Date of last update 18/01/22
Welcome to London Art Studies and The Academy. These Terms and Conditions (the “Terms”) apply to the entire contents of the Website under the domain name www.londonartstudies.com (the “Website”).
Our terms are designed to provide our subscribers and visitors with a guideline as to how all aspects of our services are accessed and how you can and should interact with our services. Please read these Terms carefully before using the Website, subscribing or making a purchase.
By using the Website, you are acknowledging that you have read and accept these Terms . If you do not accept these Terms, please do not use the Website, subscribe or make a purchase.
This Website, and the content on it belongs to or is licensed by London Art Studies Limited. London Art Studies Limited is a company limited by shares registered in England and Wales under company registration number 07853038 with its registered office c/o Mackenzie Field, Hyde House, the Hyde, Edgware Road, London NW9 6LA (“We” or the “Company”).
1. CONDITIONS OF USE
You agree to use the Website only in accordance with these Terms and for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website.
2. CHANGES TO THIS WEBSITE
i. The Company may revise or change these Terms at any time by updating these pages. Please check the Website to review the Terms regularly because they are binding on you. To help, we’ve added the last date changes were made to the heading above. Also, if you’re a subscriber, we’ll notify you by email of any major changes we make to our subscription arrangements. See below in the “Subscriptions” section for more details. Your continued use of the Website, or continued subscription, after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Website, or cancel your subscription (see “Subscriptions” section below for more details) if you are not happy with any changes.
ii. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
3. USE OF CONTENT FROM OUR WEBSITE
i. Parts of our services are only accessible to our subscribers and not to visitors. In addition, we may not offer or make available all of our services or content to residents of certain countries.
iii. In accessing the Website, you agree to only use the content (including but not limited to videos, images, graphics, audio content, text, logos and any other media) (the “Content”) for your own personal, non-commercial use. Save as permitted in these Terms, you are not permitted to copy, broadcast, download, store (in any medium), transmit, publish, show or play in public all or any part of the Content, for any other purpose whatsoever without the prior written permission of the Company. You are not permitted to adapt, modify or alter the Content or the Website (in whole or in part).
iv. If you would like to print or download extracts from our Website, or use any part of our website commercially (including in education services) please contact us at email@example.com.
v. No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission. For the avoidance of doubt, you shall be permitted to share links to our Website provided that you do not share your log in details (if you are a subscriber).
vi. Any rights not expressly granted in these Terms are expressly reserved.
vii. The Company does not accept unsolicited materials or ideas and is not responsible for the similarity to any of its Content, Website or programming in any media to materials or ideas transmitted to the Company.
viii. We provide our users (whether as a subscriber or visitor) with a variety of services. To benefit fully from our services you will need to become a subscriber as not all aspects of our services are made available to visitors.
ix. Our Academy content is educational and has been devised with input from educational professionals. However, subscribers do not obtain any qualifications from the use of our content, not does the use of our content guarantee exam success.
4. SERVICE ACCESS
i. It is your responsibility to ensure that the Company’s technology is compatible with your systems and devices. The quality of the display of the Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. The Company is not liable or responsible for any technical issues which may arise as a result of your failure to ensure compatibility as above. Due to its inherent nature of the Content, you acknowledge that the Company is not liable or responsible for any delay, disruption or disturbance in the operation of the internet.
ii. While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period. To the extent permissible by law, we are not responsible for any loss or damage resulting from use of our services or from any content posted on or through our services.
iii. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
iv. Technical support for the Content is available between the hours of 9.00am and 5.00pm, GMT/ BST Monday to Friday (excluding public holidays). Requests for support should be sent by email to firstname.lastname@example.org and the Company will respond as soon as reasonably practicable.
5. VISITOR MATERIAL AND CONDUCT
ii. You may not post or transmit to or from the Website any material:
That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
For which you have not obtained all necessary licences and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
iii. You may not misuse the Website and shall not circumvent, remove, alter, deactivate, degrade or thwart any of the Content or Website protections; use any robot, spider, scraper or other automated means to access the Content; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website; insert any code or product or manipulate the Content in any way or use any data mining, data gathering or extraction method.
iv. The Company shall be entitled to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of these Terms.
6. LINKS TO AND FROM OTHER WEBSITES
i. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of the content included in third-party websites and does not control and is not responsible for any third-party websites including their content or availability. The Company does not endorse or make any representations about third-party websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.
ii. If you would like to share a link to the Website, including on social media, you may only do so on the basis that you link to, but do not reproduce, the relevant page of the Website, and subject to the following conditions:
You do not remove, distort or otherwise alter the size or appearance of the London Art Studies Limited logo;
You do not create a frame or any other browser or border environment around the Website;
You do not in any way imply that the Company is endorsing any products or services other than its own;
You do not misrepresent your relationship with the Company nor present any other false information about the Company;
You do not otherwise use any trade marks displayed on the Website without express written permission from the Company;
You do not link from a website that is not either owned by you or on which you do not have the right to do so; and
You do not share our link on any third-party websites whose content is distasteful, offensive or controversial in any jurisdiction in which it is accessible, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
iii. The Company expressly reserves the right to revoke the right granted in Clause 6.ii or any other breach of these Terms and to take any action it deems appropriate.
iv. You shall fully indemnify the Company for any loss or damage suffered by the Company for breach of Clause
6. We refer you to the indemnity set out Clause 10 below.
Whilst our aim is to provide you with the best service we can, our service is provided “as is” and we do not and cannot guarantee the accuracy and completeness of the material on the Website or the content. We give no warranties of any kind. The Company may make changes to the material on the Website or the Content, or to the products and prices described in it, at any time without notice. The material on the Website or the Content may be out of date, and the Company makes no commitment to update such material or Content.
The statements and opinions expressed in the Content, videos and/or on the Website by third parties (including lecturers and experts engaged by the Company) are those of such individuals. They do not purport to reflect the opinions or views of the Company, its employees or sponsors.
i. The Company makes no statement about the suitability of the Content, information and services contained on, or accessed via, the Website.
ii. If you are subscribing to The Academy, it is your responsibility as parent or guardian to check the content and any activities within the content are suitable for your child, and to supervise and help your child whilst they complete any activities. We do suggest appropriate age bands for content within The Academy, but you know your child best.
iii. We exclude all liability and responsibility for any amount of loss or damage that may result to you or a third party in connection with the use, inability to use or the results of use of this Website, any third-party websites linked to the Website or the material on such websites. This includes any loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. All warranties, terms and conditions in this regard, including all warranties, terms and conditions implied by statute or otherwise, of satisfactory quality and fitness for purpose are excluded to the fullest extent permitted by law.
iv. The Company further excludes to the fullest extent permissible by law all liability for damages and direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, business interruption, depletion of goodwill and like loss) or otherwise incurred by you or any other person or organisation and arising out of or in any way connected with the use of the Website or the Content, whether based on contract, tort, strict liability or otherwise.
v. We do not purport to exclude legal liability for death or personal injury as a result of the Company’s negligence and for fraud or for any matter for which it would be illegal for the Company to exclude or to attempt to exclude liability.
vi. You agree to defend, indemnify and hold harmless the Company, its affiliates and officers, directors, employees and agents from and against any and all claims, liabilities, costs, damages, losses (including, without limitation, consequential and indirect losses) and expenses, including reasonable legal costs, arising out of or in any way connected with any breach by you of these Terms, your placement or transmission of any message, content, information, software or other materials, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity).
vii. You agree, that to the extent permissible by law, your sole and only remedy for any problems, issues or concerns with our service is to stop using our services, whether as a subscriber or as a visitor using one of our services.
i. If any section or portion of these Terms is determined by any court to be illegal or invalid, it shall be deemed modified to the minimum extent necessary to make it legal or valid and, if not possible, shall be deemed deleted, and the validity of the remaining Terms shall not be affected.
i. No failure or delay by the Company to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
11. RIGHTS OF THIRD PARTIES
i. These Terms govern the agreement of use of the Website between you and the Company and therefore no third party shall have any rights under these Terms or any subsequent amendments or to enforce any of its terms.
12. ENTIRE AGREEMENT
i. These Terms constitute the entire agreement between the you and the Company in respect of use of the Website and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
ii. You shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) by the Company that is not set out in these Terms. The Company shall not be liable for innocent or negligent misrepresentation.
13. GOVERNING LAW AND JURISDICTION
i. These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
14. CHANGES TO OUR TERMS
i. You agree to use the Subscription Service only in accordance with these Subscriber Terms for lawful purposes and in a way which does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website.
ii. These Subscriber Terms should be read in conjunction with the following which are additional to:
the rest of the Terms; and
the www.londonartstudies.com/terms for our third party payment providers currently: Eventbrite and Stripe
16. SUBSCRIPTION ACCOUNT
i. In order to use the Subscription Service, you must have internet access and must create a Subscription Account.
ii. To create a Subscription Account, you must complete the subscription form on the Website at www.londonartstudies.com/login for London Art Studies or www.academy.londonartstudies.com/pages/memberships for The Academy. By completing the form, you will create a username and password and will provide a current, valid and acceptable form of payment in accordance with the Payment Terms (the “Subscription Account”). We will protect any personal data you submit with your application in accordance with our Privacy and Cookies Policy.
iii. Your order constitutes an offer to the Company to purchase the Subscription Services. The Company may, in its discretion, decline to accept any order. Where the Company accepts your order, its acceptance will be automatic, and it will also send a confirmation email confirming your Subscription Account has been activated.
iv. The Company accepts no responsibility for receipt by you of our emails and you should ensure that your email address is correct and that you ensure that emails from us can be received to your inbox and pass any relevant security measures of filters.
v. Your username and password are unique to you. You must not reveal or share your username, password or any of your Subscription Account details to anyone or allow anyone to use your Subscription Account. If you are subscribing to The Academy for access by the children in your household, each child will have the opportunity to create their own log in and password. Please explain to your children the need to remember and not share their passwords and log- ins. The Subscription Service may be terminated without notice by the Company if you or anyone else provides log in details to third parties without the prior written consent of the Company.
vi. All Content provided to you through the Subscription Service is for your personal, non-commercial use only. Content is streamed over the internet. You are not permitted to copy, archive, reproduce, broadcast, download, distribute, store (in any medium), transmit, publish, licence, create derivative works from, offer for sale, show or play in public, adapt or change in any way the Content for any other purpose whatsoever without the prior written permission of the Company. The Subscription Service, including the content library, is regularly updated. You may view the Content primarily within the country in which you have established your Subscription Account and only in geographic locations where we offer our service and have licensed such Content. The Content that may be available to watch will vary by geographic location and may change from time to time. You should not attempt to watch the Content in any countries where it is not legal to do so and the Company accepts no liability for any Content you watch or attempt to watch in a country where such Content is not permitted.
vii. Any material you transmit or post in relation to the Content shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
viii. If you are under 16 years old please ask a parent or guardian to create a Subscription Account on your behalf.
ix. The Company will send you information relating to your Subscription Account (including, but not limited to payment authorisations, invoices, changes in password or payment method, confirmation messages and notices) via emails to your email address provided during registration.
17. SUBSCRIPTION PERIOD
i. Subscription Service for London Art Studies and the Academy is available in a monthly or annual Subscription. Access to the Content will be provided to Subscribers as soon as payment has been received and accepted in accordance with the Payment Terms.
ii. Monthly and Annual Subscriptions shall begin immediately on payment and continue on a rolling basis until terminated by you or the Company. Please see section 19 below for your cancellation rights.
iii. Specific details regarding your Subscription Account are available by clicking on the 'my account' link on the Website under ‘my academy’.
18. SUBSCRIPTION PAYMENTS
i. The price of each Subscription Service shall be as quoted on the Website and may be subject to change from time to time. We shall give you 30 days notice of any such changes to the price of your Subscription Service.
iii. The subscription fee and any other applicable taxes, charges and transaction fees will be charged on a rolling basis the monthly or annual date of your first payment or the next working day as applicable. Further details are set out in your Subscription Account.
iv. Failure to make payment shall result in your Subscription Account being suspended and access terminated immediately. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not change your payment method we may suspend your access to the Subscription Service.
i. If you cancel within 14 days of the start of your subscription, we will refund any payments received from you using the same method of payment that you used to purchase your subscription. You will not be entitled to a refund of your initial payment if you cancel after the first 14 days of the start of your subscription.
If you would like to cancel within 14 days of the start of your subscription, we advise you to cancel via telephone, as this will instantly confirm your cancellation. Please call +44 (0)20 7259 5634. Alternatively, you may email email@example.com from your registered email address, telling us you’d like to cancel and we will contact you regarding your request. These cancellation options are only available to subscribers who would like to cancel within 14 days of their subscription start date.
ii. You may cancel your Subscription Service at any time after the first 14 days by writing to us at firstname.lastname@example.org at least 5 days before your next payment is due. If you cancel your Subscription Service and your Subscription Account is automatically closed, you will need to subscribe again if you wish to watch further Content and videos. New subscriptions are at the Company’s discretion and we are under no obligation to accept your request for a new Subscription.
If you have a rolling monthly Subscription Service, your Subscription Account will automatically close on the date at which your next payment was due. You can continue to access the Content until this time.
If you have an annual Subscription Service, you will not receive a Refund for the annual Subscription Service and shall continue to have access to the Content until this time, after which your account shall automatically be closed. Cancelling your annual Subscription Service means that your Annual Subscription will not automatically renew in the following year.
iii. Save as set out in these Subscriber Terms and Course Booking Terms, payments are non-refundable, and the Company does not provide refunds or credits for any partial-month or year subscriptions or unwatched Content.
iv. The Company may cancel any subscription at any time where payment has not been received or where it reasonably believes in its discretion that you are in breach of the Subscriber Terms.
i. The Content, including the views provided by lecturers on the videos, are the personal opinions of the lecturers or presenters. The Company does not guarantee the accuracy and completeness of the Content. The lecturers, authors, presenters and the Company will not accept responsibility for loss howsoever occasioned to any person or persons arising from any reliance on the Content.
ii. The statements and opinions expressed in the videos and/or other Content by third parties (including lecturers, presenters and experts engaged by the Company) are those of such individuals. They do not purport to reflect the opinions or views of the Company, its employees or sponsors. Nothing stated in the videos or other Content shall be considered an endorsement or critique by the Company of any particular artist, artwork, gallery or museum.
iii. Some of the videos or Content may contain images or artworks which depict adult, material, nudity, violence, political scenes and/or religious idols and scenes some of which may be unsuitable for persons under the age of 18 and may be offensive to some viewers. We do our best to flag relevant content as showing adult themes, but we do not promise that we have spotted absolutely everything. If you see anything which you think needs to be identified as adult content and isn’t , please notify us at email@example.com Equally, our Academy Content is divided into age categories. If you believe that some Content is inappropriate for a particular age group, please let us know at firstname.lastname@example.org]. If you are accessing such content in a country which does not permit the viewing of such materials, please do not attempt to access the videos.
21. COURSE EVENTS AND BOOKING
i. Any events or courses advertised on this Website are hosted by the Company and tickets are purchased via a third-party provider, Eventbrite (https://www.eventbrite.co.uk) and are subject to Eventbrite’s Terms and Conditions at https://www.eventbrite.com/support/articles/en_US/.... You should familiarise yourself with Eventbrite’s terms as they apply to your course booking and our contract with you.
ii. Any event or course can be booked up to three months in advance of the relevant course date. Please note our terms of Refund at Clause 4 below.
iii. We reserve the right to alter the course content, speaker or venue where necessary at our sole discretion.
22. PRICE AND PAYMENT FOR COURSE BOOKINGS
i. The price of any event or course will be as quoted on the Website.
ii. Course or event prices are quoted per course or event including Value Added Tax (VAT). However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the course or event in full before the change in VAT takes effect.
23. REFUND POLICY FOR COURSE BOOKINGS
i. You may cancel your attendance at the course or event at any time within 7 calendar days, beginning on the day after you pay for the course or event by notifying us at email@example.com. It is your responsibility to ensure that the Company receives your email and we recommend retaining a delivery receipt. You must provide us with your booking reference number, date of booking and name in order for us to process your refund.
ii. If you are entitled to a Refund, we will notify Eventbrite within 7 working days to refund your payment. Payments are normally refunded within 4-5 working days from the date we notify Eventbrite but may take up to 7 days to show up on your bank statement. Refunds will be made via the same payment method used to pay for the course.
iii. If you notify us of your request to cancel the course or event less than 7 calendar days after having booked such course or event, the Company will not reimburse you for such course or event but may in our discretion offer you a replacement course.
iv. In the event that the Company has to cancel any course or event, the Company will notify you by email as soon as we can. You will be entitled to a refund which will be issued via Eventbrite as per the refund process above, and every effort will be made to re-schedule or offer a replacement course for the same price. Save for the obligation to issue you with a Refund, the Company accepts no responsibility for other expenses incurred including travel, accommodation or other expenses.
Should you have any questions regarding these Terms you may contact us at firstname.lastname@example.org