GENERAL TERMS OF SERVICE – APPLICABLE TO ALL STUDENTS OF CREAT BEAUTIFUL HAIR LTD
In this Agreement unless otherwise stated:
(i) “Create Beautiful Hair” shall mean the course(s) identified and all related Materials, support and tuition where applicable;
(ii) Your “Support Period” will be one year unless otherwise stated in your course materials. Your support period can be extended by renewing your Create Beautiful Hair Ltd membership.
(iii) singular words shall include the plural and vice versa; and
(iv) headings are included for convenience only and shall not affect the construction or interpretation of this Agreement.
(i) We agree to sell and you agree to buy Create Beautiful Hair Ltd membership for the Total Cost and on the terms set out on this page and in the agreement we send you.
(ii) Under no circumstances shall we be deemed to have received payment until payment has actually been received by us in full and cleared.
(iii) All course material remains the property of Create Beautiful Hair Ltd including video tutorials.
(i) During the membership period, we will provide you with support and tuition as set out in this agreement.
(ii) If requested, we may at our sole discretion, extend the Support Period for an agreed fee.
4. Warranties and Limitation of Liability
(i) We warrant that the Materials will be of satisfactory quality but do not warrant that the Materials will be error free.
(ii) We warrant that we will perform any services provided hereunder with reasonable skill and care.
(iii) We intend to rely on the written terms set out here. If you require any changes, please ensure you ask for these to be put in writing. In that way, we can avoid any problems surrounding what we, and you, are expected to do.
(iv) Other than in respect of liability for death or personal injury arising from our negligence, we shall not be liable for: (a) losses that were not foreseeable to both parties when this Agreement was made; (b) losses that were not caused by any breach on our part; or (c) business losses and/or losses to non-consumers.
(v) Our liability for direct losses arising out of our negligence (other than in respect of liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with this Agreement shall be limited to the total price paid for Create Beautiful Hair Ltd as quoted on your membership account page.
(vi) Other than in respect of liability for death or personal injury arising from our negligence, we shall not be liable for any indirect or consequential loss or damage whatsoever (including without limitation any loss of profits, loss of revenue, loss of opportunity or your liabilities to third parties) which you may suffer arising out of or in connection with this Agreement.
5. Other Terms
(i) No relaxation or indulgence which we may extend to you shall affect our rights under this Agreement.
(ii) If any part of this Agreement is held to be unenforceable the remaining terms and conditions shall continue in force.
(iii) All liabilities or obligations arising under this Agreement shall be enforceable against you after termination of this agreement.
(iv) You will notify us immediately in writing of any change in your address and other contact details. Any notices required to be served under this Agreement, or in accordance with the Act will be deemed properly served if sent by way of prepaid first class post to your last known address.
(v) This Agreement shall be governed and construed in accordance with the laws of England & Wales and you hereby agree to submit to the non-exclusive jurisdiction of the English Courts.
(vi) You will not copy, reproduce, share or sell any content including videos, text and images contained on www.learn.createbeautifulhair.co.uk or any associated websites.
(i) Your statutory right under the consumer protection (Distance Selling) Regulations 2000, allows you seven working days from the day after receipt of login access in which to make a written request for cancellation. Unless the parties have agreed otherwise, you will not have the right to cancel by giving notice of cancellation for the supply of computer software if they are unsealed by you or for the supply of online courseware which has been delivered or accessed by you.
(ii) Create Beautiful Hair online students with monthly memberships can cancel their subscription here.
7. Discretionary waiver
(i) If, at any time during the course of the Agreement, you notify us that you no longer wish to pursue Create Beautiful Hair Ltd we may, in our absolute discretion, agree to waive our rights to the sums payable under Clause 12 upon payment by you of all sums due under Clause 12 and an administration fee of £75.00, upon condition that you waive all rights to delivery of any and all Materials which we have not yet released to you and you assign to us all title and interest in such Materials.
(ii) If you wish to be considered for a discretionary waiver, you should contact us by letter or telephone.
(i) If: (a) you fail to pay any amount due under this Agreement; (b) you breach any of the other terms and conditions, express or implied, of the Agreement; or (c) any information provided by you in the making of this Agreement proves to be incomplete or inaccurate, we shall be entitled, after the expiry of a Default Notice served on you, to terminate this Agreement.
(ii) If this Agreement is terminated you will pay us the unpaid balance of the Balance Payable, less any applicable rebate, plus all expenses, charges and costs in accordance with Clause 10.
(iii) We offer a full money back guarantee within (14) fourteen days if you are unable to view our video tutorials correctly. This is conditional to you providing full information regarding the issue and attempting all remedies that our technical team have suggested.
(i) Create Beautiful Hair Ltd shall not be obliged to replace free of charge any Materials if any monthly instalments or other sums are due and unpaid under this Agreement as at the date of the claim.
IMPORTANT: USE OF YOUR INFORMATION
This privacy statement applies to any personal data you may give Create Beautiful Hair Ltd. We collect any personal data you may give us when you become a member. We will also collect contact details from prospective students. We maintain data on your transactions with us as well as your use of our services. We would like to use your personal data to provide you with further information about our products and services, please indicate if you do not want to be contacted by mail, email or telephone.
Access to your Personal Information
The Data Protection Act 1998 gives you the right to access the information that we hold about you. Please note that any demand for access may be subject to payment of a fee of £25 which covers our costs in providing you with the information requested. Should you wish to receive details that we hold about you please contact us using the contact details on this agreement.
We will not pass on your details to any third party. To receive a copy of the full privacy statement or to access or modify your information or change your preferences, please contact us.