General terms and conditions for the booking and provision of Career Accelerators

Standard terms and conditions

This page (together with the documents referred to on it) sets out the terms and conditions under which we provide the Career Accelerators (“Career Accelerators”) listed on our website www.ice.cam.ac.uk (“the site”). Please read these terms and conditions carefully before booking any Career Accelerators. You should understand that by booking any of our Career Accelerators (“Career Accelerator booking”), you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

1. Information about us

Institute of Continuing Education, University of Cambridge

1.1 The site www.ice.cam.ac.uk serves the Institute of Continuing Education, part of the University of Cambridge, and is operated by the Chancellor, Masters and Scholars of the University of Cambridge (“we” or “us”).

1.2 Our main business address is The Old Schools, Trinity Lane, Cambridge CB2 1TN. Our VAT number is GB 823 8476 09.

1.3 We are an exempt charity under the Charities Act 1993.

FouthRev

1.4 The Institute of Continuing Education, part of the University of Cambridge is working in collaboration with FourthRev to deliver our Career Accelerators.

1.5 FourthRev is a company registered in England and Wales under company number 12333799. Their registered office is at Harwood House, 43 Harwood Road, London, England, SW6 4QP.

1.6 Learners enrolled in Career Accelerators are entering into a contract with the Institute of Continuing Education, part of the University of Cambridge. However, as FourthRev are providing services to the university, by agreeing to these Terms, you also agree to the following policies (the Policies) which are incorporated by reference into these Terms:

  1. Privacy Policy (and Cookie Policy)
  2. Website Terms of Use
  3. Any other legal terms and notices which appear on https://fourthrev.com/ (the Website).

2. Your status

2.1 If you have not entered into a contract for the purposes of your business, trade or profession, you are acting as a consumer.

2.2 If you are a consumer, by placing an order through our site you warrant that:

  1. You are legally capable of entering into binding contracts; and
  2. You are at least 18 years old; and
  3. You do not have an outstanding bad debt with the Institute or the University; and
  4. You have not previously been asked to leave a course.

3. How the contract is formed between you and us

3.1 Your booking is a request to us to reserve a place for you on a Career Accelerator with a specific start date (“Career Accelerator start date”) and duration. All bookings are subject to acceptance by us. After placing an order, you will receive an email or letter from us, via FourthRev, acknowledging that we have received and accept your order (the “order confirmation”). The order confirmation shall include a copy of these terms and conditions (“the contract”). The contract will only be formed when we send you the order confirmation.

By accepting the specific Career Accelerator start date you hereby accept that delivery of the Career Accelerator may fall outside of the 30 day delivery window from the date of the order confirmation.

3.2 The contract will relate only to those Career Accelerators which we have confirmed we will provide in the order confirmation. The value of the contract will be the total cost of the tuition fee (“the Career Accelerator fee”).

3.3 You warrant that all information provided to us by you for the purposes of the contract is complete and accurate.

4. Price and payment

4.1 The Career Accelerator fee will be as quoted on our site and FourthRev’s site at the time of order, except in cases of obvious error. These prices, where applicable, are inclusive of a sum representing UK VAT.

4.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.

4.3 It is always possible that, despite our best efforts, some of the Career Accelerators or Career Accelerator options listed on our site may be incorrectly priced. If the correct price for a Career Accelerator or a Career Accelerator option is higher than the price stated on our site, we will normally, at our discretion, either contact you or cancel your order and notify you of such cancellation. Any price paid will be refunded to you but we shall have no liability to you beyond the price paid.

4.4 We are under no obligation to book you on a Career Accelerator at the incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

4.5 You will be responsible for paying us the Career Accelerator fee unless you cancel your Career Accelerator booking within the period of eligibility for a refund as in Clause 5.2, or within our refund policy as set out in Section 6.

4.6 We reserve the right to suspend or terminate your access to the Career Accelerator programme due to non-payment of fees

5. Cancellations and deferrals

5.1 If you wish to cancel your programme enrolment, you should request to do so by completing the form here. Your request will be reviewed and members of the student experience team may consult with you in reaching an informed decision before confirming your cancellation.

5.2 Cancellations received within the 14-day standard cancellation period (the ‘cooling off period’) or within the Orientation period will be entitled to a full refund, so long as these are received before the start date of Course 1.

5.3 If you wish to defer your participation in a programme, you must do so before the start of the first course in the Career Accelerator. Deferral requests should be sent using the virtual form here. Once the form has been received, members of the student experience team will consult with you in reaching an informed decision. FourthRev will work with the Institute of Continuing Education to negotiate a deferral pathway to ensure your best chance of success on the programme, however deferral is not guaranteed. The final decision will be at the discretion of the Institute of Continuing Education. It is not possible to defer after the start of Course 1.

6. Refunds

6.1 After the initial cancellation window, learners may still be able to claim a portion of the programme fees depending on when they make the cancellation request.

6.2 Any learner making a cancellation less than two weeks before the start of the second course in the programme will be entitled to a refund totalling 50% of their course fees.

6.3 Any learner making a cancellation less than two weeks before the start of the third course in the programme will be entitled to a refund totalling 25% of their course fees.

6.4 Any learner making a cancellation less than two weeks before the start of the fourth course in the programme will not be entitled to a refund.

6.5 Payments for any remaining Career Accelerator fees will be taken according to the agreed instalment schedule.

6.6 In the case of exceptional circumstances, a student can appeal for a refund for part of the Career Accelerator fees by sending details and documentary evidence to support their case to the appropriate programme administrator for their Career Accelerator.

6.7 Any learner that has enrolled on one of our Python preparation courses and is requesting a cancellation or refund will have the cost of that course deducted from their refund.

7. Our liability and intellectual property

7.1 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the Career Accelerator fee you paid.

7.2 This does not include or limit in any way our liability:

  1. For death or personal injury caused by our negligence;
  2. Under section 2(3) of the Consumer Protection Act 1987;
  3. For fraud or fraudulent misrepresentation; or
  4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

7.3 We are not responsible for indirect losses which happen as a side-effect of the main loss or damage including but not limited to:

  1. Loss of income or revenue
  2. Loss of business
  3. Loss of profits or contracts
  4. Loss of anticipated savings
  5. Loss of data, or
  6. Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise provided that this Clause 7.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of Clause 7.1 or 7.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this Clause 7.3.

7.4 Nothing in these terms and conditions shall give you any right or other licence to use, copy or otherwise use or exploit in any way any intellectual property contained in the content of any Career Accelerator provided to you in accordance with these terms and conditions, unless expressly specified prior to order.

8. Written communications

8.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you, or FourthRev will contact you, by email or provide you with information by posting notices on our website or FourthRev’s Virtual Learning Environment. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

9. Notices

9.1 The mechanisms for delivering notices are provided in the relevant sections of this contract.

10. Transfer of rights and obligations

10.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

10.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

11. Events outside our control

11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (force majeure event).

11.2 A force majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  1. Strikes, lock-outs or other industrial action.
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  5. Impossibility of the use of public or private telecommunications networks.
  6. The acts, decrees, legislation, regulations or restrictions of any government.

11.3 Our performance under any contract is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the force majeure event to a close or to find a solution by which our obligations under the contract may be performed despite the force majeure event.

12. Waiver

12.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

12.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 8.

13. Severability

13.1 If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

14. Privacy

14.1 We will process information about you in accordance with our privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.

14.2 FourthRev will process information about you in accordance with their privacy policy.

14.3 FourthRev, and any Programme administrators or teachers, may contact you by email or telephone in relation to reminders about assignments or any payments due. These are service communications which are necessary for us to effectively fulfil our contract with you. FourthRev only sends marketing communications if you have provided your consent, and you can always change your mind.

15. Entire agreement

15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

15.2 We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.

15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

16. Our right to vary these terms and conditions

16.1 We have the right to revise and amend these terms and conditions from time to time.

16.2 You will be subject to the policies and terms and conditions in force at the time that you order from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

17. Law and jurisdiction

17.1 Contracts for the purchase of Career Accelerators and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

18. FourthRev additional terms and conditions

18.1 Suitability: It is your responsibility to ascertain whether the Programme you are registering for is suitable for you, based on your individual requirements. Key information in relation to the Programme is set out onFourthRev’s website. Each Programme also has a ‘Programme Brochure’ which is circulated to all interested learners. The Programme Brochure contains all information in relation to a Programme. Please ensure that you request a copy of a Programme Brochure before you register for a Programme. If you have any questions regarding a Programme or your suitability, please contact us by completing the virtual form here.

18.2 Unauthorised use of your Programme account: If you are aware that there has been unauthorised access to your account, you must contact us immediately. It is your responsibility to keep your security information safe. If you believe there has been unauthorised access to your account or you notice any unusual activity, please let us know as soon as possible by completing the virtual form here.

18.3 The FourthRev Platform: Upon acceptance and enrolment onto the Programme you will be granted access to the FourthRev Platform. We will create your account and profile based on your successful enrolment (or, if you already have a profile then we will use your existing profile for the new Programme onto which you are enrolled). FourthRev reserves the right to suspend or terminate your access to the platform due to non-payment of fees or failing to comply with any of our policies or guidelines (or any other valid reason that FourthRev or the University of Cambridge Institute of Continuing Education provides). Please note there may be some delays between enrolment and access to the platform.

18.4 Post-programme access: Following completion of the Programme, you will retain access to the FourthRev platform and learning materials contained within for a period of six months. After six months your access will be revoked.

18.5 Licence: Subject to these Terms, and to you paying the relevant fees for a Programme, FourthRev grants you a limited, personal, non-exclusive, non-transferable, royalty-free and revocable licence to use the Services, including all services associated with our Programmes, and the FourthRev Platform.

18.6 Language: All Programmes will be delivered in English, including any instructions and administration for such Programme. Any submissions by participants on a Programme, including coursework, must be in English.

18.7 External websites: Certain Programmes may require you to use external websites. We accept no liability whatsoever in relation to any links to other websites and we are not responsible for technical support in relation to those websites.

18.8 Programme content provided “as is”: To the extent permissible under applicable laws, all Services, Programmes, Courses and any content are provided “as is” without representations or warranties of any kind, whether express or implied, in respect thereof, and in particular, we make no representations or warranties regarding the quality of the Programme content or the fitness of the Programme content for the purpose for which you acquired it.

18.9 Your intellectual property rights: As part of a Programme, you may be able to share your own content. All intellectual property rights in that content remain with you, and you are responsible for it. When you upload your content, you grant FourthRev an irrevocable, perpetual licence (give us permission which you cannot withdraw) to use your content and share it with third parties, such as the University of Cambridge Institute of Continuing Education or Employer Partners. We will always credit you as the author of the work.

18.10 Prohibited use: Under no circumstances may you do any of the following while participating in a Programme or accessing the FourthRev Platform:

  1. copy, reproduce, publish, distribute, redistribute, broadcast, transmit, modify, adapt, edit, abstract, store, archive, display publicly or to third parties, sell licence, lease, renting, assign, transfer, disclose (in each case whether or not for charge) or in any way commercially exploit any part of any Programme content or the Services;
  2. permit any use of any Programme content or the Services in any manner by any third party;
  3. combine, merge or otherwise permit the Services or any Programme content to become incorporated in any other application, program or service, or arrange or create derivative works based on it (in whole or in part);
  4. attempt to reverse engineer, observe, study or test the functioning of or decompile any Programme content or the Services; or
  5. access or use the Services or any part of the Programme content to develop or support, or assist a third party to develop or support, any products or services in competition with the Services.

18.11 Suspension or Removal from a Programme: If we find that you have used the Website, the Services or the Programme in a prohibited way, or there is a dispute about your conduct in relation to the Services or the Programme, then we may, in our sole discretion, remove or suspend your participation in the Programme. If we remove you from a Programme because of your breach of these Terms, you will not be entitled to any refunds.

18.12 Termination due to breach: If you breach any part of these Terms and that breach remains unremedied for 5 days after receiving written notice from us, or is incapable of remedy, then we may in our sole discretion terminate your participation in a Programme. You will not be entitled to a refund in this case. You will be entitled to appeal your termination in extenuating circumstances.

18.13 Termination due to modification: FourthRev, in consultation with the University of Cambrdige Institute of Continuing Education, may add or remove functions, features, or requirements to a Programme, and we may suspend or stop our service altogether. We will provide you with advance written notice before we make any material changes to a Programme. You may also discontinue your use of our services and Programmes at any time, at which point a refund may apply in accordance with the refund policy above.

18.14 Complaints: We want you to have the best possible experience on a Programme or using our Services. If you have any general complaints, please contact us by completing the form here.

If you have any complaints about a Programme, please do direct them in the first instance to your Success Manager in whatever format you feel most comfortable with. Your Success Manager will then be able to take the complaint forward and work with you towards a response and suitable resolution. If you do not feel comfortable discussing the complaint with your Success Manager please let us know in your form submission and it will be picked up by a member of the FourthRev support team not connected to the Programme who will work with you towards a suitable resolution.