Terms and Conditions
Students (“you”, “your”) of The Writers’ Academy provided by The Random House Group Limited and Penguin Books Limited in collaboration with The Interactive Design Institute Limited through its proprietary methodology and learning management system (together, “we”, “us”, “our”) are required to accept the Terms and Conditions set out below as a condition of enrolment. Whilst these Terms and Conditions are between you and us, for all queries, notices and other matters related to management of courses, you are instructed to use the contact information set out in these Terms and Conditions.
1. Formation of Contract1.1 All orders for The Writers’ Academy courses are accepted only when you receive written confirmation from us that you have been enrolled onto your ordered course(s). This will form a contract, which incorporates these Terms and Conditions, between you and us (“Agreement”).
The Writers’ Academy courses are owned by The Random House Group Limited and Penguin Books Limited and made available and provided by The Interactive Design Institute Ltd through its proprietary methodology and Learning Management System (LMS).
The Writers’ Academy courses are owned by The Random House Group Limited and made available and provided by The Interactive Design Institute Ltd through its proprietary methodology and Learning Management System (LMS).
2. How to Order2.1 We will endeavour to provide you with information about the general content of courses, the learning hours involved, and recommendations regarding any previous experience required, as you may request.
2.2 To submit an order for a course, please use the order form located at http://www.thewritersacademy.co.uk/ or order by telephone by contacting a member of the finance team on +44(0) 203 026 0810. By ordering a course you are confirming that you have received enough information and are satisfied that the course is suitable for you.
2.3 If your order is accepted and payment of your course fee and any other required payments have been cleared, we will confirm your enrolment by email.
2.4 We will provide you with access to The Writers’ Academy Online. If appropriate you will be given access prior to the course start date to complete an induction programme.
2.5 We do not knowingly accept applications from those less than 18 years of age. By placing an order, you declare that you are aged 18 years or over.
3. Payment3.1 You agree to pay the course fee as detailed at the time of your order submission on our website. Payment must be made before enrolment. The course fee covers all parts of the course, including tuition and online provision of required materials (save suggested further reading), except for any fee under 3.2.
3.2 Some courses may include the option to have a sample of your work reviewed, and individual feedback provided within four weeks, at the end of the course for a further fee. Where this is the case, we will inform you of this option, any limits applicable (including, but not limited to, maximum word count) and the applicable fee.
3.3 All fees are quoted in UK pounds sterling.
4. Payment by instalment4.1 If payment is made in instalments, an additional administration charge will be added.
Please note: if you pay in instalments, you are liable for payment of the balance of the fee in full, irrespective of your progress on the course. If you cancel your registration after the one-week cooling-off period and do not qualify for a refund (see section 5), you still remain liable for payment of the full balance of the course fee.
4.2 We reserve the right to reclaim the balance on any course fees not paid by the agreed date.
4.3 We reserve the right to restrict access to course materials and tuition, and ultimately to cancel enrolment, in the event of failure to make instalment payments by the due dates.
4.4 No payment plan can extend beyond the end date of the course on which you are enrolled.
5. Discounts and Gift Certificates5.1 From time to time we may offer discounts on course fees (e.g. for early payment). Such discounts apply only at the time they are advertised, and may not be subsequently available to new or continuing customers.
5.2 Gift certificates redeemable against the cost of a course can be purchased by telephone only. Gift certificates are not transferable. No cash alternative is available. Refunds are available for 7 days after the date of purchase; after this no refunds can be offered. Certificates must be redeemed by telephone within 12 months of purchase.
6. Cancellation, Withdrawal and Refunds6.1 If you wish to cancel your course, you must inform Customer Support as soon as possible by letter, e-mail [email protected] or telephone +44(0) 203 026 0810. Your cancellation will take effect on the date Customer Support receives your letter, e-mail or telephone call. If you cancel your registration by telephone, Customer Support will give you a reference number which you should keep for future reference.
Please note: While cancellation can be by letter, e-mail or telephone, you are strongly advised to cancel by letter and obtain proof of posting. We cannot be held responsible for non-receipt of electronic communication (for example through assignment of e-mails to a junk mail folder).
6.2 We reserve the right to withdraw you from a course without issuing a refund if you act in a manner that disrupts, hinders or offends other individuals enrolled on the course.
6.3 We reserve the right to cancel a course at any time prior to its start date, for reasons including – but not limited to – insufficient enrolment numbers.
6.4 We will issue a full refund of any course fees paid if we cancel the course prior to its start date, or you cancel your course within seven days of its start date. Save in accordance with 6.7, refunds will not be issued after seven days from the course start date.
6.5. We will accept requests to postpone registration to an alternative course start date within seven days of the course start date for which you initially registered. Save in accordance with 6.7, postponements to an alternative course start date will be subject to a standard re-enrolment fee.
6.6 Refunds do not include the amount contributed by a gift certificate, if applicable (see section 5).
6.7 If it is necessary to cancel or postpone your registration after seven days from the course start date as a result of (a) the serious illness or death of yourself, partner, dependant or close relative; or (b) material breach of this agreement by The Writers’ Academy in a manner which significantly affects your progress on the course, we may at our sole discretion refund all or part of the course fee. You may be required to provide supporting evidence of relevant circumstances.
6.8 If you wish to request a refund or postpone your registration after seven days from the start of the course, you (or your representative in the case of your incapacity or death) must do so by letter, outlining the reason(s) for the request and including copies of any supporting evidence.
You should write to:
The Writers’ Academy
Please note that we reserve the right to deal with requests for refunds or postponements of registration received after seven days strictly on a case-by-case basis.
7. Studying Your Course7.1 We will provide you with access to course materials as described in the course description via our Learning Management System (LMS).
7.2 The period of time for completion of any course will be made clear at enrolment. Students will continue to have access to course materials, tuition and guidance while they remain enrolled.
7.3 You must adhere to the course timetable and complete the course within the specified period.
7.4 All work submitted will be securely stored. You agree that we may use your work, attributed by name to you, on our website and/or in other promotional material and otherwise for the purposes of providing courses.
7.5 You must conduct all aspects of your studies in a polite and courteous manner, and likewise accept the directed tuition of staff. You must not submit material, images or written content which might reasonably be deemed to be impolite, offensive or abusive, or which is/are unlawful.
7.6 You guarantee that any material submitted is your own work, unless otherwise stated, and does not infringe the copyright of any third party.
7.7 All written work and images submitted for course tutor comment, assessment and portfolio submission will be securely stored. By accepting these Terms and Conditions you agree that The Writers’ Academy may reproduce extracts from your work, attributed by name to you, on its public website or for use in other promotional material.
8. Tutors8.1 Where, as part of a course, a course tutor provides feedback, answers questions or otherwise interacts with students, the format and content of any such feedback, answer or interaction will be determined by the course tutor at its discretion. Particular limits may be placed on certain types of course tutor feedback (as may be set out in the course descriptions) to ensure parity of treatment between students enrolled on a course.
9. The Website and Learning Management System (LMS)9.1 We deliver tuition within a secure Learning Management System (LMS). Access to the LMS can only be obtained with a unique password and log in issued on enrolment onto a course.
9.2 You agree to use the LMS only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of, the LMS and/or any course. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the LMS. You may not impersonate another person.
9.3 To facilitate your learning, the content you contribute will be visible online to relevant staff and other authorised persons involved in your course.
9.4 Your name will be visible to other students on your course, and other students will be able to contact you within the LMS (but not via your personal e-mail, unless you choose to disclose that to them). Content you post in your personal discussion board will not be visible to other students.
9.5 Any information you choose to post in online forums will be visible to other students, relevant staff and other authorised persons involved in your course.
9.6 You are advised not to contribute information of a sensitive or personal nature, unless you expressly consent to its disclosure as noted above.
9.7 By providing personal information, you expressly consent to the personal information noted above being processed as explained. Please note: our courses are designed to be interactive and it is a requirement that students participate in online activities (such as group discussions in online forums).
9.8 We reserve the right to amend the content of the website and LMS on a regular basis in order to ensure that it is current and as relevant as possible.
10. System Requirements10.1 Please note that it is your responsibility to check that your computer is compatible with any minimum specification given that relates to the course you order. We cannot be held responsible for any technical problems you encounter following the order of a course.
11. Technical Support11.1 If you report a technical fault to us, we will use reasonable endeavours to provide a solution but do not guarantee that any technical support provided will resolve your technical problems.
11.2 You accept and acknowledge that periods of downtime may be required in respect of our website and/or LMS and that technical support may not be available during such periods of downtime. You accept that you will not have a claim for breach of contract or otherwise in respect of such unavailability.
11.3 We will use reasonable endeavours to make the course(s) on which you are enrolled and relevant material available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected.
11.4 We will not be responsible for any loss, damage or delay as a result of downtime or any of the following:
operation of the internet and the World Wide Web (including but not limited to viruses); firewall restrictions on your network or your computer; failures of telecommunications links and equipment; or issues relating to browser updates. It is strongly recommended that you protect your computer system with appropriate anti-virus software.
12. Special Offers12.1 Any discounts on course fees offered apply only at the time they are advertised, and may not be subsequently available to new or continuing students.
12.2 From time to time we may offer gifts, gift vouchers or discounts to enrolled students. Such offers may be strictly time bound and may be restricted to those enrolling within a specific time period and/or to specific courses or groups of courses. Please see the courses pages for details of specific offers.
12.3 Gift offers, vouchers and discounts only apply to students who enrol through The Writers’ Academy. Gift offers, vouchers and discounts are not transferable. No cash alternatives are available.
13. Termination13.1 We may terminate this Agreement without refund at any time if:
We find that you have given us information which is untrue or misleading; You fail to meet any administrative requirements as required by your course tutors or administrators; You fail to pay your course fee; or You breach this Agreement.
14. Liability14.1 We will not be liable for any failure to perform any or all of our obligations where that failure is due to the actions of someone else or to any cause beyond our reasonable control. This includes the failure of the LMS.
14.2 We cannot be held responsible for any injuries sustained or accidents which may occur to any individual during any of the suggested activities on the courses offered.
14.3 Students are responsible for the security of passwords and log in details and all actions carried out using such details and must not disclose such details to any third party. We cannot be held responsible for any loss or damage sustained as a result of unauthorised access to secure content.
14.4 We cannot be held responsible for and do not endorse the content of any websites accessed through links from their website or LMS.
14.5 We do not make any commitment to you that you will obtain any particular result from participation in a course or guarantee that course materials will be error free.
14.6 We reserve the right to alter personnel involved in provision of the course (including but not limited to course tutors and authors involved with the course) for any reason (including but not limited to lack of availability, illness or otherwise).
14.7 We do not make any commitment that our website, the LMS and/or course materials will be compatible with or operate with your software or hardware.
14.8 All representations, warranties and/or terms and/or commitments not expressly set out in this Agreement are hereby excluded to the maximum extent permissible at law.
14.9 Under no circumstances, including negligence, shall we be held liable for any indirect, incidental, special or consequential damage, costs, expenses or other claims for economic loss which arise out of or in connection with this Agreement or your use of the website, course materials and/or LMS generally.
14.10 Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence or which cannot be lawfully excluded or limited.
15. Intellectual Property15.1 It is your responsibility to ensure that any work or material submitted to us does not infringe the copyright of any third party and you agree to indemnify us with regard to any action against us and any loss and/or damage we suffer from your infringement of our and/or third party intellectual property. It is also your responsibility to ensure that any material or information submitted to us is, to the best of your belief, true and accurate.
15.2 We (The Random House Group Limited, Penguin Books Limited or The Interactive Design Institute Limited where relevant) will at all times remain the owner of the intellectual property in all parts of our website, both public and secure areas, all content within the LMS, (including, but not limited to, course materials, forum postings, course tutor feedback, comments, assessments and images) and our names, trademarks and logos.
15.3 We grant to you a non-exclusive, non-transferable licence to access course materials and use the functionality provided by the LMS for the sole purpose of studying for the course(s) for which you are enrolled. You may print single copies of course materials for your personal use in connection with a course only.
15.4 You may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post or mirror on the World Wide Web or any other part of the Internet, transmit, make available, disseminate or distribute in any way any of our intellectual property unless we specifically authorise in writing, and then only to the extent of such authorisation. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the LMS or create derivative works based on the whole of or any part, or which incorporate, the LMS into any software program.
15.5 You must keep confidential and not copy, publish or disclose to any other person in any form any writing, titles, plot or storylines, characters or other ideas, concepts or information expressed or communicated in any form by the tutor, Penguin Random House Editor, any other students or others in anticipation of, during or following and related to the course (Creative Information) unless and only to the extent that the person expressing or communicating such Creative Information can be shown to have expressly consented to its use by others.
16. Disclaimer16.1 Courses are for informational purposes only. We will not accept any responsibility to any party for the use of course materials for any purpose other than your own information, including but not limited to the giving of advice by you to any third party.
17.2 We may contact you from time to time in relation to other courses we offer, associated products and services and/or related news.
18. Equality of Opportunity18.1 No student will receive less favourable treatment due to race, ethnic origin, gender, sexual orientation, marital status, disability, age, responsibility for dependents or because of political or religious belief.
19. General19.1 Our failure to enforce a right does not result in a waiver of such a right.
19.2 If any of the provisions of this Agreement are held to be invalid or unenforceable by any court having authority to determine such issues, the remaining terms of this Agreement will not be affected.
19.3 You may not assign or transfer your rights under this Agreement. Nothing in this Agreement will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
19.4 These Terms and Conditions shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
19.5 We make no warranty or guarantee that the website, LMS, course materials or other information provided complies with laws other than English law.
19.6 This Agreement is the entire agreement between us and you. If any of our employees or agents have agreed anything verbally or in writing at any time, this Agreement will always take priority.
19.7 Notwithstanding 17.6, there may be further rules which apply to your participation in a course, as we may provide from time to time.
20. Complaints Procedure20.1 You can find our Complaints Procedure in detail here.
21. Contacting The Writers’ Academy21.1 You can contact us by writing to the following address:
The Writers’ Academy
In conjunction with:
Delivering a unique online learning experience.
© The Random House Group Limited 2016 incorporated in England and Wales.
Company number: 00954009
VAT number: 102838980
20 Vauxhall Bridge, London SW1V 2SA
Penguin Books Limited incorporated in England and Wales.
Company number: 00861590
VAT number: 102838980
80 Strand, London WC2R 0RL
The Interactive Design Institute
Ltd Place of registration: Scotland
Company number: SC265879
VAT number: 847211435
Stuart House, Eskmills, Musselburgh EH21 7PB, Scotland