Terms of Service
Last updated 13th February 2019
We are Created Education Ltd, a company incorporated under the laws of England and Wales with company number 10889843 whose registered office is at Huckletree, Media Works, 191 Wood Lane, London W12 7FP (referring to ourselves as “Created”, “we”, “us” and “our” in these terms and conditions). These Course Terms apply to you as both a visitor to our website at https://www.created.academy/ (the “Website”) and if you sign-up to participate in any of our course programmes (including our first 9 month part-time course known as “Created In Motion Design” and due to commence on 2nd March 2019) (each a “Course”), as further detailed below. By agreeing to these Course Terms you also agree to abide by the obligations and restrictions in the Terms of Service of our platform provider – Northpass, in particular those under the heading “RULES Impermissible Conduct”.
SECTION A: COURSE OVERVIEW
1. How we work? We provide you, if your application is successful, with the ability to participate in our Courses in accordance with these Course Terms
2. What does each Course involve? Each Course is expected to be of 9-months in duration and it is anticipated will be developed and delivered by our motion design and learning experts. Further Course details, including course dates are available in our syllabus which you can download here or request via [email protected]. In addition to our “Created In Motion Design” course, Created has other courses which are in the pipeline and anticipates each Course will: (a) begin with a brief, followed by individual research and project execution, and in some parts, collaboration with other Course participants and/or industry professionals; (b) provide access to coaches, allowing you to participate in six one-to-one coaching sessions to support your personal development; (c) provide you with access to a mentor and allow you to participate in six one-to-one mentoring sessions all to support you on your projects and your professional development; and (d) include an opportunity to meet other Course participants and those involved in each Course at six ‘live’ events in a Central London location scheduled during each Course’s duration. For more information please refer to our FAQs page.
3. Your Personal Data: You agree that we are a data controller in respect of any personal data that we collect from you and process in conjunction with you showing interest in and/or participating in our Courses (with the terms “data controller”, “personal data” and “process” all having the meanings as set out in applicable data protection legislation, including the GDPR). Further details on our data handling practices are available in our Privacy and Cookies Policy.
SECTION B: COURSE APPLICATION AND REGISTRATION PROCESS
4. Applying and Registering for a Course and/or Taster Session: You may apply for a taster session at any time by following the instructions on the Website. However, in order to access and participate in any Course, you must complete our application form. By clicking “Apply Now” you:
- accept and agree to be legally bound by these Course Terms;
- accept and agree to be bound by the obligations and restrictions under the Northpass Terms of Service referred to above;
- confirm that you have provided Created with information that is true, accurate and up-to-date, in particular with respect to your registration details;
- confirm that you are over 18;
- confirm that you have not previously had access to any of our Courses denied by Created; and
- confirm that you are eligible to participate in the Course and are able to travel to London (or such other destination within the UK that we may notify to you) for the purposes of participating in the ‘live’ sessions scheduled to be held during each Course’s duration.
5. Considering your Application: Our Course registration process consists of an online application form followed by an interview either on the phone or in person with a member of our team. We’ll contact you via phone to arrange it and send you a confirmation email with the interview details. Created will then inform you whether or not your application has been successful via e-mail.
6. Course Application Rejection: Created cannot guarantee that your Course application will lead to you being successfully enrolled on a Course as, for example, each Course will only have a limited number of places and/or Created may not deem you suited to its Course. Created shall decide in its sole and absolute discretion whether your application leads to you being successfully enrolled on a Course. Created has no obligation to enter into correspondence with you in relation to its reason(s) for rejecting your application if you are not successful.
7. Course Application Confirmation: If Created decides to accept your application to enrol you on a Course you will be sent a confirmation email which shall constitute a legally binding contract between you and us that is subject to these Course Terms and which shall detail the deposit and payment processes and how, once the Course has been paid for, you will then be on-boarded and able to access and participate in your selected Course. Once onboarded we may, unless you opt-out, contact you about Course details via text message as well as e-mail in accordance with our Privacy and Cookies Policy.
8. Responsibility for Access: It is your responsibility to ensure that you have appropriate technical requirements in place to access and participate in each Course. In particular, you will need access to a computer and the following software packages: (a) Photoshop; (b) After Effects; (c) InDesign; (d) Illustrator; and (e) Cinema 4D. You are responsible for the costs you incur in accessing and participating in the Course (including related software licence fees and internet usage charges, as well as any expenses as further detailed in Clause 12).
9. Individual Use: The rights granted to you to participate in a Course are to be used for your individual and personal career progression purposes only. You shall, once you have been on-boarded, keep your Course access details confidential and not disclose them to any third party. If you discover that the Course is being accessed and used by any third-party you agree to inform us immediately.
10. Problems: If you are having problems accessing any Course, please contact us via [email protected]. In addition if you have concerns or questions during any Course (whether relating to its learning content, the technical platform, coaches, mentors and/or submissions) then please raise these directly with the community support team via [email protected]. If your personal circumstances change in any way that could affect your attendance and completion of the Course, or you believe yourself or others to be at risk of harm, then you should raise these concerns with the Learning Director via [email protected].
SECTION C: COURSE FEES AND PAYMENT TERMS
11. Course Fees: To secure your place on your Course you must pay us a deposit. To take part in the Course and access the learning platform, you must pay Course subscription fees (see: FAQs) (the “Course Fees”). You may pay your Course Fees in the following ways (with these fee options notified to you by email and invoiced upon your selection of the payment option you wish to choose):
- Deposit plus Instalments: You may pay a Course Fee deposit (your “Deposit”), invoiced and payable upon confirmation of your application in accordance with Clause 7, with the remaining Course Fees (after deduction of your Deposit) then payable in equal monthly instalments with the first instalment due and payable at the commencement of the course and subsequent payments due and payable on the fifth day of each month commencing the month following the start of the course and ending in the month in which the course finishes; OR
- Up-Front: You must pay us a deposit, invoiced and payable upon confirmation of your application in accordance with Clause 7, and then the remaining Course Fees in one lump sum up-front which shall be invoiced 30 days prior to the start date of the Course and shall be due and payable 2 weeks before your first Course session starts. This is a discounted option to the full fee payable under the Deposit plus Instalments option above. You also have the option to pay the deposit and course fees together in one lump sum on acceptance of your place on the Course.
Subject to your cancellation rights, Deposits and Course Fees are non-refundable-see Clause 25 below, as if you do elect to withdraw from a Course we will incur costs in administering this withdrawal and may have lost the ability to find a replacement candidate to ‘step into your shoes’.
For more information on Course Fees and payment terms please refer to our FAQs page.
For more information on your Course cancellation rights see Clauses 24 and 25 below.
12. VAT and Expenses: The Deposit and the Course Fees are inclusive of VAT or other taxes (where applicable). The Deposit and Course Fees do not, however, cover expenses (such as your travel to our ‘live’ sessions). You are responsible for any such expenses (such as travel and accommodation) incurred by you in attending such sessions.
13. Payment: You shall pay the Course Fees (including any Deposit) via the payment methods detailed on your invoice. All payments by credit or debit card are subject to checks by us, your card issuer and any payment provider.
14. Third Party Payment Providers: We are not a payment provider or a ‘merchant’ for payment and may use third party payment providers such as Stripe to collect Course Fees including any Deposit. In such instances, we are not party to any agreement between you and the payment provider and are not liable for any claim or liability in relation to payment provision services. You may be bound by the payment provider’s terms which may be different to these Course Terms. Payment providers may decide whether you are suitable to use their services and we are not liable for such decisions.
15. Right to Suspend Access to the Course: If any payment due to us remains unpaid for more than 7 days after it becomes due and payable, Created reserves the right to suspend your access to the Course until payment is received. This includes, for example, if a recurring instalment payment of the Course Fees is refused by your bank or credit card provider.
SECTION D: SERVICE PARTICIPATION AND OUR INTELLECTUAL PROPERTY
16. Service Provision: Created shall provide each Course in accordance with the provisions of Clause 2, and professionally and with reasonable skill and care.
17. No Implied Terms: Subject to Clause 16, Created excludes, to the fullest extent permitted by law, any conditions, warranties, terms and undertakings which would otherwise be implied into any contract (whether by statute or otherwise) relating to its provision of the Course.
18. No Warranties: Subject to Clause 16, you acknowledge and agree that whilst Created will try to ensure that the Website, Course and Course Materials are relevant, accurate, complete and up to date, Created gives no other warranties of any kind in relation to the accuracy, completeness, currency or reliability of the Website and/or any of the Course Materials and your participation in the Course, including in relation to any advice provided by any of the industry experts assisting in the delivery of the Course and/or preparation of the Course Materials. In particular, the Course does not provide you with any formal accreditation or recognised qualification. Created will provide you with a certificate upon satisfactory completion of the Course (being completion of at least 90% of the Course) but makes no guarantee as to any other results that can be expected as a result of your participation in the Course. In addition, the coach and mentor assigned to you during your participation in the Course is assigned to you by Created in its sole discretion. Whilst Created will use reasonable endeavours to reassign you to another coach and/or mentor should you object, this may not always be possible and Created gives no warranties of any kind as to the suitability of any such coach or mentor assigned to you.
19. Website Access: It is possible that your access to the Website and any Course may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. In such cases we will notify you and attempt to restore the Website and/or Course as soon as we reasonably can.
20. Restriction on Limitations and Exclusions: Notwithstanding the other provisions in these Course Terms, none of the exclusions or limitations in these Course Terms shall exclude or restrict our liability for death or personal injury caused by Created’s negligence or for any fraudulent misrepresentation or for any other liability that Created cannot exclude or limit under any applicable law.
21. Exclusions of Liability: Subject to Clause 20, Created excludes its liability to you for any amount or kind of loss or damage including any direct, indirect, or consequential loss or damages (whether in tort, contract, or otherwise), and that may result to you or third parties arising out of or in connection with the provision by us to you of the Course.
22. Limitation of Liability: Subject to Clause 20, Created is not liable to you in contract, tort (including negligence or breach of statutory duty, misrepresentation or otherwise) or any other common law or statutory cause of action for any loss or damages which are deemed indirect, incidental, special, punitive, or consequential. Our total liability to you in contract, tort (including negligence or breach of statutory duty, misrepresentation or otherwise) or for any other common law or statutory cause of action or otherwise arising by reason of or in connection with these Course Terms shall be limited to the Course Fees paid by you in the 12-month period prior to the date of breach.
23. Force Majeure: Created shall not be responsible for any breach of these Course Terms caused by circumstances beyond its reasonable control.
SECTION E: CANCELLING YOUR PARTICIPATION IN A COURSE, TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN A COURSE
24. Your Course Cancellation Right: Within the 14-day period commencing on the date on which we email you to confirm your acceptance on your Course pursuant to Clause 7, you have, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the right to cancel your participation in your Course by notifying us of your wish to do so (your “Statutory Cancellation Right”). If you wish to enforce your Statutory Cancellation Right please contact [email protected] or phone us on 020 7193 7953 and we will provide you with our cancellation form and arrange to provide you with a refund of any Course Fees (including any Deposit) paid to us in this 14 day period.
25. Cancelling Your Participation in the Course: In addition to your Statutory Cancellation Right, in the event that you wish to cancel your participation in the Course you must contact us via [email protected]. If you do so, then whilst you may withdraw from your Course we shall have no obligation to provide you with a refund of any Course Fees (including any Deposit) that have already been paid to us which will be deemed forfeited. You will still be liable to pay any remaining Course Fees. These may only be waived at Created’s sole discretion.
26. Suspension of Your Participation in the Course: Created may, at its sole discretion, without liability, suspend your participation in the Course if: (a) under Clause 15 you have failed to pay any Course Fees (including any Deposit) due and payable; (b) in Created’s reasonable opinion, you have breached (or Created suspects you may have breached) the provisions of these Course Terms, including if you have allowed another person to participate in the Course using your access details. Suspension is not a waiver of any right of termination which Created may have under these Course Terms.
27. Terminating Your Participation in the Course: Created may terminate your participation in the Course without liability:
- upon providing 1 week’s written notice, at Created’s absolute discretion.
- immediately upon providing written notice if, in Created’s reasonable opinion, you have breached (or Created suspects you may have breached) the provisions of these Course Terms;
In the circumstances listed in Clause 27(a) above, Created shall refund you, on a pro-rata basis, a proportion of the Course Fees equal to the number of months remaining of the Term as at the date of such termination if you have paid for the Course in full and, where you have chosen to pay in instalments, no further instalments will be due except to the extent required to cover the period until termination.
In the circumstances listed in Clause 27(b) above, Created will not refund you any Course Fees already paid to it (including any Deposit), and any unused portion of your Course Fees for the Term will be forfeited. If you are paying on a monthly instalment payment plan, you will still be liable for any remaining instalments for the Course Term.
Created may at its sole option decide to cancel a Course prior to commencement, in which case all Course Fees (and any Deposit) paid in advance will be refunded and, if you have chosen to pay in instalments, no further instalments will be due.
28. Effect of Cancellation/Termination: The termination of your right to participate in your Course, for whatever reason, shall:
- iImmediately end all licences granted under these Course Terms to use Course Materials and your rights to participate in your Course;
- not affect any of your rights, remedies, obligations or liabilities that have accrued during the Term, including the right to claim damages in respect of any breach of these Course Terms; and
- not affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such expiry or termination.
SECTION F: INTELLECTUAL PROPERTY: USE OF WEBSITE, COURSE MATERIALS AND OTHER CREATED INTELLECTUAL PROPERTY
29. Created’s Intellectual Property:
- The Created Website: Our Website and its content (including all articles, blog posts, videos, podcasts, photographs, images, text, fonts, the CREATED name and logo, and designs, as well as our syllabus and toolkit) are owned by us (or our licensors) and are protected by intellectual property rights (including copyright, design rights, database rights and trade mark rights) and are made available for you to peruse and determine whether or not you wish to apply to participate in one of our Courses. If you wish to reproduce any element of our Website other than for your own personal and individual use you require our permission to do so.
- Course Materials: We own (or have a licence to use) all intellectual property rights (including all copyright, design rights, database rights and trade mark rights) subsisting in the Course (including all teaching materials, articles, videos, photographs, images, text, fonts and designs), as well as the materials comprising the content of the Course such as slide decks, notes, videos and guidance notes (“Course Materials”) (“Course Material IP”). All right, title and interest to the Course Material IP remains with us or our licensor(s)(as the case may be).
30. Licence to use our Course Materials to participate in the Course: Subject to your compliance with these Course Terms, including payment of the Fees, Created will provide access details to you entitling you to a non-exclusive, non-transferable, revocable, personal licence to participate in the Course and use related Course Materials (and associated Course Material IP) for the duration of your Course only. This licence is personal to you and should Created establish or reasonably suspect that you are using anyone else’s access details it shall have the right to suspend and/or terminate your access to the Course until this issue is resolved.
31. Restrictions: You may not, in relation to participation in the Course (including the Course Materials) and/or when browsing our Website:
- other than as permitted under Clause 30 above, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, distribute, alter, reverse engineer, decompile, disassemble or otherwise reduce to human perceivable form all or any part of our Website and/or the Course (including any Course Materials) except to the extent that the foregoing restrictions are not prohibited by applicable law;
- attempt to obtain, access, alter, or destroy all or any part of the Website and/or the Course (including Course Materials, data files, programs, procedures and/or information of Created);
- access, transmit, create or store any virus, worm, trojan horse, bot or other destructive or contaminating program when browsing the Website and/or participating in the Course; or
- deploy, when browsing the Website and/or participating in the Course, any bot, spider, web crawler or other automated query program at any time for any reason. We prohibit scraping, crawling, caching or otherwise accessing any content on the Website. The use of automated systems or software to extract data from the Website for commercial purposes, (‘screen scraping’) is prohibited unless you have a written licence agreement with us which permits you to do so.
32. Your Content: Any content that you submit to us when participating in the Course or otherwise (“Content”), including when browsing our Website or when you prepare briefs, create ideas and/or present on any chosen concept must not:
- incite, advocate, or express obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence;
- misrepresent the source of anything posted or uploaded, including impersonation of another individual or entity;
- include content that is protected by intellectual property rights, rights of privacy or publicity, or is in breach of any applicable law unless you own or control the rights thereto or have received all necessary consents;
- threaten, stalk, defame, defraud, degrade, victimise or intimidate an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion; or incite or encourage anyone else to do so;
- harm or disrupt, or intend to harm or disrupt, another user’s computer or allow you or others to illegally access software or bypass security, or servers, including but not limited to spamming;
- attempt to impersonate anyone (including a company or organization) or erroneously claim or imply (including through omission of fact) that you represent a company or organisation;
- contain or otherwise reasonably be considered as ‘junk mail’, ‘spam’, ‘chain letters’, or ‘pyramid schemes’;
- mischaracterise content you post or upload or contain the same or similar content to other content you have already posted; or
- attempt to manipulate the Course we provide.
33. Rights to use your Content, including Testimonials: Any Content (excluding personal data (as defined in the GDPR) which shall be dealt in accordance with such legislation) shall be considered neither confidential nor proprietary to you. We shall have no obligations with respect to such material and shall be free to host, display and otherwise use such Content for any purpose anywhere in the world in perpetuity. We may, for example, at the end of your Course ask you to provide a testimonial which we may then, if we wish, display on our Website.
SECTION G: GENERAL
- Changes to these Course Terms: We may update these Course Terms from time to time for legal or regulatory reasons. Any changes will be notified here on this page of our Website and via email. The changes will apply to the participation by you in the Course and/or when using our Website after we have given notice. If you do not wish to accept the new Course Terms you should not continue to participate in the Course and/or use our Website. If you continue to participate in the Course and/or use our Website after the date on which the change comes into effect, your participation in the Course and/or use of our Website shall be deemed to indicate your agreement to be bound by the updated Course Terms;
- Dealing in rights and obligations: You may not transfer any of your rights or obligations under these Course Terms to any other person as they are personal to you. Created reserves the right to transfer or assign its rights and obligations, in whole or in part, to any person (without your consent);
- No Waiver: If Created decides not to exercise or enforce any right that it has against you at a particular time, this does not prevent Created from later deciding to exercise or enforce that right;
- Third Party Rights: For the purposes of the Contracts (Rights of Third Parties) Act 1999 these Course Terms are not intended to, and do not, give any person who is not a party to them any right to enforce any of its provisions;
- Severability: If any part of these Course Terms is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Course Terms and shall not affect the validity and enforceability of the remaining provisions of these Course Terms. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent;
- Interpretation: references to “including” or “includes” shall be deemed to have the words ‘without limitation’ inserted after them and
- Entire Agreement: These Course Terms (and such documents referred to herein as forming part of these Course Terms) shall apply between us in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that you purport to apply). You shall not be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these Course Terms.
35. Governing Law and Jurisdiction: These Course Terms and any dispute arising out of or in connection with these Course Terms and/or participation in the Course shall be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and want to commence court proceedings, you must do so exclusively in the courts of England and Wales.
If you have any questions in respect of these Course Terms, you should contact us via [email protected].