1. FORCE MAJEURE
1.1 Force Majeure Event means any circumstance not within a Party’s reasonable control including,
without limitation: (a) acts of God, flood, drought, earthquake or other natural disaster; (b) epidemic
or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for
war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d)
nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a
government or public authority, including without limitation imposing an export or import
restriction, quota or prohibition, or failing to grant a necessary licence or consent; (f) collapse of buildings, fire, explosion or accident; and (g) any labour or trade dispute, strikes, industrial action or
1.2 Provided it has complied with clause 11.3, if a Party is prevented, hindered or delayed in or
from performing any of its obligations under this agreement by a Force Majeure Event (Affected
Party), the Affected Party shall not be in breach of this agreement or otherwise liable for any such
failure or delay in the performance of such obligations. The time for performance of such obligations
shall be extended accordingly.
2. OBLIGATIONS OF THE Golfers
2.1 The golfer shall: (a) co-operate with the Supplier in all matters relating to the Services; (b) provide, at his own cost, in a timely manner, the admission documents and other information and supporting documents, including personal financial information, as the Supplier may reasonably require, and ensure that it is accurate and true in all material respects; (c) refrain from contacting to obtain information about the status of the application and registration process in relation to the Programme without the prior written consent of the Supplier, such consent not to be unreasonably withheld; (d) at his own expense, subscribe to and hold throughout the duration of this agreement a health insurance policy with a reputable insurer before relocating to the country where the is located, show to the Supplier on demand the policy document and the most recent receipt for premium, perform any obligation required of it under the terms of such insurance, to do nothing which could invalidate any such insurance; (e) at his own expense, obtain and maintain, all necessary visa, permits and/or authorisations to stay in the country where the is located during the application process and for the duration of the Programme, if applicable
2.2 If the Supplier’s performance of its obligations under this agreement is prevented or delayed by any act or omission of the golfer, the Supplier shall not be liable for any costs, charges or losses sustained or incurred by the golfer that arise directly or indirectly from such prevention or delay
2.3 The golfer shall be liable to pay to the Supplier, on demand, all reasonable costs, charges or losses sustained or incurred by the Supplier (including any direct, indirect or consequential losses, loss of profit and loss of reputation) that arise directly or indirectly from the golfer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under this agreement, subject to the Supplier confirming such costs, charges and losses to the golfer in writing.
2.4 The golfer shall be liable to pay to the Supplier all reasonable costs, charges or losses sustained or incurred by the Supplier (including any direct, indirect or consequential losses, loss of profit and loss of reputation) that arise directly or indirectly from any act of defamation, libel, slander or any misconduct carried out by the golfer which injured the Supplier’s reputation.
2.5 The golfer; upon commencement of this agreement, shall not employ the use of another educational agency or consultancy that offers services analogous to the supplier.
3. FEES AND PAYMENT
3.1 The golfer shall pay the total price of the services to the supplier in 2 instalments; of which the first instalment shall be paid alongside the submission of this signed agreement.
3.2 The golfer shall pay the second instalment of the cost of the services upon receiving admission on the programme at the chosen , and the supplier shall issue the acceptance letter to the golfer after payment of this second instalment.
3.3 The second instalment still remains payable even in the case that the golfer decides to decline the admission offer for any reason.
3.4 The second instalment will not be payable by the golfer if the supplier, at their own fault, fails to gain the golfer admission onto their programme.
3.5 The golfer shall pay each invoice submitted to him by the Supplier, in full and in cleared funds, upon receipt, to a bank account nominated in writing by the Supplier.
3.6 If the golfer fails to pay the supplier by the due date for whatever reason, they will be given an extension to pay within the 7 days following the original due date. Failure to pay within this extension period will result in legal action to be taken by the supplier and the dispute shall be solved by the courts of England and Wales; in accordance with clause 16 of this agreement.
3.7 All amounts due shall be paid in full without any set-off, counterclaim, deduction or withholding
3.8 The golfer is liable to pay any extra charges for any additional services required by the golfer from the supplier.
4.1 The initial instalment paid alongside submission of documents is non-refundable in any case; whether the golfer receives admission on the course or not.
4.2 The supplier shall not return to the golfer the first instalment or the fees required to sit an entrance exam in any case.
4.3 For programmes, gaining entry is subject to a ranking procedure comprising factors other than entrance exam results, therefore passing of the entrance exam may not guarantee entry. In any case, no refund shall be given for the entrance test.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The golfer accepts that: (a) he has and shall have no right to use or to allow others to use the Intellectual Property or any part of it; (b) he shall not use any trademarks, trade names or get-up which resemble the Supplier’s trademarks, trade names or get-up and which would therefore be likely to confuse or mislead the public or any section of the public; (c) he shall not do or omit to do, or authorise any third party to do or to omit to do, anything which could invalidate or be inconsistent with the Intellectual Property
6.1 The golfer undertakes that he shall at all times (both during the term of this agreement and after its termination) keep confidential, and shall not use (other than strictly for the purposes of this agreement) and shall not, without the prior written consent of the Supplier, disclose to any third party technical or commercial know-how, processes or initiatives which are of a confidential nature and have been disclosed to the golfer by the Supplier and any other confidential information concerning the Supplier’s business which the golfer may obtain, except as permitted by clause 6.2
6.2 The golfer may disclose the Supplier’s confidential information: (a) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; or (b) if the information was public knowledge or already known to the golfer at the time of disclosure or subsequently becomes public knowledge other than by breach of this agreement or comes lawfully into the possession of the golfer from a third party; or (c) if the information is agreed by the Parties not be confidential or to be disclosable.
7. LIMITATION OF LIABILITY
7.1 Nothing in this agreement limits or excludes the Supplier’s liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) 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.
7.2 The Supplier shall not be held responsible or liable for the content and accuracy of any document and information, including personal details, provided by the golfer under the terms of this agreement
7.3 Subject to clause 7.1, the Supplier shall not be liable to the golfer, whether in contract, tort (including negligence), for all costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of chance, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by the golfer arising out or in connection with:
7.4 The golfer’s death or personal injury, including psychological suffering and emotional distress; or
7.5 Services offered by external providers, including but not limited to internet services providers, cable television providers, providers of mobile phones, banks and any other financial institutions, including the provision of a golfer loan facility
7.6 The golfer failing to:
- Meet the required criteria for admission to the Programme and/or pass any entrance examination and interviews with the with regard to the Programme;
- Obtain the Admission Letter except to the extent that such failure arises as a result of the
Supplier’s breach or negligent performance or non-performance of this agreement;
- Obtain a golfer loan or any other kind of finance with an institution or organization s by the golfer for the purpose of paying his/her tuition fees.
- Be admitted to a given year of entry (for Transfer and Graduate Entry services only), unless otherwise agreed between the Parties in writing by way of an addendum to this agreement.
8. DATA PROTECTION
8.1 The golfer consents to the Supplier handling and processing his personal data (as defined in the Data Protection Act 1998 – the Act) (Personal Data) during the term of this agreement.
8.2 The Supplier shall comply and shall use all reasonable endeavours to ensure that its staff, employees and agents comply with the Act at all times when handling the Personal Data.
8.3 The Supplier shall process the Personal Data for the purposes of this agreement only and not further process the Personal Data in any manner incompatible with those purposes.
8.4 The Personal Data shall remain the property of the golfer at all times.
8.5 The Supplier shall use all reasonable endeavours to prevent loss or destruction of, or damage to, the Personal Data and shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the Personal Data and against accidental loss or destruction of, or damage to, the Personal Data.
9.1 Without affecting any other right or remedy available to it, either Party may terminate this agreement with immediate effect by giving written notice to the other Party if:
- The other Party commits a material breach of any term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 7 days after being notified in writing to do so;
- The other Party repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement;
- The other Party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts; (d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other Party (being a company)
- An application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other Party (being a company);
- The other Party (being an individual) is the subject of a bankruptcy petition or order;
- The other Party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business;
- The other Party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
10. CONSEQUENCES OF TERMINATION
10.1 On termination or expiry of this agreement, the golfer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Disbursements paid by the Supplier but for which no invoice has been submitted, the Supplier may submit an invoice, which shall be payable immediately on receipt.
10.2 Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
11. FORCE MAJEURE
11.1 Force Majeure Event means any circumstance not within a Party’s reasonable control including, without limitation: (a) acts of God, flood, drought, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary license or consent; (f) collapse of buildings, fire, explosion or accident; and (g) any labor or trade dispute, strikes, industrial action or lockouts.
11.2 Provided it has complied with clause 11.3, if a Party is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
11.3 The Affected Party shall: (a) as soon as reasonably practicable after the start of the Force Majeure Event, notify the other Party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and (b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
11.4 If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its obligations for a continuous period of more than 4 weeks, the Party not affected by the Force Majeure Event may terminate this agreement by giving a week’s written notice to the Affected Party. Such termination shall be without prejudice to the rights of the Parties in respect of any breach of this agreement prior to such termination.
12. VARIATION OF THIS AGREEMENT
12.1 No variation of this agreement shall be effective unless it is in writing and signed by the Parties.
13. THIRD PARTY RIGHTS
13.1 No one other than a party to this agreement shall have any right to enforce any of its terms
14. DISPUTE RESOLUTION PROCEDURE
14.1 If a dispute arises out of or in connection with this agreement or the performance, validity or enforceability of it (Dispute) then the Parties shall attempt in good faith to resolve the Dispute.
14.2 If the Parties are for any reason unable to resolve the Dispute amicably, the Dispute shall be resolved by the courts of England and Wales in accordance with clause 16 in this agreement.
15. GOVERNING LAW
15.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including noncontractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16.1 Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims). This agreement has been entered into on the date stated at the beginning of it.
17. OPTIONAL SERVICES
*golfer LOAN ASSISTANCE*
17.1 In a case where a qualifying golfer would like to take out a golfer loan, (subject to the loan being available) to pay for their tuition fees, the supplier shall assist the golfer with this process; through general advice about documentation needed as well assistance in obtaining these documentations, if required.
17.2 The golfer can require the golfer Loan Service only subject to the following requirements being met:
- being between 18 and 34 years old; and
- holding an EU or EEA passport.
17.3 The conditions for the provision of the golfer Loan Service are the following:
- The golfer shall pay the first instalment of the tuition fees before the commencement of the Programme;
- subject to the loan being approved by the s bank or financial institution, the first instalment paid by the golfer to the Programme under point (a) above shall be reimbursed to the golfer by the said bank or financial institution and any subsequent instalment shall be paid directly by the said bank or financial institution to the ;
- The golfer undertakes to repay the loan to the funding bank or financial institution after a fixed period following the termination of the Programme in accordance with the terms of the loan.