Student and Model Terms & Conditions

BACKGROUND:

These Terms and Conditions, in addition to the Website Terms of Use and our Privacy Policy together with any additional booking form provided by us via the Website or otherwise, shall apply to the purchase of our Courses, whether online via our Website or via us directly (“Terms”). Please read these Terms carefully before purchasing one of our Courses.

This contract sets out:

•                your legal rights and responsibilities;

•                our legal rights and responsibilities; and

•                certain key information required by law.

These Terms form the basis of any contract through which Mint Hair Stylist Ltd (“Mint”, “we”, “us”, “our”) provide our Courses to you as the person using our Website or purchasing our services (“you”, “your”, “student”).

1.             Definitions and Interpretation

1.1           In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1.2           Unless the context otherwise requires, each reference in these Terms to:

2.a.1       “these Terms” is a reference to these terms and conditions as amended or supplemented at the relevant time; and

2.a.2       a Clause or sub-Clause is a reference to a Clause of these Terms;

1.3           The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms;

1.4           Words signifying the singular number shall include the plural and vice versa;

1.5           References to any gender shall include the other gender.

2.         Bookings

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2.1           Bookings can be made only by contacting us directly in-person, by the phone, or through our Website.

2.2       We require you to read these Terms and accept these before you make a Booking with us.

2.3       When you make an Enquiry with us or place an order for a Course (either via the Website, by email, or by telephone), you are offering to purchase that Course on these Terms, and we reserve the right to decline or cancel your order.

2.4       If we accept a Booking to provide our Tuition services to you, this Booking shall only be confirmed when you make payment to us and we provide you with a Confirmation Email, at which point a contract will come into existence between you and us and these Terms will be binding. We will then notify you of the Course Start Date and the Course End Date.

2.5       If we are unable to offer you Tuition or confirm a Booking with you, we shall inform you of this. We shall use our reasonable endeavours to provide lessons at the agreed times.

2.6       We may from time to time request a deposit upon placing a Booking with us. Where this is required, we will notify you.

2.7       During the provision of our Courses, we may supply models for the benefit of our students, but we do guarantee the provision of any model during any lesson, nor how many will be available.

3.         Lessons and your obligations

3.1       Our Courses are hands on, and we have years of experience to ensure that our Courses are suitable for complete beginners. However, we provide a diploma at the end and Students must pass the Course, to receive the diploma.

3.2       We will tutor in a way that we consider will make it most likely that the Student will achieve those aims. As such, we require you to advise us of your objectives from the outset of the Tuition. We shall make reasonable endeavours to tutor you but shall not be responsible for any errors made by you or failure by you to pass the Course.

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3.3           You are required to provide a postal address for administrative purposes, a current working email address for routine correspondence and a contact phone number for non-routine correspondence.

3.4           If you are under 18 years of age, your parents are required to provide the following additional information to Us: (i) a primary contact phone number: who and how to contact if there is an emergency; (ii) a secondary contact phone number: who and how to contact if the primary contact is unreachable; and (iii) details of any relevant health issues that may affect you while you are with us, including any specific guidance on the use of prescribed medication.

3.5           It is a condition of all our Courses that participants adhere fully to health and safety guidelines and do not deviate from instructions.

3.6           If, due to exceptional circumstances, including, but not limited to, illness, accidents and bereavement, you are unable to attend a scheduled lesson within the Course, at our discretion, we shall offer the opportunity for you to catch up on the Course, where it is possible.

3.7           If we need to cancel a lesson for any reason including because any lesson falls on a bank holiday, we may do so without incurring any liability to you, but at our discretion, we shall offer you the opportunity to catch up in the Course.

3.8           We uphold good behaviour at our academy, and we expect our students to do the same. By accepting these Terms, you agree that you will do nothing to bring our business and reputation into disrepute. You accept that any bad behaviour or breach of any health and safety may result in your expulsion, and you will not be entitled to any refund for your Course. 

4.             Fees and Payment

4.1        The Fee for any Course at any given time may be found on our Price List through our Website, or may be notified to you by our representative or employee. Fees are quoted in pounds sterling, inclusive of VAT.

4.2        Payment can be made via bank, debit card or credit card. Financing is also available subject the finance company’s payment terms and credit checks.

4.3        If you purchase a Course through the Website, the Fee including VAT will be shown prior to completion of the online transaction and we shall take payment at the time of your Booking.

4.4        In the event that a credit card or debit card transaction is declined, or a bank transfer does not go through, funds will not deemed to have been cleared and you will not be permitted to commence the Course on the Course Start Date.

4.5        We offer financing through a third-party organisation and we can discuss further details with you in respect of this option for payment. However, any Course is subject to payment to us and if you are declined for financing, you will either have to pay us directly, or you will not be permitted to commence the Course.

4.6        The Fees shall be paid to us without set-off, deduction, counterclaim and/or other withholding of monies. If you fail to pay any Fees when due, we reserve the right to terminate this agreement, and/or your Booking (s) and charge interest on the amount outstanding at the applicable statutory rate set out under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended from time to time).

4.7        Any promotions or discounts are at our discretion and are not transferable, and cannot be used with any other offer or discount. We reserve the right to withdraw or revise any discount or offer at any time.

4.8        Any deposit paid to us is non-refundable.

4.9        Save for your cancellation rights under clause 5, our Courses are non-transferable and non-refundable.

5.             Cancellation Rights

5.1       Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) you may cancel your Booking within 14 days if you change your mind from the point of time that you make the Booking.  If we have not commenced any Tuition with you, we will refund you the money, where you paid us directly, and where you used a finance company to fund any payment of our Fees, you will need to exercise your right to cancel with the finance company in accordance with their terms and conditions.   

            5.2       If we have commenced Tuition with you during the 14 day period of cancellation, you accept and acknowledge that you are waiving your legal rights to receive any refunds, pursuant to your statutory rights. 

            5.3       You must inform us of your decision to cancel in the following ways:

                        5.3.1     Logging a query through the Website; and/or

                        5.3.2     Writing to us at academy@mintbarbershops.co.uk

5.4       To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

5.6       Any refunds will be made using the same method of payment as you used for the purchase.

6        Liability

6.1        These Terms relate to Consumers. Nothing in these Terms shall exclude or limit your legal rights. Advice about your legal rights is available from your local Citizens Bureau.

6.2       The following provisions of this Clause 6 sets out our entire financial liability to you in respect of all losses, claims or liabilities arising from or in respect of these Terms, including any Tuition services that you receive from us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.

6.3        We provide tuition only for your personal and private use/purposes. We will not be liable to you for any loss of profit, loss of business, loss of revenue, loss of savings, interruption to business or for any loss of business opportunity.

6.4        We shall not accept any responsibility for damage to or loss of property howsoever caused.

6.5        Nothing in these Terms is intended to or will exclude or limit our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

6.6        Our total liability to you in respect of all liabilities and losses in connection with these Terms shall not exceed the value of the Fee paid by you or on your behalf, less any fees due for any Tuitions that have been delivered.

6.7        We shall not be responsible whatsoever for any liability to you or loss, or delay in performance of our obligations under these Terms which occurs outside of our control.

6.8        For the purpose of this Clause 6, an event outside our control means any act or event beyond our reasonable control including but not limited to strikes or other industrial action, civil commotion, terrorist attack or threat of terrorist attack, epidemic, adverse weather conditions or other natural disasters. This clause does not affect your statutory rights.

6.9        Where any models are used during lessons, we will supervise you to the level of your ability. However, we will not be liable to you or the models for any loss or damage that you suffer as a result of our provision of services to you under these Terms.

7.             Intellectual Property

7.1        We are the owner of the intellectual property rights in our Courses, in any content supplied to you via Google classroom, in the Mint Academy brand, and any Course Materials supplied by us. At all times, you agree and acknowledge that all copyright, trade marks and all other intellectual property rights in our literature, Website, and Tuition shall at all times remain vested in us. You may only use this material expressly with our consent.

7.2        We reserve the copyright of any in-house created Course Material and knowledge or know-how. The use thereof by any Students outside of the Tuition framework requires our written permission and must not be used for anything else other than in the course of the Tuition.

7.3        We grant you a revocable, non-transferable licence to use Course Materials where supplied to you for your own personal use. You may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post or make available any Course Materials, knowledge or know-how supplied to you.

8.             Changes to Terms and Conditions

We may, from time to time, change these Terms without giving you notice, but we will use our reasonable endeavours to inform you as soon as reasonably possible of any such changes.

9.         How We Use Your Personal Information (Data Protection)

9.1        We shall ensure that any use of data complies with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including, without limitation, the Data Protection Act 2018.

9.2        You agree that we may process any of your personal data provided to us by you, to perform our obligations and enforce our rights under these Terms, in accordance with our privacy policy.

10.       Complaints

     We would like to hear from you if you have any cause for complaint.  We are confident that we can resolve all genuine complaints quickly and informally. You are required to discuss this with us before seeking to bring any legal action against us.

11.       General

11.1      No failure or delay by us or you in exercising any rights under these Terms means that we or you have waived that right, and no waiver by us or you of a breach of any provision of these Terms means that we or you will waive any subsequent breach of the same or any other provision.

11.2      These Terms and this contract is solely between you and us and no other person shall have the right to enforce any of its terms.

11.3      We reserve the right to recover any reasonable debt recovery charges in connection with these Terms.

11.4     These Terms and any documents referred to in it constitute the entire agreement between us and you and supersedes any previous arrangements, understandings or agreements between us and you, whether written or oral, relating to the subject matter of these Terms.

11.5     You may not assign or sub-contract any of your rights under these Terms to any third party unless we agree in writing. We may assign, transfer or sub-contract our rights or obligations to any third party at our discretion and without further notice to you.

11.6     Any notices required to be served on us by you under these Terms will be deemed properly served if sent via prepaid postage to our address, or emailed to us. This clause does not include service of any court proceedings.

11.7     A notice sent by post is deemed to be given on the day it was posted subject to proof of postage. A notice sent by email or via the Website, shall be deemed to have been served on the day it was sent, subject to a delivery receipt.

12.       12.1      We reserve the right to cancel these Terms and to terminate your participation in your Course

                        in the event of, but not limited to the following:

                        12.1.1   your failure to pay any outstanding Fees;

                        12.1.2   your gross misconduct;

                        12.1.3   you cease to be able to live or study in the United Kingdom; and

                        12.1.4   you commit a serious breach of these Terms.

13.       Severance

If any provision of these Terms are held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

14.       Law and Jurisdiction

14.1      These Terms and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law; and

14.2      Any dispute, controversy, proceedings or claim between you and us relating to these Terms (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.