TERMS AND CONDITIONS
RELATING TO THE ‘EPIBROW’ PROFESSIONAL TRAINING COURSES INTERPRETATION
1.1 Definitions. In these Conditions, the following definitions apply:
Booking Confirmation: the confirmation sent by the Delegate setting out the name, address, date of birth and telephone number of the individual(s) due to attend the Training Course;
Charges: the charges payable by the Delegate for the supply of the Services in accordance with clause 5;
Commencement Date: has the meaning set out in clause 2.2;
Conditions: these terms and conditions as amended from time to time in accordance with clause 11.6;
Contract: the contract between Naturally Yours T/A Epibrow and the Delegate for the supply of Services in accordance with these Conditions;
Delegate: the person or firm who purchases Services from Naturally Yours T/A Epibrow;
Deposit: the sum specified by Naturally Yours T/A Epibrow in order to secure a place on the Training Course;
Epibrow Product Range: the range of Epibrow products owned and managed by The Naturally Yours T/A Epibrow and any new products The Naturally Yours T/A Epibrow may introduce from time to time;
Intellectual Property Rights: all intellectual property rights including trade marks, service marks, trade, business and domain names, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered in any part of the world.
Order: the Delegate’s order for Services as set out in the Delegate’s application form which can be found at www.epibrow.com accompanied by payment of the Deposit;
Services: the services comprising of the delivery of the Training Course supplied by Naturally Yours T/A Epibrow to the Delegate;
Naturally Yours T/A Epibrow: Naturally Yours T/A Epibrow t/a Epibrow whose registered office is at 5 Newton Place, Glasgow, G3 7PR;
Training Course: the ‘EPIBROW’ professional training course to be provided by Naturally Yours T/A Epibrow.
1.2 Construction. In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(c) a reference to writing or written includes faxes, e-mails , texts
2. BASIS OF CONTRACT
2.1 The Order constitutes an offer by the Delegate to purchase Services in accordance with these Conditions.
2.2 The Order shall only be deemed to be accepted when Naturally Yours T/A Epibrow issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
2.3 The Contract constitutes the entire agreement between the parties. The Delegate acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Naturally Yours T/A Epibrow which is not set out in the Contract.
2.4 Any samples, drawings, descriptive matter or advertising issued by Naturally Yours T/A Epibrow, and any descriptions or illustrations contained in Naturally Yours T/A Epibrow’s training materials, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.5 The Delegate agrees that the Deposit is non-refundable but that the Deposit may be transferred to alternative Training Courses in the sole discretion of Naturally Yours T/A Epibrow.
3. SUPPLY OF SERVICES
3.1 Naturally Yours T/A Epibrow shall supply the Services to the Delegate in accordance with these Conditions.
3.2 Naturally Yours T/A Epibrow shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Naturally Yours T/A Epibrow shall notify the Delegate in any such event.
3.3 Naturally Yours T/A Epibrow warrants to the Delegate that the Services will be provided using reasonable care and skill.
3.4 Upon completion of the Training Course, Naturally Yours T/A Epibrow shall provide the Delegate with a certificate demonstrating successful completion and ability to use the Epibrow Product Range.
4. DELEGATE’S OBLIGATIONS
4.1 The Delegate shall:
(a) ensure that the terms of the Order and the Booking Confirmation are complete and accurate;
(b) co-operate with Naturally Yours T/A Epibrow in all matters relating to the Services;
(c) behave in a manner acceptable whilst on the premises of Naturally Yours T/A Epibrow and at all times follow the instructions of the individual delivering the Training Course; and
(d) not make any negative or defamatory comment or statement (either verbally on social media or otherwise) regarding Naturally Yours T/A Epibrow, the Epibrow Product Range or the Training Course (which for the avoidance of doubt shall terminate this Contract with immediate effect with no refund being due and payable to the Delegate).
5. CHARGES AND PAYMENT
5.1 Unless otherwise agreed in writing, Naturally Yours T/A Epibrow shall invoice the Delegate in full at the time of booking and at least 30 days prior to the Training Course start date.
5.2 The Delegate shall pay each invoice submitted by Naturally Yours T/A Epibrow:
(a) within 14 days of the date of the invoice; and
(b) in full and in cleared funds to a bank account nominated in writing by Naturally Yours T/A Epibrow, and time for payment shall be of the essence of the Contract.
5.3 Without limiting any other right or remedy of Naturally Yours T/A Epibrow, if the Delegate fails to make any payment due to Naturally Yours T/A Epibrow under the Contract by the due date for payment (Due Date), Naturally Yours T/A Epibrow shall have the right to charge interest on the overdue amount at the rate of 2 per cent per annum above the then current Barclays Bank plc’s base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
5.4 The Delegate shall pay all amounts due under the Contract in full without any deduction or set-off.
5.5 Please note before booking any course offered by Naturally Yours T/A Epibrow. That due to our small class numbers, all payments are strictly non refundable. If you cannot attend a training day then 72 hours prior notice in writing is required. In such cases you will be offered the option to reschedule but there will be no refund. If 72 hours has not been given then the full course fee shall be lost and no alternative date offered. In exceptional circumstances and at the discretion of Naturally Yours T/A Epibrow certain late cancellation notices will not result in the loss of course fees. In the event of a genuine reason for cancellation, proof of which may be required, a request for a course transfer may be considered at our discretion.
5.6 Naturally Yours T/A Epibrow is unable to offer refunds for cancellations outside of our control for example adverse weather conditions, terrorist attacks, flooding, industrial action etc. In the event Naturally Yours T/A Epibrow should have to cancel your course for reasons outside of our control, for example tutor illness, or insufficient student numbers, an alternative course date will be offered. Naturally Yours T/A Epibrow are not responsible for any loss of income, accommodation / travel expenses students may occur.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by Naturally Yours T/A Epibrow.
6.2 All materials used by Naturally Yours T/A Epibrow in the delivery of the Training Course are the exclusive property of Naturally Yours T/A Epibrow.
A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 7 shall survive termination of the Contract.
8. LIMITATION OF LIABILITY:
8.1 Nothing in these Conditions shall limit or exclude Naturally Yours T/A Epibrow’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation.
8.2 Subject to clause 8.1:
(a) Naturally Yours T/A Epibrow shall under no circumstances whatever be liable to the Delegate, 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 the Contract; and
(b) Naturally Yours T/A Epibrow’s total liability to the Delegate in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charges paid by the Delegate under the Contract.
8.3 This clause 8 shall survive termination of the Contract.
9.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of the Contract and fails to remedy that breach within 5 days of that party being notified in writing of the breach;
(b) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
(c) the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or
9.2 Without limiting its other rights or remedies, Naturally Yours T/A Epibrow may terminate the Contract with immediate effect by giving written notice to the Delegate if the Delegate fails to pay any amount due under this Contract on the due date for payment.
10. CONSEQUENCES OF TERMINATION
On termination of the Contract for any reason:
(a) the Delegate shall immediately pay to Naturally Yours T/A Epibrow all of Naturally Yours T/A Epibrow’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Naturally Yours T/A Epibrow shall submit an invoice, which shall be payable by the Delegate immediately on receipt;
(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
11.1 Force majeure:
(a) For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of Naturally Yours T/A Epibrow including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Naturally Yours T/A Epibrow or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
(b) Naturally Yours T/A Epibrow shall not be liable to the Delegate as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
11.2 Assignment and subcontracting:
(a) Naturally Yours T/A Epibrow may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
(a) Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party’s main fax number.
11.4 No partnership:
Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
11.5 Third parties:
A person who is not a party to the Contract shall not have any rights under or in connection with it.
Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by Naturally Yours T/A Epibrow.
11.7 Governing law and jurisdiction:
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Scottish law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
11.8 Permanent Cosmetics are a form of cosmetic tattooing where pigment is placed in the dermal layer of tissue. However, retention of the pigment is outwith the control of the practitioner and determined by the immune system of each individual patient, therefore no specific results can be guaranteed.
(a) Due to the nature of the intensive training provided, there is no direct supervision of practical treatments once the course is completed. All students are responsible for their own safety and their models / clients safety during and after the training course. Naturally Yours T/A Epibrow will not accept responsibility for direct or indirect errors, omissions, loss, damage, personal injury or death resulting from treatment or any other form of liability claims as a result of your course enrolement. Any liability that does arise will be limited to the course fee paid.
(b) Naturally Yours T/A Epibrow are not qualified to provide you with advice regarding health problems. If you require such advice, it is recommended you seek the opinion of your doctor or any other medical practitioner. Any holistic health care advice provided by or on behalf of Naturally Yours T/A Epibrow should be treated as in accordance with and not an alternative to qualified health care treatment.
(c) It is the responsibility of the delegate to read their Epibrow Manual prior to attending the course, paying particular attention to the contra-indications to familiarise yourself with them.
(d) Any service a beauty consultant provides constitutes is a contract between the consultant and client / model rather than Naturally Yours T/A Epibrow. We accept no responsibility for breach of contract or negligence caused by a beauty consultant.
(e) It is well-established that beauty consultants use social media to promote their services and to exchange information and experience with other consultants and beauty industry professionals. Naturally Yours T/A Epibrow takes its reputation and public standing very seriously, and will not allow to be sullied, questioned or attacked by any communication or statement that is untrue defamatory and / or damaging. Naturally Yours T/A Epibrow will not hesitate to enforce its civil and legal rights to litigation against those who make defamatory statements and those who pass them on or otherwise spread or publish them whether by social media or otherwise
(f) In the unlikely event your training course with us does not meet with your expectations, please call Naturally Yours T/A Epibrow within 5 days of completing your training for informal complaints. Any formal complaints we take very seriously and must be sent in writing within 14 days of completion. We aim to respond to your complaint within 14 days of receiving it.
I hereby acknowledge that I have read, understood and accepted the foregoing terms & conditions, and I undertake to be bound by those terms and conditions that continue after the training course so far as supply and use of products supplied by Naturally Yours T/A Epibrow are concerned. I understand and accept that the said continuing terms and conditions are binding on me and my employees and agents indefinitely or until recalled or cancelled by Naturally Yours T/A Epibrow or successors. No advice will be offered / support / use of Salon Finder if Epibrow Products are not purchased and used for all Epibrow Treatments including stylist Epibrow Creative artist and all our advanced courses.