When you book and pay for a Course online, we will ask you to confirm you accept these Terms and Conditions (T&C). We will send you an email confirming receipt of your booking and have reserved a place on a Course, at which point a legally enforceable agreement has been made between us.
Please read these T&C to make sure that you agree with them. If you are not sure about anything, just email us at info@tomaacademy.co.uk or phone +44(0)7711563736.
Application
These T&C will apply to the booking and payment of our Course by you (the Customer or you).
We are The Oxford Massage Academy Limited, a company registered in England a under number 15790664 whose registered office is at North Street, Marcham, Abingdon Oxfordshire OX13 6NG; with email address info@tomaacademy.co.uk; telephone +44(0)7711563736 (TOMA or we or us).
terms on which we sell all our Courses to you. By booking and paying for a Course, you agree to be bound by these T&C.
Interpretation
Consumer means an individual booking and paying for a TOMA Course.
Contract means the legally binding agreement between you and us for providing you with a place on a Course (and if applicable, goods).
Course means an accredited CPD or short Course delivered by TOMA’s tutors, as detailed on our website, brochure or in any other form of advertising. Any description is for illustrative purposes only and there may be slight changes made by tutors to the Course curriculum and/or discrepancies in any goods supplied. We can make amendment to the curriculum, which are necessary to comply with any applicable law, safety requirement or direction given by an accrediting body. We will notify you of these changes.
Delivery Location means our premises or other location, where we will deliver a Course, as set out as detailed on our website, brochure or in any other form of advertising.
Goods means any goods that we supply to you as part of a Course, the number and description as set out in the details of the Course, on our website, brochure or in any other form of advertising.
Customer Responsibilities
You must co-operate with us in all matters relating to a Course provided by us under this Contract and provide us with all the information required to deliver our Course, including any consents (unless otherwise agreed) required. You will be required to complete a medical questionnaire before joining the Course and if you require a qualification to enrol, you will be required to provide proof, normally a certificate or membership number.
<![if !supportLists]>10. <![endif]>Failure to comply with the above entitles us to suspend this Contract until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect, giving notice by email.
Basis of Sale
The description of a Course on our website, in brochures or other forms of advertisement does not constitute a contractual offer to sell.
<![if !supportLists]>12. <![endif]>When you book and pay for a course, we can reject it for any reason, although we will try to tell you the reason without delay.
A Contract will be formed between us only upon the Supplier sending an email to the Customer confirming a place on a Course has been reserved.
Any Fee (as defined below) advertised is valid for a maximum period of 90 days unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of a Course, Fees or otherwise, can be made by the Customer or Supplier after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract
(i) for which a booking was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or
(ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract, with terms which are more appropriate to you and which might, in some way, be better for you, e.g. by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or on a usual basis.
Fees and Payment
The Fee for a Course, the price of any Goods (if not included in the Fee) and any additional charges are those set out in our price list current at the date of the booking or such other price as we may agree in writing.
Payment for a Course must be made by the Customer at the time of the booking online, at least 24 hours in advance of the date of the Course. You must pay online via our website, and we have a range of payment options, including card, Apply Pay, Google Pay or Paypal.
Fees are not refundable, but TOMA recognises your statutory rights and allows a 14 day ‘cooling off period’, proving a Course date is not within 14 days of a Customer booking and paying for a Course.
Delivery
We will deliver a Course, including any Goods, to the Delivery Location at the time or within the agreed period or, failing any agreement, within a reasonable time.
In any case, regardless of events beyond our control, if we do not deliver a Course on time, you have the right to receive a refund, and the Customer is entitled to treat the Contract at an end. We will (in addition to other remedies) without delay, return all payments made under the Contract.
If you fail, through no fault of ours, to attend a Course, the Fee is nonrefundable.
We may consider issuing a Fee credit for a future Course, if your failure to attend a Course was outside your control. You should make an application to the Course tutor using the email info@tomaacademy.co.uk.
Conformity
Most of our Courses are accredited by ThinkTree Hub Limited.
We will deliver a Course with reasonable skill and care, using qualified and experienced tutors.
Anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about a Course, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about a Course after entering into this Contract. Anything you consider is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, Termination and Suspension
The Contract continues as long as it takes us to deliver a Course.
Either you or we may terminate the Contract or suspend a Course at any time by a notice of termination or suspension emailed to the other, if that other:
commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the notice:
or is subject to any step towards its bankruptcy or liquidation.
On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation about your personal information.
You should read these Terms and Conditions alongside, and are in addition to our Privacy Notice, which you can find on our website.
For the purposes of these Terms and Conditions: ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
‘GDPR’ means the UK General Data Protection Regulation.
‘Data Controller’, ‘Personal Data’ and
‘Processing’ shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing a Course to you.
Where you supply Personal Data to us so we can provide a Course to you, and we Process that Personal Data while providing a Course to you, we will comply with our obligations imposed by the Data Protection Laws: before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected by us,
we will only Process Personal Data for the purposes identified,
we will respect your rights in relation to your Personal Data, and
we will implement technical and organisational measures to ensure your Personal Data is secure.
By accepting these T&C, you are consenting that we can:
put your contact details (full name, email and mobile) on a list of Course members,
would be willing to join a Course WhatsApp group (you are free to leave at any time),
Keep you informed about its services and Courses by email for a 12-month period from the date of a Course, and
use your name and photo in our newsletter, website, and other social media outlets for a 12-month period from the date of a Course.
For any enquiries regarding our Privacy Notice or consents, you can e-mail complaints@tomaacademy.co.uk.
For any complaints regarding Privacy or consents, please email complaints@tomaacademy.co.uk.
Circumstances Beyond the Control of Either Party
In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other party as soon as reasonably practicable; and
the party’s obligations will be suspended as far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not avoid, but this will not affect the Customer’s above rights relating to delivery.
Excluding Liability
We do not exclude liability for:
(i) any fraudulent act or omission; or
(ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations.
Subject to this, we are not liable for
(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
(ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying a Course wholly or mainly for your business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
The law of England and Wales govern the Contract (including any non-contractual matters).
Disputes can be submitted to the authority of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland, respectively.
We try to avoid any dispute, so we deal with complaints as follows: TOMA Complaints Policy and Procedure is available on our website.
We aim to follow our Code of Ethics and Professional Conduct, a copy is available on request, email info@tomaacademy.co.uk.