RTS Mini MBA in Television and Streaming Media End-User Licence

1. The Parties

(1) RTS Academy Limited (the “Licensor”, “we” or “us”), of 3 Dorset Rise London EC4Y 8EN, registered in England and Wales with company number 14979393; and
(2) the User of the Course who has confirmed their acceptance of the terms set out in this Licence in accordance with clause 2 (the “Licensee", "you" or “your”).

2. Purpose

2.1. The Licensee confirms agreement to the terms and conditions set out in this Licence, together with those of the Data Protection and Privacy Policy and Code of Conduct either by:
2.1.1. Ticking the ‘I agree with terms & conditions’ box to proceed with the Registration process whereupon access to the Course will be granted on the Registration Date; or
2.1.2. completing Registration on the Learning Management System.

2.2. If you do not agree with the terms of this Licence you must not Use the Course.

3. Definitions

3.1. In this Licence, the following words and expressions shall have the following meanings unless the context requires otherwise:

“Account” means collectively the personal information, payment information and credentials used by the Licensee to access the Course and/or any communications on the Learning Management System.

“Code of Conduct” means the Licensor’s code of conduct available here.

“Course” means any electronic, digital or hard copy information, data, graphic image, video, video stream, voice file or any other material and/or software provided by the Licensor pertaining to the RTS Mini MBA in Television and Streaming Media and licensed by the Licensor under this Licence, including any updates, new versions or replacements subsequently provided, including any accompanying documentation.

“Data Protection and Privacy Policy” means the Licensor’s data protection and privacy policy, available here.

“Intellectual Property Rights” means all rights associated with intellectual property, including patents, copyrights, trademarks, trade secrets, and any other proprietary rights recognised under applicable law together with all applications, registrations, and renewals related to such rights, moral rights, rights to compensation, and rights to attribution associated with the creation, use, or distribution of intellectual property.

“Learning Management System” means the online digital platform within which the Course is accessed via the internet.

“Licence” means this End User Licence.

“Registration” means registering for the Course on the Licensor’s website or the Learning Management System by the Licensee for the Use of the Course by creating login information comprising an email address, password and completing multi-factor authorisation set up (and “Registered” shall mean a person who has completed Registration).

“Registration Date” means the date that the Registration process is completed.

“Use” means to access, follow or process the Course (and “User” shall mean a person performing such Use).

3.2. In this Licence, unless the context requires otherwise:
3.2.1. any reference to the parties or a clause is the parties or the relevant clause of this Licence;
3.2.2. use of the singular includes the plural and vice versa;
3.2.3. any reference to “persons” includes individuals, firms, partnerships, companies, corporations, associations, governments, states, foundations and trusts, in each case whether or not having separate legal personality;
3.2.4. general words shall not be given a restrictive meaning because they are preceded or followed by words indicating a particular class or example of acts, matters or things.

4. Grant and Scope

4.1. The Licensor hereby grants to the Licensee a non-exclusive, non-transferable licence to Use the Course on the terms set out in this Licence.

4.2. Persons under the age of 18 should Use the Course only with the supervision of a person aged 18 or above.

5. Intellectual Property Rights

5.1. All Intellectual Property Rights that we have and make available in the Course (for example, images, designs, videos or sounds) shall remain the property of the Licensor. The Licensee shall acquire no Intellectual Property Rights in the Course.

5.2. The Licensee undertakes that all material (including without limitation the Course) and/or any Intellectual Property Rights belonging to or under the control of the Licensor to which the Licensee gains access or receives directly or indirectly as a result of the operation of this Licence, shall not be used or accessed by the Licensee or any other person acting on its behalf for any purpose other than as set out in this Licence.

5.3. The Licensee shall give prompt notice to the Licensor if the Licensee becomes aware of any unauthorised use or exploitation of the whole or any part of the Course by the Licensee or by any third party.

5.4. You may be able to post your own content on our site or on the Learning Management System. We do not make any claim to ownership of that content, but you do give us an irrevocable, perpetual, royalty-free and worldwide licence to use, display, exploit and sublicense it for any purposes associated with the provision or marketing of the Course.

5.5. You are responsible for making sure that any content you post on our site or on the Learning Management System:
5.5.1. does not infringe upon the trademark, trade name, copyright, patent, literary, dramatic, music, artistic, personal, civil or property right, right of privacy or publicity, moral right of authors or any other right of any person;
5.5.2. does not constitute a libel, slander or defamation of any person;
5.5.3. is not unlawful, misleading, discriminatory or fraudulent; and
5.5.4. complies with the Code of Conduct.  

5.6. If you post any content on our site or on the Learning Management System in breach of clause 5.5:
5.6.1. we may remove, block or restrict any such content;
5.6.2. we may suspend or disable your Account;
5.6.3. you shall indemnify us for any loss or damage that we suffer as a result of such violation; and
5.6.4. we shall be entitled, by written notice to you, to terminate this Licence without further liability to you.

6. Restrictions

6.1. The Licensee undertakes:
6.1.1. not to copy the Course in any manner or form at any time or by any means;
6.1.2. to only Use the Course for their own personal Use and not to show, present, broadcast or stream the Course in a public capacity to any other individuals, audience or viewers;
6.1.3. not to share the Licensee’s Account details with any other person, nor to sell, resupply, hire out, rent, lease, sub-license, loan, translate, transfer merge, adapt, vary or modify the Course in any form;
6.1.4. not to permit the Course or any part of it to be combined with, or become incorporated in, any other materials;
6.1.5. not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Course;
6.1.6. not to upload viruses or malicious code or do anything that could disable, overburden or interfere with the working, operation or integrity of the Course;
6.1.7. to keep any hard copy materials related to the Course secure and not to distribute them by any means to any person, organisation or entity;  6.1.8. not to load the Course onto a network server for the purposes of distribution to one or more computer(s); and
6.1.9. not to provide, or otherwise make available, the Course in any form, in whole or in part, to any person.

6.2. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

6.3. In the event of any breach of the terms set out in this clause 6 which is not remedied within 10 days of the Licensor serving notice on the Licensee specifying the nature of the breach:
6.3.1. we reserve the right to initiate legal proceedings or any other actions necessary to recover damages directly resulting from such breach. These damages may include, but are not limited to, financial losses, reputational harm, legal fees, and other consequential or incidental damages;
6.3.2. you agree to indemnify us and hold us harmless from and against all losses, liabilities, damages, costs, and expenses (including legal fees and court costs) arising out of or in connection with such breach; and
6.3.3. we reserve the right to seek injunctive relief or any other equitable remedies, in addition to monetary damages, without the necessity of posting a bond or proving actual damages.  

7. Payment Terms

7.1. Payments:
7.1.1. Full payment, by you or by any other person or organisation on your behalf (the “Payer”), is required at the time of purchase for the Course. No access or usage will be granted until the full payment has been successfully processed.
7.1.2. Payment methods accepted include credit cards, debit cards, and other online payment platforms as specified on our website.
7.1.3. By providing the Payer’s payment information, you confirm that you are authorised to use the method of payment and that the information provided is complete and accurate.
7.1.4. As the Licensor, we aim to make the Course available for Use within a reasonable period (being 1-3 working days) following your payment, unless there are exceptional circumstances. If we cannot make the Course available for Use within a reasonable period, we will inform you, and if the Course is not made available to you within 20 working days following payment, we shall issue a full refund.

7.2. Refund Policy:
7.2.1. All sales are final. Subject to clause[s] 7.1.4 and 9.3, no refunds will be issued once payment has been completed, whether the Course is Used or not.
7.2.2. The Course is a digital software product and as such is exempt from the 14-day cooling-off period for online credit card payments as governed by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The Licensee acknowledges that they are waiving their right to a 14-day cooling-off period for online credit card payments as governed by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 if the Licensee starts to use the Course within 14 days of purchasing for the course.
7.2.3. We recommend carefully reviewing the Course details and ensuring it meets your requirements before purchasing as, subject to clause[s] 7.1.4 and 9.3, refunds, returns, or exchanges are not permitted under any circumstances.

7.3 Right to Terminate Access:
7.3.1. If the Payer has paid for the Course using a credit card, and a chargeback or withdrawal of payment occurs for any reason, we reserve the right to immediately suspend or terminate your access to the Course.
7.3.2. Access will only be reinstated upon resolution of any outstanding payment issues, and upon receipt of the full payment amount.

8. Dispute Resolution

8.1. Any disputes related to payments, refunds, or access termination will be resolved in accordance with applicable laws and in accordance with this clause

8.2. In the event of any dispute arising out of or relating to this Licence, the parties shall first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved within 30 days, the parties agree to submit the matter to arbitration before a mutually agreed-upon arbitrator. The parties agree that they shall not bring any dispute to court except for enforcement of the arbitration award. Any court proceedings shall be limited to the enforcement of this arbitration clause and any resulting award.

8.3. Each party shall bear its own legal fees and costs incurred in any dispute resolution process.

8.4. All proceedings, including negotiations, mediation, and arbitration, shall be conducted confidentially, and no information related to the dispute shall be disclosed to any third party, except as required by law or necessary for enforcement.

9. Term and Termination

9.1. This Licence shall become effective on the Registration Date and will terminate on the first anniversary of the Registration Date (irrespective of the Course not being completed on or before that date).

9.2. The Licensor may suspend or permanently disable your Account and terminate this Licence immediately on written notice if you commit a material, persistent or repeated breach of the Licence (including, for the avoidance of doubt, the Code of Conduct and the Data Protection and Privacy Policy).

9.3. The Licensor may terminate this Licence for any reason by giving the Licensee not less than 90 days' written notice. In the event of termination in accordance with this clause 9.3, the Licensor shall provide a refund to the Licensee pro-rata to that part of the Course which the Licensee has not, at the time of such termination, Used.

10. Variation

The Licensor reserves the right to amend the provisions of this Licence from time to time. Details of any such amendments, and the date from which they will become effective, shall be notified via the Licensee’s registered email address.

11. Disclaimer

11.1. The Licensor shall use reasonable endeavours to ensure that the Course is accurate and error-free at the time it is Used. The Licensee acknowledges that elements of the Course will be obtained by the Licensor from third parties that the Licensor has no control over, and that the Licensor will not be responsible in contract or tort for the content, accuracy or withdrawal of such third-party contributions to the Course.

11.2. The views, thoughts and opinions expressed by any contributor to the Course are the contributor’s own and do not represent the views, thoughts and opinions of the Licensor.  The material and any information presented by any contributor is for general information purposes only and no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any such information is given by the Licensor or any such contributor.

11.3. The Course may contain links to other websites. Unless expressly stated, these websites are not under our control. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on the Course does not imply any endorsement of the sites themselves or of those in control of them.

11.4. Whilst we use reasonable endeavours to ensure that the Course is secure and free of errors, viruses and other malware, you are responsible for your own internet security, that of your personal details and your computers.

11.5. The Course is provided “as is” and on an “as available” basis. We shall use reasonable endeavours to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Course and supporting facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

11.6. 
We accept no liability for any disruption or non-availability of the Course resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

11.7. Other than for fraud, fraudulent misrepresentation or death or personal injury caused by the Licensor's negligence (unless this can be excluded under local law), the Licensor's total aggregate liability under or in connection with this Licence, whether in contract, tort (including negligence) or otherwise will be limited to the price paid by the Licensee for the Course.

11.8. The Licensee acknowledges that it is responsible for complying with local laws and regulations of the jurisdiction in which it Uses the Course. The Course should not be Used, accessed or imported in any jurisdiction where for any reason the Use or availability of the Course is prohibited. The Licensor does not represent that the Course complies with laws in all jurisdictions.

11.9. The Licensor's liability for infringement of third-party Intellectual Property Rights if they arise shall be limited to breaches of rights subsisting in the UK.

11.10. This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Course. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor, except as specifically stated in this Licence. Any condition, warranty, representation or other term concerning the supply of the Course which might otherwise be implied into, or incorporated in, this Licence, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.

11.11. Nothing in this Licence is intended to affect any statutory rights that you may have if you are receiving this Licence as a consumer and are using the Course for private Use and not for commercial Use.  

12. General

12.1. Assignment and Sub-Licensing: The Licensee is not entitled to assign or sub-license to any third party any of its rights or obligations under this Licence.

12.2. Severability: If any part, term or provision of this Licence, not being of a fundamental nature, is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Licence shall not be affected.

12.3. Rights of third parties: No rights are granted to any person who is not a party to this Licence in their own right (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise), and the Parties declare that they have no intention to grant any such right.

12.4. Rights and remedies: Any limitation of liability provisions that may apply to this Licence shall not restrict or limit the Licensor’s right to recover full compensation for damages resulting from a breach of this Licence, including any intentional, fraudulent, or grossly negligent actions. The rights and remedies provided to the Licensor in this Licence are cumulative and in addition to any other rights or remedies available at law or in equity. The exercise of any one remedy does not preclude the exercise of any other available remedy.

12.5. Privacy and your personal information: The Data Protection and Privacy Policy is incorporated into this Licence by reference. The policy explains how the Licensor treats your personal information and protects your privacy.

12.6. Code of Conduct: The Code of Conduct is incorporated into this Licence by reference. The policy explains the standards of conduct expected of you when Using the Course.

12.7. Entire Agreement: This Licence (together with the Data Protection and Privacy Policy and Code of Conduct) contains the entire agreement between the parties in respect of or in connection with the matters referred to in this Licence and supersedes and cancels all previous agreements and working arrangements whether oral or written, express or implied between the parties in respect of or in connection with such matters.

12.8. No Waiver: No waiver of any term or condition of this Licence shall be effective unless made in writing and signed by the party against which enforcement of the waiver is sought. The waiver of any breach of any term or any condition of this Licence shall not be construed as a waiver of any subsequent breach of a term or condition of the same or different nature.

12.9. Notices: All notices / communications shall be given to us either by post to our premises (being, at the date of this Licence, the address set out in clause 1 above) or by email to academy@rts.org.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full before 5:00 p.m. on a business day and on the next business day if the email is sent on or after 5:00 p.m. on a business day or on a weekend or public holiday.

12.10. Governing Law: This Licence shall be governed by and construed and interpreted in accordance with English Law and, subject to clause 8, shall be subject to the exclusive jurisdiction of the English Courts. It is hereby agreed for the benefit of the Licensor that the submission to the jurisdiction of the English Courts shall not (and shall not be construed so as to) limit the right of the Licensor to bring legal proceedings in any other court of competent jurisdiction including without limitation the courts having jurisdiction by reason of the Licensee's domicile. Legal proceedings by the Licensor in any one or more jurisdictions shall not preclude legal proceedings by it in any other jurisdiction whether by way of substantive action, ancillary relief, enforcement or otherwise.