Last reviewed May 2026

All enrolment is online at https://guildlifelonglearning.org or in the alternative a hard copy of these are available on request.

1. Interpretation

The following definitions and rules of interpretation apply in these Terms.

1.1 Definitions:

Agreement	the contract between the Guild and the Participant for the supply of the Learning Services by the Guild to the Participant in accordance with these Terms.
Booking Form	the Participant's request to receive the Learning Services as set out in the booking form that has been completed by or on behalf of the Participant via the Website; or in the alternative has been completed in hard copy form and submitted by or on behalf of the Participant to the Guild, as the case may be.
Business Days	a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Commencement Date	has the meaning given in clause 2.2.
Terms	these terms and conditions as amended from time to time in accordance with clause 9.3.2.
Fee	the charges payable by or on behalf of the Participant to the Guild for the supply of the Learning Services in accordance with these Terms.
Guild	The Guild for Lifelong Learning Limited a private company, without share capital limited by guarantee, with company number 08331345 and whose registered office is at 1 Bourne Street, Wilmslow, Cheshire SK9 5HD. A registered charity registered with number 1151387.
Learning Services	the learning services and/or activities a synopsis of which is set out and described on the Website as at the date the Participant submitted the Booking Form to the Guild.
Mandatory Policies	the Guild's mandatory policies can be read at [       ] or in the alternative a hard copy of these are available on request.
Intellectual Property Rights	patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Participant	the person who is enrolled to receive the Learning Services and/or accesses the Learning Services from the Guild.
Website	the course information and/or synopsis set out on the Guild's website https://www.guildlifelonglearning.org at the time the booking form was submitted to the Guild by the Participant.

1.2 Interpretation:

1. Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. A reference to writing or written includes email but not fax.

2. Basis of contract

1. The Booking Form submitted by or on behalf of the Participant constitutes an offer by the Participant to purchase and/or access Learning Services in accordance with these Terms.
2. The offer made by the Participant to receive the Learning Services as more particularly set out in the Booking Form shall only be deemed to be accepted by the Guild when the Guild processes the Participant's payment in respect of the Fee at which point and on which date the Contract shall come into existence (Commencement Date).
3. If the Participant has submitted the Booking Form online via the Website or on the telephone pursuant to the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013, (formerly Distance Selling Regulations), the Participant has the right to cancel the Contract. The cancellation period is fourteen days from the date the Guild processes the Participant's Fee (Cancellation Period). Cancellation must be made in writing and sent to the Guild within the Cancellation Period quoting the Participant's full name and address, the course title and the commencement date of the course in question (Cancelation Notice). On receipt by the Guild of a valid Cancelation Notice the Guild will within fourteen days of the date of confirmation that the Participant's bank has processed payment for the Fee, make a refund of the Fees paid by the Participant.
4. In the event that the Participant serves a Cancelation Notice within the Cancellation Period and the provision of the Learning Services has already commenced, then in those circumstances the Guild is entitled to make a reasonable charge for the Learning Services received by the Participant.
5. Any descriptive matter or advertising material and or course synopsis issued by the Guild on the Website or in any prospectus or similar, are issued or published for the sole purpose of giving an approximate idea of the Learning Services described in them. They shall not form part of the Contract or have any contractual force.
6. The Participant must satisfy himself that the Learning Services are suitable and appropriate before submitting the Booking Form to the Guild.
7. These Terms apply to the Contract to the exclusion of any other terms that the Participant seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
8. Any Booking Fee indicated by the Guild shall not constitute an offer and will only become binding on the Guild once it has processed payment made by the Participant in respect of the Fee. The payment will usually be processed within fifteen Business Days of receipt.
9. If the Participant requires textbooks and/or any additional materials (learning or otherwise) and or any examination/assessment fees for the purposes of the Learning Services, this will be entirely at the Participant's own cost and are in addition to the Fee, unless the Guild states otherwise.

3. Supply of Learning Services

1. The Guild shall supply the Learning Services to the Participant in accordance with the course synopsis (as set out on the Website or set out in any hard copy) in all material respects.
2. The Guild shall use all reasonable endeavours to meet any particular dates and times specified in the course synopsis, website or other material but any such dates and time shall be estimates only and time shall not be of the essence for performance of the Learning Services.
3. The Guild reserves the right to amend or cancel any course, amend or vary the course content or any part thereof, the method of teaching, or the basis or media upon which the course is delivered, or change tutor, without notice should this become reasonably necessary. If it becomes necessary to cancel a particular course or part thereof comprised in the Learning Services, the Guild will refund any unused portion of the fee on a pro-rata basis as soon as is reasonably possible or if requested by the Participant any unused portion will be set off against any other Fees incurred by the Participant.
4. As indicated above the Guild reserves the right to amend the content and/or syllabus of any course comprised within the Learning Services and if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Learning Services, and the Guild shall notify the Participant in any such event.
5. The Learning Services will be provided to the Participant using reasonable care and skill.
6. The Guild adheres to all current guidelines concerning health protocols to include but not limited to Covid and any other relevant infection control protocols. If restrictions are implemented that prevent classes for all or some of the Learning Services occurring in person (Restrictions), then pro rata fees will be refunded or term dates will be altered or shortened or fees, if requested by the Participant, can be carried over.
7. In the event of Restrictions occurring the classes that can transfer to online learning will be noted on the Booking Form and the classes comprised in the Learning Services will do so. In this case, fees will not be refunded as notice will have been that the Guild reserves the right to transfer in person course to online learning, in order that the appropriate Restrictions can being implemented. Accordingly, the Participant hereby agrees that to engage online, the Participant hereby acknowledges and agrees that he has a good WIFI connection, a computer that runs Google Chrome on Windows 7 or later, a webcam, inbuilt microphone/speakers, or external microphone and speakers.
8. The parties acknowledge that the Guild may in certain situations be a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under these Terms and for the purposes of the Safeguarding Vulnerable Groups Act 2006.
9. The Guild shall:
   1. ensure that all individuals engaged in Regulated Activity are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service (“DBS Check”); and
   2. monitor the level and validity of the checks under this Clause 3.9 for each member of staff.
   3. not employ or use the Learning Services of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to any service users and/or Participants.
   4. The Guild warrants that at all times for the purposes of these Terms it has no reason to believe that any person who is or will be employed or engaged by the Guild in the provision of the Learning Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time.
10. The Guild shall immediately notify the Participant or his representative of any information that it reasonably requests to enable it to be satisfied that the obligations of clause 3.8 and clause 3.9 have been met.
11. The Guild shall refer information about any person carrying out the Learning Services to the Disclosure and Barring Service where it removes permission for such person to carry out the Learning Services (or would have, if such person had not otherwise ceased to carry out the Learning Services) because, in its opinion, such person has harmed or poses a risk of harm to any vulnerable adults.

4. Participant's obligations

1. The Participant shall:
   1. ensure that the terms of the Booking Form and any additional information that is provided by or on behalf of the Participant either in writing or orally are complete and accurate, furthermore the Participant will notify the Guild of any revised contact details and/or change of name;
   2. co-operate with the Guild in all matters relating to the Learning Services;
   3. provide the Guild with such information as the Guild may reasonably require in the Booking Form and any other additional requests for information to enable it to supply the Learning Services, and ensure that such information is complete and accurate in all material respects;
   4. provide a statement of any additional learning needs;
   5. keep any materials, equipment, documents and other property of the Guild (Guild Materials) in safe custody and in good condition until returned to the Guild, and not dispose of or use the Guild Materials other than in accordance with the Guild's written instructions or authorisation;
   6. comply in full with the content and spirit of the Mandatory Policies and hereby acknowledges that the content of the Mandatory Policies may be varied and updated from time to time.
2. If the Guild's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Participant or failure by the Participant to perform any relevant obligation (Participant Default):
   1. without limiting or affecting any other right or remedy available to it, the Guild shall have the right to suspend performance of the Learning Services to the Participant until the Participant remedies the Participant Default, if this is in the Guild's sole opinion and to rely on the Participant Default to relieve it from the performance of any of its obligations in each case to the extent the Participant Default prevents or delays the Guild's performance of any of its obligations;
   2. the Guild shall not be liable for any costs or losses sustained or incurred by the Participant arising directly or indirectly from the Guild's failure or delay to perform any of its obligations as set out in this clause 4.2; and
   3. the Participant shall reimburse the Guild on written demand for any costs or losses sustained or incurred by the Guild arising directly or indirectly from the Participant Default.

5. Intellectual property rights

1. All Intellectual Property Rights in or arising out of or in connection with the Learning Services (other than Intellectual Property Rights in any materials provided by the Participant) shall be owned and/or controlled by the Guild.

6. Limitation of liability: THE PARTICIPANT’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

1. The Guild has obtained insurance cover in respect of its own public legal liability for individual claims not exceeding £10,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover the Guild has been able to arrange and the Participant is responsible for making its own arrangements for the insurance of any excess loss.
2. References to liability in this clause 6 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
3. Nothing in this clause 6 shall limit the Participant's payment obligations under the Contract.
4. Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
   1. death or personal injury caused by negligence;
   2. fraud or fraudulent misrepresentation; and
   3. breach of the terms implied by section 2 of the Supply of Goods and Learning Services Act 1982 (title and quiet possession).
5. Subject to clause 6.4 (Liabilities which cannot legally be limited), the Guild's total liability to the Participant:
   1. for loss arising from the Guild's failure to comply with its data processing obligations shall not exceed £20,000; and
   2. for any other loss or damage shall not exceed the value of the Fee paid by the Participant to the Guild.
6. This clause 6.7 sets out the types of loss that are wholly excluded:
   1. loss of profits;
   2. loss of agreements or contracts;
   3. loss of anticipated savings;
   4. loss of use or corruption of software, data or information; and
   5. indirect or consequential loss.
7. The Guild has given commitments as to compliance of the Learning Services with relevant specifications in clause 3. In view of these commitments, the terms implied by sections 3 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

7. Termination

1. Without affecting any other right or remedy available to it, the Guild may terminate the Contract with immediate effect by giving written notice to the Participant if he commits a material breach of any term of the Contract, to include but not limited to any breach of the Mandatory Policies and (if such a breach is remediable in the absolute discretion of the Guild, acting reasonably) the Participant fails to remedy that breach within five Business Days of the Participant being notified in writing to do so.

8. Consequences of termination

1. On termination or expiry of the Contract:
   1. the Participant shall return all of the Guild Materials which have not been fully paid for. If the Participant fails to do so, then the Guild may enter the Participant's premises and take possession of them. Until they have been returned, the Participant shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the Contract.
2. Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

9. General

1. Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
2. Assignment and other dealings.
   1. The Guild may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
   2. The Participant shall not assign or transfer or deal in any other manner with any of his rights and obligations under the Contract.
3. Entire agreement.
   1. The Contract and the Mandatory Policies constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
   2. Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.
   3. Variation. Except as set out in these Terms, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
4. Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
5. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract deleted under this clause 9.5 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
6. Notices.
   1. Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (in the case of the Guild) or sent by email to the address specified on the Website.
   2. In the case of the Participant, the said notice or communication under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service to the address the Participant has supplied to the Guild or sent by email to the address specified by the Participant on the Booking Form.
   3. Any notice or communication shall be deemed to have been received:
      1. if delivered by hand, at the time the notice is left at the proper address;
      2. if sent by pre-paid first-class post or other next working day delivery service, at 10.00 am on the second Business Day after posting; or
      3. if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 9.6.3(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is a Business Day.
   4. This clause 9.6 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
7. Third party rights.
   1. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
8. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
9. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.