Your attention is particularly drawn to the provisions of clause 18 (Limitation of liability).
1.1 Company details. Goldtrowel Academy Ltd (company number 12859652) (we or us) is a company registered in England and Wales and our registered office and main trading address is at Asheton Farm Business Centre, Tysea Hill, Romford, Essex RM4 1JU. Our VAT number is 359-631-274. We operate the website www.goldtrowel.co.uk.
1.2 Contacting us. To contact us, telephone our customer service team at 01708 344 700 or email us at info@goldtrowel.co.uk. How to give us formal notice of any matter under the Contract is set out in clause 24.2.
2.1 Our contract. These terms and conditions (Terms) apply to your booking and to the supply of Services (as defined below) by us to you (Contract). They apply to the exclusion of any other terms you seek to impose or incorporate, or which are implied by law, trade custom, practice, or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print off a copy of these Terms or save them to your computer for future reference.
3.1 Placing your booking. Bookings can be made via our website, by telephone, or in person. Each booking is an offer by you to purchase a place on a specified course (Services), subject to availability on such course and subject to these Terms.
3.2 Accepting your booking. Our acceptance of your booking takes place when we send an email to you (or if no email address has been provided, when we write to you at your correspondence address) confirming your booking (Booking Confirmation). At this point and on this date (Commencement Date), the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Booking Confirmation.
3.3 Booking Confirmation. We will send you payment instructions and course joining instructions. These contain details of the course you have booked, start dates, and the venue. Please ensure you read the Booking Confirmation carefully.
3.4 If we cannot accept your booking. If we are unable to enrol you (the student) on a course for any reason, we will inform you of this by email and will not process your order. If you have already paid, we will refund you the full amount you have paid.
3.5 If the course is not appropriate. If, after accepting your/the student’s enrolment, we discover information which gives us reasonable grounds to believe that the booked course is not appropriate for you/the student for any reason, we may cancel the booking. In that event, unless the reason for cancellation was your non-compliance with these Terms, we will refund you the full amount you have paid, or if the course has already commenced, we will refund you a proportion of the amount you have paid.
4.1 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described. They will not form part of the Contract or have any contractual force.
4.2 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
4.3 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
5.1 Your responsibilities. It is your responsibility to ensure that: (a) The terms of your booking are complete and accurate;
(b) You cooperate with us in all matters relating to the Services;
(c) You are aware that (i) all courses are delivered in English, (ii) workshops and assessments require a reasonable level of physical fitness and health, and (iii) the trades our courses cover can be potentially dangerous if not performed properly. Our courses are only suitable for individuals intending to use the skills developed in the course of their trade.
5.2 Consequences of Your Default. If our ability to perform the Services is prevented or delayed by any failure by you to fulfil your obligations under clause 5.1 (Your Default): (a) We will be entitled to suspend performance of the Services until you remedy Your Default and rely on Your Default to relieve us from the performance of the Services to the extent Your Default prevents or delays performance.
(b) We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services due to Your Default.
(c) It will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
We are unable to perform the Services outside the UK.
7.1 Fees. In consideration of us providing the Services, you must pay our fees (Fees).
7.2 Fee confirmation. The Fees are as set out on our invoice.
7.3 VAT. Our Fees are exclusive of VAT. Where VAT is payable, you must pay such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Fees.
8.1 Due date. Full payment must be made before the course commences, unless we have explicitly agreed in writing to payment by instalments (see clause 8.2). We reserve the right to refuse you/the student entry onto the course if payment has not been made in accordance with this clause.
8.2 Payment by instalments (concession). At our sole discretion, we may accept payment by instalments as a concession; we reserve the right to withdraw this concession at any time without reason. Where we have agreed instalments, you must pay each instalment on the agreed date. Failure to do so may result in immediate withdrawal of the concession and all outstanding Fees becoming due.
8.3 Methods of payment. We accept payment by debit card, credit card (over the telephone or in person), or by BACS/CHAPS transfer.
8.4 Withdrawing from longer courses. If you/the student withdraw from a course that lasts longer than one week and there is no opportunity for us to replace your booking, we reserve the right to demand any outstanding Fees be paid in full.
8.5 Failure to pay. Failure to pay the Fees in accordance with these Terms may result in you/the student losing your/his/her place on all booked courses.
8.6 Assessment paperwork. You/the student’s assessment paperwork and results will not be transmitted to the certification body until all Fees have been paid in full.
8.7 No refunds for failing certification. If you/the student does not achieve certification, you will not be entitled to any refund of the Fees.
8.8 Suspicious payments. We reserve the right to refuse any payment if we are not satisfied as to the identity of the payer or the source of funds, or where we believe it may be unlawful to accept such payment.
8.9 Failed or cancelled payments. For any failed or cancelled payments, a £20 administration fee will be levied.
8.10 Late payment interest. If you fail to pay any sum due under the Contract on the due date, then (without limiting our remedies under clause 19) you will have to pay interest on the overdue sum from the due date until payment, whether before or after judgment. Interest will accrue each day at 4% a year above the Bank of England's base rate from time to time or 8%, whichever is higher.
8.11 Debt collection. If you fail to pay the Fees or any other payment due, we reserve the right to share data relating to your debt with a third party for the purpose of recovering the monies owed.
8.12 No set-off. All amounts due under the Contract must be paid in full without any set-off, counterclaim, deduction, or withholding.
If you obtain finance via any of our finance partners, you must adhere to their terms and conditions regarding the repayment schedule. Any finance agreement is strictly between you and the finance provider.
10.1 Administration fee for date changes. If you wish to change the date of your course or any course package modules, you will be charged an administration fee of £70. Any changes are at our sole discretion and can only be made once. All requests for changes must be made in writing or by email.
10.2 21-day limit. Changes to course dates can only be made if the request is received more than 21 days before the course start date. Any request to change dates made less than 21 days before the course commences will not be permitted, due to (among other reasons):
City & Guilds enrolment requirements;
Registration fees;
Exam scheduling procedures;
Class and tutor allocation already in place.
11.1 NVQs. You have a maximum of 2 years from the date of registration to complete an NVQ qualification. After 2 years, if the qualification remains incomplete, you may still complete it, but you must pay a re-registration fee at the then-current rate (not the rate in effect when you originally registered).
11.2 All other courses. All courses other than NVQs must be completed in their entirety within 18 months of the first training date.
This clause 12 applies if you are contracting as a consumer (i.e., for purposes wholly or mainly outside your trade, business, craft or profession). If you are contracting as a business, the provisions in 12.1–12.4 regarding consumer cancellation periods do not apply.
12.1 Statutory 14-day cooling-off period (for consumers). If you are a consumer, you have the right to cancel this Contract within 14 days of the day you receive your Booking Confirmation (or from the date the Contract is formed, whichever is later), unless:
You request (or agree) that the Services begin during the 14-day cooling-off period; and
You acknowledge that once the course is fully performed or completed, you lose your right to cancel. If you cancel after we have started the Services but before they are completed, you may be liable to pay for the Services provided up to the date of cancellation (on a pro-rata basis).
12.2 Short-notice bookings. If you book 21 days or fewer before the course start date, you may still have a 14-day statutory cooling-off right unless you explicitly request that we begin delivering the course (or make enrolment arrangements) within that 14-day window. In that case, your cancellation right may be reduced or lost altogether if the Services are fully performed.
12.3 Exercising your right to cancel (consumers). If you cancel within the statutory 14-day period and we have not commenced performance of the Services, you will receive a full refund of all payments made, subject to any lawful deduction for services already performed. If we have begun delivering the Services with your prior request or consent, you will only receive a partial refund proportionate to the Services not yet provided.
12.4 Cancellation after the 14-day period or by non-consumers.
If you cancel the Contract (or request a reschedule) more than 21 days before the course start date but after any applicable 14-day cooling-off period has expired (or if you are not entitled to a cooling-off period under consumer law), your deposit will be non-refundable. You will not, however, be required to pay the remainder of the Fees if you have not yet paid them.
If you have already paid the balance, we will refund the balance minus the deposit.
For the avoidance of doubt, deposits are non-transferable and non-refundable, except:
Where you are a consumer cancelling within the 14-day period, in which case clause 12.3 applies;
Where you need to make a booking change in accordance with clause 10 above.
13.1 Attendance. Once a course has commenced, you/the student must attend all sessions necessary to complete the course. The course must be completed continuously; you cannot attend part of the course and complete the remainder at a later date, unless a prior agreement has been made. No refund of Fees will be given for absences.
13.2 Extreme weather or transport issues. In the event of extreme weather conditions (e.g., heavy snow, flooding) or public transport disruptions (e.g., strikes, cancellations), we will endeavour to continue delivering the course using contingencies. It is your responsibility to attend. We are not responsible for issuing refunds or rescheduling if you/the student do not attend due to such conditions or disruptions.
13.3 Exceptional circumstances. If you/the student miss sessions due to exceptional circumstances (at our sole discretion), we may offer a new date to complete the course. We reserve the right to ask for evidence of exceptional circumstances.
14.1 The consumption of alcohol or drugs on our premises is strictly prohibited. We reserve the right to remove you/the student from a course if in our sole discretion your/their behaviour is unacceptable or disruptive. No refund of Fees will be made in such circumstances.
14.2 Disruptive behavior will not be tolerated under any circumstances. The course tutor reserves the right to exercise discretion in removing students from the course if their actions are deemed necessary. This includes situations where a student’s behavior disrupts the learning environment and negatively impacts their peers.
14.3 Abusive Behavior: We maintain a zero-tolerance policy for any form of discrimination, including but not limited to racial, homophobic, sexist, or any other discriminatory language or behavior directed towards students or Goldtrowel staff members. Such conduct is unacceptable and will not be tolerated in any circumstances.
14.4 Violence Policy: Under no circumstances will violence or threatening behavior from students be tolerated. Any student exhibiting such behavior will be immediately removed from the premises and suspended from the course indefinitely, should they be deemed a threat. The safety and well-being of all students and staff are our top priority.
15.1 Use of photographic, video, and sound recording equipment is strictly prohibited within any part of the premises where the course is delivered. Any person found to be using such equipment may be asked to leave, with no refund of Fees.
15.2 Goldtrowel CCTV is actively operational to ensure the safety and well-being of our staff and students. Additionally, it serves to enhance the security of our premises, including the protection of our equipment, materials, and tools.
15.3 Social Media Policy. Goldtrowel reserves the right to film students at any time for promotional and educational purposes. However, students have the option to opt out of any filming or videography by notifying a member of the Goldtrowel team. We are committed to respecting the privacy and preferences of all students regarding their participation in media activities.
All intellectual property rights in or arising out of or in connection with the Services will be owned by us.
17.1 We will use any personal information you provide to us to: (a) Provide the Services;
(b) Process your payment for the Services;
(c) Inform you about similar services we provide (you may opt out at any time).
17.2 We will process your personal information in accordance with our [Data Protection Policy/Privacy Policy] (available here or on our website), the terms of which are incorporated into this Contract by reference.
18.1 Liabilities which cannot be limited. Nothing in the Contract limits or excludes any liability which cannot legally be limited or excluded, including liability for:
Death or personal injury caused by our negligence;
Fraud or fraudulent misrepresentation.
18.2 Exclusions of certain losses. Subject to clause 18.1, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) Loss of profits;
(b) Loss of sales or business;
(c) Loss of agreements or contracts;
(d) Loss of anticipated savings;
(e) Loss of use or corruption of software, data, or information;
(f) Loss of or damage to goodwill; and
(g) Indirect or consequential loss.
18.3 Liability cap. Subject to clause 18.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Fees paid under the Contract.
18.4 Survival. This clause 18 survives termination of the Contract.
If you are a consumer, nothing in these Terms affects your statutory rights.
19.1 Our right to suspend or terminate. Without limiting any of our other rights, we may suspend performance of the Services or terminate the Contract with immediate effect by giving written notice to you if:
(a) You/the student commit a material breach of any term of the Contract (and if that breach is remediable, fail to remedy it within 21 days of being notified in writing); or
(b) You fail to pay any amount due under the Contract on the due date.
19.2 Consequences of termination.
(a) On termination, you must return any materials we have provided. Until these materials are returned, you will be solely responsible for their safekeeping and must not use them for any purpose. If you fail to return them, you may incur replacement charges in addition to any other rights or remedies we may have.
(b) Termination will not affect any rights or remedies that have accrued as at termination.
19.3 Survival. Any provision of the Contract that by implication is intended to survive termination will remain in full force and effect.
20.1 Definition. We will not be liable or responsible for any failure to perform or delay in performing any of our obligations under the Contract caused by an event beyond our reasonable control (Event Outside Our Control).
20.2 Effect of an event. If an Event Outside Our Control occurs that affects our performance of our obligations:
(a) We will contact you as soon as reasonably possible; and
(b) Our obligations will be suspended, and the time for performance extended, for the duration of the event. We will arrange a new date for performance of the Services after the event ends.
20.3 Cancellation right. You may cancel the Contract if an Event Outside Our Control continues for more than 30 days. To cancel, contact us. If you opt to cancel, we will refund any sums you have paid, less the Fees reasonably and actually incurred by us in performing the Services prior to the Event Outside Our Control.
All advice given regarding career paths, registration body requirements, or qualification advice is correct to the best of our knowledge at the time it is given. Requirements may change, and we cannot be held responsible for such changes. No refund of Fees will be issued in the event that external requirements alter. Any opinions expressed by a course tutor are the tutor’s own and not necessarily our views.
Completion of a course does not guarantee competence to perform work or the ability to gain employment in the relevant field, and we make no representation, warranty, or guarantee as to such competence or ability. You/the student must ensure any work undertaken is within your/their competence and further instruction or supervision is sought if necessary. Statements made about likely employment outcomes or earnings are opinions and not binding representations.
23.1 Our right to alter arrangements. We reserve the right to alter booking arrangements if necessary and may refuse any booking application at our sole discretion.
23.2 Qualification routes. The qualification route you book is correct at the time of booking. If awarding bodies change their requirements or qualifications, we will endeavour to adapt accordingly, but will not be liable to you in any way for such changes. Such changes may affect course duration and/or cost, and you accept this risk upon booking.
23.3 Accommodation. We are not responsible for any accommodation you book independently. Any information we provide about third-party accommodation is for assistance only; you remain responsible for your own booking and payment.
24.1 Writing includes email. When we refer to "in writing" in these Terms, this includes email.
24.2 Notices.
(a) Any notice or other communication given under or in connection with the Contract must be in writing and delivered personally, sent by pre-paid first-class post or another next working day delivery service, or by email.
(b) A notice is deemed received:
- If delivered personally, upon signature of a delivery receipt or at the time it is left at the correct address;
- If sent by first-class post or next-day delivery, at 9.00 am on the second working day after posting;
- If sent by email, at 9.00 am the next working day after transmission.
(c) In proving service, it will suffice to prove that the communication was properly addressed and posted (for post) or sent to the specified email address (for email).
24.3 Service of proceedings. The provisions of this clause do not apply to the service of any proceedings or other documents in any legal action.
25.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may assign or transfer your rights or obligations under the Contract only with our prior written consent.
25.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our authorised representatives).
25.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights, or delay doing so, that will not mean we have waived those rights. Any waiver will be in writing and will not mean a waiver of any subsequent default.
25.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides any part is unlawful or unenforceable, the remaining paragraphs remain in full force and effect.
25.5 Third party rights. The Contract is between you and us. No other person has any right to enforce any of its terms.
25.6 Governing law and jurisdiction. The Contract is governed by English law. We both irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
ESTABLISHED IN 1999
20+ YEAR HISTORY OF TRAINING
TAUGHT BY EXPERTS
WITH YEARS IN THE INDUSTRY
APPROVED TRAINING
FOR FULLY ACCREDITED QUALIFICATIONS
“I had a great experience at gold trowel academy. The facilities provided are spot on. Tools and materials provided. Shane, the instructor is a very welcoming lad. With a deep knowledge and hands on experience of plastering.”
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ADDRESS
Goldtrowel Academy Ltd
Asheton Business Centre
Stapleford Abbotts
Romford
Essex
RM4 1JU