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Terms & Conditions

 

TERMS & CONDITIONS FOR THE BOOKING OF TRAINING COURSES

WITH ICREATE TRAINING

 

These terms (“Terms”) set out the principal terms and conditions that:

  1. a Business Customer (“you” “your”) agrees to book a training course with
  2. ICREATE Company Ltd t/a ICREATE Training Academy and/or ICREATE Training, a company registered in England under company number 8842101, with our registered office at 8 Station Road, Llanelli, SA15 1AL (‘The Company’, ‘we’, ‘us’, ‘our’).

DEFINITIONS

The following definitions apply throughout these Terms:

  • Business Customer – refers to sole traders, corporate bodies, partnerships, self- employed individuals and other students/potential business owners who intend to trade following the Training Course that purchase our Training Course.
  • Training Course - Refers to the specific training course booked as set out in your Order as taught by us at our authorised training academy.
  • Order - An order for a Training Course, contained in your order form, or otherwise.
  • Intellectual Property rights (“IP rights”) - All patents, inventions, trade marks, service marks, logos, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, database rights, domain names, trade or business names, moral rights and other similar rights or obligations whether registerable or not in any country (including but not limited to the United Kingdom)

 

  1. THE CONTRACT BETWEEN US
    • The Order constitutes an offer by you to book a Training Course in accordance with these terms and conditions.
    • The Order shall be deemed to be accepted when we issue written acceptance of the Order (usually by e mail to your designated email address) at which point and on which date the contract between us shall come into existence.
    • The date, type of Training Course and location that the Training Course is due to take place shall be outlined in our written acceptance of your Order.

 

  1. RULES THAT APPLY IF YOU WANT TO TRAIN WITH US
    • We only provide training to Business Customers.
    • Nothing in the contract shall create a contract of employment, a relationship of agency or partnership or a joint venture between you and us and accordingly you shall not be authorised to act in the name of, or on behalf of, us or otherwise bind us in any way.
    • Once you complete a Training Course, you will receive a certificate stating that you have attended the course. When you have sent us a portfolio of 10 clients along with your personal development action plan (PDAP) and we approve your work we will send you your Certificate of Completion.
    • If you are unsuccessful on the Training Course, we will, acting reasonably although at our discretion, allow you to attend further training with us within a 12 month period at no additional cost.
    • It is your responsibility to assess whether our Training Course is suitable for your personal needs. If you have any concerns regarding our facilities or the suitability of our training for you please contact us on 08458 625 253 or email: info@icreateacademy.com and we will discuss your options with you.

 

 

  1. PRICE AND PAYMENT
    • The price for a Training Course shall be the price set out in the Order.
    • If payment is not taken in full at the time of booking, we require 50% to be paid at the time of booking with the balance to be paid a minimum of 14 days before your chosen Training Course commences to secure your place on your chosen course date.
    • If you fail to complete payment prior to your chosen Training Course commencing or you fail to attend a Training Course then any deposit or other monies paid will not be refundable and the balance of any payment due will become immediately payable by you.
    • In respect of the Training Course, we will send you an invoice with the Order.
    • All payments for Training Courses must be paid in full prior to the course delivery date. Any outstanding payments for Orders will be due 14 days prior to the course delivery date. All Training Course related materials will only be dispatched after we have received full payment for the course. We reserve the right to refuse entry onto a Training Course if we have not received full payment from you.
    • We reserve the right to withhold issuing any certificates if our fees are unpaid whether in full or in part.

 

  1. CANCELLATION AND TRANSFERS
    • Please note that the booking of the Training Course and these Terms create a legally binding contract between us.
    • We do not offer any refunds so neither the deposit or any balance are refundable. We will however, at our discretion but acting reasonably, arrange to transfer your booking to another Training Course in extenuating circumstances. This cannot be guaranteed, but we will assist where we consider it reasonable to do so.  A payment of a £50 administration fee may apply in these circumstances.
    • All transfer requests should be made at the earliest opportunity, put in writing and be sent via email to info@icreateacademy.com or by post to our registered office at ICREATE Company Ltd, 8 Station Road, Llanelli, SA15 1AL.

 

  1. LIMITATION OF LIABILITY AND DISCLAIMER
    • Nothing in this Agreement shall limit or exclude our liability for:
    • Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
    • Fraud or fraudulent misrepresentation;
    • Breach of the terms implied by section 12 of the Supply of Goods and Services Act 1982;
    • We shall under no circumstances whatsoever 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 these Terms and/or  contract;
    • Our total liability to you in respect of all other losses arising under or in connection with the Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the cost of the Training Course.
    • Attendance by you onto a Training Course, including successful completion and receipt of any certificate, does not provide a guarantee of workmanship, performance or quality or status during future endeavours and we accept no liability therein. For the avoidance of any doubt, we accept no liability for treatments by you or by persons under your direction or control on models or customers or any person whether during the Training Course or subsequently.

 

 

  1. FORCE MAJEURE
    • Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 4 weeks, the party not affected may terminate this agreement by giving 14 days’ written notice to the affected party.

 

  1. COPYRIGHT
    • All IP Rights and the right to sue for passing off remain with us and you are not authorised to take copies of any course materials. In the event of any breach of our IP Rights, you agree to indemnify us for any and all associated legal and related costs and damages.

 

 

  1. COMPLAINTS AND YOUR FURTHER RESPONSIBILITIES
    • Any complaints should in the first instance be made to us and we will do our best to resolve them. Any complaints should be kept confidential.  If you make or publish (or cause to be published) any defamatory statements about us or any of our employees or associates to any third parties (whether through the use of social media or otherwise) we reserve the right to claim damages against you and you agree to indemnify us for any and all associated legal and related costs and damages.
    • You shall not use or procure our name in connection with your own or any other name in any way calculated to suggest that you continue to be connected with us or in any way hold yourself out as having such connection.
    • We reserve the right to withhold issuing any certificates or revoke issued certificates where you have breached the Terms of this contract and/or in circumstances where in our reasonable view you have brought or have caused to have brought the Training Course, us or any of our employees or associates into disrepute. In such circumstances no refunds will be made and you agree to indemnify us for any and all associated legal and related costs and damages in pursuing any related claim.
    • Under the Local Government (Miscellaneous Provisions) Act 1982, as amended, local authorities are responsible for regulating and monitoring businesses offering cosmetic body piercing to include ear piercing), permanent tattooing, semi-permanent skin colouring (micropigmentation, semi-permanent make-up and temporary tattooing), electrolysis and acupuncture. Under all current legislation it is a criminal offence to trade without registration (licensing) or to be in breach of the relevant byelaws. Different local authorities may adopt their own interpretation of the legislation and it is your responsibility to comply with and keep yourself updated with all relevant legislation and we accept no liability whatsoever for any loss or damage arising from your failure to do so or for any enforcement action brought against you.

 

  1. MISCELLANEOUS
    • If any court or competent authority finds that any provision of the Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms shall not be effected.
    • The Terms and any dispute or claim arising out of or in connection with them 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 and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).