Privacy Policy
These terms and conditions (“Terms”) govern your purchase of Open Courses from SkillCare Academy.
These Terms must be read in conjunction with our privacy policy which is available on our website. We are committed to ensuring the security and privacy of your information and our Terms and Privacy Policy explain in more detail the categories of information we collect from you and the purposes for and the manner in which the information is processed and used.
Any reference to “you”/ “yours”/ “yourself” shall mean the Client who could be a customer or website user. Customer in turn refers to an individual attending the Course(s).
Any reference to “Agreement” shall mean these Terms.
1. Contractual Relationship
These Terms constitute a contractual relationship between SkillCare Academy and our Clients using our services or purchasing any products or learning asset(s) from us.
2. Overview of Services
2.1 As a provider of turn-key learning solutions, we make several learning assets and solutions available through our repertoire of open courses (“Open Course(s)”/ “Course(s)”). Open Courses can be taken:
i. Face-to-face and/or
ii. Virtually
2.2 Our Open Courses are listed on our website with complete details including but not limited to the following:
i. virtual or face-to-face session
ii. location
iii. dates available
iv. price
v. course duration
vi. learning assets and topics included
vii. optional sessions offered if any and
2.3 Due to the fluid nature of training courses and our commitment to continuous improvement, we reserve the right to change, without liability, the course content and/or trainer at any time in line with market demands.
2.4 Our Courses are delivered in English, and it is recommended that Delegates have a good understanding of the English language to be able to fully benefit from our Courses.
3. Booking a Course and Terms of Payment
3.1 All Open Courses can be purchased via our website and payment can be completed via the options outlined in paragraph (c) of Clause 3.v. We may use third-party payment gateways to facilitate payments. However, we are not affiliated with them and do not claim ownership over their Trade Mark(s), logo(s) and/or any other intellectual property rights. SkillCare Academy is not responsible for the data collected by third-party suppliers listed on our website, and customers visiting our website should read the terms and conditions as well as the privacy policy of third-party suppliers listed on our website, before proceeding to use their services.
3.2 Provisional Bookings
To make a provisional reservation on a Course, please either complete the online booking form, or contact one of our advisors on 0311 1100451.
To secure a telephone reservation, we must receive a written confirmation from you within 5 [five] days of the provisional booking being made.
3.3 Confirming a Booking
Confirmation can be sent by email or completed online. On receipt of your booking request, an invoice will be generated confirming the receipt of your booking request.
3.4 Joining Instructions
Delegates will find the information required to attend face to face and virtual Open Courses, within our Open Engagement Hub, which they will be able to access via a link emailed to them by us. For the purposes of receiving the above-mentioned link, Delegates must ensure that they provide a valid email address to us.
3.5 Payment and Terms of Payment
i) Course prices (“Fees”) are displayed on the website and can be paid
ii) All Fees in our brochures are current at the time of going to print. However, we reserve the right to change them. For the most up-to-date Fees, we encourage you to check our website, which is from time to time updated.
4. Course Dates and Venues
SkillCare Academy reserves the right to alter or cancel published dates and change venues without liability. In the event of a cancellation, where an alternative cannot be provided, monies received in respect of that Course can be refunded in full. SkillCare Academy are not liable for any travel and accommodation costs. Whilst every effort will be made to avoid resource changes, SkillCare Academy reserve the right to amend or replace any pre-named trainer scheduled to deliver a specific Course.
5. Data Protection and other policies
All data submitted when making a booking will be processed in accordance with Our Privacy Policy.
If a booking is made on behalf of a third party you warrant that you have secured their express consent for their data to be used for this purpose and have in place all relevant policies and processes to ensure compliance with all relevant legislation.
Other policies: The Parties agree that for the purposes of this Agreement, the Parties shall adhere to our policies, including without limitation:
We encourage all our customers/clients and Delegates to familiarise themselves with our internal policies, as these policies enable us to adhere to a professional code of conduct and ethics. Copies of our internal policies are available to you upon request.
6. Cancelling and Transferring Courses
6.1 Cancellation
All cancellation requests must be made in writing. Should you wish to cancel a Course, the following fees (“Cancellation Fees”) shall apply:
• 29+ days before start of Course = 20% of the Course Fee.
• 15-28 days before start of Course = 50% of the Course Fee.
• 0-14 days before start of Course = 100% of the Course Fee.
6.2 Any free places given under special offers will be subject to a USD100 cancellation charge.
6.3 Bulk Cancellation
If you wish to terminate/cancel 5 [five] or more Courses at one time, you must serve a “Sufficient Notice” (as defined in this Clause 7.3 ), in which case refunds on Courses that will remain undelivered after the last date of the Sufficient Notice Period, will be made by us based on factors including but not limited to (a) the unit price of each Course after discounts (if any) given to you, (b) notice period served for cancellation, and, (c) number of Delegates signed onto the Course(s). The refund calculated may differ for each Client as the calculation of the refund will be based on the above variable factors. The refund amount that you are entitled to upon a bulk cancellation will be communicated to you and only on your confirmation to proceed with the cancellation, will your Courses be formally cancelled.
When Sufficient Notice is given, 20% of the cumulative Course Fees will be charged as a cancellation fee.
For the purposes of bulk cancellation, you must serve us a notice in writing within the following notice period (“Sufficient Notice Period”). Failure to give Sufficient Notice will impact on the refund you will be entitled to receive under this Clause 7.3.
No of courses Notice period
5 - 25 30 days
26 - 50 60 days
51+ 90 days
7. Non-Attendance
7.1 If a Delegate fails to attend a Course without prior notification, Cancellation Fees of 100% will be applied.
7.2 In the event a Delegate fails to attend a Course on account of an emergency or any other unforeseeable circumstances, not constituting a Force Majeure Event, they must notify SkillCare Academy of their inability to attend the Course prior to the commencement of the Course, in which case SkillCare Academy will offer to transfer them to another date of the same Course at 50% of the Course fee (“Proposed Transfer”).
7.3 A Delegate must confirm acceptance of the Proposed Transfer or request for alternate dates within 14 [fourteen] calendar days of receiving the details of the Proposed Transfer from SkillCare Academy. After 14 [fourteen] calendar days have lapsed, the booking will be cancelled, and cancellation terms will apply.
7.4 SkillCare Academy reserves the right to ask a Delegate to leave a Course if it is felt that they are unable to participate and contribute to the learning on the Course. This includes inappropriate behaviour and actions that are detrimental to the learning received by other participants on the Course.
8. Disclaimers and Limitation of Liability
8.1 Disclaimers
i. Our services are restricted to the Course topic only and are not intended to be a substitute for therapy, psychiatric or otherwise and/or any medical treatment or diagnosis. Our services should therefore not be relied upon as therapy or assistance in lieu of therapy that one would normally seek from a therapist or qualified healthcare professional.
ii. Any comments made during training or Course delivery are expressions of opinion only.
iii. The results of our Courses differ for different individuals and the success of a Course is largely dependent on the Delegate’s own commitment and dedication towards the Courses and training. Previous results of our Courses and training can neither represent nor guarantee the same experience, level of progress or success of current or future Delegates.
9 Limitation of Liability
i. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
ii. Subject to the limitations contained in this paragraph 9, our total liability for any losses incurred by you shall not in any circumstances exceed the value of services purchased by you.
iii. We do not assume liability for the outcome of the Courses/training, as, the result of the Courses and training depends on a number of factors including without limitation, the Delegate’s own commitment, discipline, motivation, and dedication towards their professional development.
iv. We are not liable to you or any third party for any indirect, consequential, or special damages including loss of profits, loss of business, no economic success and/or loss of goodwill.
v. The Courses are intended for the Delegates’ use only and we shall not be held liable for reliance on it by any party other than the Delegate(s).
vi. SkillCare Academy does not warrant that our Courses, services, information and/or content included on or otherwise made available to you through our Courses, services, servers, or electronic communication sent by us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the access of our services, or from any information or content and/or services, included on or otherwise made available to you through our Website, the Open Engagement Hub, Courses or services, including, but not limited to direct, indirect, incidental, punitive and consequential losses and/or damages, unless otherwise specified in writing.
9.1 Force Majeure
Neither Party shall be liable for any delays or failures in performance due to circumstances beyond its reasonable control. “Force Majeure Events” shall include: (i) explosions, fires, flood, earthquakes, catastrophic/adverse weather conditions, travel disruptions due to adverse weather conditions or otherwise, epidemic, pandemic or other elements of nature or acts of God; (ii) acts of war (declared or undeclared), acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage (including electronic sabotage and attacks); (iii) acts of local or foreign governmental authorities or courts; and (iv) labour disputes, lockouts, strikes or other industrial action, whether direct or indirect and whether lawful or unlawful. If either Party is prevented from or delayed in performing any of its obligations under this Agreement by a Force Majeure Event, it shall promptly notify the other Party of the occurrence of a Force Majeure Event and describe, in reasonable detail, the circumstances constituting the Force Majeure Event and of the obligations, the performance of which are thereby delayed or prevented.
We will not be liable for delays and/or the inability to conduct a Course on account of a Force Majeure Event. Where we cannot conduct a face-to-face Course due to a Force Majeure Event, we will provide the same Course virtually on the same date on which the original Course was scheduled to be held face- to-face, or otherwise on any other date in respect of which reasonable notice will be provided to you.
In the event a Delegate refuses to attend the virtual Course, which had it not been for the Force Majeure Event would have been held face to face, the Delegate shall be deemed to have forfeited the Course and shall be liable to pay the Course Fee in full.
If a Delegate is prevented from attending a Course by reason of a Force Majeure Event and gives notice of it along with any supporting information to SkillCare Academy prior to the commencement of the Course, the Delegate shall be transferred to another date of the same Course without any liability.
10. Intellectual Property
10.1 SkillCare Academy owns the intellectual property to all its Courses, material, and course content (“Assets”) .
10.2 Delegates may use SkillCare Academy’s intellectual property exclusively for the purposes of this Agreement and shall not make any unauthorised use including the reproduction, distribution, communication and/or sale of SkillCare Academy’s Assets to third parties. Unauthorised use of our Assets shall constitute a breach of our intellectual property rights, entitling us to seek indemnification from the infringing party for any losses, and/or claims resulting from such breach and to seek damages, injunctions and/or any other remedies available to us under law and/or equity.
10.3 You agree not to manipulate the Assets and or any other material and/or equipment provided in relation thereto, digitally, or otherwise in a way that alters the final product created by SkillCare Academy.
10.4 Delegates shall attribute SkillCare Academy for the Assets and services provided, including on social media platforms.
10.5 For the purposes of promoting our services and showcasing our portfolio of work, we are permitted to refer to the Client(s) as our customers and provide references of the services provided to the Client(s).
10.6 You agree that that the SkillCare Academy Trade Mark(s), logo(s) and creative content displayed on the website are the exclusive intellectual property of SkillCare Academy.
viii. Residential courses, “Partner Courses” (i.e., courses provided by partner organisations) and accreditation courses are exempt from the Learning Passport scheme.
11 Course Discount
i. A Course discount cannot be used in conjunction with any other promotion.
ii. A Course discount only applies to SkillCare Academy run courses and therefore does not apply to third party Partner Courses or events.
iii. A Course discount excludes residential, exam courses and marked assignments.
iv. A Course discount is subject to the availability of places on the specified course.
v. We reserve the right to withdraw Course discounts at any time.
11.3 Peace of Mind
Re-attending a SkillCare Academy training Course free of charge only applies to the following:
i. Refresher: If you haven't been able to apply what you learnt within 6 [six] months of your Course date.
ii. Change in legislation: If the legislation taught within a Course changes within 6 [six] months of the Course date, you (the same Delegate) are free to re-attend the same Course.
iii. Delegate leaves the company: If the person you booked onto a SkillCare Academy training Course leaves within 2 [two] months of the Course date, you can send their replacement on the same Course free of charge.
iv. The event date for re-attendance will be at the discretion of SkillCare Academy but will be agreed with the Delegate.
v. The free re-attend only applies to the original Delegate that attended for:
vi. Re-attendance needs to be within 6 [six] months of the original training event date, where possible.
vii. As the person will be taking up a space on the event, a cancellation charge of USD100 applies if there is a cancellation or no show.
viii. SkillCare Academy reserves the right to withdraw this peace of mind offer at any time and without notice.
*The peace of mind offer - separate conditions apply for brokers. Contact us for details.
11.4 Refund/Replacement Course
We guarantee to offer a full refund or replacement Course if the attended Course did not reflect the current published description. All claims must be made in writing within 10 [ten] working days of the attended Course date to help@skillcareacademy.com
12.3 Material
For the purposes of this Licence Agreement, “Materials” shall mean the digital assets residing in the skillcareacademy.com Digital Learning Hub (“the Hub”) available on Our online platform (the “skillcareacademy Site”), as such Materials may be updated, modified, or changed from time to time, in Our sole discretion. In order to use the Materials, “Permitted Users” will require a user device and software that meets “Minimum User Requirements,” that for the purposes of this Licence Agreement shall mean those requirements set forth on the SKILLCAREACADEMY Site. SKILLCAREACADEMY reserves the right to update the Minimum User Requirements from time to time.
For the purposes of this License Agreement, “Permitted Users” shall mean those Delegates who have been authorised to use the Hub by virtue of the purchase for or by them of Our Open Courses and/or any other products or services.
12.4 Access
SKILLCAREACADEMY will provide a password - protected platform through which Permitted Users may access the Materials. SKILLCAREACADEMY will make every effort to ensure smooth and continuous operation of the platform.
12.5 Term and Termination
i. The “Initial Term” shall mean a period of 12 [twelve] months, commencing on the date of the Permitted User’s payment of the Course Fee. The Initial Term shall be renewable thereafter on an annual basis subject to the Permitted User’s payment of the then current annual licence fee as set forth on the then current schedule of prices (“Pricing Schedule”) displayed on the SKILLCAREACADEMY Site (“Annual License Fee”) and the Permitted User’s agreement to Our then current terms and conditions for the licence of the Materials. The Initial Term together with all renewal periods shall be referred to herein as the “Term”.
ii. SKILLCAREACADEMY shall have the right to terminate this Licence Agreement and all use of the Materials by the Permitted Users at any time without notice following (a) a violation or breach of this Licence Agreement by the Permitted Users and/or (b) Our reasonably good belief that the Permitted User(s) have violated or infringed, or are violating or infringing, Our or any third party’s intellectual property or other rights. Our election to exercise any such termination right shall be in addition to Our entitlement to pursue any and all other legal and equitable remedies available.
12.6 Data Collection
i. The Permitted Users agree that SKILLCAREACADEMY shall collect information and data relating to them for the purposes of providing their services and/or any other purposes outlined in Our Privacy Policy.
ii. All data submitted when using the Hub or the SKILLCAREACADEMY Site will be processed in accordance with Our Privacy Policy available
iii. The Permitted User acknowledges that SKILLCAREACADEMY and/or its third-party affiliates hosting the Materials shall be entitled to collect data associated with the Permitted Users’ use of the Materials (e.g., book viewed, pages viewed, etc.) (collectively, the “Materials Use Data”).
12.7 Communication
SKILLCAREACADEMY will communicate with Permitted Users on an on-going basis to engage them with the Materials, highlighting topics and communicating updates, if any.
14. Variation
SkillCare Academy may review, revise, or vary these Terms and the policies referred to within it from time to time to reflect the changing needs of the business and to comply with new legislation. We will try our best to notify Clients about any major changes to our Terms and Conditions. As a Client you must ensure that you stay up to date with the Terms and Conditions.
15. Severability
These Terms are to be considered separately, and if any provision(s) of this Agreement should be found by any court of competent jurisdiction to be invalid or unenforceable, this Agreement will be deemed to have effect as if such provision were severed from this Agreement.
16. Exclusion of Third-Party Rights
The Parties to this Agreement do not intend that any term under this Agreement should be enforced, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person is not a party to this Agreement.
Contact Information: The information provided by customers will be used by SkillCare Academy to contact them with relevant information about products and services or to conduct market research for improving our offerings. Rest assured, this information will not be shared with any third party.
Acceptance of Terms: By participating in this Offer, customers agree to abide by these Terms and Conditions.
These Terms must be read in conjunction with our privacy policy which is available on our website. We are committed to ensuring the security and privacy of your information and our Terms and Privacy Policy explain in more detail the categories of information we collect from you and the purposes for and the manner in which the information is processed and used.
Any reference to “you”/ “yours”/ “yourself” shall mean the Client who could be a customer or website user. Customer in turn refers to an individual attending the Course(s).
Any reference to “Agreement” shall mean these Terms.
1. Contractual Relationship
These Terms constitute a contractual relationship between SkillCare Academy and our Clients using our services or purchasing any products or learning asset(s) from us.
2. Overview of Services
2.1 As a provider of turn-key learning solutions, we make several learning assets and solutions available through our repertoire of open courses (“Open Course(s)”/ “Course(s)”). Open Courses can be taken:
i. Face-to-face and/or
ii. Virtually
2.2 Our Open Courses are listed on our website with complete details including but not limited to the following:
i. virtual or face-to-face session
ii. location
iii. dates available
iv. price
v. course duration
vi. learning assets and topics included
vii. optional sessions offered if any and
2.3 Due to the fluid nature of training courses and our commitment to continuous improvement, we reserve the right to change, without liability, the course content and/or trainer at any time in line with market demands.
2.4 Our Courses are delivered in English, and it is recommended that Delegates have a good understanding of the English language to be able to fully benefit from our Courses.
3. Booking a Course and Terms of Payment
3.1 All Open Courses can be purchased via our website and payment can be completed via the options outlined in paragraph (c) of Clause 3.v. We may use third-party payment gateways to facilitate payments. However, we are not affiliated with them and do not claim ownership over their Trade Mark(s), logo(s) and/or any other intellectual property rights. SkillCare Academy is not responsible for the data collected by third-party suppliers listed on our website, and customers visiting our website should read the terms and conditions as well as the privacy policy of third-party suppliers listed on our website, before proceeding to use their services.
3.2 Provisional Bookings
To make a provisional reservation on a Course, please either complete the online booking form, or contact one of our advisors on 0311 1100451.
To secure a telephone reservation, we must receive a written confirmation from you within 5 [five] days of the provisional booking being made.
3.3 Confirming a Booking
Confirmation can be sent by email or completed online. On receipt of your booking request, an invoice will be generated confirming the receipt of your booking request.
3.4 Joining Instructions
Delegates will find the information required to attend face to face and virtual Open Courses, within our Open Engagement Hub, which they will be able to access via a link emailed to them by us. For the purposes of receiving the above-mentioned link, Delegates must ensure that they provide a valid email address to us.
3.5 Payment and Terms of Payment
i) Course prices (“Fees”) are displayed on the website and can be paid
ii) All Fees in our brochures are current at the time of going to print. However, we reserve the right to change them. For the most up-to-date Fees, we encourage you to check our website, which is from time to time updated.
4. Course Dates and Venues
SkillCare Academy reserves the right to alter or cancel published dates and change venues without liability. In the event of a cancellation, where an alternative cannot be provided, monies received in respect of that Course can be refunded in full. SkillCare Academy are not liable for any travel and accommodation costs. Whilst every effort will be made to avoid resource changes, SkillCare Academy reserve the right to amend or replace any pre-named trainer scheduled to deliver a specific Course.
5. Data Protection and other policies
All data submitted when making a booking will be processed in accordance with Our Privacy Policy.
If a booking is made on behalf of a third party you warrant that you have secured their express consent for their data to be used for this purpose and have in place all relevant policies and processes to ensure compliance with all relevant legislation.
Other policies: The Parties agree that for the purposes of this Agreement, the Parties shall adhere to our policies, including without limitation:
We encourage all our customers/clients and Delegates to familiarise themselves with our internal policies, as these policies enable us to adhere to a professional code of conduct and ethics. Copies of our internal policies are available to you upon request.
6. Cancelling and Transferring Courses
6.1 Cancellation
All cancellation requests must be made in writing. Should you wish to cancel a Course, the following fees (“Cancellation Fees”) shall apply:
• 29+ days before start of Course = 20% of the Course Fee.
• 15-28 days before start of Course = 50% of the Course Fee.
• 0-14 days before start of Course = 100% of the Course Fee.
6.2 Any free places given under special offers will be subject to a USD100 cancellation charge.
6.3 Bulk Cancellation
If you wish to terminate/cancel 5 [five] or more Courses at one time, you must serve a “Sufficient Notice” (as defined in this Clause 7.3 ), in which case refunds on Courses that will remain undelivered after the last date of the Sufficient Notice Period, will be made by us based on factors including but not limited to (a) the unit price of each Course after discounts (if any) given to you, (b) notice period served for cancellation, and, (c) number of Delegates signed onto the Course(s). The refund calculated may differ for each Client as the calculation of the refund will be based on the above variable factors. The refund amount that you are entitled to upon a bulk cancellation will be communicated to you and only on your confirmation to proceed with the cancellation, will your Courses be formally cancelled.
When Sufficient Notice is given, 20% of the cumulative Course Fees will be charged as a cancellation fee.
For the purposes of bulk cancellation, you must serve us a notice in writing within the following notice period (“Sufficient Notice Period”). Failure to give Sufficient Notice will impact on the refund you will be entitled to receive under this Clause 7.3.
No of courses Notice period
5 - 25 30 days
26 - 50 60 days
51+ 90 days
7. Non-Attendance
7.1 If a Delegate fails to attend a Course without prior notification, Cancellation Fees of 100% will be applied.
7.2 In the event a Delegate fails to attend a Course on account of an emergency or any other unforeseeable circumstances, not constituting a Force Majeure Event, they must notify SkillCare Academy of their inability to attend the Course prior to the commencement of the Course, in which case SkillCare Academy will offer to transfer them to another date of the same Course at 50% of the Course fee (“Proposed Transfer”).
7.3 A Delegate must confirm acceptance of the Proposed Transfer or request for alternate dates within 14 [fourteen] calendar days of receiving the details of the Proposed Transfer from SkillCare Academy. After 14 [fourteen] calendar days have lapsed, the booking will be cancelled, and cancellation terms will apply.
7.4 SkillCare Academy reserves the right to ask a Delegate to leave a Course if it is felt that they are unable to participate and contribute to the learning on the Course. This includes inappropriate behaviour and actions that are detrimental to the learning received by other participants on the Course.
8. Disclaimers and Limitation of Liability
8.1 Disclaimers
i. Our services are restricted to the Course topic only and are not intended to be a substitute for therapy, psychiatric or otherwise and/or any medical treatment or diagnosis. Our services should therefore not be relied upon as therapy or assistance in lieu of therapy that one would normally seek from a therapist or qualified healthcare professional.
ii. Any comments made during training or Course delivery are expressions of opinion only.
iii. The results of our Courses differ for different individuals and the success of a Course is largely dependent on the Delegate’s own commitment and dedication towards the Courses and training. Previous results of our Courses and training can neither represent nor guarantee the same experience, level of progress or success of current or future Delegates.
9 Limitation of Liability
i. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
ii. Subject to the limitations contained in this paragraph 9, our total liability for any losses incurred by you shall not in any circumstances exceed the value of services purchased by you.
iii. We do not assume liability for the outcome of the Courses/training, as, the result of the Courses and training depends on a number of factors including without limitation, the Delegate’s own commitment, discipline, motivation, and dedication towards their professional development.
iv. We are not liable to you or any third party for any indirect, consequential, or special damages including loss of profits, loss of business, no economic success and/or loss of goodwill.
v. The Courses are intended for the Delegates’ use only and we shall not be held liable for reliance on it by any party other than the Delegate(s).
vi. SkillCare Academy does not warrant that our Courses, services, information and/or content included on or otherwise made available to you through our Courses, services, servers, or electronic communication sent by us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the access of our services, or from any information or content and/or services, included on or otherwise made available to you through our Website, the Open Engagement Hub, Courses or services, including, but not limited to direct, indirect, incidental, punitive and consequential losses and/or damages, unless otherwise specified in writing.
9.1 Force Majeure
Neither Party shall be liable for any delays or failures in performance due to circumstances beyond its reasonable control. “Force Majeure Events” shall include: (i) explosions, fires, flood, earthquakes, catastrophic/adverse weather conditions, travel disruptions due to adverse weather conditions or otherwise, epidemic, pandemic or other elements of nature or acts of God; (ii) acts of war (declared or undeclared), acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage (including electronic sabotage and attacks); (iii) acts of local or foreign governmental authorities or courts; and (iv) labour disputes, lockouts, strikes or other industrial action, whether direct or indirect and whether lawful or unlawful. If either Party is prevented from or delayed in performing any of its obligations under this Agreement by a Force Majeure Event, it shall promptly notify the other Party of the occurrence of a Force Majeure Event and describe, in reasonable detail, the circumstances constituting the Force Majeure Event and of the obligations, the performance of which are thereby delayed or prevented.
We will not be liable for delays and/or the inability to conduct a Course on account of a Force Majeure Event. Where we cannot conduct a face-to-face Course due to a Force Majeure Event, we will provide the same Course virtually on the same date on which the original Course was scheduled to be held face- to-face, or otherwise on any other date in respect of which reasonable notice will be provided to you.
In the event a Delegate refuses to attend the virtual Course, which had it not been for the Force Majeure Event would have been held face to face, the Delegate shall be deemed to have forfeited the Course and shall be liable to pay the Course Fee in full.
If a Delegate is prevented from attending a Course by reason of a Force Majeure Event and gives notice of it along with any supporting information to SkillCare Academy prior to the commencement of the Course, the Delegate shall be transferred to another date of the same Course without any liability.
10. Intellectual Property
10.1 SkillCare Academy owns the intellectual property to all its Courses, material, and course content (“Assets”) .
10.2 Delegates may use SkillCare Academy’s intellectual property exclusively for the purposes of this Agreement and shall not make any unauthorised use including the reproduction, distribution, communication and/or sale of SkillCare Academy’s Assets to third parties. Unauthorised use of our Assets shall constitute a breach of our intellectual property rights, entitling us to seek indemnification from the infringing party for any losses, and/or claims resulting from such breach and to seek damages, injunctions and/or any other remedies available to us under law and/or equity.
10.3 You agree not to manipulate the Assets and or any other material and/or equipment provided in relation thereto, digitally, or otherwise in a way that alters the final product created by SkillCare Academy.
10.4 Delegates shall attribute SkillCare Academy for the Assets and services provided, including on social media platforms.
10.5 For the purposes of promoting our services and showcasing our portfolio of work, we are permitted to refer to the Client(s) as our customers and provide references of the services provided to the Client(s).
10.6 You agree that that the SkillCare Academy Trade Mark(s), logo(s) and creative content displayed on the website are the exclusive intellectual property of SkillCare Academy.
viii. Residential courses, “Partner Courses” (i.e., courses provided by partner organisations) and accreditation courses are exempt from the Learning Passport scheme.
11 Course Discount
i. A Course discount cannot be used in conjunction with any other promotion.
ii. A Course discount only applies to SkillCare Academy run courses and therefore does not apply to third party Partner Courses or events.
iii. A Course discount excludes residential, exam courses and marked assignments.
iv. A Course discount is subject to the availability of places on the specified course.
v. We reserve the right to withdraw Course discounts at any time.
11.3 Peace of Mind
Re-attending a SkillCare Academy training Course free of charge only applies to the following:
i. Refresher: If you haven't been able to apply what you learnt within 6 [six] months of your Course date.
ii. Change in legislation: If the legislation taught within a Course changes within 6 [six] months of the Course date, you (the same Delegate) are free to re-attend the same Course.
iii. Delegate leaves the company: If the person you booked onto a SkillCare Academy training Course leaves within 2 [two] months of the Course date, you can send their replacement on the same Course free of charge.
iv. The event date for re-attendance will be at the discretion of SkillCare Academy but will be agreed with the Delegate.
v. The free re-attend only applies to the original Delegate that attended for:
vi. Re-attendance needs to be within 6 [six] months of the original training event date, where possible.
vii. As the person will be taking up a space on the event, a cancellation charge of USD100 applies if there is a cancellation or no show.
viii. SkillCare Academy reserves the right to withdraw this peace of mind offer at any time and without notice.
*The peace of mind offer - separate conditions apply for brokers. Contact us for details.
11.4 Refund/Replacement Course
We guarantee to offer a full refund or replacement Course if the attended Course did not reflect the current published description. All claims must be made in writing within 10 [ten] working days of the attended Course date to help@skillcareacademy.com
12.3 Material
For the purposes of this Licence Agreement, “Materials” shall mean the digital assets residing in the skillcareacademy.com Digital Learning Hub (“the Hub”) available on Our online platform (the “skillcareacademy Site”), as such Materials may be updated, modified, or changed from time to time, in Our sole discretion. In order to use the Materials, “Permitted Users” will require a user device and software that meets “Minimum User Requirements,” that for the purposes of this Licence Agreement shall mean those requirements set forth on the SKILLCAREACADEMY Site. SKILLCAREACADEMY reserves the right to update the Minimum User Requirements from time to time.
For the purposes of this License Agreement, “Permitted Users” shall mean those Delegates who have been authorised to use the Hub by virtue of the purchase for or by them of Our Open Courses and/or any other products or services.
12.4 Access
SKILLCAREACADEMY will provide a password - protected platform through which Permitted Users may access the Materials. SKILLCAREACADEMY will make every effort to ensure smooth and continuous operation of the platform.
12.5 Term and Termination
i. The “Initial Term” shall mean a period of 12 [twelve] months, commencing on the date of the Permitted User’s payment of the Course Fee. The Initial Term shall be renewable thereafter on an annual basis subject to the Permitted User’s payment of the then current annual licence fee as set forth on the then current schedule of prices (“Pricing Schedule”) displayed on the SKILLCAREACADEMY Site (“Annual License Fee”) and the Permitted User’s agreement to Our then current terms and conditions for the licence of the Materials. The Initial Term together with all renewal periods shall be referred to herein as the “Term”.
ii. SKILLCAREACADEMY shall have the right to terminate this Licence Agreement and all use of the Materials by the Permitted Users at any time without notice following (a) a violation or breach of this Licence Agreement by the Permitted Users and/or (b) Our reasonably good belief that the Permitted User(s) have violated or infringed, or are violating or infringing, Our or any third party’s intellectual property or other rights. Our election to exercise any such termination right shall be in addition to Our entitlement to pursue any and all other legal and equitable remedies available.
12.6 Data Collection
i. The Permitted Users agree that SKILLCAREACADEMY shall collect information and data relating to them for the purposes of providing their services and/or any other purposes outlined in Our Privacy Policy.
ii. All data submitted when using the Hub or the SKILLCAREACADEMY Site will be processed in accordance with Our Privacy Policy available
iii. The Permitted User acknowledges that SKILLCAREACADEMY and/or its third-party affiliates hosting the Materials shall be entitled to collect data associated with the Permitted Users’ use of the Materials (e.g., book viewed, pages viewed, etc.) (collectively, the “Materials Use Data”).
12.7 Communication
SKILLCAREACADEMY will communicate with Permitted Users on an on-going basis to engage them with the Materials, highlighting topics and communicating updates, if any.
14. Variation
SkillCare Academy may review, revise, or vary these Terms and the policies referred to within it from time to time to reflect the changing needs of the business and to comply with new legislation. We will try our best to notify Clients about any major changes to our Terms and Conditions. As a Client you must ensure that you stay up to date with the Terms and Conditions.
15. Severability
These Terms are to be considered separately, and if any provision(s) of this Agreement should be found by any court of competent jurisdiction to be invalid or unenforceable, this Agreement will be deemed to have effect as if such provision were severed from this Agreement.
16. Exclusion of Third-Party Rights
The Parties to this Agreement do not intend that any term under this Agreement should be enforced, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person is not a party to this Agreement.
Contact Information: The information provided by customers will be used by SkillCare Academy to contact them with relevant information about products and services or to conduct market research for improving our offerings. Rest assured, this information will not be shared with any third party.
Acceptance of Terms: By participating in this Offer, customers agree to abide by these Terms and Conditions.