T&C Online Courses
Studio Arkdefo LLP
Standard Terms for the Purchase of Online Courses only, not physical products
Kindness
If you are looking to buy from us, we ask that you first read these T&Cs.
In all cases we aim to act with kindness, and ask you return this favour.
If you are here it is because you also want to learn this wonderful life skill. That said, we do ask that you consider carefully your purchase. This is a digital product and in a large part based on the good faith of both parties.
We have done our best to ensure the images/video and descriptions match the product. Personal interpretation is something we have no control over. If you have personal learning preferences, we strongly advise you to read these T&Cs in their entirety before committing to a purchase.
If, for any reason, you are unsure, please ask us first. If you are still unsure, we recommend you do not buy.
As always, in all cases, if there is an issue, please reach out to us, preferably via email at info@arkdefo.com and allow us to find an amicable solution to any concerns you may have.
We produce a high volume of digital content and product that can be viewed prior to purchase. Customer satisfaction is important to us.
We would also point you in the direction of our Google & Trustpilot reviews.
Terms
These terms and conditions apply to Services provided by Studio Arkdefo LLP (company number SO307097) of 3F1 Third Floor, 3 Hill Street, Edinburgh EH2 3JP UK (“Arkdefo” or “we” or “us”).
You may contact us on info@arkdefo.com
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course. Please read these terms and conditions carefully before purchasing an Online Course and print off a copy for your records.
If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course then the conflict shall be resolved by applying the following order of priority:
- Course Specific Terms and Conditions;
- These Standard Terms for the Purchase of Online;
- Website Disclaimer.
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
- Definitions
“Confidential Information”
- means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, 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 Materials”
- means the information provided by Arkdefo to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees”
- means the fees paid by you to Arkdefo for the Services.
“Intellectual Property Rights”
- means copyright, rights in or relating to databases, patent rights, 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 the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services”
- means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or Third Party site.
“Website”
- means our course platform courses.arkdefo.com
“you”
- means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
This is a practical skill. Binge-watching lessons, without the necessary practical application, will not bring any results. This is not what we want for any student, so we do ask that you undertake the necessary practical application, in the order set out for the best results.
2.4 Before purchasing the Services, we strongly suggest you sign up to our Free Sewing Course, available on our website. This will indicate our teaching style, video production quality, language of course delivery and will provide an insight into the quality of the Service you are looking to purchase.
2.5 If you are still unsure, contact us via email. If you are still unsure we strongly suggest you do not purchase.
3. Ordering Services
3.1. In order to purchase any of the Services on-line you must register with us via the Website. If you already have an account with us you can log into your account using your user name and password.
3.2. When you place an order for a Service via the Website you are offering to purchase the Services on these terms and conditions. Arkdefo reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.3. Following receipt by us of your order for Services via the Website we will contact you confirming receipt of your order.
3.4. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.5. Where your order consists of multiple Online Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
4. Cancellation and Variation
There is a 30 day “cooling off” period if the purchased product is damaged or faulty. This period applies from the date of purchase.
As this is an online accessed digital product, “damaged or faulty” does not include broadband speed or buffering, as this is an issue for your internet provider.
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.4 above.
As Online Courses are digital knowledge-based products, we have no control over their use/influence post-purchase and, as such, there will be no refund. We refer you to Clause 18 in all instances.
4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use/watch that Online Course then you shall have no right to cancel your order, unless citing “damage or faulty”.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Arkdefo.
4.4 Refer to Clause 18
5. Fees
5.1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes.
5.3. Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you accessing any Online Course.
5.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Arkdefo shall not be responsible for these.
5.5. You shall be responsible for all costs you incur in connection with your access onto any Online Course.
5.6. Notwithstanding Clause 5.3, if you have elected to pay for any Online Course in instalment payments, it is expected that you maintain that payment plan and adhere to our contractual agreement. Failure to do so will result in Online Course access being removed, and your access restricted until said payment plan is brought up to date in full. Refer to Clause 19.
6. Liability
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Although Arkdefo aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. 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. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, Arkdefo's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit Arkdefo’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under Scot’s law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials and Online Courses are, and remain, the intellectual property of Arkdefo or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised 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;
(ii) record on video or audio tape, relay by videophone or other means the Online Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Arkdefo 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.
(vi) use any of the Online Course(s) for your own commercial means/gains that result in a financial loss to Arkdefo.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
Breach by you of Clause 7.2 shall allow us to bring legal action against you for loss and/or breach of this contract.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course.
8. Confidentiality
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9. Termination
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your Fees;
- are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
10. Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
Arkdefo 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, 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 caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
13. Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14. Data Protection
14.1 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.
14.2 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.
14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Arkdefo.
14.4. 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.
14.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
14.6. Arkdefo endeavour to take all reasonable steps to protect your personal Data, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
14.7. If you wish to change or update the data we hold about you, please e-mail info@arkdefo.com
15. Law and Jurisdiction
This Agreement is subject to Scot’s law and the parties submit to the exclusive jurisdiction of the Scottish courts in connection with any dispute hereunder.
16. Notices
You can contact us by any of the following methods:
Email: info@arkdefo.com
Post: Studio Arkdefo LLP, 3F1 Third Floor, 3 Hill Street, Edinburgh EH2 3JP
17. Course Bundles & Time Offers
17.1. Our Online Courses are available in 'Silver', 'Gold' and 'Platinum' packages, as laid out on the course platform. 'Silver' and 'Gold' are time-limited offers and 'Platinum' is life-time access.
17.2. 'Silver' and 'Gold' options are time-limited self-learning packages with no teacher access. However, if there is a technical issue, such as login or platform error, please email us in the first instance, as per Clause 14.7.
18. Free Sewing Course & Teaching Style
Notwithstanding Clause 4, in its entirety, there is no grounds
for a refund based on teaching style or content. Our teaching style is apparent through our Free Sewing Course and we strongly
recommend that it is watched/used/taken prior to purchase of any Online Course.
If you are looking for continuous use of technical sewing terminology and rigid guidance, then our Online Courses are not for you and we would recommend you do not purchase.
Our teaching style is relaxed, friendly and encouraging as is evident in our Free Sewing Course and social media content.
If you are less relaxed, need to follow standard patterns, do not want to design or think creatively, or are unsure in any way, then we strongly recommend you do not purchase.
If you have any questions regarding an Online Course, that are not covered within the Terms of Service, Website, or our Social Media content, then please email us in the first instance as per Clause 14.7.
By agreeing to our Terms of Service, you agree to all conditions therein which will activate at the point of purchase.
19. Failed Payments
Notwithstanding Clause 5.6, the choice of instalment payments has been included to spread payments over three consecutive months, starting at the point of purchase. For example, if you purchase an Online Course on 1st May at 12pm, the first instalment will be taken immediately and the two subsequent instalments will be taken on the 1st June at 12pm and 1st July at 12pm. It is for the customer to ensure that payments will be met on the assigned dates.
If a payment fails, the course platform will attempt again to take that payment over the next two days. The course platform will alert you by email if the first payment has failed. It is for you to ensure there is money available in the correct account before payment is attempted on the second day.
If the second payment fails you will receive an email from the course platform. It is for you to follow this previous step to ensure adequate money is in the correct account.
If you fail to respond to any of the course platform prompts to make the contractual payment, and make no attempt to contact us within seven days of the last prompt, then you will be removed from accessing any Online Course.
Failure to make an automated payment, as noted above, and wishing to reinstate course access, will result in us having to generate an instalment invoice to reactivate your account. This will result in an additional £50 fixed fee charge which will be added to the outstanding instalment payment with payment of both required to reinstate course access.
20. Right To Refuse A Sale & Banned Individuals
We reserve the right to refuse a sale. We also reserve the right to expect mutual respect before, during and after any transaction, or outwith any transaction, within everyday life or online. We have a genuinely kind customer base and we spend time cultivating this mutual kindness. We reserve the right to hold any behaviour, spoken, written or otherwise, to account and to ban said individual(s) from our online store, course platform and/or any social media outlets we run without warning. Any attempt to force through a transaction will be met with an immediate refund. We reserve the right to carry these actions out without notification, warning or other correspondence and cordially invite you to shop elsewhere.