FRANTIC ASSEMBLY - TERMS & CONDITIONS OF SERVICE

OVERVIEW

This website is operated by Frantic Theatre Company Ltd (trading as Frantic Assembly), a registered charity (charity number: 1113716) and company limited by guarantee in England and Wales with company number 2989694. Our registered office is Brixton House, Coldharbour Lane, London, England, SW9 8GL and our VAT number is 748988744. Throughout the website, the terms “we”, “us” and “our” refer to Frantic Theatre Company Ltd. Frantic Theatre Company Ltd offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting, accessing and using our website (or any part of it) and/or subscribing to and accessing our “Frantic Assembly Studio” subscription video-on-demand service (“Frantic Assembly Studio”), (collectively our “Services”) you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the website or use any Services. If you are subscribing to Frantic Assembly Studio via our website, please note that these Terms will apply to your subscription.

Any new features or tools which are added to the website or made available shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

SECTION 1 – OUR WEBSITE

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this website.

If you are acting on behalf of your employer or another business when you access and use the website, including to take out a subscription, you warrant that:

• you have full legal authority to bind your employer or that business; and
• you agree to these Terms of Service on behalf of your employer or the business you represent.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone who fails to comply with these Terms.

You understand that your content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the website is not accurate, complete or current. The material on the website 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 more timely sources of information. Any reliance on the material on this website is at your own risk.

This website 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 the website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 – ORDERS

You can place an order to receive access to the Frantic Assembly Studio from us via the website (“Order”).

Prior to submitting an Order, you should check that the information you have submitted is correct, as once your order is submitted, we will begin processing it immediately.

Your Order constitutes an offer to us. When you place an Order, we will send you an email acknowledging receipt of your order and accepting it (“Confirmation Email”). Unless you have cancelled your Order before we send the Confirmation Email or we have notified you that we cannot accept your Order, a separate contract on these Terms will come into existence between you and us when we send you the Confirmation Email.

Please note that subscriptions to the Frantic Assembly Studio are only available to UK-based educational institutions at this time.

The prices for your Order will be communicated to you during the order process.

You can pay using any of the payment methods set out on the website. If you elect to pay by bank transfer, we will send an invoice to your designated finance contact within 3 working days. If your payment is not authorised or you fail to make a payment when due, your Order will not be fulfilled. This means that if you have purchased a subscription to the Frantic Assembly Studio and you fail to keep up with your payments, your access to the Frantic Assembly Studio will be revoked.

Your subscription will begin on the date that we receive your payment and will last for the duration specified in your Order (“Subscription Term”). Subject to payment by you, you may renew your subscription for further periods (each a “Renewal Period”). Each Renewal Period will form part of your Subscription Term. The renewal date for your subscription will be the anniversary of the date on which your subscription began.

You may cancel your subscription during your Subscription Term but please note that we do not offer refunds on subscriptions for the Frantic Assembly Studio. If you cancel your subscription before your Subscription Term has ended, you will continue to have access to the content available on it for the remainder of your Subscription Term.

SECTION 5 - MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our Services are subject to change without notice. However, if you have placed an Order with us, the prices applicable at the time of your Order will apply to that Order.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. However, if you have placed an Order with us, we will seek to give you reasonable notice of any changes. If you have purchased a subscription to the Frantic Assembly Studio and we discontinue the Frantic Assembly Studio during your Subscription Term, you will continue to have access to the content available on it for the remainder of your Subscription Term. However, once your Subscription Term has elapsed you will no longer have access to such content nor will you be able to renew your subscription.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

SECTION 6 - SERVICES

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. In particular, the Frantic Assembly Studio is only available to UK-based educational institutions at this time and may only be used for educational purposes. We may exercise our right to limit sales on a case-by-case basis. All descriptions of Services and pricing for Services are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any of our Services at any time. However, if you have placed an Order with us, we will seek to give you reasonable notice of any changes and Section 5 will apply.

We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, impose limitations on or cancel your Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ””as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content and services available via our Services may include materials from third-parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - INTELLECTUAL PROPERTY

Unless we and you otherwise agree, we grant to you a non-exclusive, non-transferable, revocable licence to use our website and the Services, provided that: (a) in all cases, you comply with these Terms and any documents referred to in them; and (b) in the case of the Frantic Assembly Studio, you make payment when it is due.

All intellectual property rights in the website, Services and their content, including the Frantic Assembly name and mark, are owned by us or our licensors. Those rights are protected by intellectual property laws and treaties around the world. All such rights are reserved.

If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to: (a) maintain any Comments in confidence (unless such Comments relate to your Order); (b) pay compensation for any Comments; or (c) respond to any Comments (unless such Comments relate to your Order).

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information on our website is governed by our Privacy Policy. View our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to descriptions of the Services, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order).

We are under no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 13 – ACCEPTABLE USE

You are prohibited from using the Services and/or the website or its content: (a) for any unlawful or unauthorised purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without express written permission from us.

When using the Frantic Assembly Studio, you agree: (a) that you will only use the Frantic Assembly Studio for educational purposes and not for any commercial purposes: (b) that you are responsible for making all arrangements necessary to ensure that you have access to it, including ensuring that you have adequate internet access; (c) that you will only make it, and the system generated passcode for accessing it, available to individuals working for and/or attending your educational institution; (d) that you will not download, share, copy or otherwise store content obtained from the Frantic Assembly Studio for use outside of the Frantic Assembly Studio; (e) that you will not exhibit, distribute or otherwise make available to the public any content obtained from the Frantic Assembly Studio; (f) that you will not seek to circumvent: (i) any measures that we use to secure the Frantic Assembly Studio; or (ii) restrictions that we place on use of the Frantic Assembly Studio; and (g) that you ensure that anyone who accesses the Frantic Assembly Studio via your account is aware of these Terms and that they comply with them.

We reserve the right to terminate your use of the Services and/or the website or any related website for violating any of the prohibited uses in this Section.

If you become aware of any content on our website that breaches this Section 13, please contact us by emailing admin@franticassembly.co.uk, providing your details, along with details of: (i) the date and time it was posted; (ii) where it is on our website; (iii) details of the person who posted it (if available); (iv) reasons why the content should be deleted, along with evidence for this; and (v) copies of any communication with the person who posted it (if any).

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. However, if you have placed an Order with us, we will seek to give you reasonable notice of any changes.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Frantic Theatre Company Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our website, the Services or any services procured using the Services, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Our total liability to you for any loss or damage arising out of or in connection with these Terms, whether based in contract, tort (including negligence), strict liability or otherwise, shall be limited to the greater of: (a) £100; and (b) the value of your Order.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. For instance, we do not exclude liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold Frantic Theatre Company Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms of Service with you at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

SECTION 19 – RIGHTS OF THIRD PARTIES

No one other than a party to these Terms has any right to enforce any of these Terms.

SECTION 20 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales (including non-contractual disputes or claims).

You and we irrevocably 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 of Service, their subject matter or formation (including non-contractual disputes or claims).

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. However, if you have placed an Order with us, we will seek to give you reasonable notice of any changes.

Last reviewed September 2022

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at studio@franticassembly.co.uk.