Nichola Eddery Atelier Agreement - Terms and Conditions
Terms and conditions of use
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Nichola Eddery trading as Nichola Eddery Atelier (we or us), the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Nichola Eddery Atelier and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Nichola Eddery Atelier and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
1. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of our workshops and courses (the Services). We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
2. All Content included on the Website, unless uploaded by Users, is the property of Nichola Eddery Atelier, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
3. You may, for your own personal, non-commercial use only, do the following:
4.retrieve, display and view the Content on a computer screen
5.print one copy of the Content
6. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without our written permission.
7. You must not use the Website for any of the following purposes:
a.in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b.in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c.making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
8. This Website may contain links to other sites. Unless expressly stated, these sites are not under our control or that of our affiliates.
9. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
10. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the website and disclaimers
12. Any online facilities, tools, services or information that we make available through the Website is provided "as is" and on an "as available" basis. We give no warranty that such services will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. We are under no obligation to update information on the Website.
13. Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
14. We accept no liability for any disruption or non-availability of the Website.
15. We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
16. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (b) limit or exclude any of our or your liabilities in any way that is not permitted under the applicable law.
17. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
18. To the maximum extent permitted by law, we accept no liability for any of the following:
a.loss or corruption of any data, database or software;
b.any special, indirect or consequential loss or damage.
19. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
20. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
22. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
23. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
24. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
25. This Contract shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Contract (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Nichola Eddery Atelier details
26. Nichola Eddery Atelier of 57 The Vineyard, Ground Floor Flat, Richmond, Surrey, TW10 6AS operates this Website.
27. You can contact us by email at email@example.com.
TERMS AND CONDITIONS SERVICES
Application and entire agreement
1. These Terms and Conditions apply to the provision of art workshops and courses (Services) by Nichola Eddery trading as Nichola Eddery Atelier of 57 The Vineyard, Ground Floor Flat, Richmond, Surrey, TW10 6AS (we or us) to the person buying the services (you).
2. You are deemed to have accepted these Terms and Conditions when you book our Services or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions (the Contract) is the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
5. Words imparting the singular number shall include the plural and vice-versa.
6. We warrant that we will use reasonable care and skill in our performance of the Services, including any specification in all material respects. We can make any changes to the Terms and Conditions and Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
7. We will use our reasonable endeavors to complete the performance of the Services within the time agreed; however, time shall not be of the essence in the performance of our obligations.
8. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
Your obligations as a student
9. You must provide us with access to any and all relevant information, and any other matters which we need to provide the Services.
10. If you do not comply with clause 9, we can terminate the Services.
11. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations as a student).
12. The student agrees to abide by terms and conditions of the British Museum, the National Gallery and the V&A. For more information on their terms and conditions please visit their websites: www.britishmuseum.org, www.nationalgallery.org.uk, and www.vam.ac.uk
13. All Students must supply their own art materials and use only the products specified on the Materials page (click on the link labeled 'Drawing Materials and Suppliers' at the bottom of every page) during the sessions. The list of materials can also be found in the drawing handbook.
14.No refund will be given for lateness or non-attendance at sessions.
15.Any period of absence from sessions, whatever the reason or duration, will not be refunded.
16. The fees (Fees) for the Services are set out at www.nicholaedderyatelier.com (Our website).
17. In addition to the Fees, we reserve the right to recover from you reasonable incidental expenses including, any loss or damage to any property (including that belonging to third parties) caused by you, and any associated expenses.
18. You must pay us for any additional services provided by us that are not specified on our Website in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 17 also apply to these additional services.
19. The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and amendment
20. Either we or you can cancel a booking for any reason prior to your acceptance (or rejection) of our Services.
21. You must give no less than 2 days’ notice of your intention to cancel your booking. Cancellations must be in writing and emailed to firstname.lastname@example.org. Booking less than 2 days' are non-refundable.
22. For cancellations received at least 48 hours before the start date of the Services, the Fees will be refunded in full.
23.No refund will be given for cancellations received less than 48 hours before the start date of the Services. If you wish to amend your booking, you must notify us in writing as soon as possible. We shall use reasonable endeavors to make any changes as requested and all additional costs, if any, will be added the Fees.
24. For course of lessons purchase, no refunds are given once the course has started.
25. For a gift card purchase, you must give notice no less than 14 days from purchase to receiving a full refund. Cancellations must be in writing and emailed to email@example.com.
26. For private tuition, you must give notice no less than 14 days from purchase to receiving a full refund. Cancellations must be in writing and emailed to firstname.lastname@example.org.
27. The gift card purchase and private tuition purchase is only valid for 6 months from the date of purchase.
28. We can withdraw, cancel or amend the Services. If due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change to the Services or how they are provided, we will notify you immediately. We will use reasonable endeavors to keep any such changes to a minimum.
29. If due to circumstances beyond our control a session is terminated earlier or canceled, we are unable to offer a refund but will attempt to reschedule the session. Our liability shall exclude any incidental financial losses suffered by you due to the cancellation.
30. We require a minimum number of enrolments. In the event that the minimum number required is not reached, the Services will be canceled no later than 3 days before the date they are due to start. In this instance, a full refund of the Fees will be given. Our liability shall be limited to the refund of the Fees only. We do not accept liability for any incidental financial loss suffered by you due to the cancellation.
31. All payments must be made in British Pounds unless otherwise agreed in writing between us.
32. You must pay the Fees online for workshops and short courses, by credit card, debit card or PayPal, not less than 3 business days before the start date of the Services.
33. You must pay the Fees for private tuition through online banking or by PayPal to Nichola Eddery's account information provided through the emailed invoice.
34. Time for payment shall be of the essence of the Contract.
35. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
36. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
37. A payment receipt can be issued on request.
38. We reserve the right to exclude students or abandon the Services in the event of abusive, disruptive or threatening behavior. by an individual or group of delegates. In such an event, no refund will be given to the excluded student.
39. We can terminate the provision of the Services immediately if you: fail to make pay any amount due under the Contract on the due date for payment.
40. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
41. Our liability under these Terms and Conditions, in breach of statutory duty, in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
42. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
43. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b.any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
c.any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
d.any losses arising directly or indirectly from your choice of the services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
44. You must indemnify us against all damages, costs, claims, and expenses incurred by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you.
45. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
46. When supplying the Services to you we, the Service Provider, may gain access to and/or acquire the ability to transfer, store or process your personal data.
47. You agree that where such processing of personal data takes place, you shall be the 'data controller' and we shall be the 'data processor’, as defined in the General Data Protection Regulation (GDPR), as may be amended, extended and/or re-enacted from time to time.
48. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
49. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with you, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
50. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict “need-to-know” basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
51. Further information about the Service Provider's approach to data protection is specified in its Data Protection Policy, which can be found on our website. For any inquiries or complaints regarding data privacy, you can contact us at email@example.com.
Circumstances beyond a party's control
52. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause, that is beyond the reasonable control of that party. Such causes include, but are not limited to power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
53. All notices under these Terms and Conditions must be in writing.
54. Notices shall be deemed to have been duly given when transmitted by email, firstname.lastname@example.org and successfully received by us.
55. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop the further exercise of any other right, or remedy.
56. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
57. This Contract shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Contract (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.