Terms & Conditions
1.1 What these terms cover. These are the terms and conditions ("Terms"), as updated from time to time, upon which we will supply you with the Loughborough University Short Courses. Short courses are our non-credit bearing courses that are offered online or face-to-face and which are self-led or delivered on scheduled dates ("Short Course").
1.2 Why you should read these terms. You should read these Terms carefully before registering for a place on a Short Course.
1.2.1 We recommend that you download and save a copy of these Terms for future reference.
1.2.2 By registering for a place on a Short Course, you agree to be bound by these Terms and the documents referred to in them. For registrations via the University website, by clicking on the 'Accept' button you agree to these Terms which will bind you. If you do not agree with or accept any of these Terms, you should not register your place on a Short Course.
1.2.3 These Terms apply only if you are registering for a Short Course as a consumer (ie for purposes outside of your business, craft or profession). If you are registering for a Short Course in the course of business, the University business terms and conditions apply to such registrations.
1.3 Other terms may apply. These Terms are in addition to the University website terms and conditions and any Short Course specific terms and conditions that may apply. If there is any conflict between these Terms, the University website terms and conditions and any Short Course specific terms and conditions which might apply to a specific Short Course then the conflict shall be resolved by applying the following order of priority:
126.96.36.199 Short Course specific terms and conditions;
188.8.131.52 these Terms;
184.108.40.206 University website terms and conditions.
2. Information about us and how to contact us
2.1 Who we are. We are Loughborough University, an exempt charity established by Royal Charter with number RC000332 and whose registered office is at Ashby Road, Loughborough, Leicestershire LE11 3TU ("we" "our" "University").
2.2 How to contact us. You can contact us in writing by email at NCSEM-Education@lboro.ac.uk or by post at School of Sport, Exercise and Health Sciences, Loughborough University, Ashby Road, Loughborough, Leicestershire LE11 3TU.
2.3 How we may contact you. You must make sure that you provide us with a correct and valid email address which we will use to correspond with you. You must inform us of any changes to your preferred email address. We will send you important information to your email address and it is your responsibility to monitor your emails regularly. We do not take any responsibility for failure of communication due to incorrect/invalid email accounts and therefore it is your responsibility to manage your filters on your account to ensure that our emails are not sent to your spam or junk folders.
3. Short Courses
3.1 Short Course descriptions. A description of the Short Courses we offer, together with the dates on which the Short Courses will begin, are available on our website.
3.2 Providing the Short Course. The content and material of our Short Courses will at all times comply with the laws of England and Wales. We will use our reasonable endeavours to (i) provide the Short Courses with reasonable care and skill in accordance with the description set on our website; and (ii) comply with the timetable for the delivery of the Short Course which is set out on our website. However, you agree that these dates may be subject to change from time to time.
3.3 Our right to make changes. We reserve the right to make any changes or withdraw any of the Short Courses described on our website without notice where it is reasonably necessary to do so and in order to ensure that they comply with any applicable law or satisfy any regulatory or academic requirements.
3.4 Suitability of the Short Course. We expect you to confirm that the Short Course you are registering for will meet your needs. We do not make any guarantee to you that you will obtain a particular result from your completion of the Short Course.
3.5 English language. Unless we inform you otherwise, all Short Courses shall be delivered in English and it is your responsibility to ensure that your English language proficiency is sufficient for you to fully participate in the Short Course.
3.6 Short Courses for UK consumers only. Our Short Courses are only available to consumers residing in the United Kingdom.
4. Registering for a Short Course
4.1 Registration. In order to purchase a place on a Short Course you must register for an account via our website. If you already have an account with us, you can log into your account using your username and password. Please read and check your registration carefully before submitting it. You will be able to correct any errors before submitting your registration to us.
4.2 Suitability of hardware and software. Before you register for a Short Course, you must check that the hardware and software requirements of your computer or device mean that you can access the Short Course. It is your responsibility to ensure that you have the equipment, hardware, software and internet bandwidth to be able to access the course material. Please check the Short Course description for any other specific equipment requirements.
4.3 Receiving a confirmation email. You will be sent confirmation by email once you have successfully paid (or in the case of a free course, signed up) for your chosen Short Course ("Confirmation of Registration"), at which point a legally binding contract will be in place between us and you (the "Contract"). The Contract will continue until the completion of the Short Course unless it is cancelled earlier in accordance with clause 10 or 12.
4.4 We might not accept your registration. We may contact you to say that we do not accept your registration. This is typically for the following reasons:
4.4.1 the Short Course you have registered for is no longer available; or
4.4.2 you are not allowed to purchase a Short Course from us.
4.5 If you submit your registration close to the course start date. In the case of a Short Course scheduled for a specific date, if you submit your registration to us less than 14 calendar days prior to the Short Course commencing, you waive your statutory right to cancel with a full refund (please refer to clause 10.1).
5. Fees and payment
5.1 Where to find the Short Course fees. You agree to pay the fees due for the Short Course as set out on our website. Unless otherwise stated, all fees are payable in GBP on the date of registration. If VAT is payable, we will make this clear on our website before you proceed to the payment process.
5.2 If you do not pay. If you do not pay the fees at the time of registration, you will not be entitled to start the Short Course.
5.3 Methods of payment. Fees can be paid online using your credit or debit card. Your credit or debit card will only be charged once the Confirmation of Registration has been sent to you.
5.4 Our right to vary the fees. At our sole discretion we reserve the right to vary any fees for our Short Courses in advance of any purchase. Any variation or amendment will be effective immediately upon posting on our website.
6. Short Course content
6.1 Our intellectual property rights. All intellectual property rights in the Short Course materials are owned by us or our licensors. We and our licensors reserve all rights to the intellectual property rights which means that we remain owners and are free to use them as we see fit. Except where you have permission to use the Short Course under this clause 6, you will not obtain any rights of ownership or other rights (of whatever nature) in the Short Course content or in any copies of it. This means that you do not have any legal rights in the Short Course materials other than which are necessary to enable you to complete the Short Course and you must not share the materials with anyone else.
6.2 What are intellectual property rights. Intellectual property rights mean copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
6.3 Your rights to use the Short Course content. When you register for a Short Course and you access the course content, you will not own it. Instead we grant to you a limited, non-transferable, non-exclusive licence to use the Short Course material for the sole purpose of completing the Short Course.
6.4 The Short Course content:
6.4.1 is personal to you. You must not give your login details to any third party without our prior written consent. You may download and use the Short Course material for your own personal, non-commercial use only;
6.4.2 is non-exclusive to you. We may supply the same or similar content to other users; and
6.4.3 contains information which is owned by us and/or third parties. You must not conceal, change or remove any markings which shows who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
6.5 You agree not to (and will not attempt to):
6.5.1 copy, modify, reproduce, re-publish, sub-licence, sell, broadcast, upload, make available or distribute any of the Short Course material, in whole or in part, to any third party without our prior written permission;
6.5.2 use the Short Course material in the provision of any other course or training;
6.5.3 modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Short Course material;
6.5.4 circumvent, disable or otherwise interfere with any security related features on our website or any features that prevent or restrict use of copying of the Short Course content;
6.5.5 knowingly transmit any data or send or submit any content that contains trojan horses, worms, time-bombs, spyware or any other harmful programme or similar computer code to adversely affect the operation of any computer software or hardware; or
6.5.6 access the Short Course content for any commercial uses or for the benefit of any third party, including but not limited to the sale of access to the Short Course content or any associated content.
6.6 Uploading material to the Short Course platform. Where you are required to upload material to the Short Course platform, for example as part of an assessment, you:
6.6.1 confirm that the material you upload does not infringe the rights of a third party; and
6.6.2 give us permission and the right to use the material in full or in part for our future Short Courses and in associated promotional material. You must notify us in writing prior to the commencement of the Short Course if you do not wish to give us this right.
7. Online short courses
7.1 Access to the Short Course platform. Once we have sent you a Confirmation of Registration, you will be able to access the Short Course platform and your login details to access the course.
7.2 Length of Short Course. Where the Short Course is for a set period of time, you will be notified of the length and the final submission date for any associated assessments. After the Short Course end date, your access to the resources shall cease, whether you have completed the content or not.
7.3 Connection issues. If you encounter connection issues that are disruptive to other attendees, we have the right to suspend your access to the course until the issue is resolved.
7.4 Technical problems. It is your responsibility to manage any technical problems you may encounter following registration of a Short Course as we cannot provide any technical or ancillary support.
7.5 Availability of Short Course content. We will use our reasonable endeavours to make the Short Course content available online but we cannot guarantee that it will be uninterrupted, available in a timely or error-free manner or free of defects. We reserve the right to suspend access to the Short Course content for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Short Course platform.
7.6 Our liability for content you upload. To the extent permitted by law, we do not accept any liability whatsoever for any loss, destruction or corruption of or to any data or content uploaded to the Short Course platform. You must keep separate copies of any work that you upload to the Short Course platform.
8. Face-to-face on-campus Short Courses
8.1 Attending on-campus sessions. You agree to attend all specified on-campus sessions and only use any facilities and equipment provided by us during the delivery of your Short Course.
8.2 If we postpone a Short Course. If we have to postpone a face-to-face Short Course for a reason that we are responsible for, which could include but is not limited to the availability of staff, we will make every effort to reschedule the session for an alternative time to ensure the total course hours are accounted for.
8.3 If you miss a scheduled session. If for any reason you are unable to attend the Short Course and miss a scheduled session, it is your responsibility to catch up on the material missed. Additional charges may be payable if you require additional support following any non-attendance. Your non-attendance does not entitle you to any refund of fees.
8.4 Travel, visa and other arrangements. If you are travelling to the United Kingdom to undertake a Short Course:
8.4.1 it is your responsibility to ensure that you have satisfied the necessary visa requirements with the UK Border Agency: https://www.gov.uk/apply-to-come-to-the-uk. You will not be permitted to commence your Short Course unless you have a visa or other travel documentation that confirms your eligibility to study in the United Kingdom and have presented your documentation to us;
8.4.2 you must include your local contact details when you register for a Short Course in case we need to contact you prior to the Short Course commencement date; and
8.4.3 you are recommended to check the status of your registration before you book your travel, accommodation and sustenance arrangements. We will not be responsible for any such costs.
9. Your privacy and personal information
10. Your cancellation rights
10.1 Your right to change your mind (Consumer Contracts Regulations 2013). Except in the case of Clause 10.2 and 10.3, if you are a consumer and are not entering into the Contract for purposes connected with a business, provided you contact us no more than 14 calendar days after receiving the Confirmation of Registration, then you have a legal right to cancel the Contract by notifying us in writing or by email and receive a full refund. We will refund any fees you have paid within 14 calendar days of receiving your cancellation notice.
10.2 Changing your mind if a face-to-face Short Course is due to commence within the 14 calendar day period. If the Short Course is due to commence within 14 calendar days from receipt of the Confirmation of Registration, by continuing to engage with us in your preparation for the Short Course you cannot change your mind and you will not be entitled to a refund. If you commence the Short Course and attend the scheduled sessions, you will be deemed to have waived your statutory right to cancel and no refund will be offered.
10.3 Changing your mind if an online Short Course is due to commence within the 14 calendar day period. If you are due to be given access to the online Short Course within 14 calendar days after receiving the Confirmation of Registration, by accessing the Short Course platform and the course content you agree that the Short Course begins within the 14 calendar day cancellation period. You acknowledge that by accessing the online platform and Short Course content, you cannot change your mind and you will be deemed to have waived your statutory right to cancel and no refund will be offered.
10.4 Your other rights. Your other rights to cancel under these Terms are in addition to the rights under clause 10.1.
10.5 Ending the Contract due to something we have done. You may also cancel the Contract at any time if:
10.5.1 we breach the Contract in a material way and do not take corrective action within 25 working days of you asking us in writing to do so. If we fail to take corrective action we may offer you a partial refund from the cancellation date in such sum to represent the part of the Short Course that you failed to benefit from. If you had access to the full Short Course prior to the cancellation date then you will not be entitled to a refund; or
10.5.2 we go into liquidation or an administrator is appointed over our assets. In such circumstances, you will be refunded the total fees paid.
11.1 Entitlement to a refund. Except where these Terms provide otherwise, you shall not be entitled to a refund of fees.
11.2 When you will receive a refund. If you become entitled to a refund under these Terms, refunds will be made as soon as possible following cancellation and in any case will be authorised within 30 calendar days of the day of notice of cancellation.
11.3 How we will refund you. Refunds, if applicable, will only be made to the debit/credit card used for the original transaction.
12. Our cancellation rights
12.1 Minimum number of attendees. We shall be entitled to cancel the Contract no later than 5 working days before the Short Course is due to commence if the minimum number of attendees has not been reached. In such instances you will be offered the option to:
12.1.1 transfer onto an alternative available Short Course; or
12.1.2 cancel the Contract and receive a refund of fees in accordance with clause 11.
12.2 Ending the Contract due to something you have done. We shall be entitled to cancel the Contract and cease to provide you with access to the Short Course with immediate effect in the event that:
12.2.1 you fail to pay the fees due for the Short Course;
12.2.2 you breach the Contract in a material way and do not take corrective action within 10 working days of us asking you in writing to do so;
12.2.3 you breach clause 6 of these Terms; and
12.2.4 we find that you are under the age of 18 and breach clause 13.
13. Age requirement
Unless the Short Course is specifically advertised as being for persons under the age of 18, we cannot accept your registration if you are under the age of 18. By registering for a Short Course, you warrant that you are over the age of 18.
14.1 Your statutory rights. Nothing in these Terms affects the statutory rights that you are afforded as a consumer.
14.2 Short Courses are provided on an "as is" basis. The Short Course content is provided on an "as is" basis and we make no warranty or representation to you that undertaking the Short Course may lead to any particular result.
14.3 Our limitations of liability to you. If we fail to comply with the Contract, we are only responsible for foreseeable loss and damage that you suffer as a result of a breach of the Contract or our negligence. We are not responsible for any loss or damage that is not foreseeable. Foreseeable loss or damage is that which is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract. Subject to clause 14.4 our total aggregated liability to you for any foreseeable loss or damage that you may suffer which arises out of or in connection with the Contract is limited to the total fees paid or payable by you or, in the case of a free Short Course £1,000.
14.4 We do not exclude our liability where it would be unlawful to do so. We do not exclude or limit in any way our liability for:
14.4.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
14.4.2 fraud or fraudulent misrepresentation; or
14.4.3 any other losses which cannot be excluded by applicable law.
15. Events beyond our control
We will not be liable to you for any delays or loss caused to you under this Contract which results from events which are beyond our reasonable control, such as: industrial action, acts of god, acts of terrorism, the unanticipated departure or absence of key members of University staff, or failure by third party suppliers and subcontractors. If the period of delay prevents us being able to deliver the Short Course for a period of 3 weeks or more and we cannot offer you an alternative Short Course or alternative means of delivery, we shall be entitled to terminate this Contract. In such circumstances, we may offer you a partial refund from the date of the event to represent the sum for the part of the Short Course that you failed to benefit from.
16. Complaints and resolving disputes
16.1 If you are unhappy with the Short Course you registered for, our service to you or any other matter, please contact us as soon as possible. We shall first attempt to resolve the complaint with you informally. You should send your correspondence to your tutor or organiser of the course in the first instance.
16.2 In the unlikely event that we are unable to resolve the complaint informally within 28 calendar days of the complaint being notified to us in writing, we will provide you with details of our alternative dispute resolution procedure.
17. Changes to the Website and these Terms
We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements. When we update our Terms, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on our website and you are advised to check this page every time you use the website.
18. Other Important Terms
18.1 If a court finds part of this contract illegal, the rest will continue in force. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.
18.2 Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 (which is expressly excluded) or otherwise.
18.3 Assigning the Contract. We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.
18.4 Entire agreement and waiver. These Terms, the website terms and conditions and any Short Course specific terms and conditions set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.
18.5 Which laws govern the Contract and where you may bring legal proceedings. These Terms and your Short Course are governed by and construed in all respects in accordance with the laws of England and Wales. Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access to the Short Course, including as to the validity of these Terms or policy issued by us, will be subject to the exclusive jurisdiction of the courts of England and Wales.