Terms and Conditions of Enrolment

Definition of Terms

About these Terms and Conditions  

These Terms and Conditions and the Related Documentation set out the agreement (the "Agreement") between you and CAPSLOCK Education Limited (We/CAPSLOCK). The Agreement sets out the details of your and our rights and obligations during the Admission Process and whilst you are enrolled as a Learner.

When you confirm your Tuition Fee Arrangement as part of the Admission Process, you are entering into a legal agreement with CAPSLOCK. You should ensure that you understand what is expected of you and what you can expect from us. It is very important that you review these Terms and Conditions and the Related Documentation carefully before confirming your Tuition Fee Arrangement. By doing so, you are entering into a legal agreement with us which places legally binding obligations on each of us. There may be legal and financial consequences if you later change your mind.

If there is anything in these Terms and Conditions or in any of the Related Documentation that you do not understand fully, please contact CAPSLOCK via admissions@capslock.ac before you proceed with the Admission Process.

Section A: Your application to enrol as a Learner

A1. Additional conditions for disclosure of legal restrictions and conditions

Your application to enrol as a Learner is subject to you having met any requirements for enrolment detailed on the application form and as set out on our website https://capslock.ac/apply#eligibility. You accept responsibility for reading, understanding, and meeting any eligibility criteria and confirm that you have fully disclosed all relevant matters to us.

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A2. Additional conditions to comply with statutory responsibilities

We may impose conditions or vary the terms of your study and/or your access to Learning Materials if, in the reasonable opinion of CAPSLOCK, it is necessary to do so in order to comply with our duties and/or obligations to:

• protect the health and safety of our Learners and staff; and/or
• comply with our obligations under the Equality Act 2010 or any other statutory duty or obligation.

Section B: Enrolment with CAPSLOCK

B1: Admission Process

Your enrolment on the Course and your status as a Learner is subject to you successfully completing each stage of the Admission Process.

Please note that each stage of the Admission Process must be completed and/or be successful for the next stage to begin.

During the Admission Process and until you are enrolled on the Course, you hold the status of an Applicant. Once you are enrolled on the Course, your status changes from an Applicant to a Learner.

On successful completion of the Course, your status changes from Learner to Alumni.  

Further information about the Admission Process, the applicable deadlines and cohort start dates and deadlines can be found on our website at https://capslock.ac/the-course.

Section C: Ending your enrolment and/or cancelling your Agreement with CAPSLOCK

C1. Cancelling your Agreement

Your Agreement with CAPSLOCK begins when you confirm your Tuition Fee Arrangement to study with us.

You have the statutory right to cancel this Agreement with CAPSLOCK within 14 calendar days of the date you confirmed your Tuition Fee Arrangement. This is known as a 'Cooling Off Period'.

You do not need to give us any reasons for cancelling the Agreement. This statutory right is available to you under the UK's Consumer Contracts (Information, Cancellation and Additional Charge) Regulations 2013.

Cancellation of this Agreement occurs when you cancel your place on the Course, or if CAPSLOCK cancels this Agreement for one of the reasons listed in Section C7 below ("Cancellation"). This section covers the refunds that are available to you on cancellation of the Course in the circumstances specified below.

You may have other rights to withdraw from the Course and cancel the Agreement with CAPSLOCK outside the Cooling Off Period. These rights and details on how you can exercise them are set out in Section C4 of these Terms and Conditions.

Please note that if this Agreement is cancelled for any reason and your Tuition Fee is being funded by a Finance Partner you will be entirely responsible for informing the Finance Partner that the Agreement with CAPSLOCK has been cancelled. You will subsequently be held responsible for all liability with the Finance Partner.

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C2. How to exercise your right to cancel within the Cooling Off Period

To exercise your right to cancel your place on the Course and cancel the Agreement within the Cooling Off Period, you must inform us by making a clear statement that you wish to cancel. You can let us know that you wish to cancel during the Cooling Off Period by sending an email to admissions@capslock.ac.

The date on which we receive your request to cancel your Agreement with us will be the date of cancellation of your Agreement.

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C3. Refunds during the Cooling Off Period

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C4. Refunds where you wish to cancel outside the Cooling Off Period

Once the Cooling Off Period has expired, we reserve the right to charge a reasonable and proportionate sum on your cancellation of the Agreement.  However, we agree to limit your Tuition Fee liability depending on the cancellation date. The table below sets out your maximum Tuition Fee liability on cancellation.

Please note that if your Tuition Fee is being funded by a Finance Partner or the Department for Education, the agreement that you have with them supersedes our refund policy as set out in the table above. Please ensure that you read your finance documents carefully as they may include provisions which affect payments that you are required to make even if you cancel the Course.

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C5. How refunds will be made if you cancel

If we need to refund any payments of the Tuition Fee and/or any deposit that have been paid directly to us, we will do so by refunding the sum directly to the original source of payment. The sum that is due will be refunded within 14 days.

If any portion of the Tuition Fee is funded by a Finance Partner, you must inform them of the cancellation as soon as possible. CAPSLOCK will approve any necessary adjustments with the Finance Partner.

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C6. Consequences of cancellation

If you cancel your Agreement with CAPSLOCK or your Agreement is terminated pursuant to Section C7 below, you will no longer have access to the Learning Materials and you will not be able to participate on the Course.

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C7. Termination of this Agreement by CAPSLOCK

CAPSLOCK reserves the right to refuse or withdraw an offer to enrol and/ or terminate this Agreement during your enrolment on the Course for any of the following reasons:

a)     If you have not met the eligibility criteria for the Course;

b)    If you are found to have committed gross misconduct or are found guilty of a serious criminal offence;

c)    If we become aware of information about you or your conduct which we did not know and which in our reasonable opinion makes it inappropriate for you to study on the Course and/or be enrolled as a Learner;

d)    If you have, in our reasonable opinion, provided us with information which is inaccurate, incomplete and/or misleading;

e)    If it is discovered that pre-course work has not been completed or, in our reasonable opinion, we believe that it was not completed by you;

f)      If you fail to comply with any of the obligations set out in the Learner Agreement;

g)    If the running or continuation of the Course becomes unviable or practically impossible for CAPSLOCK.

A decision of CAPSLOCK to refuse, withdraw and/or terminate the Agreement means that you will be required to cease studying the Course with immediate effect.

Section D: Agreement to pay the Tuition Fee

D1. Payment of the Tuition Fee

When you confirm your Tuition Fee Arrangement during the Admission Process, you agree that you will pay the Tuition Fee.

Please note that CAPSLOCK is not responsible if you have been declined for finance from any third-party provider. Additionally, CAPSLOCK cannot advise or promote a specific third party over any other provider. Should you need advice in respect of your finance options, please contact the providers directly.

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D2. Failure to pay the Tuition Fee

If your Tuition Fee Arrangement is not confirmed prior to the cohort start date, in line with our tuition deadlines, you will be unable to enrol on that cohort. We refer you to your conditional offer of enrolment in respect of cohort start dates and our tuition deadlines.

Section E: Changes to the Agreement

E1: Changes to the Terms and Conditions

It may be necessary for CAPSLOCK to make changes to the Terms and Conditions and/or the Related Documentation. In such a case, we will act reasonably at all times and notify Applicants and Learners of any changes to the Agreement as soon as reasonably practicable.

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E2: Changes to the Course

The Course is designed to prepare you for the workplace and we endeavour to keep our curriculum up to date with the latest industry requirements. Therefore, in some cases, it may be necessary for us to make changes to the Course without warning.

Changes that may be required include (but are not limited to)the following:

• reasonable changes to the content, structure and/or syllabus of the Course;
• changes to the start and end dates of the Course;
• changes to the method of educational delivery of the Course.

We will notify you in writing, prior to making any change to the Course, if we reasonably believe such changes would result in you receiving a substantially different Course or service from us to what you agreed when you confirmed your Tuition Fee Arrangement.

Section F: Communication

You will provide us with a valid email address and mobile phone number during the Admission Process which we will use for all our admissions correspondence to you. It is your responsibility to check your email regularly and to ensure that you use this email address for all communications with us throughout the admissions process so that we can clearly identify you.

You must inform us of any changes to your email address as soon as possible by contacting CAPSLOCK via admissions@capslock.ac.

We may also make contact with you via SMS.

If you wish to contact us, you may do so via email at admissions@capslock.ac.

However, if you have a disability, are neurodiverse, or have extenuating or individual circumstances, and would prefer to speak to us via video call, you can request this by emailing admissions@capslock.ac.

We do not permit admissions-related communications between you and CAPSLOCK and/or our staff outside of the aforementioned approved channels.

Section G: Liability  

G1. Our liability to you  

Nothing in this Agreement shall limit or exclude CAPSLOCK's liability for death or personal injury arising from our own negligence, or for fraud or fraudulent misrepresentation.

We will be liable to you for loss or damage you suffer that is a foreseeable result of our breach of this Agreement or if we fail to carryout our obligations under this Agreement to a reasonable standard.

We will not be liable to you or responsible for any failure or issue that is attributable to you or a third party that is not within our control. We will not be liable for loss or damage which were not foreseeable. Losses are foreseeable if they were an obvious consequence of our breach of this Agreement or if they were contemplated by you and us at the time we entered into this Agreement.

We shall not be held responsible for any injury to you(financial or otherwise), or for any damage to your property, by any person who is not an employee or authorised representative of CAPSLOCK.

Our liability to you for all loss or damage suffered by you shall be limited to the Tuition Fee that you paid.

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G2. Events outside our control

We shall not be liable to you for events outside our control which we could not have foreseen or prevented, even if we had taken reasonable care. These events include, but are not limited to:

• staff illness;
• cyber-attacks;
• strikes or other industrial action;
• natural disaster;
• war (whether declared or not);
• restrictions imposed by government or public authorities;
• Internet outages or loss of power;
• epidemic or pandemic.

Should any such circumstances arise, we reserve the right to make changes to the Course pursuant to Section E above. We will take reasonable and proportionate steps to mitigate any adverse impact on you.

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G3. Third party content

CAPSLOCK uses content, products and services from third parties (for example Try Hack Me, Immersive Labs, YouTube, Student Finance, Lendwise and Knoma).

CAPSLOCK is not responsible for the accessibility or content of the third-party products and services and will not be responsible for any loss, costs or damages incurred due to your access to or use of the third-party content, products or services.

Section H: Intellectual property

H1. Copyright

All the copyright in our Learning Materials is held by CAPSLOCK. You are free to make use of the Learning Materials provided to you only for your own educational (and non-commercial) use whilst on the course. We therefore do not permit you to carry out the following acts:

a)     Using the Learning Materials for commercial gain in any way (including re-selling etc);

b)    Copying, downloading, reproducing or modifying any of the Learning Materials in any way.

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H2. Our Brand

We are proud of the reputation that we have for our educational services and we will take action against anyone falsely implying association with CAPSLOCK through the use of our name and/or logo. We also maintain strict control over how and when our branding (including our domain name) is used by others.

We do not permit you to use or share in any manner, CAPSLOCK's brands, assets or Learning Materials without our express written permission. Sharing any of our intellectual property (for example on social media) may only take place with written consent from CAPSLOCK.

Section I: Data protection and disclosure of personal information

By entering into this Agreement with us you acknowledge that CAPSLOCK will hold and process your personal data, including any sensitive personal data including, for example, criminal convictions.

We will hold and process your personal data in compliance with our obligations as a data controller under the General Data Protection Regulation ("GDPR") and Data Protection Act 2018 ("DPA").

We will not share your data with third parties unless we:

• have appropriate consent from you; or
• are under a statutory regulatory obligation to do so or are otherwise permitted to do so; or
• are complying with GDPR and/or DPA in doing so.

For further information about how we hold and process your personal data, please refer to our Privacy Policy located at https://capslock.ac/legal/privacy-policy.

Section J: Miscellaneous

This Agreement is personal between CAPSLOCK and you. You may not assign or transfer the Agreement to a third party. A person who is not party to this Agreement (such as a third party responsible for the payment of your Tuition Fee) does not have any rights under or in connection with this Agreement. We may transfer our rights and obligations under this Agreement to another organisation. We will provide you with advance notice should such a transfer be proposed.