Aesthetic Connections Limited – Terms & Conditions
A.C.T. Course Booking - Terms and Conditions
These Terms & Conditions (together with the documents referred to in them) sets out the terms on which we sell the A.C.T. courses listed on our website at www.aesthetic-connections.com (our site) to you. Please read these Terms & Conditions carefully before purchasing our courses. You should understand that by ordering a place on one of our courses, you agree to be bound by these Terms & Conditions.
You should print a copy of these Terms & Conditions for your records.
If you are purchasing any courses via our website, please click on the button marked “I Accept” at the end of these Terms & Conditions if you accept them. Please understand that if you refuse to accept these Terms & Conditions, you will not be able to order a place on any of our courses.
If you have any queries or need any further information please consult the other pages of our site or call us on 0207 639 9057.
www.aesthetic-connections.com is a site operated by Aesthetic Connections Limited incorporated and registered in England and Wales with company number 08501297 whose registered office is at 111-113 High Street, Evesham, WR11 4XP
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old.
How the contract is formed between you and us
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a place on one or more of our Courses. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
- For the purpose of these Terms & Conditions, “A.C.T. Courses” shall mean those courses as listed on our site where training is provided by way of a practical training courses, either standardised or made bespoke to your individual requirements.
- Once we have provided you with an Order Confirmation, in respect of A.C.T. Courses, we will provide you with a delegate training manual in hard form within 14 days of the date of the Order Confirmation
- You agree to abide by and comply with any and all rules, regulations, policies and procedures set by us (and notified to you) from time to time in respect of the Courses.
- We shall be under no obligation to provide you with any form of certificate, qualification and/or other evidence of successful completion of A.C.T. Courses unless and until such time as we, in our absolute discretion, are satisfied and conclude that you deserve to be awarded with the same.
- If you fail to make any payments due to us under the Contract and/or if you fail to comply with any of these Terms & Conditions, we may at any time and without any liability to you by written notice terminate the Contract (without prejudice to any claims that we may have against you for any antecedent breaches of contract). Following any termination of the Contract, your access (if any) to online facilities will be terminated and you shall be obliged to immediately return any and all Materials to us.
The Company has invested a substantial amount of time, money and commitment to the production of the Courses, in terms of the Course content, material, delivery, methods, techniques, theories, philosophies and know how.
By booking onto an A.C.T. Course, you acknowledge that you are aware of the fact that substantial investment has been made into the Courses and that significant financial, reputational and competitive damage would be the likely result from any attempt to replicate, copy or provide a similar or the same course using our intellectual property.
All intellectual property rights (including, without limitation, copyright) in all of the literature, materials, content provided to you in respect of the Courses (whether on-line or off-line) (“Materials”) is owned and shall remain owned by us and you shall only have a limited non-exclusive licence to use such Materials in connected with the sole and limited purpose of your personal learning under the Course during the term of the Contract.
By accepting these terms, you accept that without limitation, you shall not be entitled to take copies of, distribute, sell, loan, licence, charge or otherwise deal and/or share and/or release possession of the Materials, nor shall you attempt to use any part of the Course or its materials to assist, be involved, facilitate with the delivery of a product which competes or has the potential to compete with the A.C.T Course. You also agree to indemnify us for any losses, costs, damages, penalties, etc. which arise from or in connection with your breach of this clause.
- If you are contracting as a consumer online and are resident in the UK, you may, subject to the provisions of the cancelation section of these terms, cancel a Contract at any time within 14 working days, beginning on the day after you received the Order Confirmation, providing that you have not attended the Course during this time. If you exercise this right and you have not attended any Course during this time, you will receive a full refund of the price paid for the order in accordance with our refunds policy (set out in the refund section below) provided that you first return any and all Materials that we have sent to you in advance of the course.
- To cancel a Contract pursuant to the provisions above, you must inform us in writing by email to email@example.com.
- Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation.
- Please note that if you login and access our on-line facilities after receiving an Order Confirmation but before the end of the 14 day period referred to above, you will be deemed to have requested us to start providing the relevant Course before the end of your cooling off period and you will no longer have the right to cancel the Contract.
Cancellation of A.C.T. Courses
- We reserve the right to cancel a Course and/or a specific practical workshop/seminar in respect of any Course if there is insufficient response and places have not been filled or if there is a Force Majeure Event (see the force majeure section of these terms below). In the event that we cancel a Course, we will endeavour to give you as much notice as possible and unless it is not possible, a minimum of 7 days notice (save as to when the cancellation is due to a Force Majeure Event).
In the event of a cancellation above, you will (in the case of the cancellation of a Course) receive a full refund of the price paid for the order in accordance with our refunds policy (set out in the refunds section below) (save as to when the cancellation is as a result of a Force Majeure Event and we have re-arranged the Course for a date and location suitable to both us and you) or (in the case of a cancellation of a specific practical workshop and/or seminar), we will provide you with alternative dates for a re-arranged workshop/seminar (for the avoidance of doubt, if a practical workshop/seminar is cancelled we shall have no liability to you and you shall not be entitled to receive any form of refund and/or compensation).
Price and payment
- The price of any Course will be as quoted on our site from time to time, except in cases of obvious error.
- These prices exclude VAT which will be added to the total amount due
- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- At any time our site may offer places on a large number of Courses and it is always possible that some of the places on Courses listed on our site may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures so that, where a Course’s correct price is less than our stated price, we will charge the lower amount when confirming the order. If a Course’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before confirming your order or reject your order and notify you of such rejection.
- We are under no obligation to provide a Course place to you at the incorrect (lower) price, even after we have sent you an Order Confirmation if the pricing error is obvious and could have reasonably been recognised by you as a mis-pricing.
- Payment for all Course places must be made by credit or debit card on or before the Contract. We will not charge your credit or debit card until we confirm your order.
Our refunds policy
- When a Course is cancelled:
- (where applicable) by you because you have cancelled the Contract between us within the seven-day cooling-off period (under the consumer rights clause above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Course place in full provided that you first return any and all Materials that we have sent to you in advance of the Course;
- By us because we have cancelled a Course (under the cancellation of A.C.T. Courses above) or we have terminated the Contract we will process the refund due to you as soon as possible and, in any case, within 30 days of the day of our cancellation of the Course.
iii. for any other reason, we are not obliged to refund the amount paid and no refund shall be due to you.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- We warrant to you that any Course on which a place has been purchased from us through our site shall be delivered with reasonable care and skill.
- Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches shall be strictly limited to the price of each Course place you purchased.
- This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
iii. For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We are not responsible for indirect or consequential losses, loss of profit, loss of opportunity, and any other non-direct losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the Contract between us, including but not limited to:
- loss of income or revenue
- loss of business
iii. loss or contracts
- loss of anticipated savings
- loss of data
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of categories of this clause.
- Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
- You acknowledge that all dates for the delivery of Materials and/or delegate packs by us to you shall be estimates only (and time shall not be of essence).
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be sent to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter in the UK, or fourteen days after posting of any letter by airmail. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of facilities, utilities, railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and any A.C.T. Course shall be re-arranged to an alternative date or location suitable to us and you or cancelled at our discretion. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with this clause.
If any of these Terms & Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- These Terms & Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything on our site or anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms & Conditions.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms & Conditions.
Our right to vary these terms and conditions
- We have the right to revise and amend these Terms & Conditions from time to time.
- You will be subject to the policies and Terms & Conditions in force at the time that you order from us, unless any change to those policies or these Terms & Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms & Conditions before we send you the Order Confirmation (in which case you will be deemed to have accepted the change to the Terms & Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Order Confirmation).
Law and jurisdiction
Contracts concluded through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.