Consumer protection for students

'[The provider] will use reasonable endeavours to provide for the provision of online delivery of any part of your course (as may be required) but cannot guarantee uninterrupted, timely or error-free availability or that defects will be corrected. [The provider] reserves the right to suspend access to the virtual learning platform for the provision of online delivery of any part of your course for the purposes of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality or the virtual learning platform. [The provider] will us reasonable endeavours to provide you with reasonable notice in the event of any suspension or withdrawal of the virtual learning platform of which [the provider] is aware. Providing [the provider] has complied with the provisions of this clause,[the provider] will not be held responsible for any technical problems you encounter following the provision of online delivery of any part of your course and accepts no liability to the extent there are errors, defects, interruptions and periods of suspension relating to the virtual learning environment'.

'Where such loss or damage is directly caused by [the provider] (or its staff or representatives), our liability shall, subject to clause 13.5, be limited to 100 per cent of all tuition fees payable by you to [the provider]'.

'Our liability to you for all loss or damage suffered by you shall be limited to the total amount of the Tuition Fees payable by you to the University whilst enrolled on the Programme at the University'. 

'We shall not be liable to you in any manner whatsoever for any failure or delay, or for the consequences of any failure or delay, in performance of our obligations under the Contract, if such failure or delay is due to any event beyond our reasonable control (including, but not limited to strikes, lockouts or other industrial action, acts of God, severe weather, natural disasters, pandemic or epidemic (excluding Covid-19), quarantine or widespread illness, war, protest, riot, civil disorder or unrest, fire, explosion, an actual, suspected or threatened act of terrorism, national emergencies, any restrictions imposed by government or public authorities, breakdown of plant machinery, actions or default of placement providers or default of suppliers or sub-contractors), In such circumstances, we shall take reasonable steps to minimise any disruption'.

'We shall not be liable to you for the impact of events outside our control which we could not have foreseen or prevented, even if we had taken reasonable care, as long as we have taken reasonable and proportionate steps to mitigate the impact of these events. Such events include: strikes; other industrial action; staff illness […].'

'The college reserves the right to change any aspect of a course including availability of the course, course dates, tutors’ timetables, curriculum and the material at any time. It is students’ responsibility to be aware of the changes.'

'During the period between you accepting the offer and enrolment, where there is no material detriment to you, [the provider] reserves the right to vary minor and material elements of your course from that described in the offer'.

'In the rare event that applicants have accepted offers with us and we are then not able to accommodate them on their Programme (this will usually only occur if there is a UK Government or Professional, Statutory or Regulatory Body imposed limit on numbers), we will look to offer those applicants various choices, including offering to defer their place to a later year, joining a different Programme with us, or being assisted to find a place on a similar programme with another higher education provider. We will also consider paying financial recompense depending on the options applicants choose.'

'If [the provider] makes such a material change, in [the provider’s] reasonable opinion, which you reasonably believe will prejudicially affect you, you may either terminate the Contract and withdraw from the course without any liability to[the provider] or future tuition fees or transfer to such other course (if any) as may be offered to you by [the provider] and for which you have the requisite qualifications. You will remain liable for any fees incurred up to the date when the Contract terminates.'

'If a student visa application has been refused, then the amounts paid will be refunded, less an administration charge of £500 (plus any courier and transfer charges) on production of the following documents:

• A) A copy of the visa refusal letter (app200)
• B) Copy of both student’s passport showing both a photograph and a signature; and
• C) Where the payer was not the student, an original authority letter from the student authorising the payment to the payer.

Refunds will only be made under this paragraph if requested in writing with the necessary supporting documents within four weeks after the commencement of the course (published date) should the student be applying for a visa from abroad'.

'Should students (Confirmation of Acceptance for Studies) have commenced the course at the college and then be refused a visa provided it is within four weeks and full fees have been paid they will then be allowed a refund of half (50%) of the full fees paid.'

'Dishonoured cheques – an administration charge of £75 will be payable.'

'If you agree to transfer to such other courses as may be offered to you by [the provider] (and for which you have the requisite qualifications), you will be liable for any variation in fees (tuition and any additional cost) between the original course (which is no longer available to you) and the replacement course you have agreed to transfer onto. This may result in you being required to pay more or less for your replacement course than you for your original course of study.'

'We will review Tuition Fees annually and may increase Tuition Fees for subsequent academic years in the circumstances and on the basis of identified in your offer letter.'

'The contract constitutes the entire agreement between you and [the provider] and supersedes all previous agreements between you and [the provider], whether written or oral'.