Terms of service

Last updated; 05 August, 2023

TERMS AND CONDITIONS

The following terms of service (these "Terms of Service"), govern your access to and use of COSMOURSE LTD services, including any content, functionality and services offered on or through www.cosmourse.com (the "Site or website")

Please read the Terms of Service carefully before you start to use the Site. By accessing, browsing, registering to use the Site, or Services or by clicking to accept or agree to the Terms of Service & our privacy policy when this option is made available to you, you acknowledge that you have read, understood accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use & Privacy Policy, do not use any portion of the Site, or the Services. Failure to use the Site in accordance with these Terms & Privacy Policy may subject you to civil and criminal penalties.

If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between us and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.

1. USAGE/ ELIGIBILITY

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. We advise that the site be used under the supervision of a Parent and/or guardian as we will not knowingly extract information from minors. You agree to release COSMOURSE and its directors, affiliates and employees from any liability owing to usage of the service by a minor without supervision of a parent and/or guardian. If you violate any restrictions in these terms, you agree to indemnify COSMOURSE for any losses, costs or damages, including reasonable legal fees, incurred by COSMOURSE in relation to, or arising out of, such a breach.

2. ACCEPTANCE OF TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your” or “user”) and COSMOURSE LTD, (“COSMOURSE”, “we”, “us” or “our”), concerning your access to and use of www.cosmourse.com.  You agree that by accessing the Site, you have read, understood, and agree to be bound by the terms and conditions and Privacy Policy incorporated.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

In these Terms, “you” and “your” refer to the individual or entity that uses the Site, or Services. “We”, “us”, or “our” refer to COSMOURSE. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

3. ABOUT COSMOURSE SERVICES

COSMOURSE LTD, carries out its business activities in the United Kingdom. We are an online Learning company, that can stream live art classes for children aged between 3 – 10 years, globally.

In addition, COSMOURSE can also provide access to pre-recorded live art classes. Through a concept-led approach, classes are structured to allow children freedom of creative expression whilst building their working knowledge of various mediums, techniques, and key art movements. Cosmourse takes a structured recurring approach to staging live art classes for children.

The categories of the services we cover, may include;

(a)          Live Classes

Classes are typically 1 hour long and streamed via Zoom.

(b)          Art Projects

A range of pre-recorded art projects for children aged 3 – 10 years. Each art activity is designed based on our core STEMI framework. 

You can purchase art projects via the site. This can be added to your cart. Upon receipt of payment, you will receive a link to the recording which will expire after 12 days of purchase. You may access your library of art project recordings.

(c)          Subscriptions

If available, when you purchase a subscription, you'll receive repeat deliveries. These are based on the subscription duration and frequency that you select.

Your payment details will be stored securely, and you'll be charged for each of these deliveries, unless you choose to pay in advance.

Some subscriptions may auto-renew at the end of their duration. If you don’t want to renew a subscription you can cancel it. See our cancellation policy for more details.

At times, we may offer discretionary free classes to our esteemed users, however, such free classes shall be subjected to our discretion.  We therefore retain the right to suspend any discretionary gifts / classes / art projects etc., at any time without any form of notification to the user.

Use of Service Warranties.

• There are some perks and benefits we offer to new users upon sign up and registration to use the platform. We use email addresses to monitor our database and assume 1 email address per household. Sometimes we release offers for new customers only, we frown at existing customers who would want to use registered old email addresses to benefit from this plan. When discovered, we reserve the right and shall exercise at our sole discretion to ban you from using the services and the website in general.
• You agree and acknowledge that while using the service, you grant COSMOURSE the permission to record live classes any time which in return can be used for training and quality purposes.
• You agree and acknowledge that commercial / promotional videos on YouTube can only be published with the express consent of COSMOURSE and we reserve the right to remove any commercial or promotional videos of our contents, posted by you, that is contrary to the provisions of this terms of service.
• You are kindly asked to refrain from taking videos / photos featuring any other children that take part in our live art classes. As our key priority remains to protect our community of parents and students, which extends to everyone’s right to privacy. If you would like to create a promotional video which includes COSMOURSE teachers only, please seek our express consent by emailing us at hello@cosmourse.com.
• As a parent user of the service, you agree and acknowledge that you will not share zoom links with any third-party who hasn’t subscribed to our service. When discovered, we will not hesitate to suspend your access to use the service or ban you from using the platform indefinitely.

4. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may provide links to external Internet sites. COSMOURSE hereby declares explicitly that it has no influence on the layout or content of linked pages and dissociates itself expressly from all contents of all linked pages of third parties. COSMOURSE shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.

5. INTELLECTUAL PROPERTY

Unless otherwise indicated, the Site is our proprietary property and all pre-recorded course materials accessible for downloads, source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics on the Site and art activities conducted during live classes, (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and the International Unfair Competition Laws, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

Copyright

All content is subject to copyright laws. No content may be republished, sold, hired, or resold without the express written consent from COSMOURSE, including but not limited to downloads, either whole or in part.

6. YOUR REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction of which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose and (8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

7. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site, including these Terms of Service and the Privacy Policy.

8. USER LICENSES

In consideration for your acceptance of this Agreement and your payment of all applicable Fees (as defined below), COSMOURSE grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site, the Services and the pre-recorded course materials available for downloads, are solely for your own personal purposes.

You may access and use the Site, Services and the downloads only in accordance with any instruction manuals, user guides and other documentation as made available by COSMOURSE from time to time (“Documentation”).

This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;
• attempt to decompile or reverse engineer any software contained on COSMOURSE website;
• remove any copyright or other proprietary notations from the materials; or
• Transfer the materials to another person or "mirror" the materials on any other server.
• This license shall automatically terminate if you violate any of these restrictions and may be terminated by COSMOURSE at any time should we find your use of the service disruptive to other service users. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

9. PRICING & MODE OF PAYMENT

To ensure you efficiently use the service, we charge a fee for our online live art classes and also for you to gain access to download the pre-recorded materials from the site. We offer a range of subscriptions available to provide seamless access to live small and large art classes, regularly. For more information on subscriptions, please visit – https://www.cosmourse.com/collections/subscriptions.

We accept PayPal and Credit Cards Payment. The following are third-party Payment merchants accepted on the site;

• Visa
• Mastercard
• GooglePay
• Amex
• ApplePay

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, billing/mailing address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to change pricing as set forth on the site with or without notice.

10. INDEMNIFICATION.

To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website. In particular, we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take Your own precautions in this respect.

We do not accept liability for any failure to maintain the Website and/or late or failed delivery of any Materials purchased through our Site.  We shall not be liable, under these Terms and Conditions for any indirect, special, incidental or consequential damages or otherwise, even if advised of the possibility of such damages.

We shall not be liable for any loss caused as a result of Your actions or inactions based on the Cosmourse Materials available on this Website.   You remain responsible for your own actions and decisions at all times.

 In accordance with these Terms and Conditions, nothing shall affect Your statutory rights, and nothing in these Terms and Conditions shall exclude our liability for:

• death or personal injury arising through negligence
• fraudulent misrepresentation; and/or
• anything else that cannot be excluded or limited by us under English Law.

You agree to compensate us and our respective directors, officers, employees, and applicable third parties in full from and against all third-party claims, liabilities, losses and expenses (including reasonable legal fees) suffered by such persons arising out of, or related to or which may arise from Material on this Site and/or any breach by Your use of any term of these Terms and Conditions.

11. PROHIBITED USES

You may not access or use the Site for any purpose other than that for which we make the available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as (but not limited to) user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden of the Site or the networks or services connected to the Site.
• Attempt to impersonate another user or person or use the username of another user.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Delete the copyright or other proprietary rights notice from any Content.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any parties’ functions, operation, or maintenance of the Site.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or pcms”).
• Except as may be the result of standard search engine or Internet browser usage, use launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Use content without proper attribution
• Use content in a fashion that does not comply with the content’s specific licensing

12. CANCELLATION

All transactions on the site are complete and final and we offer no refunds or money bank guarantees. However, if you wish to cancel a subscription you can do this via your account online (instructions below). If you have technical issues, email us at hello@cosmourse.com.

Refunds will not be issued for delayed cancellation requests. Please note that refunds shall be subjected to our discretion as we deem fit and applicable to your situation.

If you would like to pause / cancel your subscription via your account online, at any time, you may do this by logging into your account online and following the below steps.

1. Click on top right (accounts)
2. Under ‘My Accounts’. Please click on Subscriptions
3. Click on your subscription number (e.g., #1314564)
4. On the right side, click on ‘Cancel’

13. DISCLAIMERS.

Your access to and use of the services and content provided on www.cosmourse.com are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (COSMOURSE ENTITIES are COSMOURSE founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR NON-INFRINGEMENT.

COSMOURSE make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from COSMOURSE or through the Services, will create any warranty not expressly made herein.

The Services may contain links to third-party websites or resources. You acknowledge and agree that the COSMOURSE is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by COSMOURSE of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COSMOURSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COSMOURSE EXCEED THE AMOUNT PAID FOR THE SERVICES. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT COSMOURSE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.

14. CHANGES

If COSMOURSE decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.

15. GOVERNING LAW AND JURISDICTION

This general terms and conditions in relation to the use of www.cosmourse.com,  is hereby governed by, and constructed and enforced in accordance with the laws of the United Kingdom. The competent courts in the United Kingdom, shall have the exclusive jurisdiction to resolve any dispute between you and COSMOURSE.