Terms and Conditions
1.1 These Terms and Conditions apply when you book a CodeClan course and represent a binding agreement between CodeClan Limited, with company number SC506766, whose registered office is at 37 Castle Terrace, Edinburgh, EH1 2EL ("CodeClan") and you.
1.2 Please read these terms carefully.
2. The Course
2.1 When you apply for a place on a CodeClan course on CodeClan's website (https://codeclan.com/courses/), CodeClan's admission team shall contact you in order to discuss your booking.
2.2 Following your booking of a CodeClan course, CodeClan agrees to provide you with a place on your specified course ("Course") and shall provide training in software coding or other digital subjects as described in the Course outline. Further details of the Course(s) are available via the following link http://codeclan.com/courses/.
2.3 CodeClan reserves the right to substitute any instructor at any time.
2.4 Places on the Course are personal to you and are not transferable.
3.1 On booking a Course you agree to pay CodeClan the full Course fees. A proportion of this, as described in the Course details, will be a non-refundable deposit. A place will only be confirmed to you on full payment of the Course fees.
3.2 Bookings cancelled up to 7 days prior to the commencement of the Course will be eligible for a refund, minus the non-refundable deposit. Bookings cancelled 7 days or less before commencement of the Course will not be eligible for any refund.
3.3 If you pay by electronic bank transfer, you must ensure that CodeClan receives the full amount due after any bank charges that are payable.
4.1 If CodeClan fails to comply with these Terms and Conditions, it is only responsible for the direct loss or damage that you suffer that is a foreseeable result of it failing to do so or failing to use reasonable care and skill, to a maximum liability cap of the value of the Course fees paid by you. CodeClan shall not be responsible for any loss or damage that is not foreseeable or for any loss of profits, loss of business, business interruption or loss of opportunity. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time you entered into these Terms and Conditions, both CodeClan and you knew loss or damage might happen, for example, if you discussed it with CodeClan before booking a place on the Course.
4.2 If defective digital content which CodeClan has supplied damages a device or digital content belonging to you, it will either repair the damage or pay you compensation (at CodeClan's discretion); provided that you used such digital content in accordance with the provisions of these Terms and Conditions and CodeClan's instructions. You shall only be entitled to use digital content issued by CodeClan on CodeClan Equipment.
4.3 CodeClan only provides you with Course materials and equipment for the purpose of undertaking the Course and for private study, and you agree not to use any of the Course materials and/or equipment provided by CodeClan, for any commercial, business or re-sale purposes.
4.4 Nothing in these Terms and Conditions is intended to exclude or limit any liability of either party for (a) personal injury (including sickness and death) where such injury results from the party's negligence or wilful default, or that of its employees, agents or subcontractor; (b) fraudulent misrepresentation; or (c) any liability which cannot be excluded by law, including your rights as a consumer. CodeClan will not be liable for any loss suffered by you resulting from any event which is beyond the reasonable control of CodeClan.
5. Terms, Termination, and Withdrawal from the Course
5.1 These Terms and Conditions shall commence from the date on which you pay the full Course fees and shall continue until the Completion Date of the Course, unless terminated earlier in accordance with terms of these Terms and Conditions.
5.2 CodeClan reserves the right to terminate the Course (or part thereof) at any time. In such circumstances, CodeClan shall repay the fees received from you in respect of the Course (or part thereof) that has been cancelled, less any amount charged by CodeClan which is proportionate to the services performed by CodeClan until the date of termination by CodeClan.
5.3 CodeClan reserves the right to refuse your place on the Course for failure by you to pay the Course fees in accordance with clause 3.
5.4 CodeClan reserves the right to terminate your place on the Course for any material breach of your obligations in these Terms and Conditions which is irremediable or (if such breach is remediable) you fail to remedy that breach within fourteen (14) days after being notified by CodeClan in writing to do so.
5.5 If CodeClan requires to change the Course Start Date it shall issue you with prior written notice setting out the Revised Course Start Date. However, should you choose not to accept the revised Course Start Date, you may notify us in accordance with clause 6.2 and you will receive a full refund (including deposit); provided that you notify CodeClan in writing at least 14 days prior to the Revised Course Start Date (or, if the revised date is less than 14 days from the date of notice, within 7 days of the date of the notice).
6. Your right to cancel
6.1 You have the right to cancel your Course booking up to 7 days prior to the Course commencement date as set out in the Course outline.
6.2 To exercise the right to cancel, you must inform CodeClan Ltd, at its operating address of 37 Castle Terrace, Edinburgh EH1 2EL), telephone 0131 290 2600, email: firstname.lastname@example.org of your decision to cancel by a clear statement (e.g. a letter sent by post, or e-mail).
6.3 You are not entitled to cancel these Terms and Conditions in any circumstances other than as set out in this clause 6.
7.1 Any reimbursements or refunds due by CodeClan under these Terms and Conditions, shall be:
- 7.1.1 made without undue delay; and
- 7.1.2 made by bank transfer to your nominated account, unless expressly agreed with us otherwise.
8. Equipment, Course Materials and Access to CodeClan Premises
8.1 Provided that you have paid the full Course fees, on commencement of the Course you shall be entitled to borrow, access and/or use such additional IT hardware, software, repositories, WiFi access as is required in order to participate on the Course ("CodeClan Equipment"). You agree to only use such CodeClan Equipment for the purposes of participating in the Course.
8.2 At all times when using any of CodeClan Equipment either on CodeClan Premises or otherwise, you agree that you will not (i) seek to gain access to unauthorised files; (ii) copy any materials; (iii) intentionally or negligently introduce any viruses (or similar) onto CodeClan's IT system (including hardware and software); and/or (iv) use CodeClan's IT system for any illegal or immoral purposes.
8.3 Once you have paid the full Course fees and during the period of the Course, you shall be entitled to use CodeClan Premises to conduct work/study for the Course during CodeClan opening hour. CodeClan Premises opening hours are from 8 am to 6 pm on Working Days, however, CodeClan reserves the right to alter the opening hours of CodeClan from time to time and, where reasonably practicable, will advise you of any change. Your right to access CodeClan Premises shall continue until the earlier of: (i) your completion of the Course; or (ii) termination or cancellation of the Course.
8.4 At all times, you shall be required to comply with CodeClan's policies regarding use and access to CodeClan Premises, as may be updated from time to time and described in sections 8.3 and 9
8.5 On termination or cancellation of the Course, you shall be required to return, on CodeClan's request, all Course materials and CodeClan Equipment, and relinquish all access codes, and passes relating thereto, with which you have been provided under the terms of these Terms and Conditions. Any access which has been granted to you in respect of CodeClan Equipment and CodeClan Premises shall be terminated with immediate effect.
9. CodeClan Policies and expected student behaviour
9.1 You agree to comply with such policies as CodeClan has in place from time to time (for example, but not limited to, policies relating to Health & Safety and Equal Opportunities).
9.2 At all times for the duration of the Course, whether on CodeClan Premises or otherwise, CodeClan expects you:
- 9.2.1 to behave in a responsible, considerate, respective, non-offensive and cooperative manner so as to encourage mutual respect and understanding between all members of CodeClan community;
- 9.2.2 to act within the law and not act in any way which brings or is likely to bring CodeClan into disrepute or otherwise damage its reputation or operations;
- 9.2.3 to treat all CodeClan property with respect and comply with all requests of CodeClan staff; and
- 9.2.4 disclose to CodeClan immediately if you are charged with, and/or convicted of a serious criminal offence.
10. Data Protection
10.1 CodeClan will collect personal information about you, such as your name, address, email address, phone number, personal profile links that you provide to us, personal bank account details, date of birth (if you choose to provide it), IP address and CV. CodeClan may also take photographs or videos of you on CodeClan’s premises for the purpose of marketing materials for future Courses, where you provide your consent. For this purpose, CodeClan will be a data controller (within the meaning of the Data Protection Act 1998 (as amended or replaced from time to time) and is required to comply with the provisions thereof. If you have any disability or suffer from any illness during the Course, CodeClan will also collect this sensitive personal data, but will only use this for the purposes of providing the Course to you and will not transfer this sensitive personal data to any third parties without your consent. You consent to us using the personal information which we have collected from you, and any personal preferences which you have told CodeClan about, so that CodeClan can: (i) provide you with marketing information on products and services which may be of interest to you, and to keep you updated with any news about CodeClan that we think you may be interested in; (ii) provide the Course to you; and (iii) process any payments due for the Course. Some of this personal information may also be derived from cookies on CodeClan's website, which are required for the functioning of the website and/or from your service usage or market research. If you disable cookies, the service will not be able to operate fully or at all. Further information and a list of cookies used by CodeClan are set out in the Privacy and Cookies Policy available via this link: http://codeclan.com/privacy-cookie-policy/.
10.2 CodeClan works closely with a number of trusted partners, with whom it needs to share personal data so that it can provide you with the Course. These include:
- 10.2.1 banks and payment providers - to authorise and complete payment transactions;
- 10.2.2 organisations within the payment card industry to help prevent online fraud;
- 10.2.3 law enforcement bodies in order to comply with any legal obligation or court order;
- 10.2.4 advertising networks; and
- 10.2.5 third party service providers who process information on our behalf to help CodeClan run some of its internal business operations, such as email distribution, IT services and other student services.
10.3 By accepting these Terms and Conditions and the Privacy and Cookies Policy, you accept that CodeClan may share personal data (within the meaning of the Data Protection Act 1998) with third parties as set out above and the Privacy and Cookies Policy.
10.4 CodeClan will only use your information where CodeClan has obtained appropriate permissions from you and will only use the information provided to you in accordance with the Terms and Conditions and the Privacy and Cookies Policy, or where it is required and authorised by law or is necessary for a legitimate reason connected with the Course.
10.5 If you do not want your personal data to be shared, or if you wish to change any of your preferences with regard to how CodeClan will process your personal data (for example, to opt-out of receiving marketing), please notify us in writing at the address set out in clause 11.6. Please also notify us of any changes in the personal information you have provided to us.
10.6 CodeClan will keep your data for as long as is required to provide the Course to you in accordance with legal, tax and accounting requirements. Where your information is no longer required by CodeClan, CodeClan will ensure that it is disposed of in a secure manner, and where required by applicable law.
11.1 If you are unable to attend any lessons, seminars or other Course related activity organised by CodeClan ("Course Activity") for any reason, you should notify CodeClan prior to the event, or if this is not possible, as soon as possible thereafter.
11.2 Copyright and all other intellectual property rights in all Course materials belong to CodeClan and its licensors, and CodeClan and its licensors shall retain all rights, title and interests.
11.3 You agree to keep confidential and not copy any Course materials supplied to you by CodeClan or breach any intellectual property rights of CodeClan or any of their licensors in the Course materials.
11.4 CodeClan reserves the right to make variations to: (i) these Terms and Conditions; (ii) the contents of Course, including any modules offered and alter the approach to methods of delivery of the Course such as the timetable, location, number of classes and methods; and (iii) timings of assessments where it considers that such action is reasonably necessary in order to appropriately manage its resources, comply with changes in law or comply with the instructions of CodeClan's regulators or a professional body. CodeClan will notify you before a changes take effect if any changes are required to the way in which your personal data, is being collected and/or processed.
11.5 If you have any questions or complaints relating to the Course or these Terms and Conditions (including any concerns resulting from changes proposed by CodeClan in accordance with clause 11.4), please contact CodeClan by phone on 0131 290 2600 or by email at email@example.com or by post at its operating address of 37 Castle Terrace, Edinburgh EH1 2EL. Any written notices required to be provided to CodeClan in accordance with these terms and conditions may be provided by email to the email address in this clause 11.5.
11.6 No failure or delay by CodeClan in enforcing any of its rights under these Terms and Conditions shall be deemed to be a waiver of such right.
11.7 CodeClan may transfer its rights and obligations under these terms and condition to another organisation. You may not transfer your rights or obligations under these terms and conditions to another person unless CodeClan agrees to this in writing.
11.8 No other person shall have any rights to enforce these Terms and Conditions other than you and CodeClan.
11.9 These Terms and Conditions will be governed by Scottish law. The Scottish courts shall have exclusive jurisdiction to determine any dispute or claim arising out of or in connection with it or them.
"CodeClan Equipment" has the meaning given to the term in clause 8.2;
"CodeClan Premises" means the premises owned or leased by CodeClan for the purposes of the provision of the Course, as may be added to or changed from time to time.
"Completion Date" means the last day of the Course;
"Course" has the meaning given to the term in clause 2.1;
"Course Activity" has the meaning given to the term in clause 11.1;
"Course Start Date" means the start date for the Course as set out in the Course description;
"Deferred Course Start Date" means the revised course start date as notified by CodeClan;
"Terms and Conditions" means this document, and any documents incorporated thereto by way of reference; and
“Working Day” means Monday to Friday except public holidays in Scotland.