Terms and conditions of booking a short course at Kingston University

Terms and conditions

This Contract is made between Kingston University Higher Education Corporation of River House, 53–57 High Street, Kingston upon Thames, Surrey KT1 1LQ (the "University") and you (the ‘Attendee').

1. Definitions and Interpretation

In these terms and conditions of contract for services ("Conditions"):

• the "Contract" means the agreement concluded between the Attendee and the University for the provision of a short course, including without limitation these Conditions (to the extent that they are not expressly excluded or modified);
• the "University" includes any person to whom all or part of the University's obligations are assigned.

2. Service of Notices and Communications

All notices to be given under the Contract shall be in writing to Short Courses Administrator: shortcourses@kingston.ac.uk

3. Entire Agreement

The Contract constitutes the entire agreement and understanding between the parties and supersedes all prior written and oral representations, agreements or understandings between them relating to the subject matter of the Contract, provided that neither party excludes liability for fraudulent misrepresentations upon which the other party has relied, and without prejudice to any rights which have already accrued to either of the parties.

4. Waiver

(1) The failure by either party to exercise any right or remedy shall not constitute a waiver of that right or remedy. (2) No waiver shall be effective unless it is communicated to the other party in writing. (3) A waiver of any right or remedy arising from a breach of the Contract shall not constitute a waiver of any right or remedy arising from any other breach of the Contract.

5. Severability

If any Condition, clause or provision of the Contract not being of a fundamental nature is held to be unlawful, invalid or unenforceable by a court or tribunal in any proceedings relating to the Contract, the validity or enforceability of the remainder of the Contract shall not be affected. If the court finds invalid a provision so fundamental as to prevent the accomplishment of the purpose of the Contract, the parties shall immediately commence negotiations in good faith to remedy the invalidity.

6. Amendments and Variations

No amendment or variation to the terms of the Contract shall be valid unless previously agreed in writing between the Parties.

7. Dispute Resolution

(1) The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract. (2) If the Parties cannot resolve the dispute pursuant to paragraph (1) of this Condition, the dispute may, by agreement between the Parties, be referred to mediation. (3) If the Parties do not agree to refer the dispute to mediation, or if the Parties fail to reach agreement as to who shall mediate the dispute or if they fail to reach agreement in the structured negotiations within 60 days of the Mediator being appointed or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the courts.

8. Behaviour On Our Premises

You must make sure that You, and any members of Your party behave in such a way that they do not cause a nuisance or unreasonable disruption to the University, its members or employees, or to any other visitor to the premises. You agree that You and any members of Your party will obey the University ordinances, regulations and rules in particular:

• All fire notices and regulations
• Our smoking policy
• Our car parking rules
• Our Health and Safety regulations

9. The General Data Protection Regulation (GDPR) and the Data Protection Act 2018

Your personal data will be processed in line with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. Please see the University's Data Protection Policy and Student Privacy Notice.

10. Refusal

The University reserves the right to refuse the booking of any prospective student.

11. Special Provisions

In the case of any conflict or inconsistency between these general Conditions and any specific terms of the Contract, the latter shall prevail.

12. Rights of Third Parties

It is not intended that the Contract, either expressly or by implication, shall confer any benefit on any person who is not a party to the Contract and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.

13. Law and Jurisdiction

The Contract shall be governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.