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Terms and conditions for booking Music exams online

Introduction

These are the online booking terms and conditions (Terms) of supply for musicbooking.trinitycollege.co.uk (Site). The Site is operated by Trinity College London (Trinity, we, us and our).

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.

Any reference to a Music Exam in these Terms is a reference to the following Trinity music exams – taken at a registered exam centre location specified on our Site.

Any reference to an Applicant in these Terms is a reference to the person making a booking on our Site, whether for themselves or on behalf of candidates wishing to take a Music Exam (Applicant, you and your). These Terms apply to all transactions between an Applicant and Trinity.

Any reference to an entry application (Entry) means a request by a candidate named in the application form for a Music Exam to be arranged by us and for that candidate’s performance at that Music Exam to be assessed by one of our markers / examiners in accordance with our assessment criteria. For further information about the content and format of our exams, please refer to our Music Regulations (collectively, the Regulations).

The Music Regulations form part of these Terms. Where applicable, we will refer you to the Regulations throughout these Terms, but this should not be taken as a substitute for reading the applicable Regulations document in full. In the event of a conflict between these Terms and the Regulations, these Terms shall prevail.

The contract (Contract) is made between Trinity and the Applicant (whether or not the Applicant is a third party booking a Music Exam on a candidate’s behalf, for example, if the Applicant is a minor, a parent or legal guardian acting as the Applicant on the minor’s behalf) (collectively, the parties). By booking any of the Music Exams offered on this Site, you agree to be bound by these Terms.

You should print a copy of these Terms for future reference. Use of the Site itself is subject to our Terms of Website Use.

There are a number of policies that may also apply to the provision of Music Exams, including, for example, our Special Consideration policy, Disabled Learner Policy, Complaints and Appeals Policy, Malpractice Policy and Sanctions Policy. Our policies are located on our Policies page.

We reserve the right to change these Terms from time to time by changing them on the Site, although no such change will affect any Music Exam you have already booked with us. These Terms were last updated on 19/01/2017.

Choosing the correct Music Exam

It is your sole responsibility to check that you are booking the correct Music Exam. 

Booking your Music Exam

Music Exam bookings via the Site are currently available to be taken in the UK only, at the locations stated on the Site.

In order to book your Music Exam with us you must first make an Entry by completing the booking process on the Site which will require you to follow the prompts that will appear on-screen.

You must ensure that any details you provide are accurate. To book a Music Exam with us, you must provide us with accurate contact information, including your name and the following details for each candidate: candidate name, date of birth, gender, email address and any special needs requirements. You are responsible for the information provided to us for your booking and for ensuring that the details provided to us are correct and complete, and for informing us of any changes to the information provided.

You may check and correct any input errors in your Entry up until the point at which you submit your Entry to us by clicking the "Pay" button on the checkout page.

Following your Entry, you will receive an e-mail from us acknowledging receipt. Please note that this does not mean that your Entry has been accepted. Your Entry constitutes an offer to us to book Music Exam(s) on a specified day at a specified location. You may make a request to book up to ten Music Exams on a specified day and at a specified location as part of the same Entry. All Entries are subject to approval by us in all cases, and we reserve the right, at our sole and absolute discretion, to decline any Entry, without giving a reason.

You do, however, acknowledge that by clicking on the "Pay" button, you enter into an obligation to pay for the Music Exam(s) in the event that your Entry is accepted by us. Where we accept your Entry, we will confirm such acceptance by sending you an additional e-mail that confirms that we have accepted your Entry to your chosen Music Exam (an Entry Confirmation). The Contract will only be formed between the parties when we send you an Entry Confirmation. After entering into the Contract, we will be under a legal duty to provide the Music Exam(s) as agreed in the Contract.

The Contract will relate only to the Music Exam(s) that we have confirmed in the Entry Confirmation. We will not be obliged to arrange or assess candidates in any other Music Exam which may have been part of your booking until your Entry to any other Music Exam(s) has been confirmed in a separate Entry Confirmation.

Please note that you will only be able to make live Entry applications on behalf of up to ten candidates for the same exam day and location. If you wish to book more than ten candidates on any Music Exam day and location, you must make an additional Entry.

You are normally able to book Music Exams for a specified day and at a specified location within one hour of commencing your Entry on the Site. If you do not complete your booking within this time frame, your entry will automatically be cancelled, and you will need to start a new entry.

Music Exam date and location

When you make your Entry on the Site, you will be asked to request a Music Exam date and location. You will be able to book a Music Exam until four weeks before such a Music Exam session is due to take place, as long as there is availability for the particular Music Exam you wish to book. However, you are advised to book as soon as possible to avoid disappointment.

Please note that we reserve the right to cancel or postpone a Music Exam date at short notice or to change the Music Exam location, in which case you will be entitled, at your discretion, to take the Music Exam at the proposed later date or location, or to receive a full refund of any exam fee (an Entry Fee) you have paid to book the Music Exam(s) on the original date and/or location.

Acceptable behaviour

If you or any candidate displays threatening, abusive or dangerous behaviour towards us or any of our staff or personnel, then we reserve the right to refuse to allow you or the candidate to attend the Music Exam. In such circumstances you will not be entitled to a refund of the Entry Fee and we reserve the right to (i) refuse any future bookings made by you, or (ii) prevent the relevant candidate from sitting any Music Exam in the future if we feel that is necessary for the protection of our staff or personnel.

About us

We are a private company limited by guarantee registered in England and Wales (registered number 02683033) whose registered office is at the Blue Fin Building, 110 Southwark Street, London SE1 0TA, United Kingdom. We are also a registered charity in England and Wales under number 1014792. Our UK VAT registration number is 680767793.

Personal information

When you book your Music Exam with us on the Site you will need to provide us with certain personal information to enable us to process your Entry.

If you book any Music Exam on behalf of a third party we will assume that you have obtained that third party’s consent to process their personal data unless you advise us to the contrary. If, as an Applicant, you are acting as an agent for a candidate, or on a candidate’s behalf, you must make all reasonable effort to protect the personal information you collect from candidates, and you hereby warrant to us that you will store, handle, process, retain and dispose of any personal information strictly in accordance with the Data Protection Act 1998 and related and subsequent legislation, all as amended from time to time.

Our Privacy Policy sets out how we use any personal information you give us.

Age of consent and entry

If you are making an Entry on your own behalf, you confirm that you are 18 years of age or older and that you are legally capable of entering into binding contracts. If any of your candidates are under 18 years of age and you wish them to enter a Music Exam, you must get their parent or legal guardian to agree to these Terms and to make the Entry and payment on the candidate’s behalf.

Music Exam price and payment

All of our Music Exams are subject to an Entry Fee, the prices of which are stated on the Site. Entry Fees may be subject to change from time to time. Changes to our Entry Fees will not affect those Music Exams in respect of which we have already sent you an Entry Confirmation.

Booking through our Site may also incur credit card or other transaction charges which are as quoted on our Site at the time of booking, and which may be liable to change from time to time. In accordance with our Privacy Policy, you agree in particular that we may disclose your personal details to our banking supplier so that they may process your payment in a secure online environment.

The relevant Entry Fee must be paid in full by credit or debit card at the time of making your Entry. This can be done by following the prompts that will appear on-screen on the Site.

If your credit or debit card is declined, your Entry will not be processed. You will be responsible for making a new Entry using a valid form of payment.

Entry Fees at present do not include VAT or other sales tax. However, if VAT or any other sales tax becomes applicable between the date of your Entry and the date of the corresponding Music Exam(s), we reserve the right to add the VAT or other sales tax due by you.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason.

Taking a Music Exam

All information about Music Exams can be found online at trinitycollege.com/music and/or in the applicable Regulations.

On the day of taking the Music Exam, each candidate will need to bring their Entry appointment confirmation slip for identification and registration purposes and copies of the sheet music for the examiner. We may refuse entry to the Music Exam without these documents.

Please note that all practical Music Exams will be recorded for standardisation and examiner training purposes, and to ensure that malpractice does not take place. Further information about this can be found in our Privacy Policy and in the applicable Regulations. You must obtain consent from all candidates, and if such candidates are minors, you must obtain consent from their parent or legal guardian for the minors to be recorded in accordance with the provisions above.

Certificate

Results are sent out after the completion of the exam session; you may expect to receive your exam report(s) within 2 weeks of the exam session finishing You will also receive a certificate (Certificate) for despatch to the corresponding candidate. We will send the Certificate by post.

Consumer and cancellation rights

When booking a Music Exam, you are entitled to cancel a Contract within the period of 14 days after the day on which the Contract is entered into (Cooling-Off Period) without giving any reason, however you acknowledge and agree that in accordance with applicable consumer laws, we will 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).

If you are due to take the Music Exam before the expiry of the Cooling-Off Period, then you expressly request that we begin the supply of services (i.e. the provision of the Music Exam) before the end of the Cooling-Off Period, however you acknowledge and agree that you will lose the right to cancel from the day of the Exam onwards.

To cancel a Contract, you must contact us at the phone number stated at the end of these Terms or complete our Exam Cancellation form and return it to the email address specified in that form. However, you acknowledge and agree that we will 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) unless it is within the 14-day statutory cooling off period. Nothing in this section affects your legal rights.

Our refunds policy

If you cancel your Entry, we will reimburse payments received from you, subject to our statutory right to retain a portion of the Entry Fee to cover our reasonable costs as follows:

We will process any refund due to you as soon as possible and, in any case, no later than 14 days after the day on which we were informed about your decision to cancel the Contract.

We will refund any money received from you using the same method originally used by you to pay for Entry, unless agreed otherwise.

If you cancel your Entry after the Cooling Off Period, we will not offer any refund of the Entry Fee for the cancelled Exam.

Our liability

Nothing in these Terms shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation;
  • under Part I of the Consumer Protection Act 1987; or
  • for any other liability that may not, under English law, be limited or excluded.

Subject to this any liability we do have for losses you suffer arising from any Contract shall not exceed the Entry Fee for the relevant Music Exam and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your Entry is accepted by us.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing to musicbooking@trinitycollege.com. We may give notice to you at either the email or postal address you provide to us when submitting an Entry.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.

These Terms may not be varied except with our express written consent.

These Terms, and any document expressly referred to in, them represent the entire agreement between you and us in relation to the subject matter of any Contract.

These Terms shall be governed by English law. You acknowledge and agree that the place of any service provided by us as a result of entering into a Contract under these Terms is the United Kingdom. You further agree that any dispute between you and us regarding them or any Contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.

Contacting us

If you have any questions about these Terms or an Entry you have made or if you have any questions or complaints, you can contact us on email at musicbooking@trinitycollege.com or by telephone on 020 7820 6166 between the hours of 9am to 5pm, Monday to Friday (except over public holidays).

 

Last updated: January 2017

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