Metalsmith Academy Terms of Use

Last Update: 1 April 2021

Lucy Walker Jewellery PLT maintains the website lucywalkerjewellery.com (the “Site”) and the Service (as defined below) offered herein for the use of its customers and students (“you” or “Users”) upon agreement to the following terms. Please read the terms carefully before subscribing to the Service. Subscription to the Service indicates acceptance of these “Terms of Use” and forms a binding agreement between you and Lucy Walker Jewellery PLT. If you do not agree to these terms, do not subscribe to the Service offered.

 

1. Service

1.1 Lucy Walker Jewellery PLT provides various online training, materials (whether downloadable or otherwise), videos, information, quizzes, tests, questions, articles, news, resources and other information on this Site (the “Service”). Each User is authorised to view and download (where applicable) the Service for personal use and shall not share access to the User’s Site account to access the Service with any other third party. Any breach of these Terms of Use automatically terminates your subscription to the Service and any future subscriptions thereto. Notwithstanding termination of this Terms of Use, Clause 3 (Liability) and Clause 5 (Intellectual Property) shall continue to be in effect.
1.2 We reserve the right to vary or withdraw the Service, or any part thereof, described on the Site without notice.
1.3 We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your subscription to the Service. For the avoidance of doubt, we do not represent that the Service has obtained any accreditation with any educational institution or professional body.
1.4 Hyperlinks. Links to external websites are provided solely as a convenience to you. Lucy Walker Jewellery PLT has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked from this Site, you do so entirely at your own risk.
1.5 “As-Is” Basis. The Service provided on this Site is provided on an “as is” and “as available” basis. We shall not be liable for and make NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND IN RELATION TO THE SERVICE INCLUDING BUT NOT LIMITED TO AVAILABILITY, ACCESSIBILITY, TIMELINESS, FREE FROM ANY FAULT OR ERROR OR UNINTERRUPTED USE OF THE SERVICE(S), MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, SEQUENCE, ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION TRANSMITTED USING THE SERVICE OR PROVIDED TO YOU AS PART OF THE SERVICE. NO ADVISE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY AND SHALL BE USED BY YOU AT YOUR OWN RISKS. Lucy Walker Jewellery PLT further does not warrant the accuracy and completeness of the Service at this Site. Lucy Walker Jewellery PLT may make changes to the Service on this Site, or to the prices described in them, at any time without notice. The Service at this Site may be out of date, and Lucy Walker Jewellery PLT makes no commitment to update the Service at this Site.

 
 
 
 
 

2. Subscription and Term of Agreement

2.1 The fees and validity of your subscription to the Service shall be as set out on the Site at the time of your payment. Upon payment, you will be provided access to the Service.
2.2 Membership Plans. We offer the following subscriptions to the Service with their respective terms (each a “Membership Plan”):

  • Monthly subscription: You shall have access to the Service for thirty (30) days. Failure to make payment when your subscription fees for renewal are due shall result in your access to the Service being withheld; and
  • Annual subscription: You shall have access to the Service for three hundred and sixty five (365) days. Failure to make payment when your subscription fees for renewal are due shall result in your access to the Service being withheld.

2.3 Discounts. Discounts offered may be applied to your subscription fees perpetually or for a limited time depending on the description of the discount, subject always to non-cancellation of your Membership. Where you have cancelled your discounted Membership but wish to re-subscribe at a later date, any previous discount shall no longer be applicable.
2.4 You may cancel the automatic renewal of your Membership Plan at any time and your access to the Service shall terminate at the end of the current contracted term. It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
2.5 Due to the nature of the Service, no refunds shall be permitted.
2.6 Lucy Walker Jewellery PLT reserves the right to terminate or modify the Service, or any part of the Service, with or without prior notice to you. We may make reasonable efforts to provide notice of such termination or modification, but shall not be required to do so under these Terms of Use.

 
 
 

3. Liability

3.1 No part of the provision of the Service shall be deemed to be, nor is it intended to be, nor should it be taken to be, as the provision of an accredited learning course.
3.2 Although Lucy Walker Jewellery PLT aims to provide the Service to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the Service and any reliance by you on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of these Terms of Use.
3.3 Except to the extent that they are expressly set out in these Terms of Use, no conditions, warranties or other terms shall apply to the Service. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
3.4 Lucy Walker Jewellery PLT disclaims and excludes all liabilities from your usage of the Service and shall not be liable for special, indirect or consequential damages including loss of profits, revenue, business and anticipated savings for any service interrupted which was caused beyond our control.
3.5 Where liability may not be excluded, Lucy Walker Jewellery PLT’s aggregate liability arising from or in connection with these Terms of Use and in relation to anything which we may have done or not done in connection with these Terms of Use and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to a total of six (6) months’ worth of fees (as described in Clause 2.1 above) received by us in connection with the relevant Service in relation to which a dispute has arisen. Your sole and exclusive remedy to any cause of action arising out of Lucy Walker Jewellery PLT’s breach of these Terms of Use shall be limited to a refund of the actual fees paid or six (6) months’ worth of fees paid for the Service, whichever shall be lower.

 
 

4. HEALTH AND SAFETY DISCLAIMER

4.1 THE SERVICE MAY INVOLVE THE PROVISION OF INSTRUCTIONS INVOLVING HIGH-RISK ACTIVITIES INCLUDING BUT NOT LIMITED TO THE USAGE OF SHARP, BLUNT AND MOTORISED TOOLS, FIRE, AND CHEMICALS WHICH MAY HAVE THE POTENTIAL FOR SAFETY ISSUES. ALL ACTIVIES PRESENTED AS PART OF THE SERVICE SHOULD BE ATTEMPTED WITH CAUTION AND GOOD COMMON SENSE JUDGEMENT AND WHEREVER APPLICABLE, IN CONSULTATION WITH YOUR LOCAL FIRE AND SAFETY AUTHORITY. WHILE LUCY WALKER JEWELLERY PLT ENDEAVOURS TO PROVIDE BEST SAFETY PRACTICES IN THE SERVICE, LUCY WALKER JEWELLERY PLT SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR PERSONAL INJURY ARISING OUT OF YOUR USE OF THE SERVICE.

 

5. Our Intellectual Property

5.1 All Intellectual Property Rights in the Service are, and remain, the intellectual property of Lucy Walker Jewellery PLT or its licensors, whether adapted, written for or customised for you or not.
5.2 You are not authorised to :-
(a) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any part of the Service without prior written permission;
(b) record on video or audio tape, relay by videophone or other means the Service;
(c) use the Service in the provision of any other course or training, whether given by us or any third party trainer;
(d) remove any copyright, trademark or other proprietary notice of Lucy Walker Jewellery PLT on the Service;
(e) modify, adapt, merge, translate, disassemble, decompile, reproduce, distribute or extract any part of the Service; and
(f) sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Service or their contents, to any other person or entity.
5.3 Breach by you of this Clause 5 shall allow us to immediately terminate these Terms of Use with you and cease to provide the Service to you, whether in the present or future.
5.4 In consideration of the fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Service solely for personal use, during the validity of your subscription as set out in Clause 2.2 above.
5.5 For the purposes of this Clause 5, “Intellectual Property Rights” shall mean copyright, information provided by Lucy Walker Jewellery PLT in written, graphic, recorded, machine readable or other form concerning the Service (including discount codes), patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to the Service in general and other intellectual property rights of Lucy Walker Jewellery PLT (registered or unregistered) throughout the world.

6. Your Intellectual Property and Media Rights

6.1 All intellectual property to the material you submit to Lucy Walker Jewellery PLT as part of the Service shall remain with you.
6.2 However, by submitting or posting material on the Site, you hereby grant to Lucy Walker Jewellery PLT a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
6.3 By subscribing to the Service, you consent to your name, words, voice, image and likeness being used by Lucy Walker Jewellery PLT for promotional, business development, and marketing purposes, without compensation to you. We may make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.

7. Assignment

7.1 These Terms of Use are personal to you and cannot be transferred or assigned to any other person.
7.2 We shall be entitled to assign these terms and conditions to any other entity without prior notice to you.

8. Entire Agreement

8.1 These Terms of Use are the entire agreement between the User and Lucy Walker Jewellery PLT and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.

9. Force Majeure

9.1 Lucy Walker Jewellery PLT shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, downtime of the Site’s host or server, fires, floods, earthquakes, volcanoes and other acts of god, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, or government regulation.

10. Data Protection

10.1 The nature of the Service provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By subscribing to the Service, you agree to this Use.
10.2 When you subscribe you will need to provide certain Data such as your contact details, address and demographic information. We will store this Data and use it to contact you, provide you with details of the Service you have subscribed to and otherwise as required during the normal provision of the Service.
10.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles market research and to provide you with communications.
10.4 We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant Online Classes. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Site.
10.5 This Site may link to third party websites and we are not responsible for their data policies or procedures or their content.
10.6 Lucy Walker Jewellery PLT endeavours to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
10.7 Your rights and our obligations are further set out in our Privacy Policy available at https://lucywalkerjewellery.com/privacy-policy, which you expressly accept by your use of the Service.
10.8 If you wish to change or update the data we hold about you, please e-mail shaun@lucywalkerjewellery.com.

11. Governing Law and Jurisdiction

11.1 This Terms of Use is subject to the laws of Malaysia and the parties hereto submit to the exclusive jurisdiction of the courts of Malaysia in connection with any dispute hereunder.

12. Severability

12.1 If any provision in this Terms of Use shall for any reason be held to be unenforceable, illegal or invalid in any respect, such unenforceability, illegality or invalidity shall not affect other provisions of this Terms of Use and this Terms of Use shall then be construed as if such unenforceable, illegal or invalid provision had never been contained herein.

13. Headings

13.1 Headings used in this Terms of Use are for convenience only and do not affect the construction or interpretation of this Terms of Use.

14. Notices

14.1 You can contact us by emailing us at shaun@lucywalkerjewellery.com.

15. Effective Date and Updates

15.1 The Terms are effective as of 1 April 2021 and are subject to change without notice by Lucy Walker Jewellery PLT at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.