Terms and Conditions

  1. Access to LINC

    1. LINC can be accessed through self-referral and is accessible for anyone.

      1. Referrals can be made via email or telephone.

      2. Examples why people may access LINC includes, but not limited too:

        1. Mood - feeling low, hopeless, anxious;

        2. Bereavement/grief;

        3. Stress;

        4. Bullying/harassment;

        5. Needing to talk to someone;

        6. If you are accessing other mental health services;

        7. Difficulties sleeping;

        8. Concerns about alcohol/substance use;

        9. Personal issues affecting your work;

        10. Work-related stress.

      3. If LINC feel unable to provide a service, the therapist/manager has a right to suggest alternative therapies and stop the current therapy if they feel it is unsuitable for the individual.

  2. LINC is not a replacement for psychiatric referrals or assessments.

  3. Mental wellbeing training

    1. All managers will be provided with mental wellbeing training. Managers are expected to attend these training sessions.

    2. Training will be rolled out to relevant staff members, as identified by their managers.

 

 

1. Bookings

1.1. LINC courses can be booked via email, telephone, online or in person.

1.2. 48 hours notice is required to cancel an appointment.

1.3. If a client is found to cancel or miss appointments on more than 1 occasion without good reason, the manager of LINC reserves the right to not re-issue appointments.

1.4. Should a client arrive late to an appointment, their appointment will finish at the original finishing time.

2. Attendance

2.1. Attendance to training is granted if the following conditions are met:

2.1.1. Unless otherwise arranged course fees are paid in full prior to the course starting;

2.1.2. Course candidates meet the criteria to attend the desired training course;

2.1.3. Managers and candidates can demonstrate a need for the desired training in their area

of business or work place.

2.2. Unless otherwise stated, course places are filled on a first-come, first-served basis.

3. Payment

3.1. Payment for training must be received in one of the following ways:

Option 1 Payment in Full - Invoiced

Option 2 20% Deposit before course - 80% post course

Option 3 Monthly installments (A minimum of £500 is required to qualify for a payment plan).

3.2. Credit/debit card payments are processed using Citipay.

3.3. Payments which are more than 30 days late will incur a 5% charge of the total bill. Payments between 60 and 89 days late will incur a 10% charge of the total bill. Payments 90 days or more late will incur a 40% charge of the total bill.

4. Cancellations

4.1. Cancellations made by the candidate, their line manager or their place of business, for any

reason, will be subject to the following cancellation schedule:

4.1.1. Number of Days Notice Proportion of Fees Payable

0 - 14 100%

15 - 28 50%

29 + 0%

4.2. In the event that we have to cancel your course, you will be offered an alternative training date.

If this alternative date is not suitable, you will receive a full refund.

4.3. LINC will not be held liable for any transport or accommodation costs in the unlikely event of a course being cancelled.

4.4. Please note, due to circumstances beyond Care Academy’s control, speakers, venue, content and timings may vary. Care Academy reserves the right to cancel or re-schedule the event if necessary. In the case of cancellation by Care Academy a full refund of course fees will be made. In the event of a re-schedule course fees will be transferred to the new date. Delegates who cannot make the revised date should follow the cancellation or delegate substitution procedures above, delegates will not be required to request cancellation 28 days before the course if the new date makes this impossible.

5. Transfer of course places

5.1. Course places are non-transferable. As such, if a candidate cannot make the training that they were scheduled to attend, they will have to cancel their place.

5.2. The cancelled place will be filled at the discretion of the Care Academy Manager, and may

depend on if a waiting list is held for the course.

6. Waiting lists

6.1. In the event of a training course being full, the candidate’s name may be added to a waiting list. Course fees will not be charged until a place is confirmed on the training course.

6.2. Unless otherwise stated, waiting lists are managed on a first-come, first-served basis.

6.3. Being on a waiting list for a course does not give automatic right to the same training course on the next date. If a candidate is on a waiting list but is unable to secure a place on the desired training course, they must reapply to book onto the next available course date.

7. Discounts

7.1. Care Academy, may, at its discretion offer discounts on courses or events. Discounts are subject to availability and only one discount code or offer can be redeemed per booking.

7.2. Course candidates who have booked a course or event using a discount code or offer, and need to cancel their place will only be refunded the monies paid, and not the full cost of the course.

8. Sickness/inclement weather

8.1. In the event of sickness/inclement weather being the cause of course cancellation, the

cancellation information above will stand.

8.2. In the event of inclement weather, we will endeavour to contact course candidates as soon as possible to notify them of training cancellations.

9. Force majeure

9.1. In the event of causes beyond the control of Care Academy occurring, Care Academy will not be liable for any of its obligations under these Terms and Conditions.

9.2. Examples include, but are not limited too: fires, riots, labour disputes, insurrection, delays in transport, inability to obtain supplied, requirements or regulations of any civil or military duty, jury duty, act of God, war, requisition or restriction of energy consumption.

9.3. In such an event, Care Academy shall be entitled a reasonable extension of time for the

performance of any of its obligations delayed by any such events.

10. Grievances

10.1. Any grievances that arise as a result of training or teaching provided by the Care Academy, must be reported and dealt with.

11. Equal Opportunities

11.1. All course candidates will be given equal opportunities to learning, teaching and support.

11.2. If a candidate feels that they have been treated unequally, this must be raised.

12. Data Protection

12.1. All candidate data will be stored safely, in accordance with the Data Protection (Jersey) law 2018.

12.1.1. Mandatory training records are kept for 10 years; all other training records are kept for

6 years.

12.1.2. Signing up for and attending a course is taken as permission for Care Academy to use

the data provided by the candidate or their manager for the purposes of training only.

12.1.3. Data held by Care Academy as Data Controller:

12.1.3.1. Business & trading names;

12.1.3.2. Trading addresses, and information on Customer activities;

12.1.3.3. Phone, email and social media contact information;

12.1.3.4. Details on students, employers, training managers and tutors including their names, roles, titles and contact details;

12.1.3.5. Past communications with the Customer and its employees ( in the form of

email, letter and phone records);

12.1.3.6. Details of the Customer’s IT installation and licensing;

12.1.3.7. Access codes and instructions for computer based exams;

12.1.3.8. Mock exams and class exercises;

12.1.3.9. Comments, Complaints, Compliments register;

12.1.3.10. Health and Safety log;

12.1.3.11. Student reporting – A requirement where a student is funded by an employer. Opt in consent is given by the students for Care Academy to release; attendance, mock scores and comments on performance;

12.1.3.12. Installment agreements – Care Academy requires contractual agreements for

students who pay monthly. This encompasses name, address and bank details;

12.1.3.13. Enrollment forms – Care Academy requires a contractual enrollment form for a

classroom course.

12.1.4. The data may be held for:

12.1.5. Accounting and Billing purposes;

12.1.6. Other associated business and sales activities;

12.1.7. Course administration; attendance, mock exams, student reports to employers.

12.2. In regards to this processed data, Care Academy shall;

12.2.1. Process the Personal Data only on documented instructions, or under contract from our

Customers;

12.2.2. Ensure that persons authorised to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

12.2.3. Take all measures required pursuant to Article 21 of the DPR;

12.2.4. Respect the conditions referred to in paragraphs (a) and (c) if engaging another processor or sub processor;

12.2.5. Take into account the nature of the processing, assist Customers by appropriate technical and organisational measures, insofar as this is possible, for the fulfillment of the customers obligation to respond to requests for exercising the data subject's rights laid down in PART 6 of the DPR;

12.2.6. Assist Customers in ensuring compliance with the obligations pursuant to Articles 21 to 22 of the DPR, taking into account the nature of processing and the information available to Care Academy;

12.2.7. At the choice of the Customer, delete or return all the Personal Data to the customer after the end of the provision of services relating to processing, and delete existing copies unless Jersey law requires storage of the Personal Data;

12.2.8. Make available to the Customer all information necessary to demonstrate compliance with the obligations laid down in Article 23 of the DPR and allow for and contribute to audits, including inspections, conducted by Customer or another auditor mandated by Customer.

12.3. Any concerns regarding data protection must be raised with the Care Academy Manager.

13. Quality Assurance

13.1. Quality assurance is provided both internally and externally, as per the regulations of the course provider.

13.2. Any concerns regarding Quality Assurance must be directed to the Care Academy Manager or the Compliance and Special Projects Manager.

14. Confidentiality

14.1. Confidentiality will be respected at all times.

14.2. In the event that a trainer is made aware of poor practice, a safeguarding concern, or illegal

activity, that trainer must report this information to the Care Academy Manager.

14.2.1. The Manager must then act appropriately, which may include making a Safeguarding referral, or contacting the police and inform the Care Academy’s Special Projects Manager must also be notified.

15. Care Academy responsibilities

15.1. Care Academy is responsible for:

15.1.1. Providing and delivering training which is accessible to external candidates;

15.1.2. Keeping appropriate training records;

15.1.3. Meeting the learning requirements of individuals, as far as is practicably possible.

15.1.4. Providing training in a safe and secure environment which is conducive to learning;

15.1.5. Providing training which is matched against current frameworks and standards

applicable to healthcare in Jersey;

15.1.6. Making accessible to course candidates the policies which are applicable to them when

attending training.

16. Customer manager responsibilities

16.1. All customer managers are responsible for:

16.1.1. Ensuring that information and skills gained from Care Academy training is implemented

in the manner that the course candidate was trained;

16.1.2. Monitoring compliance of the implementation of training;

16.1.3. Evaluate the effectiveness of the training in their area of work;

16.1.4. Accept responsibility for the overall training and development in their place of work;

16.1.5. Follow through with training with any work-based competency documents relevant to

that candidate and their training;

16.1.6. Accept responsibility for the signing of any work-based competency documents signed

during the candidate’s employment;

16.1.7. Accept responsibility for ensuring that employees have access to, and are up-to-date in mandatory and statutory training, and any other training relevant to the employees role.

17. Course candidate responsibilities

17.1. Course candidates who are employees of any companies are responsible for attending training that has been arranged for them to attend.

17.2. Course candidates are required to:

17.2.1. Act in a positive manner, conducive with a positive learning environment;

17.2.2. Notify their trainer if they feel that they require additional learning support to help them achieve their training requirements, i.e. disability, dyslexia, dyspraxia, dyscalculia, English as a second language. Trainers cannot assume physical, mental or learning disabilities and cannot assume support which may be required;

17.2.3. Be respectful of the views, backgrounds and experiences of others.

17.2.4. Be responsible for their own performance when applying training in their own place of work;

17.2.5. Be punctual for training. You may not be able to attend a course if the trainer deems that you have missed significant information at the beginning of the course which is relevant to overall achievement. The trainer is not obliged to offer one-to-one support during break times, lunchtimes or after the training in order to ‘fill-in’ what the late candidate missed;

17.2.6. Be responsible for engaging with their trainer if they do not understand their training;

17.2.7. Be responsible for applying training in their place of work within the scope of their role,

their limitations and the training received.

17.3. Candidates who work for external companies must notify their line manager if they cannot attend training, and must organise their own re-attendance. External candidates must follow their own company policies for informing their line managers if they cannot attend training.

17.4. The trainer has the right to ask candidates to leave and not return for the remainder of the training course if the candidate exhibits poor behaviour. Poor behaviours may include, but are not limited too:

17.4.1. Continuous use of foul language;

17.4.2. Deliberate non-participation;

17.4.3. Inappropriate use of social media in class.

17.4.4. In the event of a candidate being asked to leave a training session, then the full cost of the training will still apply.

17.5. Course candidates who are responsible or accountable to a code of conduct or professional body

must work within the limitations set by those codes and bodies;

17.5.1. Nurses are accountable to the Nursing and Midwifery Council via the NMC ‘The Code Professional standards of practice and behaviour for nurses and midwives’ (2015);

17.5.2. Healthcare support workers are responsible to the States of Jersey ‘Code of Conduct for Healthcare Support Workers and Adult Social Care Workers in Jersey’ (2015);

17.5.3. Counsellors and psychotherapists are accountable to the British Association for Counselling and Psychotherapy or the UK Council for Psychotherapy, as relevant.

18. Certification

18.1. Certificates are included within the course fees and will be awarded following attendance of training. Certificates are either printed in-house, or are provided externally. Externally provided certificates may therefore have a delay in being distributed.

18.2. If training requires follow-up work, such as a portfolio of work, certificates will be awarded

following the successful completion of such work.

18.3. Replacement certificates will be charged as follows:

18.3.1. ALERT - £18;

18.3.2. BEACH - £8;

18.3.3. Any other certificate - £6.

18.3.4. Replacement certificates as a result of a misspelled name which was an error will incur a charge by the candidate. Candidates must ensure that their names are spelled correctly on the register when attending the training session.

18.3.5. Replacement certificates will be available for collection from the Care Academy. Postage of certificates will incur an additional postage and packaging fee.

19. Course evaluation

19.1. Training sessions must be evaluated in order to ensure quality of training provided.

19.2. Candidates are not obligated to fill out evaluation forms, however trainers must make a concerted effort to collect course feedback.

19.3. Managers are encouraged to feedback the effects of training to the Care Academy Manager, in order that the service may be continued or improved as required.

20. Changes and withdrawal of courses

20.1. Dependent on the standards and frameworks applicable in Jersey, standards set by course providers and best practice guidelines, Care Academy reserve the right to amend the contents of training courses without notice.

20.2. Dependent on the demand for a training course, Care Academy reserves the right to cancel courses if minimum numbers are not met.

21. Photography and video

21.1. On occasions, Care Academy may take photographs and videos which may be used for teaching and learning purposes, and promotion of events and courses run by Care Academy (both online and in print).

21.2. By booking onto and attending an event or course held by Care Academy, course candidates are agreeing that they are aware of this practice, and have no objections to their image or voice being used for these purposes.

21.3. If a course candidate does not wish to have their image of face recorded, this must be raised with the Care Academy manager as soon as possible.

22. Termination

22.1. Either party may terminate the agreement upon the receipt of written notice where the other party is found to be in breach of its obligations under the contract.

22.2. Where such a breach is capable of remedy, the notice shall become immediately effective upon the failure to remedy the breach and the expiry of 30 days of the date of the notice.

22.3. Where the breach is not capable of remedy, the notice shall be immediately effective.

22.4. Where the conditions at the customer’s site have materially altered, or the customer requirements have materially altered, either through the actions of the customer of a third party, Care Academy reserves the right to terminate the contract.

22.5. Should the customer become involved in becoming insolvent, as defined by the Bankruptcy (Jersey) law (1990); or subject to winding up as defined by the Companies (Jersey) law (1991); or should a receiver or administrator be appointed in respect of any part of its business, then OST shall be entitled to terminate a relevant service contract immediately and claim for the full cost of any completed work and the cost of bringing any incomplete work to an orderly conclusion.

23. Liability & Warranties

23.1. Care Academy warrants that it will use reasonable care in performing its obligations under the Service Contract to a standard which conforms to generally accepted industry standards and practices.

23.2. Care Academy expressly does not warrant that any result or objective, whether stated in the Service Contract or not, shall be achieved, be achievable or be attained at all or by a given date.

23.3. The customer acknowledges that time shall not be of the essence unless expressed to be so in writing signed by Care Academy.

23.4. Care Academy shall not be responsible for any loss of data by the customer unless caused by its own fault or negligence.

23.5. Care Academy’s liability under or in connection with the Service Contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed the sums paid to Care Academy under the Service Contract in the 12 months immediately preceding the alleged wrongful act.

23.6. Neither party shall be liable to the other party in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profit, business or goodwill.

23.7. The Customer shall indemnify and hold harmless Care Academy and all directors, officers, employees and agents of Care Academy from and against any and all claims, damages, losses, liabilities, actions, demands, proceedings and expenses arising out of or relating to the use of any Software by the customer.

23.8. The Customer acknowledges that, in entering into the Service Contract, no reliance is placed on any representation, warranty or other provision except as expressly provided in the Service Contract, and any conditions, warranties or other terms implied by statute or otherwise are excluded to the fullest extent permitted by law. For the avoidance of doubt, the customer agrees that all restrictions of Care Academy’s liability contained in the Service Contract, including these terms, are fair and reasonable for the purposes of the Supply of Goods and Services (Jersey) Regulations 2010 (as amended).

24. Assignment

24.1. The customer shall not assign, transfer, novate, charge, part with possession or otherwise dispose of any of its rights or obligations here under without the prior written consent of Care Academy such consent not to be unreasonably withheld or delayed.

25. Notices

25.1. Any notice document or request to be given or served here under may be given or served by sending it by hand, email or by special delivery post to the address of Care Academy or the customer. Any notice document or request sent shall be deemed to have been given: (a) in the case of delivery by hand when delivered; (b) in the case of email, during business hours, the receipt rule applies unless system error, whereby there will be no fault on either party; (c) in the case of special delivery post, 3 working days after the date of posting.

26. Headings

26.1. The headings of clauses in these terms and conditions are included for convenience and shall not affect the interpretation or construction of these terms and conditions.

27. Severability

27.1. If any provision in this agreement shall be found to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this agreement and all provisions not affected shall remain in full force and effect.

28. Entire Agreement

28.1. The Service Contract contains the full and complete understanding between Care Academy and the customer and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of the Service Contract and may not be varied except by an instrument in writing signed by all of the parties to this agreement.

29. Law

29.1. Each contract between Care Academy and the customer shall be governed by and construed in accordance with law of the Island of Jersey and both Care Academy and the customer agree to submit to the non-exclusive jurisdiction of the courts of the Island of Jersey.

 

 

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