1. These terms
- 1.1 What these terms cover. These are the terms and conditions on which we deliver course(s), digital content (online and onsite), services and products 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 products, services and course(s) to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
- 1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- 1.4 If you are a business customer this is our entire agreement with you. 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 this agreement.
2. Information about us and how to contact us
- 2.1 Who we are. We are Cave Academy Ltd, a company registered in England and Wales. Our company registration number is 11124329 and our registered office is at 3 St Anns Road, Portsmouth, Hampshire, England, PO4 9AT.
- 2.2 How to contact us. You can contact us by writing to us at our registered address or by e-mail: [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 you provided to us in your order.
- 2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this 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 notify you in writing that it has been accepted.
- 3.2 If we cannot accept your order. If we are unable to accept your order, we will notify you in writing and a refund will be issued for any part of the order that you have paid for and has not been provided.
4. Our courses, services and products
- 4.1 Our available courses, services and products are specified on our website.
- 4.2 Your rights to make changes If you wish to make a change to an order, please contact us. We will 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 necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. Our rights to make changes
We may make changes:
- (a) to reflect changes in relevant laws and regulatory requirements;
- (b) to implement technical adjustments and improvements;
- (c) update course(s) and digital content, provided that the course(s), digital content shall always match the description of it that we provided to you before you bought it.
6. Delivery of the course(s), services and products
- 6.1 Delivery costs. The costs of delivery and method of delivery will be confirmed to you in writing at the time of placing the order.
- 6.2 We are not responsible for delays outside our control. If delivery of our course(s), services and products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- 6.3 What will happen if you do not give required information to us. We may need certain information from you so that we can deliver the course(s), services or products to you. This will be stated in the description on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any loss suffered if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- 6.4 Reasons we may suspend the delivery of a course(s), service or product. We may have to suspend delivery to:
- (a) deal with technical problems or make minor technical changes;
- (b) update to reflect changes in relevant laws and regulatory requirements;
- (c) make changes as requested by you or notified by us to you (see clause 6).
- 6.5 Your rights if we suspend the delivery of a course(s), service or product. We will contact you in advance to tell you we will be suspending the delivery of a course(s), service or product unless the problem is urgent or an emergency. If we have to suspend the delivery of a course(s), service or product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 12 months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
- 6.6 We may also suspend delivery of a course(s), service or product if you do not pay. If you do not pay us when you are supposed to (see clause 4) and you still do not make payment within  days of us reminding you that payment is due, we may suspend delivery of the course until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the course(s) or that we will no longer be delivering the course(s). We will not suspend delivery of a course(s) where you dispute the unpaid invoice (see clause 14.7). We will not charge you for the course(s) during the period for which they are suspended. As well as suspending the course(s) we can also charge you interest on your overdue payments (see clause 14.6).
- 6.7 We reserve the right to cancel a course(s) at our discretion if it becomes apparent that we will be unable to deliver the course. In such circumstances, a refund will be issued and our liability to you will be limited to the sum paid by you for the course(s), service or goods.
7. Your rights to end the contract
- 7.1 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 (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
- (b) If you want to end the contract because of something we have done or have told you we are going to do,see clause 2;
- (c) If you are a consumer and have just changed your mind about the product, see clause 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), see [clause 7 and clause 8.8].
- 7.2 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 at (a) to (e) below the contract will end immediately and we will refund you in full for any course(s), services or products which have not been provided. The reasons are:
- (a) we have told you about an upcoming change which materially alters the order you have placed and which you do not agree to.
- (b) we have told you about an error in the price or description you have ordered and you do not wish to proceed;
- (c) there is a risk that delivery may be significantly delayed because of events outside our control;
- (d) we have suspended delivery of the course(s), services or products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 12 months; or
- (e) you have a legal right to end the contract because of something we have done wrong.
- 7.3 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 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- 7.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
- (a) course(s) that have already commenced and/or have been partially delivered to you;
- (b) digital products after you have started to download or stream these;
- (c) services, once these have been completed, even if the cancellation period is still running;
- (d) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- (e) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
- (f) any products which become mixed inseparably with other items after their delivery.
- 7.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
- (a) Have you bought a course(s) or any other services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the course(s) or services you cannot change your mind, even if the period is still running. Generally, no refunds will be given once you have booked onto and been accepted on a course. In exceptional circumstances and subject to 14 days’ notice being given by you to us, we may at our discretion offer a partial or full refund if we are able to replace your place on the course with another student. Cancellations will incur a 5% processing fee. Ultimately, the decision to refund any amount will be made entirely at Cave Academy’s discretion.
- (b) Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. 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.
- (c) Have you bought goods? if so, you have 14 days after the day you (or someone you nominate) receives the goods
- 7.6 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 our course(s), goods or digital content is completed when it is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. 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 course(s), services or products not provided but we may deduct from that refund, a reasonable payment, as compensation for the net costs we will incur as a result of your ending the contract.
8. How to end the contract with us (including if you are a consumer who has changed their mind)
- 8.1 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) post or email. Please provide your name, home address, details of the order and, where available, your phone number and email address. Please post to the registered address or e-mail: [email protected]
- 8.2 Returning products after ending the contract. If you end an order after it has been delivered to you, you must return any part of that order for which a refund has been issued by us.
- 8.3 When we will pay the costs of return. We will pay the costs of return:
- (a) Where the item is faulty or misdescribed;
- (b) if you are ending the contract because we have told you of an upcoming change to the course(s), services or products, or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- (c) if you are a consumer exercising your right to change your mind.
- (d) In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
- 8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection
- 8.5 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 products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- 8.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
- (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
- (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within [3-5] days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- (c) Where the product is a course(s) or service, we may deduct from any refund an amount for the supply of the course or service 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.
- 8.7 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:
- (a) The refund for the course(s), services or products are goods will be made within 14 days of the return of the course materials (if any) or products.
- (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
9. Our rights to end the contract
- 9.1 We may end the contract if you break it. We may end the contract for a course(s), service or product 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  days 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 course(s), services or products;
- (c) you do not, within a reasonable time, allow us to deliver the course(s), services or products to you.
- 9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for course(s), services or products we have not provided but we may deduct or charge you as compensation for the net costs we will incur as a result of your breaking the contract.
- 9.3 We may withdraw the course(s), services or product. We may write to you to let you know that we are going to stop providing the course(s), services or product. We will let you know at least 7 days in advance of our stopping the supply of the course(s), services or products and will refund any sums you have paid in advance for course(s), services or products which have not been provided.
10. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the course(s), services or products, please contact us by post or in writing by e-mail: [email protected]
11. Your rights in respect of defective products if you are a consumer
- 11.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See between the horizontal rule below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example (furniture or a laptop) the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is digital content, for example (a mobile phone app or a subscription to a music streaming service), the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) 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
c) 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
If your product is services, for example (a support contract for a laptop or tickets to a concert), the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
- 11.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
12. Your rights in respect of defective products if you are a business
- 12.1 If you are a business customer we warrant that on delivery [and for a period of 12 months from the date of delivery (warranty period),] any products which are goods shall:
- (a) conform [in all material respects] with their description [and any relevant specification];
- (b) be free from material defects in design, material and workmanship;
- (c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and;
- (d) be fit for any purpose held out by us.
- 12.2 Subject to clause 3, if:
- (a) you give us notice in writing [during the warranty period] within a reasonable time of discovery that a product does not comply with the warranty set out in clause 1;
- (b) we are given a reasonable opportunity of examining such product; and
- (c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
- 12.3 We will not be liable for a product’s failure to comply with the warranty in clause 1 if:
- (a) you make any further use of such product after giving a notice in accordance with clause 12.2(a);
- (b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- (c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
- (d) you alter or repair the product without our written consent; or
- (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
- 12.4 Except as provided in this clause 12, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 1.
- 12.5 These terms shall apply to any repaired or replacement products supplied by us under clause 2.
13. Price and payment
- 13.1 Where to find the price for the product. The price of our course(s), services and products (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the course(s), services and products advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- 13.2 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 the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- 13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the course(s), services and products we provide 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 product’s 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 you have paid and require the return of any course materials or any goods provided to you.
- 13.4 When you must pay and how you must pay. We accept payment by credit and debit card. The method of payment and payment terms will be specified on your order form.
- 13.5 We can charge interest if you pay late. If you do not make any payment to us by the due date on the order form, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. 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 judgment. You must pay us interest together with any overdue amount.
- 13.6 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.
14. Our responsibility for loss or damage suffered by you if you are a consumer or business
- 14.1 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. This clause is subject to the limitation referred to in clause 14.3.
- 14.2 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; for breach of your legal rights in relation to the course(s). services or products including the right to receive course(s), services or products which are as described and match information we provided to you at the time the order was placed.
- 14.3 Limitation of liability. In cases where it is unlawful to do so, we do not limit our liability to you. In all other cases, our liability for loss or damage suffered by you as a result of entering into this contract is limited to a refund of the total sum that is paid by you for the order that is placed with us.
15. How we may use your personal information
16. Other important terms
- 16.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 16.2 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.
- 16.3 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 chase you but we continue to provide the course(s), services or products, we can still require you to make the payment at a later date.
- 16.4 Which laws apply to this contract and where you may bring legal proceedings. 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.