Terms and conditions of use
1. Introduction 1.1 These terms and conditions shall govern your use of our website. 1.2 By using the Actors Combat Theatrical Training (ACTT)website, you accept these terms and conditions in full. Accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, it is advised you do not use the website or participate in the courses. 1.3 If you register with the ACTT or take part in our courses, you are agreeing to these terms and conditions. 1.4 You must be at least 16 years of age to join with a parent or guardians consent. By using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age. 1.5 Our website uses cookies. By using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2. Copyright notice 2.1 Copyright (c) 2019 Actors Combat Theatrical Training (ACTT) 2.2 Subject to the express provisions of these terms and conditions: (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence of the website 3.1 You may: (a) view pages from our website in a web browser; (b) download pages from our website for caching in a web browser; (c) print pages from our website; (d) stream audio and video files from our website for the benefit of promotion in a positive light only; and (e) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may not use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 You must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public other than in a positive light;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use the ACTT name, Administrator, Staff, Guest Teacher’s name in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the courses on offer or the website;
(b) send malicious emails or copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out for our website; or
(g) use data collected from our website or workshops for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our our website admissions page and booking, or in relation to our website, is true, accurate, current, complete and non- misleading.
5. Use on behalf of the Actors Combat Theatrical Training (ACTT)
5.1 If you use our website or attend ACTT Workshops you expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
6. Registration and accounts
6.1 To be eligible for a Membership Awards account (when announced)on our website under this Section 6, you must complete a Membership Registration form and arrange a direct debit via PayPal.
6.2 You may register for a course with our website by completing and submitting the workshop’s registration form on our website, and paying the relevant fee.
6.3 You must not allow any other person to use your membership number to book a place on a workshop.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your membership number.
6.5 You must not use any other person's membership number to book a place on a course.
6.6 For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.
6.7 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription via your payment method, i.e. Via your Paypal account.
7. Cancellation and suspension of Membership
7.1 We may:
(a) edit your Membership details and notify you in writing;
(b) temporarily suspend your account; and/or
(c) cancel your account,
(d)at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation of courses.
7.2 You may cancel your account on our website by emailing the FPW. You will not be entitled to any refund if you cancel your account in accordance with this Section 7.1 (b)
8. Workshop Fees
8.1 The fees in respect of our Workshop / Courses will be as set out on the website from time to time.
8.2 You must pay to us the fees in respect of our Workshops / Courses in advance, in cleared funds, in accordance with any instructions on our website.
8.3 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
8.4 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
8.5 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.5 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.5.
8.6 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
8.7 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
9. Cancellation right
9.1 This Section 9 applies if and only if you withdraw from a booking with the EXCEPTION OF ALL RESIDENTIAL COURSES–
9.2 You may withdraw from a course
(a) If you withdraw with more than seven days’ notice, a full refund will be given but a £30 administration fee will apply.
(b) If you withdraw with less than seven days’ notice, 50% of course fee will be refunded and a £30 administration fee will apply.
(c) No refunds will be given on withdrawals with less than 72 hours’ notice.
(d) Any points for the Award Scheme will be forfeited.
(e) All Residential or five day (or longer) Courses hold their own rules on the Application form regarding refunds. It is strongly advised to read the rules on refunds before agreeing to the course.
(f) Any course cancelled by the FPW will result in a full refund.
10. Your content: licence
10.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that take place on the Course may be used for promotion of the FPW
10.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
10.3 You grant to us the right to sub-license the rights licensed
10.4 You grant to us the right to bring an action for infringement of the rights licensed.
11. Report abuse
11.1 If you witness any unlawful, malicious, sexist, offensive activity during a workshop or activity that breaches these terms and conditions, please let us know.
11.2 You can let us know about any such material or activity by email.
11.3 If you find the guest speaker, practitioner or other students attending the course is unprofessional (inappropriate behaviour or sexual harassment for example), it is important to contact FPW immediately to explain the situation.
11.4 In all teaching practices, points of view may be given which hold a conflict of interest with yourself or others attending the course. If the views and behaviour fall into the area of 14.3 and not part of the Workshop you must contact the FPW immediately.
12. Limited warranties
12.1 We reserve the right to discontinue or alter any or all of our workshops or services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any workshops or services, or if we stop publishing the website.
12.2 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions our website.
13. Limitations and exclusions of liability
13.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
13.2 The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:
(a) are subject to Section 16.1; and (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.6 Every care is taken with the planning and execution of our Workshops. FPW does not accept responsibility for injury or death due to a student’s negligence, not following the correct instructions, misuse of equipment or the like.
13.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13.8 It is the student’s responsibility to look after and keep safe personal items during a workshop. The guest lecturer or the FPW will not take responsibility for loss or stolen items.
14. Indemnity
14.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
14.2 Damage to property, equipment, venues ( including equipment, furniture and any facilities) which has been done wilfully and with the intent to cause damage will result in prosecution and legal costs and damages will be applied.
15. Breaches of these terms and conditions
15.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
15.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
16. Third party websites
16.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
16.2 We have no control over third party websites and their contents, and subject to Section 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
17. Trade marks
17.1 Actors Combat Theatrical Training (ACTT)and our logos and our other registered and unregistered trade marks are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
17.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
18. Variation
18.1 We may revise these terms and conditions from time to time.
18.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
18.3 If you are a consumer and you have purchased any of our website services and there subsists a contract under these terms and conditions in respect of those website services, we will ask for your express agreement to any revision of that contract. We may make such revisions only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/or our internal business processes. We will give you at least 30 days' prior written notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us shall be automatically terminated and you will be entitled to a refund of any amounts paid to us in respect of website services that were to be provided by us to you after the date of such termination.
19. Assignment
19.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
19.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
20. Severability
20.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
21. Third party rights
21.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
21.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party
22. Entire agreement
22.1 Subject to Section 16.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
23. Law and jurisdiction
23.1 These terms and conditions shall be governed by and construed in accordance with English law.
23.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England
24. Statutory and regulatory disclosures
24.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
24.2 These terms and conditions are available in the English language only.
25. Our details
25.1 This website is owned and operated by Actors Combat Theatrical Training (ACTT)
25.2 You can contact us:
(a) using our website contact form; or
(b) by email, using the email address published on our website
Copyright © 2018 Actors Combat Theatrical Training - All Rights Reserved.
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