Terms and conditions
If you choose to enrol on a Digital Academy course, the following terms and conditions will represent a binding agreement.
These terms tell you who we are, how we will provide the course to you, how we amend or end this contract, information regarding payment of fees and other important information.
- 1.1. This document represents the terms and conditions on which we, the Tavistock and Portman NHS Foundation Trust, provide services to you, the delegate, in the form of Digital Academy programmes of study, including Masterclasses, Mini Courses and Short Courses, hereafter referred to as courses. For Digital Academy Trust Certificates, please refer to the Terms and Conditions of Study for your academic year of entry found here: https://tavistockandportman.nhs.uk/training/prospective-students/fees-and-funding/fee-regulations/
- 1.2. You must read these terms carefully before you accept a place on a course at the Tavistock and Portman NHS Foundation Trust.
- 1.3. Enrolment on a course at the Trust constitutes a binding agreement to comply with these terms and conditions.
- 1.4. Please ensure you keep a copy of this contract for your records.
2. INFORMATION ABOUT US AND OUR CONTACT INFORMATION
- 2.1. We are the Tavistock and Portman NHS Foundation Trust (“the Trust”).
- 2.2. You can contact us by emailing firstname.lastname@example.org or by post at: Digital Academy, Directorate of Education and Training, Tavistock Centre, 120 Belsize Lane, London NW3 5BA.
- 2.3. We may contact you by telephone, email and in writing at the addresses you have provided to us. We may also contact you through the MyTAP system or via Moodle.
- 2.4. ‘In writing’ includes email and contact made through MyTAP or Moodle. Any communication sent to you by the Trust using the email address you have provided will be regarded as properly sent and received by you.
- 2.5. Some of our courses may have professional body accreditation. Where this is the case, the accrediting body will be identified in our online and printed publicity as well as course handbooks and specifications.
- 3.1. DET: Is the Directorate of Education and Training, within the Trust.
- 3.2. Masterclass: a one hour livestreamed event registered through the Digital Academy website.
- 3.3. Mini Course: a five-learning-hour self-directed short course registered through the Digital Academy website.
- 3.4. Short Course: a twenty-learning-hour short course registered through the Digital Academy website.
- 3.5. CEDU: Is the Continuing Education and Development Unit, within the Department of Education and Training. CEDU is responsible for the management and delivery of training activities including CPD and short courses, events and conferences.
- 3.6. MyTAP: Is the Trust’s online delegate portal and application system.
- 3.7. Moodle: Is the Trust’s online platform for providing specific course information and course forums and, where relevant, submission of assignments.
- 3.8. VLE: Is the Trust’s Virtual Learning Environment, Moodle.
- 3.9. Academic Year: Refers to the period of the year during which a delegate attends an event or programme of study. This is usually reckoned from the beginning of the autumn term to the end of the summer term.
- 3.10. Course Administrator: Is the person responsible for the administration of your course and your point of contact for its duration.
4. YOUR STATUTORY CANCELLATION RIGHTS
- 4.1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your contract with the Trust for up to 14 days from the day after you have enrolled on a course with us.
- 4.2. All cancellations must be made in writing either by emailing email@example.com.
- 4.3. If you cancel this contract as set out above, the Trust will reimburse to you all payments received from you. The Trust will make the reimbursement without undue delay, and not later than 14 days after the day on which it is informed about your decision to cancel this contract.
- 4.4. If the course starts before the end of this cancellation period and you attend the course within the cancellation period, you agree that the Trust are supplying services to you with your agreement before the end of the cancellation period. If you subsequently decide to cancel the contract within the cancellation period, you may be liable to pay a proportion of course fees to cover the period from the commencement of the Trust’s service to you to the date of cancellation.
- 5.1. If a delegate provides the Trust with incorrect or fraudulent information in their application the Trust reserves the right to cancel this contract and the delegate’s registration whenever we become aware of this. In such circumstances, the delegate will be liable for tuition fees for their period of study, in accordance with section 14 (Refunds and Charges).
- 5.2. All applications should be made through the Trust’s online portal and application system, MyTAP.
6. LATE APPLICATIONS
- 6.1. In some circumstances a delegate may be allowed to join a course after its official start date. This must be agreed by the Course Lead and is fully at their discretion.
- 6.2. Delegates will be required to pay the full fee in such circumstances.
7. CHANGES TO PERSONAL DETAILS
- 7.1. Delegates must notify the Trust of any change(s) in their circumstances including (but not limited to) change in address, change in email address and contact number and, if sponsored, change in employer contact number and address; this should be completed by contacting firstname.lastname@example.org.
- 7.2. Changes to a name cannot be made without approval by Student Registry and delegates making such changes should contact them to make arrangements.
8. PERSONAL DATA AND DATA SHARING
- 8.1. All of the personal information obtained from you and others in connection with your studies at the Trust will be held in secure conditions and will be used by the Trust during your course and after you leave the Trust for a variety of purposes including the administration of all academic records, student and welfare support services and the operation of the Trust’s policies and procedures.
- 8.2. The Trust is under an obligation to provide delegate data to various external organisations. such information will only be released in accordance with our Privacy Notice (https://tavistockandportman.nhs.uk/about-us/contact-us/about-this-website/your-privacy/), and under the terms of the Data Protection Act/GDPR.
- 8.3. For delegates on NHS-funded or employer-sponsored programmes or learning activities, the Trust, where required, will provide information on attendance, progression and performance to Health Education England (HEE), and/or professional or regulatory bodies as appropriate. This information will also be provided to other sponsors on request.
- 8.4. For delegates completing a course of study that is accredited by or delivered in collaboration with an external body such as the British Psychoanalytic Council (BPC), Association of Family Therapists (AFT) Association of Child Psychotherapists (ACP), Health and Care Professions Council (HCPC) or any other body specific to the course of study, the name and contact details of the qualifying delegates will be shared with these organisations to enable the accreditation or registration of membership to be made by those external bodies. Where concerns are raised or proven regarding issues around patient safety or professional suitability, we may share information with placement providers, employers or professional bodies in accordance with published Trust procedures.
- 8.5. The Trust may record lectures and other teaching events, so that recordings can be made available to delegates for teaching purposes. The recordings may include comments made by delegates.
- 8.6. The Trust may contact alumni, once they have completed their studies, in order to share information which may be of interest, or for philanthropic support. Alumni will be given information on how to opt in or out of future communications.
9. DIGITAL ACADEMY COURSES: CONTENT, ACCESS, SHARING AND REPRODUCTION
- 9.1. Without prejudice to paragraph 9.3, you agree that you will not record, reproduce, download, modify, re-publish, sub-license, sell, share, broadcast, transmit, make available, disseminate or distribute in any way any of the content provided as a part of your Digital Academy Course.
- 9.2. Without prejudice to paragraph 9.4, you further agree not to record, reproduce, download, modify, re-publish, sub-license, sell, share, broadcast, transmit, make available, disseminate or distribute in any way any content created or uploaded by other students as available on the VLE.
- 9.3. You may download and use Digital Academy Course materials where available, for your own personal, non-commercial use only.
- 9.4. You acknowledge that due to the interactive nature of the Digital Academy Courses, at times it may be appropriate for you and other students to reproduce, download, modify, adapt and/or re-publish other students’ material uploaded onto the VLE in relation to the Digital Academy Course and you agree that other students may do this in relation to content that you upload.
- 9.5. When you upload material to the VLE as part of your Digital Academy Course, you confirm that you are entitled to upload this material for this purpose and that this will not in any way infringe any other person’s rights.
- 9.6. You will not upload or share with other students or tutors any material which is unlawful or unsuitable according to societal norms in the United Kingdom or our policies. This includes uploading of material that is false, obscene, sexist, racist, homophobic, defamatory, illegal, abusive, threatening, extremist, destructive (like malware, viruses, bugs, etc.) or otherwise discriminatory, offensive, disruptive or objectionable to others.
- 9.7. You agree that the Trust shall be under no obligation to monitor, screen or censor any of the content that you or any third-party upload to the VLE. To the fullest extent permitted by law, the Trust accepts no responsibility for any such content.
- 9.8. The Trust reserves the right to suspend access to the VLE or remove any material you upload or share with other students or tutors in breach of these Terms.
- 9.9. By uploading material to the VLE, you give the Trust the right to use the material in any part of our courses and to include your material in our own online and print material for promotional purposes. If you do not wish to give the Trust the right to use your uploaded material you must notify us in writing by emailing email@example.com prior to the commencement of the course.
- 9.11. Online Short Courses regularly makes use of third-party service providers like Google, Facebook, Twitter, YouTube, Vimeo etc. some of which might be blocked in some countries. You acknowledge that it is your sole responsibility to ensure you are able to access the content of Digital Academy Courses including content on third-party service providers. If you require further advice as to what service providers will be used on any Digital Academy Course, please contact firstname.lastname@example.org.
- 9.12. The Trust is not responsible for the location, hardware and infrastructure you choose to access VLE from and as such it is your responsibility to comply with any necessary health and safety regulations that apply.
10. DELEGATES WITH DISABILITIES
- 10.1. The Trust is committed to providing an inclusive and accessible environment, and strives to make reasonable adjustments to accommodate individual needs. All courses are offered conditional upon the Trust being able to implement the specific adjustments reasonably needed for you to complete your course. The Trust is more likely to be able to implement such adjustments in a prompt and timely fashion if you notify of any disability when booking and you engage in any necessary discussions or health assessments as required by the Trust.
11. COURSE FEES
- 11.1. The Trust will review and set fees each year and reserves the right to make amendments to them. Fees will not be amended once a delegate has registered and paid for a place on a course. Fees quoted are in pounds sterling and no VAT is charged.
- 11.2. SELF FUNDED DELEGATES
- 11.2.1. Delegates must pay their fees in full at the point of making the application (unless sponsored, please see Section 10.3 below).
- 11.2.2. Fees can be paid using all major credit and debit cards or BACS transfer (at request). The Trust is not able to accept cheque payments.
- 11.2.3. Instalment payment plans are not accepted for Masterclasses, Mini Courses or Short Courses.
- 11.2.4. Should delegates wish to withdraw from their course, any refund will only be made in accordance with either Statutory Cancellation Rights (Section 4) or Refunds and Charges (Section 14).
- 11.3. SPONSORED DELEGATES
- 11.3.1. If a delegate is sponsored by their employer or another organisation, they must provide the details of who will be paying their fees during the application process. Proof of funding, for example a purchase order or letter on organisation headed paper from the budget holder with details of who to invoice, will need to be uploaded as part of the application process.
- 11.3.2. An invoice will be sent directly to the sponsoring organisation and payment is due in full within 30 days of the invoice date.
- 11.3.3. Sponsoring organisations are not able to make payments in instalments.
- 11.3.4. Once the sponsor fee has been set up, any subsequent changes to the organisation of fee payments will need to be made directly between the delegate and sponsor themselves.
- 11.4. By agreeing to these terms, delegates are entering into a financial contract with the Tavistock and Portman NHS Foundation Trust and are accepting responsibility for paying course fees.
- 11.5. Where a representative of an organisation books place(s) on a course on behalf of a delegate, they declare that they have the authority of their organisation to agree to these terms and enter into a financial contract with the Tavistock and Portman NHS Trust.
12. CHANGES TO OR CANCELLATION OF SCHEDULED PROGRAMMES
- 12.1. The Trust will make every reasonable effort to deliver courses and training as described on its website and other course documentation. There may be occasions when we are unable to do so, for reasons beyond our control. Such circumstances may include, for example, industrial action at the Trust or at third parties, unavailability of key staff, lower or higher demand from delegates, UK government policy changes, severe weather, fire, terrorist attack, epidemic or pandemic, or failure of public transport.
- 12.2. The Trust may need to alter or cancel scheduled and published courses if it is considered reasonable and necessary. Circumstances in which we may alter or cancel a course might include, but would not be limited to:
- Insufficient number of delegates to run the course
- Unforeseen unavailability of key teaching staff
- 12.3. Decisions to cancel or fundamentally alter a course will be taken before the start of the course and delegates will be notified as soon as practically possible.
- 12.4. Where the Trust is unable to deliver a scheduled and/or published course, it will use its best endeavours to provide alternative provision.
- 12.5. If a course is cancelled and no suitable alternative can be provided, delegates will be offered a full refund or transfer to an alternative course, but no other costs will be refunded. No liability will be accepted for any other expenses incurred by delegates. It is the delegate’s responsibility to ensure flexible rates are booked.
- 12.6. The Trust will use all reasonable endeavours to deliver the course in accordance with the description applied to it on its website and other course documentation. However, the Trust will be entitled to make reasonable changes to the course where that will enable the Trust to deliver a better quality of educational experience to delegates enrolled on the course, or where changes are required by an accrediting professional body.
- 12.7. In such circumstances, the Trust will take all reasonable steps to minimise the resulting disruption to its services and to affected delegates, by, for example, offering affected delegates the chance to reschedule, move to an alternative course, or by delivering a modified version of the same course, but to the full extent that is possible under the general law the Trust will not be liable for any loss and/or damage arising from matters outside of the Trust’s control which could not have been foreseen or prevented.
13. DEFERRING A PLACE
- 13.1. Any delegate wishing to defer their place on a course to a later date, or transfer fees paid to a different programme should contact their Course Administrator via email@example.com to discuss options.
- 13.2. Deferrals can only be considered if requests are made more than 14 days before the start of the course.
- 13.3. A delegate can only defer their place on one occasion and must take up their place within 12 months of the original course date. Payment will not be refunded if a delegate does not take up their place on the deferred course.
14. REFUNDS AND CHARGES
- 14.1. Unless made within the statutory cancellation period (see section 4), all cancellations are subject to an administration charge of 25% of the course fee.
- 14.2. All cancellations must be confirmed in writing to firstname.lastname@example.org.
- 14.3. Cancellations charges:
- Cancellations made up to 28 days prior to the course start date: 25% of course fee is payable
- Cancellations made up to 15 to 27 days: 50%
- Cancellations made up to 14 days or less: 100%
- Non-attendance charge: 100%
- 14.4. If a delegate is unable to attend, there is no charge to replace the original participant with a substitute. Please inform the Course Administrator in writing by emailing email@example.com of any changes to the original booking.
- 14.5. REFUND METHODS
- 14.5.1. Payment by credit or debit card and cancelled within 180 days of the original payment: Refund will be made to the credit or debit card from which original payment was made.
- 14.5.2. Payment by credit card and cancelled after 180 days of the original payment: Refund will be made by BACs.
- 14.5.3. Payment by BACS: Refund will be made by BACS.
15. RECOVERY OF UNPAID FEES
- 15.1. The Trust will take all steps to recover fees that are due and unpaid. They may:
- record debtors on Trust databases and on your MyTAP portal
- pass details and information regarding debts to a debt collection agency
- withhold certificates
- decline further course bookings with the Trust until the debt is settled
- 16.1. All delegates are entitled to make a complaint if they are dissatisfied with their course or any areas related to it.
- 16.2. Complaints will be managed in line with the Student Complaints Procedure which can be accessed here https://tavistockandportman.nhs.uk/training/current-students/student-support/support-and-complaints/
- 16.3. Formal complaints should be made on the DET Student complaints form which can be accessed here https://quality.tavistockandportman.nhs.uk/ComplaintDETForm.aspx
17. TRUST POLICIES AND PROCEDURES
- 17.1. Delegates on all courses are required to comply with all Trust policies and procedures which can be found on the Trust website: https://tavistockandportman.nhs.uk/training/current-students/student-regulations/
- 17.2. Key provisions of the policies and procedures of which delegates should be aware include:
- the Trust’s expectations as regards student behaviour, attendance, academic diligence and the requirements of your course. Failure to meet these expectations may mean that you are not permitted to progress on your course or that you are not entitled to receive your certificate.
- 17.3. The Trust reserves the right to add to, delete or make reasonable changes to the policies and procedures and/or these terms and conditions where in its opinion this will assist in the proper delivery of education. Changes are usually made for one or more of the following reasons:
- to review and update the policies and procedures and/or terms and conditions to ensure they are fit for purpose;
- to reflect changes in the external environment, including legal or regulatory changes, changes to funding or financial arrangements or changes to government policy, requirements or guidance;
- to incorporate sector guidance or best practice;
- to incorporate feedback from delegates; and/or
- to aid clarity or consistency of approach.
- 17.4. The updated policies and procedures will be made available on the Trust’s website and may be publicised by other means so that delegates are made aware of any changes.
- 17.5. Delegates may gain access to confidential information during their programme of study including, in particular, information relating to the diagnosis and treatment of patients. The Trust’s policy on the confidentiality of patient information is a cornerstone of professional practice. Staff, trainees and delegates are required to comply strictly with this policy and failure to do so may result in action under the Trust’s student disciplinary policy and/or the professional suitability policy. The maintenance of confidentiality is also a requirement of course work discussion groups, seminars, delegate presentations and all learning activities. This includes work submitted for formal assessment which must ensure that references to individuals and institutions are fully anonymised.
- 17.6. Delegates may not make recordings of any Trust lecture, seminar or other teaching event, except where expressly agreed in advance with the course team and other delegates. If intending to make a recording, a delegate should check first with the presenter and must not distribute the recording to others. Delegates should read the Student Disability Policy and Procedure for more information on making recordings during teaching.
- 17.7. All Trust IT systems and services as well as the online learning platforms must be used appropriately at all times. Information created, distributed, or stored on Trust premises and cloud services is Trust property and should be used for authorised purposes only. Delegate use of the Trust IT and online systems will be monitored and all delegates are expected to adhere to Trust policy. All delegates are required to use only suitably encrypted media or their private file space in Moodle to store confidential course material.
- 17.8. The Trust is fully committed to equal opportunities in its practice and teaching. The Trust aims to promote a productive and harmonious learning environment where delegates are valued, everybody is treated with respect and dignity and in which no form of intimidation or harassment will be tolerated.
- 17.9. The Trust operates a strict no-smoking policy in Trust buildings and grounds.
- 17.10. The Trust has an obligation under the Health and Safety at Work Act 1974 to provide a safe and healthy workplace for staff and delegates. Delegates are expected to co-operate with the Trust in discharging its duties and responsibilities under the Act. Delegates are under an obligation to take reasonable care for their own health and safety and for taking good care of all of their personal possessions whilst on Trust premises.
18. INTELLECTUAL PROPERTY
- 18.1. The ownership of Intellectual Property created during a delegate’s studies at the Trust will rest with the delegate.
- 19.1. Delegates are required to use photocopying and other reproduction facilities within the law, including any copyright restrictions on learning materials.
20. BINDING CONTRACT
- 20.1. This contract is subject to English law, and the exclusive jurisdiction of the English courts. Any wording in any provision of the contract shall be severable and may be removed by the courts in the event it is are unfair or unreasonable or otherwise is not permitted under English law, but the remaining wording and provisions shall remain in place in the contract.
- 20.2. The Trust’s contract with its delegates does not confer third party benefits for the purposes of the Contract (Rights of Third Parties) Act 1999.