The following terms and conditions (the “Terms”) apply to our provision and your use of the information, services and materials (“Online Content and Courses”) through the RG Creatives website (the “Website”) including you visiting and browsing the Website (being a “Visitor”) and registering with RG Creatives as a member (a “Member”).
These Terms should be read alongside, and are in addition to our policies, including our Privacy and Cookies and policies (the “Policies”).
Please read these Terms carefully. These Terms are non-negotiable. If you do not agree to them, you must stop using the Website and the Online Content and Courses immediately.
Definitions:
Capitalised terms used herein (and not otherwise defined) have the following meanings:
“Course Fee” means the fee payable for an Online Course;
“Member” means the singular person named on the booking form who will be participating in the course;
“Member Content” means the content produced by other members for the purposes of participating in the course only,
“Online Content or Online Course” means either an On Demand Online Course, a Scheduled Online Course, or an online course which does not have a predetermined start date and is available for study by you during the course;
“Online Study Materials” means any material in an electronic format which may be (i) downloaded from the Website or (ii) accessed and viewed on the Website, including, but not limited to, PDFs live videos, MP3s, JPEGs, MPEG4s and MOVs;
“Terms and Conditions of Website Use” means the terms and conditions pursuant to which you may access the Website;
“Website” means www.rgcreatives.co.uk or any other domain operated by RG Creatives;
The use of singular words herein also include the plural.
1. About Us
1.1. In these Terms, references to “we” or “us” are to RG Creatives, whose registered address is at 10 Lower Woodside Farm, Westfield, United Kingdom, AL9 6BL
1.2. In these Terms, references to “you” or “your” are references to you whether as a Member or Visitor.
1.3. RG Creatives offers Online Content and Courses created by RG creatives and also working with other third parties and other institutions from across the world (“Partner Institutions”).
2. Using the Course Content (Member conduct)
2.1. By using this Website and the Online Content and Courses, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time).
2.2. Your use of and access to this Website and the Online Content and Courses are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
2.2.1. You agree to use the Website and access the Online Content and Courses only for lawful purposes and your use of the Website and Online Content and Courses is in no way unlawful or fraudulent, and does not have the intention or effect of damaging us or our third party partners either reputationally or financially;
2.2.2. You agree not to use or access the Website or the Online Content and Courses for the purpose of contacting, harming or attempting to harm minors in any way;
2.2.3. You agree not to distribute all or any part of the Website or Online Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms including, without limitation, under paragraph 6.11;
2.2.4. You agree not to alter or modify any part of the Website or the Online Content and Courses;
2.2.5. You agree not to access the Website or Online Content and Courses through any technology other than the software provided by us or enabled via APIs or other generally available third-party web browsers such as Chrome, Firefox or Safari;
2.2.6. You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or any features that: (i) prevent or restrict use or copying of content; or (ii) enforce any limitations on you, the use of the Website or access to the Online Content and Courses;
2.2.7. You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
2.2.8. You agree not to use or access the Website or Online Content and Courses for any commercial uses or for the benefit of any third party, including but not limited to:
2.2.8.1. the sale of access to the Online Content and Courses or any associated content;
2.2.8.2. the solicitation of business in the course of trade or in connection with a commercial enterprise; and
2.2.8.3. the solicitation of any Visitors or Members of the Website with respect to their content for commercial purposes;
2.2.9. You agree to use the Website and access the Online Content and Courses in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content and Courses;
2.2.10. You agree not to ask for, collect or harvest any personal data of any Visitor or Member of the Website or Online Content and Courses;
2.2.11. You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
2.2.12. You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Online Content and Courses) without our prior written explicit consent;
2.2.13. You agree not to use the Website or the Online Content and Courses in any manner intended to damage, disable, overburden or impair any RG Creatives server or the network(s) connected to any RG Creatives server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Website;
2.2.14. You agree not to use any high volume, automated, or electronic means to access the Website or the Online Content and Courses (including without limitation robots, spiders or scripts);
2.2.15. You agree not to frame the Website or the Online Content and Courses, place pop-up windows over its pages, or otherwise affect the display of its pages;
2.2.16. You agree not to access or attempt to access any other Visitor or Member’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to misrepresenting your affiliations with a person or entity, past or present;
2.2.17. You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website; and
2.2.18. You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms and the Policies.
2.3. You agree to comply with these Terms in relation to any Member Content (as defined in paragraph 6.1 below) provided by you in connection with the Online Content and Courses and in connection with the ability to post messages (as further detailed in paragraphs 6.6 to 6.9 below).
2.4. We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.
2.5. You acknowledge and agree that the form and nature of the Website and Online Content and Courses which we provide may change from time to time without prior notice to you.
2.6. Whilst we do all we can to ensure that the Online Content and Courses are of a high standard, you understand and acknowledge that, in using the Website and Online Content and Courses, you may be exposed to content from our Partner Institutions that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.
2.7. You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, Online Content and Courses (or any part of the Online Content and Courses) to you or to Members generally for whatever reason, at our sole discretion, without prior notice to you.
2.8. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
3. Registration and Accounts
3.1. By registering with RG Creatives for a Member Account, you agree (in addition to the Acceptable Use Conditions above) that you:
3.1.1. are, and will continue to be, registered for the Website only once and will not set up multiple Member Accounts;
3.1.2. will not let anyone else use your Member Account;
3.1.3. will not cheat on any assignment relating to the Online Content and Courses, nor share solutions to assignments.
4. Licence to use
4.1 RG Creatives shall retain ownership of all Intellectual Property Rights. Intellectual Property Rights are defined as: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
4.2. RG Creatives grants you access to the Online Content and Courses as an individual only necessary to participate in the Online Content and Courses as permitted by these Terms; and
4.3. to download permitted content from the Online Content and Courses so that you may exercise the rights granted to you by these Terms.
4.4. You must abide by all copyright notices or restrictions contained on the Website or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on the Website or the Online Content and Courses.
5. Your Content
5.1. Throughout your use of the Website and the Online Content and Courses, you may be able to provide content to the Website by uploading notes and replies, Member discussions, profile pages, other content and media for social interaction, and written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “Member Content”).
5.2. We do not claim ownership of any Member Content you may submit or make available for inclusion on the Website or Online Content and Courses.
5.3. With respect to any Member Content you submit to us or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit such Member Content on the Website and/or in the Online Content and Courses, with the right to sublicense such rights for any purpose associated with the provision of the Website and the Online Content and Courses. We reserve the right to remove any Member Content without notice at any time and for any reason.
5.4. To the extent that you provide any Member Content, you represent and warrant that:
5.4.1. you have all necessary rights, licences and/or clearances to provide such Member Content and permit us to use and publish such Member Content as provided in paragraphs 5.1 to 5.3 above;
5.4.2. such Member Content is accurate and complete to the best of your knowledge and belief;
5.4.3. as between you and us, you are responsible for the payment of any third party fees related to the provision, publication and use of such Member Content; and
5.4.4. such use and/or publication of your Member Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation.
5.5. With respect to any submissions of Member Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
5.6. The Website and/or the Online Content and Courses may provide you with the ability to post notes and replies, take part in group discussions, submit assignments or send similar messages and communications to third party service providers, other Members and/or us.
5.7. You agree to use communication methods available on the Website and/or the Online Content and Courses only to send communications and materials related to the subject matter for which we (or any applicable educational partner) provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms, the Policies and our Code of Conduct.
5.8. By using any of the communication methods available on the Website and/or the Online Content and Courses, you agree that:
5.8.1. all communication methods constitute public, and not private, means of communication between you and any other parties;
5.8.2. communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by us in any manner (unless expressly stated otherwise by us); and
5.8.3. most content will be reactively moderated if flagged by Members or Visitors, but we reserve the right to pre-review or post-review Member Content to ensure that it complies with generally acceptable standards of communication.
5.9. Additionally, through such communication methods set out in paragraph 6.8 above, we may make certain types of services available to you, such as chat room services that allow you to communicate with our staff members and/or staff members of our Partner Institutions.
5.10. You acknowledge and agree that the services set out in paragraphs 5.6 to 5.9 above (including without limitation chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these Terms and is provided for educational purposes only.
6. Upgrades, Unlimited and Subscription Access
6.1. When using the Website you may choose to purchase:
6.1.1. an Upgrade on a Course;
6.1.2. enrolment on a Course which requires a one-off upfront fee or a monthly fee to be paid before you can gain access (“Paid Upfront Courses”); or
6.1.3. a paid Subscription for access to a specified group of Courses (“Subscription Access”).
6.2. To obtain an Upgrade, Paid Upfront Courses, or Subscription Access you agree to pay the amount specified on the course description page of the Website.
6.4. We will automatically renew your Subscription Access at the end of your current subscription period, unless you have cancelled your Subscription Access prior to the end of the subscription period.
You may cancel your Subscription Access at any time before the end of your current subscription period and the cancellation shall take effect on the day after the last day of the subscription period.
We will charge you using the payment method you have chosen when you subscribe to Unlimited and when your Subscription Access automatically renews. You will not be entitled to any refunds or credits for any partial subscription periods.
6.5. After you have signed up to Subscription Access, we reserve the right to vary any recurring subscription fees from time to time and will notify you of any change to the subscription fee. Fee changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with a price change you have the right to reject the change by unsubscribing from Subscription Access prior to the change taking effect.
6.6. You agree that in the event we are unable to collect any fees for Subscription Access owed to us, we may take other steps that we deem necessary to recover any fee owed by you to us. We reserve the right to suspend your account or any of our services until we receive payment of all fees due to us.
6.7. We reserve the right to vary any fees for our courses and access to them in advance of any purchase at our sole discretion. Any variation or amendment will be effective immediately upon posting on our Website.
6.8 It is recommended that you subscribe to the course for a minimum of three consecutive months in order to maximise the best possible client experience from the course. By signing up to the course, you accept that in order to achieve the best possible results, you will need to commit to full participation on the course and acknowledge the recommendation of a minimum three months to maximise the best possible results and desired outcomes.
7. Copyright Policy
7.1. It is our policy that any content included on the Website or within the Online Content and Courses that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the Website as soon as possible after we are made aware of such infringement or potential infringement.
8. RG Creatives’ Intellectual Property Rights
8.1. We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Online Content and Courses including but not limited to the technology, source code, all content, software, scripts, video, images, graphics and audio (the “Online Content and Courses IPR”). The Online Content and Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it in accordance with the terms of the licence.
8.2. Other than any content submitted to the Website by you, we own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website.
9.Your Liability to Us
9.1. You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
9.1.1. you submitting Member Content to the Website or participating in the Online Content and Courses;
9.1.2. your access to or use of the Website or Online Content and Courses;
9.1.3. your breach of any of these Terms (including but not limited to any breach of your obligations for Paid for Access); and
9.1.4. any negligent act or omission, deliberate default or breach of statutory duty on your part.
9.2. Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
9.3. This paragraph 9 survives the expiry of these Terms.
10. Our Liability to You
10.1. Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.
10.2. The Website and the Online Content and Courses are provided to you “as is” and we make no warranty or representation to you with respect to them.
10.3. We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation):
10.3.1. any loss of profit (directly or indirectly);
10.3.2. any loss of goodwill; and
10.3.3. any loss of opportunity.
10.4. We provide the Online Content and Courses on the Website in good faith but give no warranty or representation that the Online Content and Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of Online Content and Courses on the Website and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
10.5. Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
10.6. We accept no responsibility for any loss or damage incurred by you as a result of:
10.6.1. any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website or in relation to the Online Content and Courses;
10.6.2. any changes which we may make to the Website or Online Content and Courses, or for any temporary interruptions in the provision of the Website or Online Content and Courses;
10.6.3. the deletion of, corruption of, or failure to store, any Online Content and Courses and other communications data maintained or transmitted by or through your use of the Website;
10.6.4. your failure to provide us with accurate account information; or
10.6.5. your failure to keep your account details secure and confidential.
10.7. We reserve the right to suspend your use of the Website and/or access to the Online Content and Courses at any time for operational, regulatory, legal or other reasons.
10.8. We may terminate your Member Account or access/use of the Website with immediate effect:
10.8.1. if we reasonably believe you or any Member you are connected with are in breach of any of these Terms;
10.8.2. in order to prevent any fraudulent, unlawful or abusive activity; or
10.8.3. if it is necessary to prevent or stop any harm or damage to us, other Members of the Website or the general public.
10.9 We will exercise reasonable care and skill in providing online educational services for you but cannot guarantee that you will achieve the desired results or outcomes.
11.Governing Law
11.1. These Terms, your use and access to the Website, and all other policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws of England and Wales.
11.2. Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of the Website, including as to the validity of these Terms or policy issued by us, will be subject to the exclusive jurisdiction of the courts of England and Wales. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, we both agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any such dispute.