Terms and Conditions of Business for Role Models Life Skills Ltd Non Residential Courses
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU BOOK A COURSE WITH ROLE MODELS LIFE SKILLS LTD. THIS IS A LEGALLY BINDING CONTRACT AND CONTAINS LEGAL OBLIGATIONS AND LIABILITIES WHICH WILL APPLY TO YOU.
The following terms and conditions shall apply to you, should you decide to enrol your child to a course conducted by Role Models Life Skills Ltd and you book a course in the UK through rolemodels.me/courses or Internationally through rolemodels.me/courses/international-courses.
If you do not wish to agree to these terms and conditions please do not obtain the services of Role Models Life Skills Ltd or book a course conducted by Role Models Life Skills Ltd.
- The following expressions shall have the following meanings:
“Course (s)” means a children’s course run by RMLSL which shall consist of various sessions as may be detailed in the Course Prospectus.
“Conditions” means the terms and conditions as set out in this document and any subsequent variations that may be made by RMLSL from time to time.
“Customer” means any family, third party, individual, partnership, company or other organisation or entity who enrols a child in a Course.
“Engagement” means engagement or use of RMLSL’s Services by the Customer.
“Participant” means any child who attends a Course.
“Pre-Course Information Form” means the online form filled in by the Customer once a Course booking has been made detailing the Customer’s child’s data and information.
“Role Model” means any person providing care on behalf of RMLSL for Engagement.
“RMLSL” means Role Models Life Skills Ltd, a company registered in England and Wales with company number 11918071.
“RMLSL Fee” means the relevant fee payable to the RMLSL for the Services as set out in Clause 5.
“RMLSL Intellectual Property” means all intellectual property rights in any information, know how and material related to the Courses provided to the Customer or the Customer’s child which shall include (without limitation) the teaching and other processes, marketing materials, handouts, presentations, books, documentation, software, course content, lesson plans, manuals, data, and any other rights.
“Services” means the services provided by the RMLSL to the Customer during a Course as described in these Conditions.
- BOOKING A COURSE AND ENGAGEMENT
- The Customer may book a Course in the UK through rolemodels.me/courses or Internationally through rolemodels.me/courses/international-courses. All information related to a Course shall be found in the Course Prospectus.
- These Conditions shall apply to the Customer immediately when a Customer books a Course.
- RMLSL shall have a right to reject a booking at its sole discretion without any liability to the Customer. In the event RMLSL rejects a booking the Customer’s child shall not be entitled to participate in the Course.
- Should the booking made by the Customer be accepted by RMLSL, these Conditions shall apply to the Customer to the exclusion of all other terms and conditions and shall supersede any other documentation or communication between the Customer and the RMLSL.
- RMLSL reserves the right to reject entry to a Customer’s child at a Course at any time even after acceptance of a booking if RMLSL becomes aware that the information provided by the Customer in the Pre-Course Information Form is misleading, inaccurate or incorrect or the Customer fails to make payment of the RMLSL Fee as detailed in Clause 5. In such an instance RMLSL shall not be liable to reimburse the RMLSL Fee (if paid) to the Customer.
- For a Course to run successfully RMLSL need a minimum number of bookings. This number varies depending on the nature and location of the Course. Should this number not be reached four (4) weeks prior to the start date of the Course, RMLSL reserve the right to cancel the Course. Such cancellation shall be notified to the Customer.
- If a Course is cancelled by RMLSL, RMLSL shall fully reimburse the RMLSL Fee (if paid) to the Customer within a maximum of ten (10) calendar days of announcing the cancellation.
- If a Course is cancelled on the advice of Public Health England, then the Customer shall receive credit towards one of RMLSL’s future Courses based on availability and equivalent cost but NOT a reimbursement. This will be redeemable up to 12 months after the date of the original course.
- If a Customer wishes to cancel a booking for a Course prior to its commencement, the Customer must provide at least twenty eight (28) days’ notice in writing to RMLSL. If at least 28 days’notice is provided to RMLSL then the Customer shall receive credit towards one of RMLSL’s future Courses based on availability and equivalent cost but NOT a reimbursement. This will be redeemable up to 12 months after the date of the original course.
- RMLSL shall not be liable to provide a reimbursement or credit note if a Customer wishes to cancel a booking for a Course prior to its start date with less than 28 days’ prior notice. This includes but is not limited to scenarios where the Customer’s child is unwilling to attend the Course, the Customer’s child is unhappy with the teacher or group offered during the Course, the Customer’s child is only attending a portion of the Course and not in totality or on the basis of the mixed gender sessions that RMLSL provide during their Courses.
- If a Customer’s child is removed from a Course or is asked not to return to the Course for behavioural reasons, RMLSL shall not be liable to the Customer for reimbursement of the RMLSL Fee or a credit note as the duty of care to safeguard all Participants and RMLSL staff members is paramount. A decision of this nature will be discussed at length with the Customer before such decision is made, and will be evidenced in writing.
- SUPPLY OF SERVICES
- RMLSL shall use reasonable endeavours to run Courses using Role Models that the RMLSL considers suitable to deliver high quality education and to perform the additional services as further set out in this Clause.
- The RMLSL shall carry out its obligations with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and relevant statutory obligations.
- The RMLSL will take all reasonable steps to ensure Role Models are of sound character, honest and reliable. However the RMLSL cannot be held responsible for the conduct of a Role Model either before or during a Course and does not give any warranty as to the history, character, age, experience, capability, suitability, honesty or immigration status of any Role Model nor as to the completeness, truthfulness or the accuracy of the information supplied to them by the Role Model. The RMLSL accepts no liability for any injury, loss or damage arising from any negligence, misconduct, dishonesty or lack of skill on the part of the Role Model.
- The RMLSL will check that each Role Model providing care at the Courses has had an Enhanced Disclosure Barring Service check (previously CRB) which is valid within the past three years.
- RMLSL will keep a written record of any injury (if any) that occurs during the Courses and feed this back to the Customer at the end of each day.
- RMLSL shall conduct Courses at various locations chosen by RMLSL and the Customer acknowledges that the location of the Courses may vary from Course to Course.
- Time for commencement shall not be of the essence of these Conditions and the RMLSL shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
- RESPONSIBILITIES OF THE CUSTOMER
- The Customer shall complete and submit the Pre-Course Information Form in full and to the best of their knowledge, specifying any information that will help RMLSL to provide the best service possible during a Course. The Customer shall disclose all important information to RMLSL related to their child who is attending the Course, in particular any behavioural, medical and health information including (without limitation) any medical illnesses and conditions and allergies.
- The Customer shall read the Course Prospectus carefully and clarify any questions, prior to booking a Course.
- The Customer warrants that it has the necessary authority to enrol the child in the Course.
- The Customer shall be responsible for any unruly behaviour of the child during the Course and any damages caused by their child during a Course.
- The Customer shall pay the RMLSL Fee as set out in Clause 5 to the RMLSL.
- The Customer shall make arrangements to collect their child at the end of the Course at the time and date specified. If a Customer fails to pick up the child and RMLSL are unable to contact the Customer or their recommended emergency contact, RMLSL will contact the local Social Services authority.
- The Customer shall ensure that their child is accompanied with any medicines that they might require and that written instructions on how to administer the medicines have been shared with RMLSL in advance of attending any Course.
- By providing instructions on how to administer medicines, the Customer is consenting to Role Models administering such medicines as specified to the child. RMLSL hereby excludes liability and does not take any responsibility on any side effects of such medication on the child.
- The RMLSL Fee will vary depending on the Course being booked and such RMLSL Fee shall be detailed on the booking page on the RMLSL website.
- The Customer shall pay RMLSL Fee in full in advance of the commencement of the Course.
- All payments must be made by the Customer within six (6) calendar days of receiving payment instructions from RMLSL, or prior to the start date of a Course – whichever is earliest.
- If any amount due to RMLSL is not paid when due, RMLSL shall be entitled (at its sole discretion) to charge interest on the outstanding amount at the rate of four per cent (4%) above the base rate for the time being of National Westminster Bank PLC compounded quarterly.
- The Customer shall be liable for and shall indemnify RMLSL against all reasonable costs and expenses incurred by RMLSL in respect of any steps, actions or proceedings made or brought against the Customer by RMLSL to obtain payment of outstanding RMLSL Fees and interest.
- The Customer shall be liable to pay an additional £25 as administration fees in the case of an incorrect Course being booked via the RMLSL website, when the Customer requests to transfer to a Course of different price value. The Customer shall be liable to pay the difference in price as well.
- The Customer shall notify RMLSL as soon as reasonably practicable after becoming aware of any matter (a “Relevant Matter”) in respect of which RMLSL may incur any liability to the Customer in negligence, for breach of these terms and conditions or otherwise. Subject as otherwise provided herein, if the Customer fails to make such notification within two (2) weeks of becoming so aware, it will not be entitled to make any claim against RMLSL in relation thereto (and RMLSL shall not incur any liability to the Customer in relation to such Relevant Matter). In the event that a Relevant Matter is properly notified as above, and subject as otherwise provided herein, RMLSL’s liability to the Customer in respect of any breach of these terms and conditions or for negligence or otherwise shall not exceed the amount of the fees payable by the Customer to RMLSL in connection with the Course.
- Notwithstanding any other provision of these terms and conditions, nothing herein will restrict or limit RMLSL’s liability for:
- death or personal injury caused by the negligence of RMLSL; or
- fraud or fraudulent misrepresentation; or
- any other matter for which it would be illegal or unlawful for RMLSL to exclude or attempt to exclude RMLSL’s liability.
- The Customer shall indemnify RMLSL and keep RMLSL indemnified from and against any claims, losses, costs, expenses, damages, or liability made against or incurred by the RMLSL or a Role Model in connection with:
- Any breach of these Conditions by the Customer or the Customer’s child;
- Damage, theft or injury caused to other Participants or their personal property by the Customer’s child during the Course;
- Damage, theft or injury caused to a Role Model, RMLSL’s staff or RMLSL’s property by the Customer’s child during the Course; and
- Any negligent or wilful default of the Customer or the Customer’s child during a Course.
- RMLSL will take all reasonable steps to ensure a child is not hurt by another child (either physically or verbally) during a Course. However, RMLSL cannot be held responsible for the actions of another child and accepts no liability for a child being injured by another child.
- RMSL accepts no liability and hereby excludes all liability for any, losses, claims, expenses, costs or damages arising from the location at which the Course is held.
- RMLSL accepts no liability and hereby excludes all liability for any claim, loss, expenses, costs or damage arising from:
- any negligence, misconduct, dishonesty or lack of skill on the part of the Role Models;
- any injury caused to the Customer’s child or damage to the Customer’s child’s property; and
- the provision of the Services, the Course and the Engagement.
- INTELLECTUAL PROPERTY RIGHTS
- The Customer hereby acknowledges that the RMLSL shall own all intellectual property rights in the RMLSL Intellectual Property.
- The Customer may not replicate or copy the RMLSL Intellectual Property in any way without RMLSL’s prior written consent.
- The Customer accepts that:
- it is only permitted to use the RMLSL Intellectual Property or the purposes and only as authorised by RMLSL under these Conditions;
- other than to that extent, it has and shall have no right to use or to allow others to use the RMLSL Intellectual Property or any part of it and it shall not seek to register any intellectual property on behalf of RMLSL without RMLSL’s express written consent;
- without the consent of RMLSL, it shall not use any trademarks, trade names or get-up which resembles the RMLSL’s trademarks, trade names or get-up and which would be likely to confuse or mislead the public or any section of the public;
- it shall not pass off any other product or material as RMLSL Intellectual Property; and
- it shall not do or omit to do, or authorise any third party to do or to omit to do, anything which could invalidate or be inconsistent with the RMLSL Intellectual Property.
- Occasionally, RMLSL may take photographs or films of children during Courses. RMLSL may use these images or films in RMLSL’s marketing materials or in other printed or digital publications that RMLSL produces, as well as on RMLSL’s website or in social media. To comply with the Data Protection Act 1998 which was subsequently amended by the Data Protection Act 2018, RMLSL needs the Customer’s permission before RMLSL can photograph their child.
- Express confirmation given on the Pre-Course Information Form constitutes the Customer’s consent to such images and films being used.
- With respect to Clause 8.1, the following shall apply:
- RMLSL will not use the personal details or full names (which means first name and surname) of any child or adult in a photographic image or video, on our website, in social media or in any of our other printed or digital publications.
- RMLSL will not include personal e-mail or postal addresses, or telephone or fax numbers on RMLSL’s website, social media, marketing material or in other printed or digital publications.
- If RMLSL use photographs or films of individual children, RMLSL will not use the name of that child in the accompanying text or photo/video caption.
- RMLSL will only use images and films of children who are suitably dressed, to reduce the risk of such images and films being used inappropriately.
- Acceptance of these terms and conditions constitutes the Customer’s consent to receiving the RMLSL monthly e-newsletter and any important updates regarding the RMLSL via email, phone and SMS. The Customer can unsubscribe from these channels at any time by emailing [email protected] or clicking unsubscribe on the e-newsletter.
- The Customer may at any time write to RMLSL and update the information stored by RMLSL. The Customer may at any time withdraw its consent to have photographs of its child being taken by emailing [email protected]
- These Conditions shall continue until the Course is completed or the Course is cancelled by either party as detailed in Clause 2 above.
- The RMLSL may terminate these Conditions if the Customer has failed to make payment as detailed in Clause 5 above (any such termination being without prejudice to the RMLSL’s claim for payments owed) or the Customer is in breach of these Conditions.
- Any rights to terminate these Conditions shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of these Conditions as at the date of termination.
- All information provided by either party to the other, including but not limited to any personal details relating to the Role Model or the Customer, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other or of the Role Model, as the case may be.
- RMLSL shall process all personal data relating to the Customer and the Customer’s child and other individuals in accordance with the Data Protection Act 1998.
- The Customer hereby consents to the processing of any personal data (including Sensitive Data as defined in the Data Protection Act 1998) relating to the Customer’s child for the purposes required for the delivery of a Course. In particular, but without limitation, the Customer consents to the processing (including gathering, storing and use) by RMLSL of medical details relating to the Child for the purposes of protecting the health and safety of the child at any Course.
- RMLSL will take appropriate measures to prevent the unauthorised use or processing, or the loss or destruction of, any personal data that the Customer provides. RMLSL may use personal data which the Customer provides or which RMLSL holds about the Customer or Customer’s child or children for the purposes of delivery of a Course and to keep the Customer informed about other services and products provided by us and selected third parties (but RMLSL will not disclose personal data about the Customer or Customer’s child to any third party except as necessary for the provision of the Course or to comply with overriding statutory obligations).
- These Conditions may be revised by RMLSL from time to time. The Customer is expected to check this page to take notice of any changes RMLSL make, as they are binding on the Customer.
- Neither party may assign transfer or in any way make over any of its rights or obligations to any third party without the written consent of the other party.
- Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing either by letter or email addressed to the other party at its registered office or principal place of business or such address as any at the relevant time has been previously notified to the party giving the notice.
- No failure or delay by either party in exercising any of its rights under these Conditions shall be deemed to be a waiver of that right and no waiver by either party of any breach of these Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
- It is not intended that any of the terms of these Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to these Conditions.
- These Conditions shall be governed by and construed in accordance with English law.
- The English courts have exclusive jurisdiction to determine any dispute arising in connection with these Conditions, including disputes relating to any non-contractual obligations.