Terms & Conditions

Introduction


1.1 This document sets out the Terms and Conditions by which ArtBase agrees to provide services to You and your Child/ren.

1.2 When you pay for or when your Child receives a service from us, you are signifying your agreement to these Terms and Conditions. The current terms can be found on our Website. It is your responsibility to familiarise yourself with them before you book or purchase any of our services.

1.3 We reserve the right to modify, cancel or append to these Terms and Conditions at any time. The current Terms and Conditions always appear on our Website.


2. Securing a Place on an ArtBase Class

2.1 You can apply for place on a course for your Child by completing and returning an Application Form or emailing a request for a place.

2.2 If your Child has a place you will receive confirmation via email.
2.3 Payment is due at the beginning of the course unless otherwise agreed.


3. Refunds and Cancellations
3.1 We reserve the right to cancel a whole course or session without notice. If we cancel a course or session for reasons other than those listed below, full refunds will be given unless a replacement course or session can be scheduled.
If any Session cannot be run due to the compulsory closure of premises by order of a competent authority (eg School, Local Authority, Environmental Health Etc), due to bad weather (e.g. Snow, Ice, Flood etc), an outbreak of a human infectious or contagious condition (eg Covid 19, Influenza, Meningitis), illness of the Club leader, Industrial Action (teaching strike etc) or for any other reason, you will be liable for any fees due and no refunds will be given.
3.2 You may cancel your child’s untaken sessions at any time for any reason by emailing us.
3.3 If the place in the untaken sessions can be filled from the waiting list a full refund of payments for untaken sessions minus a £10 admin fee will be paid.
3.4 With regards to after-school clubs, if the place in the untaken sessions cannot be filled from the Waiting List and the half-term point has not been passed a 50% refund of payment for untaken sessions minus a £10 administration fee will be paid.
If the place in the untaken sessions cannot be filled from the waiting list and the half-term point has been passed no refund will be given.
3.5 With regards to Holiday Workshops, cancellations made 7 days or more before the date of the workshops are entitled to a full refund. Cancellations less than 5-7 days before the date of the workshop have to pay 50% of the total cost owed, unless the place can be filled. Cancellations less than 48 hours before the date of the workshop have to pay 100% of the total cost owed.
3.6 Sessions missed by Children will not be refunded.


4.0 Exclusion
4.1 We do our best to accommodate all children however we reserve the right to exclude pupils from classes if their behaviour is unacceptably aggressive, disruptive, impolite or dangerous. Our decision on exclusions is final.


5. Content
5.1 We reserve the right to alter, vary, omit or substitute any part or parts of any Session or Course described in any promotional or other materials published by us or on our behalf.
5.2 In the event of any change in any content as described above, we will have no liability to refund any part of any fee paid.

6. Allergies, Health & Injuries
6.1 It is your responsibility to provide complete, accurate and current health information for each child attending the course. Every effort will be made to observe the information provided but this cannot be guaranteed.
6.2 We accept children on the assumption that they are in good health and it is your responsibility to alert us to any medical complaint or history suffered by your child.


7. Losses
7.1 We do not accept responsibility for any loss or expense due to circumstances beyond our control, including, but not limited to, delays in public transport, weather, quarantine, sickness, strikes or other industrial action, terrorism, fire and riot.

8.Clothing
8.1 ArtBase teachers will do their best to ensure that your child’s clothing is protected from the art materials used, however we accept no responsibility for and damage to your child’s clothing or property before, during or after any our sessions.
8.2 Mobile phones and electronic devices are not encouraged, however if a child brings a phone or device into a workshop, ArtBase takes no responsibility for any damage or loss incurred.


9. Contact details
9.1 It is your responsibility to ensure that we have correct current contact details for you and all adults authorised to pick up your child.


10. GDPR compliance and your information
10.1 Your Information

From May 25th 2018, a new data protection law comes into being. The General Data Protection Regulation (GDPR) is aimed at giving people more control over their personal data. In order for us to send emails announcing our workshop schedule, as well as process enquiries and bookings, it is necessary for us to collect and record certain forms of your information, including (but not limited to) email address, telephone number and home address. By ticking the opt-in boxes on our booking forms and opting in to our mailing list, you consent to us doing so. However, you may ask that all of your personal data be removed from our records at any time.

Should you book with us, you may request that all your personal information is removed from our records once the workshop has is finished. We will never share your personal information with any other business or person.

ArtBase Online Class Policy and Guidelines

In order to create a safe environment for pupils and staff when taking part in ArtBase Zoom classes the following considerations must be observed. By accepting the Zoom meeting ID and joining the meeting, with parental responsibility, you agree to the terms set out in this document. 

  1. Our children’s Zoom classes are only to be accessed by a device in a communal family space. 
  2. The children’s Zoom classes should be supervised by an adult to deal with any technical difficulties. 
  3. The meeting ID is to remain confidential and not to be shared with anyone that it was not designated to. Each Zoom class will have a different password which will be emailed to participants before the sessions.
  4. We require that children only use first names or appropriate nicknames on screen. 
  5. Strictly no recording, photography or screenshots of the Zoom class are allowed by participants. Participants seen to be breaking this rule will be immediately banned.
  6. On entering the meeting, participants must validate their identity by face to face contact with the host.  Once validated participants can choose to turn off their video if they do not wish to be visible during the class.
  7. The Zoom class will be recorded by the hosting teacher and accessible for 7 days following the class, after which it will be deleted. If you do not wish your child to be visible on the recording you can disable the video function before the recording starts.
  8. The Zoom class will be locked by the teacher 5 minutes after the start time so that it can only be accessed by authorised participants. Unfortunately, anyone arriving late to the meeting will not be able to gain access even with meeting ID, but will be sent a copy of the recording as soon as it is available.
  9. For participants some Zoom facilities will be disabled by the host teacher. This includes but is not limited to the screen record function, chat and screen share.
  10. Lastly the same behaviour expectations that are set within a classroom apply to the Zoom class and the teacher retains the right to terminate a pupil’s participation. Please be conscious of background environments and others in the room.

ArtBase Membership Subscription Terms and Conditions of Use

1. Agreement

  • (a)  This website and its related services (together the “Services”) are provided by ArtBase Partnership (“we” or “us”).
  • (b)  These terms and conditions (“T&Cs”) apply in relation to your use of the Services.
  • (c)  We take your privacy seriously. So, your use of the Services is also governed by our Privacy Policy. Our Privacy Policy sets out how we may collect, store and disclose your personal information.
  • (d)  By accepting these T&Cs and/or utilising the Services, you agree that:
    • (i)  these T&Cs form a binding agreement between you and us; and
    • (ii)  you consent to the terms of our Privacy Policy.

2. Membership and Access to the Services

  • (a)  You may use the Services as follows:
    • (i)  by registering to become a member (“Member”) to receive one of our membership packages (“Membership”); and/or
    • (ii)  without registering and using those elements of the Services available to non members.
  • (b)  If you register to become a Member:
    • (i)  the scope of your use of the Services will be determined by the terms and conditions of the Membership you select; and
    • (ii)  you must comply with those terms and conditions.
  • (c)  You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Services.
  • (d)  You must not:
    • (i)  use any false information, including, a false identity to become a Member;
    • (ii)  register to become a Member if we have previously cancelled your Membership or banned you from using any of the Services;
    • (iii)  change or attempt to change any other person’s Member information; and/or

(iv) do anything that could jeopardise the security of the Services.

  • (e)  You must:
    • (i)  provide accurate and complete information when registering to become a Member;
    • (ii)  update all of your Member details regularly;
    • (iii)  keep your login and password details confidential; and
    • (iv)  immediately notify us if you become aware of any unauthorised access
      to or use of Membership or the Services in breach of these T&Cs.
  • (f)  You acknowledge that:
    • (i)  you are responsible for all use of your log-in and password details whether authorised or not: and
    • (ii)  we may at any time cancel a username, login details or password with respect to your use of the Services at any time if we consider that such username, login details or password are offensive or infringe on any third party’s rights.

3. Use of the Services

  • (a)  Subject to these T&Cs, we grant you a non-exclusive, revocable, limited licence to use the Services via the media and on the devices for which the Services were developed for the purposes for which the Services are intended. In this respect, the Services are not intended to be used other than for providing art classes.
  • (c)  You must not:
    • (i)  use the Services for any purpose other than the purposes contemplated by clause 3(b) above;
    • (ii)  use the Services to advertise, transmit or solicit any commercial messages;
    • (iii)  engage in any illegal, unethical or immoral conduct using the Services;
    • (iv)  transfer, assign or license your Membership or any benefits associated with it to any person;

(v) engage in any activity through the use of the Services:

  • to mine or collect information or data from the Services, users of the Services or information in transit to and from the
    Services;
  • to bypass any of the Services’ features including any features
    designed to exclude robots, spiders or scraping applications;
  • to manipulate, damage, interfere with or impair the functionality any of the Services (including by way of hacking, uploading of harmful code, using cheats, exploits, automation
    software, bots or similar software);
  • that we consider to be in conflict with the spirit or intent of the
    Services;
  • that is in breach of any applicable law or any third party’s rights;
  • to disrupt, overburden or assist in such disruption or
    overburdening of any computer server or network (including
    those used to provide the Services);
  • that is likely to harass, abuse, harm, threaten any person or
    group of persons or incites or is likely to incite any such activity;
    and/or
  • that is misleading or deceptive or is intended to mislead or

(d) You must:

deceive any person.

  • (i)  use the Services at all times in compliance with these T&Cs and any reasonable directions given by us from time to time; and
  • (ii)  immediately report to us any conduct that you consider could be misuse of the Services (Contact Us).

4. Fees and Payment

  • (a)  If you register to become a Member, you must to pay us the relevant published fee for your Membership on the date(s) the fee is due.
  • (b)  Unless otherwise specified in relation to a Membership or agreed by us:
    • (i)  all fees must be paid using Stripe; and
    • (ii)  payment renewal occurs on an automatic basis. Cancellation of a payment renewal must be processed within your membership account settings on the day prior to the renewal being processed.
    •     (c) We reserve the right, at any time, to change any fees or charges        for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change.
  • No refunds are offered or any other fees collected by the Service.

5. Termination and Suspension

(a) We may with immediate effect terminate, suspend, limit, delete or modify your Membership or your access to the Services if we in our sole discretion consider that:

(i) you have or may have breached or are likely to breach these T&Cs;

  • (ii)  you have or may have engaged or are likely to engage in any activity that is likely to have an adverse impact on any child, us or our related companies, the Service or any user of the Services;
  • (iii)  you have or may have infringed or are likely to infringe any third party’s intellectual property or other rights; and/or
  • (iv)  you have or may have engaged in or are likely to engage in activities which could give rise to our liability.

(b)  Without limiting paragraph (a) above, we may with immediate effect terminate your Membership if you fail to make payment for your Membership by the applicable due date.

(c)  We may at any time without any refund to you cease the provision of one or more elements of the Services.

(d)  You may terminate your Membership at any time by contacting us (Contact). If you terminate your Membership as contemplated by this clause, except as otherwise agreed by us, we have no liability to refund to you any fees paid by you prior to the date of termination.

(e) You may cancel your Membership at any time for any or no reason. To cancel your recurring subscription, please visit your payment settings within your account profile. If you have cancelled your Membership, you will lose access to all Membership videos and Membership Classes you have been able to view during your Membership at the end of your billing period. The videos are view only whilst your membership is available and not downloadable. If you decide to rejoin at a later date all the videos will be made available to you again.

6. Intellectual Property

  • (a)  Subject to clause 7(d) below, all intellectual property rights in and to the Services (including all virtual items, software, files, concepts and content) vest in us or our licensors.
  • (b)  Subject to clause 7(d) below, you acknowledge that you have no right title or interest in or to any aspect of the Services.
  • (c)  Unless the Services specifically permit it, you must not download, reproduce or communicate to any third party any content or materials included in the Services.
  • (d)  You own all intellectual property rights in and to any communications, images, sounds or other material and data (including artworks and comments referred to in clause 4 above) uploaded by you through the Services (together “Your Content”).
  • (e)  By sharing your content with us, you hereby grant us a non-exclusive, irrevocable, perpetual, royalty and fee free, unlimited licence (including the right to sub-license) to adapt, modify, communicate, exploit (in any manner) and use Your Content in connection with the development, marketing, promotion and provision of the Services or any of our other business activities.
  • (f)  To the maximum extent permitted by applicable law, you hereby waive your moral rights (if any) in and to Your Content. To the extent that applicable law does not permit the waiver of moral rights, you hereby consent to us and our licensees and contractors undertaking all necessary alternations to Your Content and/or failing to attribute Your Content to you as is necessary for the operation of the Services.
  • (g) You warrant and represent that:
  • (i)  you have the right to use Your Content in connection with the Services;
  • (ii)  to the extent that it is relevant, you have obtained appropriate consents and releases from the creator of Your Content (including, if the creator is a child, obtaining consents and releases from the parent
    or guardian of the child);
  • (iii)  your use and/or our use of Your Content in as contemplated by these
    T&Cs will not:
    • breach any applicable laws or regulations;
    • infringe any third party’s intellectual property or other rights;
  • (iv)  Your Content is accurate and not misleading or deceptive;
  • (v)  you understand that any personal information relating to you
    contained in Your Content will be dealt with in accordance with our Privacy Policy.

7. Confidentiality and Disclosures

  • (a)  You acknowledge that:
    • (i)  elements of the Services may permit you to share information and ideas with other users of the Services;
    • (ii)  we have no obligation to keep such information and ideas confidential or keep, respond, use or compensate you for them; and
    • (iii)  we and/or other users of the Services may use and exploit the information and ideas you share.
  • (b)  We may access and monitor for the purposes of providing the Services any content, information and/or data contained in Your Content, your communications with other users of the Services and any other materials provided by you via the Services. We may disclose such content, information and/or data:
    • (i)  if we consider it is required to make such disclosure by applicable law (including in respect of legal proceedings);
    • (ii)  if we consider that the Services are being used to commit a crime or infringe a party’s rights;
    • (iii)  for the purposes of taking steps against fraud;
    • (iv)  in the case of an emergency that poses or may pose a threat to property or to any person or child’s heath or wellbeing;
    • (v)  to protect our rights; and/or

9. Updates

  • (a)  The Services may from time to time evolve. As a result, you may be required by us to accept updates to the Services. You acknowledge that:
    • (i)  we may at any time update the Service without notice to you; and
    • (ii)  if you do not accept the update and update applicable third party software, you may not be able to use the Services or enjoy full functionality of the Services.