Terms of Use

Last updated on 04/06/24

TERMS AND CONDITIONS

Welcome to our 3D Character Creation Course! We are Sefki Ibrahim 3D Ltd, a company registered in England and Wales with Company Number 15625975 and registered office Flat 716 2 Old Mount Street, Manchester, Lancashire, United Kingdom, M4 4GQ (Sefki Ibrahim).

These terms apply when you sign up for any of our online courses through our website, being https://www.sefkiibrahim.com/ and any other websites we operate with the same domain name and a different extension (Website).

YOUR KEY INFORMATION

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after ordering services online, in some cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 (applicable in the United Kingdom) requires that all our services are as described, fit for purpose and of satisfactory quality and so nothing in these terms affects statutory rights.

During the expected lifespan of your Product, if this Act applies to you, you’re entitled to the following:

up to 30 days: if your goods are faulty, you can get a refund;
up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

This is a summary of some of your key rights in the United Kingdom. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.

The information above summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

If you have any questions about this contract or any orders you have placed, please contact us by sending an email to: [email protected].

READING THESE TERMS

In these terms, we also refer to Sefki Ibrahim as “our”, “we”, or “us”. And you are you!
To make it easier for you to understand the terms on which we provide, and you use, the Online Course, we’ve tried to keep this agreement (terms) as simple as possible by using plain English.
When we say “Online Course” in these terms, we mean our 3D character creation courses and any of the services provided during the Online Course, including access to our video content and associated materials (Services).
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

ACCEPTING THESE TERMS AND CONDITIONS

Before you enrol for our Online Course, or otherwise engage with the Online Course, please carefully read these terms. If you don’t agree to these terms, please don’t enrol in the Online Course. By clicking “accept” when you create an account, or otherwise proceed to engage with the Online Course, you agree to be bound by these terms.

Enrolling for the Online Course
1. you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and
2. you are authorised to use the debit or credit card you provide for your Course Enrolment.

To enrol into one of our Online Courses, you will need to create an account (Account) and pay the Fees (as defined in clause 6(a)(i)).
By creating an Account, enrolling in an Online Course and paying the Fees or otherwise accessing the Online Course (Course Enrolment) you represent and warrant that:
Enrolling in an Online Course constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Online Course you have ordered in exchange for your payment of the total Fees listed upon checkout.
These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Course Enrolment has been accepted.
If you enrol in the Online Course on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so.
If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and accessing our Online Course or using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so, and you must only use our Services under a Studio License as set out in clause 5(d).

OUR COURSES

Our Online Courses are designed to teach you about how to create 3D characters and may have particular topics or themes.
We will endeavour to ensure that the Online Courses provided will be substantially the same as the Online Course as described on our Website which you have enrolled in.
Once we have received payment of the Fees you will be granted access to the Online Course. The Online Course is provided in a pre-recorded video format, to be viewed online through your Account and not downloaded, reproduced or republished by you in any way.
You are responsible for managing your Account and ensuring that you only access and engage with the Online Course in an appropriate manner.

Your account and licence

Your Account will be valid from the date of your Course Enrolment until these Terms are terminated (Course Term).
You are granted a limited licence to use the Online Course for your own personal, non-commercial purposes during the Course Term.
You must not give access to your Account to any other person.
Unless otherwise agreed, you must only create and Account and enrol in the Online Course for yourself and not for any business or institution. If you are a business or institution and would like to purchase licenses for multiple artists, you will need a Studio License – please contact [email protected] for rates.
We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Online Course to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Online Courses, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.

CANCELLATIONS
1. Consumers have the right to cancel services (such as your Courses Enrolment) booked online within 14 days, provided the services have not yet been provided.
2. You may cancel your Course Enrolment in an Online Course within 14 days of enrolling (Cooling-Off Period) and we will provide a full-refund of all Fees paid for the Online Course.
3. This does not affect the rights you have if our services are faulty. A summary of these rights is provided at the top of this page.
1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The services that we provide to you must be carried out with reasonable care and skill.
2. We are under a legal duty to supply you with services that are in conformity with this contract.
3. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
4. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
5. If the services we have provided to you are faulty, please contact us using the contact details at the top of this page.

Your Right to Cancel
Nature of the SERVICES & Faulty services

PAYMENT
1. as displayed and accepted by you at the time of checkout (Fees);
2. in US Dollars; and
3. subject to change without notice prior to your Course Enrolment.
1. Stripe’s consumer terms: https://stripe.com/gb/legal/consumer.

All Fees are:
(Payment obligations) subject to clause 7(c), you must pay the Fees in advance.
If you fail to pay any part of the Fees at the time for payment, including if there is insufficient funds in your nominated account to deduct the Fees, or if you request a charge back of any part of the Fees, we reserve the right to cancel your Account and Course Enrolment.
(VAT) Unless otherwise indicated, amounts stated on the Website exclude VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us providing a tax invoice to you.
(Online payment partner) We use third-party payment providers, currently Stripe(Payment Providers) to collect payments for the Online Course. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible:

and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Course Enrolment, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Online Course at the correct Fees or cancelling your Course Enrolment. If you choose to cancel your Course Enrolment and the Fees have already been debited, the full amount will be credited back to your original method of payment.

VOUCHERS and Discount Codes

We may provide promotional offers and codes offering a discount on the Online Course (Voucher). To use a Voucher, you will need to enter its code at checkout.
A Voucher may not be applied retrospectively. Vouchers are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply and these will be set out on the Voucher.

DISCLAIMER

While Online Courses have been prepared with every effort to help you create 3D characters, the information provided in our Online Course is general in nature which is only designed to teach you about how you could create 3D characters – you will need to put in time and effort to develop your technique and practice the skills taugh in the Online Course to achieve similar results.
Our Online Courses do not take into account your personal circumstances or specific goals. All information provided as part of our Online Courses are not intended to be professional advice of any kind and should not be relied on as such.
Many factors will be important in determining whether you achieve any actual results in relation to creating 3D characters to the same level and standard as set out on our Website and there is no guarantee that you will be able to achieve any particular goals (whether communicated to us or not) within any timeframe or at all. Our Online Course does not include any supply or delivery of products or services for creating 3D characters including without limitation the equipment and software required to do so.
You should obtain appropriate financial, legal and other professional advice before relying on the information provided during our Online Course.
We make no representation or guarantee that our Online Course will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Online Course you will achieve any particular outcomes. We are not responsible for any of your actions, decisions or choices. Any methods and techniques implemented by you in relation to your 3D character creation or otherwise are done so at your own risk.

COLLECTION NOTICE AND PRIVACY

We may collect personal information about you in the course of providing you with our Online Course, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.

INTELLECTUAL PROPERTY
1. Intellectual Property Rights in the Online Course and our Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.
2. You will not under these terms acquire Intellectual Property Rights in any of Our IP.
1. For the purposes of this clause 10:

OUR IP
DEFINITIONS

PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA

Subject to your agreement of non-disparagement of us and the Online Course, you may publish general information about what you have learnt from the Online Course, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in the Online Course. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.

DATA SECURITY

While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Online Course will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES
1. To provide you with the Online Course, we may use goods or services provided third parties (including third party platforms) who have their own terms and conditions and policies (Third Party Terms).
2. The following Third Party Terms will apply:
3. Provided we have notified you or given you a copy of the Third Party Terms, you agree to the Third Party Terms that apply to your use of the Online Course.
4. To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms, including in relation to any fault or error of the Online Course or any issues experienced in Course Enrolment.
5. You have the right to reject any Third Party Terms but if you do, we cannot provide you with the Online Course and you will need to cancel in accordance with this agreement.
1. The Online Course may contain text, images, data and other content provided by a third party and displayed in the information provided through the Online Course (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
1. The Online Course may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
2. Inclusion of any linked website on the Online Course does not imply our approval or endorsement of the linked website.

THIRD PARTY GOODS AND SERVICES
THIRD PARTY CONTENT
LINKS TO OTHER WEBSITES

SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Online Course. You should take your own precautions to ensure that the process that you employ for accessing the Online Course does not expose you to risk of viruses, malicious computer code or other forms of interference.

REPORTING MISUSE

If you become aware of misuse of the Online Course by any person, any errors in the material in the Online Course or any difficulty in accessing or using the Online Course, please contact us immediately using the contact details or form provided on our Website.

SERVICE LIMITATIONS

While we will use our best endeavours to ensure the Online Course is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:

the Online Course may have errors or defects;
the Online Course may not be accessible at times;
messages sent through the Online Course may not be delivered promptly, or delivered at all;
information you receive or supply through the Online Course may not be secure or confidential; or
any information provided through the Online Course may not be accurate or true.

NOTICES
1. in writing and in English; and
2. delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
2. when replied to by the other party,

A notice or other communication to a party under these terms must be:
Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:

whichever is earlier.

LIABILITY

liability
1. breach of any of these Terms; or
2. use of the Website, the Online Course or any other goods or services provided by us.

Nothing in these Terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to Example Company, the Website, the Online Course, these Terms or any other goods or services provided by us to the value of the Fees (if any) paid to Example Company. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.
All express or implied representations and warranties in relation to Example Company, the Website, the Online Course, these Terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
(Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with Example Company, the Website or the Solution, these Terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under applicable law.
To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

DISPUTE RESOLUTION

A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

TERMINATION

TERMINATION FOR CONVENIENCE

Either party may terminate this agreement for convenience by providing 10 Business Days’ notice to the other party.

TERMINATION FOR BREACH
1. a party considers the other party is in breach of this agreement and notifies that other party;
2. the other party is given 10 Business Days to rectify the breach; and
3. the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.

Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.
A “Breach” of this agreement means:

EFFECT OF TERMINATION

Upon termination of this agreement:

your Account will be terminated and you will no longer have access to the Online Course;
each party must return all property and Confidential Information to the other party;
each party must comply with all obligations that are by their nature intended to survive the end of this agreement, including without limitation clauses 10 and 20; and
each party must stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated.

GENERAL
1. These Terms are governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

GOVERNING LAW AND JURISDICTION
THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

ENTIRE AGREEMENT

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

TERMS AND CONDITIONS

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