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Terms & Conditions 

These Terms and Conditions, together with Your Order or Subscription (as defined below) form set out the standard terms under which we will supply our products and/or services to You (“Terms and Conditions”). 

 

  •  (A)  Please read these Terms and Conditions carefully and ensure that You understand them before purchasing a Subscription. If You have any query about anything in these Terms and Conditions, please contact Us to discuss.

  •  (B)  All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We: 

    •  (i)  are required by law to give to You before You make an Order or request a Subscription; or

    •  (ii)  voluntarily give to You and You rely on it either when deciding to make an Order or request a Subscription or when, subsequently, You make any decision about the Services.

  •  (C)  These Terms and Conditions apply to the use of our Website.

 

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: 

 

“Access” means You accessing the Platform using Your login credentials; 

“Account” means the Account, referred to in sub-Clause 3.4, that You must set up with Us in order to purchase any Subscription; 

 

“Consumer” means an individual customer who purchases any Subscription or Order comprising of any Content which is to be received or used for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft, or profession, also referred to in these Terms and Conditions as “You/Your”; 

“Content” means any Content provided to You by Us as part of either Your Order or Subscription; 

“Contract” means the contract between Us and You formed as set out below when You purchase from Us; 

“Fees” means the Fees payable by You to ACA in order for You to access the Platform and/or Your Order; and 

“Month” means a calendar month; 

“Order” means an Order for an individual workshop which is not part of the Subscription or other products from our shop; 

“Platform” means the Platform on which Your Subscription or Order will be hosted; 

“Price” means the Price You pay for the Subscription or Order; 

“Subscription” means Access to the Content for a fixed period of time which shall include (but is not limited to); Access to a closed Facebook group, Access to an online course, Access to a backlog of pre- recorded tutorials, Access to recorded livestream sessions, or Access to paid workshops which shall be provided by Us to You as part of Your Subscription or Order; 

“We/Us/Our” means Academy of Creative Arts Ltd (“ACA"), a Private Limited Company registered in Karnataka, India  whose registered address is Academy of Creative Arts Ltd (“ACA”), a Private Limited Company registered in  A10 Brigade Exotica, Old Madras Road, Bangalore, Karnataka, India -560049

“Website” Our Website which is https://www.AcademyofCreativeArts.com

Each reference in these Terms and Conditions to “writing” and any similar expression means electronic communications sent by e-mail. 

 

2. Information About Us 

2.1  Academy of Creative Arts Ltd (“ACA”), a Private Limited Company registered in  A10 Brigade Exotica, Old Madras Road, Bangalore, Karnataka, India -560049

2.2  Our VAT number is 397 9217 37.

 

3. The Contract

3.1 These Terms and Conditions govern Your purchase from Us and will form the basis of the Contract between Us and You. Before submitting a request for an Order or a Subscription, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification. 

3.2  When You purchase a Subscription to Access Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence for You to Access, participate in and use the relevant Content for Your personal, non-commercial purposes. The licence granted does not give You any rights in Our Content other than may be set out in these Terms and Conditions (including any material that We may licence from third parties).

3.3  Nothing provided by us including any information on our Website other than as set out in these terms and conditions constitutes a contractual offer capable of acceptance. Your request for an Order or a Subscription constitutes a contractual offer that We may, at our discretion, accept.

3.4  A legally binding Contract between Us and You will be created upon our acceptance of Your Order or Subscription request, indicated by a successful Account set-up or email confirmation.

3.5  We shall ensure that the following information is given or made available to You prior to the formation of the Contract between Us and You, save for where such information is already apparent from the context of the transaction: 

3.5.1  the main characteristics of the Subscription or Order;

3.5.2  Our identity (set out above in Clause 2) and contact details (as set out below in Clause 12);

3.5.3  the total Price You pay for Your purchase including taxes;

3.5.4  when You pay, and when You can expect to receive Your purchase;

3.5.5  Our complaints handling policy;

3.5.6  in the case of a Subscription, when it starts;

3.5.7  in the case of an Order, details of that Order;

3.5.8  where applicable, any relevant compatibility of digital Content with hardware and software that We are aware of or might reasonably be expected to be aware of.

 

4. Access to the Services 

4.1  These Terms and Conditions set out Your use of the products and services and come into force as soon as Your Subscription or Order is confirmed.

4.2  Only You may Access the Platform.

4.3  If You do not agree to all of the Terms and Conditions You are not authorised to Access the Platform.

4.4  You shall not do any of the following: 
4.4.1 distribute, sell, copy, modify, supply, alter adapt, supply, translate, amend, incorporate, merge, or otherwise alter the Content provided to You by ACA.

 4.4.2  attempt to decompile, reverse engineer or otherwise disassemble any Content provided by ACA;

 4.4.3  attempt to copy, decrypt, duplicate, sell, lease, sub-license, rent, share, re-publish or redistribute any Content, nor any part thereof made accessible to You by ACA.

 4.4.4  remove or alter any logo, watermark, trademark, trade name, copyright, or other proprietary notification or marking affixed to or embedded in any Content.

4.5  To use the Platform, You will be required to provide information to create a login such as: 

4.5.1  name; and

4.5.2  email address.

4.6  The login credentials are personal to each registered user of the Platform. You agree to notify Us immediately of any unauthorised use of Your password or Account and to reimburse us for any improper, unauthorised, or illegal use of the same by You or by any person obtaining Access to the Platform or otherwise, by using Your designated username and password, whether or not You authorised such Access.

 

5. Fees and Payment 

5.1  You must pay the Fees before You will be able to Access Your 
Subscription or Order.

5.2  If You do not pay the Fees in accordance with clause 5.1 then without prejudice to any other rights or remedies, ACA may: 

5.2.1  suspend and/or disable Your Access to all or part of the Platform, and We shall be under no obligation to provide any products or services until You have paid; and

5.2.2  delete Your Account without further notice to You.

5.3  All Fees are payable in Sterling or US Dollars and are exclusive of value added tax and/or any other applicable taxes, which may be applied from time to time at the prevailing rate.

5.4  All Fees shall be paid by credit or debit card. All credit card and debit card payments are processed through PayPal and/ or Stripe or such other payment processor as ACA may decide to nominate from time to time. As such, Your card details used for payment are not stored on ACA’s servers, and payments cannot be taken through any customer support channels. Accordingly, ACA takes no responsibility for the security of Your payment card information.

5.5  ACA reserves the right to change the Fees at any time without notice.

5.6  Where You cancel Your Subscription or Order, any refund will be made in accordance with clause 11 (Cancellation).

5.7 Subscription Fees will either be payable monthly or yearly in advance and charged to Your registered credit or debit card.

5.8  Late payments will incur an interest charge on the overdue sum at the rate of 8% per annum. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum. 

5.9 The provisions of sub-Clause 5.8 will not apply if You have promptly contacted Us to dispute a payment in good faith. No interest will accrue while such a dispute is ongoing. 

 

6. Providing the Services 

6.1  Your Subscription and/or Order will start on the date confirmed in Your 
email confirmation.

6.2 Subscriptions are for a minimum period of 1 (one) Month from the date We confirm Your purchase. Subscriptions will automatically roll over on a Month-by-Month basis, or annually on the anniversary of Your purchase. Unless cancelled in accordance with clause 11 (Cancellation), Your Subscription will continue.

6.3  In certain circumstances, where You provide incomplete information, delays to the delivery of products and services may occur.

6.4  In certain circumstances, for example where We encounter a technical problem, We may need to suspend the services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention, We will inform You in advance in writing before suspending the Services.

6.5  We reserve the right to make changes to our Content at any time (this includes but is not limited to courses or live sessions, for example). In these cases, we will endeavour to keep You informed of any changes on our Platform or to Our services.

6.6  We reserve the right to refuse to accept admission to Subscriptions and/ or Content (this includes but is not limited to courses or live sessions, for example).

 

7. Intellectual Property Rights and Copyright 

7.1  The Content and related documentation are copyright works of authorship and are also protected under applicable database laws. ACA or its third-party collaborators retain ownership of the Content, all subsequent copies of the Content and all intellectual property rights subsisting therein, regardless of the form in which such copies may exist. These Terms and conditions do not constitute a sale of the Content or any copies thereof.

7.2  Without limiting clause 7.1, the Content, the Website, and any related products and/ or services (including without limitation text, text elements, logos, buttons, images, icons, source code, site design, structure, layout, distribution and Content connected with the services as well as the selection, assembly and arrangement thereof are owned by or licensed to ACA or otherwise used by ACA as permitted by law and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws. All rights not expressly granted to You in these Terms and Conditions are reserved to ACA, or its licensors. 

7.3  Access to the Platform and the Content provided by ACA is on the basis of the limited and terminable licence set out in clause 3.2 only and are not being sold to You. No automatic ownership, resale, reproduction, or distribution rights in respect of the Content are granted through such licence.

7.4  Access and payment for the Subscription and/ or Orders does not grant You ownership of any intellectual property rights (including for the avoidance of doubt, copyright, trademarks, patent, database rights, design rights or any other rights whether registered or unregistered or a similar nature anywhere around the world) to the Content.

7.5  You are not permitted to use, reproduce, share, or redistribute any of the Content without written permission from Us.

7.6  You are not permitted to remove, obscure, or alter any legal notices or watermarks displayed in or along with the Content.

 

8. Problems with the Platform and Your Legal Rights 

8.1  We always use reasonable efforts to ensure that Our Platform is trouble- free. If, however, there is a problem with the Platform, We request that You inform Us by emailing us at support@academyofcreativearts.com as soon as is reasonably possible.

8.2  We will use reasonable efforts to remedy problems with the Platform as quickly as is reasonably possible and practical.

8.3  As a Consumer, You have certain legal rights with respect to the purchase of services. For full details of Your legal rights and guidance on exercising them, it is recommended that You contact Your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in Price. If the services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the services), You have the right to a reduction in Price. If for any reason We are required to repeat the services in accordance with your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance. In cases where a Price reduction applies, this may be any sum up to the full Price and, where You have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the same payment method originally used by You unless You request an alternative method. In addition to Your legal rights relating directly to the services, You also have remedies if We use materials that are faulty or incorrectly described. 

 

9. Our Liability 

9.1  In no event will ACA be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of Your username and/or password. You may not use another person’s Account at any time.

9.2  We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

9.3  We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

9.4  Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation.

9.5  Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a Consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

 

10. Events Outside of Our Control (Force Majeure) 

10.1  We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, government action, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond Our reasonable control.

10.2  If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions: 

10.2.1  We will inform You as soon as is reasonably possible;

10.2.2  Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

10.2.3  We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary; 10.3  If an event outside of Our control occurs and You wish to cancel the Contract, You may do so in accordance with Your right to Cancel under sub-Clause 11.7.3. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of Your cancellation notice;

10.4  If the event outside of Our control continues for more than 4 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 11.4 and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.

 

11. Cancellation 

11.1  You may cancel Your Order or Subscription request within 14 days of placing it. If You have already made any payments to Us under Clause 5, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of Your cancellation.

11.2  No refund will be issued for cancellations made under clause 11.1 where You have accessed Content. 

11.3  Cancellation requests should be made through Your membership Account via the Platform.

11.4  ACA reserves the right to charge a cancellation fee where cancelled after the 14-day period has passed under clause 11.1.

11.5  We may cancel Your Order or Your request for Subscription at any time before We begin providing the services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. If You have made any payments to Us under Clause 5, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing You of the cancellation. Cancellations will be confirmed in writing.

11.6  We reserve the right to cancel Your Order or Subscription and/ delete Your Account in the event You: 

11.6.1  breach these Terms and Conditions; or

11.6.2  Your conduct on Our Platform is deemed to contravene our core values and rules (This includes Your conduct on our social media Platforms);

11.6.3  You fail to make payment of the Fees.

11.7  In the case of a Subscription, You are free to cancel the Contract at any time and if cancelled, Your Access to the Content will end on Your next payment date.

11.8  In the case of an Order, unless cancelled in accordance with clause 11.1, no refund will be issued. 

11.9  You will not be required to give 30 days’ notice in these circumstances: 

11.9.1  We have breached the Contract in any material way and have failed to remedy that breach within 30 days of You asking Us to do so in writing; or

11.9.2  We enter into liquidation or have an administrator or receiver appointed over Our assets; or

11.9.3  We are unable to provide the services due to an event outside of Our control (as under sub-Clause 10.2.4); or

11.9.4  We change these Terms and Conditions to Your material disadvantage.

11.10  We may cancel Your Order before delivery under sub-Clause 10.2.5.

 

12. Communication and Contact Details 

12.1  If You wish to contact Us, You may do so by email at 
support@academyofcreativearts.com.

12.2  In certain circumstances You must contact Us in writing When contacting Us in writing You may contact Us by email at support@academyofcreativearts.com.

 

13. Complaints and Feedback 

13.1  We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

13.2  If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, the Privacy Policy, or the Services, please contact Us by email, addressed to Madhubanti Mukherjee, support@academyofcreativearts.com.

13.3  All complaints will be responded to within 10 days of the date of receipt. If You are not satisfied with how we deal with Your complaint You may contact the Ombudsman Services, whose contact details can be found at https://www.ombudsman-services.org. 

 

14. How We Use Your Personal Information (Data Protection) 
We will only use Your personal information as set out in Our Privacy Policy which is available on our Website available at https://www.Academyofcreativearts.com/privacy-policy.

 

15. Other Important Terms 

​

15.1  We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

15.2  You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

15.3  The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

15.4  If any of the provisions of these Terms and Conditions are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

15.5  No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

 

16. Governing Law and Jurisdiction 

16.1  These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

16.2  As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces Your rights as a Consumer to rely on those provisions.

16.3  Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales. 

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