These are the terms and conditions on which Leeds Trinity University (“we” or “us”) supply services to you.
Our contract with you is made up of the following:
1. these Terms and Conditions;
2. the Offer Letter; and
3. our codes, regulations, policies and procedures referred to in this document.
Together these documents set out our respective rights and obligations.
Please ensure that you read these terms carefully before you accept our offer detailed in the Offer Letter (see clause 2.1 about how you can accept our offer) sent to you. If you think that there is a mistake or if you have any questions about our offer, please contact us to discuss before you accept our offer at firstname.lastname@example.org.
Your attention is particularly drawn to clauses 6, 8, 9 and 10 which include important information about our rights to vary our Contract with you (including the Services (as defined below) provided under the Contract), our liability to you and our rights to terminate the Contract with you.
1. ABOUT US
Leeds Trinity University is a company limited by guarantee and a registered charity with Company No 6305220. Our registered place of business is at Brownberrie Lane, Horsforth, Leeds, West Yorkshire, LS18 5HD (the "University").
2. OUR CONTRACT WITH YOU
The Offer Letter
2.1 We will issue you with an offer letter which details our offer of a place on a course to study with us (the "Offer Letter"). The Offer Letter will provide you with important information about:
2.1.1 the course, tuition, assessment and other related services we will provide to you (the "Services");
2.1.2 details about any fees payable by you for the duration of the course (the "Tuition Fees");
2.1.3 details of any other additional costs which you may need to pay in connection with your course (for example fees for field trips or other activities which you will be required to undertake as part of your course) (the "Additional Fees") (collectively the Tuition Fees and Additional Fees shall be referred to in these Terms and Conditions as the "Fees");
2.1.4 the duration of the Contract; and
2.1.5 details of any conditions that will apply to your Contract, if any (see clause 2.2).
Conditions with which you will need to comply
2.2 Our Offer Letter may also contain specific requirements for admission onto and your continued registration on the course. If you fail to meet or fail to maintain compliance with the requirements prescribed in the Offer Letter we may terminate this Contract as set out in clause 10.
2.3 You must provide us, when requested, with satisfactory evidence of your qualifications including English language qualifications if required and original transcripts or certificates or a clear and legible copy authenticated by the issuing organisation.
2.4 We will provide you with details of criminal conviction disclosure requirements within the Offer Letter (including any requirements to undergo Disclosure and Barring Service checks) which you must comply with. It is your responsibility to maintain compliance with these requirements for the duration of the Contract.
2.5 If your first language is not English, the offer may also be conditional upon you passing an English language test approved by the University. Details will be set out in our Offer Letter. Find out more about English language requirements from the following website: http://www.leedstrinity.ac.uk/international/how-to-apply
2.6 It is your responsibility to ensure that all information you provide to us is true, accurate and complete and not misleading and remains true, accurate and complete and not misleading for the duration of your Contract. Please note that if we become aware that information you provide to us at any time is not true, accurate and/or complete, and/or is misleading, or at any point becomes untrue, inaccurate and/or incomplete, and/or misleading we may terminate our Contract with you in accordance with clause 10.
How to accept our offer
2.7 Your Contract with us will become binding on you and us when you accept the terms and conditions referred to in the Offer Letter, following the instructions for acceptance set out in our Offer Letter within the time period specified in the Offer Letter. You must ensure you accept the offer within the time period specified in the Offer Letter as, if you fail to do so, the offer may be withdrawn.
2.8 The contract between you and us includes the following:
2.8.1 these Terms and Conditions;
2.8.2 the Offer Letter; and
2.8.3 our codes, regulations, policies and procedures referred to in this document (you can find a list of these codes, regulations, policies and procedures at Appendix 2 of these Terms and Conditions).
3. YOUR LEGAL RIGHT TO CANCEL THE CONTRACT
3.1 You have a legal right to cancel the Contract (unless you are studying an apprenticeship in which case the contract is held with your employer, and you should notify them if you wish to withdraw from the programme) without giving any reason at any time within 14 days of you accepting our offer in accordance with the instructions provided in the Offer Letter (the "Cancellation Period").
3.2 If you wish to cancel the Contract during the Cancellation Period then you must notify us by either sending to us the cancellation form at Appendix 1 of these Terms and Conditions or by making any other clear statement to us stating your decision to cancel the Contract. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cancellation Period has expired. Subject to clause 3.3, if you cancel the Contract within the Cancellation Period we will refund to you any Fees which you have paid to us as soon as possible, and in any event within 14 days of you notifying us of your wish to cancel the Contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, and you will not incur any fees as a result of the reimbursement.
3.3 We may start to provide you with the Services before the end of the Cancellation Period if you request us to do so, for example if you are only applying to us very soon before your course is due to start. This will not prevent you from cancelling the Contract during the Cancellation Period. However, if you decide to cancel the Contract once we have started to provide Services to you, then we will be entitled to deduct from any refund a fair amount to reflect the Services you will actually have received until you notified us of your wish to cancel.
4. YOUR OBLIGATIONS
4.1 You are required to:
4.1.1 comply with the terms and conditions of the Contract;
4.1.2 keep all information provided to us up to date and notify us promptly of any changes in your information;
4.1.3 meet any conditions set out in your Offer Letter and continue to satisfy these conditions (where relevant) throughout the duration of the Contract;
4.1.4 pay all Fees when due (apprentices’ fees are covered by the employer’s levy or direct payment from the employer);
4.1.5 comply with all codes, regulations, policies and procedures as amended from time to time (links to these are provided at Appendix 2 of these Terms and Conditions); and
4.1.6 register with us before the start of your course and, subject to you meeting the requirements for the following year of the course, re-register with us each academic year.
5. OUR OBLIGATIONS
5.1 We will:
5.1.1 provide the Services to you with reasonable care and skill;
5.1.2 make an award to you where you have met all requirements under the Contract; and
5.1.3 notify you of any changes to the Contract as soon as reasonably practicable.
6. OUR RIGHT TO MAKE CHANGES TO THE CONTRACT AND SERVICES
6.1 We will make all reasonable efforts to deliver the Services and other services and facilities described in any published material.
6.2 Whilst we will always try and minimise making changes to the Contract (including to our Services), there may be times where changes are needed.
6.3 This clause describes the circumstances when we can make changes, as well as providing you with further information about what we will do where we look to make such changes. This includes changes that might be made in relation to the discontinuance of a course, or the changing of a course’s location.
CHANGES MADE BEFORE YOU ENTER INTO A CONTRACT WITH US
6.4 If by the time we send out your Offer Letter there is any change in the information that we may have given to you at the time you were researching the University/the Services and making an application for a course, we will endeavour to highlight details of those changes in the Offer Letter. A non-exhaustive list of reasons why we may need to make changes is set out at clause 6.9 below.
6.5 By accepting an offer, you will be confirming that you are accepting our offer on the basis of the changes documented in the Offer Letter.
CHANGES MADE AFTER YOU HAVE ENTERED INTO A CONTRACT WITH US
6.6 Whilst we will always look to avoid making changes to the Contract (including changes to the Services), there may be times where changes are needed. In each instance, we will assess the potential impact of this change on the Contract, and will follow the principles set out in this clause 6. A non-exhaustive list of reasons why we may need to make changes is set out at clause 6.9 below.
6.7 The University is always looking to improve and enhance the student experience, and will communicate regularly with students and will actively seek feedback on how the University can improve its service delivery to students.
6.8 The circumstances referred to in this clause 6 are not the only ones that may arise during your Contract, but these will give you some context as to when and how we may need to change the Contract (including your course).
WHY WE MAY NEED TO MAKE CHANGES
6.9 We may need to make changes to our Contract (including changes to your course and method of assessment) at any time:
6.9.1 to reflect changes in sector practice and/or guidance and/or funding arrangements;
6.9.2 to reflect changes in the law and/or a decision of a competent court or similar body and/or changes which are required by a regulator;
6.9.3 to reflect governmental, statutory and/or regulatory requirements, policy, measures, controls, guidance and/or directions (including, without limitation, as a result of COVID-19 restrictions, similar pandemic restrictions and/or health and safety concerns);
6.9.4 to reflect changes required by a professional, statutory or regulatory body;
6.9.5 to reflect changes made and/or required by an accrediting body, collaborative partner and/or placement provider;
- 9.6 to implement technical adjustments and/or improvements, for example: to reflect developments in academic teaching, research and/or professional standards/requirements, which may result in us removing or adding optional modules;
- reasonable changes to the timetable for delivery of your course;
- reasonable changes to the number of classes/lectures and other teaching activity and assessment relating to the course;
- reasonable variations to the content and syllabus of the course;
- changes to the location of your course teaching facilities, provided these are within the same campus and/or provided they are of equivalent quality as those advertised;
- reasonable changes to the specification of your course teaching facilities;
- additions and/or withdrawals of certain non-core modules on your course;
- changes to reading lists to ensure the course remains as up-to-date as possible;
- other reasonable changes to the way that a course is delivered, taught, supervised and/or assessed (for example, we may make minor changes to the method of delivery and/or assessment to or from online);
- changing the order in which we deliver modules to you. This might, for example, necessitate moving a practical module to a later date if there are ongoing COVID-19 or similar pandemic disruptions and/or restrictions in place; and/or
- procedural changes to our regulations that help improve the same to your benefit.
- significant changes to the way that a course is delivered, taught, supervised and/or assessed (for example, we may make major changes to the method of assessment, moving to or from online and/or significantly change the percentage of online and in-person delivery);
- to make additions and/or withdrawals of certain core/compulsory modules on your course;
- changing our security procedures to such an extent as may materially impact on the way that you previously acted when on campus with us;
- significant changes to the location or specification of your course teaching facilities, which could include moving the course to a different campus or a location that is not located near the original delivery campus;
- significant changes to our regulations that are set out in Appendix 2 that help improve them where the same are not to your benefit; and/or
- in rare cases, the discontinuance of your course (please see clause 6.12 below for more details regarding what we will do in these circumstances).
6.9.7 to address any external examiner feedback received as a result of our assessment processes and/or results from our regular student feedback sessions;
6.9.8 to address and/or take steps in response to a security threat;
6.9.9 due to minimum enrolment numbers not being achieved / fall in future enrolment numbers (including where as a result the student experience is likely to be negatively impacted);
6.9.10 due to withdrawal or failure to obtain any relevant approval, accreditation and/or validation;
6.9.11 to deal with unavoidable staff absences, changes and/or resignations;
6.9.12 to ensure the delivery of our business continuity plans in response to events outside of our control; and/or
6.9.13 for any other valid reasons.
WHAT TYPES OF CHANGES MAY BE MADE?
6.10 The circumstances presented in clauses 6.9 above may result in a number of different changes being made by us. We have set out in this clause 6.10 some examples of possible changes and, to help you understand what they may mean for you in practice, we have done this by referring to the examples using the headings “major changes” and “minor changes”. The provisions of this clause will apply depending on the type of change that is anticipated at the time.
6.10.1 Minor Changes (non-exhaustive list of examples):
6.10.2 Major Changes (non-exhaustive list of examples):
6.11 Please note that the availability, timing, nature, delivery and/or scope of the University’s pastoral and support services may also be subject to change during your course for a variety of reasons including, but not limited to, in response to changes in the law and/or governmental and/or regulatory requirements, policy, guidance and/or direction, funding arrangements and/or the needs of students. We may therefore vary and/or amend and/or withdraw the availability, timing, nature, delivery and/or scope of pastoral and support services at any time (including, for example, moving delivery in part or in whole online).
CANCELLATION OF A COURSE
6.12 We may be required to cancel a course and terminate the Contract with you, including for the reasons described in clause 6.9. In these circumstances, we will take reasonable steps: to notify you in advance; offer you a place on an alternative course at the University (subject to place and/or course availability and you complying with the requirements of admission to and registration on that course); or (at your request) to assist you to join another course at another provider. If we decide to take such action prior to the course commencing you shall be entitled to cancel this Contract by written notice to us. In these circumstances you will be entitled to a refund of any Fees which you have paid to us.
HOW WE WILL TELL YOU ABOUT CHANGES TO THE CONTRACT
6.13 If we invoke our right to make changes in accordance with the above, we shall take all reasonable steps to notify the affected students and minimise any disruption to their studies. We will seek to provide you with as much notice as is in our view reasonable before we are due to make the relevant change.
6.14 For minor changes, we will tell you that changes have been made by email or via push notification on our mobile application (“myLTU”) and confirm where information about the changes can be found (for example, on our website and on our mobile application).
6.15 For major changes, we will provide you with information about the changes by email and, if applicable, confirm where further information about the changes can be found (for example, on our website and on our mobile application (“myLTU”)).
7. PRICE AND PAYMENT
Note, this section is not applicable to higher or degree apprenticeship students
7.1 The Fees payable by you to us are set out in your Offer Letter, and are described as Tuition Fees and Additional Fees. You will be responsible for making payment to us of the Tuition Fees and Additional Fees, when due, under the Contract, and details about when and how you are required to pay us for any Tuition Fees and Additional Fees are set out in the Offer Letter.
Increases to Fees
7.2 We may increase Tuition Fees and Additional Fees annually in line with the most up to date Consumer Price Index published by the Office for National Statistics. The most up to date Consumer Price Index is available at https://www.ons.gov.uk/economy/inflationandpriceindices/timeseries/d7g7/mm23. The Consumer Price Index is a measure of inflation published monthly by the Office for National Statistics. It measures the change in the cost of a representative sample of retail goods and services. When these terms and conditions were prepared, the Consumer Price Index rate was 1.4%.
7.3 As an example, if the University were to increase your Tuition Fees in year 2 of your course, based on the current Consumer Price Index rate of 1.4% rate (which is subject to change), if your Tuition Fees are £9,250 per academic year (a total of £27,750 over a three year term), the University will not be permitted to increase your annual Tuition Fees to more than £9,379.50 in the second year.
7.4 We will confirm any inflation-linked price increases to you on an annual basis by no later than two months before commencement of the start of each academic year by e-mail.
7.5 When you register for your course, we will require satisfactory evidence of your ability both to pay Tuition Fees and to support yourself during your period of study including details of your funding arrangements. If you are unable to provide such evidence, you may be granted temporary registration. A temporary registration period shall lapse if the evidence is not provided within four weeks of request and at that point we may elect to terminate the Contract in accordance with clause 10.
7.6 If you have arranged for a third party to pay Fees on your behalf you will remain responsible to pay us the Fees in the event that the third party fails to do so when those Fees become due. If a refund is payable under this Contract, we may be required to make any refund directly to the third party who paid the Fees on your behalf.
7.7 If, at the end of an academic year that is not the final year of your course, you are in debt to us for Tuition Fees, we reserve the right not to allow you to re-register on your course for the next academic year and to terminate the Contract as set out in clause 10.
7.8 If, at the end of the final academic year of your programme, you are in debt to us for Tuition Fees, we reserve the right to withhold your course award/certificate.
8. OUR LIABILITY TO YOU
8.1 If we fail to comply with this Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.
8.2 Subject to clause 8.4, if you undertake sporting activities then this is at your own risk. Under certain circumstances, we may also require that you obtain medical insurance or other types of insurance, and details of any such additional insurance will be notified to you if you elect to engage in any such activities during your Contract. If insurance for sporting related activities is required for your course this will be notified to you in your Offer Letter.
8.3 We cannot accept responsibility and we will not be liable to you for:
8.3.1 any damage to your property (including to vehicles and bicycles parked on campus or at other parking locations as designated by us and to personal equipment such as mobiles, tablets and laptops) unless caused by our breach of this Contract;
8.3.2 work submitted for assessment that is not returned;
8.3.3 personal injury or death except in so far as it is caused by our negligence; or
8.3.4 loss of opportunity and loss of income or profit, however arising.
8.4 We do not exclude or limit in any way our liability for:
8.4.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
8.4.2 fraud or fraudulent misrepresentation; or
8.4.3 any other matter which we are not permitted to exclude or limit our liability by law.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act or event beyond our reasonable control including without limitation:
9.2.1 strikes, lock-outs or other industrial action by third parties;
9.2.2 strikes, lock-outs or other industrial action by our employees;
9.2.3 any control, law, direction or measure imposed, administered or issued by any governmental, statutory or regulatory body relating to the control of disease, closure of businesses or premises, or control of movement of people, goods or services or a restriction on transfer of any of the same imposed or administered as a response to an outbreak of disease or as a means of preventing the significant transmission of a disease;
9.2.4 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic and/or epidemic (or similar infectious disease where we have health and safety concerns regarding the provision of courses and Services to you and/or our other students and/or staff) or other natural disaster or "act of god", or failure of public or private telecommunications networks; and/or
9.2.5 a change in law following the UK ceasing to be a Member State of the European Union which means we are no longer legally allowed to provide services to you.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
9.3.1 we will contact you as soon as reasonably possible to notify you;
9.3.2 where reasonable and appropriate, our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
9.3.3 we will be entitled to make changes to this Contract, including, but not limited to, the methods by which the course, Services and/or support services (including pastoral support) are delivered and/or assessed, as provided for under clause 6 above.
9.4 Should an Event Outside Our Control interfere with our ability to deliver your programme, we will use reasonable endeavours to minimise the disruption caused to you. Please see our Student Protection Plan for further detail.
10. DURATION AND TERMINATION RIGHTS
Duration of the Contract
10.1 The Contract will continue for the duration set out in the Offer Letter unless terminated or extended by you or us in accordance with these Terms and Conditions.
Our rights to terminate
10.2 We may terminate the Contract on notice to you (such notice as may be appropriate having followed any relevant University policies or procedures but, where the circumstances dictate, immediate notice) as a result of:
10.2.1 us becoming aware that information you have provided to us is not true, accurate and complete and/or misleading and/or at any point becomes untrue, inaccurate or incomplete and/or misleading;
10.2.2 you failing to materially comply with your obligations under this Contract;
10.2.3 you failing to comply with requests for information, to make declarations and/or to meet specific requirements of your course as specified in the Offer Letter;
10.2.4 your circumstances changing so that you no longer have permission to remain in the UK, you acquiring a relevant criminal conviction or developing a health condition that prevents you from meeting the occupational health requirements of your course;
10.2.5 you failing to meet the requirements to register for your course or failing to re-register in subsequent years within the required timescale;
10.2.6 material breach by you of our regulations, policies, procedures and/or codes;
10.2.7 you failing to meet the required standard performance of your course as prescribed by academic and professional suitability requirements;
10.2.8 if you do not pay your Tuition Fees by the specified due date for payment, and where you fail to make good your debt following the period specified within our debt recovery policies. This includes where you have an agreement with a third party (i.e. Student Loans Company) for them to pay your tuition fees on your behalf;
10.2.9 you failing to meet any of the requirements to provide suitable evidence to us as described in clause 7;
10.2.10 where you have accepted either a Firm or Insurance offer with us and/or another institution and you decide not to study with us before your course starts (e.g. because you go through the clearing or adjustment process); or
10.2.11 where you engage in any activity or otherwise act in a manner that brings us into disrepute.
Your right to terminate
10.3 You have the right to terminate this Contract in the following circumstances:
10.3.1 where major changes are made to the Contract in accordance with clause 6.10.2 above;
10.3.2 where you have accepted either a Firm or Insurance offer with us and/or another institution and you decide not to study with us before your course starts (e.g. because you go through the clearing or adjustment process); and
10.3.3 at any other time without reason.
What happens if this Contract is terminated?
10.4 In the event of termination of your Contract by us as permitted in clause 10.2, you may be entitled to a refund of a proportion of any directly pre-paid Fees on a pro rata basis for the unexpired period of the academic year (subject to us retaining an amount to cover our reasonable losses and costs as a result of the termination, including any deposit paid).
10.5 In the event you terminate your Contract as permitted in clause 10.3, the following arrangements will apply:
10.5.1 where you terminate the Contract as permitted in clause 10.3.1 – the amount of any refund of Fees payable to you will be determined taking into account the relevant circumstances of the termination;
10.5.2 where you terminate the Contract as permitted in clause 10.3.2 – a full refund of any Fees you may have already paid (if any) will be reimbursed; and
10.5.3 where you terminate the Contract as permitted in clause 10.3.3 - you may be entitled to a refund of a proportion of any directly pre-paid Fees for the unexpired period of the academic year (subject to us retaining an amount to cover our reasonable losses and costs as a result of the termination, including any deposit paid). Please see the Taught Programme Academic Regulations, Withdrawal and suspension section, for more detail.
10.6 Please note that if we terminate the Contract and you have a Tuition Fee loan from the Student Loans Company, we will notify the Student Loan Company that their liability for Tuition Fees has reduced and therefore the Student Loan Company will reduce the amount of your loan. If a third party pays Fees on your behalf we may pay any refund directly to that third party.
10.7 Please also refer to our Student Protection Plan and Refund and Compensation Policy.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 You acknowledge that the University will need to hold, access and/or process personal data relating to you in accordance with privacy notices as may be provided to you from time to time.
12. OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms and Conditions.
12.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.3 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
12.5 These Terms and Conditions are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
13. COMPLAINTS AND QUERIES
13.1 The University operates a number of complaints procedures and policies. These procedures and policies can be accessed on our website: https://www.leedstrinity.ac.uk/about/public-information/complaints/
13.2 If you are not satisfied with the outcome of your complaint, you may also refer your complaint to the Office of the Independent Adjudicator for Higher Education at www.oiahe.org.uk or OIA Second Floor, Abbey Wharf, 57-75 Kings Road, Reading RG1 3AB. In addition, please note that prior to 1st January 2021, disputes may also be submitted for online resolution to the European Commission Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
13.3 If you have any queries about your Contract, you should contact: Chief Operating Officer/University Secretary, Leeds Trinity University, Horsforth, Leeds, LS18 5HD, who will be responsible for determining any matters of interpretation.
To: Leeds Trinity University, Brownberrie Lane, Horsforth, Leeds, West Yorkshire,
I hereby give notice that I cancel my contract for the supply of services on the [INSERT PROGRAMME TITLE].
Offer letter dated:
Name of student:
Signature of student:
Codes, Regulations and Policies
Full details of codes, regulations and policies referred to in this Appendix 2 can be found on the Public Information page of our website.