CYM.ac.uk

Short Course Terms and Conditions

1.

Introduction

1.1
The following terms and conditions (
Terms) as updated from time to time, apply to all Short
Courses provided by the
Institute
for Children Youth and Mission (CYM)

1.2
You should read these Terms carefully before registering on a Short Course. We
recommend that you download and save a copy of these Terms for future
reference.

1.3
By registering on a Short Course, you agree to be bound by these Terms and the
documents referred to in them.

1.4
If you do not agree with or accept any of these Terms, you should not register
on a Short Course.

1.5
Where examples are given in these Terms by using words or phrases such as
including
or
for example this will not restrict the meaning of the general
related words.

1.6
Reference in these Terms to
working days are to days other than Saturdays and Sundays and
public holidays.

1.7 Definitions:

Booking –
means your online
booking
with CYM
for a place on your chosen Short
Course;

Confirmation – means our email or other form of
confirmation to you that your
Booking is accepted or that we are able to offer you a
place on the Short Course;

Code – means the Short Course Code of Conduct for
Learner Discipline, as set out at Schedule 1;

Events
Outside Our Control
 – means an event or
circumstances beyond our reasonable control, including extreme adverse weather
conditions, power failure, loss of internet or poor connectivity, pandemic,
urgent or necessary maintenance that may arise from time to time, technical
problems, strikes and acts of God;

Fees – means the tuition fees and administration
fees payable by you in relation to your chosen Short Course;

Services – means the teaching services and related
teaching materials that we will provide in relation to your chosen Short
Course;

Short
Course
 – means any non-credit bearing
course offered by
CYM via its Short Courses online platform or at the Teaching Centre or both as further detailed in Clause 2.3 below
and on the Website;

Term – 6 months from the date of receipt of
Confirmation;

Teaching Centre –
means in relation to OCOC or OCCC courses and some
Additional Events the location of the provision of the Short Course
as specified on the Website and your Confirmation;

we – means The Institute for Children Youth and
Mission (CYM)
with company registration number 03988613, and the registered office of which is at 16 Commerce Square, Lace Market,
Nottingham NG1 1HS
(and us or our shall have the same
meaning). The
Institute
for Children Youth and Mission
is also a
registered charity
, no.
1081144

Website – means our Short Course pages on the CYM
website which can be found at
https://www.cym.ac.uk

2.
University Short Courses

2.1
Who we are:
The Institute
for Children Youth and Mission (CYM)

with company registration number
03988613,
and the registered office of which is at
16 Commerce Square, Lace Market, Nottingham NG1 1HS
we are
also a registered charity, No. 1081144

2.2
Our contact details: Email:
[email protected] Telephone: +44 (0)115 777 0102.
Please contact us if you are unable to access any documents related to Short
Courses or if there is anything in the documentation that you are unsure about
and want to discuss with us before you apply.

2.3
There are
4 types of Short Courses to which these Terms apply,
as follows

Online
Tutor-Led Short Courses (OTLSC)

are open to anyone, paid for courses that have set registration dates and
learning takes place on scheduled dates, and are offered fully online.

On
Campus Open Courses (OCOC)

are open to anyone, paid for courses that have set registration dates, are
delivered face-to-face on scheduled dates.

On
Campus Closed Courses (OCCC)

are paid for but are only available to restricted cohorts e.g.
persons from a specific
organisation asking for specific training, they are delivered
face-to-face
or
online
, with set registration dates and
learning takes place on scheduled dates.

Additional
Events (AE) – these will be occasional courses or events, usually delivered as separately from the academic courses

2.4
Each type of Short Course offers various programmes of study as set out on the
Website.

3
Bookings

3.1
Your
booking is an offer to enter into a binding contract with
us to purchase a place on a Short Course subject to these Terms. We are free to
accept or decline your
booking at our absolute discretion. Your booking
is only accepted when we send you Confirmation.

3.2
You will be sent Confirmation once you have successfully paid for your chosen
Short Course at which point a contract will come into existence between us and
you (the
Contract). The Contract will continue until the completion
of the Short Course, unless it is cancelled earlier in accordance with Clauses
9 or 10.

4
Late Bookings

4.1
If you submit your
booking to us less than 14 days prior to the Short Course
commencing, you waive your statutory right to cancel with a full refund (your
statutory right is set out in Clause 9.1).

4.2
In addition, if you submit your
booking within 5
working days of the Short Course commencing, we cannot guarantee that the
Confirmation will reach you before the Short Course commences. In these
circumstances, we may need to provide confirmation by phone. If you do not
receive a response to your Booking from us with joining instructions and/or
online login details for the Short Course by 24 hours before your Short Course
commences, please contact us (using the contact details in Clause 2.2). You are
responsible for checking that your Booking has been received and that you are
able to attend/access on the start date.

5
The Services

5.1
The Services will at all times comply with English law.

5.2
We will use our reasonable endeavours to:

5.2.1
ensure that the Services meet the description set out on our Website in all
material respects;

5.2.2
comply with the timetable for the delivery of the Services which is set out on
our Website or otherwise agreed between us. However, you agree that dates and teaching
centre locations for delivery of the Services and the tutors and lecturers
providing the Services may be subject to change from time to time.

5.3
We may make any changes to the Services which are necessary to ensure that they
comply with any applicable law or satisfy regulatory or academic quality
requirements or which do not materially affect the nature or quality of the
Services and we will notify you of any such changes.

6
Your obligations

6.1
You agree to:

6.1.1
maintain an immigration status and valid travel documentation that entitles you
to undertake your chosen Short Course if it is an On-Campus Short Course (see
Clause 16 for details of this);

6.1.2
attend all specified On-Campus Short Course lectures and arrive promptly at the
scheduled start time;

6.1.3
ensure that you will be present on the platform to attend your chosen Online Short
Course at the scheduled times (where applicable) for the entire duration of the
sessions which are always stated as UK time;

6.1.4
ensure that you are comfortable that you have a level of spoken and written
English sufficient to allow you to fully participate and benefit from your
chosen Short Course;

6.1.5
refrain from using any audio or visual recording equipment during
classes/online lectures or practical sessions without prior permission from the
tutor and other students;

6.1.6
comply with our
teaching centre health and safety rules as notified
to you from time to time if you come to the
teaching centre;

6.1.7
comply at all times with the Code and the law;

6.1.8
conduct yourself in a professional and courteous manner and refrain from
causing offence or nuisance to us, our staff or other learners whether On-Line
or
at the
teaching centre;

6.1.9
provide/use the equipment and materials that we advise you to;

6.1.10
only use any facilities and equipment provided by us during the stated hours
for delivery of your chosen Short Course; and

6.1.11
observe strict confidentiality and not provide access to, or
share login details or content of Short Courses with any other person.

7
Fees and Payment

7.1
For all Short Courses:

7.1.1
when submitting your Booking, you agree to pay the Fees due in respect of your
chosen Short Course as set out on our Website.

7.1.2
Fees are payable in GBP
£ on the date of Booking unless otherwise agreed.

7.1.3
If you do not pay the Fees at the time of your online Booking or registration,
or as otherwise set out in these Terms and Conditions, you will not be entitled
to start your chosen Short Course.

7.1.4
Fees can be paid by the following methods:

(a)
Online by using your credit or debit card; or

(b) Online by a sponsor, e.g.
an employer or other organisation

(b)
By bank transfer, banker
s draft or a payment sent for
collection. You will need to request our bank details
prior to making an online booking on
the website
for the purpose of paying the Fees
this way. Please ensure you retain a transaction reference number in case there
are any problems with your payment.

7.1.6
If your sponsor, employer or another organisation is paying the Fees on your
behalf in accordance with Clause 7.1.
4 (b)
and wishes to be invoiced by
CYM, please ask them to have an appropriate officer
write to us on their headed paper and send a company purchase order with your Booking
for the full amount of the Fees payable, or the amount they are paying and the
amount you are paying.

7.1.7
Please note that in the case of Late Bookings (as detailed in Clause 4) it may
not be possible to accept any alternative payment methods.

8
Additional Conditions

We
may impose conditions on your study or vary the terms on which you study and
your access to services and facilities notwithstanding anything in these Terms
if, in our opinion, it is reasonably necessary to do so in order to comply with
our duties to protect the health and safety of learners, staff, contractors and
members of the public, our duties with respect to the safeguarding of young
persons or vulnerable adults or in order to comply with our obligations under
the Equalities Act 2010 or any other statutory duty or obligation.

9
Cancellation

9.1
Except in the case of Clause 9.3, if you are a consumer and are not entering
into the Contract for purposes connected with a business and provided you
contact us no more than 14 days after receiving Confirmation from us (the
Cancellation Period), then you have a legal right to cancel the
Contract by notifying us in writing or by email and receive a full refund. We
will refund any Fees you have paid within 14 days of receiving your
cancellation notice.

9.2
However, if you seek to cancel after the Cancellation Period, no refund will be
provided.

9.3
If you have expressly requested that we start providing the Services within the
Cancellation Period, for example

9.3.1
by submitting a Late Booking within 14 days of the Short Course commencing;

9.3.2
by attending your chosen Short Course classes; or

9.3.3
where you have digital access to the Short Course materials then you will be
deemed to have waived your statutory right to cancel under Clause 9.1 and no
refund will be offered.

9.4
The other clauses of these Terms set out your other rights to cancel the
Contract which are in addition to and do not affect your rights under clause
9.1

9.5
You may also cancel the Contract at any time if:

9.5.1
We break the Contract in a material way and do not correct the situation within
28 days of you asking us in writing to do so, in which case a partial refund
may be given for the part of the Short Course you do not have the benefit of
from the cancellation date (please note if you have had access to all course
materials prior to the cancellation date a refund may not be available;

9.5.2
An Event Outside Our Control prevents us from providing the Services when we
are supposed to and that event continues for 2 weeks or more, in which case a
partial refund may be given depending on the point at which the Event Outside
Our Control takes place; or

9.5.3
We go into liquidation or a receiver or administrator is appointed over our
assets, in which case we will refund the Fees in full.

Refunds

9.6
Except where these Terms expressly state that you are entitled to a refund,
there is no refund of Fees.

9.7
If you become entitled under these Terms to receive a refund then:

9.7.1
refunds will be paid in GBP
£ within 14 days of cancellation, usually by the
same method as you paid us, and we will not be responsible for any losses you
suffer as a result of currency exchange fluctuations or exchanges;
and

9.7.2
refunds may take up to 30 days to appear in your account and we have no control
over this timeframe once we have processed the refund in our own systems.

10
Our Cancellation Rights

10.1
We may cancel the Contract no later than 10 working days before your chosen
Short Course starts if there is low demand for the Short Course, in which case
you can either:

10.1.1
Transfer onto an alternative available course (and receive a partial refund of
the Fees if the fees for the alternative course are less than the Fees); or

10.1.2
Cancel the Contract and receive a refund of the Fees.

10.2
We may cancel the Contract if an Event Outside Our Control prevents us
providing the Services when we are supposed to for 4 weeks or more or if we
lose our right for the purposes of relevant legislation to provide the
Services, in which case we will refund any Fees paid.

10.3
We may cancel the Contract or suspend you from your chosen Short Course on
written notice to you if:

10.3.1
your attendance falls below reasonably acceptable levels (other than for
reasons outside your reasonable control);

10.3.2
you do not pay the Fees when you are supposed to;

10.3.3
we discover that you do not have an immigration status entitling you to
undertake your chosen Short Course or you have given us any other information
which is untrue or misleading;

10.3.4
you break the Contract in a material way and do not correct the situation
within 7 days of us asking you in writing to do so;

10.3.5
you are excluded from study as a result of a breach of the Code.

10.3.6
you give your login details to any third party without our prior written
permission; or

10.3.7
you share course content with any third party without our prior written
permission.

10.4
Please note that we may also seek prosecution if you have supplied fraudulent
information.

11
Postponement of Classes 

If
any Tutor-led class is postponed for reasons for which we are responsible,
including staff illness, we will make every reasonable effort to reschedule the
class or to add the missed hours on to the remaining course classes. We
apologise for this inconvenience and urge you to ring the College if you have
any concerns.

12
Non-Attendance

12.1
If, for reasons outside your reasonable control (such as illness) you miss
classes, it is your responsibility to catch up and do your own research to
ensure you are conversant with the materials provided. If you require
additional support following any non-attendance, we may levy additional charges
depending on the level of support you require. Your non-attendance does not
entitle you to refunds, extra tuition or a transfer of your course.

13
Events Outside Our Control

13.1
We shall not be responsible for any failure to perform or delay in performing
our obligations under the Contract that is due to an Event Outside Our Control.
If an Event Outside Our Control takes place which affects our obligations under
the Contract then:

13.1.1
We will contact you as soon as reasonably possible to notify you;

13.1.2
Our obligations under the Contract will be suspended and our time for
performance extended for the duration of the Event Outside Our Control; and

13.1.3
We will restart the Services as soon as possible when the Event Outside Our
Control is over.

14
Minimum Age Requirement

14.1
We cannot accept your Booking unless you are aged 18 or over, unless your
chosen Short Course is specifically advertised as being for persons under 18.
By submitting your Booking for your chosen Short Course not advertised as being
for persons under 18, you warrant that you are aged 18 or over. If you continue
with your Booking and we discover you are below the age of 18 on an 18 or over
Short Course, we will be entitled to cancel this Contract on written notice to
you.

16
Visas

16.1
For On-Campus Short Courses, if you do not hold a UK passport you are
responsible for checking whether you require a visa or other documentation in
order to travel lawfully to the UK and that specifically allows you to study in
the UK in order to take one of our On-Campus Short Courses. For more information please check the Home Office website 
https://www.gov.uk/browse/visas-immigration/student-visas.

16.2
It is your responsibility to determine how far in advance you need to apply for
a visa or other travel documentation, and to allow sufficient time to obtain
these.

16.3
We will not allow you to commence your chosen On-Campus Short Course if you do
not have a visa or other travel documentation that allows you to study in the
UK and no refunds will be given for your failure to obtain the appropriate
travel documents. You must present your passport and your visa/documentation to
us not less than 10 full working days before the start of your chosen Short
Course.

17
Our Liability to You

17.1
If we fail to comply with the Contract, we are responsible for loss or damage
you suffer that is a foreseeable result of our breach of the Contract or our
negligence, but we are not responsible for any loss or damage that is not
foreseeable. Loss or damage is foreseeable if they were an obvious consequence
of our breach or if they were contemplated by you and us at the time we entered
into the Contract.

17.2
We do not exclude or limit in any way our liability for:

17.2.1
death or personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors;

17.2.2
fraud or fraudulent misrepresentation; or

17.2.3
any other losses which cannot be excluded by applicable law.

18
Online Short Course Access

18.1
You will be able to access the learner area of the platform as soon as we have
sent Confirmation and log-in details for your chosen Short Course for the
duration of the course, unless we notify you otherwise.

18.2
Except where the course is specified as available to complete at your own pace,
you will be notified of the final submission date of your Short Course which
will not be less than 3 -6 months from the Short Course commencing, by which
time you must have completed the learning and assessment activities. If you
have completed the learning activities and assessments before the submission
date of your Short Course, the learning materials in course resources will
continue to be available to you for the remainder of your course.

18.3
You agree to:

18.3.1
provide your own computing equipment which is suitable for your receipt of the
Short Course and materials, including but not limited to hardware, software and
internet bandwidth as required; and

18.3.2
ensure you have the necessary equipment and materials available for the Short
Course, as specified in the course materials.

18.4
You acknowledge and agree that failure to comply with Clause 18.3 above may
limit your progress on your chosen Short Course.

18.5
If there are problems with your connection to the Short Course platform which
disrupt other learners who are registered on the Short Course, we reserve the
right to remove you from the Short Course until you have been able to resolve
the issue.

18.6
We cannot be held responsible for any technical problems you encounter
following the purchase of a Short Course. We are unable to provide any
technical or content support to individuals who have purchased a Short Course.

18.7
We will use reasonable endeavours to make Short Courses and the content
available online but cannot guarantee uninterrupted, timely or error-free
availability or that defects will be corrected. We reserve the right to suspend
access to the platform and Short Course online material for the purpose of
scheduled or emergency maintenance, repairs or upgrades to improve the
performance or functionality of the platform, it may not be possible to
reinstate all content in certain cases.

18.8
You should always keep separate copies of work you upload onto the platform. To
the extent permitted by law, we accept no liability whatsoever for loss,
destruction or corruption of or to data or content uploaded onto the platform.

18.9
The learning materials and course resources will cease to be available to you
after the course end date, whether or not you have completed the learning
activities and assessments by that date.

19
Online Short Courses: content, sharing and reproduction

19.1
You may download and use Short Course materials where available, for your own
personal, non-commercial use only but you agree that you will not record,
reproduce, modify, re-publish, sub-license, sell, share, broadcast, transmit,
make available, disseminate or distribute in any way any of the content
provided online as a part of your Short Course.

19.2
You acknowledge that due to the interactive nature of the Short Courses made
available online, at times it may be appropriate for you and other learners to
work together which may involve recording, reproducing, downloading, modifying,
adapting and/or re-publishing on to the platform other learner
s material uploaded onto the platform in relation
to the Short Course and you agree that other learners may do this in relation
to content that you upload. However, you must not to record, reproduce,
download, modify, re-publish, sub-license, sell, share, broadcast, transmit,
make available, disseminate or distribute in any way any content created or
uploaded by other learners other than on the platform.

19.3
When you upload material to the platform as part of your Short Course, you
confirm that you are entitled to upload this material for this purpose and that
this will not in any way infringe any other person’s rights.

19.4
You will not upload or share with other learners or tutors any material which
is unlawful or unsuitable according to societal norms in the United Kingdom or
our policies. This includes uploading of material that is false, obscene,
sexist, racist, homophobic, defamatory, illegal, abusive, threatening,
extremist, destructive (like malware, viruses, bugs, etc.) or otherwise
discriminatory, offensive, disruptive or objectionable to others.

19.5
You agree that we shall be under no obligation to monitor, screen or censor any
of the content that you or any third-party upload to the platform. To the
fullest extent permitted by law, we accept no responsibility for any such
content.

19.6
We reserve the right to suspend access to the platform or remove any material
you upload or share with other learners or tutors in breach of these Terms.

19.7
By uploading material to the platform, you give us the right to use the
material in any part of our courses and to include your material in our own
online and print material for promotional purposes. If you do not wish to give
us right to use your uploaded material you must notify us in writing by
emailing us prior to the commencement of the course.

19.8
The platform and Short Course materials provided online may contain links or
embedded links to third party content and websites. These links are provided
for your reference only and we do not endorse the content or the operations
associated with them. We have no control over such content and cannot accept
any liability for such third-party content. You should be aware that accessing
such content will be subject to third party terms of use and privacy policies.

19.9
Short Courses available online regularly make use of third-party service
providers like Google, Facebook, Twitter, You Tube, Vimeo etc. some of which
might be blocked in some countries. You acknowledge that it is your sole
responsibility to ensure you are able to access the content of Short Courses
including content on third party service providers. If you require further
advice as to what service providers will be used on any Short Course, please
contact us.

19.10
We are not responsible for the location, hardware and infrastructure you choose
to access the platform from and as such it is your responsibility to comply
with any necessary health and safety regulations that apply.

20
Your privacy and personal information

20.1
Your privacy and personal information are important to us. Any personal
information that you provide to us will be dealt with in line with our privacy
policy available at https://www.cym.ac.uk which explains what personal
information we collect from you, how and why we collect, store, use and share
such information, your rights in relation to your personal information and how
to contact us and supervisory authorities in the event you have a query or
complaint about the use of your personal information.

20.2
When you apply to study with us you are agreeing to your personal information
being used and processed in accordance with that privacy policy.

20.3
We use the information that we hold in our records to process your Booking, to
keep in touch with you and to provide services and facilities so it is
important that it is correct. It is your responsibility to keep your personal
information up to date and to notify us of any changes or errors.

20.4
You must notify us within a reasonable time if you change your name, the country
where you are resident or ordinarily resident or any of your contact details.

21
Ownership, use and intellectual property rights

21.1
All intellectual property rights in course materials are owned by us, our
licensors or both (as applicable). Intellectual property rights mean rights
such as: copyright, trademarks, domain names, design rights, database rights,
patents and all other intellectual property rights of any kind whether or not
they are registered or unregistered (anywhere in the world). We and our
licensors reserve all of our and their rights in any intellectual property in
connection with these Terms. This means, for example, that we and they remain
owners of them and free to use them as we and they see fit.

21.2
Nothing in these Terms grants you any legal rights in the course materials
other than as necessary to enable you to receive the Services and you must not
share the materials with anyone else.

22
Learner Code of Conduct 

When
you register to study with
CYM you agree to be bound by the Code as set out at
Schedule 1. Breach of that Code may result in the removal of your access to
your chosen Short Course with no refund.

23
Communication

23.1
You must provide us with a valid email address which we will use to correspond
with you. You must inform the College of any changes to your preferred email
address.

23.2
It is your responsibility to check your emails regularly. You will be sent
important information about your Booking as a learner and about your studies
via email. It is also your responsibility to manage any filters on your account
to ensure that emails from
CYM are sent to your inbox and not to your spam or junk folders. You should ensure that your inbox has an
adequate amount of space to receive messages from the University.

23.3
CYM
may monitor and record phone calls between you and
CYM
to ensure that
CYM has carried out your instructions correctly where
appropriate and to help
CYM to improve its services through staff training.

24
Rights of third parties

No
one other than You or Us has any right to enforce any
of these Terms.

25
Variation

We
reserve the right to vary these Terms from time to time. Our updated Terms will
be displayed on the Website. Except as set out above, no changes to these Terms
are valid or have any effect unless agreed by us in writing or is made in
accordance with Clause 8.

26
Entire Agreement

26.1
These Terms (together with all other policies and procedures which are referred
to herein) constitute the entire agreement between us. If, at any time, any
employee or agent of the University has agreed anything inconsistent with these
Terms, these Terms will prevail.

27
Complaints and Disputes

27.1
We take all complaints very seriously. If for any reason you feel that you have
a complaint and have been unable to resolve that informally with the person
involved, your tutor or another appropriate person at the University, you may
wish to log an official complaint with us. To do this please make direct
contact via email to
[email protected] providing details of your complaint.

27.2
You will receive confirmation of your complaint within 2 working days of
receipt. We will then investigate the issue and organise a discussion, normally
within 14 working days. We will contact you with the actions that we
ll be taking to resolve the issue within 21 working
days.

27.3
If you and we cannot resolve your complaint using the above process, we will:

27.3.1
let you know that we cannot settle the dispute with you; and

27.3.2
give you certain information required by law about our alternative dispute
resolution provider.

28
English Law

This
Agreement and any matters or claims under it or
connected with it shall be governed by the laws of England. The English courts
will have exclusive jurisdiction in relation to these Terms and English law
will apply to these Terms and your Short Course.

 

 

SCHEDULE
1 SHORT COURSE CODE OF CONDUCT FOR LEARNER DISCIPLINE

1.
This Code is intended to provide fair procedures for maintaining reasonable
behaviour by learners while they are registered on a Short Course. Learners are
expected to observe and respect:

  • The terms and conditions for Short Courses, including but not
    limited to your Clause 6 obligations
  • Health and Safety
  • Equality and Diversity
  • All CYM facilities and learning environments made available to them
  • The Data Protection Act 2018 and copyright legislation.

2.
If there is cause for concern over a learner behaving in an unacceptable way
the learner will be subject to having their place on the Short Course
cancelled.

3.
Any behaviour which causes distress to individuals, or disruption or
disturbance in the learning or social environments of
CYM,
is unacceptable, and may be subject to cancellation of their place on the Short
Course.
CYM expects that:

  • Learners behave with good sense, behave with consideration towards
    others and respect their differences and take care in the use of
    CYM’s facilities
    or services
  • Learners will not interfere with the normal working of CYM or any
    of its facilities or services nor bring
    CYM into disrepute by any of their actions.
  • Learners should not pass off the work of others as their own
  • If a learner feels s/he is a victim of inappropriate or
    unacceptable behaviour s/he has the right to use
    CYM’S Short
    Course Complaints procedure.

a.
On online programmes, we reserve the right to remove inappropriate content and
take action against users who violate the Code.

b.
If you believe that someone has violated this Code, begin by notifying the
instructor/course administrator of the course. If the issue is not addressed to
your satisfaction, contact
[email protected] with your concerns.

c. This Code is in effect as of March 2021. We reserve the right to modify it at any time.