Terms & Conditions
School of Style Limited trading as Style School, Unit 17, All Saints Road, London W11 1HH
E-mail address: email@example.com
In these terms and conditions the following definitions and rules of interpretation shall apply:
‘Business Days’ means any day (not being a Saturday or Sunday) on which clearing banks are open for business in the City of London.
‘Contract’ means the Student’s application for Tuition and the School’s acceptance of it.
‘Equipment’ means any equipment including tools, props, clothing or facilities provided by the School or its subcontractors or invitees and used directly or indirectly in the supply of the Tuition which are not the subject of a separate agreement between the parties under which title in the item of equipment passes to the Student.
‘Intellectual Property Rights’ means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
‘School’ (also referred to as
‘we’, ‘us’, ‘our’ or ‘ourselves’) means School of Style Limited trading as Style School, a limited company with registration number 07094494 and having its registered address at Unit 17, All Saints Road, London W11 1HH.
‘Student’ (also referred
to as ‘you’ or ‘your’) means the person, firm or company who purchases Tuition from the School.
‘Tuition’ means the Tuition and training in the profession of a fashion stylist provided by the School to the Student at training courses attended by the Student.
The headings in these conditions shall not affect their interpretation.
Any reference to writing includes e-mail but does not include faxes.
References to days (other than Business Days) means ordinary, calendar days.
Any obligation in the Contract on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
Application of these terms and conditions
These Conditions shall apply to and be incorporated into the Contract.
These conditions shall prevail over any inconsistent terms or conditions contained, or referred to, in your application for Tuition, specification or any other document you may supply, or implied by law, trade custom, practice or course of dealing.
Your application for Tuition is an offer by you to purchase the Tuition from us on these terms and conditions. We will only accept your offer:
1. by our written acknowledgement; or
2. (if earlier) by our starting to provide the Tuition to you,
when a contract for the supply and purchase of the Tuition on these Conditions will be established.
We will provide you with the Tuition. Through our programme of mentoring (the ‘Mentoring Scheme’) we will also provide you with advice and individual coaching (subject to the limitations we set out below) when you have successfully completed the Tuition.
After receiving your application and fees, we will confirm to you in writing that a place has been reserved for you on the course that you have applied for, together with details of the course booked and the fees you must pay us.
Your place will not be considered reserved until the fees have been paid in full and in cleared funds.
We reserve the right to refuse any application in our absolute discretion. We may refuse you a place, for example, if we consider the course is not suitable for you or if the course you want to attend is oversubscribed but we don’t have to give you a reason.
We may terminate your Tuition if your behaviour is aggressive, abusive, threatening or otherwise disruptive to the provision of the Tuition to others or if we reasonably suspect that you have wilfully damaged or misappropriated any of the Equipment. No course fees will be refunded in the circumstances.
We may cancel a course at any time and offer an alternative date, a credit or a refund without any liability for consequential or indirect loss.
The Mentoring Scheme is included in the price of the Tuition and is valid for use for 6 months after completion of the course. The service is provided subject to fair use by you and subject to the availability of our staff. You acknowledge that our staff may not be available to provide advice at any particular time due to teaching, professional or other commitments, holidays, etc. In such circumstances, we will provide you with advice at the next time that is convenient for both you and an appropriately qualified staff member (or consultant).
The Mentoring Scheme will commence after you have completed a course. We may agree to postpone the commencement for an agreed period in order better to suit your schedule. Postponements must be requested in writing and may be granted or refused at our discretion.
If you want to continue to use the Mentoring Scheme for more than 6 months, additional charges will apply. Details are available on request.
You agree that we have not represented to you that you will find work once you have completed the Tuition and/or the Mentoring Scheme. There are many factors involved in finding work including the limited number of suitable opportunities available and not all aspiring fashion stylists are able to find work in the industry
You must co-operate with us in all matters relating to the Tuition.
You shall not, without first obtaining our prior written consent, at any time from the date of the Contract to the expiry of 12 months after the last date of supply of the Tuition or the Mentoring Scheme or from the termination of the Contract, solicit or entice away from us or employ (or attempt to employ) any person who is, or has been, engaged as our employee, consultant or subcontractor in the provision of the Tuition or of the Mentoring Scheme to you.
You agree not to use a mobile telephone, PDA, e-mail or any other electronic device (other than a silent device for the sole purpose of taking notes) during classes without our prior permission.
You must handle and use the Equipment in accordance with our instruction and with appropriate care. You agree to compensate us for any damage caused to the Equipment by your negligent or wilful act or omission. We will raise an invoice to you for the amount of our loss and you must pay it within 14 days.
Charges and payment
Any fees we may quote to you are exclusive of applicable VAT, which we will add to our invoices at the appropriate rate.
All fees shall be paid in advance in full and in cleared funds.
Without prejudice to any other right or remedy that we may have, if you don’t pay us any sum you owe us on the due date, we may:
1. charge interest on such sum from the due date for payment at the annual rate of 8% above the base lending rate from time to time of the Bank of England, or 10% a year, whichever amount is the greater, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and you must pay the interest immediately on demand; and/or
2. suspend all Tuition to you until payment has been made in full.
Time for payment shall be of the essence of the Contract.
All sums payable to us under the Contract shall become due immediately on its termination, despite any other provision. This condition is without prejudice to any right to claim we may have for interest under the law, or any such right under the Contract.
We may, without prejudice to any other rights we may have, set off any liability you may have to us against any liability of ours to you.
Intellectual Property Rights
As between you and ourselves, we shall own all Intellectual Property Rights in the course materials and content used in the Tuition and/or the Mentoring Scheme.
You must not record classes or instruction, whether by video or audio.
Views expressed by the course tutors are their own and not necessarily our own. We do not accept any liability for advice given or views expressed by them or in any notes or documentation provided.
Intellectual Property Rights in any work you create whilst undergoing the Tuition shall belong to you but you hereby grant to us a non-exclusive licence to use the work for promotional or advertising purposes.
Limitation of Liability
THE STUDENT’S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
This condition sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants, and subcontractors) to you in respect of:
any breach of the Contract (including any deliberate breach of ours of this Contract or by our employees, agents or subcontractors);
any use you make by of the Tuition; and
any representation, statement or unlawful act or omission (including negligence) arising under or in connection with the Contract.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from negligence; or for any damage or liability you may incur as a result of our fraud or fraudulent misrepresentation.
Subject to the foregoing:
1. we shall not be liable for loss of profits; or loss of business; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expense; and
2. our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the fee paid for the Tuition.
You agree that details of your name, address and payment record may be submitted to a credit reference agency, and your personal data will be processed by and our on behalf in connection with the Tuition.
You agree that we may use your name and likeness in our advertising materials, on our website or websites linked to our website and on a publicly distributed list of individuals who have attended our courses.
You consent to being photographed or filmed during the course and we may use, sell or otherwise deal with the resulting materials as we see fit. You may revoke your consent in writing before the Tuition begins but not subsequently.
From time to time, we or our authorised agents may use your information to inform you about further courses or opportunities in connection with the fashion industry. We may send you such information by mail, telephone or e-mail unless you have registered with the appropriate telephone/mail preference service.
You may let us know that you do not want your information used for direct marketing purposes. If you request this option, we will not send you any direct marketing material.
There is no charge for cancellations received 31 or more days before the start of the course. Cancellations received 30 to 15 days before the start of the course are subject to a cancellation fee of 50% of the course fees. No refunds are offered where notice of cancellation is received 14 or fewer days before the course starts.
In any event, you can cancel your reservation by giving us notice within 7 working days from the date we confirm your reservation to you. If you have paid any monies to us then you will be entitled to have this refunded to you if you cancel within this time.
If you don’t attend the course and you haven’t cancelled or transferred to another of our courses in time, the full course fees are payable.
Any notice of cancellation must be in writing.
There is no charge for transferring to a different course date, provided the notice of your request to transfer is received 15 or more days before the start of the course. One free transfer can be made after which an administration charge of £100 will be payable.
Requests to transfer to a different course date received 7-14 days before the start of the course will be subject to a transfer fee of 25% of the course fees. Notices of requests to transfer received later than 7 days before the course starts will be subject to a transfer fee of 50% of the course fees.
Any notice of request to transfer must be in writing.
You may only transfer to another course if there are available places on that course. No exceptions will be made.
If you give us notice of your request to transfer within the time limits stated then you may transfer to another course on which a place is available at any time within the 12 months following our receipt of your notice. After 12 months, however, you will need to pay the full course fees.
Assignment and Substitution
A reservation of a place on a course to receive the Tuition and therefore this Contract is personal to you and you may not, without our prior written consent (which shall be in our sole and absolute discretion) send another person to attend in your place nor may you assign, transfer, subcontract, or deal in any manner with all or any of its rights or obligations under the Contract.
We will not ordinarily allow you to send another person (the ‘Substitute’) to attend a course in your place but if we do allow it, you agree that you remain liable to us under the Contract jointly and severally with the Substitute as if you had personally received the Tuition although our obligations under the Contract will be to the Substitute alone and we will have no further obligations to you at all. You agree that you will obtain the Substitutes agreement to abide by all of the terms of the Contract before the course starts and you will immediately confirm that you have done so in writing, if we ask you to do so. We may also require the Substitute to confirm their agreement to our terms in writing.
We may at any time assign, transfer, charge, mortgage, subcontract, declare a trust of, or deal in any other manner with all or any of our rights under the Contract and we may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
We shall not be liable to you the under the Contract if we are prevented from, or delayed in performing, our obligations under the Contract or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving our workforce), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of our consultants or subcontractors.
No variation of the Contract or these terms and conditions shall be valid unless it is in writing and we have signed it.
A waiver of any right under the Contract is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
The Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
Each party acknowledges that, in entering into the Contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as provided in the Contract.
Nothing in this condition shall limit or exclude any liability for fraud.
Rights of third parties
Save in the case where we agree to a Substitute attending a course in your place, a person who is not a party to the Contract shall not have any rights under or in connection with it.
Any notice or other communication required to be given under the Contract shall be in writing and shall be delivered personally, or sent by pre-paid first-class post, recorded delivery or by e-mail to, in the case of the School – the addresses set out at the top of these terms and conditions and, in the case of the Student, the addresses set out in their application or such other addresses as may otherwise be specified by the relevant party by notice in writing to the other party.
Any notice or other communication shall be deemed to have been duly received if delivered personally before 16h00 GMT – on the day it was delivered and if delivered personally after 16h00 GMT – on the next Business Day; or, if sent by pre-paid first-class post or recorded delivery – on the second Business Day after posting; or, if delivered by e-mail sent on a Business Day before 16h00 GMT – on that day and if sent after 16h00 GMT – on the next Business Day.
This condition shall not apply to the service of any in any proceedings or other documents in any legal action.
Governing law and jurisdiction
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter or formation (including non-contractual disputes or claims).