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This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the event management services (Services) listed on our website www.newcastlepoledancingschool.co.uk (Site) to you.
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Please read these terms carefully before ordering any Services from the Site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from the Site.
1. Information About Us
www.newcastlepoledancingschool.co.uk is a pole dancing school operating in Newcastle upon Tyne.
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2. Basis of Sale
2.1 The Services consist of the arrangement and management by us of pole-dancing classes and pole parties (Events).
2.2 After placing an order, you will receive an email from us acknowledging that we have received your order. Please not that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Service has been confirmed (Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation.
2.3 Any advice or recommendation given by us to you as to the performance of the Services or availability of an Event is followed or acted upon entirely at your own risk, and accordingly we exclude any liability for any such advice or recommendation to the fullest extent permitted by law.
2.4 We will endeavour to confirm your order within 10 working days of you making your order. If you do not receive Confirmation within this time period, you may consider your order as rejected by us and neither of us will have any further obligations under the Contract and these Terms.
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3. Written Confirmation
We will confirm in writing (which shall be deemed to include confirmation by email) on or before or during performance of the Services, all such information as is required to be provided pursuant to the Consumer Protection (Distance Selling) Regulations 2000 (Regulations).
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4. Availability of Services
4.1 We will make all reasonable efforts to ensure that the Events advertised are available on the dates set out in the Confirmation.
4.2 If the Event you have ordered is unavailable at the date of the order we shall contact you to inform you of the unavailability of the Event and either:
with your consent arrange the Event for a later date; or
inform you that we cannot accept the order and return any payment made, in which case we shall have no further liability to you.
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5.1 The description of the Services and the Event to be provided shall, subject to these Terms, be as specified in the Confirmation.
5.2 You shall be responsible to us for ensuring the accuracy of the terms of any order (including details of all members of your party) submitted by you, and for giving us any necessary information relating to you or the Services on request by us within a sufficient time to enable us to perform the Contact in accordance with its terms.
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6. Cooling-Off Period
6.1 Where you are a consumer within the meaning of the Regulations you shall (subject to clauses 6.2 and 6.3) be entitled (by notice in writing to us) to cancel any order for Services within 7 Working Days of the Contract being formed (the Cooling-Off Period) and to receive a refund of any monies paid within 30 days.
6.2 If performance of the Services has commenced prior to the end of the Cooling-Off Period, you shall not be entitled to exercise your right under clause 6.1 to cancel in respect of such Services.
6.3 Where we supply the confirmation of the information specified in clause 3 during the performance of the Services, the Cooling-Off Period will be extended to 7 working days beginning on the day after the date on which you receive such confirmation.
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7. Price and Payment
7.1 The price of any Services will be as quoted on the Site from time to time, except in cases of obvious error.
7.2 Prices are liable to change at any time, but changes will not affect Services which have already been confirmed and paid for.
7.3 The Site contains a large number of Events and it is always possible that, despite our best efforts, some of the Events listed on the Site may be incorrectly priced. We will normally verify prices so that where an Events correct price is less than our stated price, we will charge the lower amount when confirming the Event to you. If an Events correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before confirming the Event, or reject your order and notify you of such rejection.
7.4 We are under no obligation to provide Services in connection with the Event to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
7.5 Payment for the Services can be made online or cash, or such other means as we may decide from time to time.
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8. Bookings and Cancellations
8.1 In the event an order is placed and confirmed 30 days before the date of the Service to be provided, a deposit of 20% of the total price must be paid on Confirmation, with such deposit being non-refundable.
8.2 The balance of the price must be paid at least 30 days before the date the Service is due and should this payment not be made, the deposit will be retained and any Services ordered will be considered cancelled.
8.3 Where an order is placed and confirmed within 30 days of the date the Event is due, the price will be payable immediately and in full and no refunds will be made from then on.
8.4 Where you decide to cancel a confirmed Event in accordance with these Terms, you must verbally notify us at the earliest opportunity and immediately confirm in writing.
8.5 Subject to clause 6.1, where no cancellation fees will be payable for cancellation of the Services, if you do not reserve an alternative Event within this timescale, we will levy a cancellation charge based on your original order for Services. If this is within 30 days of your Event, the the cancellation charge is 100%.
8.6 Should we, for any reason beyond our control, need to change the order, the Event or the Services, or cancel or delay the provision of the Event or Services, then we will use all reasonable endeavours to offer you an alternative comparable facility at no additional cost or liability. In the circumstances, you may accept the alternative facilities or decided to cancel the order and we will return your deposit and any other monies paid in advance.
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9.1 We undertake to use our reasonable endeavours to ensure that the details and specifications set out on the Site are correct but you acknowledge that errors may occur.
9.2 Any typographical, clerical or other error or omission on the Site or any sales literature, quotation, price list, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
9.3 If any error arises as to the price prior to the us accepting the order in accordance with clause 2.2, we reserves the right to:
if the Services have been overpriced, contact you as soon as reasonably practicable and reimburse the difference; or
if the Services have been underpriced, contact you as soon as is reasonably practicable and invite you to place an order for the Services at the revised price and in the event that you decline to place an order at the revised price we shall be entitled to refuse to accept the your order at the under-priced price and shall reimburse the price to you and we shall have no further liability to you.
9.4 Whilst we believe that all specifications, illustrations, performance data and other information contained in any drawings, advertisements or other specification supplied by us on the Site are as accurate as reasonably possible, they do not constitute a description of the Services and shall not be taken to be representations made by us and are not warranted to be accurate and all statements made in such documents have no legal effect.
9.5 You shall not copy or otherwise reproduce any drawing, advertisements or other documents supplied by us without our prior written consent.
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10. Changes and Alterations
We reserve the right to change or amend the contents of these Terms at any time and for whatever reason provided that notification and details of any changes are posted on the Site and such changes shall be effective 14 days after such posting.
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11. Intellectual Property Rights and Links
11.1 All copyright, trademarks and any other intellectual property rights (whether registered or unregistered) in any of the contents of the Site remain our property.
11.2 You shall not copy, reproduce, transmit, distribute or commercially exploit the contents of the Site other than to download the content on to one computer hard drive for the purpose of personal use only.
11.3 You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us.
11.5 We may provide links from the Site to other websites. We are not responsible for the availability or content of any such Sites. You agree that we will not be liable for any loss or damage whatsoever caused or alleged to be caused by or in connection with your use of any such Sites.
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12.1 We maintain levels of insurance appropriate to the business of our nature including public liability insurance. You should, however, obtain appropriate insurance for your Event to cover you and your party for claims relating to, without limitation, cancellation and curtailment as well as health.
12.2 You agree not to do or allow to be done, anything which may render an insurance policy maintained by us or any third party void or voidable or subject to an increased premium.
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13. Warranties and Liability
13.1 Your statutory rights are not affected by these Terms, further details of which can be obtained from your local trading standards department or Citizens Advice Bureau.
13.2 Subject as expressly provided in these Terms, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
13.3 Except in respect of death or personal injury caused by our negligence or for any matter for which it would be illegal for us to exclude, limit or attempt to exclude or limit our liability, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or otherwise) which arise out of or in connection with the supply of the Services and in any event and so far as is permitted by law our entire liability under or in connection with the Contract shall not exceed the price paid for the Services.
13.4 In no circumstances shall we be liable for any indirect loss or damage suffered by you which happens as a side effect of the main loss or damage, howsoever caused which for the avoidance of doubt shall be taken as including any loss of profits, business revenue, business interruption, goodwill, anticipated saving, overhead and labour costs, loss of business information or other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
13.5 Some of the Events provided as part of the Services will carry a degree of risk to you and in no circumstances will we be liable for any loss or damage caused through your participating in the Event which results from your acts or omissions or those of your party, or which are inherent to the nature of such high risk activity. Furthermore, some Events can be physically demanding and you must ensure you and your party have a reasonable standard of fitness before taking part. You must also advise us, before commencement of the Event, of any medical conditions, allergies or illnesses you or any of your party may have, or any prescribed medication that is being taken and we shall not incur any liability to you or your party which results from your failure to do so.
13.6 No warranty is given as to the accuracy of any information on the Site, and we reserve the right to modify or discontinue at any time the Site without liability to you.
14. Your Obligations
14.1 You will not use the Site for any illegal purpose and will use the Site in accordance with all relevant laws.
14.2 You will not use the Site in such a way that the Site is damaged, interrupted or its functionality is reduced or impaired.
14.3 You will not use the Site so as to infringe the rights of any person or body (including but not limited to rights of confidentiality or intellectual property rights).
14.4 You agree to behave in a safe and considerate manner at all times and must adhere to any conditions and instructions given by the suppliers of the Services. Any breach of these will result in an immediate cancellation of all or part of your order, and we will be under no obligation to provide a refund of any payments made.
14.5 You acknowledge that certain accommodation and suppliers of the Services may insist on a behavioural bond to be deposited by you on arrival, and we would suggest you obtain a receipt of this. We will not be liable for the consequences or your arrangements if such bond is not made.
15. Data Protection
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16. Customer Restrictions
16.1 We welcome parents and guardians buying products on behalf of younger customers.
16.2 Orders are not accepted from people under the age of 18. By placing an order you represent that you are over 18.
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17. Rights of Third Parties (exclusion)
No term of this Contract shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
Either party may at any time assign, transfer, charge or deal in any other manner with this Contract or any of its rights under it, or sub-contract any or all of its obligations under it.
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19. Entire Agreement
19.1 These Terms and Contract constitute the entire agreement and understanding of each of us relating to the subject matter and superseded all and any prior understandings, undertakings and provisions between us in relation to such subject matter.
19.2 Nothing in this clause 19 shall operate to limit or exclude any liability for fraud.
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21.1 If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
21.2 If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
22. Governing Law and Jurisdiction
22.1 The Contract shall be governed by and construed in accordance with the law of England and Wales.
22.2 Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Contract.