Hawk Academy London Policies

Introduction

Hawk Academy London (“HAL”) is a trading division of Hawk Management (UK) Limited, which is an organisation with over 25 years’ experience endorsed by the Chartered Management Institute (CMI) in addition to a number of established and well-recognised Ofqual approved Awarding Organisations.

HAL offers on-line education and training courses (“the Services”).

The Services include professional and personal development courses, digital learning and specialist programmes for individuals and organisations (“the Users”) looking for flexible, innovative and skill-focus training. 

The Terms set out the contractual provisions as between HAL and the User which shall govern how and under what conditions the User shall engage with HAL for the Services. 

The Terms together with your completion of the Personal Details through the Platform shall comprise the legal contract between us (“the Contract”).

The Contract shall be legally binding as from the time the User enrols for any course or programme or product (“the Course(s)”).

The Terms are to be read in conjunction with HAL’s Privacy Policy and any other HAL policies applicable to the use of the Services which are incorporated by reference into these Terms. 

You should take the time to read and understand how the Terms shall apply to your use of the Services.  You shall be required to accept the Terms by ticking the box which appears at the end of the Terms.

Any reference in the Terms to “us”, “we” or “our” shall mean HAL and references to “you” or “your” shall mean the User of the Services.

1. Your use of the Services

To enrol for any Course, you must:-

• set up an account and provide completed accurate information including a valid email address;
• take full responsibility for your account and ensure you do not share your password or login details with anyone else;
• not transfer your account login details to anybody else.
• you shall be held personally responsible for what happens to your account;
• if you believe someone else is using your account with or without your permission you must notify us at support@hawkacademylondon.com.
• be at least 18 years old to create an account with HAL or above the age of consent to use HAL’s Services if you are not resident in the UK or an existing learner of Hawk Training.

If you set up or use an account in breach of these rules, HAL will have the right to immediately terminate your account unless there are exceptional circumstances for us not to do so.

2. Your enrolment

For the purpose of being enrolled for a Course and using our Services, HAL grants you an irrevocable, non-exclusive, non-transferable right to access the HAL platform through https://hawktraining.com/academy/ (“the Platform”) for the duration of the Course(s). 

The licence granted to you shall be for your use only and you shall not be permitted to reproduce, redistribute, transmit, sign, sell, broadcast, rent, share, lend, modify, edit, create derivative works or otherwise transfer any content of any Course or any other materials that are provided to you to any third party under any circumstances.

HAL reserve the right to reserve to withdraw your right to the licence for the Course(s) where HAL are prevented for any legal reason from continuing to deliver the Course(s) or where we believe the delivery of any course is contrary to any new government or industry guidelines introduced at any time after the Course has been started. 

To enrol for any Course, you will be required to follow the process as set out below:

• You shall identify the Course you wish to purchase from those we offer.
• You shall be required to complete a Registration Form with your personal details including your name email address, telephone number, and account login credentials, in order to create a secure user account on our platform.
• Once payment has been made and accepted through the Platform you will be automatically provided with a unique user account for your personal use only to access the Course you have purchased.
• Confirmation of your enrolment and login details will be sent to the email address you have provided.

Access to Course materials will only be allowed once your payment has been received and verified.

You shall have access to the Platform through your account login details for the purpose of accessing the Course(s) for which you have enrolled, for a period of 6 months from the date of enrolment subject to any request to HAL for an extension of time in exceptional circumstances.

HAL shall always adopt best practice for the protection of Personal Data (see HAL Privacy Policy).

All Personal Data you provide to us during enrolment or account registration will be collected, stored, and processed by HAL in accordance with our Privacy Policy and applicable UK Data Protection Laws, (including the UK GDPR and the Data Protection Act 2018 together with any changes to the primary legislation together or any regulation.

This information you provide is used to create and manage your account, process payments, provide access to our Services, administer support and communications, and to ensure we at all times comply with legal and regulatory obligations.

By accepting these Terms, you agree to be automatically opted in to receive marketing communications from HAL relating solely to our educational products and services. You may opt out of receiving marketing communications at any time by following the unsubscribe instructions included in our communications or by contacting us directly.

3. Cost and Payment

Cost of Services

The cost of the Course(s) you select will be the price displayed on the Platform at the time you enrol.

Prices will vary depending on the Course(s) chosen. Any promotions or special offers will be clearly shown on the Platform and, unless stated otherwise, these may be restricted to new users or subject to specific terms.

All Course(s) are priced and payable in pounds sterling (GBP), regardless of your country of residence. Payments are processed through in GBP, and no currency conversion is carried out by our payment provider. Any currency conversion applied to a non-GBP payment card, including exchange rates or foreign transaction fees, is determined solely by your card issuer or bank.

Unless otherwise stated, all prices shall include VAT (where applicable).

If you are resident outside the United Kingdom, UK VAT will not be charged. However, you may be subject to local taxes, duties, or charges imposed by your country of residence, which shall remain your sole responsibility and may be applied in addition to the advertised price where applicable.

Your Payment

All fees for our Course(s) must be paid prior to commencing your selected Course(s).

You should not be allowed access to the Platform until payment has been received and authorised.

You agree to pay all fees applicable to the Course(s) you purchase and authorise HAL to charge your debit or credit card or to process payment via other accepted methods, including Amazon Pay, Apple Pay, Google Pay, and card providers such as Visa, Mastercard, and American Express. HAL reserves the right to refuse payment using any particular payment method in the event of any irregularities or concerns as to the validity of the card/ process being used

HAL uses Stripe to provide secure and convenient payment processing and to offer appropriate payment methods dependent upon the country. Your payment information is handled securely by our payment service providers, and we may update your payment details using information supplied by them. For further information on how your data is handled, please refer to our Privacy Policy.

Whilst HAL shall take all steps to provide  a secure payment process HAL can accept no liability for any scams or attempts by unauthorised third parties to misdirect any payments made by you to HAL which are intended for HAL but are not received by HAL  save where such is proven to be the consequence of any wilful negligent act or omission on the part HAL or any agent acting on its behalf concerning the enrolment and/or payment process.

By purchasing any Course(s), you accept and confirm that you are authorised to use the selected payment method and that it is valid. If a payment fails but access to the Course(s) is provided in error, you shall be fully liable for payment of any outstanding fees within 14 days of receiving notification from us.

We reserve the right to suspend or terminate access to any Service for which full payment has not been received.

Cancellation or Refund

Following any enrolment for any course(s) you have 14 days to cancel (“Cancellation Period”).

If at any time during the Cancellation Period you have accessed, started, streamed, or downloaded any part of the digital course content of the Course(s) your right to cancel will no longer apply as from that date and you will be responsible for the full Course Fee in accordance with Consumer Contracts (Information, Cancellation and Additional  Charges) Regulations 2013.

We will acknowledge and respond to all valid cancellation requests within 72 hours.

Where a refund is approved, refunds will be processed to the original payment method where possible. Refunds will typically take 5–10 working days to be credited back to the card or payment method used, depending on your bank or card provider.

Refunds are not available:

• Where the 14-day cancellation period has expired
• Where any course content has been accessed
• For any Course(s) that are expressly stated as non-refundable at the point of purchase

No refund will be due where a cancellation request is made outside the applicable cancellation period or where access to content has already been granted and used.

We reserve the right to refuse or restrict refunds where we reasonably believe the refund policy is being abused, including repeated refund requests or significant consumption of course content prior to a refund request. In such cases, we may also restrict or terminate access to our Services.

If a Course is changed or withdrawn or made unavailable for legal, regulatory or any other reasons beyond our control, and such Course we are able to deliver is materially different from the Course for which you enrolled you may be entitled to a refund at our discretion, even where the standard cancellation period has passed.

Promotional Codes

Any Promotions and Promotional codes may only be used in accordance with the terms of that promotion as published on our Platform from time to time. We do not formally recognise any promotional codes which are not available through the HAL Platform or through social media advertising other than through HAL’s channels. HAL may not validate any promotional code for the HAL Platform obtained from any third-party voucher provider.

1. Delivery of Courses

All the Courses through the Platform will be delivered by Virtual Trainers using AI Technology.   ensuring consistent, high-quality, engaging and flexible learning across all programmes.

“Virtual Trainer” means a non-human AI generated interactive avatar that will deliver the Courses through the Platform.

All HAL’s innovative Course(s) are designed by specialist trainers all of whom are highly experienced, qualified professionals and subject-matter experts.

The HAL Course(s) are all strategically bespoke designed Courses which are produced to the highest quality and standard for the purpose for which they are intended. All reasonable steps are taken to ensure the material used for each of the Course(s) is accurate and up to date.

Any material generated with AI shall be carefully checked for its accuracy before it is incorporated in any Course(s) save that HAL shall not be responsible for any errors or omissions in the material unless such error or omission arises as a consequence of any wilful negligent act or omission on the part of HAL checking the Course material before it is used. 

All rights, title and interest in the Platform used to deliver the Services, the website, any existing or future applications, APIs, databases and the content of each Course (including any material produced for your use as part of HAL Services) shall remain the exclusive property of HAL (or its licensors)

The Platform and our Services are protected by copyright and trademarks together with the law protecting intellectual property rights in the UK.

2. How to use the Services

You must at all times only use the Services for lawful purposes and comply with the regulations of the country where you are working and/or are resident at the time you are taking the Course.

If you are required to produce any works through the Platform as part of the Course, such content must only be produced by yourself or if you require assistance (for any reason) this must be approved in writing  by HAL. 

For any accredited courses, you shall be required to attend a remote one to one session with a HAL tutor for the purpose of authenticating your identity and complying with the Awarding Organisation requirements. You shall be advised at the point you enrol of the process that you will be required to complete in circumstances where the Course is accredited.

Any works or any other material which you post on the Platform whether in the form of written assignments or in any other form, whilst using the Services (“User Works”) shall belong to you, but you shall allow HAL to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content for marketing or any other lawful purposes under a non-exclusive royalty free licence.  You agree to waive any rights of privacy, publicity or other rights relating to the use of this material for which you shall not receive any payment. 

You shall not, whilst using the Services:-

• access or tamper with the Platform;
• disable, interfere with or try to circumvent any of the features of the Platform relating to security or probe, scan or test the vulnerability of the Platform;
• copy, modify, create or create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source, code of or content of the Platform or the Services;
• access or search or attempt to access or search the Platform by any means other than through the search functions that are provided to you;
• you may not scrape, spy, use a robot or use other automated means of any kind to access the Services;
• use the Services to send any altered or false information or interfere with or disrupt (or attempt to do so) the access of any other User, host or network which shall include but not be limited to sending a virus, overloading, flooding, spamming or mail-bombing the Platform or in any other way interfering with the delivery of the Services.

When you use HAL’s Services, you may be exposed to content that you consider offensive, indecent or objectionable.  Whilst HAL will take all steps to ensure that such material does not appear on the Platform, we cannot accept responsibility for such content or behaviour and HAL has no liability for your access or enrolment on a Course to the extent that such liability can be limited under applicable UK laws.  You shall assume full responsibility for your choice of Course and for the sessions that you choose to attend.

HAL reserve the right to place on the Platform advertisements from third party advertisers, sponsors or promotional parties (“Advertisers”).  Any dealings you have directly with any Advertisers (under such terms and conditions as they may adopt) are not with nor to be treated as being with HAL for which HAL can accept no responsibility or liability. 

3. Our use of AI technology

In additional to the delivery of the Courses through the Virtual Trainers, HAL may use AI in a number of other ways to provide and enhance the Services (“AI Features”).  These will be clearly identified as AI Features.

In respect to any AI Features which are used, HAL shall have no liability for any damages arising from the use of such AI Features.  You acknowledge that the AI Features may occasionally generate material that is unsuitable, incorrect or misleading for the course.  If you believe that to be the case, you should notify HAL immediately of such concerns.  The material that may be generated through AI Features may not be unique and may be duplicated in other course material.

HAL reserves the right to limit, suspend, terminate or otherwise modify a User’s access to the AI features at its sole discretion.

The further development use of and responsibility for the use of AI Technology will be as set out in any AI Policy as may be adopted by HAL from time to time.  

4. Our liability to you

Disclaimers

HAL will use all reasonable endeavours to ensure that the Platform is operating 24/7 for the purpose of you accessing the Services other than when the Platform is inaccessible for planned maintenance or it cannot be used due to any technical or security reasons. 

HAL shall have no liability to you at times when the Platform cannot be used.

The Platform is made available to you on an “as is” and “as available” basis.

Whilst HAL shall take all reasonable steps to ensure the Services (specifically the Courses) contain accurate and up to date content, HAL gives no representation or warranty, reliability, availability, security or accuracy of the Services nor the suitability of the Services for your particular requirements. 

HAL cannot provide any assurance as to whether you are suitably skilled or qualified to take or pass any Course (whether accredited or otherwise) and how you choose and use the Services will be at your sole discretion and at your own risk. 

HAL shall not be responsible for any delay or failure as to the performance of the Services which are the result of any event outside of HAL’s reasonable control.  This shall include but not be limited to electrical, internet or telecommunication loss or any natural disaster of event which makes the delivery of the Services impossible.

Limitation of liability

HAL shall not be responsible for indirect, incidental, punitive or consequential damages (including loss of data, revenue, profits or business opportunities) whether arising in contract, warranty, tort or otherwise. 

HAL’s liability to you or to you under the Contract with you is capped at the value of the Course(s) you have paid for in the previous six months before the event giving rise to your claim or the sum of £1,500 whichever is the lower.  Such limitation shall not apply in the event of any claim for personal injury or death, fraud or any other claim which cannot be limited under UK laws (including but not limited to the Consumer Rights ACT 2015 to the extent it shall apply to the use of the Services by any consumer).

5. Your liability to HAL

If you should act in such a way which causes HAL damage whether that arises out of your use of the Platform or otherwise, you shall hold HAL harmless against any claim brought by a third party which may be brought against HAL or any director, supplier, partner or agent for any losses or damages or expenses (including reasonable legal fees) which may arise from:-

• your posting of any improper content on the Platform;
• your use of the Services;
• violation of the Terms;
• the violation of any rights of a Third Party.

This indemnity shall continue in full force and effect after you have completed any Course(s) and you are no longer enrolled to use the Services subject to any limitation periods which shall apply under UK law.

6. General Provisions

Governing law and restriction

The Terms and your use of the Services shall unless otherwise agreed with HAL be subject to UK Law (which for the purpose of these Terms shall mean the laws of England and Wales). 

Legal Actions and Notices

Any action arising out of the use of the Services must be brought by either party not more than one year after the cause of action has accrued save where this relates to personal injury, death or fraud.

Our Legal Relationship

Whilst your enrolment on a course with HAL under the terms creates a legally binding contract between us, this shall not be treated as any form of joint venture, partnership, employment or contractual or agency relationship.

Transfer of the Terms

You may not transfer or assign the Contract you have with us to a third party unless HAL give their written consent for you to do so which will only be given in exceptional circumstances.

HAL may transfer the Contract to a third party without any restrictions.

Resolving Disputes

HAL maintain a Complaints Policy which you should follow if you are unhappy with the Services you have received.

Any complaint or dispute will be dealt with as quickly as possible and all reasonable efforts will be made to reach a fair resolution.

If it is not possible to reach a resolution under the Complaints Policy, the parties agree to refer the matter to an independent mediator (appointed by HAL) who shall be requested to deal with the dispute on the papers (where possible) or otherwise upon the attendance of the User and the appropriate person(s) from HAL.  Such decision shall be final and binding upon the parties other than where there is a manifest error which would mean the Mediator could not have reached the decision made.  The losing party shall be responsible for payment of the costs of the mediation or such costs will be paid in accordance with the determination of the mediator (if otherwise).

If it is not considered that the dispute can be settled by mediation, either HAL or the User shall be at liberty to issue legal proceedings.  Any claim must be issued in the English courts and shall be subject to their exclusive jurisdiction.

If the User elects to issue proceedings rather than to pursue mediation, HAL shall be entitled to recover costs incurred in defending any claim up to £1,500 or such costs awarded by the Court, whichever is the greater.

Changes to the Terms

We may require from time to time to make changes to and/or update the Terms. 

Any material change will be notified to you by email or through the Platform.

Any changes will become effective from the date they are posted on the Platform unless otherwise stated.

You will be bound by any changes if you continue to use the Services after the changes have been made.

Contacting Us

Our full details are as set out below:-

Hawk Management (UK) Limited

Company number: 03501389

Incorporated: 29/01/98

Registered Office: Regal House, 70, London Road, 8^TH Floor, Twickenham, England TW1 3QS

VAT Registration Number: 210705948                                

We can be contacted at: enquiries@hawkacademylondon.com

Please tick the box at registration to confirm your acceptance of these Terms and Conditions.