Oxford Scholastica Online Terms & Conditions

 

Please find our OSO Terms & Conditions below. You can also see our Privacy & Cookie Policy here, our Data Protection Policy here and our Website Terms & Conditions here. Our Child Protection Policy can be found here and our Acceptable Use of the Internet Policy is here.

If you have any questions just let us know by contacting us here.

These Online Terms & Conditions replace and supersede any previous versions of the Online Terms and Conditions.

 

Oxford Scholastica Academy Online Courses Terms & Conditions

1)   Definitions

i.        ‘Acceptance’ means OSA sends the Student an email confirming the Student has been accepted onto an Oxford Scholastica Online (OSO) course

ii.        ‘Application’ means submitting an application to an OSO course on OSA website (www.oxfordscholastica.com) or via the Oxford Scholastica Academy paper application form

iii.        ‘Business day’ means Monday to Friday.

iv.        ‘Commencement Date’ means the start date of the chosen online course.

v.        ‘Contract’ means the legally binding arrangement that OSA enters in to with the Student once the Student is accepted on the chosen programme and accepts the place for the course and is subject to these Terms & Conditions as well as other documents to which they refer.

vi.       ‘Intellectual Property Rights’ shall mean copyright (and related rights), designs, patents, trademarks, confidentiality, confidential information, video recordings and all other intellectual property rights that may subsist or will subsist in the future.  This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant);

vii.        ‘OSA’ means the Oxford Scholastica Academy Ltd, a company incorporated in England & Wales (registration number 07746591)

viii.        ‘Rules and Regulations’ shall means all of OSA’s rules and regulations which are applicable.

ix.        ‘Online course’ means OSO’s programme as described on its website (https://www.oxfordscholastica.com/oxford-scholastica-online/)

x.        ‘Student’ means the student and, where he is a minor, includes his parents or guardian

xi.        ‘VAT’ means value added tax as provided for in the Value Added Tax Act 1994

 

2)   Application

i.        By making an Application, the Student acknowledges he has read this Contract and that he will be bound by this Contract if he is a) notified of his Acceptance by OSA and b) he pays the full course fee

ii.        The Student must be aged between 12-18 at the start of the OSO course unless otherwise agreed in writing.

iii.        The Student must be able to speak, understand and read English to an Intermediate/Upper Intermediate/Advanced English level. The Student’s English language level must be above Common European Framework Level C1. If during the OSO course OSA determines at its sole discretion that the Student’s English proficiency is not at this level, OSA reserves the right to remove the Student from his course and transfer him/her to a course of English Language private tuition, and the Student will be required to pay any additional fees

iv.        The Student must provide information on any relevant medical/educational/special needs requirements on his Student Information Form, so that OSA can start to consider and make reasonable arrangements

3)   Acceptance

i.        By submitting an application form, this does not constitute Acceptance. Any Acceptance is solely at the discretion of OSA subject to reviewing the Student’s application form, including his personal statement. An interview may follow, and OSA may seek references which the Student is obliged to provide.

ii.        After Acceptance, the Student’s place is not confirmed until he has paid the course fees in full.

iii.        OSA reserves the right to withdraw any offer that is made to the Student, or terminate the Contract if it transpires that the Application is inaccurate or incomplete.

4)   Payment

i.        Fees are inclusive of VAT where appropriate and when outlined on the invoice

ii.        Payment of the course fees must be made in pounds sterling via Stripe, Paypal, Braintree, TransferWise, bank transfer, or, at the discretion of OSA, by another method. The exact amount must be paid. The Student should bear in mind that some banks will charge a fee for transferring the money, or the exchange rate may fluctuate, and it is the Student’s responsibility to cover these payments and ensure that the exact amount is received by OSA

iii.        The course fees are not refundable in any circumstance except in accordance with clause 5 (i)

iv.        All payments made or to be made under this Contract shall be made in full, without any deduction, withholding, set-off or counterclaim on account of any taxes or otherwise

5)   Cancellations

i.        The Student has the right to cancel this Contract and receive a refund of the course fees (net of any bank charges or foreign exchange losses) if the cancellation is made within fourteen calendar days after entering in to the Contract (minus an administrative charge of £50 to cover costs incurred) unless the OSO course starts before the fourteen calendar days has expired (in which case the Student will be refunded the deposit minus any charges OSA has incurred). The refund payment (less the administration fee) will be repaid to the Student within 30 days following cancellation. After this period, the course fees are not refundable in any circumstances.

ii.        If the Student wishes to cancel this Contract in accordance with clause 5.i, OSA must be notified in writing via the contact address or email account at www.oxfordscholastica.com/contact-us.

iii.        All refunds will be net of any bank charges or foreign exchange losses

iv.        If the Student cancels other than in accordance with clause 5 (i) and does not give notice in accordance with clause 5 (iii), then he shall not be entitled to a refund under any circumstances (including, for example, cancellation as a result of illness before or during the online course), nor shall the Student be entitled to carry forward the fees to another year, nor shall the student be entitled to transfer their place or funds paid to another Student.

6)   Termination

i.        OSA reserves the right at any time to terminate this Contract by written notice without refunding any fees to the Student if OSA determines at its sole discretion that:

a)        Payment of the fees in full has not been made within 30 days of Acceptance

b)        The Student has not fully filled in the Student Information Form 7 days before the Commencement Date, including details such as medical conditions, emergency parent/guardian contact details etc., or, in the sole judgement of OSA, has not filled this in accurately or comprehensively.

c)        The Student has not updated OSA immediately about any changes to these details in the Student Information Form

d)        In the sole judgement of OSA, the Student is medically unfit to participate in the OSO course

e)        The Student rejects being moved by OSA from his course to a course of English language private tuition, or does not pay the additional fees for this, after OSA has determined at its sole discretion that the Student’s English proficiency is not at the level required for the course, in accordance with clause 2 (iii)

f)        The Student has behaved unacceptably, missed classes, or broken any of OSO’s Rules & Regulations

ii.        The rights, liabilities or remedies of either party shall not be affected after termination, nor will the continuance of any of this Contract’s provision (to the extent to which it is expressed or by implication intended to continue)

7)   Insurance

i.        The Student is required to take out comprehensive insurance to cover himself, including health, contents and travel insurance, which will insure him against, but not limited to, issues such as flight costs and course fees incurred in the event of cancellations, theft of personal items, medical treatment, repatriation, personal accident, the occurrence of a Force Majeure Event, public liability, legal expenses etc, and to provide proof when requested by OSA of these insurance policies. The Student must also pay any additional expenses OSA incurs in the event of any of these circumstances or similar circumstances

ii.        It is the Student’s responsibility to follow the relevant requirements of their insurer, for example in informing the insurer promptly after any accident and claiming from the insurer

8)                Limitation of Liability

i.        OSA will not be liable to the Student or any connected persons for any claims, costs, expenses or damages (including but not limited to property, personal belongings or money) losses (including but not limited to loss of profits, revenue, data, contracts or opportunities) or any liabilities of any kind (whether direct or indirect), except for death or personal injury resulting from proven negligence in an English court of law. Without limiting the generality of this clause, OSA will not accept liability in the following circumstances:

a)        Loss of or damage to personal belongings whether or not caused by OSA’s negligence. Students are advised to arrange insurance to cover such eventualities.

b)        If the failure or improper performance of this Contract is the fault or part-fault of the Student, or is the fault of someone else not connected with the provision of the Summer School

c)        Any unusual or unforeseeable circumstances beyond OSA’s control, the consequences of which could not have been avoided even if all due care had been exercised

d)        If the failure or breach of this Contract is in whole or in part attributable to the occurrence of any event that OSA could, even with reasonable care, not have foreseen.

ii.        The Student will indemnify and keep indemnified OSA from and against any losses, claims, costs, expenses or damages or any liabilities of any kind incurred by it as a direct or indirect result of a breach of this Contract or a violation of OSA’s Rules and Regulations by the Student

iii.        Where OSA makes any payment to the Student arising from this Contract, the Student must assign to OSA or its insurers any rights it may have to pursue any other third party. The Student must also provide OSA and its insurers with all assistance required.

9)                The Student agrees to:

i.        Not participate in any act or illegal activity that may bring OSA or any of its facilities into disrepute

ii.        Abide by OSA’s Online Course Rules & Regulations and the decisions of OSA’s staff. In the event of any breaches of these Rules and Regulations, OSA reserves the right to terminate this Contract in accordance with Clause 6.

iii.        Abide by OSA’s other policies including, but not limited to, OSA’s Health & Safety Policy, Acceptable Use of the Internet Policy and Attendance Policy.

iv.        Indemnify OSA against any and all damages, losses, expenses, claims, costs and reimbursements arising from any connection with any act or omission of the Student

v.        Behave considerably, responsibly and co-operatively towards anyone involved with OSA, including fellow students, tutors and staff.

vi.        Not make use of the name, logos, crest, trademarks, coat of arms or insignia of The University of Oxford (‘the University’), or the Oxford Scholastica Academy except where written permission has been given

vii.        Not publish any material by any medium relating to OSA, its staff, students, or any other person or body OSA has a relationship with without OSA’s written permission

viii.      Not give interviews or statements to any form of media outlet (including social media) in relation to OSA unless given written permission to do so by OSA.

ix.         Withdraw any material given to any form of media outlet (including social media) where permission was not given by OSA.

x.     Abide by any statutory requirements.

10)                Graduation

i.        Graduation from an OSO course is at the discretion of OSA. In order to graduate from the course, the Student must:

a.        attend all compulsory sessions for the full duration of the Online course, including but not limited to classes and Masterclasses (except those for which the student is ill where the illness is certificated by OSA at their entire discretion), and have participated positively and appropriately;

b.        complete to an appropriate level and hand in all work required by the Student’s tutor;

c.        not plagiarise any work;

d.        not have had the Contract terminated by OSA

11)                Notices

i.        All notices shall be in English and in legible writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice

ii.        Notices shall be deemed to have been duly given:

a.        when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or

b.        when sent, if transmitted by e-mail and a successful transmission report or return receipt is generated; or

c.        on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or

d.        on the tenth business day following mailing, if mailed by airmail, postage prepaid.

in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other party.

iii.        Service of any document for the purposes of any legal proceedings concerning or arising out of this Contract shall be effected by either party by causing such document to be delivered to the other party at its registered or principal office, or to such other address as may be notified to one party by the other party in writing from time to time

12)                Data Protection

i.        OSA will comply with the General Data Protection Regulation (2016/679) and the Data Protection Act 2018 (the “Data Protection Legislation”). Full details of how OSA handles the personal data of Students and others are contained at the top of this page.

13)                Force Majeure

i.        OSA shall not be liable for any failure, delay or part-performance in performing their obligations where such failure or delay results from any cause that is beyond their reasonable control. Such causes include, but are not limited to: power failure, Internet Service Provider failure, third party service or facility withdrawal, industrial action, civil unrest, fire, flood, storms, earthquakes, outbreak of contagious or other notifiable human or animal infection, disease or condition, air traffic disruption, acts of terrorism, acts of war, governmental action or changes in legislation/regulation, any direction of a competent local or national authority (or fear of such), or any other event that is beyond the control of OSA. This also includes situations where any buildings or schools are closed, through no fault of OSA, and the Summer School cannot be provided at the pre-arranged location

ii.        If a Force Majeure Event or disruption from such an event occurs, OSA may terminate this Contract by written notice to the Student

iii.        Should the OSO course be cancelled, postponed or otherwise adversely impacted as a result of a Force Majeure Event, there shall be no refunds for payments already received by OSA. If economically and administratively viable for OSA to do so, OSA will make all reasonable efforts to offer a place at a future OSO course to the Student, subject to availability, and shall not be liable for any additional expenses the Student may incur because of cancellation or postponement of the OSO course and in attending a future OSO course. OSA shall not be required to offer such an alternative place, does not guarantee that it will do so, and shall not be required to offer any refund or monetary compensation to the Student in such cases. For the avoidance of doubt, the occurrence of a Force Majeure Event shall in no circumstances place any requirement on OSA to make any form of reimbursement, compensation or refund

14)                Promotional activities

i.        OSA staff members may ask the Student to participate in photographs, videos or other promotional activities during the OSO course, for use in OSA’s future publicity. The Student should advise OSA in writing if he would prefer not to participate in these activities and unless otherwise instructed in writing, OSA may use these images and video footage for its business use and promotional activities. OSA will never feature a student’s full name or anything else by which the student may be recognised with their photo.

ii.        At the end of the OSO course, OSA will ask the Student to fill in an evaluation questionnaire. OSA may use statistics and quotes from these to promote future OSO courses, and may credit the Student’s name and school next to these quotes. The Student should advise OSA in writing if he would prefer for OSA not to use this information in future publicity

15)                Relationships

i.        OSA is an organisation which contracts with St Peter’s College and Corpus Christi College for the use of facilities, but which has no formal connection with The University of Oxford.

16)                General

i.        Nothing in this Contract shall be construed as creating a partnership with the Student

ii.        The Student may not subcontract any rights under this contract to another person or company without the consent of OSA

iii.        OSA may assign all or any of its rights under this Contract to any person or company without any requirement to notify or obtain further consent of the Student

iv.        No amendments of this Contract shall be effective unless confirmed in writing and signed by both OSA and the Student

v.        No waiver by OSA of any breach of these terms shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which the waiver is given

vi.        Whilst every effort has been made to ensure that this Contract adheres strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from this Contract and shall not affect the validity and enforceability of the remaining terms. This term shall apply only within jurisdictions where a particular term is illegal

vii.        The headings in this Contract are for convenience only and shall not affect the interpretation of the Contract

viii.        Words imparting the singular shall include the plural and vice versa

ix.        References to any gender shall include the other gender

x.        OSA makes every effort to provide an accurate description of the OSO course, but can make no guarantee about the content or structure, which may change

xi.        OSA reserves the right to cancel courses (for reasons including, but not limited to, insufficient numbers of students signed up for the course), in which case OSA will make every effort to transfer the Student to another course, or another session

xii.        OSA reserves the right to modify or cancel the OSO course, and to make alterations to the programme, terms, rules, policies, courses and tutors at any time before or during the OSO course without the Student’s consent. OSA shall not be held responsible for any inconvenience caused and extra expenses incurred

xiii.        Wherever possible, OSA will try to accommodate the Student’s reasonable requests for a change to his booking (e.g.: change of course or change of dates) but cannot guarantee and is under no obligation to do so.

xiv.      Photographs are provided as an example only and OSO courses, distance learning platforms and course content may be different to those displayed.

xv.        Where any OSA policy differs with these Terms and Conditions, these Terms and Conditions shall prevail

xvi.        If OSA becomes aware of any breach to these terms after the OSO course, OSA reserves to right to withdraw the Certificate of Achievement and Letter of Recommendation which has been conferred onto the Student

xvii.        OSA does not intend any term of this Contract to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999

xviii.        This Contract shall be governed by the laws of England and Wales

xix.        Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales, to settle any dispute or question relating to this Contract, or any other matter

Appendix
Please click here for our Oxford Scholastica Online Rules & Regulations and Discipline Policy.