Modern slavery

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 [email protected]) 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 [email protected].

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 [email protected] . 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.

if the fault can’t be fixed, or if it hasn’t been fixed (within a reasonable time and without significant inconvenience), you can get some or all of your money back.

if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

14.3 See also:

(a) paragraph 10.3 (‘Exercising your right to change your mind (Consumer Contracts Regulations 2013)’); and

(b) paragraph 10.2 (‘Ending the contract because of something we have done or are going to do’).

15. PRICE AND PAYMENT

15.1 Where to find the price. The price of content or your subscription (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price advised to you is correct. However, please see paragraph 15.3 for what happens if we discover an error in the price of anything you order.

15.2 We will pass on changes in the rate of VAT. If the rate of VAT changes (between your order date and the date we supply it to you), we will adjust the rate of VAT that you pay, unless you have already paid for the content or your subscription in full (before the change in the rate of VAT takes effect).

15.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the items we offer for sale may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable (and could reasonably have been recognised by you as a mispricing), we may end the contract, refund you any sums that you have paid, and remove access to any content or subscriptions provided to you.

15.4 When you must pay and how you must pay. We accept payment with most credit and debit cards (as specified upon our website from time to time). When you must pay depends on what products you are buying:

(a) For digital content, you must pay for the content before we make them available for you to download them.

(b) For subscriptions, we will automatically take payment using the details you have provided at the frequency you agreed when you purchased the subscription.  We will continue to take payments at this frequency for as long as the subscription continues.

15.5 Our right of set-off if you are a business customer. If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

15.6 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate and in a manner akin to that specified in the Late Payment of Commercial Debts (Interest) Act 1998 from time to time (and notwithstanding that such legislation may not otherwise apply to such debts). This interest shall accrue on a daily basis from the due date (until the date of actual payment of the overdue amount), whether before or after judgement. You must pay us interest together with any overdue amount.

15.7 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.

16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU (IF YOU ARE A CONSUMER)

16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, or our failing to use reasonable care and skill.  We are not responsible for any loss or damage that is: 

(a) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

(b) Caused by a delay outside our control. As long as we have taken the steps set out in paragraph 8.1.

(c) Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

(d) A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in paragraph 17.

16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to our content or your subscription (as summarised at paragraph 14.1).

16.3 When we are liable for damage caused by defective digital content. If defective digital content (which we have supplied) damages a device (or digital content) belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge, or for damage which was caused by you failing to correctly follow installation instructions, or to have in place the minimum system requirements advised by us.

17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU (IF YOU ARE A BUSINESS CUSTOMER)

17.1. Nothing in these terms shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as may be applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979, or section 2 of the Supply of Goods and Services Act 1982;

(d) defective products under the Consumer Protection Act 1987; or

(e) any other matter in respect of which it would be unlawful for us to exclude or restrict liability.

17.2 Except to the extent expressly stated in paragraph 17.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979, and sections 3 to 5 of the Supply of Goods and Services Act 1982, are excluded.

17.3 Subject to paragraph 17.1:

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid and payable by you (to us) for products supplied under contracts with us in the twelve (12) months ending with the date of the relevant contract.

18. HOW WE MAY USE YOUR PERSONAL INFORMATION

18.1 We will only use your personal information pursuant to the provisions set out in our Privacy Notice.

19. YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US 

19.1  Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our content or your subscription.  Please contact them at: [email protected] .

19.2 Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to The Centre for Effective Dispute Resolution (or “CEDR”) through their website at cedr.com.  If you are a consumer, CEDR does not charge you for making a complaint and if you're not satisfied with the outcome you can still go to court.

20. OTHER IMPORTANT TERMS

20.1 We may transfer our contracts with you to someone else. We may transfer our rights and obligations under our contracts with you (including these terms) to another organisation.

20.2 You need our consent to transfer your rights to someone else. You may only transfer your rights (or your obligations) under these your contracts with us (including these terms) to another person, if we agree to this in writing. We may not agree (at our absolute discretion). 

20.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

20.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

20.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things, and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not discuss this with you (but we continue to provide our content to you), we can still require you to make the payment at a later date.

20.6 Which laws apply to this contract, and where you may bring legal proceedings (if you are a consumer). These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

20.7 Which laws apply to this contract, and where you may bring legal proceedings (if you are a business customer). If you are a business customer, any dispute or claim arising out of or in connection with a contract between us, or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

LAST UPDATED: [08/10/2024]