Terms of Use
Online Courses – Terms & Conditions
These terms and conditions apply to Services provided by Academy of Indian Arts, Limited (Company registration Number 13348464) (“AIAL” or “we” or “us” or “our”).
You may contact us on [email protected].
These terms and conditions are in addition to our Website Terms of Use and Privacy Policy, and apply to your participation and enrolment in any Online Course offered by us. Please read these terms and conditions carefully.
1. Definitions
“Confidential Information” means information belonging to us, whether in written, graphic, recorded, machine readable or other form concerning our users, products, services, clients, customers, suppliers, finances and other matters relating to our business or affairs, including, without limitation, the Course Materials; but does not include information in the public domain other than through your default, information required to be disclosed by any court or regulatory authority, or any information already lawfully in your possession or control.
“Course Materials” means any webcasts, webinars, learning sheets, videos, audios, test material, practice tips, and other course materials provided by us, including such materials which are prepared by BAPS.
“BAPS” means Bochasanwasi Shri Akshar-Purushottam Swaminarayan Sanstha, Registered office address: Pramukh Swami Road, Neasden, London NW10 8HW (Company number: 07313272 and Charity number: 1143083).
“Fees” means the fees paid by you to us for as Services we provide to you.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, trade secrets, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means any online course delivered by us pursuant to which you learn remotely.
“Services” means the provision of the Online Courses and the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.
“Website” means https://academy-of-indian-arts.teachable.com
“you” means the individual receiving or purchasing the Services.
2. The Services
2.1. The Online Courses and Course Materials facilitate the learning of new skills. The Online Course is generally not a live session or sessions which are taught on a one-to-one basis. They are purely a pre-formulated learning module to use at your own pace. Whilst you will receive a certificate on completion of an Online Course, this will not be a substitute for any formal learning elsewhere.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website or otherwise without notice.
2.3. We anticipate that you will naturally learn the relevant skill if the Online Course is followed accurately and diligently. However, we naturally cannot be held liable for any specific results not being acquired.
2.4. The Online Courses will be based on a progressive scale and you will only be able to access the next stage once you have successfully completed the previous stage.
2.5 Without prejudice to our rights generally, any Online Course and/or Online Materials will be accessible for a limited period of time only after the end of the Online Course. Thereafter, access to the Online Course, Course Material and the relevant Services will terminate.
3. Purchasing the Online Course
3.1. In order to purchase any of the Services on-line you must register for an account on the ‘Teachable’ Website. If you already have an account with ‘Teachable’, you can log into your account using your username and password.
3.2 Notwithstanding any terms of expressly or otherwise implied any persons intending to use the platform under the age of 18 will be required to obtain consent before accessing the platform. It is deemed that the consenting adult has given permission or is supervising the relevant person at the time of accessing the platform.
4. Cancellation and Variation
4.1. Once you have purchased an Online Course via ‘Teachable’ you may access and download only some parts of the Online Course and/or start to use that Online Course.
4.2. Once we have accepted/confirmed the Services being purchased by you, that constitutes a legally binding agreement between you and us incorporating these terms and conditions.
5. Fees
5.1. The Fees for the Services shall be as outlined on the Website.
5.2. Save where specifically stated otherwise on the Website, all Fees shall be in respect any Online Course delivered and the relevant content therein and Course Materials.
5.3. Fees must be paid in full prior to you attending or accessing any parts of the Online Course.
5.4 If you cease to participate in an Online Course for any reason whatsoever, the relevant Fees shall not be refundable.
6. Liability
6.1. We exclude any and all liability for (i) any inaccuracy or misleading information provided in an Online Course or Course Materials and any reliance by you on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, and/or (iv) any indirect, special or consequential loss you may suffer or incur in connection with the Services.
6.2. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.
6.3. Without prejudice to clauses 6.1 and 6.2, to the fullest extent permitted by law, we exclude and any and all liability to you in connection with your use of the Services.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and Services are, and remain, the intellectual property of BAPS or its licensors. BAPS or its licensors own all rights, title and interest in and to the Intellectual Property Rights. Such rights have been licensed to us on a non-exclusive and revocable basis.
7.2. You are not authorized to: (i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Online Course or Course Materials. (ii) record on video or audio device, or relay by videophone or other means the Online Course. (ii) remove any Intellectual Property Right identification or other notices of BAPS, other licensor, or us on the Course Materials. (v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses. Breach by you of this clause 7.2 shall allow us to immediately terminate our agreement with you and cease to provide you with any Services, including but not limited to, access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, revocable, nontransferable, exclusive license to use the Course Materials in respect of the Online Course for the sole purpose of completing the Online Course.
8. Confidentiality
8.1. You shall keep our Confidential Information strictly confidential and not use it otherwise than for the purposes of your participation in the Online Courses, and shall return it on demand and not retain copies of it.
8.2. Your confidentiality obligations shall continue notwithstanding termination of our agreement or the Services.
9. Termination
9.1. We shall be entitled to terminate our agreement and cease to provide you with any Services with immediate effect in the event that you:
a. fail to pay when due your Fees;
b. are in breach of these terms and conditions.
9.2. On termination, those provisions that should obviously continue to apply shall continue to do so including, without limitation, clause 6 (Liability), 7 (Intellectual Property Rights), 8 (Confidentiality), clause 9 (Termination) and 14 (Force Majeure) and 15 (Data Protection).
10. Assignment
10.1. Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
10.2. We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
11. Entire Agreement
11.1. These terms and conditions, together with the Website Terms of Use and Privacy Policy and Online Course specific terms and conditions, represent the entire agreement between you and us and supersede any prior agreements and arrangements, whether written or oral.
11.2. You confirm that you have not relied on any representations in entering into any agreement with us.
11.3. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
11.4. By enrolling onto the Online Course you are deemed to have accepted these terms and conditions.
12. Force Majeure
AIAL shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control.
13. Data Protection
13.1. The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services, you agree to this Use.
13.2. When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
13.3. To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
13.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our Services, assist with the provision of Services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with our Website and to monitor your progress with the Online Course.
13.5. The Online Course may link to third party websites and we are not responsible for their data policies or procedures or their content.
14. Law and Jurisdiction
These terms and conditions are subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.