STANDARD SERVICE TERMS AND CONDITIONS

 

 

 

  1. Definitions and Interpretation

  1. These Terms and Conditions are the standard terms for the provision of Courses by UNDACOVER, and unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract”

means the contract for the provision of Courses, as explained in Clause 3;

“Deposit and/or Cancellation Fee”

means a non-refundable amount included in the Price made to Us under sub-Clause 6.4;

“Price”

means the price payable for the Course;

“Course(s)”

means the course or workshop that is to be provided by Us to you as specified in the course/workshop description and content on the Website;

“Special Price and/or Bespoke Price”

means a special offer or bespoke price payable for Courses which We may offer from time to time;

“Booking”

means your booking for the Course as specified in your submitted online booking or by email for bookings;

“Booking Confirmation”

means Our acceptance and confirmation of your Booking as described in sub-Clause 3.3;

“We/Us/Our”

means Undacover.

“Website”

means the website of Undacover - www.undacover.com

 

“Voucher(s)”

means any Gift Voucher(s) - issued by Undacover- that may be purchased to redeem against Courses/Workshops

 

  1. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, text message or other means.

  1. Information About Us

  1. Undacover, a Sole Trader, whose registered address is  Unit 7, Riverside Park, Wimborne, Dorset,  BH21 1QU 

  1. The Contract

  1. These Terms and Conditions govern the sale and provision of Courses by Us and will form the basis of the Contract between Us and you.  Before submitting a Booking, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

  2. Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Booking constitutes a contractual offer that We may, at our discretion, accept.

  3. A legally binding contract between Us and you will be created upon Our acceptance of your Booking, indicated by Our Booking Confirmation.  Booking Confirmation will be provided in writing.

  4. We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

  1. The main characteristics of the Course;

  2. Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);

  3. The total Price for the Course including taxes if applicable;

  4. The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Course;

  1. Bookings

  1. All Bookings for Courses made by you will be subject to these Terms and Conditions.

  2. All Bookings must be made through Our Website or by email.

  3. By making a Booking and paying a £100 deposit you will be confirming that you have read and agree to these Terms and Conditions. The £100 deposit is non refundable.

  4. You may change your Booking at any time before the Course start date - There is a charge of £30- for the same Course at a later date by contacting Us in writing (please refer to sub-Clause 11.2).

  5. If you change your Course, We will inform you of any change to the Price in writing.

  6. Following a change in the Course date by you and any subsequent increase in Price as notified by Us under sub-Clause 4.5; a re-Booking will not be confirmed until any additional amount has been paid.

  1. Gift Vouchers

  1. Vouchers are available to purchase to values as listed on the Website for any of the Courses as listed on the Website unless stated otherwise, and will be issued to the purchaser.

  2. Vouchers, once issued, cannot be revoked or returned and are non-refundable.

  3. Vouchers are valid for 12 months from the start date.

  4. Vouchers cannot be exchanged or refunded and have no cash value.

  5. Vouchers cannot be used in conjunction with any special promotions, offers or discounts.

  6. Vouchers may not be resold to a third party including through the internet.

  7. A Voucher may not be split and can only be used to purchase one Course.

  8. A Course must be booked before the expiry date as printed on the Voucher but may be taken outside of this period.

  9. Bookings must be made by contacting Undacover at marineupholsterycourses@gmail.com and will be confirmed in writing.

  10. Vouchers may be redeemed against any eligible Course, however, the following options may be taken:

  1. The Voucher may be used to purchase a Course of a greater amount than the value of the Voucher, the difference being made up with an additional payment. The Course will not be confirmed until this extra payment has been received.

  2. The Voucher may be used to purchase a course of a lesser amount than the Voucher value, but no change will be given.

  1. Should a Voucher be lost, stolen or destroyed, a replacement Voucher can only be re-issued to the purchaser following written communication. The original Voucher will be deemed to be void at the point of re-issue.

  2. Cancellation of Course booked with a Voucher:

  1. You may cancel your Booking at anytime up until the Course start date;

  2. If you cancel a Course once it has been confirmed, there will be the option to re-book the same Course at a later date. Otherwise the cancellation policy sub-Clause 5.12.3 will apply;

  3. If you cancel before the start date of the Course, any payments made to Us over and above the Voucher value will be refunded subject to an admin fee of 40%

  4. Please refer to sub-Clauses 7.3 - 7.6 and 7.8 for additional cancellation terms;

  5. Following a cancellation by Us under sub-Clauses 7.5 and 7.6, you will be offered the opportunity to re-book for the same course at a later date. If you choose not to re-book then any payments to Us (including, but not limited to the price of the Voucher) will be refunded as soon as is reasonably possible of Us informing you of the cancellation;

  1. Price and Payment

  1. The Price of the Course will be that shown on the Website and in place at the time of your Booking.  If the Price shown in your Booking differs from Our current Price We will inform you upon receipt of your Booking.

  2. If We quote a Special Price which is different to the Price shown in the current Website price list, the Special Price will be valid if it is part of an advertised special offer, for the period shown in the advertisement. Bookings placed during this period will be accepted at the Special Price even if We do not accept the Booking until after the period has expired.

  3. Our Prices may change at any time but these changes will not affect Bookings that We have already accepted.

  4. The price of each Course includes a non-refundable cancellation fee of 40% of the total course price paid or if you have only paid the deposit this will be non refundable if you cancel. 

 

  1. Cancellation

  1. You may cancel your Booking at any time up until the Course start date.

  2. If you cancel your Booking before the Course start date any payments you have made to Us under Clause 6 (excluding, the non-refundable deposit), will be subject to our cancellation fee of 100% of the course value if you cancel between 21 - 1 days of the course date.

  3. A request that your Booking be cancelled, must be confirmed in writing (please refer to Clause 11).

  4. Once We have begun providing the Course, you are free to cancel the remainder of the Course at any time. No refund of payments will be given in these circumstances.

  5. We may cancel your Booking at any time before We begin providing the Course due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control (please refer to Clause 10).  If such cancellation is necessary, We will inform you as soon as is reasonably possible. Cancellations will be confirmed in writing.

  6. Once We have begun providing the Course, We may cancel the Course and your Booking if We are unable to continue the Course due to the occurence of an event outside of Our reasonable control (please refer to Clause 10).

  7. Following a cancellation by Us you will, in the first instance, be offered the opportunity to re-book for the same course at a later date. If you choose not to re-book then any payments to Us under Clause 6 (including, but not limited to the non-refundable deposit), will be refunded as soon as is reasonably possible of Us informing you of the cancellation.

  8. With regard to sub-Clauses 7.5 and 7.6, We will not be liable to you for any other costs incurred by you as part of the Booking and attendance of the Course due to the Course cancellation.

  9. For additional Cancellation terms booked using a Voucher please refer to Clause 5.

  1. Providing the Course

  1. We will provide the Course with reasonable skill and care, consistent with best practices and standards in accordance with any information provided by Us about the Course and about Us.

  2. We will begin and continue to provide the Course on the date(s) specified in your Booking (and confirmed in Our Booking Confirmation).

  3. We will make every reasonable effort to complete the Course on time (and in accordance with your Booking).  We cannot, however, be held responsible for any delays if an event outside of Our control occurs (please see Clause 10 for events outside of Our control).

  4. We reserve the right to alter/change the Course project/content as described on the Website in line with continuing Course developments and improvements.

  5. We will provide Health and Safety instruction at the beginning of each Course, which by making a Booking, you agree to abide by.

  6. We will provide the Course at all times with regard to Our Health and Safety Policy and Risk Assessments, nevertheless, by making a Booking you accept that you undertake the Course at your own risk.

  7. With regard to sub-Clause 8.6, you are advised, but is not compulsory, to consider taking out insurance cover for Course cancellation, personal belongings and health issues. This is at your own discretion.

  8. Anyone under the age of 18 cannot be accepted on to a Course.

  9. The Courses are currently not suitable for individuals with physical/mobility difficulties that would preclude them from standing and working at a bench.

  1. Our Liability

  1.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

  1. Events Outside of Our Control (Force Majeure)

  1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

  2. If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

  1. We will inform you as soon as is reasonably possible;

  2. Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

  3. If an event outside of Our control occurs and is likely to affect Us providing the Course, We will provide details of alternative dates and availability of Courses for re-booking. However, should you wish to cancel your Booking, you may do so. If you have made any payments to Us under Clause 6 (including, but not limited to the non-refundable deposit)  the payment(s) will be refunded as soon as is reasonably.

  4. If an event outside of Our control occurs once We have begun providing the Course and the Course is unable to continue as scheduled, We will provide details of alternative dates and availability of Courses for re-booking. However, should you wish to cancel your Booking, you may do so. If you have made any payments to Us under Clause 6 (including, but not limited to the non-refundable deposit)  the payment(s) will be refunded as soon as is reasonably.

  5. With regard to sub-Clauses 10.2.3 and 10.2.4, We will not be liable to you for any other costs incurred by you as part of the Booking and attendance of the Course due to the Course cancellation.

  1. Communication and Contact Details

  1. If you wish to contact Us, you may do so by email at marineupholsterycourses@gmail.com

  2. When cancelling or changing a Booking, you must contact Us by email at marineupholsterycourses@gmail.com

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

  1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

  2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy available on the Website.

  1. Other Important Terms

  1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

  2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

  3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

  4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

  5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

  1. Governing Law and Jurisdiction

  1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

  2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence.  Nothing in Sub-Clause 14.1 above takes away or reduces your rights as a consumer to rely on those provisions.

  3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.