Booking Terms & Conditions
- GENERAL INFORMATION
- These Terms and Conditions (“the Terms”) set out the obligations between you and Serayah Styling & Event Management Ltd (“We, Us, Our or the Company”). The Terms explain what happen once you have placed an Order, how to make payment, how We may change the contract, what to do if there is a problem and other important information.
- Any description, advertisement, documentation issued by Us and any description contained on the Website or any catalogues relating to Courses are issued and published for the sole purpose of giving you a general idea of a Course, its content and objectives. Subject to any obvious error, the description and price of the Course will be as quoted on the Website at the date your booking is made. 1.3. We may amend these Terms at any time by posting the amended Terms on the Website. The version of the Terms that apply to your booking shall be the version in force from time to time.
- In these Terms and Conditions the following words shall have the following meanings, unless the context requires otherwise:
BOOKING CONFIRMATION A booking confirmation sent in accordance with these Terms which shall include the details and timing of the Courses, the Venue and the Fees;
CLIENT The person who orders Courses or accepts an offer from us to deliver the Courses;
COURSES The courses that we agree to provide subject to these Terms as set out in more detail on the site and the booking confirmation
COURSES MATERIALS Any materials and content provided by or on behalf of Us as part of the Courses including, without limitation, printed materials, computer disks, CD-ROMS, electronic documents and files and online course materials.
FEE(S) The fee(s) payable for the relevant Courses as set out in the Booking Confirmation;
GENERAL TERMS The general terms and conditions to which use of the Website is subject as may be in force from time to time;
INTELLECTUAL PROPERTY Intellectual property rights including, for the avoidance of doubt, patents, copyright, performers rights, rights in databases, design rights, trademarks and trade names whether registered or unregistered and subsisting anywhere in the World;
MEMBERSHIP Means any registration by the Client with the Site and the connected right to use restricted areas of the Site (if any);
MATERIALS The Courses Materials made available by Us for a Course;
WEBSITE The website located at www.serayah.co.uk and including the same located at such other domain names nominated by us from time to time;
TERMS &CONDITIONS These terms and conditions as varied by us by posting the amended terms and conditions on the Website from time to time;
TRAINER The person or people providing the Courses on behalf the Company
USER Any and all persons who access the Website or Courses provided by Us;
VENUE The third party premises where the Courses are to be provided as indicated in the Booking Confirmation or such other venue which We may indicate from time to time;
VENUE PROVIDER The person or organisation providing the Venue for the Courses;
VENUE TERMS The terms and conditions of use of the Venue as set by the Venue Providers.
2.2. In these Terms and Conditions unless the context requires otherwise:
2.2.1. Any reference to a clause is to the relevant clause of these Terms and Conditions;
2.2.2. Headings are included for convenience only and shall not affect the interpretation of these Terms and Conditions;
2.2.3. The singular includes the plural and vice versa;
2.2.4. Any gender includes the other gender;
2.2.5. Any reference to a statute, statutory provision, subordinate legislation, code or guideline is a reference to such as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation;
2.2.6. Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
2.2.7. Any reference to “in writing” shall include email.
3. FORMATION OF CONTRACT
3.1. Upon submitting a booking for a place or places on a Course, whether online, in writing or by telephone, You will be given confirmation of Our acceptance of your order (a “Booking Confirmation”) whether verbally, in writing or both.
3.2. A Booking Confirmation or attendance on a Course (where the Booking Confirmation has not been received prior to the Course) brings into existence a legally binding contract based on these Terms between you and Us.
3.3. Where you are not a consumer, you acknowledge and agree that you have authority to bind any business on whose behalf you have purchased a place or places on a Course.
3.4. Where you are not a consumer, these Terms and any document expressly referred to in them constitute the entire agreement between you and Us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to its subject matter.
3.5. Where you are not a consumer you acknowledge and agree that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
3.6. Where you are not a consumer, you and We agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this contract.
3.7. All payments under these Terms shall be in UK pounds sterling.
4.1. You must purchase the Course by paying the appropriate fees as set out on the website.
Payment can be made in the following ways:
(a) online by credit or debit card using the Stripe system at the time of booking,
4.2 What happens if We got the price wrong. It is always possible that, despite Our best efforts, some of the Courses We sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Course’s correct price at your order date is less than Our stated price at your order date, We will charge the lower amount. If the Course’s correct price at your order date is higher than the price stated to you, We will contact you for your instructions before We accept your order. If We accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, We may end the contract, refund you any sums you have paid and cancel your place on the Course.
4.3 We will pass on changes in the rate of VAT. Where VAT is payable, if the rate of VAT changes between your order date and the date We supply the product, We will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
4.4 Interest will be charged on any outstanding balance at the rate of four per cent (4%) above the Bank of England base rate from time to time and calculated monthly on any outstanding amount until payment is received.
5. CANCELLATION AND REFUNDS POLICY
5.1. You can cancel or transfer your booking in the following circumstances:
(a) Where you are a consumer, you have the right to cancel within 14 days of receiving the Booking Confirmation (the “Cancellation Period”). Where you have given consent to the Course taking place within the cancellation period, you will lose your right to cancel your booking on the Course.
(b) You have the right to transfer to another Course providing you give us at least 14 days
notice. However, we cannot guarantee availability on your replacement Course, if we agree to the Transfer;
i) your original acceptance of these terms and conditions will also transfer
ii) and the appropriate fees for the replacement Course are less than the Course you
originally booked, We will refund the difference in accordance with clause 5.4
iii) if the appropriate fees for the replacement Course are more than the Course you
originally booked, We will send a revised invoice for payment to the address which you will provide when making the request to transfer (whether a physical address or an email address). You should pay the invoice in accordance with Clause 3.1 (a), (b) or (c).
(c) Outside of the Cancellation Period detailed in clause 5.1 (a) you have the right to cancel your Course booking up to 14 days before the date of the Course and refunds will be made in accordance with this Clause and we will refund you 50% of the Course fee
(d) You have the right to cancel your Course booking where there is a change in venue made pursuant to this Clause.
(e) Where You or other delegates are unable to attend, substitute delegates can be accepted at no cost. You should notify the Customer Services Team as soon as possible by contacting Us using the details provided in these terms
5.2. You may only cancel your Course booking in writing using the details provided in these terms. When contacting Us, please provide your name, address, details of the order, phone number and email address.
5.3. Your rights if We cancel a Course.
- Wherever possible, We will contact you in advance to tell you We will be cancelling a Course unless an emergency requires Us to cancel the Course on the day.
- We reserve the right to cancel or postpone Courses if there are insufficient delegate
numbers to ensure a high quality training experience or if a trainer is ill.
- In the event that We cancel or postpone a Course, We will offer you a place on the next available Course. Alternatively, you may ask for a refund which shall be made in accordance with Clause 5.4 (b).
5.4. How We will refund you.
- Where an Course is cancelled pursuant to 5.1(a), (c) or (d) and in accordance with Clause 5.2 you shall be entitled to a refund of the fees for that Course within 14 days beginning with the day on which We agree that you are entitled to a refund.
(b) Where a Course is cancelled pursuant to this Clause. We will refund your fees for the Course but not any other expenses (for example; hotel or rail fares). Your refund of Course fees will be paid within 14 days beginning with the day on which We agree that your Course fees are repayable.
(c) Where you transfer to a replacement Course pursuant to clause 5.1(b) and the fee is less than the original Course, We will refund the difference as soon as possible but in any event within 14 days beginning with the day on which We agree that you are entitled to a refund.
6. COURSES SERVICES
6.1. We shall procure that the Courses are provided by the Trainers at the Venues subject to these Terms and Conditions.
6.2. We will use reasonable endeavours to ensure that the Venue shall be the Venue indicated in the Booking Confirmation, but where this is not possible, We reserve the right to procure the use of other Venue(s) or the services of other Venue Provider(s), provided that we shall give you notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give you the right to terminate.
6.3. You acknowledge that the Venue Providers are separate legal entities to us and your use of the Venue(s) is subject to the Venue Terms which are separate to the Terms and Conditions. You shall ensure that all parties employed or otherwise engaged by it or to whom you allow access to the Courses shall comply with all Venue Terms relating to the Courses and your attendance at the Courses.
6.4. We will use reasonable endeavours to ensure that the Venue Providers provide adequate public liability insurance and other relevant insurances but We disclaim all and accept no liability for any acts or omissions of the Venue Providers.
6.5. You acknowledges that the Trainers are not employees of Serayah Styling & Event Management Ltd and that We may, at our sole discretion, procure the services of third parties to provide any part of or all of the Courses.
6.6. The Trainers do not represent Serayah Styling and Event Management Ltd and the views and opinions of the Trainers are not necessarily our views and opinions and we disclaim all and accept no liability for any acts or omissions of the Trainers, or the statements they make or information that they provide.
6.7. We will use reasonable endeavours to ensure that any individually named Trainer(s) shall provide the relevant Courses, but where this is not possible, We reserve the right to procure the services of suitable alternative Trainer(s), provided that We shall give the Client notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the Client the right to terminate.
6.8. We will use reasonable endeavours to ensure that the Courses shall take place on the relevant date(s) and time(s) and at the Venue as agreed, but where this is not possible, We reserve the right to alter the date(s), and/or time(s), provided that We give the Client notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the Client the right to terminate.
6.9. We hereby grant to the Client a non-exclusive license to download, store, reproduce, transmit, display, copy, and provide access to the Online Course Materials only to Users who attend the relevant Courses and then only within the Client’s single entity and providing always that they are used only for non-commercial purposes.
6.10. The Client shall not alter or remove any copyright notices or other notices indicating rights in the Courses Materials.
6.11. For the avoidance of doubt, the license granted in clause 6.9 shall not permit the Client to do any of the following without our prior written consent:
(a) Transfer or assign the license;
(b) Download, store, reproduce, transmit, display (including without limitation display on any intranet or extranet site), copy, sell, publish, distribute, provide access to or otherwise use the Courses Materials for any purposes other than as set out in clause 6.9;
(c) Sub-license, rent, lease, transfer or assign any Intellectual Property Rights in the Courses Materials, to any other person, or attempt to do any of the foregoing;
(d) Disclose the Courses Materials whether in part or in their entirety to any third party,
including any associated or affiliated company;
(e) In any way commercially exploit any of the Courses Materials content;
(f) Use the Courses Materials for any unlawful purpose.
6.16. Without prejudice to the generality of this Clause the Client acknowledges and accepts that there may be technical downtime or errors relating to the provision of Online Course Materials. Such downtime or errors may prevent Courses and Online Course Materials being accessed by Users of the Site and us shall not be liable if access is delayed, prevented from access or displayed incorrectly by any cause beyond our control including server downtime or errors.
6.17. Although We believe the content of the Courses Materials to be accurate, complete and current, to the fullest extent permitted by law, We provide all Courses Materials on an “as is” basis and disclaim all warranties regarding the Courses Materials. Further no advice or information given by Us or its employees, agents, contractors or suppliers shall create any warranty. It is the Client’s responsibility to verify any information before relying on it. Further, the Courses Materials may include technical inaccuracies or typographical errors. We may make changes to the Courses Materials at any time.
7. YOUR INFORMATION, CUSTOMER DATA AND PERSONAL DATA
(a) provide, manage and administer training courses;
(b) fulfil our contractual obligations under this agreement;
(c) liaise with regulators, banks, law enforcement agencies (including the police);
7.2. We may disclose information you provide to us, to other companies such as, our contractors, and other organisations including, without limitation, we may disclose information to:
(a) organisations which we use to help us send communications; organisations we use to help us
(b) provide the software or services (such as hosting providers, where relevant);
(c) law enforcement agencies;
(d) third parties (if any) used by us to perform our obligations to you under this agreement; and
(e) any other person in order to meet any legal obligations on us, including statutory or regulatory reporting.
7.3. if you provide us with information which contains personal data we will process and you agree and authorise us to process that data in accordance with the Data Protection Act 1998 or such other legislation which may come into force from time. Where we use the terms “personal data”, “data processor” and “data controller” in this agreement we mean as those terms are defined in the Data Protection Laws.
7.4. If at any time you do not want us to use your personal data in the manner described and/or you do not wish to receive targeted advertising or marketing, you can withdraw your consent at any time by emailing us at email@example.com .
8. CUSTOMER DATA
8.1. You own your Customer Data and you have sole responsibility for its legality, reliability, integrity, accuracy and quality.
8.2. You warrant and represent that:
(a) you will comply with Data Protection Laws;
(b)you are authorised pursuant to the Data Protection Laws to disclose any personal data which you disclose or otherwise provide to us regarding persons other than yourself;
(c) you will where required under the Data Protection Laws obtain all necessary consents in order for (i) you to disclose the personal data to us; (ii) us to process the personal data for the purposes of providing our Services; (iii) us to disclose the personal data to those parties set out below including where the recipients of the personal data are outside the European Economic Area.
8.3. We warrant and represent that during the term of this agreement we will:
(a) comply with the Data Protection Laws applicable to us whilst such personal data are in our control;
(b) having regard to the state of technological development and the cost of implementing any measures), take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, to ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected; and
(c)take reasonable steps to ensure the reliability of our employees who have access to any personal data.
8.4. You acknowledge and agree that for the purposes of providing Services under this agreement personal data may be transferred outside the European Economic Area.
9.1. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate any contract for Courses and refuse to provide the Courses to you if:
(a) you breach these Terms and Conditions or the General Terms; or
(b) We are unable to verify or authenticate any information you provide to us;
10. LIMITATION OF LIABILITY
10.1. Nothing in these Terms and Conditions is intended to limit or exclude any liability on for fraud, negligence causing death or personal injury or where and to the extent that applicable law prohibits such exclusion or limitation.
10.2. Subject to Clause 10.1 above, in no event shall We or our suppliers be liable in contract, tort (including negligence), statutory duty, pre-contract or other representations (other than fraudulent misrepresentations) or otherwise arising out of or in connection with these Terms and Conditions for: (a) direct, consequential, indirect or special loss or damage; or (b) any loss of goodwill or reputation; or (c) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), and in each case whether advised of the possibility of such loss or damage and however incurred including as a result of negligence arising out of or in connection with the Site or Courses.
10.3. Subject to clause 10.1 above our liability in relation to the provision of Courses as per the relevant confirmation of booking pursuant to clause 3.1 shall be limited to a sum equal to the amount paid to us for the Courses in question or £100, whichever is the greater, and We shall not be liable for any loss of or damage to any images or text provided to us by you when submitting any booking for Courses, whether online or otherwise.
11.1. You agree to indemnify (and to keep indemnified) on demand, defend and hold harmless us And our subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents incorporated by reference, or your violation of any law or the rights of a third party.
12. NO AGENCY
12.1. You agree that you and Us are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms and Conditions or by your purchase of any Courses.
13.1. All notices required to be served on Us shall be sent to the contact address stated in clause 1 or to the e-mail address as set out in clause 1 or as otherwise notified on the Site from time to time for such purpose.
13.2. All notices required to be served by Us shall be sent to the relevant contact email address supplied to us by the Client or as notified by the Client from time to time for such purpose.
14.1. Entire agreement Each party confirms that these Terms and Conditions and any document incorporated by reference set out all of the terms governing the provision of Courses to the Client and that it takes priority over all previous agreements, arrangements and understandings between them relating to the subject matter of Courses. The Client confirms that it has not relied upon any statement, representation or understanding that is not an express term and shall not have any remedy in respect of any statement, representation or understanding which is not an express term unless made fraudulently.
14.2. Waiver No failure or delay exercise by any party in exercising any right, power or remedy under these Terms and Conditions will operate as a waiver of that or any other right, power or remedy nor will any single or partial exercise by either party of any right, power or remedy preclude any further exercise of any other right, power or remedy.
14.3. Severance To the extent that any provision of these Terms and Conditions is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these Terms and Conditions, it shall not affect the validity, lawfulness or enforceability of the remainder of these Terms and Conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
14.4. Force Majeure A party will not be liable for any failure/delay in performing its obligations under these Terms and Conditions to the extent that this failure is the result of any cause or circumstance beyond the reasonable control of that party including acts of god, war, civil commotion or industrial dispute and that failure could not have been prevented or overcome by that party acting reasonably and prudently. If consequently either party is prevented from performing its obligations for a period exceeding three (3) months then the other party may terminate any agreement for the provision of Courses immediately on written notice.
14.5. Rights of Third Parties Nothing in these Terms and Conditions shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to these Terms and Conditions.
14.6. Further Assurance Each party shall at the cost and expense of the other party use all reasonable endeavours to do all such further acts and things and execute or procure the execution of all such other documents as that party may from time to time reasonably require for the purpose of giving that party the full benefit of the assets, rights and benefits to be transferred to the other party under these Terms and Conditions.
14.7. Governing Law These Terms and Conditions and every agreement for the provision of Courses shall be governed in all respects by English law as if the contract was wholly entered into and wholly performed within England. The parties hereby submit to the exclusive jurisdiction of the English courts.
Version: 1.0. Issue date: 15/01/18
We – Serayah Styling & Event Management Ltd. and Starrd Solutions Ltd. – regard your privacy with the utmost importance. Information we collect from you; where you choose to provide it to us, enables us to send you information about products and services in which you register an interest. By providing us with your information, you consent to us processing it for this purpose. We will not pass it on to any third party. By visiting our website, you are accepting and consenting to the practices described in this policy.
We will never sell your data to a third party.
For the purposes of the Data Protection Act 1998 (the Act) the data controller is Serayah Styling & Event Management Ltd.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
- Information you give us. You may give us information about you, by completing forms on our site (www.serayah.co.uk) (hereafter referred to as our site) or by corresponding with us by phone, email or otherwise. This includes information you provide when you register to use our site, sign up for any regular newsletters, information services, web forums or consultancy, search for a product, place an order on our site and when you report a problem with our site or otherwise contact us. The information you give us may include your name, address, email address and phone number and financial and/or credit card information.
- Information we collect about you. With regard to each of your visits to our site, we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including the date and time); products you viewed or searched for; page response times, download errors, lengths of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), methods used to browse away from the page, any phone number used to call our customer service number if you linked to our site from another website, the address of that website, and, if you linked to the site from a search engine, the address of that search engine and the search term you used.
- Information we receive from other sources. We may receive information about you if you use any other website we operate or other services we provide. We also work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
USES MADE OF THE INFORMATION
We use the information held about you in the following ways:
- Information you give to us. We will use this information to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services you request from us, to notify you about changes to or to make suggestions and recommendations that may interest you about our range of products or services, or to ensure that content from our site is presented in the most effective manner for you and for your computer.
- Information we collect about you. We will use this information:
- to administer our site and for internal operations including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our services, when you choose to do so;
as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
- Information we receive from other sources. We may combine this information with the information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
You may revoke your consent to the processing of your data at any time, by sending an email to firstname.lastname@example.org. You may ask us at email@example.com any time for information about any personal data we hold about you, or ask us to correct or delete that information. Any access request may be subject to a fee of £10 to meet our costs in providing you with the details of the information we hold about you. Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.