Website Terms of Use and Acceptable Use Policy
For The Culture Academy & DCLS
BY USING OUR SITES, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT USE OUR SITES.
1. Information about us
1.1 Operator of the sites
Our websites, online learning platforms, and associated digital services (“Our Sites”) are operated by The Culture Academy and DCLS (“We”, “Us”, “Our”).
1.2 Corporate details
We operate in the United Kingdom. Specific company registration numbers, registered office addresses, and VAT numbers (if applicable) can be inserted here once confirmed by you.
1.3 Trading names
“The Culture Academy” and “DCLS” may each operate under one or more trading names. Any such names will be treated as part of the same legal entity or group, as applicable.
2. How to contact us
2.1 General contact
If you wish to contact Us for any reason (including queries about these Terms, Our Sites, or any content), you may do so via:
• Email: Samanthapearsall22@outlook.com
• Postal address: TBC
2.2 Support and technical issues
For technical support relating to access, login, or course usage, please contact:
• Support email: Samanthapearsall22@outlook.com
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3. Access to our sites
3.1 Free and paid access
• Some areas of Our Sites may be accessible free of charge.
• Access to online training modules, premium content, or other paid services is granted following payment of the relevant fees and is governed by Our Terms and Conditions of Supply.
3.2 Your responsibility for access
You are responsible for making all arrangements necessary to access Our Sites, including ensuring you have suitable hardware, software, internet connectivity, and security protections.
3.3 Availability and “as is” basis
Our Sites are provided on an “as is” and “as available” basis. We do not guarantee that Our Sites, or any content on them, will always be available, uninterrupted, or error‑free.
3.4 Suspension and withdrawal
We may suspend, withdraw, discontinue, or change all or any part of Our Sites without notice. We will not be liable to you if, for any reason, Our Sites are unavailable at any time or for any period.
4. Accounts, passwords and security
4.1 Account creation
Certain features or services may require you to create an account. You must provide accurate and complete information and keep it up to date.
4.2 Confidentiality of credentials
If you choose, or are provided with, a user identification code, password, or any other piece of security information, you must treat such information as confidential and must not disclose it to any third party.
4.3 Responsibility for account activity
You are responsible for all activities that occur under your account. If you know or suspect that anyone other than you knows your password or has accessed your account, you must promptly notify Us.
4.4 Right to disable accounts
We reserve the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time if, in Our reasonable opinion, you have failed to comply with any of the provisions of these Terms or Our Acceptable Use Policy.
5. Changes to our sites
5.1 Updates and modifications
We may update and change Our Sites from time to time to reflect changes to Our services, Our users’ needs, legal requirements, or business priorities.
5.2 Notice of significant changes
Where reasonably possible, We will try to give you notice of any significant changes, but We are under no obligation to do so.
6. Changes to these terms
6.1 Right to amend
We may revise these Terms (including this Acceptable Use Policy) at any time.
6.2 How changes are communicated
When changes are made, We will update the “Last updated” date at the top of this page. In some cases, We may also provide additional notice (for example, via email or on Our Sites).
6.3 Effect of changes
Your continued use of Our Sites after the updated Terms have been posted constitutes your acceptance of those changes. You should check this page regularly to ensure you understand the Terms that apply at that time.
6.4 Conflict with previous versions
If any part of the current version of these Terms conflicts with any previous version(s), the current version shall prevail unless We expressly state otherwise.
7. International users
7.1 Intended territory
Our Sites are intended primarily for users in the United Kingdom.
7.2 No representation for other jurisdictions
We do not represent or warrant that Our Sites or their content are appropriate, lawful, or available for use in other locations. Users accessing Our Sites from outside the UK do so at their own risk and are responsible for compliance with local laws.
8. Intellectual property and permitted use of our sites and content
8.1 Ownership of content
All content on Our Sites—including text, graphics, logos, icons, images, audio, video, software, course materials, assessments, and other digital resources (“Content”)—is owned by or licensed to Us, unless specifically stated otherwise.
8.2 Protection of rights
The Content is protected by UK and international copyright, trade mark, and other intellectual property laws and treaties.
8.3 Permitted personal use
You may:
• Access and view Our Sites in a web browser (including any in‑app browser).
• Download pages for caching purposes (which may occur automatically).
• Print one copy or download extracts of any page(s) from Our Sites for your personal, non‑commercial use.
• Draw the attention of others within your organisation to Content posted on Our Sites.
8.4 Restrictions on use
You must not:
• Modify the paper or digital copies of any materials you have printed or downloaded.
• Use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text.
• Remove or alter any copyright, trade mark, or other proprietary notices.
• Use any Content for commercial purposes without obtaining a licence from Us or Our licensors.
8.5 Acknowledgement of ownership
Our status (and that of any identified contributors or licensors) as the authors and owners of Content on Our Sites must always be acknowledged.
8.6 Consequences of breach
If you print off, copy, or download any part of Our Sites in breach of these Terms, your right to use Our Sites will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.
9. Links to our sites
9.1 Linking to our homepage
You may link to the homepage of Our Sites, provided that you do so in a way that is fair and lawful and does not damage Our reputation or take unfair advantage of it.
9.2 No implied association or endorsement
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part where none exists.
9.3 Use of logos and trademarks
You must not use any logos, trade marks, or branding displayed on Our Sites without Our express written permission.
9.4 Framing and embedding
You must not frame Our Sites on any other site, nor may you create a link to any part of Our Sites other than the homepage without Our express written consent.
9.5 Prohibited linking sources
You must not link to Our Sites from any website whose main content is unlawful, obscene, offensive, defamatory, threatening, discriminatory, or otherwise objectionable, or which infringes the rights of any third party.
10. Links to other sites
10.1 Third‑party links
Our Sites may include links to other websites operated by third parties.
10.2 No control over third‑party sites
Unless expressly stated otherwise, these sites are not under Our control. We have no responsibility for the content, policies, or practices of any third‑party websites.
10.3 No endorsement
The inclusion of a link to another website on Our Sites is provided for information purposes only and does not imply any endorsement or approval of that website, its owners, operators, or any products or services they provide.
10.4 Your responsibility
You access third‑party websites at your own risk and should review their terms and privacy policies before using them.
11. Uploading content to our sites
11.1 User‑generated content
If you upload, submit, or otherwise provide any content to Our Sites (for example, forum posts, assignments, comments, or profile information), you must ensure that such content is lawful, accurate, and appropriate.
11.2 Prohibited content
You must not upload content that is defamatory, obscene, offensive, discriminatory, infringing, or otherwise in breach of any law or third‑party rights.
11.3 Licence you grant us
By uploading content, you grant Us a non‑exclusive, worldwide, royalty‑free licence to use, reproduce, store, adapt, publish, and distribute that content for the purposes of operating, improving, and promoting Our Sites and services.
11.4 Monitoring and removal
We may monitor, review, edit, or remove any content you upload if, in Our opinion, it does not comply with these Terms or is otherwise inappropriate.
12. Acceptable usage of our sites
12.1 Lawful use only
You may only use Our Sites in a lawful manner. In particular, you must:
• Ensure that you comply with all local, national, and international laws and regulations that apply.
• Not use Our Sites in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
12.2 Prohibited behaviours
You must not:
• Use Our Sites to knowingly send, upload, or transmit any data that contains viruses, malware, or any other harmful code designed to adversely affect computer hardware, software, or data.
• Use Our Sites to bully, harass, intimidate, or discriminate against any person.
• Use Our Sites to transmit or upload any defamatory, obscene, offensive, hateful, or otherwise objectionable material.
• Attempt to gain unauthorised access to any part of Our Sites, the server on which Our Sites are stored, or any server, computer, or database connected to Our Sites.
• Attack Our Sites via a denial‑of‑service attack, a distributed denial‑of‑service attack, or any other form of technical attack.
12.3 Consequences of breach
If you fail to comply with this Clause 12, you will be in breach of these Terms. We may take one or more of the actions set out in Clause 18 (Enforcement and consequences of breach).
13. Viruses, malware and security
13.1 Our efforts
We exercise reasonable skill and care to ensure that Our Sites are secure and free from viruses and malware; however, We do not guarantee that this will always be the case.
13.2 Your responsibility
You are responsible for configuring your information technology, computer programmes, and platform to access Our Sites. You should use your own virus protection software and maintain appropriate security measures.
13.3 Prohibited acts
You must not:
• Deliberately introduce viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful to or via Our Sites.
• Attempt to gain unauthorised access to Our Sites, the server on which Our Sites are stored, or any server, computer, or database connected to Our Sites.
• Attack Our Sites via a denial‑of‑service attack, a distributed denial‑of‑service attack, or any other attack.
13.4 Criminal offences
By breaching this Clause 13, you may be committing a criminal offence under the Computer Misuse Act 1990 or other applicable legislation. We will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them.
13.5 Immediate termination of rights
In the event of such a breach, your right to use Our Sites will cease immediately.
14. Disclaimers
14.1 No general professional advice
Except for the specific educational Content and any associated assessments forming part of Our training courses, nothing on Our Sites constitutes professional, legal, financial, medical, or other specialist advice on which you should rely. The Content is provided for general information and educational purposes only.
14.2 Need for specialist advice
You must obtain professional or specialist advice before taking, or refraining from taking, any action based on any Content on Our Sites.
14.3 Accuracy and completeness of content
We make reasonable efforts to ensure that the Content on Our Sites is complete, accurate, and up to date. However, We make no representations, warranties, or guarantees (whether express or implied) that the Content is accurate, complete, or current at all times.
14.4 Business users
If you are a Corporate Customer or an Individual Customer who is also a business (as defined in Our Terms and Conditions of Supply), We exclude all implied representations, warranties, conditions, and other terms that may otherwise apply to Our Sites and Content, to the fullest extent permitted by law.
15. Our liability
15.1 Liability that cannot be excluded
Nothing in these Terms excludes or limits Our liability for:
• Death or personal injury caused by Our negligence;
• Fraud or fraudulent misrepresentation; or
• Any other liability that cannot be excluded or restricted under English law.
15.2 Business users (corporate or business individual customers)
If you are a Corporate Customer or an Individual Customer who is also a business (as defined in Our Terms and Conditions of Supply), then, to the fullest extent permissible by law, We will not be liable for any loss or damage, whether foreseeable or not, arising in contract, tort (including negligence), breach of statutory duty, or otherwise, in connection with:
• Your use of, or inability to use, Our Sites; or
• Your use of, or reliance upon, any Content on Our Sites.
15.3 Excluded types of loss for business users
If you are a business user, We will not be liable for:
• Loss of profits, sales, business, or revenue;
• Loss of business opportunity, goodwill, or reputation;
• Loss of anticipated savings;
• Business interruption; or
• Any indirect or consequential loss or damage.
15.4 Consumers (non‑business individual customers)
If you are an Individual Customer who is a consumer, you agree that you will not use Our Sites for any commercial or business purposes. We shall have no liability to you for any business‑related losses listed in Clause 15.3.
15.5 Digital content and consumer rights
If you are a consumer and digital Content from Our Sites damages your device or other digital content, and this is caused by Our failure to use reasonable skill and care, We will either repair the damage or compensate you, in accordance with your statutory rights.
15.6 Separate terms for course supply
Different exclusions and limitations of liability may apply to any liability arising as a result of the supply of any courses or services you purchase from Us. These will be set out in Our Terms and Conditions of Supply, which apply in addition to these Terms.
16. Enforcement and consequences of breach
16.1 Actions we may take
If We reasonably believe that you have breached these Terms (including this Acceptable Use Policy), We may take one or more of the following actions:
• Issue you with a formal warning;
• Temporarily or permanently suspend your right to use Our Sites;
• Temporarily or permanently remove any content you have uploaded;
• Restrict your access to certain features or services;
• Terminate any contract or agreement between you and Us;
• Take legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• Disclose such information to law enforcement authorities as We reasonably feel is necessary or as required by law; and/or
• Take any other action We reasonably deem appropriate.
16.2 No limitation of other rights
We exclude liability for actions taken in response to breaches of these Terms. The actions described above are not exhaustive, and We may take any other action We reasonably deem appropriate.
17. Governing law and jurisdiction
17.1 Applicable law
These Terms, and any dispute or claim arising out of or in connection with them (including non‑contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.
17.2 Jurisdiction
You and We agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter.
18. Contact regarding these terms
If you have any questions about these Terms, wish to report a breach, or require clarification on any aspect of Our Sites’ use, please contact Us at:
• Email: Samanthapearsall22@outlook.com
• Subject line suggestion: “Website Terms & Acceptable Use – Query/Report”
- Interactive Services
16.1 Types of interactive services
We may, from time to time, provide services which are interactive on Our Sites. These may include, without limitation:
• Learning management system (LMS) interactive platforms (discussion boards, course forums, assignment feedback tools).
• E‑learning courses with interactive assessments, quizzes, or peer‑to‑peer collaboration features.
Important clarification: We do not operate public chatrooms or bulletin boards outside of Our LMS learning environment. Any interactive features are strictly limited to educational purposes within Our controlled platforms.
16.2 Information about interactive services
Where We provide any interactive service, clear information will be provided about that service. In particular, We will inform you:
• Whether moderation is in place;
• Whether moderation is automated or carried out by people;
• Any rules or restrictions specific to that service.
16.3 Risk assessments and moderation
We use reasonable efforts to carry out risk assessments for any interactive services We may offer, in order to determine the risks posed to Users from third parties. On the basis of those risk assessments, We decide whether to implement moderation and, if so, what kind.
Notwithstanding this, We are under no obligation to monitor, moderate, or otherwise oversee any interactive services provided on Our Sites.
16.4 Exclusion of liability
We hereby exclude any and all liability for any loss or damage arising out of the use of such interactive services by a User who breaches the Content Standards set out in Clause 17, whether We monitor the interactive service or not.
16.5 Minors
Minors may not use the interactive services provided on Our Sites. Access is restricted to adult learners and authorised users only.
16.6 Moderator contact
Where We moderate an interactive service, We will normally provide you with a way of contacting the moderator should any particular concern or difficulty arise.
17.Content Standards
17.1 Prohibited content
When communicating via Our Sites, whether by uploading User Content or otherwise interacting with Our LMS platform, you must not submit, communicate, or otherwise do anything that:
• Is sexually explicit or sexualises minors (including child sexual abuse material).
• Is obscene, deliberately offensive, hateful, or inflammatory.
• Promotes violence, terrorism, or unlawful activity.
• Defames, bullies, insults, intimidates, or humiliates another person.
• Discriminates against, or is defamatory of, any person or group based on race, nationality, gender, gender identity, sexual orientation, religion, disability, or age.
• Threatens, harasses, annoys, alarms, inconveniences, or embarrasses another person.
• Misleads, impersonates, or misrepresents your identity or affiliation.
• Implies any form of affiliation with Us where none exists.
• Infringes intellectual property rights (including copyright, patents, trademarks, and database rights).
• Breaches any legal duty owed to another party, including contractual duties and duties of confidence.
17.2 Positive obligations
When communicating via Our Sites, you must ensure that your communication or submission:
• Is truthful and accurate.
• States only genuinely held opinions.
• Complies fully with all applicable local, national, and international laws and regulations.
18.Breaches of These Terms
18.1 Consequences of breach
If you fail to comply with these Terms and Conditions, We may take one or more of the following actions:
• Suspend or terminate your right to use Our Sites.
• Remove, either temporarily or permanently, your communication, User Content, or other submission from Our Sites.
• Issue you with a written warning.
• Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach.
• Take further legal action against you, as appropriate.
• Disclose such information to law enforcement authorities as required or as We deem reasonably necessary.
• Take any other actions which We deem reasonably appropriate (and lawful).
18.2 Exclusion of liability for enforcement actions
We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above) in response to your breach.
19.How We Use Your Personal Information
19.1 Privacy compliance
We will only use your personal information as set out in Our Privacy Notice, Our Cookie Policy, and Clauses 9 and 10 of Our Terms and Conditions of Supply.
19.2 Data protection
We comply with applicable UK data protection laws, including the UK GDPR and Data Protection Act 2018.
20.Law and Jurisdiction
20.1 Governing law
These Terms and Conditions and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
20.2 Consumers
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in this Clause takes away from or reduces your legal rights as a consumer.
20.3 Jurisdiction for consumers
If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
20.4 Jurisdiction for business users
If you are a Corporate Customer or Individual Customer (who is also a business), any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us shall be subject to the exclusive jurisdiction of the courts of England and Wales.