Terms and Conditions for the Supply of Training Courses and Coach Cymru  (Unsubsidised)  (T&Cs

1. Interpretation

1.1 The following definition and rules of interpretation apply to these T&Cs:-

1.1.1 Application Form shall mean the on-line application form for a Candidate to apply to FAW to enrol on a Training Course and/or sign up for Coach Cymru;  

1.1.2 Candidate shall mean the person who applies to enrol on a Training Course and/or Coach Cymru by submitting the Application Form or by authorising a third party to submit on their behalf; 

1.1.3 "Coach Cymru" shall mean the on-line interactive coaching portal run by FAW;

1.1.4 Contract shall mean the contract between FAW and the Candidate for the supply of the Services incorporating these T&Cs; 

1.1.5 "FAW" shall mean FAW Football in the Community Limited trading as FAW, company number: 03202751 whose registered office is at Dragon Park, Newport International Sports Village, Newport, NP19 4RA;

1.1.6 Fees shall mean the cost stipulated on the Application Form for the Training Course selected by the Candidate and/or Coach Cymru (excluding any card handling or processing charge which shall be paid in addition to the Fee); 

1.1.7 Services shall mean the services of FAW in delivering the Training Course and/or Coach Cymru to the Candidate pursuant to a Contract;  

1.1.8 Training Course shall mean the training course run by FAW, selected by the Candidate on the Application Form and which is designated on the Application Form as falling into one of the following categories:-

1.1.8.1 UEFA Licence Course;

1.1.8.2 Foundation Level Course; or 

1.1.8.3 Re-Validation Course;  

1.1.9 Working Days shall mean Monday to Friday excluding Bank and Public Holidays.

1.2 A reference to any particular law is the reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and include any sub-ordinate legislation for the time being in force made under it. 

1.3 Words in the singular include the plural and vice versa and reference to one gender includes reference to the other gender. 

1.4 Headings in these T&Cs are for convenience only and will not affect the interpretation of these T&Cs. 

2. Application of T&Cs

2.1 The Candidate must indicate acceptance of these T&Cs by submitting the on-line Application Form to FAW.

2.2 Subject to any variation under condition 2.3, the Services shall be provided on these T&Cs only.  

2.3 These T&Cs apply to all Services and any variation to them shall have no effect unless expressly agreed in writing and signed by FAW.  The Candidate acknowledges that he/she has not relied on any statement, promise or representation made or given by or on behalf of FAW.  

2.4 Each Application Form submitted to FAW shall be deemed to be an offer by the Candidate to enrol for a Training Course and/or Coach Cymru and to receive the Services. 

2.5 No Application Form submitted by the Candidate shall be deemed to be accepted until an electronic acceptance is issued by FAW. 

2.6 The Candidate shall ensure that the information he/she has provided on the Application Form is complete and accurate. 

3. Candidate’s commitment

3.1 In relation to the Training Course, the Candidate agrees that he/she will:-

3.1.1 attend and participate in 100% of all activities prescribed by FAW from time to time;

3.1.2 use his/her best endeavours to learn all new information provided to him/her during delivery of the Services;

3.1.3 respect and show consideration for all other persons receiving the Services and all staff delivering the Services;

3.1.4 be physically fit to the extent necessary for participation in the Training Course; and

3.1.5 submit his/her written assignments within the deadlines set by FAW from time to time. 

3.2 In relation to Coach Cymru, the Candidate agrees that he/she will abide by the website terms of use - https://www.faw.cymru/files/9215/4530/2371/FAW-Terms-of-Website-Use.pdf and the acceptable use policy https://www.faw.cymru/files/2915/4530/2337/FAW-Website-Acceptable-Use-Policy.pdf

3.3 The Candidate agrees that FAW may film aspects of the Services from time to time for training purposes.

3.4 The Candidate agrees to a Disclosure and Barring Service check being made against his/her name by or on behalf of FAW.

4. Delivery of the Services

4.1 Those parts of the Training Course that require the Candidate to attend tutorials or other training sessions at a training centre will take place at  such venue as FAW may stipulate from time to time. 

4.2 Any date specified by FAW for delivery of the Service is intended to be an estimate and time shall not be of the essence in any circumstance. 

4.3 FAW will deliver the Services exercising reasonable care and skill. 

4.4 FAW may deliver the Services in separate instalments.

5. First Aid Disclaimer

6. Fees, Refunds and Right of Cancellation 

5.1 The appropriate Fee for the selected Training Course must be paid to FAW in full by the Candidate when the Application Form is submitted.  FAW will reimburse the Candidate in full for any Fee paid if the Candidate’s application is rejected. 

5.2 The Fee for twelve (12) months' subscription to Coach Cymru must be paid to FAW in full by the Candidate when the Application Form is submitted. On submission of the Application Form the Candidate will be required complete a direct debit form for the Fee to be taken annually on the anniversary of the initial payment. FAW will reimburse the Candidate in full for the Fee paid if the Candidate's application is rejected.

5.3 At any time prior to the commencement of a Training Course or Coach Cymru, FAW shall have the right to cancel the Training Course by giving the Candidate as much written notice as is reasonable in all the circumstances.  In the event of such cancellation, FAW will reimburse the Candidate in full for the Fee paid. 

5.4 Right of cancellation:-

5.4.1 Unless the exception below applies, the Candidate has the right to cancel the Contract within 14 days without giving any reason.

5.4.2 The cancellation period will expire 14 days after the day on which FAW issued its acceptance.

5.4.3 To exercise the right to cancel, the Candidate must inform FAW of the decision to cancel by a clear statement (e.g. a letter sent by post, fax or email). The Candidate may use the attached <<model cancellation form>>, but it is not obligatory.

5.4.4 To meet the cancellation deadline, it is sufficient for the Candidate to send the communication of the right to cancel before the cancellation period has expired.

5.4.5 If the Candidate cancels the Contract, FAW will reimburse the Candidate (or any third party who made payment on behalf of the Candidate) all payments received and the reimbursement will be made without undue delay and not later than 14 days after the day on which FAW is informed about the Candidate's decision to cancel the Contract. Reimbursement will be made using the same means of payment as used for the initial transaction, unless the Candidate has expressly agreed otherwise. In any event, the Candidate will not incur any fees as a result of the reimbursement.

5.4.6 Exception“ the right of cancellation does not apply where the Service has been fully performed within the 14 day cancellation period and the performance of the Service began after a request by the Candidate accompanied by an acknowledgment that the Candidate would lose the right to cancel once the Contract had been fully performed.

5.4.7 Where following the express request of the Candidate, the Service has commenced within the 14 day cancellation period, FAW shall be entitled to charge the Candidate for the supply of the Services for the period ending with the time when FAW is informed of the Candidate's decision to cancel and calculated as a proportion of the total Fees payable under the Contract.

5.5 In relation to Training Courses only, in addition to the cancellation rights under condition 5.4 (and without in any way limiting the Candidate's cancellation rights under condition 5.4), the Candidate shall have the right to cancel the Contract at any time prior to the commencement of the relevant Training Course by giving written notice to FAW.  Provided the Candidate has paid the whole of the Fee at the time the cancellation notice is received by FAW, FAW will refund the following relevant percentage of the Fee (calculated from the day FAW received, or is deemed to have received, the notice):-

5.5 In relation to Coach Cymru only, a Candidate may cancel their subscription in addition to the cancellation rights under condition 5.4 (and without in any way limiting the Candidate's cancellation rights under condition 5.4), the Candidate shall have the right to cancel the Contract any time after the expiry of the initial twelve month period by giving written notice to FAW. Provided the Candidate has paid the whole of the subscription Fee at the time the cancellation notice is received by FAW, FAW will refund the annual subscription Fee on a pro-rata basis for any remaining whole months (calculated from the day FAW received, or is deemed to have received, the notice).

7. Termination

6.1 FAW may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the Candidate if the Candidate commits any breach of the Contract and (if capable of remedy) fails to remedy the breach within thirty (30) days after being required by written notice to do so.  No refund of the Fee will be made by FAW to the Candidate in the event of such termination.  

6.2 If the Candidate is in breach of the Contract then (without limiting any other right or remedy) FAW may be written notice immediately suspend the Services without incurring any liability. 

8. Liability of FAW

7.1 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

7.2 Nothing in the Contract excludes or limits the liability of FAW for:- 

7.2.1 death or personal injury caused by FAW's negligence; or

7.2.2 any matter which it would illegal for FAW to exclude or attempt to exclude its liability for; or

7.2.3 fraud or fraudulent misrepresentation. 

7.3 Any liability of FAW for non-delivery of the Services (or any part thereof) shall be limited to replacement of the Services within a reasonable time. 

7.4 Subject to condition 7.2, FAW shall not be liable for any indirect or consequential loss, cost, damages, charges or expenses suffered or incurred by the Candidate because of:-

7.4.1 any breach of the Contract by FAW; or

7.4.1 any acts or omissions of any third-party or other Candidate. 

9. Assignment and sub-contracting

8.1 The Candidate shall not be entitled to assign the Contract or any part of it without the prior written consent of FAW. 

10. Unforeseen Circumstances

9.1 FAW reserves the right to defer the date of delivery of the Services if it is prevented from or delayed in carrying out any of its business due to circumstances beyond the reasonable control of FAW including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riots, civil commotion, fire, explosion, flood, epidemic, lock-out, strikes or any other labour disputes, or restraints or delays effecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

11. Personal Information

12. General Provisions

11.1 All notices regarding the Contract shall be sent electronically to the parties respective addresses as set out in the Contract.  Notices shall be deemed to have been received on the day of dispatch unless an immediate delivery failure notice is received by the sender.

11.2 Each right or remedy under the Contract is without prejudice to any other right or remedy whether under the Contract or not.

11.3 If any provision of the Contract is found by any court, tribunal, or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provisions shall continue in full force and effect. 

11.4 Failure or delay by FAW in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver or any of its right under the Contract. 

11.5 Any waiver by FAW of any breach of, or any default under, any provision of the Contract by the Candidate shall not be deemed a waiver of any subsequent breach or default and shall in no way effect the other terms of the Contract.  

11.6 The parties under the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any party that is not a party to it.  

11.7 Formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the law of Wales and England and the parties submit to the exclusive jurisdiction of the courts of Wales and England. 

Version 3 - Dated: August 2020