Definitions

In these Conditions the following expressions shall have the following meanings:

• “Course materials” means the information provided by Luca Creative Agency to accompany a course provided as part of the Services in hard copy or electronic form.

• “Fees” means the fees paid by the participant to Luca Creative Agency

• “The company” means Luca Creative Agency.

• “The client” or “participant” or “course participant” means the person, company or other legal entity identified as providing a request to Luca Creative Agency to supply Services.

• “Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as specified on Luca’s website

• “Taught course”  or "In-person course" means a course taught by us in a classroom setting to which you attend in person.

• “Website” means www.lucacreative.com 

 

The Services

• A description of the Services together with the dates on which the Services will begin are available on our Website.  We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.

• We reserve the right to vary or withdraw any of the Services described on the Website without notice.

• We expect you to confirm that the Services you are purchasing will meet your needs.  We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.

 

Fees

• The Fees for the Services shall be as set out on the Website or communicated to you via email or telephone from Luca Creative Agency at the time you placed an order for them.

• Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes

• Courses can either be paid in a once-off instalment at the time of the booking, or by multiple payments with a deposit of R1500 (to secure your place) and the rest in instalments payable by 14 days before the course. Please note that should you not complete the final payment by the specified date, you forfeit your position in the course and the deposit is non-refundable. 

• For bookings qualifying for an early bird discount, student discount, discount for two or more delegates from the same company or otherwise, payment of the full workshop fee will be taken at the time of booking. 

 

Liability

• Although Luca Creative Agency aims to provide the Services 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 programmes or Course Materials and any reliance by Client 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 this Agreement. To the best knowledge of Luca Creative Agency, the course presenters are suitably qualified and accredited to deliver the training courses offered. The contents of course schedules are intended for general guidance only and do not form any part of a contract.  

• Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.  No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

• Luca Creative Agency’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions 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 the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.

• No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

 

Intellectual Property

• All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by course presenters at the Taught Courses are, and remain, the intellectual property of Luca Creative Agency or its licensors, whether adapted, written for or customised for the Client or not.

• You are not authorised to:
  (i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
  (ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given
  (iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
  (iv) remove any copyright or other notice of Luca Creative Agency on the Course Materials;
  (v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

• Breach by you of this clause shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

• In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials for the sole purpose of completing the Online Course and / or attending the Taught Course.

 

Confidentiality

• Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.

• Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

• This clause shall continue notwithstanding termination of these terms and conditions.

 

Termination

We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

• fail to pay when due your Fees;

• act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Luca Creative Agency, any teacher or lecturer who provides the Taught Courses or any student who attends any Taught Course;

• steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Taught Courses;

• intentionally or recklessly damage our property or the property of our employees or other students attending the course;

• commit any criminal offence committed where the victim is our employee or student;

• are in breach of these terms and conditions.

 

Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

 

Cancellations by Course Participant

Cancellations 20 days or more in advance of the first session of the course will receive a refund of 50%. Unfortunately we cannot offer refunds for cancellations within 20 days.

 

Cancellation or rescheduling of the course

All courses are presented to groups of a minimum number of participants as are stated in the description of the course on Luca’s website. Luca Creative Agency is entitled to cancel or reschedule the course if the minimum number of participants is not reached. 

 

Entire Agreement

These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties 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.  Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

 

Force Majeure

Luca Creative Agency 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, 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, Government edict or regulation.

 

Law and Jurisdiction

This Agreement is subject to English law and the parties submit to the exclusive jurisdiction the South African Magistrate in connection with any dispute hereunder.