Terms & Conditions
This agreement applies as between you, the user of this website and Care Academy , the owner of this website. You agreement to comply with and be bound by these Terms and Conditions when using our website.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Account: means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
Content: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
Facilities: means collectively any online facilities, tools, services or information that Care Academy makes available through the Website either now or in the future;
Services: means the services available to you through this Website, specifically use of the Care Academy proprietary e-learning platform;
Payment Information: means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
Premises: Means Our place(s) of business located at Care Academy, St. Joseph's Nursing and Residential Home, St. John's Road, Jersey, JE2 4XZ
System: means any online communications infrastructure that Care Academy makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
User / Users: means any third party that accesses the Website and is not employed by Care Academy and acting in the course of their employment;
Website: means the website that you are currently using (www.careacademy.je) and any sub-domains of this site (e.g. https://pbthub.mylearnworlds.com) unless expressly excluded by their own terms and conditions; and
We/Us/Our: means Care Academy, a company incorporated with the Registrar of Companies for Jersey with Company registration Number 32340.
2. Age Restrictions
You should only use this website independantly if you are over the age of 18. If you are under the age of 18, you should only use this website with the supervision of an Adult. Payment information must be provided by or with the permission of an Adult... Our Child Protection terms form part of our Terms and Conditions by this reference.
3. Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
4. Intellectual Property
- 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all content included on our website is the property of Care Academy. Unless uploaded by ssers, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Care Academy, our affiliates or other relevant third parties.
By continuing to use this website you acknowledge that such material is protected under copyright law.
- 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from our website unless we grant you written permission to do so.
5. Third Party Intellectual Property
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on our website, or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed under relevant legislation apply.
7. Links to Other Websites
Our website contains links to other sites.
We assume no responsibility for the content of such websites and do not accept liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on our website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to our website on other sites may do so only to the home page of the site www.careacademy.je without our prior permission.
To find out more please .
9. Use of Communications Facilities
- 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 9.1.3 You must not submit ontent that is intended to promote or incite violence;
- 9.1.4 It is advised that submissions are made in English, as we may be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of Care Academy or our affiliates; and
- 9.1.7 You must not use our system for unauthorised mass-communication such as "spam" or "junk mail".
- 9.2 You acknowledge that Care Academy reserves the right to monitor any and all communications made to us or using our system.
- 9.3 You acknowledge that Care Academy may retain copies of any and all communications made to us or using our system.
- 9.4 You acknowledge that any information you send to us through our system may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
- 10.1 In order to procure services on our website and to use certain other parts of the system, you are required to create an account which will contain certain personal details and payment information. The informaiton collect may vary based upon your use of the website. For example, we may not require payment information until you wish to make a purchase. By continuing to use this website you represent and warrant that:
- 10.1.1 All information you submit is accurate and truthful;
- 10.1.2 You have permission to submit payment information where permission may be required; and
- 10.1.3 You will keep this information accurate and up-to-date. Your creation of an account is further affirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your account details being shared by you. If you use a shared computer, it is recommended that you do not save your account details in your internet browser.
- 10.3 If you have reason to believe that your account details have been obtained by another person without consent, you should contact us immediately to suspend your account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your account.
11. Termination and Cancellation of Accounts
- 11.1 Either Care Academy or you may terminate your account. If we terminate your account, you will be notified by email and an explanation for the termination will be provided. We reserve the right to terminate an account without giving reasons.
- 11.2 If we terminate your account, any current or pending orders or payments on your sccount will be cancelled and provision of services will not commence.
12. Services, Pricing and Availability
- 12.1 Whilst every effort has been made to ensure that all general descriptions of services available from Care Academy correspond to the actual services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the services may vary depending on your individual requirements and circumstances. This does not exclude our liability for mistakes due to negligence on our part, and refers only to variations of the correct services, not different services altogether. Please refer to sub-Clause 13.8 for incorrect services.
- 12.2 Where appropriate, you may be required to select the required plan of services.
- 12.3 We neither represent nor warrant that such services will be available at all times and cannot necessarily confirm availability until confirming your order. Availability indications are not provided on our website.
- 12.4 All pricing information on the website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time, and as necessary.
- 12.5 In the event that prices are changed during the period between an order being placed for services and us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
- 12.6 All prices on our website do not include VAT. In accordance with HM Revenue & Customs VAT Notice 700/1 (February 2014) and supplements thereof, Care Academy is not yet liable for VAT and therefore not VAT registered and does not possess a VAT number.
13. Orders and Provision of Services
- 13.1 No part of our website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending to you an order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between Care Academy and you.
- 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the services begin and shall contain the following information:
- 13.2.1 Confirmation of the services ordered including full details of the main characteristics of those services;
- 13.2.2 Fully itemised pricing for the services ordered including, where appropriate, taxes, delivery and other additional charges;
- 13.2.3 Relevant times and dates for the provision of the services;
- 13.2.4 User credentials and relevant information for accessing those services.
- 13.3 If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- 13.4 Payment for the services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- 13.5 We aim to fulfill your order within 2-3 working days or if not, within a reasonable period following your order, unless there are exceptional circumstances. If we cannot fulfill your order within a reasonable period, we will inform you at the time you place the order by a note on the relevant web page or by contacting you directly after you place your order. Time is not of the essence of the contract, which means we will aim to fulfill your order within any agreed timescales but this is not an essential term of the contract and we will not be liable to you if we do not do so. If the services are to begin within 14 calendar days of our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
- 13.6 Care Academy shall use all our reasonable endeavours to provide the services with reasonable skill and care, commensurate with best trade practice.
- 13.7 In the event that services are provided that are not in conformity with your order and thus incorrect, you should contact us immediately to inform us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your order.
- 13.8 Care Academy provides support via our online support forum and/or phone. Care Academy makes any effort possible to respond to support requests within 3 working days, but we do not guarantee a particular response time.
14. Cancellation of Orders and Services
We want you to be completely satisfied with the products or services you order from Care Academy. If you need to speak to us about your order, then please .. You may cancel an order that we have accepted or cancel the contract. If any specific terms accompanying the service contain terms about cancelling the service, the cancellation policy in the specific terms will apply.
- 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Care Academy and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the services within this period and wish to cancel your order, please inform us immediately by .. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
- 14.2 As specified in sub-Clause 13.6, if the services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
- 14.2.1 If the services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the services are complete.
- 14.2.2 If you cancel the services after provision has begun but is not yet complete you will still be required to pay for the services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the services and the actual services already provided. Any sums that have already been paid for the services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform us that you wish to cancel.
To gain a refund on online courses/blended learning courses, the course must not be commenced in any way.
Refunds for RQF Awards/Certificates/Diplomas/standalone units will be the total amount of the course, less the registration fee which Care Academy was required to pay to the awarding body upon registering the learner for their qualification.
Refunds are not available for any examination fees which are paid at the time of booking for the following courses:
- Level 2 (RQF) Award in Conflict Management
- Level 2 (RQF) Award in Principles of Safe Handling and Administration of Medication
Further information about refunds for these names qualfications are available on their respective web pages. Information found on the qualifications respective web pages constitutes part of our Terms and Conditions.
- 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those services and may be subject to a minimum contract duration.
16. How We Use Your Personal Information (Data Protection)
- 16.1 All personal information that we may collect (including, but not limited to, your name and email address) will be collected, used and held in accordance with the provisions of the Data Protection (Jersey) Law 2018 and your rights under that law.
- 16.2 We may use your personal information to:
- 16.2.1 Provide our services to you;
- 16.2.2 Process your payment for the services; and
- 16.2.3 Inform you of new products and services available from us. You may request that we stop sending you this information at any time.
- 16.3 In certain circumstances (if, for example, you wish to purchase services on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection (Jersey) Law 2018, and should use and hold your personal information accordingly.
- 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
- 17.1 We make no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our service or services.
- 17.2 No part of our website is intended to constitute advice and the content of our website should not be relied upon when making any decisions or taking any action of any kind.
- 17.3 No part of our website is intended to constitute a contractual offer capable of acceptance.
- 17.4 Whilst we use reasonable endeavours to ensure that our website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
- 17.5 . Our Disclaimer forms part of our Terms and Conditions via this reference.
18. Changes to the Facilities and these Terms and Conditions
We reserve the right to change our website, its content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use our website following the changes. If we are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending, in addition to any orders placed by you in the future.
19. Availability of the Website
- 19.1 Our website is provided “as is” and on an “as available” basis. Care Academy uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that our website or facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- 20.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use our website and its content at your own risk.
- 20.2 Nothing in these Terms and Conditions excludes or restricts Care Academy's liability for death or personal injury resulting from any negligence or fraud on the part of Care Academy.
- 20.3 Nothing in these Terms and Conditions excludes or restricts Care Academy's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 20.4 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 these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Care Academy.
- 24.1 All notices / communications shall be given to us . Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 24.2 We may from time to time, send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
- 24.3 We use for our Newsletter. All learners who create an account with Care Academy will automatically be added to our MailChimp mailing list. As per 24.2, you can unsubscribe from this mailing list at any time. Should you choose to unsubscribe, your information will be removed from the MailChimp platform. This will not affect your ability to login and use the Care Academy online learning platform. The data collected and stored with MailChimp is for the express purpose of our Newsletter only. Your details will never be given to additional 3rd party companies, and you details will only be accessed by a member of Care Academy for the express purpose of sending out information through our newsletter. The data which is used on the MailChimp platform is depends on the information which you have allowed the Care Academy learning platform to store about you. However, as a maximum, the MailChimp platform will only store: Your first name (as given on sign up to this website); your surname (as given onsign up to this website); your email address used to login into this website; the date that you were added to the MailChimp mailing list. Normally, you will be added to the MailChimp mailing list within 24 hours of signing yourself up to this platform.
If you have any questions or queries about our Newsletter, please contact us and we will be happy to discuss further.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Care Academy shall be governed by and construed in accordance with Jersey Law, and Care Academy and you agree to submit to the exclusive jurisdiction of the Court of Jersey.
26. Courses delivered through Blended Learning
Some of our courses are delivered through blended learning. This means that part of the course is delivered online and then part is delivered off-line. The off-line part may be an assessment, or require you to complete self-led tasks.
Courses delivered which are on the Regulated Qualifications Framework require you to provide valid, photographic ID (for example: passport, driving license) when attending the face-to-face assessment. It is your repsonsibility to provide valid ID. Learners who do not provide valid ID will not be allowed to sit the assessment and any course fees will be forfeited. A learner will be required to re-book the whole course, which will incur the full course cost.
For courses which require you to complete self-led tasks; you are responsible for completing these tasks, and engaging with the Care Academy team if you require support. It is your responsibility to ensure that self-led tasks are completed and submitted to Care Academy by any required hand in dates and times.
If your manager/company/place of work pays for your course/subscription and enquires as to your status of a failed course, we reserve the right to inform your manager/company/place of work who paid for your course as to your status of the course, and any course content which has not been properly engaged with.