Terms and Conditions

1. Information About Us

1.1

We are Faber and Faber Limited (Company No. 00944703, VAT No. 572 9170 23) of Bloomsbury House, 74-77 Great Russell Street, London, WC1B 3DA (‘Faber’, ‘we’, ‘us’, ‘our’).

1.2

This website (‘our site’) is owned and operated by us. If you have any questions about our Site, our Services or your order, please visit our Contact Us Page for full details on how to contact us.

2. Information About These Terms

2.1

This page tells you information about us and the legal terms and conditions (‘Terms’) on which we sell any of the services listed on our site (‘Services’) to you, as well as the terms and conditions of using the online classroom (‘Online Classroom’).

2.2

These Terms and our Website Terms of Use, Privacy Policy  and Cookie Policy govern our relationship with you (we will refer to you in these Terms as ‘you’ or ‘your’) and apply to your use of our site, the Online Classroom, and any contract between us for the sale of Services to you (‘Contract’).

2.3

Please read these Terms carefully before using our site or the Online Classroom. By using our site and/or the Online Classroom, you agree to be bound by these Terms.

2.4

From time to time, these Terms may be updated or modified.  We therefore suggest that you visit this document regularly and note any changes thereto while using the Online Classroom, and every time you wish to order Services.  Please note that the Terms in force at the date of each order will apply. These Terms were last updated on 15 April 2021.

2.5

Please note if you are a consumer in the European Union, you have certain rights to cancel a Contract for Services and these rights are set out in more detail in Clause 7.

3. Your Faber Academy Account

3.1

In order for you to purchase Services from our site, you will need to set up an account with us (‘Account’). You will need to be 18 years old or over to create an Account. Please note that your creation of an Account does not in itself entitle you to purchase Services from us and we are not obliged to accept any or all orders that you place with us. We also reserve the right to refuse to permit minors to use our site at our discretion.

3.2

By creating an Account, you may be asked to provide information about yourself such as your name, address and email address. Please make sure this information is complete and accurate. We will use this information in accordance with our Privacy Policy and Cookie Policy.

3.3

In all cases, please be aware that you are solely responsible for your Account, including making sure that your details are correct and kept uptodate and ensuring that your password is secure. You are solely responsible for all activity that takes place on your Account. Please do not share your Account with any other person

3.4

If you believe there has been any breach of security of your Account such as the disclosure, theft or unauthorised use of your ID or any payment information you must notify us immediately by contacting us at dataprotection@faber.co.uk.

4. How the Contract is Formed Between You and Us

4.1

How to place an order. You may place an order for Services by completing the online checkout process on our site. Our site allows you to check and amend any errors before submitting your order to us. Please take the time to check your order at each stage of the order process.

4.2

Why we may reject your order. We may contact you to say that we do not accept your order for any reason and at any time (including but not limited to where the Services are unavailable or there has been a mistake on the pricing or description of the Services).

4.3

Submitting an Application. For you to purchase certain Services you may be required to complete an application (‘Application’) and submit it to us before we can confirm your order. Where an Application is necessary, we will notify you of this in writing.

4.4

How we acknowledge your Application. After you submit your Application, you will receive an email from us acknowledging that we have received your Application (‘Acknowledgement Email’). Receipt of the Acknowledgment Email does not mean that your order for Services has been accepted, and we reserve the right to reject your order at any time pursuant to Clause 7.

4.5

How we confirm your Application has been received. We will email you to confirm that your Application has been received and at this point you will be required to pay for the Services and finalise your order. This does not mean that your order for Services has been accepted, and we reserve the right to reject your order at any time pursuant to Clause 7.

4.6

How we accept your order. Following receipt of your Application or Services where no Application is required, and payment of any fee due for the Services in accordance with Clause 6, we will confirm our acceptance of your order by sending you a confirmation email (‘Confirmation Email’). A legally binding Contract between you and us will only be formed when we send you the Confirmation Email. The foregoing notwithstanding, we reserve the right, at any time and without liability, to move any of our London based Services online due to Events Outside Our Control (as defined in Clause 10).

4.7

Your order number. We will assign an order number to your order and tell you what it is when we send you the Acknowledgement Email. It will help us if you can tell us the order number whenever you contact us about your order. Please include your order number in any correspondence with us in relation to your order.

5. Price

5.1

The price of the Services will be as quoted on our site and includes VAT. Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed by sending you a Confirmation Email.

5.2

The foregoing nothwithstanding it is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. If you receive a Confirmation Email for a Service where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we reserve the right to end the Contract and refund you any sums you have paid to us.

5.3

Alumni Discount. We reserve the rights to alter or remove the alumni discount scheme at any time.

6. Payment

6.1

Payment authorisation must be provided by you on the date that you place an order for Services.

6.2

Payment must be made by credit/debit card. We accept payment by Visa, MasterCard, Switch, Maestro and Delta or Paypal. Payment will be debited from your account before despatch of the Services to you.

6.3

Upon receiving your order we will carry out a standard preauthorisation check on your payment card to ensure there are sufficient funds in order to fulfil the transaction. No payment is debited from your card during this preauthorisation check.

6.4

On some occasions, we are required by the card issuer to perform additional security checks on the payment card, which can delay the order until the card has been authorised.

6.5

You confirm that the credit/debit card that is being used is yours

6.6

All prices and delivery charges are shown in UK pounds sterling and will be charged to your credit/debit card in UK pounds sterling. Your payment card company will perform any currency conversion, if necessary and you shall be solely responsible for any fees incurred for currency conversion.

6.7

We take your online privacy seriously. However, although we use appropriate encrypted security software on our website, the security of any payments transmitted and processed via the Internet cannot be guaranteed. Except in the absence of negligence on our part, any losses incurred or sustained by you as a result of transmitting information by means of email or other internet link will be borne solely and exclusively by you. For more information about how we collect, process and otherwise use your information, please read our Privacy Policy and Cookie Policy.

7. Right of Refund and Cancellation

7.1

We are happy to accept cancellations up to twelve weeks before the course (‘Course’) you are booked on commences and we will refund the full cost of the Course. Please see below for model cancellation form which can be sent to Faber Academy, Faber & Faber limited, Bloomsbury House, 74-77 Great Russell Street, London, WC1B 3DA, or via email to academy@faber.co.uk.

 

MODEL CANCELLATION FORM

 

To Head of Faber Academy,

 

I hereby give notice that I cancel my contract for supply of the following service:

 

Name of course:
Date ordered:
Name of customer:
Signature of customer (only necessary if this form is supplied on paper)
Date:

7.2

If you need to cancel less than twelve weeks before the course you are booked on commences, we will do our best to find a replacement and, if we succeed, the balance of your fee will be returned less a £75 reservation charge. If we are unable to find a replacement, we reserve the right to retain the full fee, at our sole discretion.

7.3

In the rare circumstance where we may need to cancel a Course, we will provide you with as much advance notice as possible and shall either endeavour to offer you an alternative Course of the same standing or return all fees paid, but shall not pay travel or any other costs. In the event a session of a Course (‘Course Session’) is cancelled, we will endeavour to provide an alternative Course Session, but shall not be obligated to do so. If we are unable to provide you with an alternative Course Session, we will offer a pro-rated refund. We do not provide cancellation insurance and advise that you take out your own travel/other insurance to cover against any circumstances that may lead to the cancellation of your booking.

7.4

By paying the deposit and securing your place on a three- or six-month Course, you are committing to attend the Course for its full duration, and are liable to pay the full Course fees as outlined in the payment plan in relation to the Course. If for any reason you decide to leave the Course once it has commenced, you remain liable for the full fees in relation to the Course.

7.5

The foregoing notwithstanding if we are unable to perform the whole or part of the Contract due to any cause or event beyond our reasonable control, we may, at our option at any time, by notice in writing to you, cancel or suspend the Contract in whole or in part without liability and without prejudice to our rights to receive payment of the price for all Services previously delivered, however we shall offer a refund of fees paid for Services which have not been delivered. For further details of what constitutes an Event Outside Our Control, please see Clause 10.

8. Conduct, Concerns and Complaints

We’re proud to run professional and friendly courses and services designed to inspire and support your writing, learning and creativity. To make sure they’re a productive learning opportunity for everyone, we expect you to be respectful and thoughtful, and not behave in any way that may cause offence to anyone.

This means that you undertake not – at any point of a Faber Academy course, whether in person or on the online classroom (forums, chatrooms, personal profiles, messaging and webinars) – to bully, intimidate, coerce, demean or knowingly behave in any way that may cause offence to anyone using the classroom, including course participants, tutors, moderators, administrators and guests. Doing so may result in your being removed from the course in question.

For further details on this, please see our Conduct, Concerns and Complaints Policy.

9. Our Liability

9.1

We are responsible to you for foreseeable loss and damage caused by us in relation to the Services covered by the Contract. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that we could have reasonably foreseen because:

9.1.1

the loss or damage was an obvious consequence of our failure to comply with these Terms or our negligence; or

9.1.2

they were contemplated by you and us at the time we entered into the Contract.

9.2

We are not responsible for any loss or damage that we could not have reasonably foreseen.

9.3

In no event will Academy, our affiliates or agents be liable for any indirect, consequential, special, incidental or punitive damages arising out of your access to, or use of, the Online Classroom or its contents, including any co-branded site, whether in a contract action or based on negligence, or other tort action, or any other claim whatsoever, even if we have been advised of the possibility of such damage.

9.4

Further, please be aware that you are responsible for making all arrangements necessary for you to have access to our site. When accessing our site over your mobile network, you will be using your data allowance. We are not responsible for any charges you may incur in using our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and that they comply with them.

9.5

We are not liable for business loss. We shall have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity. We also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these Terms.

9.6

All of your statutory rights are unaffected. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; or fraud or fraudulent misrepresentation; or any other liability which may not be limited or excluded under applicable law. Any statutory warranties to which you are entitled as a consumer (including, for example, that any service is carried out with reasonable skill and care) are unaffected by these Terms.

9.7

Our employees and agents are not authorised to make any representations or give any warranty concerning the Services unless these are confirmed in writing by us. In entering into the Contract you acknowledge that you do not rely on and waive any claim for any breach of any representation or warranty which is not so confirmed.

9.8

Consumer Rights. As a consumer, you have legal rights in relation to the Services. Advice about your legal rights is available from your local Citizens’ Advice. Nothing in these Terms will affect these legal rights.

10. Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An ‘Event Outside Our Control’ means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action, civil commotion, riot, terrorist attack (or threat), war (or threat) or fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

11. Copyright and Intellectual Property

11.1

Our Copyright and Intellectual Property. All classroom, Course and Service materials, whether provided in a physical classroom, via the Online Classroom, by email, phone or post, are owned by or licensed to us, or used with permission, and are protected by UK and international copyright, trademarks, database rights and/or other intellectual property rights.  This includes, but is not limited to text, recording, videos, written lectures, notes and transcripts, quizzes, forum content and discussions, images, graphics and photographs, as well as the design, logos, layout and appearance of the Online Classroom. You may use all provided materials during your Course or Service, but you are not permitted to reproduce, record, copy, distribute or share them in any format at any time during or after your Course or Service.

11.2

Copyright material belonging to third parties. We have an Education Licence from the Copyright Licensing Agency (‘CLA’).  This CLA licence allows us to photocopy, scan or make digital copies of extracts from books, journals and periodicals, magazines, law reports, ebooks, e-journals and some websites, for the benefit of our Course and Service participants and staff in connection with the Course or Service that they are taking or running. The copyright in these materials belongs to their original author(s).  As such, you may use the copied materials we provide during your Course or Service, but you are not permitted to reproduce, record, copy, distribute or share them in any format at any time during or after your Course or Service.

11.3

Your copyright. You retain copyright in any work you write during your Course or Service. You warrant to us that any such work shall be solely your own and that it shall not infringe the copyright of any third party.  This warranty shall survive any cancellation or termination of your Course or Service. You further provide an indemnity to us in accordance with Clause 15 below in relation to any breach or alleged breach of this warranty.

11.4

We do not assert ownership rights over the content you post, transmit, or otherwise make available for inclusion on the forums, chatrooms, messaging or anywhere within the classroom. We may want to use comments you’ve made in discussions to help provide, promote or advertise our Courses and Services. By using the Online Classroom, you give us permission to do that at any time, even after the Course or Service has ended. However, we will always check with you before we do this.

12. Online Classroom

12.1

Deferrals/non-completion of Online Courses: It is not possible to defer your place or transfer to another group (except in exceptional circumstances, at our sole discretion). If you are unable to continue the Course with your group, we may, but are not obligated to, offer you the option to finish the Course independently in a private group (without tutor or peer feedback).

12.2

Your Online Classroom account and its security: You will need to give us your name and email address so that we can set up your Online Classroom account. We will give you a username and temporary password to allow you to access the Online Classroom, which you will need to change the first time you log in to the Online Classroom. For security, you must keep your login details confidential and not share them with anyone.

12.3

You are solely responsible for any and all use of your Online Classroom account. You must tell us immediately if your Online Classroom account is used without your permission or if you become aware of any breach of security.

12.4

Availability of the Online Classroom: We aim to keep the Online Classroom open 24 hours a day except for routine updates or maintenance. In the event the Online Classroom is unavailable, we will post a notice on the classroom home page.

12.5

Using the Online Classroom: The Online Classroom, and everything in it, including course materials, forums, chatrooms and private messaging areas, are provided on an ‘as is’ basis without a warranty of any kind. While we aim to make the Online Classroom available, accurate and secure, we cannot guarantee that it will be error-free, run uninterrupted, that defects will be corrected, or that the site or its server will be free of viruses or other harmful components. You use the Online Classroom solely at your own risk.

12.6

In using the Online Classroom you must not use any robot, spider, crawling, scraping, or other automated device, process or means to access the Online Classroom. You must not use any device, software, routine, or take any action which could or does interfere with the proper working of the Online Classroom or the Faber Academy site.

12.7

You will have access to your online classroom for a minimum of one month after the end date of your course.

12.8

Using the Online Classroom forums, chatrooms and messaging: We provide forums, chatrooms and messaging to support your learning, networking and socialising with other people in the Online Classroom. You are responsible for any and all content that you share on your personal profile and on the forums, chatrooms, messaging and anywhere else in the Online Classroom. We have a code of conduct to help you, which you must follow at all times (see Conduct, Concerns and Complaints Clause 8 above). Because the Online Classroom is a place to experiment with and explore your writing, we do not want to censor anyone’s work. So by using the Online Classroom you understand and agree that despite the Conduct, Concerns and Complaints Policy you may be exposed to content that you may consider offensive, indecent or objectionable.

12.9

Monitoring Content shared in the Online Classroom: We may monitor and review any content shared in the Online Classroom and have the right to pre-screen, refuse, move or remove any content at any time, at our sole discretion. This includes, but is not limited to, any content that violates these terms and conditions. If you have any questions or concerns about any content shared in the Online Classroom, please raise them with your tutor or the Faber Academy team who will be happy to answer them (see Conduct, Concerns and Complaints Policy in Clause 8 above).

12.10

We cannot control or guarantee the accuracy, completeness, usefulness, integrity or quality of any content shared by other people in the Online Classroom. We are therefore not liable in any way for any such content, including any errors or omissions, or any loss or damage of any kind incurred as a result of the use of any content shared in the Online Classroom.

12.11

Emails sent from the Online Classroom forums: In some cases, when you post your work to one of the Online Classroom forums a copy of your post may be emailed to everyone in your Course group, including tutors, guest tutors, moderators, and our Online Classroom administrators. These posts will often contain a student’s written work and, as such, the copyright of individual forum posts belongs to the person who wrote them (see Clause 11.3 above). You are not permitted to reproduce, record, copy, distribute or share those emails in any format at any time during or after your course or service.

12.12

Posting on Online Classroom forums: By posting to the forums, you agree and accept that your posts will be emailed to your course group. We have no control over what happens to such posts after they have left the Online Classroom and we cannot control or guarantee that they will not be copied, shared or distributed by the recipient(s). We therefore ask everyone who uses the Online Classroom to respect the work of others and not share it in any way, although we accept no liability in the event that such content is shared.

12.13

If you wish to stop receiving forum emails you can update your message settings in your profile. However, your posts will continue to be emailed to your course group, even if you opt out of receiving emails yourself.

13. Data Management and Confidentiality

13.1

Managing your information: You have the right to know what personal data we hold on you within the online classroom, including asking us to:

  • Correct any errors in the data we hold;
  • Restrict how we use your data;
  • Delete your data;
  • Send you a copy of your data.

If you want to speak to us about the personal data we hold in the Online Classroom, please put your request in writing by emailing us at academy@faber.co.uk. We’ll review your request and reply within 30 days.

13.2

All classroom discussions during the Course or Service are private and confidential. You agree to keep confidential any information and/or material, which is divulged by other Course or Service participants, tutors, moderators, administrators and guests (either written, online or oral) both during and after the Course or Service.

13.3

You agree not to make any audio or  visual recordings of any Course or Service sessions (whether delivered in person, through the Online Classroom, video conferencing software, phone or other messaging service), the work of the tutor, guest speakers or of other course participants.

13.4

If your writing includes any sensitive content that other people may find upsetting or offensive, then you should include a warning when you share that work anywhere within the Online Classroom.

14. Partner and Third-Party Sites

14.1

We partner with a range of other websites by sharing some site content. All such partner websites are covered by these terms and conditions.

14.2

We may include references or links to third-party sites. We have no control over third-party sites or the content within them. This means that we cannot guarantee that those sites, or their content, are secure, accurate, legal or inoffensive, and we take no responsibility for any damages or losses whatsoever resulting from your use of the online classroom or partner sites to obtain search results or to link to third-party sites. Your use of third-party sites is solely at your own risk.

15. Indemnification

15.1

You will defend, indemnify, and hold us, our affiliates and agents harmless from:

  • Your access to and use of the Online Classroom;
  • Your violation of any of these Terms;
  • Your violation of any third-party right, including any copyright, trademark, trade secret, or privacy right of any content in the online classroom.
  • Your breach of your warranty in Clause 11.3
15.2

This indemnification shall survive any cancellation or termination of your Course or Service for any reason, and will continue after your Course or Service, and your use of the Online Classroom, has ended.

16. Violating These Terms and Conditions

If you violate any of these terms and conditions we may suspend your access to your Account and/or the Online Classroom. If this happens, you will not be entitled to a refund. Depending on the violation, you may be investigated and appropriate legal action may be taken, including civil, criminal and injunctive redress.

17. Other Important Terms

17.1

Special offers. From time to time we may make special offers available to you. These are available for limited periods only, as further detailed on our site.

17.2

‘Writing’ includes emails. When we use the words ‘writing’ or ‘written’ in these Terms, this includes emails.

17.3

We may transfer the Contract to someone else. We may transfer our rights and obligations under these Terms to another organisation and we will ensure that the transfer will not affect your rights under the Contract.

17.4

You need our consent to transfer the Contract to someone else. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing, but we will not unreasonably withhold our consent.

17.5

Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.6

If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.7

Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaching the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

17.8

Which laws apply to the Contract and where you may bring legal proceedings. These Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have nonexclusive jurisdiction over such disputes and claims. However, as a consumer, you have the right to start legal proceedings in the country you are resident in if you wish.

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