BOOKING TERMS AND CONDITIONS FOR COURSES AND CLASSES
This website www.actingcoachscotland.co.uk (“Site”) is owned and operated by Performance Pedagogy Limited trading as Acting Coach Scotland , a Company registered under the Companies Act (registration number SC445918) and having its registered office at 2nd Floor, Govan Workspace, 6 Harmony Row, Glasgow G51 3BA (“ACS” or “we” or “us”). Our VAT registration number is GB 231 2984 18. Our telephone number is 0141 440 1272, and our email address is email@example.com.
These terms and conditions (“Terms of Supply”) will apply to any of the Part Time Courses (“Courses”) or other Courses and Classes or 121 coaching (“Courses and Classes”) purchased from this Site. By purchasing Courses or Courses and Classes from ACS through this Site you agree to be bound by these Terms of Supply. Please read them carefully before placing an order with us. If you are not willing to be bound by them you should not purchase the Courses or Courses and Classes from us.
1. THE COURSES AND CLASSES
The Courses and Courses and Classes are as described on the Site. ACS makes every effort to describe the Courses and Courses and Classes accurately on the Site and agrees to provide the Courses and Courses and Classes with all the care and skill to be expected of a qualified and competent contractor experienced in undertaking Courses or Courses and Classes of the same kind as the Courses or Courses and Classes. Although the majority of attendees on our Courses and Courses and Classes are professional or aspiring actors the Courses and Courses and Classes do not lead or are intended to lead to a vocational qualification and are therefore regarded as leisure Courses and Classes although we do run a full time vocational course (the One Year Professional Diploma in Stage and Screen Performance) to which separate terms and conditions apply. It is your sole responsibility prior to purchasing any Courses or Courses and Classes from us is to read the course description including any key benefits and pre-requisites for any of the Courses and Classes booked by you on the Site in order to ensure that they are suitable for your purposes. In particular you acknowledge and agree that by entering into this contract with us that you do not rely on any statement, representation, assurance or warranty that is not set out in these Terms of Supply. Any representation, condition or warranty which might implied or incorporated into these Terms of Supply by statute, common law or otherwise is excluded to the fullest extent permitted by law.
2. PRICES AND PAYMENT
Prices of the Courses and Classes are specified on the Site and confirmed on the booking pages. We may change our prices at any time but that will not affect the prices for confirmed orders. Our prices are quoted inclusive of VAT. Payment for the Courses and Classes is to be made in advance at the time of booking by Paypal, Card over the Telephone, Card in Person or Cash in Person. (We accept Visa, Mastercard and Delta)
3. ACCEPTANCE OF AN ORDER
3.1 Bookings can be made through the Site, by telephone, or by you coming to our offices to confirm a booking. By placing a booking through the Site you acknowledge the applicability of these Terms of Supply. When you place a booking you will be allocated a booking number which should be quoted in all correspondence to us. These Terms of Supply will be binding on you and a contract will come into effect between us upon our written acceptance of the booking issued to you by email (“the Confirmation”). Please note we are not bound by any contract until we have accepted the booking in writing and issued the Confirmation. We reserve the right to refuse a booking without stating the reason why. In the event that we do so we will refund any payments made as soon as possible after the booking has been refused.
3.2 If you have already paid for the Courses and Classes and we are unable to supply them for whatever reason without being able to offer you a suitable alternative we will notify you and refund you the full amount paid as soon as possible.
3.3 The contract between you and us comprises of the online booking form and Confirmation and these Terms of Supply (together known as the “Contract”). In the event of any conflict between them the booking form and Confirmation shall take precedence.
4. YOUR RIGHT TO CANCEL
4.1 As a consumer purchasing the Courses and Classes you have certain legal rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to receive information in respect of the services or goods being provided to you including information about the services themselves, the price of the same and any rights of cancellation. For the purposes of this Contract a consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. However in terms of Part 3 Clause 28(1)(h) of the Regulations as the services being purchased are services related to leisure activities provided for on a specific date the right of cancellation under Part 2 Clause 29 under the Regulations is excluded and the provisions of Clause 4.2 shall apply to any cancellations and refunds if applicable.
4.2 If you wish to cancel your booking you can cancel by emailing us at firstname.lastname@example.org or by post to Harmony Studios, 2nd Floor, Govan Workspace, 6 Harmony Row, Glasgow G51 3BA. If emailing or writing then your cancellation is effective from the date we receive the email or in the case of cancellation in writing two working days after you post the letter to us. If emailing or writing please quote the allocated booking number, Course or Class name and date of the Course or Class being cancelled. Upon receipt of the cancellation form we will email you confirmation of its receipt.
4.3. If you decide to cancel the booking the cancellation will be effective from the date that we receive your email or letter referred to in Clause 4.2 above and you will be liable for the following charges:
4.3.1. In respect of Classes:
Number of days before the Class that the Cancellation is made
- Over 28 days - 10%
- 7 to 28 Days - 50%
- 7 days or less - 100%
Where the charge is less than the full price of the Class a refund of the difference between the full price and the charge will be made to you in respect of the Class that has been cancelled. Any refunds due will be paid by the same method of payment by which you originally paid.
In the event that you decide to transfer to another Class then we may at our sole discretion waive the cancellation charge. For the avoidance of doubt however any requests to transfer to another Class must be requested in writing at least seven days before the date of the class booked which failing it will be treated as a cancellation at short notice (“a Late Transfer Cancellation”) and no refund of the price of the Class will be given.
In the event that we are able to fill your cancellation prior to the date of the Class booked or to fill a Late Transfer Cancellation on short notice then we may, at our sole discretion, refund you the purchase price of the Class in full under deduction of an administration charge of 10% of the purchase price of the Class in question. In filling cancellations where there has been more than one cancellation for a particular Class our policy will be to fill the earliest cancellations first. For the avoidance of doubt however nothing contained herein obliges us to actively seek someone to fill any cancellations and such substitutions will only occur if the Class in question has been fully booked.
4.3.2 In respect of Courses:
Courses are made up of a series of individual classes (normally eight in number run over consecutive weeks) and your commitment is to the entire series of classes. As we cannot sell those classes individually and, as your payment covers the whole course and cannot be pro-rated, unless you give us at least seven days’ notice of cancellation prior to the start of the first class of the Course in question you will be liable for full cost of Course. If you cancel more than 7 days prior to commencement of the course in question then we may at our sole discretion charge an administration fee of 10% of the total fee for the Course in question. Where the charge is less than the full price of the Course a refund of the difference between the full price and the charge will be made to you via Paypal in respect of the Course that has been cancelled.
4.4 ACS reserves the right to cancel any Courses and Classes if numbers fall below a minimum requirement or for other exceptional reasons. In such an event you will be informed of this decision as soon as possible and given the opportunity to book on the next available Course or Class we have. If we cannot offer you a suitable replacement Course or Class you will be entitled to a refund in full for the cancelled Course or Class. In the event that you do transfer to another Course or Class following upon our cancellation of a Course or Class then no administration charge will be levied for doing so.
5.1 Nothing in this contract excludes or limits or attempts to exclude or limit the liability of either party for death or personal injury caused as a result of negligence or for fraudulent misrepresentation.
5.2 Subject to the foregoing ACS will be under no liability to you whatsoever (whether in contract, delict (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct or indirect consequential loss (all three of which terms include without limitation pure economic loss, loss of profits, loss of business, loss of opportunity, loss of goodwill and like loss) howsoever caused.
5.3 Notwithstanding the provisions of Clause 5.2 we have no liability for any loss or damage to any personal property including monies and valuables brought on the premises where the Courses and Classes are taught. All responsibility and liability for the same shall remain with you.
5.4 Subject to clauses 5.1 and 5.2 ACS’s aggregate liability under this Contract (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct or indirect consequential loss (all three of which terms include without limitation pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused will be limited to the amount paid for the Course or Class concerned.
5.5 You agree to follow safety instructions from the tutor or coach taking the Course or Class at all times. Although tutors are chosen for their experience all participants in Courses and Classes have a legal responsibility to take all reasonable precautions to maintain their own safety and not to endanger other participants in the Courses and Classes and are liable for their own actions. You therefore agree to indemnify ACS in full for any loss or damage to other participant’s or their property as a result of your failure to follow safety instructions or maintain safety standards or in respect of any negligence which may occasion such loss or damage.
6. FORCE MAJEURE
Neither party will be liable to the other for any failure or delay or for the consequences of any failure or delay in performance of this Agreement if it is due to any event beyond the reasonable control and contemplation of a party to this Contract including without limitation acts of god, war, industrial disputes, protests, fire, flood, storm, tempest, epidemics, explosion, acts of terrorism and national emergencies.
7. INTELLECTUAL PROPERTY
In so far as the Courses and Classes contain content, know how and materials that are proprietary to ACS, ACS confirms that it owns or has all necessary rights in the use of all intellectual property in relation to the Courses or Classes. All such intellectual property shall remain the property of, or the rights in the use of, shall remain with ACS unless otherwise agreed in writing between the parties. In particular for the avoidance of doubt all training materials produced by ACS are solely for your use and may not be copied, distributed or otherwise reproduced by you without our express written consent.
8. DATA PROTECTION
9. CHANGES TO TERMS
We reserve the right at our discretion to modify, add or remove any or all of the Terms of Supply at any time and each such change shall become effective immediately upon posting. You should therefore check this Site periodically for changes and in any event should do so before any new purchase. Your continued use of this Site following postings of changes will mean you accept those changes. However those changes will not affect any current bookings you have with us but only any new purchases.
We may assign our rights and obligations under the Contract to any other person including sub-contracting the delivery of any Courses and Classes. If there is such an assignment or sub-contract we will notify you in writing or by email.
11. ENTIRE AGREEMENT
The Contract constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of the contract.
To the extent that any clause or part of a clause of these Terms of Supply is found to be invalid or unenforceable such clause or part of a clause shall be deemed to be deleted and the remainder of these Terms of Supply shall remain in full force and effect.
13. NON-WAIVER OF RIGHTS
The failure to exercise a right or remedy provided by the Terms of Supply or by law does not constitute a waiver of the right or the remedy nor does it mean that we will forfeit any future rights or remedies.
ACS endeavour at all times to provide a quality service and accept responsibility should they prove deficient or not of a reasonable standard. All complaints by you in relation to the Courses and Classes shall be emailed to email@example.com and the parties shall use their reasonable endeavours to resolve it as soon as practicable. If they fail to do so within 14 days and it escalates into a dispute the parties shall try to agree on and implement a method of dispute resolution. If they fail to agree such method within 14 days, the parties confirm that the dispute will then become subject to the exclusive jurisdiction of the Scottish Courts.
15. GOVERNING LAW
These Terms of Supply shall be governed by and construed in accordance with the law of Scotland and each party irrevocably agrees that the Scottish Courts shall have exclusive jurisdiction in relation to any claim or dispute or difference concerning the Contract and any matter arising therefrom.
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