Terms & Conditions
Standard Terms for Online and Taught Courses
These terms and conditions apply to Services provided by Drawing At Work Ltd (company number 9668933) of 246 Linen Hall, 162-168 Regent Street, London W1B 5TB UK with VAT number 167064207 (“Drawing At Work Ltd” or “we” or “us”).
You may contact us on email@example.com and/or +44 794 1227 489.
These terms and conditions apply to registration on any Online Course and/or Taught Course. Please read these terms and conditions carefully before signing up to an Online Course and/or Taught Course and print off a copy for your records.
If there is any conflict between these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course or Taught Course then the conflict shall be resolved by applying the following order of priority:
- Course Specific Terms and Conditions;
- These Standard Terms for the Purchase of Online and Taught Courses;
For any registrations via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Drawing At Work Ltd to accompany a course provided a part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Drawing At Work Ltd for paid Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and registered to by you through the Website or by email or telephone.
“Taught Course” means a course taught by us in a classroom setting to which you attend in person.
“Website” means https://drawinggym.co.uk/
“you” means the individual enrolling for access to the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are enrolling for will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
Accessing Services via the Website
3.1. In order to access any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
3.2. When you place an order for a Service via the Website, email or telephone you are offering to use the Services on these terms and conditions. Drawing At Work Ltd reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.? below.
3.3. Following receipt by us of your order for Services via the Website or by email or on the telephone, we will contact you confirming receipt of your order.
3.4. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to register to Services from us by sending you an email confirming the registration; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below where it is a paid service.
3.5. Where your order consists of multiple paid Online Courses or multiple Taught Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
3.6. Drawing At Work Ltd does not and is not responsible for booking any examination with any professional body or examination board.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being registered and paid for (where applicable) by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.
4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Drawing At Work Ltd.
5.1. The Fees for the Services shall be as set out on the Website or as told to you over email or the telephone at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you.
5.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry.
5.4. Fees for the Service selected by you on the Website or purchased over email or the telephone shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any paid Taught Course or accessing any paid Online Course.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Drawing At Work Ltd shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.
6.1. Although Drawing At Work Ltd aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.2. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.3 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.3. Subject to clause 6.4 below, Drawing At Work Ltd's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant paid Online Course or Taught Course in relation to which a dispute has arisen.
6.4. Nothing in this Agreement shall exclude or limit Drawing At Work Ltd’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.5. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the presentations made by trainers at the Taught Courses are, and remain, the intellectual property of Drawing At Work Ltd or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Drawing At Work Ltd on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3 When you upload material to the Drawing Gym online, you confirm that you are entitled to upload this material for this purpose and that this will not in any way infringe any other person's rights.
7.4 You will not upload or share with other students or tutors any material which is unlawful or unsuitable according to societal norms in the United Kingdom or our policies. This includes uploading of material that is false, obscene, sexist, racist, homophobic, defamatory, illegal, abusive, threatening, extremist, destructive (like malware, viruses, bugs, etc.) or otherwise discriminatory, offensive, disruptive or objectionable to others.
7.5 By uploading material to our website, you give us the right to use the material in any part of our courses and to include your material in our own online and print material for promotional and research and development purposes.
7.6 Online Courses regularly makes use of third party service providers like Google, Facebook, Twitter, You Tube, Vimeo etc. some of which might be blocked in some countries. You acknowledge that it is your sole responsibility to ensure you are able to access the content of Online Courses including content on third party service providers. If you require further advice as to what service providers will be used on any Online Course, please contact us.
7.7 We are not responsible for the location, hardware and infrastructure you choose to access Online Courses from and as such it is your responsibility to comply with any necessary health and safety regulations that apply.
7.8. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your course Fees if you are accessing a paid course;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Drawing At Work Ltd, any teacher or lecturer who provides the Taught Courses or any student who attends any Taught Course;
- cheat or plagiarise any work which you are required to prepare or submit in connection with the Services;
- steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on attending our Online or Taught Courses;
- are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
Drawing At Work Ltd shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14. Data Protection
14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By registering for free Services or purchasing paid Services you agree to this Use.
14.2 When you register with us you will need to provide certain Data such as your contact details and professional information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and provide you with communications. We will not pass any personal data onto anyone outside of Drawing At Work Ltd,
14.4. We use information such as your User ID and session identifiers to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products.
14.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
14.6. Drawing At Work Ltd endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
14.7. Drawing At Work Ltd may supplement the information that you provide with information we receive from third parties, such as your employer.
14.8. If you wish to change or update the data we hold about you, please e-mail firstname.lastname@example.org or contact us on +44 794 1227 489.
15. Law and Jurisdiction
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.
You can contact us by any of the following methods:
Post: 50a Cambridge GardensLondon W10 5UD UK
Telephone: +44 794 1227 489