Terms and conditions

These terms and conditions (Terms) (together with our Privacy and Cookies Policy and any other documents referred to in these documents) set out the terms on which the Creative Skillset website, and any related mobile applications and any of our other online or mobile products (referred to altogether as the Website) are made available to you (you / your) and the terms on which we sell any products to you.  Please read these documents carefully. Defined words used in the Privacy Policy and Cookies Policy shall have the same meaning when used in these Terms.

By using the Creative Skillset website or placing an order for Digital Content (as defined below) you are entering into a legally binding agreement with us on these Terms.

Please note the following key issues which relate to your use of the Website:

  • If you are a child you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand them.
  • There are limits to our legal obligations and liabilities to you.  See paragraph 11 for more information.
  • Please read these Terms carefully and make sure that you understand them, before ordering any Digital Content (as defined below) from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Digital Content from our site. You must be 18 years old, or have parental permission, to purchase Digital Content.
  • When you place an order with us for Digital Content you are entering into a contract with us to provide that Digital Content. We will provide the Digital Content as soon as you have placed your order. By placing an order, you are requesting that we do so and you are accepting that you are losing your right to cancel the contract. See paragraph 6 for more information.

1              INFORMATION ABOUT US

1.1          The Website is operated by Creative Skillset Sector Skills Council Limited, a company registered in England and Wales under registration number 02576828 (we / us / our).  Our registered address (and main office) is Focus Point, 21 Caledonian Road, London N1 9GB.

1.2          If you have any questions, complaints or comments on the Website, please contact us at info@creativeskillset.org.

1.3          Our VAT number is 158119110.

2              INFORMATION ABOUT THE WEBSITE

2.1          Creative Skillset is the industry skills body for the creative industries in the UK. The Website provides information and assistance to help develop and support skills and training for people and business within the creative industries. We provide various useful publications that can be purchased from the Website.

2.2          Some of those publications are created by us (or on our behalf). Others are created by third parties. The Website is maintained, controlled and operated by us (or on our behalf) from (or via) our facilities in the United Kingdom.  We cannot promise that the Website is appropriate or available for use in any other country.

2.3          When using the Website, you must at all times comply with these Terms. You are responsible for making all arrangements necessary for you to have access to the Website and for all connection and other charges incurred in using the Website.  You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.

3              CHILDREN

The safety and privacy of children is important to us. If you are a parent or guardian of a child who wishes to use the Website, please read these Terms carefully together with our Privacy & Cookies Policy for details on the measures we take in relation to your child’s personal information.

We ask parents and guardians of anyone under the age of 18 to pay special attention to the online activities of their children and to supervise their children’s use of the Website. In particular, parents and guardians should make children under their care aware of the rules on user conduct and acceptable use under these Terms.

4              PLACING ORDERS FOR DIGITAL CONTENT

4.1          We will from time to time offer digital content for sale on the Website. This may include publications and/or reports that are downloadable and can be saved to your own device, once purchased, in PDF, Word and sometimes other formats (Digital Content).

4.2          You will be asked to register and create an account before being able to purchase Digital Content (see paragraph 5).

4.3          Digital Content is available for children, but is sold to adults. If you are under 18, you may purchase Digital Content only with the involvement of a parent or guardian.

4.4          Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

4.5          After you place an order, we will confirm our acceptance by sending you an e-mail that confirms your purchase.

Prices

4.6          The prices for Digital Content will be as quoted on the Website at the time you submit your order. Prices for Digital Content may change from time to time. [The price of Digital Content includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.]

How to pay

4.7          You can only pay for Digital Content using the payment methods stated on the Website. Payment for the Digital Content and any applicable other charges is to be made in advance. You will be charged once you have confirmed and placed your order.

5              CREATING AN ACCOUNT

5.1          In order to purchase Digital Content you must first register with us to create an account (Account).

5.2          Upon registration, you will need to select a password and user name that you can use to access your Account.  You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under your Account.  We do not have the means to check the identities of people using the Website and will not be liable where your password or user name is used by someone else. 

5.3          You agree:

(a)           not to share your Account details with any third party; and

(b)           to notify us immediately by email at info@creativeskillset.org if you are aware of any unauthorised use of your password or user name or any other breach of Account security.

6              CANCELLING ORDERS

6.1          When you place an order for Digital Content and your payment is accepted you are entering into a contract with us. As a consumer you have a legal right to cancel an online contract within 14 days from the day the contract was made (i.e. from the day that you purchased the Digital Content). However, we will begin to provide the Digital Content as soon as you place your order and, by placing an order, you are requesting that we do so and you are acknowledging that you will lose your right to cancel the contract once the download or streaming (or other provision) of the Digital Content has begun.

7              INTELLECTUAL PROPERTY RIGHTS

7.1          In these Terms,

(a)           Content means any and all creative material (including text, software, code, applications, video and/or audio recordings, music, graphics, designs, photographs, artwork, trade marks, data, statistics, information, blogs, communications, ideas, adverts, links, compilations and other material, as well as the selection and arrangement of any of the same);

(b)           Intellectual Property Rights includes, amongst other things, any copyright, trade marks and other proprietary rights in relation to code, software, logos, designs, images, photographs, animations, videos, text and other material or Content;

7.2          The Intellectual Property Rights in all Content and Digital Content made available to you on or through the Website remain the property of Creative Skillset and/or the applicable third parties. Your use of the Website and its contents grants no rights (and in particular no Intellectual Property Rights) to you in relation to the Website or the content displayed on it.

7.3          You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any of the Content, services, web pages or materials on the Website (including the computer code of any elements comprising the Website) other than for your own personal use. Subject to the last sentence and paragraph 7.2, you may download insubstantial excerpts to your device for the purpose of viewing it.

7.4          Any use of items or Content that are the subject of our (or any third party’s) Intellectual Property Rights other than that permitted under paragraph 7.3 may only be undertaken with express, prior, written authorisation.

8              LINKS TO AND FROM OTHER WEBSITES

8.1          The Website may include links to third party websites as well as advertising and other Content hosted by third parties.  These links are provided for your ease of reference and convenience only.  We do not control such third party websites and Content and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained on third party websites or any association with their operators.

8.2          You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into via a link from the Website and we shall not be liable to you in respect of any loss or damage which you may suffer by using third party websites or entering into any such third party transactions or contracts.  You agree that you will not involve us in any dispute between you and any such third party.

8.3          We are not responsible or liable for any products, advertisements, content or services provided by or for third parties via or in connection with the Website (or any technical or other issues that may arise from such provision).  We have no control over third-party products, content or services and make no assurances of any kind about them.

9              YOUR USE OF THE WEBSITE

9.1          In using the Website, you agree and promise that you will not:

(a)           use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;

(b)           access the Website for any purpose other than for your genuine use of the Website in accordance with these Terms, as a person (or organisation) that works, employs, educates or is otherwise involved, in the creative industries in the UK;

(c)           use the Website in any way that may cause you or us to breach any applicable laws;

(d)           email, transmit or otherwise disseminate any material which is defamatory, obscene, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise discriminates against, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or which breaches the rights of others (including copyright and other Intellectual Property Rights);

(e)           distribute unsolicited communications including 'spam' email;

(f)             transfer files that contain viruses or other harmful programs or use the Website in any way that may damage or disrupt another's computer; or

(g)           penetrate or attempt to penetrate the Website's security measures.

9.2          We reserve the right to take such action as we may believe is reasonably required, at any time without notice at our discretion, if we have reasonable grounds to believe you have breached any of the restrictions above or any other provision of these Terms.

10            YOUR PROMISES TO US

10.1        You confirm that:

(a)           all information and details provided by you to us (including on registration of an Account) are true, accurate and up to date in all respects and at all times (you can update or correct your personal details at any time by accessing your Account on the Website and following the procedure stated there); and

(b)           you will comply with the restrictions on your use of the Website as set out in paragraph 9 and as set out elsewhere in these Terms.

10.2        You accept responsibility, and will compensate us, for any loss or damage (including any claim by a third party and any legal fees in relation to such claim) that is caused by any failure by you to comply with these Terms (in particular any failure by you to fulfil your promises as set out in paragraphs 9.1 and 10.1) or that otherwise arises in relation to your use of the Website or your violation of any law or of the rights (including Intellectual Property Rights) of any third party.

11            OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY

11.1        Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence of our employees or agents.  Also, nothing in these terms affects your rights as a consumer under law. If you would like information on such rights, you should contact your local trading standards service or citizen’s advice bureau.  This paragraph takes priority over paragraphs 11.2 to 11.10 below.

11.2        We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.

11.3        Whilst we will try to correct any errors or omissions as soon as we can once they have been brought to our attention, we do not promise that the information on the Website itself will be free from errors or omissions.

11.4        We do not promise that the Website will be available uninterrupted and in a fully operating condition.

11.5        Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control.

11.6        We do not make any promises in respect of the Website or its content, including, without limitation, any advice given and statements made by us, other users or advertisers (if any). 

11.7        Any decisions or action taken by you on the basis of information provided on or via the Website are at your sole discretion and risk.

11.8        If we breach these Terms we will only be liable for losses which are a reasonably foreseeable result of our breach. This means losses which could be contemplated by you and us at the time of entering into an agreement on these Terms.

11.9        You agree and acknowledge that we shall not be responsible or liable for:

(a)           indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the agreement on these Terms, including loss of profits and loss of opportunity; or

(b)           failure to provide the Website or to meet any of our obligations under these Terms where such failure is due to any cause or event beyond our reasonable control.

11.10      Our liability to you arising out of or in connection with any agreement between you and us on these Terms shall be limited to £250 or, if greater, the value of the applicable order made by you.

12            SECURITY AND PRIVACY

12.1        You must read our Privacy & Cookies Policy. This contains important information about our use of your personal information and other information regarding your privacy and our security processes and policies.

12.2        We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone breaching paragraph 9.1 or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the Website and you agree that, in such circumstances, we are entitled to disclose such information.

12.3        We are registered as a data controller for the purposes of the Data Protection Act 1998. Our registration number on the register of data controllers maintained by the Information Commissioner is Z8941934.

13            OTHER MATTERS

13.1        In these Terms, any phrase that includes the words “other”, “including”, “for example”, “such as” or “in particular” (or any similar expressions) shall be deemed to include the phrase “without limitation”.

13.2        We are constantly looking for new ways to improve the Website.  We therefore reserve the right to amend these Terms at any time. We will always display an up to date copy of these Terms on the Website and we may contact you to let you know about any changes we have made. All such changes will take effect once they have been posted on the Website. Each time you use the Website, you are signifying that you agree to the then-current version of these Terms.

13.3        If we change these Terms and that change is to your detriment, you may terminate you may request that your Account is terminated (or any related agreement with us to provide services or Digital Content to you, where we have not yet provided the same) by accessing your Account on the Website and following the procedure stated there.

13.4        Where we reserve a right in these Terms, it does not mean we will be obliged to exercise it.

13.5        If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.

14            GOVERNING LAW AND JURISDICTION

In the event of any dispute between you and us concerning these Terms, the relevant United Kingdom law will apply.  If you wish to take court proceedings against us you must do so within the relevant United Kingdom courts.

These Terms were last updated on 13 August 2015.

Copyright © 2015 Creative Skillset Sector Skills Council Limited. All rights reserved.

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