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Universify Education 16-17 Turl St Oxford OX1 3DH 01865 264194
Universify Education 16-17 Turl St Oxford OX1 3DH 01865 264194
1.1 Universify Education shall deliver the programme in accordance with www.universifyeducation.com.
1.2 Universify Education shall use all reasonable endeavours to meet any performance dates specified on the website, but any such dates shall be estimates only and time shall not be of the essence for performance of the delivery of the programme.
1.3 Universify Education shall have the right to make any changes to the programme which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the programme, and Universify Education shall notify the Student in any such event.
1.4 Universify Education warrants that the programme will be provided using reasonable care and skill.
2.1 The Student shall:
2.1.1 at all times abide by the rules set out in the Student Handbook,
2.1.2 co-operate with Universify Education in all matters relating to the delivery of the course; and
2.1.3 provide Universify Education with such information reasonably required in order to effectively deliver the course.
2.1.4 Consent to Universify Education being able to track student data to measure the impact of the course. The data we use will only ever be for this purpose and will be in keeping with our Data Protection Policy.
2.1.5 agree that Universify Education’s publications may include statements by the student, as well as the use of their image.
2.2 If Universify Education’s performance of any of its obligations under the Agreement are prevented or delayed by any act or omission by the Student or failure by the Student to perform any relevant obligation, Universify Education shall not be liable for any losses incurred by the Student.
3.1 Students will be provided with:
3.1.1 single room in Oxford college accommodation which is a college room occupied by students during the academic year. Each room is equipped with one single bed, desk, chairs, wardrobe/closet; and participants will share bathrooms with members of the same sex;
3.1.2 breakfast, lunch, dinner every day;
3.1.3 academically-related excursions, including entrance fees;
3.1.4 academically related evening activities, including theatre and concert performances, including entrance fees; and
3.1.5 all academic tuition.
3.2 Transportation to Oxford is not included. Students will be expected to arrive at the college where their course will take place by 16:00 on the start date of their course:
3.2.1 Sunday 6th August 2017
3.2.2 Sunday 13th August 2017
3.3 For reference, not included in the programme fee are:
3.3.1 medical insurance if the student is not covered by NHS services.
3.3.2 personal items such as laundry; or
3.3.3 any items not specifically mentioned as included.
3.3.4 Travel expenses to and from Oxford – this will be covered by the students’ school
3.4 Baggage and personal effects are the sole responsibility of the Student.
4.1 Nothing in the Agreement shall limit or exclude Universify Education’ liability for:
4.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
4.1.2 fraud or fraudulent misrepresentation; or
4.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
4.2 Subject to clause 4.1, Universify Education shall not be liable to the Student and/or the parent or legal guardian, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:
4.2.1 loss of damage to goodwill; or
4.2.2 any indirect or consequential loss.
4.3 Subject to clause 4.1, Universify Education’s total liability to the Student and/or the parent or legal guardian, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement shall be limited to £1,000.
4.4 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Agreement.
4.5 This clause 4 shall survive termination of the Agreement.
5.1 In the event of a cancellation Universify Education must receive written confirmation. Cancellations will result in Universify cashing the £20 deposit cheque/postal order.
6.1 Universify Education shall:
6.1.1 comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (Relevant Requirements);
6.1.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
6.1.3 have and shall maintain in place throughout the term of this Agreement its own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements, the Relevant and will enforce them where appropriate;
6.1.4 promptly report to the Student any request or demand for any undue financial or other advantage of any kind received by Universify Education in connection with the performance of this Agreement; and
6.1.5 immediately notify the Student and/or the parent or legal guardian (in writing) if a foreign public official becomes an officer or employee of Universify Education or acquires a direct or indirect interest in Universify Education and it warrants that it has no foreign public officials as direct or indirect owners, officers or employees at the date of this Agreement.
6.2 Universify Education shall ensure that any person associated with Universify Education who is performing services or providing goods in connection with this Agreement does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on Universify Education in this clause 6 (Relevant Terms). Universify Education shall be responsible for the observance and performance by such persons of the Relevant Terms, and shall be directly liable to the Student for any breach by such persons of any of the Relevant Terms.
6.3 For the purpose of this clause 6, the meaning of adequate procedures and foreign public official and whether a person is associated with another person shall be determined in accordance with section 7(2) of the Bribery Act 2010 (and any guidance issued under section 9 of that Act), sections 6(5) and 6(6) of that Act and section 8 of that Act respectively. For the purposes of this clause 6 a person associated with Universify Education includes but is not limited to any subcontractor of Universify Education.
7.1 Force majeure. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
7.2 Assignment and other dealings.
7.2.1 Universify Education may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party or agent.
7.3 Entire agreement.
7.3.1 This Agreement including the Terms and Conditions, the Contract Details and the Student Handbook constitutes the entire Agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
7.3.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
7.4 Variation. No variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
7.5 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
7.5.1 waive that or any other right or remedy; or
7.5.2 prevent or restrict the further exercise of that or any other right or remedy.
7.6 Severance. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement.
7.7.1 Any notice or other communication given to a party under or in connection with the Agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email.
7.7.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 7.7.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or email, one business day after transmission.
7.7.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
7.8 Third parties. No one other than a party to the Agreement shall have any right to enforce any of its terms.
7.9 Governing law. The Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the laws of England and Wales.
7.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.