Terms Of Business

NEW SKILLS ACADEMY
TERMS OF BUSINESS

1. THESE TERMS

1.1 What these terms cover. Together with our Website Terms of Use, our Privacy Policy and our Cookie Policy (which are expressly incorporated into these terms), these are the terms on which we supply digital content (or “content”) to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide content to you, how you (and we) may change or end the contract between us, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms (or that they require any changes), please contact us by email (to support@newskillsacademy.co.uk) so as to advise us of the issue.

1.3 Are you a business customer or a consumer? With regard to some aspects, you will have different rights under these terms depending on whether you are (i) a business; or (ii) a consumer.  You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.  Please note therefore that, for example, business customers can't cancel their orders, they have different rights where there is a problem with their content and we don't compensate them in the same way for losses caused by us or our content. Where a term applies just to businesses or just to consumers, this is clearly stated. 

1.4 If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty (made or given by, or on behalf of us) which is not set out in these terms, and that you shall have no claim for innocent or negligent misrepresentation, or negligent misstatement based on any statement in our contract with you.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are ‘New Skills Academy’ which is one of the trading names of Academy Plus Group Limited, a company limited by shares registered in England and Wales. Our company registration number is 08761384, and our registered office is at 6 Corunna Court, Corunna Road, Warwick, Warwickshire, England, CV34 5HQ. Our registered VAT number is 382819269.

2.2 How to contact us. You can contact us at support@newskillsacademy.co.uk.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address (or postal address) that you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” (or “written”) in these terms, this phrase includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we email (or otherwise contact) you to accept it, at which point a contract will come into existence between you and us.

3.2 If we are unable to accept your order. We will aim to inform you of this promptly, and we will not charge you for the relevant content. This might be because the content is not currently available, there is an issue with the content, because any credit reference we have obtained for you does not meet our minimum requirements or because we have identified an error in the price or description of the content.

3.3 Your order number / reference. We will assign an order number / reference to your order, and tell you what it is (when we accept your order). It will help us, if you can tell us the order number / reference (whenever you might contact us about your order).

3.4 We primarily sell to the UK. Our website is intended solely for the promotion of our content in the UK. Accordingly, we reserve our discretion not to accept orders from and/or deliver to customers outside the UK.

4. SUBSCRIPTIONS

4.1 Maximum number of courses in a subscription.  If you purchase a subscription, please note that you can start multiple courses up to a maximum of 50 active courses at any time.

4.2 Our subscription partners.  If you purchase a subscription, we will share your information with Career Radar and XO Student Discounts so that they can provide services under the subscription.  When the subscription ends for whatever reason, any data shared with or collected by those parties shall be deleted by them.

4.3 Subscription discounts. Subscription offers cannot be used in conjunction with any other offer.

4.4 Ending a subscription. Please refer to paragraph 10.5 below for more information on this.

5. OUR CONTENT

5.1 You must check that the content you are ordering is suitable for your needs. It is your responsibility to ensure that the content that you are purchasing is suitable for your requirements. We are happy to offer advice but we accept no liability in the event that the contents of the purchased content does not meet your requirements.  

6. YOUR RIGHTS TO MAKE CHANGES

6.1 If you wish to make a change to your order please contact us. We will aim to promptly let you know if the change is possible. If it is possible, we will let you know about any changes to the price, the timing of supply, or anything else which would be appropriate for you to know as a result of your requested change, and we will aim to promptly ask you to confirm whether (or not) you wish to go ahead with the change.

7. OUR RIGHTS TO MAKE CHANGES

7.1 Minor changes to our content or website. We may make changes to our content or website:

(a) to reflect changes in relevant laws and regulatory requirements (from time-to-time); and

(b) to implement minor technical adjustments and improvements; for example to address a security threat. These changes should not affect your use of any content or our website.

7.2 More significant changes to our content, our website and these terms. In addition, we may make more significant changes to our content, our website and these terms, but if we do so, we will aim to promptly notify you, and you may then contact us to end the contract before the changes take effect, and receive a refund for any content or subscription period paid for but not received.

7.3 Updates to digital content. We may update, or require you to update digital content, provided that the digital content shall always match the description of it (that we provided to you before you bought it).

8. DELAYS OUTSIDE OUR CONTROL

8.1 We are not responsible for delays outside our control. If our supply of the content is delayed by an event outside our control, then we will aim to contact you as soon as possible to let you know, and we will aim to take steps to minimise the effect of the delay. Provided we do this, we will not be liable to you (but if the delay is substantial, you may contact us to end the contract, and receive a refund for any content or subscription period you have paid for but not received).

9. SUSPENDING OUR CONTENT AND/OR YOUR SUBSCRIPTION

9.1 Reasons we may suspend the supply of content or your subscription. We may have to suspend the supply of content or your subscription to:

(a) deal with technical problems, or make minor technical changes;

(b) update our content or website (to reflect changes in relevant laws and regulatory requirements or as notified by us to you, in each case in accordance with paragraph 7).

9.2 Your rights if we suspend the supply of content or your subscription. We will aim to contact you in advance to tell you that we will be suspending supply of our content or your subscription, unless the problem is urgent (or an emergency). If we have to suspend our content or your subscription (for longer than an immaterial period of time) we will, where appropriate, adjust the price, so that you do not pay for content or your subscription while they are suspended (provided that such suspension actually impacted your ability to receive the full-value of your content or subscription). You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than an immaterial period of time, and we will refund any sums you have paid in advance for content or your subscription in respect of the period after you end the contract.

9.3 We may also suspend supply of content or our website if you do not pay. If you do not pay us for content or your subscription when you are supposed to (see paragraph 15.4), and you still do not make payment within a reasonable period of us reminding you that payment is due, we may suspend supply of the content to you, or your subscription, until you have paid us the outstanding amounts. We will aim to contact you to tell you we are suspending supply of the content and/or your subscription. We will not charge you for the content or your subscription during the period for which they are suspended. As well as suspending our content and your subscription, we can also charge you interest on your overdue payments (see paragraph 15.6).

10. YOUR RIGHTS TO END THE CONTRACT

10.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract, and whether you are a consumer or business customer:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract – see paragraph 14, if you are a consumer;

(b) If you want to end the contract because of something we have done or have told you we are going to do – see paragraph 10.2;

(c) If you are a consumer and have just changed your mind about the content or the subscription – see paragraph 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

(d) In all other cases (if we are not at fault, and you are not a consumer exercising your right to change your mind in accordance with paragraph 10.3) – see paragraph 10.4

10.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in sub-paragraphs (a) to (e) below, the contract will end immediately, and we will refund you in full for any content or subscription period which has not been provided. The reasons are:

(a) we have told you about an upcoming change to our content, website or these terms, which you do not agree to (see paragraph 7.2);

(b) we have told you about an error in the price or description of the content you have ordered, and you do not wish to proceed;

(c) there is a risk that the supply of our content or your subscription access may be significantly delayed by events outside our control;

(d) we have suspended supply of our content or website for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than an immaterial period;
or

(e) you have a legal right to end the contract because of something we have done wrong.

10.3 Exercising your right to change your mind – if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, then for most products bought online, you have a legal right to change your mind within fourteen (≤14) days, and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

• When consumers do NOT have a right to change their minds. Your rights as a consumer to change your mind do not apply in respect of digital products, after you have started to download or stream these.

• How long do consumers have to change their minds? If you are a consumer, you have fourteen (14) days after the day we email you to confirm we accept your order, if earlier, until you start downloading or streaming our content. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

10.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault, and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content is completed when the content is delivered, downloaded or streamed (and paid for). If you want to end a contract before it is completed (where we are not at fault, and you are not a consumer who has changed their mind), just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for content not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

10.5 Ending a subscription.  Where you have purchased a subscription the subscription will automatically renew on the anniversary of the initial period. You can cancel that subscription at any time via your account.  

(a) If you cancel a subscription part way through a subscription period, you will retain access to the subscribed content during the remaining part of the subscription period, after which point your access will terminate automatically. After the subscription has ended, you will retain access to any course (and any relevant certification) you completed prior to the subscription ending.  However, you will lose access to any part-completed courses.  

(b) If you have changed your mind or cancel your subscription and you have not accessed the subscription since the start or renewal date:

(i) If you are a consumer exercising your right to change your mind and you inform us no later than fourteen days after the start or renewal date you will receive a full refund; or

(ii) If you are a consumer exercising your right to change your mind and you inform us fourteen days or more after the start or renewal date you will not be refunded as the cooling off period will have elapsed.

11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

11.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Email. Contact us via support@newskillsacademy.co.uk . Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) Online. Complete the above referred to details within the contact form available at https://newskillsacademy.co.uk/contact 

11.2 How we will refund you. If you are entitled to a refund under these terms, we will refund you the price you paid for the content or your subscription, by the method you used for payment. However, where you purchased a subscription, we may deduct from any refund an amount for the supply of the subscription for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

11.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within fourteen (≤14) days of your telling us you have changed your mind

12. OUR RIGHTS TO END THE CONTRACT

12.1 We may end the contract if you break it. We may end the contract for content or a subscription at any time by writing to you, if:

(a) you do not make any payment to us (when it is due), and you still do not make payment within a reasonable period of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the content or access to the subscription.

12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 12.1, we will refund any money you have paid in advance for any content or any part of the subscription period that we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

12.3 We may withdraw the content or our website. We may write to you to let you know that we are going to stop providing the content or our website. We will aim to let you know (at least) a reasonable period in advance of our stopping the supply of the content or our website, and we will refund any sums you have paid in advance for content or subscriptions which will not be provided.

13. IF THERE IS A PROBLEM WITH OUR CONTENT

13.1 How to tell us about problems. If you have any questions or complaints about any content, please contact us. You can email us at .

14. YOUR RIGHTS IN RESPECT OF DEFECTIVE CONTENT (IF YOU ARE A CONSUMER)

14.1 If you are a consumer, we are under a legal duty to supply content that is in conformity with our contract with you.  Nothing in these terms will affect your legal rights.  This is a summary of your key legal rights; which are subject to certain exceptions. For detailed information, please visit the Citizens Advice website: www.adviceguide.org.uk or call 03454 04 05 06.

14.2 If your products are digital content, for example: online courses, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

if your digital content is faulty, you’re entitled to a repair or a replacement.