1. ABOUT US
This ‘DHGA’ means Downe House Global Academy,
and the ‘DHGA website’ means its homepage on Learning management system (LMS) portal,
which are operated and owned by Downe House School Services Limited, a company
registered in England & Wales under company number 02664010 and whose
registered office is at Downe House, Cold Ash, Thatcham, Berkshire, RG18
9JJ.
Enquires in relation to our DHGA can be made to globalacademy@downehouse.net, FAO: Academic Head of DHGA. Further information can be located at the Register Your Interest Here tab of this website.
-Use of the DHGA (“us”, “our”, or “we”), website (portal homepage) (https://learning.downehouseglobalacademy.net/), as a guest or pupil.
-Use of the DHGA LMS (Learning Management System) portal including accessing, browsing, or registering to use our educational services by pupils.
-A payment to enrol your child(ren)/ward
2. DEFINITIONS
“The School” means Downe House School Limited, a charity (registered charity number 1015059) and a company limited by guarantee (registered number 2645228) whose registered office is at Cold Ash, Thatcham, Berkshire RG18 9JJ. Downe House School Limited owns 100% of Downe House School Services Limited, both form part of the Downe House Group of companies.
“the Academic Head” means the person appointed by the Governors of the School to be responsible for the day to day management of the DHGA and includes those to whom any of the duties of the Head have been duly delegated.
“the Parent/s” are the person(s) who have accepted the Terms & Conditions as parent of the Pupil, or a person who, with the School’s written consent, replaces a person who has accepted the Terms & Conditions.
“the Pupil” is the child named on the Application Form at Apply Here tab found on the DHGA homepage.
“fees” means the fees set out in the Schedule of Fees for each programme found on the DHGA homepage
“deposit” means the sum set out in the Schedule of Fees.
“semester” means a term of the DHGA as notified to Parent/s from time to time.
“the Payment Policy” means the policy setting out details of those services that are met by the fees, and those that are paid to join our programmes
“the DHGA Code of Conduct and policies as amended from time to time for legal, safety or other substantive reasons, or in order to assist the proper administration of the DHGA. The current versions of these are available on the website.
“terms and conditions” means these Terms and Conditions as amended from time to time.
3. INTRODUCTION
The Student Code of Conduct and Parent Information document, the Digital Policy, the Safeguarding Policy, the Privacy Policy, the Cookies Policy, and these Terms and Conditions (all found on the DHGA Homepage) form the terms of a contract between the Parent/s and Pupils and the DHGA and constitute the entire agreement between the parties. It is not intended that the terms of the contract will be enforceable by any other third party.
4. ADMISSION AND ENROLMENT
a) Registration of Interest and Deposit: Pupils will be considered as candidates for enrolment on DHGA when the ‘Registration of Interest Form’ has been completed and the non-refundable registration fee paid on the website. The deposit is not refundable if the Pupil does not take up a place at the DHGA.
b) Admission and Enrolment: Admission and enrolment will be subject to the availability of a place and the Pupil satisfying the admission requirements at the time. Pupils will be enrolled on the DHGA portal once the full payment has been made by the Parent/s. The last date of submitting completed Application Form would be 14 days before the start of any Semester.
c) Equal Opportunity: The DHGA operates an Equal Opportunities and Valuing Diversity Policy, the current version of which is available through the School Website found on the DHGA homepage at Discover more about Downe House School.
d) Removal & Exclusion: In consultation with Designated Safeguarding Lead (DSL) and Academic Head, a student might be temporarily removed from a programme or permanently excluded if found in breach of the Code of Conduct despite reminders.
5. PAYMENT POLICY
a) Payments: Pupils will be enrolled on the DHGA once full payment has been made by the Parent/s. All payments (excluding deposit) are subject to a 14-day cooling off period, after which they are non-refundable. Once a student has started live lessons, fees are non-refundable. Fees are inclusive of taxes where applicable.
b) Cancellations: In the event of one or more of our programmes being cancelled in any one academic year, a full refund will be provided, and you will be notified promptly
There will be no refund if a programme or part of it is prevented from being delivered online by an event of Force Majeure.
c) Identity
and Source of Funds:
From time to time the School may request information to properly and accurately
verify to its satisfaction (a) the Parent/s identity; (b) the Pupil’s identity;
(c) that neither Parent is subject to nor within the purview of any national or
international financial, economic, trade, travel, or other similar sanctions
imposed by any competent authority.
d) Fees: The
fees will be reviewed from time to time (usually annually) and may be increased
by such amount as the School considers reasonable. Notice of an increase in the fees will be advertised
on the DHGA website prior to the beginning of the Semester before the increase
is to take effect.
The DHGA fees are payable exclusive of VAT which shall be payable in addition
(if applicable). For the avoidance of doubt, in the event that a change to VAT
legislation imposes a VAT charge (or a greater VAT charge) on the supply of
educational services, and VAT becomes payable on any supply for which any
payments have already been made, the parents shall pay to the School an amount
in addition to such payments equal to any VAT that is due.
6. USE OF WEBSITE HOMEPAGE and LMS PORTAL
Our website homepage is made available free of charge. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue, and/or change all or any part of our website without notice.
Your use of our website and LMS
constitutes your acceptance of these Terms and Conditions and consideration of
our provision to you of our website and LMS. If you do not agree to these Terms
of Use, you must not use our website and/or LMS.
7. STUDENT ACCOUNT AND PASSWORD
DHGA will provide pupils with a username and password as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party.
We have the right to disable any user account (including the use of any login
email address and/or password on our site), whether chosen by you or allocated
by us, at any time, if in our reasonable opinion you have failed to comply with
any of the provisions of these Terms of Use. If you know or suspect that anyone
other than you knows your login password, you must promptly notify us at globalacademy@downehouse.net
8. THE DHGA’S OBLIGATIONS
a) Semester: Subject to the Terms and Conditions, DHGA undertakes to accept a pupil from the time of joining DHGA until the end of the Semester/s.
b) Education: While the child remains a pupil of DHGA, the DHGA undertakes to exercise reasonable skill and care in respect of their education and welfare. This obligation will apply during Live Lessons and at other times when the Pupil is permitted to be online or is participating in activities organised by DHGA.
c) Assessments and Reports: The DHGA will conduct assessments, marking and feedback on all its programmes. End of Semester written reports will be supplied via the DHGA LMS portal.
d) Special Educational Needs: The Parent/s will be notified if DHGA has any concern/s about the Pupil’s progress, but the DHGA does not undertake to diagnose dyslexia or other specific conditions.
e) Confidentiality and References: The DHGA will take care to preserve the confidentiality of information concerning the Pupil and the Parent/s. The Parent/s consent to DHGA supplying information and a reference in respect of the Pupil to any educational institution which the Parent/s propose the Pupil may attend. Any reference supplied by DHGA will be confidential.
f) Data Protection: Processing of personal data will be carried out in accordance with the School’s Privacy Policy. The School has appointed the Director of Digital Delivery & Innovation who, in conjunction with the Academic Head of DHGA, will deal with all requests and enquiries concerning the School’s uses of personal data and endeavour to ensure that all personal data is processed in compliance with this policy and Data Protection Law.
9. PARENTS’ COOPERATION:
In order to fulfil DHGA’s obligations, Parent/s’ co-operation will be needed by: fulfilling their obligations under these Terms and Conditions; encouraging the Pupil in their studies, keeping DHGA informed of matters that affect the Pupil; maintaining a courteous and constructive relationship with DHGA staff; ensuring that details or other information disclosed to DHGA about the Parent/s or the Pupil are accurate, truthful and not misleading; ensuring that the tone, content and volume and/or nature of communications are reasonable and appropriate.
a) Absence: The Academic Head must be informed in writing of any reason for the Pupil’s absence from live lessons. Wherever possible the DHGA’s prior consent should be sought for absence from live lessons. DHGA cannot accept any responsibility for the welfare of the Pupil while off live lessons.
c) Complaints: If the Parent/s have cause for concern as to a matter of safety, discipline or progress of the Pupil they must inform the DHGA without delay. Complaints should be made online via the DHGA LMS portal to the Academic Head of DHGA.
10. OTHER APPLICABLE
TERMS
These Terms & Conditions refer to the
following additional terms, which also apply to your use of our website: our Privacy Policy, which sets
out the terms on which we process any personal data we collect from you, or
that you provide to us. By using our website, you consent to such processing
and you warrant that all data provided by you is accurate; and our Cookie
Policy, which sets out information
about the cookies used by us on our website.
11. CHANGES TO
THESE TERMS
We reserve the right to revise these Terms &
Conditions at any time by amending this page.
12. CHANGES TO
OUR WEBSITE
We may
update our website and/or change the content at any time. However, we do not
guarantee that our website, or any content on it, will be free from errors or
omissions. Any of the content on our website may be out of date at any given
time, and we are under no obligation to update it.
13. INTELLECTUAL PROPERTY
RIGHTS
This website
and all content, including any software, code, designs, graphics, and/or other
materials contained on or pertaining to this website are owned by Downe House
School Services Limited and are protected by intellectual property rights
and/or laws (the “IP”). All of our rights pertaining to this IP (including any
moral authorship or otherwise) are reserved. You are not permitted to use any
of our IP except for as provided in these Terms of Use (or as otherwise specified
on this website).
14. VIRUSES
We do not
guarantee that our website will be secure or free from bugs or viruses. You are
responsible for configuring your information technology, computer programmes
and platform in order to access our website. You should use your own,
up-to-date virus protection software.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs, and/or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer, or database connected to our website. You must not attack our website via a denial-of-service (DOS) attack or a distributed denial-of service (DDOS) attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990, and we will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
15. SEVERANCE
In the event
that any part of these Terms of Use is held to be invalid, unlawful, or
unenforceable by a competent body, it shall not affect the validity, legality,
or enforceability of any other remaining terms within these Terms of Use.
16. WAIVER
If we do not
enforce any right conferred to us under these Terms of Use, such
non-enforcement shall not constitute a waiver of that right.
17. APPLICABLE LAW
AND JURISDICTION
These Terms
of Use (including their formation), your use of this website, and the contents
of this website shall be governed by and construed in accordance with English
law and will be subject to the exclusive jurisdiction of the Courts of England
& Wales.
18.FORCE
MAJEURE
In this agreement "force
majeure" means any cause beyond a party's control (including, for the
avoidance of doubt, strikes, other industrial disputes, act of God, war, riot,
civil commotion, compliance with any law or governmental order, rule,
regulation or direction (including that of a local authority), accident, fire,
flood, storm, pandemic or epidemic of any disease, terrorist attack, chemical
or biological contamination). In the
event of a force majeure arising that prevents or delays DHGA’s performance of
any of its obligations under this agreement, the School will immediately give
the Parent/s notice in writing specifying the nature and extent of the
circumstances giving rise to the force majeure.
Provided that DHGA has acted reasonably and prudently to prevent and
minimise the effect of the force majeure, the School will have no liability in
respect of the non-performance of such of its obligations as are prevented or
delayed during the continuance of the force majeure. The DHGA will use its best endeavours during
the continuance of the force majeure to provide educational services. If the DHGA is prevented from performance of
its obligations for a continuous period greater than four months, the DHGA will
notify the Parent/s of the steps it will take to ensure performance of the
agreement.
