Where a delegate is removed from a Course under clause 6.2, the full Course Fee remains payable by the Customer and no refund will be given.

PART C – APPLICABLE TO BOTH THE CUSTOMER AND THE DELEGATE

Course Information

Initial joining instructions will be automatically sent to Delegate/s by email at the time the Booking is accepted. Further joining instructions will be sent no later than 4 days prior to the commencement of the Course. Where a Customer has provided an alternative email address at the time of Booking, the Customer is responsible for ensuring that all joining instructions are forwarded to the Delegate/s.
Delegates must ensure that they have read all instructions sent by us prior to the commencement of the Course.
Where a pre-course questionnaire has been issued, Delegates must ensure that this is completed and returned no later than 7 days before the commencement of the Course.

Course Attendance

The Customer shall ensure that each Delegate attends the course on the agreed date. Regardless of joining instructions being received or not, failure to attend a course is the responsibility of the Customer.
It is a Delegate’s responsibility to be punctual when attending a course. If a Delegate is unpunctual or absent from any part of a Course, Warmur Academy is under no obligation to provide extra tutoring to assist the Delegate in catching up on any content missed. Warmur Academy can provide support, if requested at an additional cost to the Customer.
Delegates must comply with joining instructions provided ahead of the Course start date, failure to do so could result in non-completion of a Course.

Disclaimers and Limitations

Nothing in this clause limits Warmur Academy’s liability for death or personal injury caused by its negligence or for any other liability that cannot be limited by law.
Subject to clauses 9.1, 9.3 and 9.4 liability of Warmur Academy for all losses arising in connection with the Contract, whether arising in tort, (including negligence) contract or otherwise will be limited to the amount of the Course Fees paid by the Customer for the relevant Course.
Warmur Academy shall not be liable for any loss or damage arising out of statements or views and opinions expressed by its employees, associates or other third parties.
Warmur Academy shall not be liable for any loss or damage to the property or belongings of any Delegate that is lost, damaged or stolen when attending a Course, unless such loss or damage was directly caused by Warmur Academy’s actions.
While Warmur Academy endeavours to ensure that all information is correct, we do not warrant the accuracy and completeness of the material on our website or in any corporate brochures or prospectuses. We reserve the right to make changes to the material on our website or to the products and prices described in it at any time without notice including the right to alter lectures, times, date(s) and venue of the Course at any time.
Save as expressly set out in the Contract, Warmur Academy gives no warranties and makes no representations in relation to the Course and all warranties and conditions, whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

Intellectual Property

All intellectual property rights (including but not limited to copyright) in a Course or other learning materials made available in connection with a Course belong to Warmur Academy, or another company in the same group of companies as Warmur Academy.
Delegates are granted a non-transferable, non-exclusive licence to use the Course materials in a personal capacity and only for the purposes of studying on the Course or for future use, provided the Course materials cannot be shared, copied or amended.
Delegates and Customers agree that they will only use the Course materials for study purposes and that they will not copy, make available, transmit, reproduce, sell, licence, distribute, publish or broadcast or otherwise circulate the materials.

How we may use your personal information

When making a Booking we will collect personal information about you and about the Delegates who are going to attend the Course.
In accordance with data protection laws, we are only allowed to use the personal information that we collect about Customers and Delegates where we have a lawful basis for doing so. For more information about how we use your personal information and our lawful basis for doing so please see our Privacy Policy which can be found at https://warmuracademy.co.uk/privacy.

Force Majeure

Warmur Academy shall have no liability under or be deemed to be in breach of the Contract for any delays or failures in performance of the Contract which result from Force Majeure. For the purpose of this Contract, Force Majeure shall mean an event or sequence of events beyond Warmur Academy’s reasonable control preventing or delaying it from performing its obligations under the Contract.

Variation

No variation of the Contract shall be valid or effective unless it is agreed in writing by Warmur Academy.

Severance

If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected.
If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with the minimum such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.

Waiver

No failure, delay or omission by Warmur Academy in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.

Compliance with Law

Warmur Academy, the Customer and Delegates shall comply with all laws applicable to the provision of the training services provided under this Contract.

Third Party Rights

Except as expressly provided, a person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.

Governing law and jurisdiction

The Contract and any dispute or claim arising out of, or in connection with it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Scotland.
The parties irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).