LEGAL AGREEMENT – by purchasing a Membership to the Drama Teachers' Member Site, you are agreeing to these terms and conditions.
Playwright Boost Terms and Conditions
1.1 These Playwright Boost Terms and Conditions apply to the Programs conducted by ABA (Playwright Boost #1, Playwright Boost #2 and Playwright Boost #3) and to the provision of any materials associated with the Program by ABA to you.
1.2 In order to enter into this agreement, you must be over the age of 18 or have your parent/guardian enter into the agreement for you.
1.3 ABA may amend or vary these terms and conditions from time to time. You will be bound by the terms and conditions that were in force at the time you registered to participate in the Program.
2. Definitions and Interpretation
2.1 In this agreement, the following definitions apply, except where the context otherwise requires:
Business Day means a day that is not a Saturday, a Sunday, or a public holiday in the principal place of business of a party.
Intellectual Property Rights means any and all intellectual and commercial property rights throughout the world including, without limitation, copyright, the Trade Marks and any other trade marks whether registered or unregistered, designs, patents, the right to keep confidential information confidential, know-how and trade secrets, whether or not now existing and whether or not registered or registrable and includes applications for and any right to apply for registration of such rights and includes all renewals and extensions.
Organisations means educational institutions, organisations, businesses and other entities that enter into this agreement so that their employees can participate in the Program and have access to the Program Materials.
Program Materials means any materials, in whatever format including written and video, provided by ABA to you to as part of or in connection with your participation in the Program and which you will either access online and download or which will be emailed to you.
Trade Marks means all of ABA’s registered and unregistered trade marks including “Playwright Boost” and “Arts Business Academy” (logo).
2.2 The following rules of interpretation apply unless the context requires otherwise:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and conversely;
(c) a reference to a person includes a body corporate, an unincorporated body or other entity;
(d) where examples of a thing or set of things are given by reference to the word “including”, the meaning of references to the thing or set of things is not to be limited by reference to the examples.
3. Intellectual Property Rights
3.1 ABA is the owner of the Intellectual Property Rights in the Program Materials and Trade Marks and all other materials related to or connected with the Program.
3.2 Unless ABA has given its express permission for you to do so, you must not:
(a) use any of the Program Materials other than for participating in the training offered by the Program and for increasing your playwriting skills;
(b) for Organisations, allowing your employees to participate in the training offered by the Program and for increasing their playwriting skills;
(c) copy, reproduce or distribute the Program Materials in whole or in part;
(d) train, employ or otherwise engage anyone else to deliver all or any part of the Program you have purchased or in which you participate;
(e) do anything that would adversely affect ABA’s image and reputation in the Trade Marks or the programs it delivers; or
(f) alter, obliterate or in any way tamper with the Trade Marks as they appear on the Materials;
(g) permit or assist anyone to do any of the conduct referred to above.
3.3 For the purposes of clause 3.1, ABA gives you a non-exclusive, non-transferrable licence to use the Program Materials and the Trade Marks for your own personal use only or in the case of Organisations, for the use of your employees.
3.4 If you are an Organisation, it is your responsibility to ensure that any employee who has access to the Program Materials or who participates in the Program does not do anything that would be a breach of your obligations to ABA under this agreement.
4. What you can expect from ABA
4.1 The Program Materials will be delivered to you in accordance with the schedule in the Summary.
4.2 The success of Program participants depends on many factors, including their creative ability, dedication, participation, desire and motivation. ABA cannot give any guarantees about the results you will achieve and ABA is not responsible if your expectations are not met.
4.3 ABA will use its best efforts to make sure that the Program Materials are available online, however, ABA has no control over any downtime or unavailability of ABA’s website or the Internet generally.
4.4 If ABA is unable to provide the Program Materials at any time, it will deliver them as soon as possible after the scheduled date. If you are unable to access the Program Materials online due to the unavailability of ABA’s website or the Internet generally, you can email ABA at email@example.com to request that a copy of the Program Materials and ABA will deliver them to you as soon as possible after receiving your request. ABA will not be liable for any damage you may suffer as a result of the delay.
5. Fees and payment
5.1 The Program Fee must be paid in accordance with the Payment Terms.
5.2 Where the Program Fee is payable over a period of time:
(a) it must be paid by direct debit and you must ensure that there are sufficient funds in the account for the Program Fee to be paid;
(b) you must not cancel the direct debit before the entire Program Fee is paid;
(c) if you stop paying the Program Fee, your ability to access or participate in the Program may be terminated or suspended until all outstanding amounts are paid.
5.3 Invoices for your Program are generated automatically and can be requested at any time by emailing firstname.lastname@example.org.
5.4 No part of the Program Fee is refundable unless otherwise agreed or as required by law.
6.1 Before being able to log in to the member portal on the ABA website, you will have to register your details. You must provide accurate, complete and up-to-date information, as requested, and it is your responsibility to inform ABA of any changes to your details. ABA may at any time request a form of identification to verify your identity.
6.2 For individuals: It is your responsibility to keep your log in details, including access details to the member portal, secure. You agree:
(a) that you are solely responsible for the security and confidentiality of any password that you generate from time to time (Password);
(b) not to disclose (or cause disclosure through any act or omission) your Password to any other person;
(c) that you will not let any other person participate in the Program without ABA’s prior written permission;
(d) that you will immediately notify us if your Password is lost or becomes known to any other person or if someone has used your Password to gain access to the Program Materials or password protected areas of the ABA website; and
6.3 For Organisations: It is your responsibility to keep log in details, including access details to the member portal, secure. Where ABA has given you permission to share your log in details with your employees, you agree to make sure that the employees agree:
(a) that they are responsible for the security and confidentiality of any Password;
(b) that they do not disclose (or cause disclosure through any act or omission) their Password to any other person;
(c) that they will not let any person except for employees participate in the Program, or have access to Program Materials;
(d) that they will immediately notify ABA if their Password is lost or becomes known to any other person or if someone has used your Password to gain access to the Program Materials or password protected areas of the ABA website.
7.1 This agreement commences when you agree to the terms and conditions and will continue until your participation in the Program has ended or this agreement is terminated in accordance with clauses 7.2 or 7.3.
7.2 Either party may terminate this agreement immediately by written notice to the other party:
(a) if that other party breaches a material term of this agreement and fails to remedy the breach within 14 business days after being given notice of the breach;
(b) if that other party breaches a material term of this agreement which is not capable of remedy; or
(c) the other party cannot pay its debts when they fall due or has entered into any form of insolvency, liquidation or external administration, whether voluntary or involuntary, formal or otherwise.
7.3 Expiry or termination of this agreement for any reason does not affect any rights of the parties accrued prior to termination or the provisions of any clause which by inference is intended to survive expiration or termination of this agreement including but not limited to clauses 3, 6 and 8.
8.1 To the maximum extent permitted by law, all guarantees, warranties, representations or conditions that by law may be excluded and which are not expressly stated in this agreement, are excluded.
8.2 To the maximum extent permitted by law, ABA is not liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, arising out of or in connection with the Program, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise and whether or not ABA was aware that such loss or damage may occur.
8.3 ABA’s liability will be capped at the Program Fee paid in respect of which Program a claim or other liability has arisen.
9.1 A notice given under this agreement must be in writing and sent to the recipient at the address specified at the beginning of this agreement. A notice is deemed to be received:
(a) if sent by hand, when delivered to the addressee;
(b) if by post, 5 Business Days from and including the date of postage, on delivery to the addressee; or
(c) if by email, on receipt by the sender of read receipt;
but if the delivery or receipt is on a day which is not a Business Day or is after 5:00pm (addressee’s time) it is deemed to be received at 9:00am on the following Business Day.
10.1 This agreement is governed by the laws of New South Wales and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.
10.2 If part or all of any of this agreement is illegal or unenforceable it will be severed from this agreement and will not affect the continued operation of the remaining provisions of this agreement.
10.3 You may not assign or sublicense any of your rights under this agreement.
10.4 This agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.
10.5 This agreement contains the entire agreement of the parties with respect to its subject matter.