Terms and Conditions
LevelUp Global Ltd (“Oxbridge Interviews”, 'OI') – Terms and Conditions
- These Terms and Conditions shall apply to the provision of Services by the Supplier to the Client.
- In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Supplier in writing.
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Business Day" means a day (excluding Saturdays, Sundays and public holidays) on which banks generally are open for the transaction of normal banking business in the city of London;
"Client" means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which purchases services from the Supplier;
"Commencement Date" means the commencement date for the agreement;
"Fees" means the fees payable by the Client under Clause 4 in accordance with the Terms of Payment;
"Services" means the services to be provided by the Supplier to the Client;
"Supplier" means LevelUp Global Ltd; and
"Terms of Payment" means the terms of payment of Fees.
- Unless the context otherwise requires, each reference in these Terms and Conditions to:
- "writing", and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
- a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
- "these Terms and Conditions" is a reference to these Terms and Conditions and any Schedules as amended or supplemented at the relevant time;
- a Schedule is a schedule to these Terms and Conditions; and
- a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.
- a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
- The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
- Words imparting the singular number shall include the plural and vice versa.
- References to any gender shall include any other gender.
- The Services
- With effect from the Commencement Date the Supplier shall, in consideration of the Fees being paid in accordance with the Terms of Payment provide the Services to the Client.
- The Supplier will use reasonable care and skill to perform the Services.
- The Supplier shall use all reasonable endeavours to complete its obligations under these Terms and Conditions, but time will not be of the essence in the performance of these obligations.
- The Client agrees to pay the Fees in accordance with the Terms of Payment.
- In addition, the Supplier shall be entitled to recover from the Client its reasonable incidental expenses for materials used, and for third party goods and services supplied in connection with the provision of the Services.
- The Client will pay the Supplier for any additional services provided by the Supplier that are not specified in the original agreement in accordance with the Supplier's then current, applicable daily rate in effect at the time of the performance or such other rate as may be agreed. Any charge for additional services will be supplemental to the amounts that may be due for expenses.
- All sums payable by either Party pursuant to these Terms and Conditions are inclusive of any value added or other tax (except corporation tax) or other taxes on profit, for which that Party shall be additionally liable.
- All payments required to be made pursuant to these Terms and Conditions by either Party shall be made either in advance via the Supplier’s online booking system (Shopify) or will be due on receipt of the relevant invoice in GBP (pound sterling) in cleared funds to such bank in the UK as the other Party may from time to time nominate, without any set-off, withholding or deduction except such amount (if any) of tax as that Party is required to deduct or withhold by law.
- The time of payment shall be of the essence. If the Client fails to make any payment on the due date then the Supplier shall, without prejudice to any right which the Supplier may have pursuant to any statutory provision in force from time to time, have the right to charge the Client interest on a daily basis at an annual rate equal to the aggregate of 5% and the base rate of HSBC from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
- Variation and Amendments
- If the Client wishes to vary any details of the agreement he must notify the Supplier in writing as soon as possible. The Supplier shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Client. Provided that no variation shall come into effect until such time as the Supplier notifies the Client of its acceptance of such change.
- If, due to circumstances beyond the Supplier's control, it has to make any change in the arrangements relating to the provision of the Services it shall notify the Client immediately. The Supplier shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.
- The Supplier may terminate the agreement immediately if:
- the Client is in breach of any of his obligations hereunder;
- the Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with his creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of his undertakings or assets, or any preparatory steps in respect thereof;
- the Client has become bankrupt or shall be deemed unable to pay his debts by virtue of Section 123 of the Insolvency Act 1986;
- the Client ceases or threatens to cease to carry on business;
- the Client behaves in a manner that the Supplier considers to be misconduct, including but not limited to:
- engaging in rude, abusive, or threatening behaviour toward the Supplier, or its staff, representatives, or volunteers;
- continued failure to attend scheduled Services without compliance with the cancellation policy (as set out in Clause 9);
- requesting changes or rescheduling Services in a manner or frequency that the Supplier reasonably considers to be excessive.
- any circumstances whatsoever beyond the reasonable control of the Supplier (including but not limited to the termination of the service through no fault of the Supplier) arise that necessitate, for whatever reason, the termination of the provision of services.
- In the event of termination under Clause 7.1, for whatever reason, the Supplier shall retain any sums already paid to it by the Client without prejudice to any other rights the Supplier may have, whether at law or otherwise.
- If the Supplier fails to perform the Services with reasonable care and skill it will carry out remedial action at no extra cost to the Client. The extent of the remedial action shall be determined by the Supplier in its sole discretion, having regard for the extent of the Services already provided.
- The Client shall indemnify the Supplier against all damages, costs, claims and expenses suffered by the Supplier arising from loss or damage to any equipment (including that of third parties) caused by the Client, or his agents or employees.
- The Supplier shall not be liable to the Client, or be deemed to be in breach of these terms and conditions, by reason of any delay in performing, or any failure to perform, any of the Supplier's obligations if the delay or failure was due to any cause beyond the Supplier's reasonable control.
- The Client acknowledges and accepts that the Services provided by the Supplier are provided solely as advice and practice interviews and should be considered in that context only. The Supplier cannot, and does not claim to, guarantee the Client's success at any future interviews that they may have, or a place at any university. The Client hereby acknowledges and accepts that the admissions process at universities is a matter for the university alone and completely outside the Parties' control, and as such the Supplier cannot be held liable for the Client's unsuccessful application to any university.
- Although the Supplier aims to ensure the accuracy of information provided, this cannot be guaranteed. The Supplier accepts no liability if the information we provide proves to be incorrect or if the Client acts differently to how he or she would otherwise have acted without our services.
- The Client acknowledges that they will not be entitled to a refund for a failure to obtain a position at a university, and the Client will not be entitled to any additional Services free of cost as a result of their lack of success in the application process.
- Cancellation Policy
- Requests from the Client to cancel a previously booked service must be made by email via firstname.lastname@example.org. The day of receipt of the email (Business Days only) by the Supplier is the time that notice is given by the Client to request to cancel a booking. Requests made by email after operating hours (09.00-17.00 GMT) will be deemed given on the following Business Day.
- If the Client cancels less than five Business Days before the scheduled service, no refund will be given. If the Client cancels five or more business days before the scheduled service, the Supplier will refund the Client's booking minus a £35 administrative charge for arranging the interviews (this covers the Supplier's time in making the booking, as well as any credit card fees incurred taking the booking. Please note this £35 charge is per client, rather than per interview session arranged – i.e.: the Client will only be charged £35). If you have booked on of our Two Day, Full Day, Half Day courses and wish to cancel mid-way through the course, your refund will be the total cost of the Course minus the administrative fee and the sessions you've already had with us at their standard cost (rather than the discounted cost of the sessions in a Course).
- For all school services: where the Supplier has an agreement with a school to provide support within the school, if a student cancels more than 2 weeks before the scheduled service date a 100% refund will be granted; if the cancellation is made less than 2 weeks before the scheduled service no refund of fees will be given. This cancellation policy is relevant for all students who sign up to the Supplier's services via the school and includes those students for whom the Supplier provides support at its own venues.
- If the Client fails to attend the service on the date booked without giving notice within the above time periods the Supplier cannot offer any monetary refund. Retrospective notice (for any reason) given after the session date will not be accepted and no refund will be considered.
- At the discretion of the Supplier, and where space is available, the Client may move the date of their booking to another date free of charge, provided that the Client gives the Supplier at least five Business Days' notice prior to the date of the booking.
- The Client's booking will be deemed forfeited if: (i) the Client provides less than five Business Days' notice in a request to reschedule a booking; or (ii) the Client seeks to reschedule a booking for a second time. No monetary refund will be offered where a Client forfeits their booking and the Supplier shall be entitled to keep any booking fees already paid..
- At the discretion of the Supplier, where the Client cannot make the scheduled interview date due to circumstances outside of their control (e.g.: severe bad weather) an interview by phone or electronic means (such as Skype or Zoom) may be offered as a replacement, but no monetary refund will be offered if the Client declines this offer. The Supplier reserves the right, where for reasons of public health or individual safety, it considers delivering interviews online to be necessary, to offer interview services online as a reasonable alternative.
- Preparation Form
When clients book with the Supplier, they will be required to fill in an Interviewee Preparation Form. Clients must complete this Form and return it to the Supplier by 5pm on the Tuesday prior to the first session that is due to take place that weekend. If this is not adhered to, the interview session, that weekend, will be cancelled without a refund. If a booking for a weekend interview session is made on or after the Tuesday before it, the completed Interviewee Preparation Form must be returned within 24 hours of making the booking.
- Cancellation by LevelUp Global Ltd
The Client reserves the right to cancel any of its services. This right shall only be used as a last resort and all attempts to replace interviewers/trainers if sick/absent will be made before any consideration is given to cancelling a service. Full provisions to move/reschedule the service will be made. In the unlikely event that a course has to be cancelled the Client will be informed immediately and be refunded the charge. The Supplier cannot be held liable for any travel, accommodation, or other expenses that the Client may have occurred in the event of a cancellation.
Retention of Client Materials
- Force Majeure
Neither Party shall be liable for any failure or delay in performing their obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, plagues, epidemics, pandemics (including the obligation to comply with any governmental advice associated therewith) or any other event that is beyond the control of the Party in question.
- No waiver by the Supplier of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of these Terms and Conditions shall be effective only if given in writing and signed by the waiving Party and then only in the instance and for the purpose for which the waiver is given.
- No failure or delay on the part of any Party in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.
The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
The Supplier reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Services or facilities. The Supplier reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
- All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
- Notices shall be deemed to have been duly given when transmitted by email and on the third Business Day following mailing. Notices are to be addressed to the most recent email address notified to the other Party.
- Service of any document for the purposes of any legal proceedings concerning or arising out of these Terms and Conditions shall be effected by either Party by causing such document to be delivered to the other Party at its registered or principal office, or to such other address as may be notified to one Party by the other Party in writing from time to time.
- Complaints Policy
You can make a complaint by contacting us. We endeavour to respond to all customer complaints within five working days.
- Third Party Rights
These Terms and Conditions are personal to the Parties, and no other person shall have any rights therein, whether as a result of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Law and Jurisdiction
- These Terms and Conditions and any dispute or claim arising therefrom (including any non-contractual claims) shall be governed by English law.
- The Parties irrevocable agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim (including any non-contractual claims) arising out of or in connection with these Terms and Conditions.