Study Nutrition online at home with The BTN Foundation Academy, an AfN Certified course

1. Definitions

• In these conditions when the following words with capital letters are used in these Terms, this is what they will mean:
  • Event Outside Our Control: is defined in paragraph 8, bullet point 2;
  • Order: the Customer’s order for the Services as set out in the Academy’s FAQ and T&Cs;
  • Services: the services that the BTN Academy is providing to you as set out in the Order;
  • Terms: the terms and conditions set out in this document;
  • We/Our/Us: means the BTN Academy (which is the trading name of Ben Coomber Ltd); and
  • You: means the Customer.
• When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.

2. Our contract with you

• These are the terms and conditions on which We supply Services to you.
• Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign the Order. If you think that there is a mistake please contact Us to discuss.
• When you sign and submit the Order to Us, this does not mean We have accepted the Customer’s order for Services. Our acceptance of the Order will take place as described in paragraph 2, bullet point 2. If the BTN Academy is unable to supply you with the Services, We will inform you of this and We will not process the Order.
• These Terms will become binding on you and Us when We issue you with a written acceptance of an Order or We contact you to tell you that the BTN Academy is able to provide you with the Services, at which point a contract will come into existence between you and Us.

3. Changes to order or terms

• If you wish to cancel an Order before it has been fulfilled, please see the Customer’s right to do so in paragraph 9.

4. Providing services

• We will supply the Services to you from the date set out in the Order or the date agreed between Us.
• We will make every effort to complete the Services on time as in accordance with the provision of the Adademy's FAQ and T&Cs. However, there may be delays due to an Event Outside Our Control. See paragraph 8 for Our responsibilities when an Event Outside Our Control happens.
• We may have to suspend the Services but We will contact you to let you know in advance where this occurs, and will give you at least 24 hours notice of any suspension unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this paragraph 4, bullet point 3 but this does not affect the Customer’s obligation to pay any invoices We have already sent you for Services already supplied.
• If you do not pay Us for the Services when you are supposed to as set out in paragraph 6.3, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest under paragraph 6, bullet point 4.

5. If there is a problem with the Services

• In the unlikely event that there is any problem with the Services please contact Us at complaints@bencoomber.com and tell Us as soon as reasonably possible. Please give Us a reasonable opportunity to respond to your complaint.
• As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about the Customer’s legal rights is available from the Customer’s local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

6. Price and payment

• Any price and fee set out in the Order will apply. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
• These prices include VAT.
• For the avoidance of doubt you will be expected and contractually bound by the requirement to pay the first six months [the Fixed Term] of your fees, irrespective as to whether you continue on the course up to and including the expiry of the Fixed Term or the contract is terminated by the Company due to any breach of contract by you.
• Where the BTN Academy is providing Services to you, We may ask you to make an advance payment. Your rights to a refund on cancellation are set out in paragraph 9. We will invoice you for the balance, if any, of the Services as set out in the Order above, and if the Order is silent on the point then when or any time after We have performed the Services. Invoices are due for payment at the date of invoice.
• If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
• However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, paragraph 6.4 will not apply for the period of the dispute.

7. Our liability to you

• Subject to paragraphs 7, bullet points 2, 4 and 8, if We fail to comply with these Terms, the BTN Academy is responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but the BTN Academy is not responsible for any loss or damage that is not foreseeable or is your responsibility. 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 this contract.
• We only supply the Services for your private use. You agree not to use the Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• We do not exclude or limit in any way Our liability for:
  • death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
  • breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples.
• Subject to the clause found in paragraph 7, bullet point 3:
  • We are not liable for your performance at any interview or for what you say at an interview, which is your responsibility; and
  • Our total liability to You in respect of the Services in respect of all and any claims brought by You, including for breach of contract, negligence or other default, except where specifically noted to the contrary in the above Order, is in all cases £750, which we consider is reasonable bearing in mind the nature of the Services.

8. Events Outside Our Control

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
• An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
• If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
• We will contact you as soon as reasonably possible to notify you; and
• Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
• You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see the Customer’s cancellation rights under paragraph 9. We will only cancel the contract if the Event Outside Our Control continues for longer than 2 weeks in accordance with Our cancellation rights in paragraph 9.

9. Your rights to cancel and applicable refund

• Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because the BTN Academy is affected by an Event Outside Our Control or if We change these Terms under paragraph 3, bullet point 1 to the Customer’s material disadvantage:
• you may cancel any Order for Services at any time before the start date for the Services provided you give Us at least 24 hours advance notice prior to any agreed start time or meeting time for the Services;
• if you cancel an Order under paragraph 9, and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you, unless you have failed to give at least 24 hours notice of cancellation. If you give at least 24 hours advance notice of cancellation then we will give you a full refund. If you fail to give at least 24 hours notice of cancellation then: (a) We will not refund any advance payment of £100 or less, and (b) any refund of any advance payment to the extent it is above £100 will be entirely at our discretion.
• If you cancel an Order for Services under paragraph 9, bullet point 1 and We have already started work on the Customer’s Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us.
• However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
• Once We have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing Us with at least 14 calendar days' notice in writing and any advance payment you have made for Services that have not been provided will be refunded to you.
• Upon signing up for either the BTN Foundation or Practical Academy live courses, a minimum of 1 month must be paid (the “Fixed Period”). This fee is not refundable if the Student wishes to cancel. Should the Student wish to terminate their place on an Academy, they must email tom@btnacademy.com with written notice of the cancellation immediately. This does not impact on any statutory consumer rights that the Client has.
• The BTN Academy does not offer refunds for any Students who sign up to the Academy and wish to cease studying before the courses are finished. However, we will consider this in extenuating circumstances at the Company's discretion. Any refunds that are issued with take 5-7 working days to be processed by our accounts department, and a further 5-7 days to be paid back into your account.
• All deposits paid to the BTN Academy for any products are non-refundable. We will also not refund for the course in circumstances of non-payment.
• Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
• We break this contract in any material way and We do not correct or fix the situation within 5 days of you asking Us to in writing;
• We go into an insolvent winding up;
• We change these Terms under paragraph 3, bullet point 1 to the Customer’s material disadvantage;
• BTN is affected by an Event Outside Our Control.

10. Our rights to cancel and applicable refund

• We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. If this happens:
  • We will promptly contact you to let you know;
  • if you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
  • where We have already started work on the Customer’s Order for Services, We will not charge you anything and you will not have to make any payment to Us.
• Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 14 calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
• We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
• you do not pay Us when you are supposed to as set out in paragraph 6, bullet point 3. This does not affect Our right to charge you interest under paragraph 6 bullet point 4; or
• you break the contract in any other material way and you do not correct or fix the situation within 48 hours of Us asking you to in writing.

11. Complaints

• In the rare instance that you have a complaint, please send it in writing to complaints@bencoomber.com along with all supporting documents. You will receive an email within 24-48 hours to confirm receipt of your complaint.
• Your complaint will then be investigated fully by our customer services, and reviewed with no bias, based on the facts of the situation. We will respond to you in writing with either a resolution or for further information within a 7 day window and where we can we will advise you regarding the response timescales as the process continues.
• In instances where a resolution cannot be reached – the complaint will be escalated to a higher level of management who will either make a decision or escalate further. A decision will then be made regarding the issue.
• If you are not satisfied with the resolution given and want to appeal against any decision made, you may either ask to speak to our COO in writing, and/or liaise with them regarding further options.

12. Information about Us and how to contact Us

• The BTN Academy is the business of Ben Coomber (see paragraph 1, bullet point 1) who trades as ‘BTN Academy’.
• If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at +44 1473 742512 or by e-mailing Us at hello@btnacademy.com or for complaints on complaints@bencoomber.com.
• If you wish to contact Us in writing, or if any paragraph in these Terms requires you to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), you can send this to Us by e-mail, by hand, or by pre-paid post to Ben Coomber Ltd at Saracens House Business Centre, 25 St Margaret’s Green, Ipswich, Suffolk, IP4 2BN.
• We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order. In each case where notice is given by pre-paid post the notice shall be deemed not to have been given until delivery of the notice at the service address.

13. How may We use your personal information

• We will use the personal information you provide to Us to:
  • provide the Services;
  • process the Customer’s payment for such Services; and
  • inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
• Please refer to our privacy policy for more information.

14. Other important terms

• This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
• Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
• If We fail to insist that you perform any of the Customer’s obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
• These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.
• Intellectual Property. All the intellectual property rights in all materials provided by Us or made available by us on Our website for the purposes of the Services or otherwise shall remain within the ownership of the BTN Academy (or, as the case may be, its licensor). Such intellectual property may only be used by the Customer for the purposes of and limited to this Contract, for his personal use, and must not be copied, modified, disseminated in any way or used by the Customer for the purposes of any trade, commerce or business. Any permission to use such materials is terminable at any time on notice given by the BTN Academy (or, as the case may be, its licensor).
• The BTN Academy website is at https://btn.academy. The use of the website is subject to the Website terms of use published on the website from time to time, which terms of use may be modified by Us at any time. If We make any access credentials and/or log in details available to you at any time they are to be used by You for your personal use only, are not to be disclosed to any other person, and We reserve the right to terminate any access by You or any other person to the website at any time within Our absolute discretion.
• We reserve the right to change these Terms and Conditions at any time, and you agree to abide by the most recent version of this Terms of Conditions each time you view and use the Website. You are accordingly advised to consult the Terms and Conditions each time you view and use the Website and to not use the Website if you do not agree with them.

The BTN Academy (also referred to as "we' or "us" or "our" below) take protecting your privacy seriously and are committed to complying with the General Data Protection Regulation and Data Protect Act 2018. Please use this policy in conjunction with our terms and conditions. By undertaking any of the activities listed in this policy, you agree that we can use your information and use it as detailed below.

Who are the BTN Academy?

We are a limited company that specialises in nutrition education, registered in England and Wales, company number 08414709, under Ben Coomber Ltd. Our registered office is at Saracens House Business Centre, 25 St. Margarets Green, Ipswich, Suffolk, England, IP4 2BN. You can contact us via our contact page here.

Collection your information

We will obtain details from you when you:

• Place an order for on our websites for our products and services. We will collect your name, address, email address and telephone number (where applicable) and your payment details;
• Complete any of our online forms, take part in surveys, download information such as ebooks or other publications or participate in any other ad hoc interactive areas of our website
• Register on our website. Again we will store your name, address, email address and telephone number (if applicable)
• Contact us offline for example by telephone, email or post
• Browse or visit our website, we will collate the information about your site visit or use of our products or services using cookies or similar technologies. Note that our website is currently on a shared server

How we use your information

At the BTN Academy, we use your personal data for internal purposes such as auditing, data analysis, and research to improve the BTN Academy's website, marketing, products, services and customer requirements and communications. 

We may also use it to provide any information on services that you have requested or any products that you have ordered or to contract you directly for feedback on your use of our website, products and services.

From time to time we may send important notices related to purchases and changes to our policies and terms and conditions. We do not allow you to opt out of receiving these types of communications because they often contain very important information that we need to share with you.

Marketing

On occasion, we may use your details to contact you about our products and services, if we believe they may be of interest to you. We usually do this via email, or text.

At any time, you have the right to ask us to stop contacting you for marketing purposes. To do this, please send an email to katie@btnacademy.com with the title OPT OUT. We will remove you within a 30 day time frame.

How we share your information 

Sometimes we may share some of your information with: 

• Our suppliers, such as with third party businesses with whom we are collaborating with to provide a service or product to you
• Third party services that process information for us (such as payment providers, website hosts and our accounting systems). These third parties may have incidental access to your information
• Another organisation to whom we transfer our agreement with you
• With our funders such as our bank, professional advisers such as accountants (if they have a reasonable need to see it) and any potential funders
• In all cases where information is shared, we will ensure your information is kept secure that third parties do not use it for their own purposes. Most of these third parties have their own privacy policies which can be found on their individual websites

All third party companies we use are GDPR compliant and have their own data protection policies.

We may pass collective information about the use of our website, products or services to third parties. However we will not provide details that would directly identify you.

If required by law, we will disclose your information to enforcement authorities (upon request), or to a third party in the context of actual or threatened legal proceedings. We will only do this if we can ensure we don't breach data protection laws.

Cookies and tracking data

A cookie is a small text file that is downloaded onto equipment such as a computer for smartphone when a user accesses a website. It allows the website to recognise the device and store information about the user's past and present actions. Cookies are safe and you can find out more information about them here: http://www.allaboutcookies.org/.

You can turn off cookies but this will affect your experience on our website as some integral features will be limited. To change your cookie settings, or if you want to be notified each time a cookie is about to be used, you should amend the settings provided in your web browser to prevent us from storing cookies on your computer hard drive.

We also use cookies and similar software called pixels to count users who have visited our website after clicking through from one of our advertisements on another website or in emails and to collect details of any products purchased. These collect limited information and it is not possible to identify the user.

Our cookies are used to identify and link website users to their social media accounts. This allows us to contact the user with marketing, changes in procedure, order information and other information directly from the BTN Academy.

We also use a third party website analytics software from time to time on our site. Website visitors who don't want their data used by Google Analytics can install the Google Analytics opt-out browser add-on.

Your rights

You are entitled to request the following from the BTN Academy and these are called your Data Subject Rights:

• Right of access to a copy of the information in their personal data;
• Right to object to processing that is likely to cause or is causing damage or distress;
• Right to prevent processing for direct marketing;
• Right to object to decisions being taken by automated means;
• Right in certain circumstances to have inaccurate personal data rectified, blocked, erased or destroyed; and
• Right to claim compensation for damages caused by a breach of the Act

More information on these on the Information Commissioners website at www.ico.org.uk.

Your personal information

Please do remember to inform us of any changes to your personal information so we can keep our records up to date. If you would like to see a copy of the information we hold about you, you can contact our Data Protection Processor Katie Dixon at Saracens House Business Centre, 25 St. Margarets Green, Ipswich, Suffolk, England, IP4 2BN or via email on katie@btnacademy.com. Should you require a copy of your information, you will need to pay a statutory fee of £10.

Security and storage of information

We take your privacy seriously and will always keep your information secure by using technical measures and internal processes, so it can't be used for unlawful purposes or be lost or damaged accidentaly.

However it is difficult to keep communications such as emails secure, unless they are encrypted as they are sent over the internet. Although we do our best to protect your personal data, we can't guarantee the full security of it when it is transmitted via our website or over the internet, so the transmission of data to us using this facility is at your own risk. We do however use secure connections for our direct debit pages and online forms. 

Please keep any passwords either created by yourself or given to you by us, safe and secure.

Transfers outside Europe

Personal data in the European Union is protected by data protection laws but please be aware that other countries may not protect your personal data in the same way. 

Visiting other sites

If you use a link from our website to go to another site, product or service then our privacy policy will no longer apply. We are not responsible for third party sites and we would encourage you to read all privacy policies pertaining to those sites, products or services. Should you need assistance identifying or finding these, please email katie@btnacademy.com.

Changing our privacy policy

We reserve the right to change our privacy policy at any time and we will always do this via our website, so please ensure you read it regularly. 

More information

If you would like more information about data protection, you can visit the Information Commissioner's site at www.ico.gov.uk.

If you wish to contact us, please email our Data Protection Processor Katie Dixon at Saracens House Business Centre, 25 St. Margarets Green, Ipswich, Suffolk, England, IP4 2BN or via email on katie@btnacademy.com.

Thank you for visiting our website.