1.1. Definitions

In these Terms:

“HFL Education” means Herts for Learning Ltd.

“Customer” means the organisation or individual purchasing the Qualification, which may include a reseller or employer booking on behalf of a Registered learner

“Registered learner” means the individual enrolled on the Qualification.

“Qualification” means the Level 3 and level 4 certificates and awards

“Gateway Qualifications” means the awarding organisation responsible for accreditation and certification.

“Extension” means a time-limited adjustment to course completion deadlines, granted in exceptional circumstances.

“Deferral” means an approved transfer of a Registered learner to a later cohort to complete the Qualification.

“Contract” means the agreement between the Registered learner and HFL Education formed upon booking confirmation.

“Learning platform” means the HFL SEND qualifications learning platform

“Start date” means the orientation session for the qualification

1.2. Access Arrangements and Reasonable Adjustments:

    1.2.1. Access arrangements and reasonable adjustments allow registered learners with specific needs, including special education needs or disabilities, to receive support without affecting the integrity of the assessment.

    1.2.2. Access arrangements or reasonable adjustments must be agreed between the registered learner and HFL Education prior to the registered learner accessing learning materials and assessment tasks. Registered Learners should request this by confirming on the booking form that they wish to discuss reasonable adjustments and assessment access arrangements.

    1.2.3. Where a Registered Learner requests a reasonable adjustment, they will need to meet with the Internal Quality Assurance Lead (IQA) to discuss and agree appropriate reasonable adjustments and access arrangements.

1.3. Scope

    1.3.1. These Terms apply to all bookings for this Qualification delivered by HFL Education.

    1.3.2. By completing a booking, the Customer agrees to be bound by these Terms.

    1.3.3. The Contract exists between HFL Education and the Customer. These Terms also apply to the Registered learner where relevant.

    1.3.4. The Customer is responsible for ensuring that any Registered learner it enrols is aware of and complies with these Terms.

2.1. A booking is confirmed upon written confirmation by email to the Customer.

2.2. Places are allocated subject to availability and payment terms.

3.1. Course fees must be paid in full by the Customer in accordance with invoice terms.

3.2. Access to the learning platform will not be granted until full payment has been received.

3.3. Failure to pay may result in:

    3.3.1. Delay or refusal of access for the Registered learner;

    3.3.2. Cancellation of the Registered learner’s place;

    3.3.3. Suspension of access to learning materials;

    3.3.4. Withholding of results and/or certification.

3.4. HFL Education reserves the right to charge interest on overdue payments at 4% above the Bank of England base rate where payment remains outstanding

4.1. Cancellation must be made in writing via easternp.gateway@hfleducation.org

4.2. Once access to the online platform has been granted, no refunds will be issued under any circumstances.

4.3. If a Registered learner withdraws after the course has started, no refunds will be issued under any circumstances.

4.4. The following cancellation terms apply:

5.1. The Qualification is delivered over a structured period (typically nine months).

5.2. HFL Education reserves the right to:

    5.2.1. Amend course content or delivery format;

    5.2.2. Reschedule delivery;

    5.2.3. Substitute tutors or assessors.

5.3. HFL Education will use reasonable endeavours to deliver the Qualification as advertised but does not guarantee that all elements will be delivered exactly as planned.

5.4. Where delivery is cancelled by HFL Education, an alternative or refund may be offered at HFL Education’s discretion.

6.1. This Qualification is accredited by Gateway Qualifications.

6.2. Registered learners must meet all Learning Outcomes and Assessment Criteria before certification can be awarded.

6.3. Assessment is subject to:

    6.3.1. Internal Quality Assurance (IQA) by HFL Education;

    6.3.2. External Quality Assurance (EQA) by Gateway Qualifications.

6.4. Certification is issued only once:

    6.4.1. all requirements are met; and

    6.4.2. Gateway Qualifications has verified completion.

6.5. Once the Qualification is awarded, access to systems and materials will cease.

7.1. Registered learners are responsible for:

    7.1.1. engaging with all course materials

    7.1.2. meeting deadlines

    7.1.3. maintaining academic integrity

7.2. Registered learners must not:

    7.2.1. plagiarise work

    7.2.2. submit work that is not their own

7.3. Registered learners undertaking Gateway Qualifications must adhere to this policy: Malpractice and Maladministration Policy which sets out responsibilities for preventing, identifying and addressing malpractice, maladministration and academic misconduct, with any suspected cases investigated in line with awarding body requirements and reported where necessary.

7.4. This guidance covers the responsible use of AI across Gateway Qualifications products and should be read alongside relevant specifications and policies, with qualification specific rules taking precedence: Use of Artificial Intelligence

7.5. Where a Registered learner leaves their employment setting, they may continue the Qualification independently.

8.1. Extensions may be granted in exceptional circumstances.

8.2. Deferrals will incur an administration fee of £30 + VAT

8.3. Registered learners will be deferred to the next available cohort and expected to complete the qualification by the end of that programme

8.4. Failure to complete within this deferred timeframe will require re-registration at full cost

8.5. HFL Education monitors learner engagement and academic progress throughout the Qualification. Where a Registered learner:

- repeatedly fails to submit assessment tasks within the required timescales;

- fails to complete requested amendments or resubmissions; or

- falls sufficiently behind the planned programme schedule

HFL Education reserves the right, following reasonable attempts to support the learner and secure re-engagement, to require the Registered learner to defer to the next available cohort where it reasonably considers that successful completion within the current cohort is unlikely.

8.6. Where a Registered learner has already been granted a deferral and continues to fail to make satisfactory progress, HFL Education reserves the right to withdraw the learner from the Qualification. In such circumstances, no refund shall be payable and re-registration shall be subject to the applicable fees at the time of re-enrolment.

9.1. Registered learners must follow their own workplace or setting safeguarding procedures if they have any concerns during the course of their studies.

9.2. Any safeguarding concern disclosed by a learner during a Facilitated Study Session (FSS) or directly to a course facilitator will be treated seriously and managed in accordance with the relevant safeguarding procedures.

9.3. Course facilitators are responsible for following their employing organisation's safeguarding policy and reporting processes and for notifying the HFL Internal Quality Assurance (IQA) Lead of the concern.

9.4. If an assessor identifies a potential safeguarding concern during assessment or marking, they will report this to the HFL Internal Quality Assurance (IQA) Lead. The IQA Lead will take appropriate action in accordance with HFL's safeguarding procedures.

9.5. Further information on HFL's safeguarding processes can be found in the Safeguarding Policy

9.6. Safeguarding concerns will be prioritised above standard assessment processes, and confidentiality cannot be guaranteed where a concern relates to the safety or welfare of a child or vulnerable individual.

10.1. HFL Education will process personal data relating to the Customer and Registered learner in accordance with UK GDPR

10.2. Registered learner data will be shared with:

    10.2.1. Gateway Qualifications (for registration and certification)

    10.2.2. Local Authorities or partners (where applicable)

    10.2.3. System providers for course delivery

10.3. Data may be retained in line with awarding body requirements for:

    10.3.1. Audit

    10.3.2. quality assurance

    10.3.3. regulatory compliance

11.1. Registered learners will be granted access to online learning platforms and assessment systems

11.2. Accounts may be suspended if:

    11.2.1. The Registered learner remains inactive for 45 days or more;

    11.2.2. terms of use are breached

12.1. Each party shall keep confidential any information obtained in connection with the Qualification that is not publicly available.

12.2. Confidential information shall only be used for the purposes of delivering or completing the Qualification.

12.3. Confidential information may be disclosed where required by law or regulatory obligation.

13.1. All materials remain the property of HFL Education.

13.2. Materials must not be copied, shared or distributed without prior written permission.

14.1. Nothing in these Terms limits liability for:

    14.1.1. death or personal injury caused by negligence;

    14.1.2. fraud or fraudulent misrepresentation;

    14.1.3. any liability which cannot be excluded by law.

14.2. Subject to clause 13.1, HFL Education shall not be liable for:

    14.2.1. loss of profit, business or goodwill;

    14.2.2. loss of data;

    14.2.3. any indirect or consequential loss.

14.3. HFL Education’s total liability shall not exceed the course fees paid by the Customer.

15.1. Registered learners must behave respectfully towards staff and other Registered learners.

15.2. Behaviour including abuse, harassment, discrimination or intimidation will not be tolerated.

15.3. HFL Education may suspend or terminate access where this clause is breached.

16.1. HFL Education may terminate the Contract immediately where:

    16.1.1. fees remain unpaid;

    16.1.2. The Customer or Registered learner commits a material breach.

16.2. On termination:

    16.2.1. access to systems will cease;

    16.2.2. any outstanding fees remain payable.

17.1. HFL Education reserves the right to amend these Terms.

17.2. These Terms constitute the entire agreement between the parties.

17.3. Each party acknowledges it does not rely on any statement not set out in these Terms.

17.4. These Terms are governed by the law of England and Wales.