Any reference to the Website in these Terms and Conditions is a reference to www.trinityrock.com or http://trinityrock.trinitycollege.co.uk. Any reference to an Exam in these Terms and Conditions is a reference to our Rock and Pop examinations. Any reference to an Entry application means a request by you for an Exam to be arranged by Trinity College London and for your performance at that Exam to be assessed by an examiner from Trinity College London in accordance with its relevant Syllabus and applicable rules and regulations.
Please understand that if you refuse to accept these Terms and Conditions, you will not be able to book any Exams from our Website.
1. ABOUT US
1.1 We are Trinity College London (we, us, our), a private company limited by guarantee registered in England and Wales (registered number 02683033) whose registered office is at 110 Southwark Street, London SE1 0TA, United Kingdom. We are also a registered charity in England and Wales under no. 1014792. Our UK VAT registration number is 680767793.
1.2 We are regulated by the Office of Qualifications and Examinations Regulations (OFQUAL), the organisation responsible for maintaining standards across general and vocational qualifications in England and vocational qualifications in Northern Ireland. For further information, please go to: www.ofqual.gov.uk.
1.3 If you have any questions, complaints or comments concerning the Website or if you require any support in relation to your use of the Website, you can contact us using the following e-mail address: TOL.firstname.lastname@example.org.
2. ONLINE BOOKING FACILITY
2.1 Our Exams are currently available to be booked online in the UK only.
2.2 Please note we will not take any online bookings for Exams or confirm any online bookings made after the Exam’s corresponding Entry closing date as stated on our Website. Entry closing dates are normally scheduled to fall 60 days before the actual date of the Exam.
2.3 PLEASE NOTE THAT WE RESERVE THE RIGHT TO CANCEL OR POSTPONE AN EXAM DATE AT SHORT NOTICE, IN WHICH CASE YOU WILL BE ENTITLED, AT YOUR DISCRETION, TO TAKE THE EXAM AT OUR PROPOSED LATER DATE, OR TO RECEIVE A FULL REFUND OF ANY ENTRY FEE YOU HAVE PAID TO BOOK THE EXAM ON THE ORIGINAL DATE.
3. YOUR STATUS AS A CANDIDATE
If the candidate is 18 years old or over at the time of booking:
3.1 By booking your Entry through our Website, you warrant that you are legally capable of entering into binding contracts.
If the candidate is under 18 years old at the time of booking:
3.2 If you wish to enter an Exam but are under 18, you must get your parent or legal guardian to agree to these Terms and Conditions and make payment on your behalf.
4. HOW A CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Following your Entry application, you will receive an e-mail from us acknowledging receipt. Please note that this does not mean that your Entry application has been accepted. Your Entry application constitutes an offer to us to book your Entry at an Exam on a specified day at a specified location. All Entry applications are subject to acceptance by us, and we will do so by sending you an e-mail that confirms that we have accepted your Entry to your chosen Exam (an Entry Confirmation). The contract between us will only be formed when we send you an Entry Confirmation.
4.2 The contract between us will relate only to those Exam Entries we have confirmed in the Entry Confirmation. We will not be obliged to arrange, or assess you in, any other Exam which may have been part of your booking until your Entry to that other Exam has been confirmed in a separate Entry Confirmation.
4.3 Once you have received your Entry Confirmation for an Exam, these Terms and Conditions apply to any re-sit of that Exam which you may be entitled to take in accordance with our applicable rules and regulations.
5. CANDIDATE CANCELLATION RIGHTS OVER ONLINE BOOKINGS
This clause 5 only applies if you are contracting as an individual candidate (that is, as a consumer) enrolling through our Website in the UK.
5.1 If you are a candidate enrolling through our Website in the UK, you have a statutory right to cancel for any reason within a period of 14 days after the day on which the exam was booked (Cooling-Off Period) and receive a refund subject to our right to retain a reasonable portion of the Entry Fee to reflect the work undertaken by us up to the point of cancellation (please see our refunds policy below).
5.2 To cancel an Entry booked through our Website, you must inform us in writing at email@example.com.
5.3 This provision does not affect your other statutory rights as a consumer.
5.4 If, due to the time period between booking your Exam and taking your Exam, you are due to take the Exam before the expiry of the Cooling-Off Period, then you expressly request that we begin the supply of services (ie the provision of the Exam) before the end of the Cooling-Off Period.
6. ENTRY FEES AND PAYMENT
6.1 All of our Exams are subject to an examination fee payable to us (an Entry Fee), which may be subject to change from time to time. Changes to our Entry Fees will not affect those Entry Fees in respect of which we have already sent you an Entry Confirmation.
6.3 The relevant Entry Fee must be paid in full by credit or debit card at the time of making your Entry application.
6.4 If payment is not made in the currency specified for the country where you intend to take your Exam, your Entry application will not be processed and your payment will be rejected and/or returned.
6.5 If your credit card is declined, your Entry application will not be processed. You will be responsible for making a new Entry application using a valid form of payment.
6.6 Entry Fees at present do include VAT or other sales tax. However, if VAT or any other sales tax becomes applicable between the date of your Entry Confirmation and the date of the Exam, we reserve the right to adjust the VAT or other sales tax due by you.
6.7 Our Website offers a large number of Exams at various grades, and it is always possible that, despite our best efforts, the Entry Fees for some of the Exams listed on our site may be incorrectly priced. We regularly verify Entry Fees as part of our standard procedures so that, where the price stated for an Entry Fee price is actually less than that stated on our Website, we will refund the difference on notice or discovery of the difference. If an Exam’s correct Entry Fee is higher than that stated on our Website, we will normally, at our discretion, contact you with instructions on how to make an additional payment if you wish to proceed by paying the correct Entry Fee instead, or cancel your Entry and notify you that we are rejecting it.
7. OUR REFUNDS POLICY FOR ONLINE BOOKINGS
7.1 If you have booked an Entry through our Website in the UK, in the event you wish to cancel your Entry:
(a) subject to clause 7.2 (b) below, if within the statutory Cooling-Off Period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which you gave us notice of cancellation. In this case, we will refund 100% of the relevant Entry Fee.
(b) if after the Cooling-Off Period, we will not offer any refund.
7.2 If you paid by credit/debit card, any refund will be credited back to the original credit/debit card or bank account. However, you will remain responsible for all credit card processing charges and other transaction charges levied on your payment at the time of paying for your Entry Fee online.
8.1 Unless we are prevented from doing so by a Force Majeure Event, we will assess your performance in your chosen Exam with reasonable care and skill in accordance with our applicable rules and regulations, and in compliance with all applicable statutory and regulatory requirements in the United Kingdom.
8.2 This warranty is in addition to your legal rights in respect of any assessment by us which is not carried out with reasonable skill and care or which otherwise does not conform with these Terms and Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9. OUR LIABILITY TO A CANDIDATE
If you are contracting as a business, this clause 9 does not apply. Please see clause 10 instead.
9.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into our contract.
9.2 We do not in any way exclude or limit our liability:(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation;
(c) under Part I of the Consumer Protection Act 1987; or
(d) for any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
9.3 We may provide links on our Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that third party products you purchase from those third party sellers will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. You will be notified under their relevant terms and conditions when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller so that they may process your order accordingly. The third party seller's individual liability will be set out in their own terms and conditions. If you are contracting as a consumer, this disclaimer does not affect your statutory rights against us. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux.
10. OUR LIABILITY TO A BUSINESS
This clause 10 does not apply if you are contracting as a candidate (that is, a consumer). Please see clause 9 instead.
10.1 Subject to clause 10.3, if we fail to comply with these Terms and Conditions, we will only be liable to you for the refund of the relevant Entry Fees to your candidates for our Exams and, subject to clause 10.2, any losses that you suffer as a result of our failure to comply with these Terms and Conditions (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
10.2 Subject to clause 10.3, we will not be liable for losses that result from our failure to comply with these Terms and Conditions that fall into the following categories, even if such losses result from our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 10.2 will not prevent claims for loss of or damage to your physical property that are foreseeable, or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 10.2.
10.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) any deliberate breaches of these terms and conditions that would entitle you to terminate the relevant Entries; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.4 Where you buy any product from a third party seller whose website is linked to our Website, that seller's individual liability will be set out in their terms and conditions.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. NOTICES AND COMMUNICATIONS
All notices given by you to us must be given to Trinity College London at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when making your Entry application, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS IF YOU ARE A CANDIDATE
This clause 13 does not apply if you are a business. Please see clause 14 instead.
13.1 We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under your contract with us.
13.2 You may only transfer your rights and obligations under your contract with us if we agree to this in writing.
14. TRANSFER OF RIGHTS AND OBLIGATIONS IF YOU ARE A BUSINESS
This clause 14 does not apply if you are contracting as a consumer. Please see clause 13 instead.
14.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of that contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
15.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
16.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
16.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
16.4 If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16.5 If you are contracting as a business, this clause does not apply. Please see clause 16.6 instead. If you are contracting as a candidate (that is, a consumer), we intend to rely upon these Terms and Conditions and any documentation expressly referred to in them in relation to the subject matter of our contract with you. Please make sure you ask for any variations from these Terms and Conditions to be confirmed to you by us in writing.
16.6 If you are contracting as a candidate, clauses 16.6 and 16.7 do not apply to you. Please see clause 16.5 instead. Each of us agrees that our only liability in respect of those representations and warranties that are set out in these Terms and Conditions (whether made innocently or negligently) will be for breach of contract.
16.7 Nothing in this clause 16 limits or excludes any liability for fraud or fraudulent misrepresentation.
16.8 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
16.9 You will be subject to the policies, Rules and Regulations, and Terms and Conditions in force at the time that you book Entries from us, unless any change to those policies, Rules and Regulations or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to Entries previously booked by you), or if we notify you of the change to those policies, Rules and Regulations, or these Terms and Conditions before we send you the Entry Confirmation (in which case we have the right to assume that you have accepted the change, unless you notify us to the contrary within seven working days of notice).
16.10 A person who is not party to these Terms and Conditions or a contract under them will not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
16.11 These Terms and Conditions are governed by and are to be construed in accordance with English law. You agree that the courts of England will have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions.