Website and Programme Participation Terms

www.timberlake.academy (the "Website") is operated by Timberlake Consultants Limited, a company registered in England and Wales under company number 03225632 whose registered office is at The Loft, 2C Blake Mews, Kew Gardens, Richmond upon Thames TW9 3GA ("Timberlake", "we", "us" or "our"). Our VAT registration number is GB 681524333.

The MSc in Applied Econometrics and Data Science and Econometrics (the "Programmes") are co-developed by us and Lancaster University (the "University") under a collaboration framework agreement between us. We lead the design, development and delivery of the Modules. The University validates the Programme, grants the awards, and retains final responsibility for all awards granted in its name.

Students are enrolled as students of the University, sign a contract with the University, pay their fees to the University, and are subject to the University’s Manual of Academic Regulations and Procedures ("MARP"). Your contract of enrolment is with the University and not with us.

These terms (the "Terms") are not a contract of enrolment and do not govern your enrolment. They govern (a) your use of the Website, including our online postgraduate application system, (b) your use of the Course Materials, (c) your participation in sessions delivered by us, and (d) your use of any software licence we make available in connection with a Module.

The following are governed by MARP and the University's own terms and procedures, and not by these Terms: admission and registration, fees and payment, cancellation, withdrawal, suspension of studies, deferral and transfer, refunds, assessment, moderation and external examining, progression, credit and award, academic appeals, student conduct and discipline, and student complaints.

Where there is any conflict or inconsistency between these Terms and MARP or the University's student terms, those of the University prevail.

Nothing in these Terms affects the collaboration framework agreement between us and the University, which governs the relationship between us and to which you are not a party. These Terms do not make us your degree-awarding body, and we do not act as the University's agent.

We may amend these Terms from time to time. The version published on the Website at the time you access it applies to that use. Where a change is material we will give notice on the Website.

Where we agree in future to supply training outside the Programme, that supply will be on separate written terms and not on these Terms.

In these Terms the following definitions apply. "Course Materials" means the slides, notes, workbooks, datasets, exercises, code, recordings, assessments and other materials made available to Students in connection with a Module, in any format. "MARP" means the University’s Manual of Academic Regulations and Procedures, as amended from time to time, which governs its academic provision including programmes delivered on a collaborative basis with partner organisations. "Module" means a self-contained module of learning available within the Programme. "Programme" means the MSc in Applied Econometrics, and any award or exit award available within it, being a programme leading to a University award. "Student" means an individual enrolled with the University on the Programme or on a Module, and "you" and "your" are construed accordingly. "Services" means the Course Materials, the sessions we deliver, and the associated support we provide under our agreement with the University. "Trade Marks" means the names, marks and logos owned by or registered in the name of Timberlake or its group companies from time to time, and those of our software partners. "University" means Lancaster University, with which we have entered into a collaboration framework agreement and with which Students enrol. "VLE" means the University’s Moodle virtual learning environment, through which the Programme is delivered. "Website" means www.timberlake.academy and any other website we designate, including our online postgraduate application system. "working day" means a day other than a Saturday, Sunday or English public holiday.

Clause headings are for convenience only and do not affect interpretation. References to writing include email. Words in the singular include the plural and vice versa.

By using the Website or our application system, by accessing the Course Materials, or by participating in a session delivered by us, you accept these Terms.

If you do not accept these Terms you must not use the Website, our application system or the Course Materials.

These Terms apply in addition to, and not instead of, MARP and your contract with the University. Accepting these Terms does not vary, replace or limit any right you have as a registered student of the University.

Applications to the Programme are made through our online postgraduate application system. We carry out the initial selection of applicants against the academic and professional experience criteria agreed between us and the University. Applicants meeting those criteria are approved by the University, and borderline applications are assessed jointly by us and the University.

An application is not an offer of a place. Admission is subject to approval by the University, and the offer and registration process is the University's.

Once registered, the University invoices you for the tuition fees for each Module before or at enrolment on that Module. You will not be able to access the VLE or begin a Module until the corresponding invoice has been paid.

Advertised fees are inclusive of VAT where applicable. Fees may be increased no more than once a year to reflect changes in the cost of delivery. Any increase is published in January and applies only to Modules enrolled upon after the date of the increase.

Where a Module is taken without the corresponding assessment, the fee is lower than for the assessed version of that Module. A Student who wishes to take a single Module must enrol on the Postgraduate Certificate of Achievement, and may exit after completing that Module. A single 10 credit Module does not lead to a Certificate.

We do not collect, hold or refund fees, and we have no authority to vary a fee, grant a discount, accept a cancellation or withdrawal, agree a deferral or transfer, or authorise a refund. Any such request must be made to the University under MARP, and raising it with us does not stop time running or preserve any right under MARP.

Your rights to cancel, including any statutory right of cancellation available to you as a consumer, arise under your contract with the University.

Some Modules carry prerequisites, which are published with the Module. It is your responsibility to satisfy yourself that a Module is suitable for you. Decisions on admission and eligibility are taken as set out in clause 4.

The Programme is delivered through the University's Moodle virtual learning environment, with live sessions delivered by Zoom or a similar platform. Access to the VLE is provided by the University under its own terms of use, and access credentials are issued to you by the University.

You are responsible for your own internet connection, hardware, operating system, supported browser, audio and, where required, camera. Minimum technical requirements are published with each Module. We are not liable where you cannot participate because those requirements are not met.

Access to the VLE, to live sessions and to the Course Materials is personal to you and non-transferable. Credentials and joining links must not be shared, forwarded or reused, and participation by more than one person from a single device, connection or login is not permitted. Where we reasonably believe this clause has been breached we may withdraw access under clause 15 and report the matter to the University.

The University provides electronic access to its library and information systems resources, wellbeing and counselling services, support for students with disabilities, College affiliation, graduation, alumni membership and Students' Union membership. Requests for reasonable adjustments should be raised with the University. We will implement adjustments agreed with the University so far as we reasonably can.

We provide the Course Materials, academic counselling in relation to the Modules, assistance in obtaining relevant documentation, and the support services needed by Students during the Programme.

Modules are delivered remotely using Zoom or similar tools. Where we and the University agree to deliver a Module or part of one in person, we will agree suitable timelines with you and the University, taking into account matters such as the availability of student visas.

Not all Modules are available in every academic term. A core Module requires a minimum of three Students enrolled to run, and an elective Module requires a minimum of five.

We may, at our discretion, defer the start of or withdraw an optional Module that has insufficient Students enrolled to be viable. Where a Module is withdrawn, we and the University will refund any fees paid by affected Students for that Module as soon as reasonably practicable, and we will work with the University to identify an alternative Module where you wish to take one.

We may make changes to a Module, including changes to content, structure, timings, teaching staff and delivery method, and changes reflecting developments in the underlying software or methods. Changes to assessment and examination arrangements are made only in accordance with MARP and with the prior approval of the University.

Teaching is delivered by our staff, who hold visiting or honorary status at the University. Neither we nor the University may authorise any other person to deliver all or part of a Module without the other's prior approval.

We record attendance, participation, progression and performance, and share that information with the University for academic, quality assurance and regulatory purposes, including the Annual Programme Review.

All aspects of the Programme are delivered in accordance with the University's published Equality Policies in force from time to time. The language of tuition and assessment is English.

We may record live sessions for quality assurance, for Student catch-up, and where the University requires a record for academic purposes. We will give notice before recording begins.

Where a session is recorded, you may choose not to appear on camera. Participation by microphone or chat may still be captured, and a Student who does not wish to be recorded at all should notify the tutor before the session starts.

Recordings are handled in accordance with clause 13 and are made available through the VLE on the basis agreed with the University.

You must not make any audio, video, photographic or screen recording of a session, in whole or in part, without our prior written consent.

Modules are delivered around third party statistical, econometric and forecasting software. Where we or the University supply temporary, evaluation or classroom licences for that software, they are provided subject to the licensor's own terms and are granted solely for the duration and purpose of the Module.

You must not retain, copy, share, extend or continue to use any temporary or evaluation licence after the Module has ended, and must remove any associated installation on request.

We are not the licensor of third party software and, except where we are the appointed distributor and have separately agreed otherwise in writing, we give no warranty in respect of it. Support for third party software is provided in accordance with the licensor's terms.

Where you use your own device or your own software licence, it is your responsibility to ensure a valid licence and a working installation are in place before a session starts.

You must not upload, input or otherwise introduce into the VLE or any shared training environment any personal data, confidential information or commercially sensitive data belonging to you, your employer or any third party. Exercises should use the datasets supplied or data that has been anonymised and cleared for this purpose.

The Course Materials comprise material owned by us or our licensors, material owned by the University or its licensors, and material developed jointly by us and the University, which is jointly owned. Nothing in these Terms transfers ownership of any intellectual property right to you.

We grant you, to the extent we are entitled to do so, a personal, non-exclusive, non-transferable, revocable licence to use the Course Materials for your own study on the Programme and for your subsequent reference and continuing professional development. No other licence is granted.

You must not (a) reproduce, republish, distribute, transmit or make available the Course Materials to any person who is not an enrolled Student, (b) modify, adapt, translate or create derivative works from them, (c) use them to deliver, prepare or support training provided to any third party, (d) sell, resell, sublicense, rent or otherwise commercially exploit them, (e) remove or obscure any copyright, trade mark or other proprietary notice, or (f) systematically download or store the content so as to create a database or archive.

Assessments, examination papers and model answers must not be shared, published or uploaded to any file sharing, tutoring or study aid service. Doing so is a breach of these Terms and may also be an academic offence under MARP.

Breach of this clause 9 entitles us to withdraw access under clause 15, to recover damages, and to seek injunctive relief, and we will report the matter to the University for consideration under MARP. Where the material affected is owned by the University, or jointly owned, the University may take its own action. You acknowledge that damages alone may not be an adequate remedy for breach of this clause.

No right to use the Trade Marks, or the names, marks and logos of the University, is granted. You must not do anything which prejudices the distinctiveness or goodwill of either party's marks, and must not suggest any association with, sponsorship by or endorsement from us or the University where none exists.

You must use the Services in accordance with these Terms, MARP, all applicable laws, and our reasonable instructions.

You must not engage in behaviour which is unlawful, abusive, threatening, harassing, discriminatory, defamatory or persistently disruptive to the learning of others, whether in a live session, on the VLE, or in any associated chat, forum or messaging channel.

You must not attend a session while under the influence of alcohol or unlawful drugs to an extent that impairs participation or affects the safety or experience of others.

You must not upload, store or distribute material that infringes the rights of others or contains malicious code, and must not attempt to gain unauthorised access to, disrupt, or circumvent any technical protection applied to our systems, the VLE or any third party software.

Where you breach this clause 10 we may exclude you from a session and withdraw access under clause 15, and we will report the matter to the University. Any disciplinary consequence, and any consequence for your enrolment, fees or academic standing, is a matter for the University under MARP.

The Programme leads to a University award. The awards available, and the credit required for each, are the MSc, the Postgraduate Diploma, the Postgraduate Certificate and the Postgraduate Certificate of Achievement, in each case at FHEQ level 7 and subject to the registration periods set out in your programme information.

All awards are granted by the University in its own name, under MARP. We do not confer credit, qualifications or awards. Moderation and the appointment of external examiners are the University's responsibility.

The MSc includes a dissertation, which is taken on completion of the taught component.

We do not guarantee any assessment result, award, employment outcome or particular result from applying the methods taught.

Nothing delivered in a Module constitutes professional, statistical, actuarial, financial, investment, tax or legal advice, and you remain responsible for any decision you take on the basis of Course Materials or teaching.

Academic appeals and student complaints are dealt with under MARP and the University's Student Complaints Procedure, which set out the time limits that apply, the informal and formal stages, your rights of challenge, and the external review available once the internal process is exhausted. Those procedures are published on the University's website and are linked from the Website.

In the first instance you are encouraged to raise a concern informally with your tutor or with us, and we will try to resolve it quickly. Raising a concern informally with us does not stop time running under the University's procedures, and you should have regard to their time limits.

We keep a written record of any complaint made in relation to any aspect of the Programme, and share it with the University. We co-operate fully with the University in the handling and investigation of any complaint or appeal.

Nothing in this clause limits your statutory rights, including your rights under the Consumer Rights Act 2015 in relation to your contract with the University.

We and the University each act as controller in respect of some of the personal data processed in connection with the Programme, and as processor in respect of other personal data, depending on the purpose of the processing.

We act as controller in respect of the application data you submit through our online postgraduate application system, and in respect of enquiries made to us and our own marketing to those who have asked to receive it. Our privacy notice explains how we use that data.

The University is the controller in respect of your student record once you are registered. Its student privacy notice applies, and we process that data on its documented instructions.

Personal data is not processed or transferred outside the United Kingdom or the European Economic Area other than to a country recognised as providing an adequate level of protection, or under appropriate safeguards.

We process personal data in accordance with the UK General Data Protection Regulation, the Data Protection Act 2018 and, where applicable, the EU General Data Protection Regulation.

Each party will keep confidential any non-public information of the other disclosed in connection with the Programme, and will not use it other than for the purposes of the Programme. This does not apply to information which is or becomes public through no breach, which is independently developed, or which is required to be disclosed by law, including under the Freedom of Information Act 2000 to which the University is subject.

Where Students discuss their own organisation's data, models or methods in a session, Students are expected to respect the confidentiality of other participants. We cannot control and are not responsible for disclosures made voluntarily by participants.

We will use reasonable endeavours to make the Website and our application system available, but we do not warrant that they will be available uninterrupted, secure or error free at all times.

The VLE is operated by the University. We are not responsible for its availability, and questions about access to it should be directed to the University.

We may suspend access to the Website for maintenance, upgrade or security reasons, and will give reasonable notice of planned maintenance where practicable.

We are not responsible for any loss, disruption or interruption to participation caused by your own equipment, connection, network restrictions or corporate firewall, or by failure of a third party platform or telecommunications provider.

The Website and the Course Materials may contain links to third party websites, resources, tools, datasets and publications, including those of the University, software vendors, professional bodies, regulators and other organisations. Those links are provided for information and convenience only.

We do not control, endorse, approve, verify or accept responsibility for the content, accuracy, completeness, currency, availability or security of any third party website, nor for any product, service, policy, procedure or standard described on it. Save in respect of the University, the inclusion of a link does not imply any association, sponsorship, partnership, accreditation or endorsement between us and the operator of that website.

Save for MARP and the University's student terms, which apply to you under clauses 1.5 and 1.6, nothing appearing on a third party website forms part of these Terms or of the Services, and no policy, procedure, code, standard or complaints process published by a third party is incorporated into these Terms by reason of our linking to it.

Access to and use of any third party website is at your own risk and is governed by that operator's own terms of use and privacy policy, which you should read before using it. To the fullest extent permitted by law, we are not liable for any loss or damage arising from your use of, or reliance on, any third party website or its content.

Third party websites and their content may be changed, moved or withdrawn at any time without notice to us. We do not undertake to monitor them. Where you believe a link on the Website is broken, out of date, inappropriate or infringing, please notify us at training@timberlake.co.uk and we will review and, where appropriate, correct or remove it.

You may link to the home page of the Website provided you do so in a way that is fair and lawful, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval or endorsement on our part where none exists. You must not frame the Website on any other site or establish a link from any website that is not owned by you. We may withdraw linking permission at any time on notice.

We may suspend or withdraw your access to the Website, the Course Materials or a live session, without liability, where you breach clause 5.4, 8, 9 or 10, or where a regulatory or statutory change or an event beyond our reasonable control prevents us from providing access.

Where we suspend or withdraw access we will notify the University promptly and give our reasons. Any consequence for your enrolment, fees, academic progress or standing is determined by the University under MARP, and is not a matter for us.

Suspension or withdrawal of access by us does not of itself terminate your enrolment, and does not entitle you to a refund from us, since fees are not paid to us.

Access to the VLE is controlled by the University and may be suspended or withdrawn by it under MARP.

Clauses 8, 9, 10, 13, 14, 16, 18, 20 and 21 survive the end of your access to the Services.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be limited or excluded.

We are not your degree-awarding body and we do not enrol you. We are not liable for any act or omission of the University, for any decision taken under MARP, or for any matter listed in clause 1.5.

Where you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable, or that arises from your use of the Services for a commercial or business purpose.

We are not liable for loss of profit, loss of revenue, loss of business, loss of contracts, loss of anticipated savings, loss of or corruption of data, loss of goodwill, or any indirect or consequential loss, in each case arising from your use of the Services for a commercial or business purpose.

Subject to clauses 16.1 to 16.3, our total aggregate liability to you arising out of or in connection with these Terms and the Services, whether in contract, tort, breach of statutory duty or otherwise, is limited to the total fees paid by you to the University for the Module or Programme in respect of which the claim arises.

Any claim under these Terms must be notified to us in writing within six months of the event giving rise to it.

This clause 16 does not affect any right you have against the University under your contract of enrolment.

A "Force Majeure Event" means any event beyond our reasonable control, including act of God, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, industrial action, government or regulatory action, border or travel restriction, failure of utilities, and failure of telecommunications or internet networks not caused by us.

We are not in breach of these Terms, or otherwise liable, for any delay or failure in performance caused by a Force Majeure Event, and our obligations are suspended for the duration of the event. We will notify the University and use reasonable endeavours to mitigate the effects and to resume performance as soon as reasonably possible.

Where a Force Majeure Event prevents delivery of a session as scheduled, we will reschedule it or deliver it by an alternative method, provided the content delivered is substantially equivalent.

Any consequence for your enrolment, fees or academic progress arising from a Force Majeure Event is determined by the University under MARP, and the University's Student Protection Plan, which is a condition of its registration with the Office for Students, continues to apply.

Course Materials and any software supplied or demonstrated may be subject to United Kingdom, European Union and United States export control, trade sanctions and technology transfer laws.

You warrant that you are not a person, entity or resident of a territory subject to applicable sanctions, and that Course Materials and software will not be used, exported or re-exported in breach of those laws.

We may decline, suspend or withdraw access without liability where continuing to provide it would or might place us in breach of any applicable export control or sanctions requirement, and will notify the University where we do so.

Notices to us under these Terms must be in writing and may be delivered by hand, sent by prepaid first class post to our registered office, or sent by email to training@timberlake.co.uk.

For service by email to be valid, receipt must be acknowledged by the recipient. An automatic out of office or delivery receipt is not an acknowledgement.

A notice is deemed served on delivery if delivered by hand, 48 hours after posting if sent by first class post, and at the time of acknowledgement if sent by email.

Notices relating to your enrolment, and any academic appeal or complaint, must be given to the University in accordance with MARP, not to us.

These Terms constitute the entire agreement between us in relation to the matters set out in clause 1.4, and supersede all prior discussions and representations in relation to those matters. Nothing in this clause limits liability for fraudulent misrepresentation, and nothing in it affects MARP or your contract of enrolment.

You may not assign or transfer your rights under these Terms. We may assign or transfer our rights and obligations to any company within our group, or to a purchaser of the relevant part of our business, subject to the terms of our agreement with the University.

We may perform our obligations through our own personnel and through group companies. Neither we nor the University may authorise any other person to deliver all or part of a Module without the other's prior approval.

If any provision of these Terms is found to be invalid or unenforceable, that provision is severed and the remaining provisions continue in force.

A failure or delay in exercising any right is not a waiver of that right, and a waiver of any breach is not a waiver of any subsequent breach.

Except for our officers, employees, teaching staff, agents and group companies in respect of clause 16, and the University in respect of clauses 1, 9, 12 and 13, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.

Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and us, and nothing in them makes us the University's agent.

These Terms, their subject matter and their formation are governed by the law of England and Wales.

The courts of England and Wales have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.

Where you are a consumer resident outside England and Wales, clause 21.2 does not deprive you of the protection of mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country.

The governing law and jurisdiction applicable to your contract of enrolment are as set out in the University's student terms.