Last updated: 10 March 2020
These Terms and Conditions (the “Terms”) apply to use of the website learn.pirate.com (the “Site”) for our provision of Academy Services. These terms set out how to purchase Academy Services from us, and describe any associated rights and responsibilities.
Please read these Terms before purchasing Academy Services offered by us. By purchasing Academy Services from us, you are confirming that you have read the Terms and agree to be bound by them. These Terms form a legal agreement between you and Pirate Studios Limited (“Pirate Studios”, “we”, “us”, our”). Any instructions, guidance and similar information found on other parts of the Site also apply to how you use the Site and form part of these Terms.
- ABOUT THE SITE, THE TERMS, THE SERVICES
1.1 These Terms contain some capitalised words which have been given specific meanings. Some of these defined terms are listed below:
1.1.1 “Consumer” means you are an individual and you are buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession); 1.1.2 “ Academy Services” means the and production tutoring and lessons offered by Pirate as further set out on the Site;
1.1.3 “Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up [and trade dress, 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;
1.1.4 “Order” means an order made for a Reservation by you via the Site.
1.1.5 “Reservation” means the reservation of Academy Services by you.
1.1.6 “Studio” means a studio where the Academy Services for a Reservation will take place;
1.2 You may only make a Registration:
1.2.1 if you are 16 or over; and
1.2.2 if it is lawful for you to do so.
1.3 To make a Registration, we may require you to provide us with identification or other documentation in order to help us prevent fraud or money laundering taking place. This may include photographic identification and recent proof of address. We may also undertake our own identity, fraud and credit checks.
1.4 We may make alterations to these Terms or to the Site from time to time. If you are not happy with any alteration, you must stop using the Site. If you keep using the Site, this will indicate your acceptance of these Terms as altered. We may notify key changes to you but you should review these Terms from time to time to ensure you are aware of any changes.
1.5 If you are under 18 years old you will need the permission of your parent/guardian to enter into this agreement and/make a Reservation for Academy Services.
2.1 There are a number of ways to participate in Pirate’s Academy. The details of the different Academy Services available will be clearly shown on the Site. We reserve the right to modify, amend, terminate or otherwise offer our offered options and plans at any time at our sole discretion. Please allow a minimum period of 3 days from the date when you make the Reservation to the date of the Reservation.
2.2 Reservations can be made via the Site and email. It is your sole responsibility to ensure you have booked the correct Academy Service and submitted payment correctly.
2.3 We do not guarantee you will get the availability of specific tutors for every single one of your Reservations. In the event that a Reservation is made but the tutor is subsequently unavailable we will either reschedule your Reservation or schedule you with another tutor at our discretion. We will notify you by email of any changes to tutors.
2.4 Please arrive at least five (5) minutes before your Reservation time to allow time to meet your tutor.
3.1 Our acceptance of your Reservation will take place when you have paid and have received confirmation of your Order by email. A tutor will then be in touch via email to confirm the date and time of your Reservation. Please note we may reject a Reservation if we are unable to accept it, which could be due to an error in the price or description of that particular Academy Service, tutor availability or technical problems, in which case we will inform you, and not charge you (and will refund you if your payment has already been made).
3.2 Payments can be made online through the Site by credit or debit card. Payments can only be made by the named cardholder or with permission from the named cardholder.
3.3 On Reservation, you shall pay the full fee as indicated.
- CANCELLING YOUR RESERVATION, REFUNDS, LATE CANCELLATIONS
4.1 You may reschedule or cancel your Reservation via email, without charge, giving us 48 hours minimum notice before the Reservation by providing us notice by emailing us at firstname.lastname@example.org and we will refund you the Fee by the method of payment.
4.2 If you reschedule or cancel less than 48 hours before the Reservation, payments are non-refundable.
4.3 If you arrive late for your Reservation, please note we cannot re-schedule or refund the Reservation.
4.4 In the event we reschedule or cancel your Reservation, we will contact you by email or telephone to inform you. We will offer you alternative Academy Services or a refund of the Reservation fee.
4.5 As a Consumer you can exercise your right to change your mind (Consumer Contracts Regulations 2013) which means for services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below. Please note you do not have a right to change your mind in respect of Academy Services we have agreed to provide, once these have been completed, even if the cancellation period is still running.
4.6 You have 14 days after the day we confirm your Order. However, once we have completed the Academy Services you cannot change your mind. If you cancel after we have started the Academy Services, you must pay us for the Academy Services provided up until the time you tell us that you have changed your mind.
4.7 To end the contract with us, please let us know by doing one of the following:
4.7.1 Phone or email. Call customer services on +44 121 679 5681 or email us at email@example.com. Please provide your name, home address, details of the Order and, where available, your phone number and email address.
4.7.2 By post. Simply write to us at the below address, including details of what you bought, when you ordered or received it and your name and address.
- RESTRICTIONS AND OBLIGATIONS
5.1 You agree to comply with all applicable laws and regulations, these Terms and all rules applicable to the use of the Academy Services.
5.2 You agree not to:
5.2.1 impersonate any other person or entity;
5.2.2 falsely describe or otherwise misrepresent yourself (including your age and personal circumstances);
5.2.3 falsely describe your affiliation with another person or entity;
5.2.4 use or attempt to use another’s account;
5.2.5 solicit personal information (including passwords and banking information) from another person.
5.3 You acknowledge, agree and undertake:
5.3.1 not to damage, lose or steal any equipment or other property made available at or by the Studio, and to compensate the Studio for any such
damage or loss;
5.3.2 to clear all of your own equipment, any rubbish or other materials brought by you into the Studio before leaving Studio premises, to refrain from smoking in Studio premises, and to reimburse the Studio for reasonable cleaning costs which arise from your use of the Studio premises;
5.3.3 to ensure that you and all such persons are aware of all applicable fire evacuation procedures and all fire and other safety rules available on the Site and provided on the premises by the Studio;
5.3.4 to ensure that you and all such persons shall keep secret any entry codes provided to enable you to access the premises of the Studio, and to let us know immediately if such entry codes are disclosed to any other person;
5.3.5 to vacate the premises of the Studio by the end of the time allotted to you as part of a Reservation, failing which the Studio may charge you for any additional time at their standard rates prevailing from time to time;
5.3.6 to immediately report to us any damaged or missing equipment found by you on the premises of the Studio either through the Site, by email or by telephone, failing which you may be charged for such loss or damage;
5.3.7 that you are responsible for any equipment you bring onto Studio premises, that you do so at your own risk, and that neither we nor the Studio shall have any responsibility for damage, theft or loss of your equipment;
5.3.8 not to bring any dangerous or unlawful equipment, substances or materials onto Studio premises;
5.3.9 to report any suspicious behaviour or mistreatment of Studio premises to us and the Studio immediately.
5.3.10 not to act in an unsuitable/unacceptable way to staff or other students of the Academy.
5.4 For the avoidance of doubt, the indemnity (an obligation to compensate us) at clause 9 requires you to compensate us for any loss, damage, liability, expenses and costs (including reasonable legal fees) which we incur as a result of your breaching the terms of this clause 5.
6.1 The Site provides means by which you can communicate with us. We will communicate with you at the email address you have provided or through other means of communication provided by the Site. Notices that are applicable to all our customers shall be made available on the Site publicly. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on the Site. We will be deemed to have received a notice when we issue a confirmation to you.
6.2 All emails (or other messages) we send are intended for the addressee only.
- INTELLECTUAL PROPERTY RIGHTS
7.1 All Intellectual Property Rights in or arising out of or in connection with any content provided by us as a part of the Academy Services shall be owned by us.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.1 We provide and maintain the Site and Academy Services on an “as is” and “as available” basis and we are liable only to provide our Academy Services with reasonable skill and care.
8.2 We give no other warranty in connection with the Site and Academy Services and we disclaim all liability for:
8.2.1 the accuracy, currency or validity of information and material contained within the Site;
8.2.2 any changes in applicable law or regulation, or the acts of any legislator or regulator in any part of the world;
8.2.3 any interruptions to or error of the Site or other communications network;
8.2.4 the infringement by any other person of any copyright or other intellectual property rights of any third party through the use of the Site;
8.2.5 the availability, quality, content or nature of external sites;
8.2.6 any amount or kind of loss or damage due to viruses or other malicious software that may infect computer equipment, software, data or other property caused by any other person accessing, using or downloading the Site; and
8.2.7 all representations, warranties, conditions and other terms and conditions which, but for this notice, would have effect.
8.3 We have not verified or reviewed any additional terms of any Reservation and we are not liable for the additional terms of any Reservation.
8.4 We will not be liable in any amount for failure to perform any obligation under these Terms if that failure is caused by the occurrence of an event beyond our reasonable control.
8.5 Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
8.6 To the maximum extent permitted by law, we exclude liability (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any indirect, special, punitive or consequential loss arising out of or in connection with these Terms and our provision of the Academy Services.
8.7 To the maximum extent permitted by law, our aggregate liability in respect of any claims made in connection with or arising out of or in connection with these Terms and our provision of the Academy Services the (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for direct losses will be limited to the amount paid by you to us for the applicable Reservation upon which the cause of action arose under these Terms.
9.1 You agree not to engage with the Academy Services in any way which:
9.1.1 is unlawful;
9.1.2 may give rise to civil or criminal liability for Pirate Studios; or
9.1.3 may bring Pirate Studios into disrepute.
9.2 You hereby agree to indemnify, defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees, and the Studio (collectively, the “Indemnified Parties”) harmless from and against any and all damage, loss, liability, expenses and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of:
9.2.1 any fraud or fraudulent misrepresentation you commit;
9.2.2 any inaccuracy or defect in any of the information you have provided to us;
9.2.3 any breach of applicable law or regulation you commit;
9.2.4 any breach by you of these Terms; and
9.2.5 third party claims arising from your use of the Academy Services or any use of the Site (whether or not such use was by you) and any of your Reservations.
9.3 You shall cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
- BREACH, SUSPENSION AND TERMINATION
10.1 Without limiting any other rights we have, we may suspend or terminate these Terms if you breach any of these Terms.
10.2 If we have grounds to suspect that you are using the Academy Services fraudulently or improperly, we will suspend your Account until you are able to
demonstrate to our satisfaction:
10.2.1 your identity; and
10.2.2 that no fraud or impropriety has occurred or been attempted.
10.3 We will try to give you reasonable notice of any anticipated termination of the Services.
10.4 We may cancel, amend or suspend a Reservation at any time for any reason.
11.1 We will use the personal information you provide to us:
(a) to supply the Academy Services to you;
(b) to process your payment for the Academy Services;
(c) if you agreed to this during the order process, to give you information about similar Academy Services that we provide, but you may stop receiving this at any time by contacting us;
12.1 Some features and Academy Services may be subject to additional terms. We will draw these terms to your attention before you use those features or services. Those additional terms will be incorporated into these Terms when you indicate your agreement to those additional terms.
12.4 These Terms are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These Terms will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.
12.5 Our failure to enforce any term does not constitute our waiver of that term.
12.6 For the purposes of these Terms, “Force Majeure Event” means any event beyond our reasonable control including without limitation strikes, lockouts. Or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, including governmental visa status, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. We shall not be liable hereunder as a result of any delay or failure to perform its obligations as a result of a Force Majeure Event. If the Force Majeure Event prevents us from providing any of the services hereunder for more than four (4) weeks, we shall, without limiting its other rights or remedies, have the right to terminate this agreement by written notice.
12.7 If any part of these Terms is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
12.8 The Site is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Site complies with the laws of any other country.
12.9 These Terms are subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
12.10 Pirate Studios will be entitled to assign and otherwise transfer the agreement covered by these Terms by giving you reasonable notice, which may include notice given via the Site.
12.11 All questions, comments or enquiries should be directed to us and we will try to respond within 48 hours.
12.12 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint in respect of the Academy Services, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Pirate Studios Limited of Enver House 3rd Floor, 2-4 Tottenham Road, London,
England, N1 4BZ. Registered company number 09669260.
firstname.lastname@example.org | 0333 241 9598