Effective: November 1st, 2019.

Thank you for visiting Patsy Fraser

Patsy Fraser’s products and services are provided by Patsy Fraser, an artist who asserts her intellectual rights to the artwork presented on the web pages of https://patsyfraser.com. These Terms of Use (“Terms”) govern your use of the website and products and services. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

Using Patsy Fraser

Who May Use our Services

You may use our Services only if you can form a binding contract with Patsy Fraser, and only in compliance with these Terms and all applicable laws. When you create your Patsy Fraser account, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.

Our License to You

Subject to these Terms and our policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable membership. You may browse the site and make purchases for your personal, non-commercial use, unless you obtain Patsy Fraser’s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

Masterclasses, Online Courses

Course Modifications

Patsy Fraser offers courses both online and offline. While we take pride in our courses, unexpected events do occur. We reserve the right to cancel, interrupt, or reschedule any course or to modify any course content or the point value or weight of any assignment, quiz, or other assessment. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.

No Academic Credit

Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of a course does not confer any academic credit. Even if credit is awarded, there is no presumption that academic and business institutions will accept that credit. You agree not to accept credit for completing a course unless you have earned a Course Certificate for that course. Patsy Fraser and any associated participating institutions have no obligation to have a course recognised by any educational institution or accreditation organisation.

Disclaimer of Student-University Relationship

Nothing in these Terms or otherwise with respect to your participation in any course: (a) establishes any relationship between you and any educational or business institution with which Patsy Fraser may be affiliated; (b) enrols or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the course.

Your Content

User Content

The Services enable you to share your content, such as homework, quizzes, exams, projects, and other assignments you submit (“User Content”) with Patsy Fraser and/or other users. You retain all intellectual property rights in and are responsible for the User Content you share.

How Patsy Fraser and Others May Use User Content

To the extent that you provide User Content, you grant Patsy Fraser a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Patsy Fraser the right to authorise participating institutions to use User Content with their registered students and on-campus learners independent of the Services. Nothing in these Terms shall restrict other legal rights Patsy Fraser may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Patsy Fraser does not waive any rights to use similar or related Feedback previously known to Patsy Fraser or obtained from other sources.

Security

We care about the security of our users. While we work to protect the security of your account and related information, Patsy Fraser cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account by emailing patsy@patsyfraser.com.

Third Party Content

Through the Services, you will have the ability to buy content, access and/or use content provided by Patsy Fraser and links to websites and services maintained by third parties. Patsy Fraser cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Patsy Fraser disclaims any responsibility or liability related to your access or use of such third party content.

Copyright

Patsy Fraser respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services.

Paid Services

Patsy Fraser offers Artwork for sale and paid Services (e.g. original artwork, prints ad other merchandise such as cards Course Certificates for certain courses) for a fee. Unless otherwise stated, all fees are quoted in GBP. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Patsy Fraser reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Guts Academy may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. Neither Patsy Fraser nor other business partners, and their employees, contractors, and other agents (the “Patsy Fraser Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.

Disclaimers

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE PATSY FRASER PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE PATSY FRASER PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PATSY FRASER PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE PATSY FRASER PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL PATSY FRASER’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY POUNDS (GBP20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY GUTS ACADEMY FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE PATST FRASER PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO PATSY FRASER’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify, defend, and hold harmless the Patsy Fraser Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction

The Services are managed by Patsy Fraser, who is located in the United Kingdom. You agree that any dispute related to these Terms will be governed by the laws of the United Kingdom, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the courts located in the United Kingdom as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand GBP (GBP10,000.00), either you or Patsy Fraser may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and Patsy Fraser. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

General Terms

Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability; Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Acceptable Use Policy

Effective: November 1st, 2019

Patsy Fraser’s mission is to provide access to self-access online and live education via Workshops, Seminars, and Courses. We believe strongly in preserving free speech and expression for our learners as well as academic freedom for our partner institutions and instructors. We also want to make sure that all of our learners and instructors feel safe and comfortable while using our Services. We have drafted these guidelines to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.

Although we do not routinely screen or monitor content provided by users, we may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user’s access to all or part of the Services.

You are prohibited from using our Services to share content that:

Contains illegal content or promotes illegal activities with the intent to commit such activities.
Contains credible threats or organises acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organises or encourages harm.
Harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
Otherwise violates the Patsy Fraser Terms of Use. Please note that specific courses may have additional rules and requirements.

You also aren’t allowed to:

Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
Share your password, let anyone access your account, or do anything that might put your account at risk.
Attempt to access any other user’s account.
Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorised to do so.
Access, tamper with, or use non-public areas of our systems, unless specifically authorised to do so.
Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorised to do so.
Try to reverse engineer any portion of our Services.
Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
Use our Services to distribute malware.
Impersonate or misrepresent your affiliation with any person or entity.
Encourage or help anyone do any of the things on this list.

Copyright Policy

Effective: November 1st, 2019.

Patsy Fraser respects the intellectual property rights of our partner institutions, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

Refund Policy

Effective: November 1st, 2019.

For details on our refund deadlines and policies, please refer to the information below; note that our policies differ for license agreements, subscription payments vs. one-time course and Specialisation purchases, and that payment options may vary from one Service to another. Please also note that we treat violations of our Terms of Use and Honour Code very seriously, and we have no obligation to offer refunds to learners who are found to be in violation of these terms, even if their requests are made within the designated refund period. Similarly, we have no obligation to offer late refunds to learners who do not pass a course or Specialisation, or who are otherwise unsatisfied with their final grade.For more information about our refund process, including instructions for requesting a refund, please contact Patsy Fraser at patsy@patsyfraser.com

Course by Course Purchases

If you cancel your paid enrolment for a course, Patsy Fraser will offer you a complete refund until 14 days after payment, or until you have earned your Course Certificate, whichever is earlier. If you pre-enrol and pay for a course, Patsy Fraser will offer you a complete refund until 14 days after the course launches or until you have earned your Course Certificate, whichever is earlier. For the avoidance of doubt, once you have earned a Course Certificate with your payment, you are not eligible for a refund even if it is within 14 days. If you do not earn your Course Certificate within 180 days, your registration will expire and you will need to pay to re-enrol for the course. However, if you’re taking a course through your school, company or organisation (e.g. Patsy Fraser for Schools, Business or Government) then you can earn your certificate as long as your company’s contract with Patsy Fraser is active and your access has not expired in accordance with the terms of that contract. Similarly, refunds and cancellations will also be governed by the terms of that contract between your organisation and Patsy Fraser.

If you cancel your one-time, paid enrolment for a course, Patsy Fraser will offer you a complete refund until 14 days after payment, or until you earn a Course Certificate for any course in the Specialisation, whichever is earlier. If you pre-enrol and pay for the course, Patsy Fraser will offer you a complete refund until 14 days after the first lesson of the course launches or until you have earned your first Course Certificate, whichever is earlier. If you earned your first Course Certificate within 14 days, you are not eligible for a refund. Unless otherwise indicated as part of the sign-up process, you have one year after you purchase a course to complete.

Notwithstanding the foregoing, shorter refund periods may apply to specific courses. In these cases, the shorter period will be stated as part of the sign-up process for the course.

Other Paid Services

Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, Patsy Fraser has no obligation to provide refunds or vouchers for any other Services.

Honor Code

Effective as of November 1st, 2019

All students participating in the class must agree to abide by the following code of conduct:

I will register for only one account.
My answers to homework, quizzes, exams, projects, and other assignments will be my own work (except for assignments that explicitly permit collaboration).
I will not make solutions to homework, quizzes, exams, projects, and other assignments available to anyone else (except to the extent an assignment explicitly permits sharing solutions). This includes both solutions written by me, as well as any solutions provided by the course staff or others.
I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.