- GENERAL INFORMATION
1.1. These Terms and Conditions cover all of Photoion Photography™’s Courses. Before booking a Course, Clients should read these Terms and Conditions carefully. If you find yourself unable to agree to them, then you must not order or use the Courses. If, however, you agree to them unconditionally you may attend the Courses subject always to these Terms and Conditions. By booking Courses or accepting an offer from Photoion Photography™ to deliver the Courses, or by accessing any of the Courses, you indicate your acceptance of these Terms and Conditions. These Terms and Conditions are supplementary to Photoion Photography™’s General Terms which shall remain a condition of membership of the Site or accessing any Courses via the Site.
1.2. Photoion Photography™ may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on the Site. The version of the Terms and Conditions that applies to Courses shall always by the version in force at the time a Course was ordered or an offer from Photoion Photography™ to deliver a Course was accepted.
2.1. In these Terms and Conditions the following words shall have the following meanings, unless the context requires otherwise:
BOOKING CONFIRMATION – Photoion Photography™’s booking confirmation sent in accordance with clause 3.1 which will normally set out the details and timing of the Courses, the Venue and the Fees;
CLIENT – The person who orders Courses or accepts an offer from Photoion Photography™ to deliver the Courses;
DISTANCE SELLING REGULATIONS – Consumer Protection (Distance Selling) Regulations 2000;
Photoion Photography™ – Photoion Photography™, a company incorporated in England with company no.08067255 whose registered address is 14 Lower Marsh, London SE1 7RJ;
FEE(S) – The fee(s) payable by the Client for the relevant Courses as set out in the Booking Confirmation;
GENERAL TERMS – The general terms and conditions to which Membership and use of the Site is subject as available on the Site from time to time;
INTELLECTUAL PROPERTY RIGHTS – Intellectual property rights including, for the avoidance of doubt, patents, copyright, performers rights, rights in databases, design rights, trade marks and trade names whether registered or unregistered and subsisting anywhere in the World;
MEMBERSHIP – Means any registration by the Client with the Site and the connected right to use restricted areas of the Site (if any);
ONLINE COURSE MATERIALS – The Courses Materials made available by Photoion Photography™ and accessible by Users via the Site in support of Courses provided at an offline Venue;
SITE – The website located at www.photoion.co.uk and including the same located at such other domain names nominated by Photoion Photography™ from time to time;
TERMS AND CONDITIONS – These terms and conditions as varied by Photoion Photography™ by posting the amended terms and conditions on the Site from time to time;
TRAINER – The person providing the Courses on behalf of Photoion Photography™.
COURSES – The courses that Photoion Photography™ agrees to provide subject to these terms and conditions as set out in more detail on the site and the booking confirmation
COURSES MATERIALS – Any materials and content provided by or on behalf of Photoion Photography™ as part of the Courses including, without limitation, printed materials, computer disks, CD-ROMS, electronic documents and files and online course materials.
USER – Any and all persons who access the Sites or Courses provided by Photoion Photography™;
VENUE – The third party premises where the Courses are to be provided as indicated in the Booking Confirmation or such other venue which Photoion Photography™ may indicate from time to time;
VENUE PROVIDER – The person or organisation providing the Venue for the Courses on behalf of Photoion Photography™;
VENUE TERMS – The terms and conditions of use of the Venue as set by the Venue Providers.
2.2. In these Terms and Conditions unless the context requires otherwise:
- 2.2.1. Any reference to a clause is to the relevant clause of these Terms and Conditions;
- 2.2.2. Headings are included for convenience only and shall not affect the interpretation of these Terms and Conditions;
2.2.3. The singular includes the plural and vice versa;
2.2.4. Any gender includes the other genders;
2.2.5. Any reference to a statute, statutory provision, subordinate legislation, code or guideline is a reference to such as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation;
2.2.6. Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
2.2.7. Any reference to “in writing” shall include email.
- FORMATION OF CONTRACT
3.1. Courses can be booked online via the Courses booking form on the Site and the arrangements for Courses are subject to Photoion Photography™’s confirmation of the booking whether by email and/or on the booking confirmation screen.
3.2. Notwithstanding any contract formed in accordance with clause 3.1, access to receive or use Courses is dependent on each User accepting and complying with these Terms and Conditions and it is the responsibility of the Client to ensure that all Users accept and comply with these
- TERMS AND CONDITIONS
4.1. In order to access Online Course Materials it may also be necessary for the Client and each User to register with the Site and accept the General Terms.
4.2. These Terms and Conditions shall override any previous or contradictory terms or conditions published by Photoion Photography™ or appearing on the Site.
4.3. Each Client warrants to Photoion Photography™ that it has the full right, power and authority to enter into and perform its obligations under these Terms and Conditions and has not entered into any arrangement which in any way conflicts with these Terms and Conditions or inhibits, restricts or impairs its ability to perform its obligations under these Terms and Conditions.
5.1. Fees are usually payable immediately online at the time of ordering Courses or
by cheque as indicated in the booking section of the Site.
5.2. In the case of Fees which are to be paid by direct debit the Client agrees and acknowledges that the Client will be required to pay the Fees in full regardless of whether the Client subsequently cancels the Course (subject to clause 6 below). Therefore in the event that the Client cancels the Course (subject to clause 6 below) the Client will be required to either continue paying the Fees by direct debit or by an alternative method of payment provided always that all outstanding Fees are paid in full.
5.3. Interest will be charged on any outstanding balance at the rate of four per cent (4%) above the Bank of England base rate from time to time and calculated monthly on any outstanding amount until payment is received.
5.4. In case of non-payment of any sum due from the Client (whether formally demanded or not) or of any other breach or non-observance by the Client of any of these Terms and Conditions, Photoion Photography™ shall have the right to terminate the Client’s access to the Site and Courses immediately without prejudice to the right to recover all sums payable by the Client or to any other right or remedy available to Photoion Photography™.
- CANCELLATION, TRANSFERS AND REFUNDS POLICY
6.1. If you are acting as a consumer, under the Distance Selling Regulations 2000, you have a statutory right to cancel any distance contract (as defined within the Regulations) within 7 days of the date of purchase as long as you have not yet accessed the relevant Courses. Accordingly, you may cancel any contract to purchase Courses during the period up until the relevant Courses are delivered (However, please note that where Courses involve development of bespoke Courses Materials then preparation of said Courses Materials shall constitute the beginning of the delivery of Courses) or the end of 7 days from the date of purchase, whichever is shorter (“Consumer Cancellation Period”). If you are acting as a consumer and validly cancel any contract for Courses within the Consumer Cancellation Period Photoion Photography™ shall refund to you the Fees paid for the relevant Courses. If you are acting as a consumer and cancel any contract for Courses outside the Consumer Cancellation Period, the Fees paid by you for the relevant Courses shall be non-refundable.
6.2. If the Client wishes to cancel any Courses, Photoion Photography™ will offer a full cash refund to the client up to 72 hours before the start of the course. Photoion Photography™ will not offer any refund if the client cancels less than 72 hours before the start of the Course, or if they do not attend. For cancellations less than 72 hours before a Course starts, or during a Course Photoion Photography™ will offer the client Course credit.
6.3. Any future bookings made using the credit created from a cancellation will not be processed as a cash refund no matter when the cancellation date.
6.4 If the date/s of your course are no longer suitable please contact the office and we will transfer the booking to another date. There is no charge for transferring but there is a maximum of three transfers for any booking. If you can no longer make the future course date/s of the third transfer please contact the office and we will provide you with course credit.
- COURSES SERVICES
Photoion Photography™ shall procure that the Courses are provided by the Trainers to the Clients at the Venues subject to these Terms and Conditions.
7.1. Photoion Photography™ will use reasonable endeavours to ensure that the Venue shall be the Venue indicated in the Booking Confirmation, but where this is not possible, Photoion Photography™ reserves the right to procure the use of other Venue(s) or the services of other Venue Provider(s), provided that Photoion Photography™ shall give the Client notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the Client the right to terminate.
7.2. The Client acknowledges that the Venue Providers are separate legal entities to Photoion Photography™ and the Client’s use of the Venue(s) is subject to the Venue Terms which are separate to the Terms and Conditions. The Client shall, and shall ensure that all parties employedorotherwiseengagedbyitorto whomtheClientallowsaccesstotheCourses shallcomplywithallVenueTermsrelatingtotheCourses andtheClient’sattendanceatthe Courses.
7.3. Photoion Photography™ will use reasonable endeavors to ensure that the Venue Providers provide adequate public liability insurance and other relevant insurances but Photoion Photography™ disclaims all and accepts no liability for the Venue
7.4. The Client acknowledges that the Trainers are not employees of Photoion Photography™ and that Photoion Photography™ may, at its sole discretion, procure the services of third parties to provide any part of or all of the Courses.
7.5. The Trainers do not represent Photoion Photography™ and the views and opinions of the Trainers are not necessarily the views and opinions of Photoion Photography™ and Photoion Photography™ disclaims all and accepts no liability for any acts or omissions of the Trainers, or the statements they make or information that they provide.
7.6. Photoion Photography™ will use reasonable endeavours to ensure that any individually named Trainer(s) shall provide the relevant Courses, but where this is not possible, Photoion Photography™ reserves the right to procure the services of suitable alternative Trainer(s), provided that Photoion Photography™ shall giveth Client notice of any such change(s)as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the Client the right to terminate.
7.7. Photoion Photography™ will use reasonable endeavours to ensure that the Courses shall take place on the relevant date(s) and time(s) and at the Venue as agreed, but where this is not possible, Photoion Photography™ reserves the right to alter the date(s), and/or time(s), provided that Photoion Photography™ shall give the Client notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the Client the right to terminate.
7.8. Photoion Photography™ hereby grants to the Client a non-exclusive worldwide license for the duration of the Client’s Membership (if any) to download, store, reproduce, transmit, display, copy, and provide access to the Online Course Materials only to Users who attend the relevant Courses and then only within the Client’s single entity and providing always that they are used only for non-commercial purposes.
7.9. The Client shall not alter or remove any copyright notices or other notices indicating rights in the Courses Materials.
7.10. For the avoidance of doubt, the license granted in clause 6.9 shall not permit the Clienttodo anyofthefollowingwithoutthepriorwrittenconsentofCityAcademy:
7.11. Transfer the license granted in clause 7.9;
7.12. Download, store, reproduce, transmit, display (including without limitation display on any intranet or extranet site), copy, sell, publish, distribute, provide access to or otherwise use the Courses Materials for any purposes other than as set out in clause 7.9;
7.13. Sub-license, rent, lease, transfer or assign any Intellectual Property Rights in the Courses Materials, to any other person, or attempt to do any of the foregoing;
7.14. Disclose the Courses Materials whether in part or in their entirety to any third party, including any associated or affiliated company;
- 7.15. In any way commercially exploit any of the Courses Materials content;
- 7.16. Use the Courses Materials for any unlawful purpose.
7.17. Without prejudice to the generality of clause 7.1, the Client acknowledges and accepts that there may be technical downtime or errors relating to the provision of Online Course Materials. Such downtime or errors may prevent Courses and Online Course Materials being accessed by Users of the Site and Photoion Photography™ shall not be liable if access is delayed, prevented from access or displayed incorrectly by any cause beyond our control including server downtime or errors.
7.18. Although Photoion Photography™ believes the content of the Courses Materials to be accurate, complete and current, to the fullest extent permitted by law, Photoion Photography™ provides all Courses Materials on an “as is” basis and disclaims all warranties regarding the Courses Materials. Further no advice or information given by Photoion Photography™ or its employees, agents, contractors or suppliers shall create any warranty. It is the Client’s responsibility to verify any information before relying on it. Further, the Courses Materials may include technical inaccuracies or typographical errors. Photoion Photography™ may make changes to the Courses Materials at any time.
- YOUR INFORMATION
8.1. “Your Information” is defined as any information you provide to Photoion Photography™ when registering with the Site or ordering Courses or in the process of assisting the arrangement, organisation and preparation of Courses or Courses Materials.
8.2. Your Information and conduct (or any items listed therein) shall not: 8.2.1. be false, inaccurate or misleading;
8.2.2. be fraudulent or involve the sale of counterfeit or stolen items;
8.2.3. Infringe any third party’s Intellectual Property Rights or other proprietary rights or rights of publicity or privacy;
8.2.4. Violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
8.2.5. Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
8.2.6. Be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally restricted material;
8.2.7. Contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
8.2.8. Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;or
8.2.9. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything.
9.1. Without limiting other remedies, Photoion Photography™ may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate any contract for Courses and refuse to provide the Courses to you if:
9.1.1. you breach these Terms and Conditions or the General Terms
9.1.2. Photoion Photography™ are unable to verify or authenticate any information you provide to us;
9.1.3. Photoion Photography™ believe that your actions may cause legal liability for you, our members or us; or
9.1.4. You have a receiver, administrator or administrative received appointed over all or a
substantial part of your assets, or are the subject of any petition for winding up which is not promptly dismissed or issue any notice in connection with the passing of any resolution by its shareholders for your winding-up or are otherwise the subject of proceedings for bankruptcy or enter into an arrangement with your creditors generally or are otherwise unable to pay its debts as they fall due, or otherwise cease trading or if anything analogous occurs in a foreign jurisdiction.
- LIABILITY LIMIT
10.1. Nothing in these Terms and Conditions is intended to limit or exclude any liability on the part of Photoion Photography™ for fraud or for negligence causing death or personal injury or where and to the extent that applicable law prohibits such exclusion or limitation.
10.2. Subject to Clause 10.1 above, in no event shall Photoion Photography™ or its suppliers be liable in contract, tort (including negligence), statutory duty, pre-contract or other representations (other than fraudulent misrepresentations) or otherwise arising out of or in connection with these Terms and Conditions for: (a) direct, consequential, indirect or special loss or damage; or (b) any loss of goodwill or reputation; or (c) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), and in each case whether advised of the possibility of such loss or damage and however incurred including as a result of negligence arising out of or in connection with the Site or Courses.
10.3. Subject to clause 10.1 above our liability in relation to the provision of Courses as per the relevant confirmation of booking pursuant to clause 3.1 shall be limited to a sum equal to the amount paid to us for the Courses in question or £100, whichever is the greater, and Photoion Photography™ shall not be liable for any loss of or damage to any images or text provided to us by you when submitting any booking for Courses, whether online or otherwise.
11.1. You agree to indemnify (and to keep indemnified) on demand, defend and hold harmless Photoion Photography™ and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents incorporated by reference, or your violation of any law or the rights of a third party.
- NO AGENCY
12.1. You agree that you and Photoion Photography™ are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms and Conditions or by your purchase of any Courses.
13.1. All notices required to be served on Photoion Photography™ shall be sent to the contact address stated in clause 1 or to the e-mail address of Photoion Photography™ as set out in clause 1 or as otherwise notified on the Site from time to time for such purpose.
13.2. All notices required to be served by Photoion Photography™ shall be sent to the relevant contact email address supplied to Photoion Photography™ by the Client or as notified by the Client from time to time for such purpose.
14.1. Entire agreement – Each party confirms that these Terms and Conditions and any document incorporated by reference set out all of the terms governing the provision of Courses to the Client and that it takes priority over all previous agreements, arrangements and understandings between them relating to the subject matter of Courses. The Client confirms that it has not relied upon any statement, representation or understanding that is not an express term and shall not have any remedy in respect of any statement, representation or understanding which is not an express term unless made fraudulently.
14.2. Waiver No failure or delay exercise by any party in exercising any right, power or remedy under these Terms and Conditions will operate as a waiver of that or any other right, power or remedy nor will any single or partial exercise by either party of any right, power or remedy preclude any further exercise of any other right, power or remedy.
14.3. Severance To the extent that any provision of these Terms and Conditions is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these Terms and Conditions, it shall not affect the validity, lawfulness or enforceability of the remainder of these Terms and Conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
14.4. Force Majeure A party will not be liable for any failure/delay in performing its obligations under these Terms and Conditions to the extent that this failure is the result of any cause or circumstance beyond the reasonable control of that party including acts of god, war, civil commotion or industrial dispute and that failure could not have been prevented or overcome by that party acting reasonably and prudently. If consequently either party is prevented from performing its obligations for a period exceeding three (3) months then the other party may terminate any agreement for the provision of Courses immediately on written notice.
14.5. Rights of Third Parties Nothing in these Terms and Conditions shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to these Terms and Conditions.
14.6. Further Assurance Each party shall at the cost and expense of the other party use all reasonable endeavours to do all such further acts and things and execute or procure the execution of all such other documents as that party may from time to time reasonably require for the purpose of giving that party the full benefit of the assets, rights and benefits to be transferred to the other party under these Terms and Conditions.
14.7. Governing Law These Terms and Conditions and every agreement for the provision of Courses shall be governed in all respects by English law as if the contract was wholly entered into and wholly performed within England. The parties hereby submit to the exclusive jurisdiction of the English courts.