1. General Terms & Conditions of Service: These Terms and Conditions of Services are provided by the Academy of Music & Sound Limited (trading as AMSonline) and any Academy of Music & Sound (AMS) centre who’s headquarters are located at Studio 54, 54 High Street, Exeter, Devon, EX4 3DJ, UK You may contact AMS/AMSonline by writing to us at the above address or emailing email@example.com The following Terms and Conditions of Service apply to the enrolment of any distance learning online course (AMSonline) and/or course delivered at an AMS centre. Please read these terms and conditions carefully before enrolling as accepting a place on any AMSonline distance learning course and/or course delivered at an AMS centre is considered an acceptance of our Terms & Conditions of Service For enrolments via either our website and/or a third party website, by clicking on a button that accepts/enrols you on a course, you automatically agree to this Terms & Conditions of Service agreement which will bind you. If you do not agree to these Terms and Conditions of Service you must cease to continue to enrol on any AMSonline course or AMS centre delivered course. AMS develop, distribute and update courses and course materials, and will provide you with a user account and/or log in details to access these. We will also manage your access to the course(s) and provide support for a ‘fee paid course’ where necessary through an AMS/AMSonline ‘Mentor’ and/or Course Coordinator and specialist tutors. You shall not copy, modify, transmit, distribute or in any way exploit the course and/or course materials or any other intellectual copyright materials provided other than for your own individual training. Any other purpose is expressly prohibited; neither shall you permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the course(s) or any other intellectual copyright materials. 2. Definitions/Terminology: “Confidential Information” means information provided by one party to the other in written, verbal, graphic, recorded, machine readable or other form concerning AMS/AMSonline courses, students, suppliers, partner organisation (e.g. College/University), awarding bodies and finance including, without limitation, course materials, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party. “Course” means a series of lessons delivered either by distance learning ‘online’ or as a “centre delivered course” taught in a classroom or specialist music studio at an AMS centre for which you attend in person. “Course Materials” means the information provided by AMS/AMSonline to a student to accompany a course in hard copy or electronic form. “Fees” means the fees paid by you to AMS/AMSonline for a course as defined on the AMS/AMSonline website and/or prospectus relevant to the academic year. “Intellectual Property” means copyright, course material content, trademarks, branding, and other intellectual property rights (registered or unregistered) throughout the world. “Services” means the provision of an AMSonline Course and/or an AMS centre delivered course and/or the Course Materials together with such other services (e.g. Master-Classes) enrolled on or purchased by you through a website or at an AMS centre “you” means the individual enrolling or purchasing the Course(s). 3. Course Access, Course Materials & User Accounts
The starting date of “access to the course(s)” means the date that you first have online access or attend an induction programme at an AMS centre. We will endeavour to contact you when your access period has ended to discuss your experience, student satisfaction and onward progression to another course(s). It is your responsibility to ensure that you complete the content within the allocated time period and meet assessment deadlines for any courses(s) that are validated and result in a qualification/certification. If for a genuine reason/mitigating circumstance you require an extension of time, it is your responsibility to contact AMS/AMSonline within sufficient time to apply for an extension and within the rules of an awarding/validation body. There may be additional charges for ‘late marking or assessments’ should an extension be granted. We will take reasonable steps to provide you with uninterrupted access to the course(s). However, on rare occasions your access may be restricted beyond our control (e.g. technical interruption, software issues, server failure or maintenance, increased Internet traffic and other related reasons), we will endeavour to restore your full access within the shortest period of time we are able to relevant to the circumstances for an interrupted service. In the unlikely event that your access to the course(s) is restricted, at our sole discretion we may provide you with a free extension of time/study. Our aim is to provide courses and materials of the highest quality. As such, improvements or changes to the course(s) or course materials may occur at any time without prior notification in order to ensure that they are up to date and as accurate as possible. By enrolling on an AMS/AMSonline course you may be allocated a unique ‘user account(s)’ for the purposes of enrolment, accessing and downloading Course Materials, submitting work for assessment, uploading video/audio evidence and liaising with a tutor/course mentor. This may include a ‘user account’ with an AMS/AMSonline partner college and/or University for a validated/certificated course. You are not permitted to give or allow access of a user account to any other person(s), individual(s), organisation, company, body other than yourself and for the sole purpose of completing your course(s).
4. Intellectual Property Usage & Conduct All Intellectual Property rights in the Course Materials, Online Courses and content of AMS centre delivered courses are, and remain, the intellectual property of Academy of Music & Sound (Ltd) including AMSonline or its licensors (e.g. Perform Music Ltd) You are not authorised or permitted to:- (i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission by AMS and/or AMSonline; (ii) record via video, software, handheld devices, audio tape and/or relay by videophone or other means the online course materials or AMS centre delivered course(s) provided to you under these Terms of Service (iii) use the Course Materials for the purpose of providing any other course or training to any other organisation or person (iv) remove any copyright or other notice of AMS, AMSonline or 3rd party (e.g. Perform Music) 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 AMSonline or AMS centre delivered course(s). (vi) Use or reproduce any AMS/AMSonline logo, branding, pictures or text for any purpose without express written permission Any breach of these terms and conditions will result in immediate withdrawal of course materials, access to the course(s) and the automatic termination of our service to you In consideration of any fees paid by you and/or enrolment on a non-chargeable AMSonline ‘trial’ course, AMS & AMSonline grant you a limited, non-transferable, non-exclusive licence to use the Course Materials for the sole purpose of completing the AMSonline Course you have enrolled for and/or attending an AMS centre delivered Course. AMS endeavours to fully respect intellectual copyright and would never purposefully infringe any individual’s intellectual copyright. In the preparation of course materials and delivery of a course (s), AMS may quote, refer, provide links and reproduce written, video and audio. Should you feel any accidental intellectual copyright has been infringed, please inform us immediately and we will investigate as a matter of high priority
At all times, you must be respectful of others in any online/in-centre discussions, posts, performances and classroom lessons. AMS/AMSonline have a zero tolerance policy with regard to racism, harassment, bad language, antisocial behaviour and/or alcohol/drug abuse. Any discussions, posts, performances and lessons must be confined to the relevance of your course(s) and the topic of the discussion, post, performance and/or lesson. If AMS/AMSonline considers your conduct to be detrimental to others and/or abusive in any way, then you may be suspended from your course(s) without notice pending an investigation, withdrawn and referred to a relevant authority.
5. Pricing & Payment
Where a course is offered as a ‘taster’ (and therefore free of charge), no fees will be payable. Where a course requires full payment either on enrolment or through an agreed payment plan, you agree to provide payment for the course(s) in the stipulated currency including any relevant conversion charges and applicable sales tax.
On enrolment of your course(s) AMS and/or AMSonline must receive any required payment in full before providing you with access to the course(s) materials. Your enrolment and payment includes the use of course materials for a limited period of time; we are unable to cancel/refund any fees paid or due for payment if you fail to complete the course content within the allocated time, except at AMS/AMSonline and/or its partner College/University absolute and sole discretion.
Should you decide to cancel or not attend your courses(s) after enrolment/ commencement, any remaining fees due (including those as part of an agreed payment plan) will still be due and must be paid to either AMS, AMSonline and/or partner college/University
We reserve our right to review and change the pricing of any of our courses. This will not affect courses that have already been purchased.
Where you Course(s) are delivered to you immediately on enrolment, you will not have the right to change your mind. In all other circumstances, you may change your mind within seven (7) days of enrolment, provided course materials have not been downloaded, streamed or otherwise accessed. Any cancellation must be notified by email or in writing to the AMS HQ address. Where enrolment is through an AMS partner College/University, the right to cancel/withdraw will be at the sole discretion of that College/University It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, and relevant resources (e.g. music equipment) prior to enrolling. We are unable to provide any refund where your access to the course(s) is inhibited due to insufficient system requirements or resources. We may restrict your access to the course(s) if you breach these terms, including without limitation: i) a failure to make any payment due to AMS/AMSonline. Please note that you are liable for any arrears and/or remaining fees due to be paid; or ii) failure to provide accurate information that is necessary for AMS/AMSonline to provide the course(s) to you.
Any Services provided by AMS/AMSonline under these Terms and Conditions of Service are personal to you and cannot be transferred or assigned to any other person. AMS/AMSonline shall be entitled to assign these Terms and Conditions of Service to any other organisation, company or partner college/University without prior notice to you. AMS/AMSonline may assign, transfer, sub-contract any of our rights or obligations to any third party at its discretion.
8. Termination We shall be entitled to terminate these Terms and Conditions of Service and cease to provide you with any courses and/or course materials with immediate effect in the event that you: i) Fail to pay any fees due for the course(s); ii) Act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of AMS/AMSonline, any teacher or lecturer who provides the AMS centre delivered course(s) or any student who attends any AMS centre delivered course(s); iii) Plagiarise any work which you are required to submit for the course(s) and/or qualification iv) Intentionally or recklessly damage AMS property or that of any employee, teacher or other student(s) attending an AMS centre premises; v) Are intoxicated through alcohol or illegal drugs whilst at an AMS centre premises; vi) Commit any criminal offence on or at an AMS centre premises vii) Are in breach of any of these Terms and Conditions of Service. On termination, intellectual property rights, confidentiality and restrictions shall continue notwithstanding such termination. 9. Liability, Warrants, Rights & Force Majeure
For detailed information on your legal rights, you can visit the Citizen’s Advice www.adviceguide.org.uk or call 03454 04 05 06, or review your local statutory rights in your own country if based outside the United Kingdom If the course(s) are not fit for purpose (e.g. due to being factually inaccurate but notwithstanding a lecturer/teacher personal opinion), then you should write to us in the first instance so we are able to review your complaint. If your complaint is upheld, then you may be entitled to a full/partial refund for a fee paid course only. We provide the course and course materials without any warranties, whether express or implied, except those that cannot be excluded under law. We do not warrant that the materials will be error free or including technical inaccuracies. The course(s) may contain personal opinions of the ‘teacher’ for which AMS/AMSonline cannot be held responsible for accuracy and/or failure of the recipient to achieve goals based on these opinions. AMS/AMSonline do not warrant the accuracy of any information or content of course materials and only provide content and course materials on a ‘good faith’ basis We are not liable to you in any way for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure/malfunction, loss of data, loss of productivity or contract or any other commercial/personal damages or losses. We do not exclude or limit our liability to you in any case where it would be unlawful to do so including: i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors at an AMS delivery centre; ii) for fraud or fraudulent misrepresentation; iii) for breach of your legal rights in relation to the course(s) In the unlikely event the course(s) causes damage to your computer, hand-held device or digital content belonging to you and caused by our failure to use reasonable care and attention, in the first instance you should formally request a repair to the damage or for compensation by email and/or in writing. We will then investigate any claim and let you know the outcome within thirty (30) days. We will not be liable for any damage that you could have avoided by following our guidance, installation/download instructions, or by having the minimum system requirements. Our liability to you for any damage to your computer system, hand-held device or loss of data resulting from the downloading of content is limited to the amount you have paid for the course(s). In no event shall we be liable for damages/compensation in excess of this amount. AMS and/or AMSonline shall not be liable to you for any breach of its obligations or termination under these Terms and Conditions of Service arising from causes beyond its reasonable control, including (but not limited to): fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course due to bereavement or illness of a trainer, or withdrawal of approved funding or qualification by either a partner college, university, funding agency, awarding body or Government