|Norwich Bridge School Terms and Conditions
|NORWICH BRIDGE SCHOOL
TERMS & CONDITIONS
1.1 Definitions. In these Terms & Conditions, the following definitions apply:
Bridge Coaching: professional bridge coaching whether on a one to one basis or through group courses dependent upon level (beginners, improvers - year 2 and improvers plus – year 3 plus) or through supervised play.
Charges: the fees for the relevant Bridge Coaching course or session;
Conditions: these terms and conditions as amended from time to time in accordance with clause 10.5.
Contract: the contract between You and Us for the provision of Bridge Coaching in accordance with these Conditions.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Booking: Your request for Bridge Coaching, as set out Your completed booking form or as otherwise set out in writing to Us.
Services: the provision of Bridge Coaching as set out in Your Booking.
Our/We/Us: Suzanne Gill trading as “Norwich Bridge School”.
2. BASIS OF CONTRACT
2.1 Your Booking constitutes an offer by You for the purchase of Services in accordance with these Conditions.
2.2 Your Booking shall only be deemed to be accepted when We issue written acceptance of Your Booking; at which point and on which date the Contract shall come into existence (Commencement Date). For the avoidance of any doubt a reference in these Conditions to written or in writing includes faxes and emails.
2.3 The Contract constitutes the entire agreement between You and Us. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Us which is not set out in the Contract.
2.4 Any sample lesson plans, hand outs, descriptive matter or advertising issued by Us, and any descriptions or illustrations contained in Our brochure or on Our website, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.5 These Conditions apply to the Contract to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. SUPPLY OF SERVICES
3.1 We shall supply the Services to You in accordance with Your Booking in all material respects.
3.2 We shall have the right to make any changes to the Services which are necessary to comply with English Bridge Union requirements, any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and We shall notify You in any such event.
3.3 We warrant to You that the Services will be provided using reasonable care and skill.
4. YOUR OBLIGATIONS
4.1 You shall:
(a) ensure that Your Booking is complete and accurate and that where You have requested a place on a course, such course meets Your needs and requirements;
(b) co-operate with Us in all matters relating to the Services;
(c) at all times comply with Our Code of Conduct as introduced and/or amended by Us from time to time; and
(d) purchase any training materials that We reasonably believe to be necessary or appropriate to support the Services, such as (but by no means limited to) the EBU Learn and Play Manuals Book 1 Beginning Bridge and Book 2 Continuing Bridge (“Manuals”). EYou are required to place Your order for the Manuals with Us and for the avoidance of any doubt You are responsible for the full purchase price.
5. CHARGES AND PAYMENT
5.1 The Charges for the Services shall be, set out on Our Booking acceptance pursuant to clause 2.2 above or as otherwise notified to You in writing.
5.2 You must pay Our Charges in full without deduction or set off by cash, cheque or bacs. Cheques should be made payable to “Norwich Bridge School”.. and bacs payments can be made to the following account:
Account name: S Gill T/A Norwich Bridge School
5.3 You shall pay Our Charges as follows:
(a) In respect of any group courses (whether beginners, improvers - year 2 or improvers plus – year 3 plus, Master Classes or any other schedule teacher training or workshops requiring registration prior to the date that the event commences) You must pay the full fee in advance and at least five working days before the start date of the course;
(b) In respect of supervised play or any other event not requiring registration prior to the date of the event, you must pay on the day of attendance.
5.4 All amounts payable by You under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract by Us to You, You shall, on receipt of a valid VAT invoice from Us, pay to Us such additional
amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
5.5 If You fail to make any payment due to Us by the due date for payment, then We reserve the right to refuse You entry to the relevant training course or event and to cancel Your Booking.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All Intellectual Property Rights in or arising out of or in connection with the Services (including but by no means limited to lesson plans and hand outs) shall be owned by Us.
6.2 You acknowledge that, in respect of any third party Intellectual Property Rights, Your use of any such Intellectual Property Rights is conditional on Us obtaining a written licence from the relevant licensor on such terms as will entitle Us to license such rights to You.
6.3 All lesson plans, hand outs, the website www.norwichbridgeschool.com and its contents are Our exclusive property.
7. LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
7.1 Nothing in these Conditions shall limit or exclude Our liability for:
(a) death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation.
7.2 Subject to clause 7.1:
(a) We shall under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) Our total liability to You in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed Our current 12 week course fee.
7.3 This clause 7 shall survive termination of the Contract.
8. CANCELLATION OF BOOKING & TERMINATION
8.1 Save in respect of supervised play, if You wish to cancel Your Booking, you must provide Us with at least 7 days’ written notice. If the termination date falls:
(a) within a date that is three weeks or less from the start date of the course identified in Your Booking or after the start date, then You will be liable for the Charges in full and You will not be entitled to receive any refunds of payments made. In such circumstances, You agree that the Charges (or the balance of the Charges outstanding as at the termination date, as appropriate) shall be recoverable from You as a debt;
(b) within a date that is more than three weeks from the start date of the course identified in Your Booking, then You shall be entitled to repayment of the Charges or such sums as You have paid Us as at the date of termination;
8.2 Without limiting Our other rights or remedies, We may terminate the Contract with immediate effect by giving written notice to You if:
(a) You fail to pay any amount due to Us on the due date for payment;
(b) You persistently breach or commit a serious breach of Our Code of Conduct; and or
(c) You fail to attend for whatever reason 3 or more of the course dates as identified in Your Booking or Our written acceptance pursuant to clause 2.2 above.
9. FORCE MAJEURE
9.1 For the purposes of this Contract, Force Majeure Event means an event beyond Our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving Our workforce or any other party such as but by no means limited to Our venue provider), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, snow and ice or default of suppliers or subcontractors.
9.2 We shall not be liable to You as a result of any delay or failure to perform Our obligations under this Contract as a result of a Force Majeure Event.
9.3 If the Force Majeure Event prevents Us from providing any of the Services for more than 3 weeks, We shall, without limiting Our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to You.
(a) In the event that You are dissatisfied with any aspect of the Services, You should advise Us of this fact as soon as possible, at which point We will seek to resolve matters on an informal basis.
(b) If We do not manage to resolve Your issue to Your satisfaction on an informal basis then You should set out Your grievances in writing to Us, marked for the attention of Suzanne Gill as soon as possible and certainly within 60 days of the event or act complained of. We will provide a written response to You within 28 days of receipt of Your letter unless it is not reasonably practicable to do so, in which case You will be advised of that fact and given an indication as to when You can expect to hear from Us.
(c) We shall not accept liability for any grievance or complaint that is not notified in writing to Us within 60 days of the event or act complained of.
10.2 Assignment and other dealings
(a) We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of Our rights under the Contract and may subcontract or delegate in any manner any or all of Our obligations under the Contract to any third party or agent.
(b) You shall not under any circumstances assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of Your rights or obligations under the Contract.
If any provision or part-provision in these Conditions or the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms.
A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by Us.
10.6 Governing law
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Both You and We irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).