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1.1 These terms together with those terms contained in the offer letter (together with the “Terms and Conditions”) set out the contractual terms which apply between Phoenix Academy of Acupuncture and Herbal Medicine (“Phoenix Academy”) and students (“Students”) in relation to academic programmes and any other CPD short courses.
1.2 As such, Students should ensure they read the Terms and Conditions very carefully before signing and submitting their application for admission to Phoenix Academy.
1.3 Once enrolment is accepted by Phoenix Academy, these Terms and Conditions become legally binding. All students agree to be bound by the regulations, policies and procedures of Phoenix Academy (paper copies are available on request).
2.1 The tuition fee for your course will be as stated on our website and also in the offer letter and enrolment documents you received from Phoenix Medical.
2.2 Students agree to pay the tuition fees and all other charges applicable for the course. It is understood and agreed that failure to make payment may result in withdrawal from the course and cancellation of the enrolment.
2.2.1 VAT is applicable when a student resides within the European Union, unless a valid VAT number can be provided.
2.3 In order to enrol on your chosen course, at minimum a deposit must be paid. If a deposit is not paid, your place on your chosen course cannot be confirmed.
2.4 Students may pay for their tuition fees in full or in instalments. This must be agreed between the student and Phoenix Academy in an offer letter before any payment is made. Instalments must be paid for by the 1st of each month where payment is due.
2.5 If payments are not made by the 1st of each month, unless agreed otherwise with Phoenix Academy, will be regarded as an overdue payment. Students overdue on payment will receive a penalty fee of £20 per reminder letter. Students who are more than 4 weeks in arrears will be denied access to course materials and lectures.
3.1 Phoenix Academy reserves the right to change details of its advertised courses, facilities and course dates where circumstances beyond Phoenix Academy’s control require such changes or where the number of enrolments is not enough to operate a course viably.
3.2 In the unlikely event that Phoenix Academy is unable to deliver your course in full, you may be offered enrolment on a suitable alternative course at no extra cost. You have the right to choose whether you would prefer to cancel the course (terms and conditions apply), or to accept a place on another course.
4.1 All courses at Phoenix Academy have entry requirements. See course details for specific requirements.
5.1 Students are accepted onto Phoenix Academy courses on the strict understanding that progression through the course is conditional upon satisfactory attendance and successful target attainment.
5.2 Students are expected to undertake self-study in between lectures to ensure they progress within the course and pass final examination.
5.3 Students who do not meet the assessment criteria will not be able to complete the course. Students who are unable to complete the course due to assessment failure will not be refunded.
6.1 Phoenix Academy reserves the right to change any advertised course.
6.2 Phoenix Academy reserves the right to cancel an advertised course.
6.3 In the event of a course being cancelled by Phoenix Academy, the student will be offered an alternative course and/or course dates. If the student chooses not to accept this alternative, in cases where the course has not already started, they will receive a full refund for the course.
If the student has already started the course, they will receive a refund covering the remaining period of the course.
6.4 Phoenix Academy will issue a timetable in advance but reserves the right to change dates in the event of unforeseen circumstances which cannot be controlled i.e. lecturer absence due to sickness. Students affected will be notified by email and by telephone.
6.5 Although we ensure that our courses are taught by the lecturer stated, Phoenix Academy reserves the right to change or assign a different lecturer in the event of unforeseen circumstances. If a new lecturer must be assigned, Phoenix Academy will notify all students enrolled on the course by email.
7.1 Progression at the end of any given levels dependent on successfully passing all examinations and assessments in that term and fulfilling the academic criteria and achieving the required pass grade in the end of level exam.
Right to Cancel
In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, in the event of a distance contract, students can cancel a course booking at any time during the period up to 14 days from the date the booking is confirmed by Phoenix Academy. If notice of cancellation is received within 14 days, Phoenix Academy will provide a full refund of all tuition fees received including deposit and VAT. If you have booked onto a Study Trip, see clause 8.5.
Diploma Courses
Cancellation and withdrawals
8.1 Notice of cancellation from diploma courses must be made in writing. Failure to provide written notification may lead to full charges being made. Notice of course cancellation must be made in writing to: Phoenix Academy of Acupuncture and Herbal Medicine, 5 Lonebarn Link, Springfield Business Park, Chelmsford, Essex, CM2 5AR.
8.1.1 If the course has already started, a refund equivalent to the unused portion of the course, minus the withdrawal fee (see clause 8.1.2), providing that a Cancellation Letter and completed Refund Request Form has been provided to Phoenix Academy.
8.1.2 Students who wish to withdraw from a diploma course during an academic year, must inform Phoenix Academy in writing. A withdrawal fee of £800 will be applicable.
Where refunds are non-applicable
8.2 Enrolled students are expected to complete that course as stipulated in their offer letter. In the event that a student withdraws from a course, no refunds will be made in the following cases:
Deferment
8.3 For students who wish to defer from a course, Phoenix Academy must be informed in writing. There is no deferment fee, however students must complete diploma courses including clinical practice within a specific timeframe.
CPD and Short Courses
8.4 Students who wish to cancel their place on CPD or short courses may do so via email. CPD and short courses are defined as courses with a duration of less than 7 days.
8.4.1 If cancellation is made within 14 calendar days of making payment, a full refund will be applicable.
8.4.2 After the 14 day refund period, the 15% deposit will be non-refundable.
8.4.3 If a cancellation is made within 30 calendar days of the start date of the course, only 50% of the amount paid will be refunded. This is to allow us to cover the costs of organising the course and lecturer fees.
8.4.4 After a course has started, the full cost of the course is non-refundable.
8.4.5 If a student fails to attend a course and does not notify Phoenix Academy according to clause 8.4 – 8.4.3, they will not be eligible for a refund.
Study Trip Cancellations
8.5 For cancellation of study trips, clauses 8.4.1, 8.4.2, 8.4.4 and 8.4.5 apply. However the entire cost of the trip will be non-refundable if cancelled within 10 weeks of the trip. 10 weeks prior to the trip, all payment is made to the University for all activities.
8.5.1 If a cancellation is required due to visas, please see clause 8.6 – 8.6.1
Visa Nationals
8.6 For visa nationals, if a course booking is cancelled due to visa refusal, and an official visa refusal letter is provided, a refund of all tuition fees will be provided minus the non-refundable deposit. This is subject to the original visa refusal letter being received by Phoenix Academy at least 14 days before the course is due to start.
8.6.1 In addition to the reasons stated in clause 8.2, no refunds will be made in the following circumstances:
Application for a Refund
Students can raise any general refund enquiries with the Finance Department by emailing office@phoenixtcm.org.uk
8.7 Students must read all terms and conditions before requesting a refund, as in some circumstances a refund may not be possible. See clauses 8.1 – 8.6.1.
8.8 Students wishing to request a refund must complete the Refund Request Form. The completed refund form must be submitted by post or via email.
Contact:
Refund forms can be sent to the following address:
Phoenix Academy of Acupuncture and Herbal Medicine, 5 Lonebarn Link, Springfield Business Park, Chelmsford, Essex, CM2 5AR
Email to: office@phoenixtcm.org.uk
8.9 If Phoenix Academy does not receive notice of course cancellation in accordance with clause 8.7-8.8 above, no refund will be offered.
8.10 If refunds are made overseas there will be a £14 bank charge applied.
9.1 It is the responsibility of the student to obtain a visa entry to study in the UK or another country where required.
9.1.1 For students requiring a visa, full payment must be made before any visa documents or invitation letters can be issued.
9.1.2 Students requiring an Invitation Letter for visa application must request this by contacting Phoenix Academy by emailing office@phoenixtcm.org.uk
9.2 Students should consult the British Embassy or High Commission in their home country and refer to information on the UKVI website at gov.uk/browse/visas-immigration/student-visas
9.3 Students requiring a visa to attend the 2 Week Clinical Study Trip in Shanghai must apply for a visa at least one month in advance of the trip but no earlier than three months.
9.3.1 Failure to apply for a visa in time for the trip will result in immediate cancellation and a refund will not be issued.
10.1 Phoenix Academy operates Monday-Friday from 9.00am – 5.30pm, excluding bank holidays.
11.1 Phoenix Academy and its staff and representatives will not be liable for loss, damage or injury to persons or property howsoever caused, except where liability is expressly imposed by law.
12.1 Phoenix Academy reserves the right to change prices without notice. Students affected will be notified by email.
12.2 Phoenix Academy reserves the right to change their code of conduct at any time. Students will be notified by email if such changes are implemented.
12.3 Students will be liable for any damage to the property or facilities of Phoenix Academy or host venues and will be required to compensate against any loss.
13.1 A reasonable standard of conduct is expected on all programmes including good attendance and study performance. A student may be suspended or expelled without refund in case of extremely irregular or anti-social behaviour. Any damage caused by a Student must be paid for by that Student in full. We will not accept:
13.2 In the event of expulsion due to inappropriate conduct, there will be no refund of fees and any outstanding fees will become payable immediately.
13.3 Students are obliged to attend at least 80% of classes on their timetable and Phoenix Academy is not responsible if the student chooses to miss any classes. Phoenix Academy will record all diploma lectures for those who miss class with a valid reason. Refunds will not be applicable when a student fails to attend class without good reason and prior notification.
13.4 Students must arrive at class before the start time on their schedule and should arrive back from breaks promptly.
14.1 By submitting the application form to Phoenix Academy, the Student agrees to the storage of their personal details, including sensitive personal data, in Phoenix Academy’s administrative systems, whether on paper, computer or any other medium and to the usage of that information for Phoenix Academy’s purposes only.
14.2 We process personal information to enable us to provide education and training, to maintain our own accounts and records, for administration and the organisation of events.
14.3 Personal information about Students processed by Phoenix Academy for the purposes indicated in paragraph 14.2 will include their full name and contact details. We will also keep data about their education, health, finances and fees.
14.4 We will keep this information secure at all times as necessary to run our business, deliver their education and ensure their welfare and safety.
14.5 We will never distribute student contact information to third parties for marketing purposes or for financial gain.
14.6 The student consents to their personal data being stored, processed and shared by Phoenix Academy in this way. They consent to their sensitive personal data including health, welfare, nationality, ethnicity and other data being stored and processed by Phoenix Academy.
14.7 We will ask the student to provide us with certain personal information. It is the student’s responsibility to advise Phoenix Academy of any amendments to that information while they are enrolled with Phoenix Academy.
14.8 We may take photographs and films of students for promotional and marketing purposes (printed and online) without written consent or notification. Students who do not wish to be photographed or filmed must notify Phoenix Academy.
14.9 Phoenix Academy will process and share personal information provided by Students in accordance with the Data Protection Act 1998 and any other applicable data protection legislation.
We are not responsible for any events outside our reasonable control which may cause the cancellation of any classes, courses or other services or materials we provide. Events outside our reasonable control may include, without limitation, war, riot, civil strife, industrial dispute, terrorist activity, disaster, storm or other extreme weather conditions, flood, plague and infectious disease.
16.1 Phoenix Academy is committed to compliance with UKVI requirements and will pass on any information in accordance with its responsibilities on student attendance and contact details.
16.2 Students are required to immediately report to Phoenix Academy any changes in their contact details (address, telephone, mobile number, email address) and/or changes in their circumstances affecting their immigration status and their permission to stay in the UK.
16.3 There are restrictions on students from outside the EEA working in the UK. Details can be found on the UKVI website. Any student found to be working in contravention of these restrictions will be reported to the UKVI and may be asked to leave the course.
Phoenix Academy operates an equal opportunities policy. It aims to ensure that no applicant will receive less favourable treatment on the grounds of age, sex, marital status, disability, race, nationality, ethnic origin, sexual orientation, or political or religious belief.
18.1 Phoenix Academy reserves the right to vary these Terms and Conditions. Phoenix Academy will at all times, where possible, provide the Student with reasonable notice of any changes to the Terms and Conditions.
18.2 Where material changes to these Terms and Conditions are to be implemented (prior to or after the contract being concluded with the Student) Phoenix Academy will obtain the student’s express consent to the said changes by indicating the material changes to the Student in the Offer Letter or via separate correspondence in the event that the Offer Letter has been signed.
19.1 Any student who wishes to file a complaint may do so by emailing office@phoenixtcm.org.uk, along with supporting evidence for the complaint.
Relevant United Kingdom law will apply to these Terms and Conditions and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms and Conditions.
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