Academy and Accreditation Terms and Conditions

1.1 Sunshine Accreditation is a trading name of SUNSHINE OFFICIAL LTD, a company registered in England and Wales under company number 16687297.

1.2 Our registered office is:

80 Apple Tree Close
Norton Fitzwarren
Taunton
England
TA2 6FF

1.3 Our contact email is info@sunshineaccreditation.com

1.4 In these Terms:

• “Sunshine”, “we”, “us” and “our” mean SUNSHINE OFFICIAL LTD trading as Sunshine Accreditation.
• “Academy”, “you” and “your” mean the training provider, educator, company, partnership or sole trader applying for or holding Sunshine accreditation.
• “Accreditation” means Sunshine’s private review, approval and ongoing quality assurance of an Academy or Course.
• “Approved Course” means a Course confirmed by Sunshine as accredited.
• “Course” means a training programme submitted for review or delivered by the Academy.
• “Educator” means any trainer, tutor, assessor, internal quality assurer, contractor or staff member involved in Course delivery.
• “Learner” means a person undertaking training with the Academy.
• “Platform” means Sunshine’s accreditation website, Academy portal, student system, certificate system and verification services.
• “Plan” means the accreditation package selected by the Academy.
• “Minimum Term” means the minimum contractual period shown on the order form or at checkout, normally 12 months.
• “Standards” means Sunshine’s accreditation, course-delivery, assessment, certification and quality-assurance requirements as updated from time to time.

2.1 These Terms apply to applications for and use of:

• training-provider approval;
• Course accreditation;
• Academy accreditation Plans;
• Academy and student portals;
• certificate and verification services;
• accreditation logos;
• directories and public listings;
• branded or licensed Course resources; and
• related quality-assurance services.

2.2 By submitting an application, accepting an order form, making payment or using the services, you agree to these Terms.

2.3 You confirm that you are purchasing the services wholly or mainly for business purposes.

2.4 Where you accept these Terms for a company or organisation, you confirm that you have authority to bind that organisation.

2.5 The agreement consists of:

• the order form or checkout information;
• these Terms;
• the Plan description;
• the Standards;
• any applicable data-processing agreement; and
• any written variation agreed by Sunshine.

2.6 If documents conflict, the order form will take priority, followed by these Terms, the Plan description and then the Standards.

3.1 Sunshine provides private accreditation and quality assurance for independent training providers and Courses.

3.2 Sunshine accreditation is not, unless expressly stated otherwise:

• Ofqual regulation;
• recognition under the Regulated Qualifications Framework;
• awarding-organisation approval;
• government approval;
• permission to issue regulated qualifications;
• a licence to practise;
• medical or clinical authorisation; or
• a guarantee of acceptance by every insurer, employer, council or professional organisation.

3.3 The Academy must not describe an Approved Course as an Ofqual-regulated qualification unless it is separately registered through an authorised awarding organisation.

3.4 The Academy must clearly distinguish between:

• a privately accredited Course certificate; and
• an Ofqual-regulated qualification certificate.

3.5 Accreditation confirms that Sunshine has reviewed information and evidence supplied by the Academy against the Standards. It does not transfer responsibility for Course delivery, learner safety or assessment decisions to Sunshine.

4.1 Applications may be completed in stages, including:

• Stage One: training-provider and Academy approval; and
• Stage Two: selection of a Plan and submission of individual Courses.

4.2 We may request evidence including:

• identity and business details;
• educator qualifications;
• teaching or training qualifications;
• vocational certificates;
• assessor or quality-assurance qualifications;
• continuing professional development;
• professional and teaching insurance;
• policies and procedures;
• Course manuals;
• lesson plans;
• assessment materials;
• learner journeys;
• practical protocols;
• health and safety information; and
• model, consultation and consent documents.

4.3 You must ensure all information and evidence supplied is accurate, authentic, current and complete.

4.4 Submission of an application does not guarantee approval.

4.5 Sunshine may:

• request further information;
• require changes to documents or processes;
• impose conditions;
• approve only certain Courses;
• defer a decision;
• reject an application; or
• require additional monitoring.

4.6 Timescales provided for review are estimates and depend on receiving complete and suitable evidence.

4.7 Failure to provide requested information within a reasonable period may result in the application being closed.

5.1 The Academy must remain legally and professionally suitable to provide training throughout the Accreditation period.

5.2 The Academy must maintain:

• appropriate business registration where required;
• suitable teaching and professional insurance;
• qualified and competent Educators;
• safe and appropriate training premises;
• appropriate equipment and products;
• current policies and procedures;
• secure learner records;
• fair assessment arrangements; and
• compliance with applicable law and professional requirements.

5.3 You must notify Sunshine promptly about any material matter that may affect Accreditation, including:

• loss or restriction of insurance;
• a serious learner complaint;
• safeguarding concerns;
• legal proceedings relating to training or treatments;
• investigation by an insurer, regulator, council or professional body;
• a serious adverse incident;
• changes in ownership;
• changes to Educators;
• changes to Course delivery;
• insolvency or ceasing to trade; or
• suspected certificate fraud.

5.4 Sunshine may reassess your suitability following any material change.

6.1 Every Educator must hold qualifications, knowledge, practical competence and experience appropriate to the Course being delivered.

6.2 Educators must also hold any teaching, assessing or quality-assurance qualifications required by the Standards or Plan.

6.3 The Academy is responsible for:

• verifying Educator certificates;
• checking identity;
• confirming current insurance;
• maintaining continuing professional development records;
• supervising new or higher-risk Educators;
• monitoring teaching and assessment quality; and
• taking action where standards are not met.

6.4 Accreditation is not automatically transferable between Educators, branches, franchises or businesses.

6.5 New Educators must be submitted to Sunshine where prior approval is required.

6.6 The Academy remains responsible for the conduct and work of employees, contractors, guest trainers and third-party Educators.

7.1 Only Courses confirmed in writing by Sunshine as approved may be promoted as Sunshine accredited.

7.2 Course approval applies only to the:

• approved Academy;
• approved Course title;
• submitted content;
• approved Educators;
• agreed delivery method;
• required duration;
• prerequisites;
• assessment method; and
• locations or branches covered by the approval.

7.3 You must not materially change an Approved Course without prior written approval.

7.4 Material changes include:

• reducing training time;
• removing learning outcomes;
• changing prerequisites;
• replacing practical assessment with theory-only assessment;
• moving from face-to-face to online or remote delivery;
• changing the treatment protocol;
• adding advanced techniques;
• changing Educators;
• combining Courses;
• using substantially different manuals; or
• opening additional branches.

7.5 Sunshine may require a new review or additional fee for material changes, new Courses or Courses outside the Plan limit.

7.6 You must deliver the Course in accordance with the version approved by Sunshine.

8.1 Your Plan will specify matters such as:

• the number of Courses included;
• access to Platform features;
• certificate services;
• resource access;
• directory listings;
• support;
• audits; and
• any additional services.

8.2 Course limits apply to the number of active Approved Courses, unless the Plan states otherwise.

8.3 You must upgrade or purchase additional Course capacity before exceeding your limit.

8.4 Removing a Course does not automatically entitle you to replace it with a substantially different Course without review.

8.5 Plan benefits cannot be transferred, shared or resold to another Academy.

8.6 Sunshine may make reasonable operational changes to Plan features. We will not remove a material paid benefit during the Minimum Term without providing an appropriate alternative, price adjustment or right to terminate the affected service.

9.1 The agreement begins on the date stated on the order form, at checkout or when your Plan is activated.

9.2 Unless stated otherwise, Accreditation Plans have a 12-month Minimum Term.

9.3 Where you select monthly payments, the monthly option spreads the cost of the 12-month agreement. It is not a cancel-anytime monthly contract.

9.4 Accreditation will normally remain active only while:

• fees are paid;
• required evidence remains current;
• the Academy complies with the Standards; and
• no suspension or termination ground applies.

9.5 Renewal arrangements will be shown on the order form or renewal notice.

9.6 Sunshine will provide reasonable notice of renewal and any renewal price change.

9.7 Price changes will not normally apply during the existing Minimum Term unless:

• required by law or tax changes;
• you upgrade or vary the Plan; or
• you agree to the change.

10.1 You must pay all fees shown on the order form, invoice or checkout page.

10.2 Fees may include:

• application or review fees;
• Plan fees;
• monthly instalments;
• additional Course reviews;
• certificate charges;
• printed certificate and postage charges;
• resource or branding fees;
• audit fees;
• reinstatement charges; and
• additional support requested outside the Plan.

10.3 Fees are exclusive of VAT unless stated otherwise.

10.4 Payment must be made by the due date using an accepted payment method.

10.5 You authorise Sunshine and its payment provider to take agreed recurring payments for the duration of the payment arrangement.

10.6 Cancelling a direct debit, card authority or payment instruction does not cancel the contract.

10.7 Where a payment fails, Sunshine may:

• notify you and request payment;
• retry the payment;
• restrict certificate requests;
• suspend Platform access;
• suspend the Accreditation;
• remove public listings; or
• terminate the agreement if the default continues.

10.8 Suspension does not remove your obligation to pay sums already due or remaining under the Minimum Term.

10.9 Reasonable interest and recovery costs may be added to overdue business debts where permitted by law.

11.1 Application and review fees cover work undertaken by Sunshine and are not refundable once the review has started, unless Sunshine has failed to provide the service with reasonable care and skill.

11.2 Where Sunshine rejects an application before Plan activation, we will refund any unused Plan fee paid in advance, less any separately identified application, review or work-completed charges.

11.3 Once Accreditation has been activated, fees are not refundable merely because:

• you change your mind;
• you do not use the Platform;
• you decide not to deliver the Courses;
• you cease trading;
• learner numbers are lower than expected;
• an insurer changes its requirements;
• you fail to supply required evidence; or
• your Accreditation is suspended or terminated because of your breach.

11.4 You may give notice to end the agreement, but where notice takes effect before the end of the Minimum Term, the unpaid balance of the Minimum Term remains payable.

11.5 This balance is due because the monthly payment option spreads the agreed annual fee and is not a monthly rolling service.

11.6 Where Sunshine terminates the agreement without breach by the Academy, Sunshine will refund a fair proportion of prepaid fees relating to the unused period, excluding completed application, review, Course and setup work.

11.7 At the end of the Minimum Term, cancellation and renewal will be handled in accordance with the renewal information provided to you.

12.1 The Academy is solely responsible for the contract for training made with each Learner.

12.2 You must provide Learners with clear information before booking, including:

• the Academy’s legal identity and contact details;
• Course content;
• delivery method;
• prerequisites;
• duration;
• practical requirements;
• assessment arrangements;
• price;
• deposits and payment plans;
• cancellation and refund rights;
• certificate arrangements;
• complaints and appeals procedures; and
• any significant insurance limitations.

12.3 Your Learner terms must be fair, transparent and appropriate to the way Courses are sold.

12.4 You must not represent Sunshine as the seller or training provider unless Sunshine has expressly agreed to deliver the Course.

12.5 You are responsible for:

• learner suitability;
• reasonable adjustments;
• accessibility;
• attendance records;
• model suitability;
• consultation and consent;
• infection prevention;
• practical supervision;
• safeguarding;
• health and safety;
• emergency procedures;
• assessment;
• feedback;
• complaints; and
• refunds owed by the Academy.

13.1 The Academy must deliver Courses safely, ethically and in accordance with applicable law and accepted professional practice.

13.2 You must have appropriate arrangements for:

• risk assessment;
• infection prevention and control;
• product safety;
• waste and sharps disposal;
• first aid;
• emergency response;
• adverse incident reporting;
• model consent;
• learner supervision;
• patch testing where appropriate;
• contraindications;
• aftercare; and
• safe equipment maintenance.

13.3 Where a treatment requires medical oversight, prescribing, licensing, registration or another legal condition, the Academy is responsible for ensuring that requirement is met.

13.4 Sunshine’s approval of Course materials does not constitute medical, legal or prescribing advice.

14.1 Certificates must only be requested or issued where the Learner has completed all required training and demonstrated the required competence.

14.2 The Academy must not:

• pre-sign certificates;
• issue blank certificates;
• issue certificates based only on payment or attendance where assessment is required;
• issue certificates for training not delivered;
• certify Learners retrospectively without adequate evidence;
• permit another Academy to use its certificate access;
• alter Sunshine certificate templates;
• create unauthorised certificate numbers; or
• misrepresent assessment evidence.

14.3 The Academy is responsible for the accuracy of:

• Learner names;
• Course titles;
• completion dates;
• Educator information; and
• assessment decisions.

14.4 Sunshine may place certificate requests on hold while evidence or quality concerns are reviewed.

14.5 Sunshine may sample assessment records before or after certificate issue.

14.6 Sunshine may correct, replace, suspend or withdraw a certificate where there is evidence of:

• fraud;
• administrative error;
• invalid assessment;
• insufficient evidence;
• identity concerns;
• malpractice; or
• serious breach of the Standards.

14.7 The Academy must cooperate with certificate investigations and communicate with affected Learners where reasonably required.

15.1 You must maintain complete and accurate records for each Learner, including where applicable:

• identity and contact information;
• prerequisite evidence;
• enrolment and attendance;
• theory results;
• practical assessment records;
• photographs or videos;
• consultation and consent records;
• feedback;
• assessor decisions;
• internal quality-assurance records;
• complaints and appeals; and
• certificate details.

15.2 Records must be retained for the period specified in the Standards, your Privacy Notice or applicable law.

15.3 Records must be:

• secure;
• legible;
• dated;
• attributable to the correct Learner;
• protected from unauthorised alteration; and
• available for legitimate audit or complaint purposes.

15.4 You must ensure there is a lawful basis for collecting and sharing Learner information with Sunshine.

15.5 Where practical evidence contains special-category or sensitive information, you must apply appropriate security, consent and data-minimisation measures.

16.1 Sunshine may monitor compliance through:

• document reviews;
• learner-file sampling;
• certificate sampling;
• student feedback;
• complaints;
• remote meetings;
• teaching observations;
• assessment observations;
• website and social-media reviews;
• mystery enquiries;
• branch inspections; and
• scheduled or risk-based audits.

16.2 You must cooperate with reasonable quality-assurance requests.

16.3 Sunshine will normally provide reasonable notice of an audit unless:

• there is a serious safeguarding concern;
• fraud or malpractice is suspected;
• advance notice could undermine the investigation; or
• urgent action is required.

16.4 Following monitoring, Sunshine may:

• confirm compliance;
• provide recommendations;
• issue an action plan;
• require additional evidence;
• increase monitoring;
• place conditions on Accreditation;
• restrict certificate access;
• suspend a Course; or
• withdraw Accreditation.

16.5 You must complete required actions by the stated deadline.

16.6 Failure to complete actions may result in suspension or termination.

17.1 The Academy must maintain suitable complaints and appeals procedures.

17.2 Learners must normally be allowed to complete the Academy’s complaints process before escalation to Sunshine.

17.3 You must notify Sunshine promptly of:

• serious complaints affecting accreditation standards;
• allegations of certificate fraud;
• serious assessment malpractice;
• safeguarding concerns;
• serious adverse incidents;
• legal action relating to Course delivery; or
• repeated complaints indicating a wider failure.

17.4 Sunshine may investigate complaints that relate to Accreditation or quality assurance.

17.5 The Academy must not victimise or disadvantage a Learner for making a genuine complaint or raising a safeguarding concern.

17.6 The Academy may appeal a formal Sunshine accreditation decision in accordance with the Appeals Policy.

18.1 During active Accreditation, Sunshine grants you a limited, revocable, non-exclusive and non-transferable right to use the approved Sunshine Accreditation logo.

18.2 The logo may only be used:

• by the approved Academy;
• for Approved Courses;
• during the active Accreditation period;
• in the format supplied by Sunshine; and
• in accordance with our branding guidance.

18.3 You must not:

• alter the logo;
• remove identifying details;
• use it for unapproved Courses;
• use it after suspension or termination;
• allow another business to use it;
• suggest Ofqual or government approval;
• suggest that Sunshine employs your Educators; or
• place it in a way that misleads Learners.

18.4 You must remove the logo and accreditation claims promptly following suspension, expiry or termination.

18.5 Sunshine may identify accredited Academies and Approved Courses in its public directory and promotional materials.

18.6 You must keep public Academy and Course information accurate and notify Sunshine of changes.

19.1 Each party retains ownership of intellectual property it owned before the agreement.

19.2 Where you submit your own Course materials:

• you retain ownership of those materials;
• you grant Sunshine permission to store, copy and review them for accreditation, quality assurance and complaint handling;
• you confirm that you own the materials or have permission to use them; and
• you confirm that they do not unlawfully copy another provider’s work.

19.3 You are responsible for checking the accuracy, legality and safety of your Course materials, including content produced or assisted by artificial intelligence.

19.4 Sunshine’s review does not transfer responsibility for the content to Sunshine.

19.5 Sunshine manuals, templates, policies, assessment questions, systems, certificate designs and branded resources remain the intellectual property of Sunshine or its licensors.

19.6 Unless the order form states otherwise, Sunshine resources are licensed to you:

• for the duration of the active Plan;
• for use within your approved Academy;
• for delivery to your own enrolled Learners; and
• subject to any branding and editing permissions provided.

19.7 You must not:

• resell Sunshine resources as standalone products;
• give editable resources to another Academy;
• upload them to shared drives or public websites;
• remove copyright information;
• licence or sublicense them;
• use them to operate an accreditation service; or
• continue using subscription-licensed resources after the licence ends.

19.8 Learners who completed a Course before termination may retain materials already lawfully supplied for personal reference.

20.1 Platform access is provided only for the approved Academy and authorised users.

20.2 You must ensure that login details are kept secure.

20.3 You must not:

• share administrator accounts;
• create false Learner records;
• upload malicious files;
• interfere with Platform security;
• extract or scrape data;
• reverse-engineer software;
• attempt unauthorised access; or
• use the Platform for unlawful purposes.

20.4 Sunshine may carry out maintenance, security updates and reasonable Platform changes.

20.5 Continuous, uninterrupted Platform availability cannot be guaranteed.

20.6 You are responsible for retaining appropriate copies of business and Learner information that you are legally required to keep.

21.1 Each party must comply with applicable data-protection law.

21.2 The Academy must provide Learners, Educators and models with appropriate privacy information.

21.3 Depending on the activity, Sunshine and the Academy may act as:

• separate data controllers for their own purposes; or
• controller and processor where Sunshine processes information only on documented Academy instructions.

21.4 Any applicable data-processing agreement forms part of these Terms.

21.5 The Academy must:

• collect only necessary information;
• keep information accurate;
• restrict access;
• use appropriate security;
• respond appropriately to data-rights requests;
• report relevant breaches;
• avoid retaining data longer than necessary; and
• ensure lawful international transfers.

21.6 You authorise Sunshine to use relevant data for:

• account administration;
• student portals;
• certificates;
• verification;
• quality assurance;
• fraud prevention;
• complaints;
• safeguarding;
• Platform security; and
• legal compliance.

21.7 The Academy must inform Learners that limited certificate information may be available through the verification service.

22.1 The Academy must maintain insurance appropriate to all Courses, treatments, Educators, premises and delivery methods.

22.2 Evidence of insurance must be supplied on request.

22.3 Sunshine may provide introductions, information or discounts relating to insurance, but does not act as the insurer.

22.4 Insurance is subject to the insurer’s own eligibility, underwriting, policy and claims decisions.

22.5 Sunshine does not guarantee:

• that every Learner will obtain insurance;
• that every insurer will recognise every Course;
• that an insurer’s requirements will remain unchanged;
• any particular premium;
• cover for a specific treatment; or
• acceptance in another country.

22.6 The Academy must not make guaranteed insurance claims in advertising unless confirmed in writing by the relevant insurer.

23.1 Sunshine may suspend the Academy, an Educator, a Course, logo use, certificate access or Platform access where:

• fees are overdue;
• required insurance has expired;
• qualifications or evidence cannot be verified;
• a serious complaint is under investigation;
• there is suspected fraud or malpractice;
• learner safety may be at risk;
• the Academy fails to complete an action plan;
• the Sunshine logo is misused;
• the Academy exceeds Plan limits;
• the Platform is misused; or
• the Academy breaches these Terms or the Standards.

23.2 Suspension may be immediate where necessary to protect Learners, the public, personal data or the integrity of the accreditation system.

23.3 Where appropriate, Sunshine will explain:

• the reason for suspension;
• what action is required;
• the evidence needed; and
• any deadline for reinstatement.

23.4 During suspension, the Academy must not advertise itself or affected Courses as actively Sunshine accredited.

23.5 Fees remain payable during suspension where the suspension results from the Academy’s breach, omission or non-payment.

24.1 Sunshine may terminate the agreement or withdraw Accreditation where:

• a serious breach cannot reasonably be remedied;
• a breach is not corrected by the stated deadline;
• false or fraudulent evidence was supplied;
• certificates were issued improperly;
• learner safety has been seriously compromised;
• required insurance is not maintained;
• the Academy repeatedly breaches the Standards;
• payment remains overdue;
• the Academy becomes insolvent or ceases trading;
• the Sunshine brand is seriously misused; or
• continued Accreditation could reasonably damage Learners or the integrity of Sunshine.

24.2 The Academy may terminate by giving notice in accordance with clause 11, but outstanding Minimum Term fees remain payable.

24.3 On termination, the Academy must:

• stop describing itself as Sunshine accredited;
• remove Sunshine logos and links;
• stop advertising affected Courses as accredited;
• stop using subscription-licensed resources;
• stop creating new Sunshine certificates;
• pay outstanding sums; and
• cooperate with reasonable arrangements concerning existing Learners.

24.4 Termination does not automatically invalidate certificates properly issued before termination.

24.5 Sunshine may maintain historic verification records and identify the dates during which Accreditation was active.

25.1 Where Accreditation ends, both parties should act reasonably to protect Learners who have already started training.

25.2 Depending on the reason for termination, Sunshine may:

• allow a limited teach-out period;
• require additional monitoring;
• prevent further enrolments;
• permit certificates for Learners with complete and valid evidence;
• require reassessment;
• transfer records where lawful; or
• refuse certification where standards have not been met.

25.3 A teach-out arrangement is not guaranteed where there are safety, fraud or serious malpractice concerns.

26.1 Each party must keep the other party’s confidential business, technical and commercial information secure.

26.2 Confidential information may be disclosed:

• to professional advisers;
• to insurers;
• to contractors who need it to perform the services;
• where required by law;
• for safeguarding;
• for fraud prevention; or
• for legitimate accreditation and complaint investigations.

26.3 This clause does not prevent Sunshine from publishing the Academy’s approved public listing or certificate-verification information.

27.1 Nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• deliberate wrongdoing; or
• any liability that cannot legally be excluded.

27.2 Sunshine will provide its services with reasonable care and skill.

27.3 Sunshine is not liable for:

• the Academy’s Course delivery;
• injury or loss arising from treatments delivered by the Academy;
• Educator acts or omissions;
• inaccurate evidence supplied by the Academy;
• learner refunds owed by the Academy;
• changes in insurer requirements;
• an insurer refusing cover;
• regulatory or legal changes;
• loss caused by Platform misuse;
• loss resulting from the Academy working outside its competence or insurance; or
• events outside Sunshine’s reasonable control.

27.4 Subject to clause 27.1, Sunshine will not be liable for indirect or consequential loss or for loss of:

• profit;
• revenue;
• anticipated savings;
• business;
• contracts;
• goodwill;
• reputation; or
• opportunity.

27.5 Subject to clause 27.1, Sunshine’s total liability arising from the agreement will not exceed the total Plan fees paid by the Academy to Sunshine during the 12 months immediately preceding the event giving rise to the claim.

27.6 The Academy is responsible for obtaining appropriate business, professional, treatment, teaching, cyber and public-liability insurance.

28.1 The Academy will be responsible for reasonable losses, claims, costs and liabilities incurred by Sunshine as a result of:

• unsafe Course delivery;
• an Academy-issued refund dispute;
• infringement of third-party intellectual property;
• unlawful use of personal data;
• fraudulent certification;
• misleading advertising;
• use of the Sunshine logo outside these Terms; or
• the Academy’s material breach of law, these Terms or the Standards.

28.2 This clause does not apply to the extent that the loss was caused by Sunshine’s own negligence or breach.

29.1 Neither party will be responsible for delay or failure caused by events outside its reasonable control.

29.2 This may include serious technical failures, cyber incidents, fire, flood, epidemic, government restrictions, industrial disputes, utility failures or disruption to key suppliers.

29.3 The affected party must take reasonable steps to reduce the disruption.

29.4 Payment obligations for services already provided are not cancelled by this clause.

30.1 Sunshine may update the Standards to reflect:

• legal or regulatory developments;
• insurer requirements;
• professional practice;
• safety concerns;
• quality-assurance findings;
• technology changes; or
• improvements to the accreditation service.

30.2 Sunshine will provide reasonable notice of material changes where practicable.

30.3 Urgent changes may take effect immediately where required for safety, law, security or fraud prevention.

30.4 If a material change substantially reduces a paid service during the Minimum Term, the Academy may contact Sunshine to discuss an appropriate alternative or adjustment.

31.1 You must keep your business name, address, email, telephone number, ownership and payment information current.

31.2 Notices may be sent by:

• email;
• Platform notification;
• recorded delivery; or
• another method agreed in writing.

31.3 A notice sent by email will be treated as received on the next working day unless an error notification is received.

32.1 Accreditation is granted to the approved Academy and cannot be transferred without Sunshine’s written agreement.

32.2 You must notify Sunshine before:

• selling the Academy;
• changing the legal entity;
• changing control or ownership;
• transferring Courses to another provider;
• franchising the Academy; or
• allowing another business to use your Platform account.

32.3 Sunshine may require a new application, evidence review or agreement following a change of ownership.

33.1 Nothing in these Terms creates a partnership, joint venture, employment relationship, franchise or agency between Sunshine and the Academy.

33.2 The Academy has no authority to make commitments, guarantees or representations on behalf of Sunshine.

34.1 The agreement represents the entire agreement between Sunshine and the Academy regarding the services.

34.2 Any variation must be confirmed in writing by an authorised representative of Sunshine.

34.3 If any provision is found to be invalid or unenforceable, the remaining provisions will continue to apply.

34.4 A delay in enforcing a right does not waive that right.

34.5 No third party has a right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

35.1 These Terms and any dispute arising from them are governed by the laws of England and Wales.

35.2 The courts of England and Wales will have exclusive jurisdiction.

35.3 Before starting legal proceedings, both parties should attempt to resolve the matter through Sunshine’s complaints or appeals process.