Actors Door Studio Ltd. 

(Hereinafter referred to as “the Company”, “We,” “Us”, “Our”, “Studio”)

Last updated: 05-08-2019

http://www.actorsdoorstudio.com

(Hereinafter referred to as “the Website”)

TERMS AND CONDITIONS

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before accessing, browsing, ordering a Product or Service, or using the Website and/or the Company’s logos, patents and trademarks. Your access to and use of the Website and our Products and Services is conditioned on your acceptance of and compliance with these Terms.  These Terms apply to all Visitors, Users and others who access or use the Website, participate in any way in our Products and/or Services, or any other ancillary and/or connected trademarks. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Website or participate in our Products or Services. By purchasing Services and/or Products from the Company, you acknowledge and agree to be bound by the following terms and conditions Terms which together with Actors Door Studio’s Privacy Policy, Terms of Use, Refund & Cancellations Policy, and Customer Code of Conduct Policy govern Actors Door Studio relationship with you in relation to our Website and our trade.

  1. Definitions
    1. The definitions and rules of interpretation in this clause apply in this Agreement
“Business”means the continual marketing of all relevant goods and services

 

“Business Day”any day (other than Saturday and Sunday) when the banks are generally considered open for business.

 

“Communication”means communication by means of electronic transmission, including by telephone, any type of messaging service, internet connected or wireless computer access, e-mail or any similar technology or device

 

“Confidential Information”all Information, including all specifications, designs and drawings provided by the Company.

 

“Deliverable”a tangible or intangible object produced as a result of the project that is intended to be delivered to a Customer (either internal or external). A deliverable could be a report or a document relating to the Services and Products.

 

“Industry Standard Practice”the Standard Business Practices within the specific Industry and within the United Kingdom.

 

 

“Products”

 

means all courses, classes, private lessons, coaching sessions, workshops, courses and masterclasses sold, advertised, distributed and/or delivered by the Company to the customer.

 

“Order”, “Ordering”

 

means the process of purchasing a product of the Company

 

“Services”

 

means all services provided, sold and extended by Actors Door Studio to Customers, including but not limited to, the service of providing an online order process via our Website.

 

“Customer(s)”, “User(s)”, “You”, “Your”, “They”, “Their”

 

means any entity, including, but not limited to a business or natural person whom visits the website or purchases products and service sold by the Company.

 

  1. Overview
    1. The Company provides Users with education courses and classes within the Entertainment sector, as developed by the Company, which are pursuant to these Terms.
    2. All Content and Materials contained within this Website are for general purposes only.
  2. Use of the Website
    1. The use of this Website is subject to the following terms;
      1. All content is for general use only.
      2. All content is subject to change without notice.
      3. The Website may uses cookies to monitor browsing preferences.
        1. For further detail see our dedicated Privacy Policy.
      4. Neither we nor any Third Party, provide any Warranty or Guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in or on the Website for any particular purpose.
      5. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
      6. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable.
        1. It shall be your own responsibility to ensure that any Products, Services or information available through this Website meet your specific requirements.
      7. This Website contains material which may be either owned by or licensed to us.
        1. This material includes, but is not limited to, the Services, Products design, layout, look, appearance and graphics.
          1. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms.
      8. All trademarks reproduced in this Website which are not the property of, or licensed to, the operator are acknowledged on the Website.
      9. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
      10. From time to time this Website may also include links to other websites. These may come in the form from the community who are not directly connected to the running of the Website. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
      11. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, Service, Products or communicate with or any contact on the Website through which the Products and Services are provided, without express written permission by the Company.
  3. User Obligations
    1. The Website is contingent upon the User agreeing to the following;
      1. That you represent that you at least the age of majority in your country, state or province of residence to visit the Website.
      2. If you are a minor, you must provide the Company with written consent from your dependants allowing you to use the Website.
      3. You understand that your content may be transferred unencrypted and involve;
        1. A transmissions over various networks and,
        2. Changes to conform and adapt to technical requirements of connecting networks or devices.
          1. Credit card information is always encrypted during transfer over networks.
        3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, the Products or Service, or any contact any other legal entity on the Website, without express written permission by the Company.
        4. You may not use our Services or Products for any illegal or unauthorized purpose nor may you, in the use of our services, violate any laws in your jurisdiction, including but not limited to copyright laws.
      4. The User shall;
        1. Provide the Company with all necessary and required access to, and use of, all information, data and documentation reasonably required by the Company for the performance of its obligations under these Terms and Conditions, as upon being requested to do so;
        2. Ensure that such information, data and documentation is complete and accurate in all material respects; and
          1. Update or notify the Company of any changes to the information, data and documentation it provides to the Company where relevant.
        3. Where the Company is required to comply with any third party website owner’s platform selling policy or similar rules or regulations, the User agrees that it shall provide the Company with all reasonable assistance in ensuring that it is able to comply with the same.
        4. The User shall promptly notify the Company in writing if they believe, within reason that the Products or Services do not comply with the specification set out on the website. (Error).
  4. Products and Services
    1. The Company provides the following Products, including but not limited to;
      1. Classes,
      2. Workshops,
      3. Short Courses,
      4. Flexible Courses,
      5. Two-Year Part-Time Courses.
    2. The Company provides the following Services, including but not limited to;
      1. Core Training
        1. Part Time Acting Courses,
        2. 6-Week Meissner Foundations,
      2. Short Courses & Workshops
        1. Screen Acting,
        2. Audition Technique,
        3. Scene Study,
        4. School Workshops
        5. University Workshop,
        6. One-on-one Coaching.
      3. Acceptance of any Service shall be deemed to have taken place upon Purchase.
    3. Each Product and Service offered by the Company may be accompanied by Individual Teaching Terms.
    4. Our Products and Services are sold online via our Website.
  5. Restriction on Products and Services
    1. We reserve the right to refuse Products and Services to anyone, for any reason at any time.
    2. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by;
      1. Drama teachers,
      2. Trainers,
      3. Instructors,
      4. Acting coaches,
      5. Personal development teachers,
      6. Life coaches,
      7. Instructors,
      8. Meissner Technique teachers/coaches/instructors/trainers.
    3. If you study, teach or fall within the above list in any relevant or reasonable capacity, at another school or with any another teacher, you must immediately contact us prior to booking any Product or Service.
      1. Restrictions do not apply if you have been invited by us to participate our Services.
  6. Attendance
    1. If you are late, or reasonable believe you will be late attending a Service or Product, you have a duty to notify the relevant teacher/employee immediately by text message.
      1. We reserve the right to refuse you entry as this may disrupt the class.
        1. You will not be refunded if you are refused entry into a class due to tardiness.
  7. Order Process
    1. Users can book our Products and Services online using the forms on our Website.
      1. It is your responsibility to book the appropriate timeframe.
      2. We may also provide Users with an invoice for payment of Services or Products either sold on our website or not sold on our website.
    2. When placing an order on our Website you agree to immediately pay all monies in the transactions regardless of whether you attend classes or not.
    3. You will only be able to participate in our Services and/or Products upon successful completion of all payment processes and all monies owed to us being satisfied.
    4. We reserve the right to refuse any order you place with us, in which you may be refunded.
    5. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order.
      1. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
      2. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
  8. Payment
    1. All prices of Products and Services are available on our Website or available by contacting us.
      1. Prices displayed on our Website are in British Pound Sterling (GBP).
    2. The User shall pay via the checkout method provided by the Website.
      1. Upon checkout, the User shall pay to Company the Charges immediately
        1. All Charges are exclusive of VAT, or as indicated by the Company.
      2. We accept the following methods of payment for our Products and Services, unless otherwise stipulated in these Terms;
        1. Direct Deposit,
        2. PayPal
        3. Credit Card;
          1. VISA,
          2. MasterCard,
          3. American Express.
        4. We reserve the right to pass onto the Customer any fees charged for the use of credit card, by the payment gateway company or any relevant company in this capacity.
        5. For our Two-Year Part Time Course, the courses are paid in full regardless of completion or attendance, upon invoicing, and the Customer can select either;
          1. Annual payment prior to commencement of the Course, or,
          2. A term based payment instalment plan, which we will provide specific detail upon ordering.
        6. Payment is considered complete when all funds have been paid, received and cleared, as deemed by the Company.
        7. Failure to pay any outstanding amounts in relation to booked Products and/or Services, will result in us undertaking any debt collection action against the Customer that is open to us to take, at the discretion of the Company.
          1. The Customer agrees to pay for any and all costs associated with and howsoever arising from debt collection action against the Customer, which includes, but is not limited to;
            1. Legal costs,
            2. Costs for submitting an unpaid account to a debt collecting agency.
          2. Upon an order for a Product or Service being placed, the User is not entitled to refund, unless otherwise stipulated in these Terms (see Cancellation & Refund Policy) or there has been an error.
          3. We reserve the right to change prices without prior notice to the Customer.
          4. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
            1. These restrictions may include orders placed by or under the same Customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
            2. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
  9. Cancellation & Refund Policy
    1. To cancel a Product or Service, you must contact us in writing to inform us of you wish to cancel.
    2. We do not provide refunds for cancellations unless otherwise stipulated in these Terms.
    3. Provided you notify us within the Cancellation Period you will receive a refund in full.
    4. Cancellation Period: We operate on a strict cancellations and refunds policy;
      1. Drop in Classes: We will refund full payment for Classes, provided;
        1. You notify us in writing of your wish to cancel 48-hours in advance of class start time.
      2. Workshops: We will refund full payment for Workshops, provided;
        1. You notify us in writing of your wish to cancel 10 (ten) days in advance of workshops start time.
      3. Courses: We will refund full payment for Courses, provided;
        1. You notify us in writing of your wish to cancel 14 (fourteen) days prior to the Courses beginning.
      4. One-on-one sessions: We will refund full payment for One-on-one sessions, provided;
        1. You notify us in writing of your wish to cancel 1 (one) week in advance of booking start time
      5. Two-Year Part Time Courses: Customers cannot cancel their attendance and we do not offer any refund for booking this Course.
        1. All Customers who order this course are expected to pay the full amount for the full duration, unless the order was made in error.
      6. We reserve the right to cancel any of our Products or Services if we have not filled requisite number quotas for a particular class, course or workshop.
        1. If we cancel a Product or Service for which you paid, we will refund your payment through the same payment medium in which your payment was received.
      7. Bookings for all Products and Services are not transferable.
  10. Accuracy of Billing and Account Information
    1. You agree to provide current, complete and accurate purchase and account information for all purchases and bookings made on our Website.
    2. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
    3. We cannot accept responsibility where you do not meet an important deadline or incur other disadvantages arising from non-accurate information provided by you to us.
    4. Your submission of personal information through our Website is governed by our Privacy Policy.
  11. Termination
    1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
    2. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or Products, or when you cease using our Services, Products or Website.
    3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate any agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services and Products, or any part thereof.
  12. Third-Party Providers
    1. We utilize third-party provides for Marketing purposes of our Products and Services and other purposes we deem necessary.
    2. Our Products and Services may be available on other third-party websites and social media websites.
      1. If you have purchased one of our Services or Products on one of these third-party sources, those transactions and orders are subject to the conditions contained in these Terms.
    3. We are not liable for any harm or damages related to the purchase or use of goods, services, products, resources, content, or any other transactions made in connection with any third-party websites.
      1. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
      2. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and you should also immediately inform us.
  13. User Comments, Feedback and other Submissions
    1. If, at our request, you send certain specific submissions, for example contest entries, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
    2. We are and shall be under no obligation to;
      1. Maintain any Comments in confidence,
      2. To pay compensation for any Comments or,
      3. To respond to any Comments.
    3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
    4. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
      1. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products or Service or any related website.
    5. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
      1. You are solely responsible for any comments you make and their accuracy.
    6. We take no responsibility and assume no liability for any comments posted by you or any third-party.
    7. If you submit a testimonial to us using on this site, via email or post it on any of our social media profiles, then you agree that we may publish your testimonial, together with your name, on this website, and on any successor website that we may operate from time to time, on such page and in such position as we may determine in our sole discretion.
      1. You further agree that we may edit the testimonial and publish edited or partial versions of the testimonial.
        1. We will never edit a testimonial in such a way as to create a misleading impression of your views.
  14. Consent to be Photographed, Filmed and Recorded
    1. You consent to the capture of still images (photographs), moving images (film/video), and audio recordings of you during our Products and Services and during Actors Door Studio events, including but not limited to the Actors Door Studio Xmas Party and the Actors Door Studio Awards Night.
    2. You accept that the subsequent images and recordings may be used in a number of media, including but not limited to print, digital and electronic and may be used by the Company and/or by agents authorised by the Company for educational, promotional, advertising and/or marketing purposes in appropriate file formats via web-based and/or other digital and/or print methods. You understand and agreed that;
      1. Editing may be required by the Company or by agents authorised by us for quality or technical purposes,
      2. Edited subsections may be used in other Studio materials for purposes stated above,
      3. The image(s) and/or recording(s) will be stored securely in appropriate file formats on reputable servers and held in accounts belonging to the Company and/or its authorised agents.
  15. If you have any queries about your consent to be Photographed, Filmed and Recorded or you wish to opt out please contact us at; courses@actorsdoorstudio.com prior to booking any Product or Service.
    1. If you elect to opt out, we will send an amended version of these Terms for you to sign.
  16. Code of Conduct
    1. Illegal drugs are forbidden at the Actors Door Studio. The consumption of illegal drugs and alcohol is forbidden during class exercises. Being under the influence of drink or drugs during class hours will not be tolerated under any circumstances and may result in the student’s immediate dismissal.
    2. The Company has a non-smoking policy, including Electronic Cigarettes, therefore no smoking is allowed in and around any part of the studio.
    3. Whilst on premises and during classes you agree not to use or store, poisons, noxious and dangerous chemicals, flammable chemicals, explosives, weapons including knives and blades, power tools, any naked flames (including barbeques) or use or keep candles.
    4. The Company expects all Customers to conduct themselves at all times in an orderly manner, respecting the rights, privacy and property of others.
      1. Due to the nature of the class work, which may include discussion of age appropriate themes, use of adult language, watching performances that may contain nudity and the use of age appropriate materials and props, students will be required to demonstrate high levels of maturity whilst participating in their classes.
    5. The Company reserves the right to remove any Customer from a course with immediate effect if they are found to be in breach of this Code of Conduct, or their behaviour is such that results in property damage, endangering others or self or in impede the progress of other participants.
      1. Customers will be held financially responsible for any damages.
    6. You agree to follow safety instructions from the teacher or coach conducting the Products or Services. Although teachers are chosen for their experience, all participants in our Services and Products 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.
      1. You agree to indemnify Actors Door Studio 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.
      2. You agree to our full Code of Conduct Policy which can be found at https://www.actorsdoorstudio.com/code-of-conduct/
  17. Prohibited Uses
    1. In addition to other prohibitions as set forth in these Terms and our Terms of Use policies, you are prohibited from using the Website, or its content, or our Products and Services;
      1. For any unlawful purpose,
      2. To solicit others to perform or participate in any unlawful acts,
      3. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
      4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others,
      5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability,
      6. To submit false or misleading information,
      7. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet,
      8. To collect or track the personal information of others,
      9. To spam, phish, pharm, pretext, spider, crawl, or scrape,
      10. For any obscene or immoral purpose or,
      11. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
    2. We reserve the right to terminate your use of the Products and Service or any related Website for violating any of the prohibited uses.
  18. Privacy
    1. All Users are obliged to seek out, read and understand the separate Company, the Website Privacy Policy and Disclaimer.
  19. Warranties
    1. The User warrants that they have sufficient permission to purchase any Service or Product from the Company.
    2. The Company warrants that:
      1. It shall provide the Products and Services,
        1. In accordance with the Terms and Conditions set herein,
        2. In accordance with any and all applicable laws, regulations and statute,
        3. With reasonable care and skill, and
        4. In accordance with generally recognised commercial practices and standards;
      2. The Company does not endorse or condone the opinions and views of any of its staff, employees, teachers, tutors, employees, subcontractor or agent, nor shall they be considered the opinion, view or stance of the Company.
      3. These Terms and the documents referred to in them set out the full extent of the Company’s obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into these Terms or any collateral contract (whether by statute or otherwise) are hereby excluded.
  20. Indemnity
    1. You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
    2. Users will indemnify the Company harmless from any and all claims or demands, including but not limited to reasonable lawyers’ fees, made by any third party due to or arising out of Users breach of this agreement or violation of any law or the rights of any party.
  21. Notice
    1. Any notice given under these Terms shall be by mail and/or email which are our only accepted official forms of communication from you.
      1. If you choose to contact us via any other means, including through our social media accounts, we may not be able to process your enquiry in a timely manner, or may not be able to process your enquiry at all.
        1. As such, we will not be liable or held responsible for any damages that may arise for you from you failing to contact us via our accepted communication channels
      2. A notice is deemed to have been received:
        1. If delivered personally, at the time of delivery;
        2. In the case of e-mail, at the time of transmission, provided a confirmatory copy is sent by first-class pre-paid post or by personal delivery before the end of the next Business Day,
          1. All e-mail notices shall be sent to: courses@actorsdoorstudio.com
        3. In the case of pre-paid first class post, recorded delivery or registered post, 48 hours from the date of posting,
        4. In the case of registered airmail, five days from the date of posting or,
        5. If deemed receipt under the previous paragraphs of this clause is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), when business next starts in the place of receipt.
        6. While the Studio will, occasionally, write to you at your home or term-time address, most communication from us will be via email.
        7. We will use the email you provided us with to communicate with you, and we ask you check your email account frequently, at least weekly is recommended, for important communications
        8. We cannot accept responsibility where you do not meet an important deadline or incur other disadvantages arising from not checking your email or mail.
  22. Confidentiality
    1. Each party shall protect the Confidential Information of the other party and all other Customers against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard their own confidential information of a similar nature, being at least a reasonable degree of care.
    2. Confidential Information may be disclosed by the receiving party to its employees, affiliates and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.
    3. The obligations set out in this Clause shall not apply to Confidential Information which the receiving party can demonstrate:
      1. Is or has become publicly known other than through breach of this clause;
      2. Was in possession of the receiving party prior to disclosure by the other party;
    4. Was received by the receiving party from an independent third party who has full right of disclosure;
      1. Was independently developed by the receiving party; or
      2. Was required to be disclosed by governmental authority.
  23. Warranty
    1. We do not guarantee, represent or warrant that your use of our Products or Services will be uninterrupted, timely, secure or error-free.
    2. We do not warrant that the results that may be obtained from the use of our Products or Services will be accurate or reliable.
    3. You agree that from time to time we may remove Products or Services for indefinite periods of time or cancel any Product or Service at any time, without notice to you.
    4. In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
      1. As some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  24. Liability
    1. The Website is in no way accountable, liable or responsible for the actions or words of any of the users. All Users are obliged to seek out, read and understand the separate Company, Websites Disclaimer Policies and Privacy Policies.
    2. All those involved in the Website, the Products or Services do not accept any Responsibility whatsoever for the Misrepresentation, by any person whatsoever, of the information contained in this Website and expressly disclaims all and any Liability and Responsibility to any person, whether a reader or not, in respect of injury, claims, losses, damage, death or any other matter, either direct or consequential arising out of or in relation to the use and reliance, whether wholly or partially, upon any information contained or service referred to on the Website.
    3. The Company provides information sourced from a wide variety of Third Party individuals, companies and organisations. The use of this information by The Company should not be construed as sponsorship, endorsement or approval of such organisations. The Company provides links to other external Third Party websites, in providing such links The Company does not accept responsibility for or endorse the content of any linked site. In no event shall the Company be held liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use of information on the Company’s web site, even if the Company, or a Company authorised representative has been notified orally or in writing of the possibility of such damage.
    4. Nothing in these Terms shall operate to exclude or limit either party’s liability for:
      1. Fraud or,
      2. Any other liability which cannot be excluded or limited under applicable law.
    5. Neither party shall be liable to the other for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
    6. Subject to this Clause, each party’s aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with these Terms or any collateral contract shall in no circumstances exceed 125% of the total Charges payable by the Customer to the Company under these Terms, or such other amount as may be set out in the Specification.
  25. Intellectual Property
    1. You must acknowledge and agree that the Website and all Products and Services that may be used, shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Company or such applicable licensor, you agree not to alter, modify, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on the Company, any Documents, Product or Service or the Website, in whole or part.
    2. You must acknowledge, understand and agree that all of the Companies, the Websites, documents, Products, Services, trademarks, copyright, trade name, service marks, and other logos within the Website and any brand features, and/or Service and service names are trademarks and as such, are and shall remain the property of the Company. You must not to display and/or use in any manner the Company, the Website logo or marks without obtaining the Companies prior written consent.
    3. Unless otherwise stated, the Company (or its licensors) own all Intellectual Property Rights in the Services and all Services it provides to the Customer. Use of this Services are permitted only where expressly authorised by the Company as set out herein these Terms.
    4. The Customer shall indemnify the Company against all damages, losses and expenses arising as a result of any action or claim that the information, documentation or materials the Customer provides infringes the Intellectual Property Rights of a third party.
    5. The indemnities within this Clause are subject to the following conditions:
      1. The indemnified party promptly notifies the indemnifier in writing of the claim;
      2. The indemnified party makes no admissions or settlements without the indemnifier’s prior written consent;
      3. The indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and
      4. The indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.
  26. Errors, Inaccuracies and Omissions
    1. Occasionally there may be information on our Website, Products or Services that contains typographical errors, inaccuracies or omissions that may relate to our Service and Product descriptions, pricing, promotions, offers, and booking availability.
      1. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Websites, Products or Services, or on any related website is inaccurate at any time, without prior notice, including after you have submitted your order.
    2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
      1. No specified update or refresh date applied in our Products, Services or on any related website, should be taken to indicate that all information in our Products and/or Service or on any related website has been modified or updated.
  27. Amendments
    1. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms posting updates and changes to our website.
      1. It is your responsibility to check our website periodically for changes.
      2. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
    2. You should check these Terms from time to time to ensure that you are happy with any changes.
    3. This policy is effective from August 2019.
    4. No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by us in writing.
    5. The Customer acknowledges that no employee, sub-contractor or agent of the Company is authorised to make any representation, warranty or promise in relation to the goods or services sold pursuant to this agreement or these terms of sale, other than as contained in these terms or as confirmed in writing by us.
  28. Severability
    1. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
  29. Entire Agreement
    1. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
    2. These and any policies or operating rules posted by us on the Website, or in respect to the Products and Service, constitutes the entire agreement and understanding between you and us and govern your use of the Products and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms.
    3. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
  30. Governing Law
    1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with English law.