TERMS OF SERVICE

This Terms of Service was published on 13/03/2022 and last updated on 13/03/2022.

YOUR ATTENTION IS HEREBY DRAWN TO SECTION 18 AND SECTION 10.

OVERVIEW

This website is operated by Fay Beck Studio Limited (Hereinafter referred to as “Fay Beck Studio” “we” “our platform” “our website/site” and/or “us”), a company having its registered office at 99 Fieldgate Street, Unit 4, Feather Mews, Whitechapel, United Kingdom, E1 1DH. We are registered in the United Kingdom and are trading under www.faybeckstudio.com (including all other avenue through which our services is available) , (individually and jointly referred to as “the site” or “our website” or “our platform”)

Throughout the site, the terms “we”, “us” and “our” refer to Fay Beck Studio Limited. We offer this platform, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing our Services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink including but not limited to our Privacy Policy, and Cookies Policy. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, Content and/ or contributors of Content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of our platform, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access our platform or use any of our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Regarding any issue related and connected to this Terms of Service, we can be contacted at info@faybeckstudio.com . We have a dedicated team who would endeavour to respond to your email as soon as possible. Please be informed that we are only able to give clarifications and explanations, We are not able to provide legal advice.

Any new features or tools which are added to the current platform are also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our platform. It is your responsibility to check this page periodically for changes. If you are registered on our platform, we will endeavour to give you notice of any amendment to these Terms of Service. However, this does not take away your obligation to check our Terms of Service page before transactions or use. Your continued use of or access to our platform or Services following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - DEFINITIONS AND INTERPRETATIONS

  1. As used in this Terms of Service, the following words and terms shall have the meanings ascribed to them below with words in the singular deemed to include those in the plural and vice versa:
    1. Account – means a Fay Beck Studio profile set up by a User to manage his/her activities on our Platform.
    2. Order Confirmation – is an email you receive after you make an Order with us which includes the details of your Order.
    3. Fay Beck Studio – means Fay Beck Studio Limited, a company registered and located in the United Kingdom, which can be contacted on our Contact Page or at courses@faybeckstudio.com
    4. Force Majeure Event – means the events described in Section 19.
    5. My Account – A page where registered Users can view details of their activities on our Platform. These include but are not limited to order details, saved items, etc.
    6. Order or Booking – means when you make an offer to purchase a product or service on our Platform. This is done by following our Order making process. Your Order is not completed till you receive the Order Confirmation from us. The use of Order also includes completed orders, when the context allows.
    7. Our Content – includes those contents provided to Users by Us, which is related or connected to our services or activities on our Platform.
    8. Our Platform – Includes all avenues in which our services can be accessed and used. This includes but is not limited to http://faybeckstudio.com , any of our services, etc.
    9. Our Website or Site – http://faybeckstudio.com and all of our services.
    10. Party – means either User as defined in 1(o) or Fay Beck Studio as defined in 1(c).
    11. Parties – means both Users as defined in 1(o) and Fay Beck Studio as defined in 1(c)
    12. Product – means any item displayed or purchased on our Platform or any of our services as displayed on our website/Platform.
    13. Services – means all services and Products [as defined in 1(i)] provided, sold and extended by Fay Beck Studio to Users.
    14. Terms of Service – means this “Terms of Service” together with the terms incorporated by reference, all as may be amended, varied or supplemented from time to time by Fay Beck Studio in accordance with Section 21(e).
    15. User(s) – any person using our Platform including but not limited to Platform visitors, registered Users or any person using our Services or Platform for whatsoever reason.
    16. User Content – means any content provided by the persons who fall under the category in 1(o) above.
    17. User settings – A page where User(s) can add or edit their personal information, view order details, change password, address and payment information, etc.
    18. You – means the same thing as “User” as described in 1(o)
  2. References
    Any reference to a statutory provision shall be construed as a reference to:

    1. Any statutory modification or re-enactment thereof (whether before or after the date hereof) for the time being in force;
    2. All statutory instruments or orders made pursuant thereto; and
    3. Any statutory provisions of which that statutory provision is a re-enactment or modification.
    4. Any reference to a document or this Terms of Service shall include a reference to any amendment, replacement, notation or supplement to that document or this Terms of Service but excluding any amendment replacement, notation or supplement made in breach of this Terms of Service.
    5. Any reference to a party, (who can either be Users or Fay Beck Studio collectively and individually) to this Terms of Service includes a reference to that Party’s successors and permitted assigns.
    6. Words denoting the singular shall include the plural and vice versa.
    7. Words denoting persons shall include corporations, firms and organisations and vice versa.
    8. Words denoting any gender shall include all genders.

SECTION 2 - PRODUCT AND SERVICES

  1. We are an online platform providing online drama and acting training services, corporate coaching, career coaching and life coaching for actors, artists and business organizations. Access to our platform is on an “as available” basis.
  2. Fay Beck Studio provides the following Services, including but not limited to;
    1. Classes,
    2. Workshops,
    3. Short Courses,
    4. One-on-one Coaching
    5. Masterclass
    6. And all other services listed on our website.
  3. Acceptance of any Service shall be deemed to have taken place upon Purchase.
  4. Each Product and Service offered by us may be accompanied by Individual Teaching Terms, which will be listed on the relevant booking page.
  5. Our Products and Services are sold online via our Website.
  6. Restriction on Products and Services – We reserve the right to refuse Products and Services to anyone, for any reason at any time. Restrictions do not apply if you have been invited by us to participate in our Services.
  7. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by;
    1. Drama teachers,
    2. Trainers,
    3. Instructors,
    4. Acting coaches,
    5. Personal development teachers,
    6. Life coaches,
    7. Instructors,
    8. Meisner Technique teachers/coaches/instructors/trainers.
  8. If you study, teach or fall within the above list in any relevant or reasonable capacity, at another school or with any other teacher, you must immediately contact us prior to booking any Product or Service.
  9. You acknowledge that our platform is an evolving one and that the form and nature of our platform, including the Services, may change from time to time.
  10. We will take all reasonable steps to ensure that access to our Services is available at all times, however, our website may be unavailable for upgrade and maintenance purposes.
  11. You agree that we do not bear any liability from any loss of data, business opportunity or Content due to the scheduled maintenance, unplanned outages or malfunctioning of our platform.
  12. If you have any questions or complaints regarding our service, you can reach us through the information contained in our contact us page or at info@faybeckstudio.com.
  13. You hereby agree that neither our Services, our platform, nor any part of our platform constitutes a definite advice to success or suggestion to a given end result. They are just general information put out for information purposes only.
  14. We will take reasonable steps to ensure that our Content(s) and service(s) are functional and that they work; however , we do not make any express or implied warranty, guarantee or representation that it will be functional and up to date. We are not responsible for any user Content and those Content do not reflect our opinion or values.
  15. By using our Platform, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.
  16. We sell our Services worldwide. However, some restrictions are placed on the extent to which we accept orders from certain countries. Please find out the restrictions applicable to your country before using our Platform.
  17. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  18. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities.
  19. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. These restrictions may include orders placed by or under the same User’s account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, coaches, life coaches, acting coaches, drama teachers, instructors, resellers or distributors.
  20. All descriptions of service or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
  21. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  22. We reserve the discretion and right to terminate, monitor, suspend, delete or ban the Account of any User on our Platform. We have no obligation to give any reason or explanation for such action. We take these actions for the benefit of our Platform.
  23. A breach or violation of any of the Terms will result in an immediate termination of our Services to you.

SECTION 3 - OBLIGATIONS OF USERS

We give to all our Users a limited, non-exclusive, non-transferable, and revocable license to use our Platform and services for the purchase of goods and services displayed on it. However, this right of use is subject to this Terms of Service and the following restrictions:

  1. You agree that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.
  3. Users agree that we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
  4. Users agree that Our Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
  5. Users must not spam or distribute viruses or any software/program that affects the proper functioning of any equipment or the use of our Platform. Users must not engage in activities that are detrimental to our Platform or its functionality. Users shall not take actions to bypass our security measures or gain unauthorised access to our Content or any other User’s Content, reverse engineer or take apart any of our services or Platform.
  6. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
  7. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
  8. You must not transmit any worms or viruses or any code of a destructive nature.
  9. Users agree that Fay Beck Studio is not responsible for any loss or damages arising from the failure to comply with Section 3(a) – 3(j) above. Fay Beck Studio may terminate, suspend or take any action against your Account for violation of any part of this Terms of Service.

SECTION 4 – ACCOUNT REGISTRATION

  1. To use our Services, you need to have opened an account with us.
  2. When you set up an Account with us, you represent that you are at least the age of majority in your country, state or province of residence to visit our Website or open an Account with us.
  3. We collect selected information when registering an account with us. The safety and protection of your information are managed in accordance with our privacy policy.
  4. You are obligated to provide accurate and complete information when registering an account on our website or when interacting with us through any means whatsoever. It is your responsibility to provide accurate information to us at all times. You must ensure that your account is updated and accurate at all times.
  5. You are solely responsible for any and all activities which occur under your Account.
  6. The confidentiality of your account and its activities are your sole responsibility. Any suspicion of any unauthorised use of your account should be reported to us immediately by sending an email to info@faybeckstudio.com . Fay Beck Studio is not liable for any loss or damages from any unauthorised use of your account by another person. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account.
  7. As a user, you hereby represent that you are not impersonating another person or being fraudulent. You undertake that you will not use anyone else’s account or solicit, collect or use the login credentials of other users.
  8. As a user you must refrain from carrying out criminal activities with your account , violate any law, breach a contract or a legal duty, offer illegal rewards, violate our Terms of Service and all our other policies.
  9. You agree to not share your account (or account details) with anyone else, or sell, transfer, license or assign your account or any account rights to third parties.
  10. Should your account be banned by us, you are not entitled to create a new account to access the website.
  11. We reserve the discretion and right to terminate, monitor, suspend, delete or ban the account of any user on our website. We have no obligation to give any reason or explanation for such action. We take these actions for the benefit of our website.
  12. Users can delete their Account or the use of our Platform or any of our services either through the User Settings or by sending us an email at info@faybeckstudio.com . Please note that deleting your Account does not delete your Content. We may need to keep certain Users’ contents for business reasons and legal compliance purposes. Please read our privacy policy for more information.
  13. If you request to delete your account when a course you paid for is still on-going, you will still be allowed access until the end of the course unless you confirm in written form that you would like to delete your account regardless. Please note that in this case, you are not due a refund and we are unable to refund you the payment made.
  14. You agree that we are not responsible for any loss or damages arising from the failure to comply with section 4(a) – 4(m) above. We may terminate, suspend or take any action against your account for violation of any Terms of Service.

SECTION 5 – MAKING ORDERS

  1. The acceptance of orders placed on the Website is subject to compliance with the procedure set up by Fay Beck Studio. This takes the form of a checkout process for Users to complete their Order. You will have the possibility, before final validation of your Order, to verify the order details and the total price, and to correct any possible errors before confirming it and expressing your acceptance. Every confirmed Order applies as a sale contract and an acceptance of all the present stipulations.
  2. Fay Beck Studio is entitled to refuse any order made by a User with whom a dispute exists in connection with the payment of a former order, as well as any order that is not compliant with these general terms of sale.
  3. Once you have completed your Order, Fay Beck Studio will promptly confirm receipt by sending you an email to the address provided to us. In that aim, you formally accept the use of email by Fay Beck Studio to confirm the Content of your Order. For each Service, you will also receive, upon delivery, written confirmation of the price paid and of the shipping fees applicable to you.

SECTION 6 – HOW THE ORDER CONTRACT IS FORMED BETWEEN YOU AND US

  1. After placing an order, you will receive an email from us acknowledging that We have received your Order(Order Confirmation). This email will include the course details, the items in the order, accepted price and terms of payment with an indication. Your Order constitutes an offer to us to buy a Service. All orders are subject to availability and acceptance by us. We reserve the right to reject any order for any reason we deem fit. The order rejection notice will be communicated to you
  2. Your Order will not be processed until payment for the Order has been received in full in the manner stipulated in Section 7.
  3. The Contract between us (“Contract”) will only be formed when We send you the Order Confirmation.
  4. If you make a mistake with your Order, you may be able to correct any mistakes made by emailing us in line with our cancellation provisions in Section 10.
  5. When making an order, you warrant that all details you provide to us requesting our Services are true and accurate, that you are an authorised user of the credit or debit card or the payment medium/account used to make your Order. You also warrant that there are sufficient funds to cover the cost of the Services ordered. You hereby agree that it is your responsibility to inform us of any changes to these details as soon as possible.

SECTION 7 – TERMS OF PAYMENT

  1. The total price of the Order is mentioned in the cart and on the order summary page.
  2. Fay Beck Studio reserves the right to modify the prices at all times but the prices invoiced to You are those applicable on the date of the Order, subject to stock availability.
  3. Payment shall be made by You using the mediums and payment channels stipulated on our Platform. Our Payment medium includes Stripe, Woocommerce , Paypal, etc. Please note that unless a payment channel is available on our Platform, they are not acceptable to us. Please note that the use of any payment medium might attract extra charges from the payment provider, this will be communicated to you before the payment medium is used. You will pay for such additional charges. Data registered and saved by Fay Beck Studio act as proof of Order and of all transactions done.
  4. Payment shall not be deemed to have been made until we have received cleared funds in respect of the full amount of your Order.
  5. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  6. Our Platform contains a large number of Products and Services, and it is always possible that, despite our best efforts, some of the Services listed on our site may be incorrectly priced. We will normally verify prices prior to acceptance so that, where a Service’s price is less than our stated price, we will charge you the lower amount. You agree that if a Service’s correct price is higher than the price stated on our Platform, we will normally, at our discretion, either contact you for instructions or reject your Order and notify you of such rejection.
  7. You hereby also agree that We are under no obligation to provide any Service to you at the incorrect (lower) price, even after we have sent you an Order Acceptance Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
  8. There are circumstances where we offer rewards, discounts or promotion codes. Please note that discounts are subject to the provisions of Section 8
  9. If you become aware of fraudulent use of your payment card or information on our Platform, or if it is lost or stolen, you must notify your card provider in accordance with the applicable reporting rules.

SECTION 8 – DISCOUNTS

  1. From time to time, we may offer consumers “discount codes”, “promotional codes”, “promo codes”, or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Website, subject to certain exclusions or any other restrictions as may be determined and communicated by us.
  2. Only valid offer codes provided or promoted by Fay Beck Studio will be honoured at checkout. Codes supplied or promoted by third-parties unauthorised by us (including any unauthorised third party websites) will not be considered valid.
  3. Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us. Offer codes may not be combined and Users are limited to the use of a single offer code per Order. For online purchases, the code must be entered in the ‘coupon code’ field prior to checkout.
  4. We are not responsible for lost, stolen or corrupted codes or any unauthorised use of codes.
  5. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honoured.
  6. From time to time, we may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivised to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by us for their statements.

SECTION 9 - PROHIBITED USES, CODE OF CONDUCT AND LATENESS

  1. Prohibited Uses – In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its Content:
    1. for any unlawful purpose.
    2. to solicit others to perform or participate in any unlawful acts.
    3. to violate any international or local rules, laws, or ordinances.
    4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
    5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
    6. to submit false or misleading information.
    7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
    8. to collect or track the personal information of others.
    9. to spam, phish, pharm, pretext, spider, crawl, or scrape.
    10. for any obscene or immoral purpose; or
    11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
  2. Code of Conduct –
    1. Being under the influence of drink or drugs during class hours will not be tolerated under any circumstances and may result in the student’s immediate dismissal.
    2. We expect all Users to conduct themselves at all times in an orderly manner, respecting the rights, privacy and property of others.
    3. Due to the nature of the class work, which may include discussion of age-appropriate themes, use of adult language, watching performances that may contain nudity and the use of age appropriate materials and props, students will be required to demonstrate high levels of maturity whilst participating in their classes.
    4. We reserve the right to remove any User from a course with immediate effect if they are found to be in breach of this Code of Conduct, or their behaviour is such that results in impeding the progress of other participants.
    5. You agree to our Code of Conduct Policy
  3. Attendance and Lateness
    1. If you are late, or reasonably believe you will be late attending a Service, you have a duty to notify the relevant teacher/employee immediately by messaging.
    2. You agree that we are not responsible for loss of instruction hours due to your lateness

SECTION 10 – CANCELLATION AND YOUR RIGHTS AS A CONSUMER

  1. If you are contracting as a consumer, you may cancel a Contract at any time within seven days, beginning on the day after you received the Order Acceptance Confirmation.
  2. If you are a User in the United Kingdom or the European Economic Area, You have the right to cancel your order for a product within fourteen (14) days from the day after you make the Order. However, if the date of performance (i.e start of the course) is less than 14 days from the day of order, the cancellation timeline below becomes applicable.
    1. Classes, Short Courses& Workshops: We will only cancel and refund you if you notify us before seven days of the Short Course start date.
    2. Masterclasses: These are not subject to the right of cancellation. You hereby agree that we you are purchasing a digital content product and that it should be made available to you immediately at purchase. By making this available to you immediately, you hereby waive your right of cancellation.
    3. One-on-one sessions: We will only cancel and refund you if you notify us before seven days of the session start date.
  3. Cancellation must be made by e-mail. You may not cancel by telephone. If you do cancel, you must: state your name, address, the e-mail address associated with your profile. Any cancellation notice should be sent to  courses@faybeckstudio.com with the subject matter – Cancel [Insert Order Number]
  4. If you cancel or request cancellation outside the Cancellation Period and the Cancellation Policy stated in this clause 10, You will be obligated to make all the payments due for the services(s) or we will be entitled to seek repayment by available legal means, specifically but not limited to that which is contained in 7(c).
  5. It is only when cancellation is made within the cancellation period in this section 10 that you are entitled to a refund which will be made to your original medium of payment within 14 days of cancellation. Your refund will be minus registration fees and Cancellation Charges as stated in 10(f) and 10(g). For every cancellation, we incur bank charges and transaction costs from our payment partners (Cancellation Charges). We will deduct this cancellation charge from any refund made to you.
  6. We reserve the right to cancel any of our Services if we have not filled the requisite number of quotas for a particular class, course or workshop. If we cancel a Service for the reason stated in this clause 10 (g) we will refund all payments received from you for the Service.
  7. All Bookings for all Products and Services are not transferable.

 

SECTION 11 -MODIFICATIONS TO THE SERVICE AND PRICES

  1. Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
  2. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 12 - INTELLECTUAL PROPERTY PROVISIONS

  1. Fay Beck Studio’s Intellectual Property – Our Content, Services, trademark and everything on our website are protected through various intellectual property laws including but not limited to copyright, trademark and all other available protections under the Laws of the United Kingdom.
  2. By using our website, you covenant that you will respect our intellectual property and not adapt it or create derivative works off our Contents.   We only grant you a limited, temporary, non-exclusive, non-transferable right to use and access our Content. You cannot and should not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt or copy any of the Content on our website unless you get written permission from us.
  3. By using this website and our Services, you acknowledge and agree that Fay Beck Studio, and its suppliers, own all right, title and interest in and to the Services, our website, its Contents and any and all copyrights, trademarks, patents, trade secrets and any other intellectual property and proprietary rights therein. The Fay Beck Studio marks and logo, and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of Fay Beck Studio and may not be used or modified in any manner without the prior written consent of Fay Beck Studio. Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to our website,  Services, existing now or in the future including but not limited to all Fay Beck Studio’s Content and any other computer programs, source and object code, documentation, software graphics, text, images, designs, animations, databases, logos, domain names, trade names and trade identities are the property of Fay Beck Studio, its subsidiaries, affiliates and/or licensors. Unless expressly granted in writing by Fay Beck Studio, no rights in or to the Content except those expressly set forth within this Terms of Service are granted to you. All Fay Beck Studio’s software applications and Content are licensed, not sold, to you, and Fay Beck Studio and its licensors retain ownership of all copies of the Content even after installed on your personal computer, mobile handsets, tablets, and/or other relevant devices.
  4. You shall not take actions to bypass our security measures or gain unauthorised access to our Content, reverse engineer or take apart our Services or website.
  5. We have the right and discretion to limit or revoke this limited licence to use.
  6. Users’ Intellectual Property – You agree that you will be totally responsible for all the user Content you create using our Services. You warrant that you have the right to create the user consent and that you have the right to all materials Used for the creation. All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licensed by the User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties. Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon another user’s Content without first obtaining the express consent of the user to whom the user Content in question belongs.
  7. You agree that you will be liable to us to the extent permissible by law for the breach of the warranties in this section 12(f). You will be responsible for any damages to us or any third Party for the breach of the warranties in section 12(f)
  8. You grant a non-exclusive, global, no borders, perpetual, irrevocable, royalty-free, sub-licensable, and transferable right to use of user’s Consent to us who can exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. Also, in conjunction with the exercise of such rights, you grant us the right to identify you as the author of any of your postings or submissions by name, email address or screen name as we deem appropriate.
  9. You hereby also grant us the right to edit, amend, make changes, translate, format or even delete any Users’ Content as it deems necessary and appropriate.
  10. You covenant, represent and warrant that they have the right and licence to confer the rights in 12(h) and 12(i) on us. You also warrant that they have not infringed on any third party’s (intellectual, privacy, human, proprietary, confidentiality or any other rights) rights.
  11. As a user, you further warrant that We are not required to obtain any licence, consent, make any payment or obtain any permission from any third party to use any of your Content on our website. You agree that We do not have any liability for the use of any of your Content.

SECTION 13 - OPTIONAL TOOLS AND THIRD-PARTY LINKS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Also, certain content, products and services available via our Service may include materials from third parties.

  1. You acknowledge and agree that we provide access to such tools, contents, products and services” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
  2. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Please always ensure to check the Terms and Policies of the third party.
  3. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
  4. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
  5. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practises and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  6. The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

SECTION 14 - USER COMMENTS, FEEDBACK, UNSOLICITED OPINIONS AND OTHER SUBMISSIONS

  1. You agree that all unsolicited comments and advice are non-confidential and non-proprietary. An irrevocable, worldwide, transferable and royalty-free licence to use, exploit, distribute and display the unsolicited advice or communication is hereby granted to us
  2. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 15 - PERSONAL INFORMATION

Your submission of personal information through the store or our Platform is governed by our Privacy Policy and Cookies Policy

 

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS

  1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order).
  2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND INDEMNITY

  1. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
  2. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE.
  3. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE(S) FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE(S) AT ANY TIME, WITHOUT NOTICE TO YOU.
  4. WE SHALL HAVE NO LIABILITY TO YOU FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT LOSSES INCLUDING WITHOUT LIMIT LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS DAMAGE TO OR LOSS OF GOODWILL, REPUTATION OR DATA.
  5. WITHOUT PREJUDICE TO THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY TO YOU UNDER AND/OR ARISING IN RELATION TO THIS CONTRACT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT PRODUCTS.
  6. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
  7. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE(S) IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
  8. IN NO CASE SHALL FAY BECK STUDIO, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
  9. NOTHING IN THIS TERMS OF SERVICE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY DUE TO OUR NEGLIGENCE OR ANY LIABILITY WHICH IS DUE TO OUR FRAUD OR ANY OTHER LIABILITY WHICH WE ARE NOT PERMITTED TO EXCLUDE OR LIMIT AS A MATTER OF LAW.
  10. NOTHING IN THIS TERMS OF SERVICE SHALL EXCLUDE OR LIMIT THE STATUTORY AND ACCRUED RIGHTS/WARRANTIES OF EITHER YOU OR FAY BECK STUDIO.
  11. INDEMNITY – USERS AGREE TO INDEMNIFY AND HOLD HARMLESS FAY BECK STUDIO, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND AFFILIATES AGAINST ALL LOSSES, COSTS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES) ARISING FROM, WITHOUT LIMITATION, YOUR BREACH OF THESE TERMS AND CONDITIONS, YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY, OR YOUR BREACH OF ANY DUTY OF CONFIDENCE OR PRIVACY, OR ANY DEFAMATORY STATEMENTS MADE BY YOU IN ANY FORM.
  12. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FAY BECK STUDIO AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.

SECTION 19 - FORCE MAJEURE

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Also referred to as “Force Majeure Event”).
  2. A Force Majeure Event includes but is not limited to any act, event, non-happening, omission or accident beyond our reasonable control and occurs in particular (without limitation) to the following:
    1. The Acts, decrees, legislation, regulations or restrictions of any government.
    2. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    3. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    4. Strikes, lockouts or other industrial action.
    5. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
    6. Impossibility of the use of public or private telecommunications networks.
  3. Fay Beck Studio’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and Fay Beck Studio will have an extension of time for performance for the duration of that period. Fay Beck Studio will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.

Section 20 - CONSENT TO BE PHOTOGRAPHED, FILMED AND RECORDED

  1. You consent to the capture of still images (photographs), moving images (film/video), and audio recordings of you during the delivery and/or provision of our Products and Services and during several other Fay Beck Studio events. If you do not wish to be recorded, captured or photographed, please do not purchase any of the live events
  2. You accept that the subsequent images and recordings may be used in a number of media, including but not limited to print, digital and electronic and may be used by us and/or by agents authorised by us for educational, promotional, advertising and/or marketing purposes in appropriate file formats via web-based and/or other digital and/or print methods. You understand and agreed that;
  3. Editing may be required by us or our authorised agents authorised for quality or technical purposes. Edited subsections may be used in other Studio materials for purposes stated above,
  4. The image(s) and/or recording(s) will be stored securely in appropriate file formats on reputable servers and held in accounts belonging to Fay Beck Studio and/or its authorised agents.
  5. If you have any queries about your consent to be photographed, filmed and recorded or you wish to opt out please contact us at; info@faybeckstudio.com prior to booking any Product or Service.

SECTION 21 - GENERAL PROVISIONS

  1. Anti-Corruption and Anti Money-Laundering – Users agree that in using our Platform, they will not undertake any conduct that constitutes an offence under applicable anti-corruption and anti-money laundering laws. A breach of this clause shall be deemed a material breach of this Terms of Service.
  2. Headings – The paragraph titles in this Terms of Service are for convenience only and shall not define or limit any of the provisions hereof. These headings are used for nomenclature purposes alone and do not denote an interpretation tool for any term in this Terms of Service.
  3. Severability – We recognise the uncertainty of the law with respect to certain provisions of this Terms of Service and expressly stipulate that this Terms of Services will be construed in a manner that renders its provisions valid and enforceable to the maximum extent possible under applicable law. To the extent that any provisions of this Terms of Service are determined by a court of competent jurisdiction to be invalid or unenforceable, such provisions will be deleted from this Terms of Service or modified so as to make them enforceable, and the validity and enforceability of the remainder of such provisions and of this Terms of Service will be unaffected.
  4. Release from Liability for Site Outages – Users agree that Fay Beck Studio does not bear any liability from any loss of data, business opportunity or Content due to the scheduled maintenance, unplanned outages or malfunctioning of our Platform.
  5. Amendment
    1. We may update these Terms of Service from time to time by publishing a new version on our Website. The right to amend is at our sole discretion. You should check this page occasionally to ensure you understand any changes to this Terms of Service. We may notify you of changes to this Policy by email or through email or any other choice of communications as set by you.
    2. Despite the provisions in e(i), You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Order Acceptance Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within five working days of receipt by you of the Order Acceptance Confirmation).
  6. Notices and Communications
    1. Unless otherwise stated in this Terms of Service or any other relevant part of our Platform, all notices and other communications shall be in writing and delivered by electronic mail. If to Fay Beck Studio, the email address is courses@faybeckstudio.com unless another email address is provided on the relevant page on our Platform or this Terms of Service. If to any User, the email address will be the email address provided when registering for an account. Notice will be deemed received and properly served immediately when posted on our Website or 24 hours after an email is sent. In proving the Service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
    2. When using our Platform, you accept that communication with us will be through electronic mediums. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing.
    3. For information on opting out of our marketing email, please see our Privacy Policy
    4. This provision in this section (f) does not affect your statutory rights.
  7. Waiver – No single or partial exercise of a right or remedy provided by this Terms of Service or by law prevents the further exercise of the right or remedy or the exercise of another right or remedy. A waiver of a breach of this Terms of Service does not constitute a waiver of a subsequent or prior breach of this Terms of Service. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section 21 (f) above.
  8. Entire Agreement – This Terms of Service sets out the entire agreement between the parties and supersedes and extinguishes any previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each Party agrees that it has no claim or remedy in respect of any statement, representation, assurance or warranty that is not set out in this Agreement. Neither of the Parties shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other Party’s only remedy shall be for breach of contract as provided in these terms and conditions.
  9. Relationship of the Parties – This Terms of Service is intended and shall be construed as creating an Agreement for the purposes specified in this Terms of Service. Nothing in this Terms of Service or otherwise is intended or shall be construed as creating a partnership other than as specifically set out in this Terms of Service or any legal entity between the Users and Fay Beck Studio or any on-going or continuing relationship or commitment between the Users of Fay Beck Studio, other than as specifically set out in this Terms of Service.
  10. Post-Sale Provisions – Questions, complaints, comments or requests regarding these terms and conditions should be addressed to info@faybeckstudio.com. Questions, complaints, comments or requests on our Services should be addressed to info@faybeckstudio.com
  11. Governing Law – These Terms of Service, the jurisdiction clause contained in it and any non-contractual obligations arising out of or in connection with it or its subject matter or formation are governed by, construed and take effect in accordance with the law of England and Wales.
  12. Dispute Resolution – Notwithstanding the provisions of (m), for any and all grievances, disputes, claims, or controversies you may have against Fay Beck Studio (“Disputes”), before pursuing any dispute resolution avenue, you must first give us an opportunity to resolve the Dispute informally by sending an email to courses@faybeckstudio.com with the subject “Pre-Action Dispute Notice”. The email should contain your name, your email address as registered on your Account (if you have no account, please state that), a detailed description of your grievance and claims, and a description of the specific relief you seek and how we can resolve this grievance. If we do not resolve the Dispute within sixty (60) days after receiving your Pre-Action Dispute Notice, then you may pursue resolution of the Dispute in accordance with (m).
  13. Subject to (l), any dispute arising out of or in connection with this Terms of Service or the performance, validity or enforceability of it will be finally resolved by the courts of England and Wales, who have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Terms of Service or a contract (entered into on our Platform) or its subject matter or formation.
  14. Class Action Waiver – Users and Fay Beck Studio agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither the Users nor Fay Beck Studio will seek to have any dispute heard as a class action, a representative action, a collective action, or in any proceeding in which the User or Fay Beck Studio acts or proposes to act in a representative capacity. The User and Fay Beck Studio further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of the User, Fay Beck Studio, and all parties to any such proceeding.
  15. Confidentiality
    1. Each party shall protect the Confidential Information of the other party and all other Users against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard their own confidential information of a similar nature, being at least a reasonable degree of care.
    2. Confidential Information may be disclosed by Fay Beck Studio to its employees, affiliates and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.
    3. The obligations set out in this Clause shall not apply to Confidential Information which the receiving party can demonstrate:
      • If disclosed by a User in one of our classes with other participants in attendance
      • Is or has become publicly known other than through breach of this clause;
      • Was in possession of the receiving party prior to disclosure by the other party;
      • Was received by the receiving party from an independent third party who has full right of disclosure;
      • Was independently developed by the receiving party; or
      • Was required to be disclosed by governmental authority.
    4. For the avoidance of doubt, Personal Information shall be treated in accordance with Applicable Laws and shall not be considered “confidential information” belonging to a party.
    5. This paragraph shall survive the termination of this Terms of Service.
  16. In the event of a User’s failure to comply with the terms contained in this Terms of Service, our Privacy Policy, Cookies Policy or any of our policies, we reserve the right and sole discretion to immediately and without notice suspend, delete or permanently ban the Users’ access to all or part of our Platform or services.
  17. The terms in these Terms of Service survive the usage of the Platform. Even after termination or deletion of your Account on our Platform or the discontinuing of your use of our services for whatsoever reason, either by your choice or our choice, the terms in this Terms of Service continue to apply post-use and termination.

SECTION 22 - TERMINATION

  1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  2. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, at the end of the course or when you cease using our platform.
  3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
  4. The terms in these Terms of Service survive the usage of the platform. Even after termination or deletion of your account on our platform or the discontinuing of your use of our services for whatsoever reason, either by your choice or our choice, the relevant terms in this Terms of Service continue to apply post-use and termination.

SECTION 23 - CONTACT INFORMATION

Please do not hesitate to contact us if you have any questions regarding Fay Beck Studio’s policies. You can contact us at info@faybeckstudio.com or at our registered address, 99 Fieldgate Street, Unit 4, Feather Mews, Whitechapel, United Kingdom.