Terms & Conditions
Introduction
Please read these Terms and Conditions carefully before registering with the institute for, or purchasing, a course or programme, as your registration or purchase indicates to PHS that you agree to be bound by these Terms and Conditions. These Terms and Conditions should be read in conjunction with, and are in addition to, PHS College policies, including PHS Privacy and Cookies policies (the “Policies”).
We reserve the right to amend, cancel, suspend or modify any of the content and services supplied through the PHS College virtual learning environment (the learning platform) at any time with or without notice.
By registering or placing an order with PHS College, you promise that you are (1) legally capable of entering into binding contracts and (2) over the age of 18 years (as parents or guardian).
Your order of a course represents an offer to PHS’s online learning course.
Registration for, or purchase of, a course does not guarantee successful completion of the course. Completion of the course requires you to satisfy the standards set for the course.
PHS College reserves the right to withdraw you from the course if you breach any part of the General Terms and Conditions, or if you fail to meet the requirements and/or standards of the course, including any requirements relating to conduct.
PHS College may withdraw access to the Content or services set out in these Terms and Conditions if you breach any part of PHS’s set rules.
General
These Terms and Conditions govern the supply of all educational content, materials, resources and related services (‘the Content’) through the PHS College learning platform to all learning platform users (‘User’ or ‘Users’) howsoever they are accessing the Content.
All articles, information and other materials presented on the learning platform are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to PHS College.
PHS College grants each User a personal, non-transferable and non-exclusive right and licence to use the learning platform for their intended purpose subject to their compliance with these Terms and Conditions. This licence does not include the right to collect or use information contained on the learning platform for any purpose not specifically listed in these Terms and Conditions, to compete with PHS College, to create derivative works based on the content of the learning platform, or download or copy the learning platform (other than page caching). If a User uses the learning platform in a manner that exceeds the scope of this licence or in any way breaches these Terms and Conditions, may revoke PHS College the licence granted to any User under this Agreement.
PHS College undertakes to request, handle and store the User’s information in accordance with all applicable data protection legislation. Users undertake that all information provided by them under these Terms and Conditions is accurate, up-to-date and complete, this includes the permission to use the student’s photographs for the publicity of the College.
Users are prohibited from reproducing, copying, modifying, renting, leasing, loaning, selling, distributing, exploiting, extracting, creating derivative works of or otherwise communicating or making available to third parties any part of the content of the learning platform without PHS College’s prior written consent. By making use of the learning platform, Users are agreeing to comply with this prohibition and acknowledge that any breach thereof is likely to result in legal proceedings being issued against them. None of the above alters any rights granted directly to Users under the terms of a Creative Commons licence in respect of any particular content uploaded by Users, or alters any other rights Users may have where other licence terms are explicitly expressed to apply to content uploaded by Users.
Users are prohibited from using the learning platform to:
upload, post, email, PM (personal message) or otherwise transmit any content that:
the User does not have a right to transmit or that infringes the intellectual property rights of any party;
the User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise discriminatory;
amounts to unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or prohibited marketing content including (but not limited to) illicit marketing to children; and/or
contains software viruses or any other computer code, files or programs that (i) interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or (ii) negatively affect another User’s ability to access and use the Content;
impersonate any person or entity, including, but not limited to, a PHS staff member, a forum leader, guide or host, or misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the learning platform;
harm or attempt to harm minors in any way;
intentionally or unintentionally violate any applicable law or regulation;
collect or store personal data about other Users;
use data mining, robot, spider, scraping or similar automated data gathering, extraction or publication tools for any purpose;
post content which refers to individual schools, colleges or agencies – or their staff – whether by name, or identifiable by a pseudonym or any other means;
advertise any job vacancies in any area of PHS forums (other than through a website which is clearly designated as a recruitment service); and/or
breach any licence that has been granted to make use of any user-uploaded content.
PHS College may monitor the use of the Content and the learning platform, including any forums, for the purpose of ascertaining whether Users are complying with these terms and conditions. The User acknowledges that PHS Global generally does not pre-screen user-uploaded content posted via the learning platform, but that PHS College and people designated by it shall have the right (but not the obligation) to monitor communications that occur through, and posts made to, the learning platform forums and via any other part of the learning platform, as well as any user groups set up on Facebook or other social media sites. If PHS College determines, in its sole discretion, that a User has breached these Terms and Conditions or that any user-uploaded content, including but not limited to, posts to forums, is inappropriate or otherwise objectionable, PHS College may refuse to accept or may remove any user-uploaded content, including posts, from the learning platform, without any liability to the User or a third party.
PHS College shall make all reasonable efforts to ensure that the Content supplied via the learning platform is accurate. Some of the Content, for example but not limited to, website resources will be sourced from third parties, who are solely responsible for the accuracy of such content.
PHS College is not liable for loss or damage arising out of or in connection with use of the Content by the Users (except in case of death or personal injury solely and directly attributable to any negligent compilation or transcription by PHS College of the Content, unless this can be excluded under local law), in contract, tort, under statute or otherwise and whether or not arising out of any negligence on the part of PHS College in respect of any inadequacy of any kind whatsoever in the Content.
Content supplied under Tailored Programmes Agreements
If a User is accessing the Content as a result of a Tailored Programmes Agreement (an Agreement) between PHS College and the other party to such an Agreement (the Client) the Client is at all times responsible for ensuring that all Users covered by the Agreement comply with these Terms and Conditions.
Access to the Content is restricted to the Users identified as requiring access to the Content by the Client for the purposes of training and/or continuing professional development and to such other persons identified and authorised by the Client as requiring access to the Content in order to be able to fulfill their roles effectively. The Client will be required to maintain a register of all Users and will be responsible for notifying PHS College who requires access, the type of access and the level of access and for notifying PHS College of any changes or amendments required to access rights.
Access to the Content for Users who have been identified and authorised by the Client as requiring access to the Content in order to be able to fulfill their roles effectively (other Authorised Persons) is for the sole purpose of enabling them to monitor, assess, evaluate and review the Users’ progress and to enable them, where applicable, to support, develop, tutor, train and mentor the Users.
Post-course Access to the Content
Access to 11+ course materials will be provided for 12 months to 24 months (sometimes more) from date of purchase. For all other courses (GCSE) or programmes, users should refer to individual course documentation and/or PHS College website information for confirmation of the length of their individual course and any other programme-specific terms and conditions.
Access to content provided as part of a content licensing agreement with PHS College will cease with the termination of such an agreement.
Please note that the above CPD access limit does not apply to Users who started a course before the date of these revised terms and conditions. For the applicable access limit in that instance, please refer to the course documentation provided upon course enrollment.
Price, payment terms and refunds for the courses
The price of any courses will be as quoted on the PHS College website or provided to the User in writing by an authorised representative of PHS College. Unless otherwise stated, the price is inclusive of all charges and costs; however, the price excludes any costs the User incurs to access course content (including but not limited to laptops, tablets or e-readers and any data costs). Prices are liable to change at any time but changes will not affect existing contracts and orders which PHS has accepted in accordance with the process outlined above.
Payment can be made by a range of methods, including credit or debit card, via PayPal or in accordance with invoice instructions. PHS Global will deduct the appropriate amount from your credit or debit card, or extinguish the voucher when a User places an order for a CPD course.
For the agreed fee structure, each individual should pay the fee on a monthly basis, before the 7th day of each month, whether you are about to miss a class or may not attend. But, in some cases, another day will be advised to attend
All sales of CPD courses on the PHS College platform shall be final and no refunds will generally be available. Notwithstanding the foregoing policy, PHS College may grant refunds in certain circumstances at our sole discretion. If you wish to discuss a refund please contact the director.
In relation to all non-CPD programmes, please refer to individual programme information for the refunds policy which applies to that specific programme.
Acknowledgement
You have a right to cancel your contract with PHS College within 14 days from the date of purchase or within 14 days from the date of acceptance of an offer of a place on a PHS College programme. Please ask for any cancellation statement which can be emailed, if requested.
In completing and submitting an application form for any of our programmes, you declare that the information provided is accurate and that you have discussed and agreed the application with your school or education organisation if appropriate. You confirm that you understand that the offer of a place on the course may be withdrawn if any of the information provided is incorrect or misleading and that you may be required to pay any outstanding tuition fees. Also, you confirm that your child’s photographs can be used only for the promotion of the College and appreciating a child on their performance basis.
Your personal data
From time to time we will share the personal data we collect from you upon application with third parties involved in the recruitment process, delivery, management and quality assurance of your programme, e.g. our DBS company, Ofsted, external assessors, pathway tutors and partner schools/universities, including your school. This sharing of data is necessary to manage, deliver and quality assure your programme, including any application process, and to safeguard children. We will adhere to the principles of the General Data Protection Regulation and all applicable legislation, for instance ensuring that only relevant data is collected and shared. If you do not wish your data to be shared with 3rd parties, please contact us at info@phscollege.com
When you complete and submit an expression of interest form (or get advice form) for our learning content, courses or products and services you will be asked whether you give your consent to receiving further information regarding the specific programme, product or service. The information you provide will not be shared with any third party for the purpose of marketing. It may be used by PHS to provide you with personalised, user-specific information on the product you have enquired about as well as other relevant PHS products and services. You may unsubscribe from this service at any time. If you wish to be removed from the mailing list at any time, please contact us by email.