The following Terms and Conditions apply to all students accepted onto a training course run by Makers Academy Limited (company number 08253870) of Unit 2FG, Zetland House, 2-25 Scrutton Street, London EC2A 4HJ – henceforth known as “Makers”. By submitting an application for a Makers course you confirm acceptance of these Terms and Conditions as legally binding on you until successful completion by you of the course (unless terminated or cancelled earlier in accordance with these Terms and Conditions).
COURSE ATTENDANCE AND CONDUCT
Makers courses are intensive and require a serious commitment from all students. Makers wants to ensure that all students on its courses have the best possible opportunity to succeed and therefore reserves the right to suspend from a course any student who in any way disrupts the course environment. We hope that our selection process means we will never have to do this, of course. Other than in the event of serious disruptive behaviour, we will seek to resolve any issues by way of coaching and dialogue before taking more serious steps. If, despite our careful selection process, we find (acting reasonably and having undertaken a thorough investigation) that a student is failing to keep up with the demands of the course they have chosen, and after consulting with the student, we decide that the student is not likely to successfully complete the course, we reserve the right to require the student to leave the course. Provided we are satisfied, acting reasonably and taking all reasonable circumstances into consideration, that the student has made a good faith effort to succeed on the course we may choose to refund a pro-rata amount of the course fees paid by a student who is required to leave (based on the number of full weeks of the course remaining after the student was required to leave, as a percentage of the total number of course weeks). In any other circumstances the terms of the section “Payment of Fees if the course is not completed” below will apply. Students will be required to comply with all rules and regulations of Makers or the premises in which the courses are held. Makers reserves the right to exclude any student for failure to do so.
COURSE CONTENT AND STRUCTURE
Each Makers course will last for 16 weeks (Monday-Friday, excluding bank holidays). In addition, Makers courses and delivery thereof will evolve. The content, structure and methods used in each course is subject to a constant process of review and improvement. This means that the course that you attend may not be identical to previous courses, and, whilst it will be materially the same, may not be identical to that described on the Makers website or any material sent to you by email.
Anyone accepted onto a Makers course is required to pay a non-refundable deposit of 10% of the total course fees to secure their place on the course, which will be deducted from the total course fees owed. Makers operates a “first come first served” policy, so once you have paid your deposit we will reserve a place for you on our next available course.
Following payment of the deposit, the student must pay 100% of the published fee for the relevant course (less the deposit) so that it is received in Makers Academy Ltd’s bank account not later than 10 days after the commencement of the course. If payment in full has not been received by Makers later than 10 days after the commencement of the course, Makers may, in its sole discretion, rescind the student’s place on that course. The course fees, including the deposit, are non-refundable, apart from the cases described in the section “Refund Policy” below.
The course fees quoted are offered on the basis that they are being fully funded by the individual taking the course. Where course fees are being covered by an employer, you must inform Makers and they will provide details of employer-funded routes.
PAYMENT METHOD AND EXTERNAL PAYMENT PLAN OPTIONS
Makers will direct students to the payment services provider used by Makers so that the student can pay the deposit and course fees online. Alternatively, students can pay the deposit and course fees by bank transfer to Makers’s nominated bank account. Third party providers may, from time to time, offer loans to prospective Makers students. These providers are entirely independent of Makers and Makers assumes no responsibility or liability for the loans or services that they offer. In particular, students must undertake their own due diligence on each provider and the terms of any loans or services that they offer.
PAYMENT OF FEES IF THE COURSE IS NOT COMPLETED
If a student fails to complete the course, Makers reserves the right, in its sole discretion, to charge the student the full amount of fees outstanding (being the full course fee less the any deposit or other fees paid) immediately following confirmation that the student will not be completing the course for any reason. In exceptional circumstances Makers may, in its sole discretion, agree to waive payment of part or all of the outstanding fees.
Any deposit or course fee paid by a student in accordance with the payment plan selected by the student set out above is non-refundable unless the course on which the student is enrolled is cancelled (whether prior to the course commencing, or after its commencement) by Makers, in which case any course fee which has been paid by the student will be refunded in full. If a course is temporarily suspended for a period of less than one month no course fees will be refunded. If a course is suspended for a period of longer than one month students enrolled on that course will be given the option of continuing the course when it resumes or receiving a pro-rata refund of course fees for the suspended part of the course (based on the number of full weeks of the course that were suspended, as a percentage of the total number of course weeks).
RIGHT TO STUDY
All students must have the right to study in the UK under applicable UK rules, and hold a current visa if necessary. A guide to these rules can be found at: http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/ As a general rule you will not need a visa if you hold a passport issued by the UK or any other country in the European Economic Area (EEA) or Switzerland. Please note that Makers is not currently an accredited institution for the purposes of the “student visitor” category. Students will be required to produce photographic ID (either Passport or Driving Licence) on enrolment on a course. If you intend to rely on other documents you should provide full details to Makers when applying for a course.
If for any reason Makers cancels a planned course after a student has been accepted on the course Makers will refund to the student any deposit and course fees paid by the student but will have no further liability to the student. Except in respect of death or personal injury caused by Makers’s negligence or Makers’s fraud, Makers shall not be liable (to the extent able to be excluded at law) to any student by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Makers, its servants or agents or otherwise) which arise out of or in connection with the provision of the Makers course and the entire liability of Makers under or in connection with the course shall not exceed the amount of Makers’s charges for the course on which the student is or has applied to be enrolled. Makers shall not be liable to the student or be deemed in breach of contract by reason of any delay or failure to perform any of Makers’s obligations in relation to the course if this was due to any cause beyond Makers’s reasonable control.
INTELLECTUAL PROPERTY & PUBLICITY
For the purposes of these Terms and Conditions: “Intellectual Property Rights” means patents, rights in inventions, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and rights in confidential information including know how and trade secrets (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs; and “Student Content” means any text, files, images, photos, videos or works of authorship that you submit to us during a course, (but shall not include any content, materials or information that you have downloaded, copied or otherwise obtained from us, which you hereby acknowledge is owned by us or our licensors). We do not claim any ownership of any Intellectual Property Rights in your Student Content. After submitting Student Content to us, you retain all rights of ownership which you have subsisting in it and you may use it in any way you choose (provided it does not breach any of these Terms and Conditions or any applicable laws). You warrant that you own the Intellectual Property Rights in and to all Student Content that you submit to us or you are otherwise entitled to submit the same to the Makers website. You hereby grant us a non-exclusive, irrevocable, perpetual, royalty-free, worldwide licence to use your Student Content in order to publicise and promote Makers and courses run by us, including without limitation the right to publicly perform, reproduce, display, modify, manage, distribute and store any of your Student Content as part of our website or as part of any materials used to promote or advertise Makers anywhere in the world. We shall not otherwise distribute or sell any of your Student Content without your permission. We will not be under any obligation whatsoever to pay you for any of the Student Content used in accordance with these Terms and Conditions. Save in respect of the Student Content, all Intellectual Property Rights in and to the all content, materials and information provided to you by us during the course are owned by and shall remain owned by us or our licensors. You may view, download and print any content, materials and information made available to you by us during the course subject to the following conditions:
the content, materials and information may only be used for your personal use; save as expressly permitted by us in these Terms and Conditions;
the content, materials and information shall not be reproduced or included in any other work or publication in any medium;
the content, materials and information may not be modified, decompiled, reverse engineered, disassembled or altered in any way unless they are specifically provided for these purposes or on terms that permit these acts;
save as expressly permitted by us in these Terms and Conditions, the content, material and information may not be distributed or sold to any third party; and
you may not remove any copyright or other proprietary notices contained in the content, material or information.
PHOTOGRAPHY, FILMING, VIDEO RECORDING, ETC.
Makers may film, photograph or record you as part of the creation of marketing, educational or other content (“Promotional Content”) to promote or publicise Makers or for other purposes and may permit other companies to carry out similar projects. You hereby agree that the Intellectual Property Rights in respect of any Promotional Content shall vest in and are hereby assigned to Makers and you grant all necessary consents that may be required under any legislation or regulation in any jurisdiction to permit the Promotional Content or any part of it to be exhibited or otherwise exploited by all means and in all media and formats throughout the universe for the full period of copyright and all renewals, revivals, reversions and extensions thereof and thereafter so far as may be possible in perpetuity. You further confirm that you shall not seek to enforce any rights to equitable remuneration in respect of any rental and lending and cable re-transmission rights in the Promotional Content. Without limiting the foregoing in any way, we shall be entitled to (a) alter, adapt or make additions to or deletions from the Promotional Content (and your appearance therein) at our discretion, (b) make and exploit and to authorise the making and exploitation of any recording or fixation of your appearance separately from or in conjunction with the Promotional Content throughout the Universe in perpetuity by all means and in all media whether now known or hereafter invented including without limitation by way of any interactive, online telephony or new media application; (c) dub your voice in any language; and (d) include your name, likeness, voice, biographical details, photographs of you and recordings of interviews with you separately from or in conjunction with the Promotional Content by all means and in all media and formats throughout the Universe including but not by way of limitation in advertising, publicity and exploitation material. You acknowledge that no repeat fees or any other fees shall be payable to you in respect of any subsequent rebroadcast or retransmission or any other use by us (or any assignees or licensees) of the Promotional Content or any part thereof. You hereby waive any so-called ‘moral rights’ in the Promotional Content and such rights under section 77 and section 80 of the Copyright Designs and Patents Act 1988 as you now has or may hereafter acquire in relation to the Promotional Content. Accordingly, we shall have the unfettered right to modify the Promotional Content or any part of it in any way that we think fit. We shall be entitled to assign the benefit of this section 9 either in whole or in part to any to any of our subsidiary or associated companies or successors in title and/or any third party. You agree that in the event of any breach of these Terms and Conditions by us, you shall not be entitled to enjoin and/or injunct the distribution and/or exploitation of the Promotional Content and any legal remedy you may have shall lie in an action at law for damages (subject to the limitations set out in section 7).
If a student is not satisfied with any aspect of Makers, whether that be the course content, curriculum, facilities or any other issue, they should first raise their concern with the relevant course tutor.
THIRD PARTY JOB OPPORTUNITIES
We may from time to time make you aware of job opportunities offered by third parties (and/or introduce you to those third parties). We are not responsible or liable for any matters relating to those third parties or job opportunities, and you must undertake your own due diligence before accepting an offer of employment from any such third party.
CONFIRMATION OF AGREEMENT
These Terms and Conditions are governed by and are to be construed in accordance with English law, and any dispute arising out of these Terms and Conditions is subject to the exclusive jurisdiction of the courts of England and Wales.