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ONLINE COURSE BOOKING TERMS AND CONDITIONS
The CSM Short Courses Virtual Learning Environment (“Artscom VLE”) is the property of University of the Arts London, and trades under London Artscom Ltd (“Artscom”) at London Artscom Ltd, University of the Arts London, 3rd Floor, E Block, 16 John Islip Street, London, SW1P 4JU
• References in these terms and conditions to "we", "our" and "us" are references to us, Artscom.
• References in these terms and conditions to "our website" are references to the Artscom VLE, which includes all Artscom online courses.
• References in these terms and conditions to "the course" are references to the Artscom online course, part of the Artscom VLE.
Your Registration to the Online Course (“the course”) is subject to the following terms and conditions:
1. Basis of agreement
1.1.1 We consider these terms and the online course booking form to set out the whole agreement between you and us for the provision of the courses. These terms only apply to our contracts with consumers.
1.1.2 Please check that the details in these terms and on the online course booking form are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes by email us at onlineshortcourses@csm.arts.ac.uk, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
1.1.3 Please ensure that you read and understand these terms before you submit the online course booking form, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 1.4.
1.2 If any of these terms are inconsistent with any term of the online course booking form, the online course booking form shall prevail.
1.3 The online course booking form is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
1.4 These terms shall become binding on you and us when:
1.4.1 we issue you with written acceptance of a booking form; or
1.4.2 we notify you that we are able to provide the course, whichever is the earlier, at which point a contract shall come into existence between us.
2. Fees
2.1 Full payment of the course fees must be received prior to commencement of the course. Your place on the course cannot be confirmed until full payment is received.
2.2 All fees stated are inclusive of VAT.
3. Minimum age requirement
We cannot accept bookings from students under 18 years of age except for on those courses specifically listed as being for younger age groups. You confirm that you are 18 years of age or over. If this proves to be incorrect we may terminate our agreement with you.
4. Methods of payment
4.1 Fees can be paid by credit or debit card by post, fax or online. Payment by cheque is also accepted except in the two weeks prior to the course's start date. Please make all cheques payable to London Artscom Limited.
4.2 Fees can be paid by cash if payment is made in person.
4.3 Payment by bank electronic transfer, banker's draft or a payment which is sent for collection are accepted for UK and overseas residents. Please add £30 to your fee for the additional bank charges to be made to us and provide us with the transaction reference number. Our bank details are available on request.
4.4 If your company or organisation is paying for the course fees and would prefer to be invoiced, please write to us on your company's headed paper and send a company purchase order with your booking form. Payment is required within 30 days of the date of the invoice or as specified. Your place on the course is not confirmed until full payment has been received.
5. Payment by cash
5.1 If you wish to pay for your course in cash, and the amount is over £500, you will be required to provide photo ID at the time of booking. This ID should be either a driving licence or passport, which we will photocopy and attach a copy to your booking form.
5.2. If you subsequently require a refund (under the terms of our booking conditions, points 8 & 9) you will need to bring the same photographic ID to collect the cash refund. This will be checked against the original ID provided before any cash is refunded. Please note that cash refunds can only be collected on weekdays between 10am and 4pm.
6. Late applications
6.1 If there are places available on a course we will accept bookings right up until the course commences.
6.2 Late applicants will usually have their place on the course confirmed by telephone or email. If, however, you have not received confirmation within 24 hours of your application it is your responsibility to check the status of your booking. This can be done by contacting the Short Course Office.
7. Overseas applications
7.1 As we may need to contact you in the two weeks prior to the course start date, please ensure you include your contact details when making your booking.
7.2 Fees are payable in GBP and in the event of a refund, you will be refunded in GBP. London Artscom Limited will not be liable for any losses incurred as a result of currency fluctuations or exchanges.
8. Cancellations by you
8.1. Where you are an individual not a company and you book your course otherwise than in person, you have the right to cancel your booking within 7 days starting on the day after the contract between us comes into force in accordance with condition 1.4 ("Contract Date") unless the Contract Date is less than 7 days prior to the commencement of your course in which case you may cancel at any time up to the commencement of your course. Where you cancel your booking in accordance with this condition 9.1 you will be entitled to a full refund of any payments you have made in respect of the course.
8.2. In addition to the statutory cancellation rights set out in condition 9.1, the following apply:
8.2.1 Where you cancel your place on a course more than 7 days after the Contract Date but up to one month before the course start date, you will be entitled to a refund of the course fees, less an administrative charge of £30 to cover our costs.
8.2.2 Where you cancel your place on a course more than 7 days after the Contract Date but within one month of the course start date you will not be entitled to any refund unless a replacement student can be found for your place. If a replacement student is found you will be entitled to a refund of the course fees, less an administrative charge of £30.
8.3. If you have booked a course within one month of its start date conditions 8.2.1 and 8.2.2 will apply.
8.4 Cancellation requests must be made in writing.
Please note that refunds can take up to 3 weeks to process.
9. Cancellations by us
9.1 Please note that courses have minimum attendance levels and may be cancelled if too few bookings are received.
9.2 We reserve the right to:-
9.2.1 amend or cancel courses.
9.2.3 Substitute lecturers and tutors.
9.3 If we cancel a course we shall endeavour to give you at least one week's notice and you will have the option of transferring to another course or of having a full refund of the fees which we will return to you within three weeks.
9.4 We will not be liable for any losses arising as a consequence of any modification or cancellation of courses or time-tabling constraints as set out above and beyond the cost of the course fee.
10. Class postponement by us
If a class is postponed for reasons for which we are responsible, including staff illness, we will make every reasonable effort to reschedule the class or to add the missed hours on to the remaining course classes but accept no liability in this respect. We apologise for this inconvenience and urge you to ring the Short Course Office if you have any concerns.
11. Transfers
11.1 You may transfer onto another course up to one month before the course start date. Under these circumstances, you will be permitted to transfer subject to an administrative charge of £30 to cover our costs.
11.2.1 If you wish to transfer within one month of the course start date you will not be permitted to transfer unless a replacement student can be found for your place.
11.2.2 If a replacement student is found prior to the course start date, you will be permitted to transfer subject to an administrative charge of £30.
11.3 If you have booked a course within one month of its start date conditions 11.2.1 and 11.2.2 will apply.
11.4 Students can transfer a maximum of two times.
11.5 Transfer requests must be made in writing an email to onlineshortcourses@csm.arts.ac.uk.
11.6 You may not transfer to another course once your course has started
12. Substitutions
12.1 If you are unable to attend a course you are permitted to transfer your place to a substitute student up to one week before the start date.
12.2 We must be notified in writing by email of the substitute student's name and there is a £30 administration charge for each substitution.
12.3 Substitutions cannot be accepted after the course has started.
13. Non-attendance
13.1 Non-attendance of any live online classes due to illness or for personal or professional reasons does not give rise to the right to refunds, extra tuition or a transfer.
13.2 However, in such an event we will consider all the circumstances and take such action that we consider to be fair and reasonable at our complete discretion.
13.3 Please note that if alternative options are offered there may be an additional charge.
13.4 An archive of the online class will be available to view until the next class (typically a seven day period).
14. Events outside our control
We shall not be liable for any failure or delay in the performance, in whole or part, of any of our obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control including, but not limited to technical problems, loss of internet connection or poor connectivity, strikes, lock-outs or other industrial disputes (whether involving our workforce or the workforce of any other party), acts of God, wars, riots, civil commotions, malicious damage, compliance with any law or governmental order, rules, regulations or directions, accidents, breakdowns of plant, website, software or machinery, fires, floods, storms, pandemics, epidemics or other outbreaks of disease or infection, or failure in the public supply of electricity, heating, lighting, air conditioning or telecommunications equipment.
15. Certificates
To achieve a certificate of attendance you must attend at least 80% of the live online classes of the course. You will receive by email a certificate at the end of the course. The name given on the booking form will be the one that appears on the certificate. It is not feasible to examine and grade your work. Therefore the certificate of attendance is not a qualification. If for any reason you do not receive a certificate for reasons that we are responsible for then a replacement will be sent by email once your attendance has been verified by the course register or tutor. You may also collect a certificate from the Short Course Office with prior arrangement. Replacement certificates can be produced and posted up to one year after completion of your course but will incur a fee of £30.
16. Access to the course
16.1 The course is delivered on the Artscom VLE . It can only be accessed using the most up-to-date version of a web browser such as Firefox, Chrome, Safari or Internet Explorer on a computer using a contemporary processor and connected to the Internet using broadband. Minimum computer specification: Intel pentium 4 (PC) / G3 (MAC) with a minimum of 1GB RAM. Computer must be equipped with a webcam, a microphone and headphone. Broadband connection speed must be at least 2Mbps on download and 0.5Mbps on upload.
16.2 Before the start of the course, you will receive a call-for-action email, inviting you to register to the Artscom VLE by filling in your login details and password. You won’t be able to login to your course before registering on the Artscom VLE. It is your responsibility to protect your user name and password from unauthorised use. You must not disclose your user name or password to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We will not be liable for any unauthorised use which is made using your user name or password.
16.3 We cannot guarantee that our website will always be available to you and we shall not be liable if for any reason our website is unavailable at any time or for any period. We also cannot guarantee that the material which you download, or have access to, from our website will be free from bugs, viruses or other harmful or disruptive elements, and we will not be liable for any loss or damage caused by any such material.
17. Materials and equipment
17.1 In order to support your interaction with the live virtual classes, you will need a fully working webcam, microphone and earphones. Failure to secure and use such equipment will seriously jeopardize your access to, and experience of, the course, for which we are not liable.
17.2 The course fee does not include the cost of the materials you will need.
17.3 Please see the course description in our brochure and website for details of the materials which you will need.
17.4 Failure to acquire the required materials will delay your progress on the course.
18. English
All classes are taught in English. Applicants whose first language is not English should note that they are required to be proficient in written and spoken English and be able to participate in group discussions and presentations in English. As a guideline we would expect you to have an IELTS score of 6.0. University of the Arts London also offers English courses for overseas students (please call +44 (0)20 7514 7261 for more information).
19. Student conduct
Students are expected to conduct themselves in a professional manner and to recognise that other students also require support and assistance. If a student becomes persistently disruptive we reserve the right to offer a verbal or written warning and, if this does not resolve the situation, we may, at our discretion, ban the student from access to the course and we may exclude the student from the Artscom VLE.
20. Bank holidays
20.1 Wherever stated, bank holidays are those which take place in the UK and do not include overseas, non-UK public holidays.
20.2 Normally there are no Monday classes on bank holiday weekends and published course dates reflect this.
21. Copyright
21.1 We own or are licensed to use all the copyright and other intellectual property rights in the Artscom VLE and in the materials on our courses. You may print off one copy of any page(s) from our website and you may download course materials where available, for your own personal, non-commercial use only. You must not modify these copies or extracts in any way and you must not remove from them any of our (or our licensors') copyright or other proprietary notices.
21.2 When you upload material to our website as part of your course, you promise us that you are the owner of the material which you upload to our website or that you are otherwise entitled to upload this material for educational purposes, private study or research. You further promise that such material, or other work or material which you may display or transmit on the course, does not and shall not infringe the copyright or other intellectual property rights or any other rights (including rights of privacy and confidentiality) of any person anywhere, worldwide.
21.3 By uploading and using any of your own work in the course, you are automatically giving us the right to use the work in any part of a Artscom VLE course, or to include your work for promotional purposes in any media. Wherever possible, you will be acknowledged as the creator of the work. If you do not wish to give us the right to use your uploaded work in this way then you must expressly clarify this to us, in writing.
21.4 When registering on the course and using the Artscom VLE you agree not to:
• upload or transmit any material which contains any bugs, viruses, worms, Trojan horses, or other harmful or disruptive elements; or
• disrupt, interfere with or restrict the use of the Artscom VLE by other users; or
• reproduce or otherwise use any part of the course in contravention of these terms and conditions; or
• impersonate any other person or "out" any other person or create a false identity or attempt to gain unauthorised access to any part of the Artscom VLE including any other user's account and content; or
• share your course registration details with anyone
• share the course and its content with anyone other than those registered to study the course
• upload, transmit or display any material which:
o is false, obscene, sexist, homophobic, racist, defamatory, illegal, abusive, threatening, or otherwise discriminatory, offensive or objectionable; or
o in our opinion is likely to bring us into disrepute or otherwise damage our reputation; or
o does not comply with any applicable legal, statutory and regulatory requirements, including any applicable codes of practice; or
o includes links to any other website containing material which, if it appeared on our website, would be a breach of these terms and conditions.
• Reproduce, transmit or otherwise use any content of another student found on the course or on the Artscom VLE
• Reproduce, transmit or otherwise use any content of the course which is not for the sole purpose of the course
We reserve the right at our absolute discretion to refuse, edit or remove any material or information uploaded, transmitted or displayed by you which in our opinion does not comply with these terms and conditions or is not otherwise suitable for our website. However, we are under no obligation to moderate or monitor any material or information uploaded, transmitted or displayed by you or by other users of our website.
21.5 Due to copyright, and to respect other participants, the use of audio and/or visual recording in any form is not permitted during any course.
21.6 You may link to the Artscom VLE home page, provided you do so in a way which is fair and legal and does not damage our reputation or suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice at our discretion.
21.7 Our website may contain links to other websites which do not belong to us. We have no control over, and can therefore accept no liability for, such other websites.
22. Limitation of Liability
22.1 The learning materials are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis. To the extent permitted by law, the University excludes any representations or any warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness of a particular purpose, non-infringement, compatibility, security and accuracy. The learning materials may contain advice, opinions, statements or other information by various authors or organisations. Reliance upon any such advice, opinion, statement or other information is at your risk and to the extent permitted by law the University disclaims all liability and responsibility arising from any reliance placed on such information by any user of the learning materials or by anyone who may be informed of such information.
22.2 Where the learning materials provide links to other websites and resources provided by third parties, those links are provided for information only. The University has no control over the contents of those sites or resources or their privacy/data protection policies and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
22.3 In no event shall the University be liable to any party for any of the following losses or damages (whether such losses be foreseen, foreseeable, known or otherwise): loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, loss suffered by third parties, any direct, indirect, special, incidental, or consequential loss or damages arising out of use of the learning materials or reliance on any material or services provided in our website or accessed through it, whether or not amended by third parties and regardless of form of action.
22.4 Nothing in these conditions of use is intended to exclude the University’s liability for death or personal injury caused by the University’s proven negligence or fraudulent misrepresentation.
23. Health & Safety
Artscom and the course tutor are not liable for the settings and location you choose to access the course and Artscom VLE. It is your responsibility to ensure you access the course and Artscom VLE in a location and settings that follow appropriate health and safety measures. It is your responsibility to ensure any study or work undertaking as part of your involvement and contribution to the course is done so following appropriate health and safety measures.
24. Assignment
Except as set out in condition 12 you may not transfer any of your rights or obligations under these terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms to another organisation, but this will not affect your rights under these terms.
25. Data protection
We will only use the personal information you provide to us to provide the courses, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information. We will not pass your data to third parties.
26. Breach of these terms and conditions
If you are in breach of any of these terms and conditions, actions we may take against you include (without limitation):
• the immediate suspension or cancellation of your right to use our website;
• the immediate removal of any material you have uploaded onto our website;
• legal proceedings against you;
• disciplinary proceedings against you (if you are one of our employees or students); and/or
• disclosure of such information about you to law enforcement authorities as is required by law or as we reasonably believe is desirable.
You agree to indemnify us and keep us fully indemnified from and against all costs, expenses (including reasonable legal expenses), damages and losses arising out of any breach by you of these terms and conditions.
27. Relevant legislation
Users must comply with all UK legislation relating to the use of information, computers and networks. Applicable laws include:
a. Data Protection Act 1998. This act makes provision for the regulation of the processing of information relating to individuals, including the obtaining, holding, use or disclosure of such information. More information on our Privacy Policy.
b. Copyright, Designs & Patents Act 1988. Copyright material includes literary works (including computer software), artistic works (including photographs), sound recordings (including music), films (including video) and databases.
c. Computer Misuse Act 1990. The act provides safeguards for computer material against unauthorised access or modification.
d. Privacy and Electronic Communications (EC Directive) Regulations 2003. These regulations prohibit the sending of unsolicited marketing emails (or SMS/text messages) to individuals. In addition, the regulations control the use of ‘cookies’
e. Fraud Act 2006. The Act prohibits ‘phishing’ whereby official-looking emails guide unsuspecting users to fake websites (e.g. fake bank websites) in order to steal their login details. Creating or possessing software to enable this activity is also an offence.
28. General
28.1 We may change these terms and conditions from time to time. Any changes will be displayed on our website. You are deemed to have agreed to any changes when you next use our website following any such changes.
28.2 Please read our privacy policy which explains how we will use any personal data which you provide to us via our website. This privacy policy forms part of these terms and conditions. By using our website, you are therefore agreeing to the terms of our privacy policy
28.3 If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
28.4 If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
28.5 A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
28.6 These terms and conditions shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts.
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