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Legally Binding Contract
Please remember that when we accept your submitted order for merchandise on this website, there will be a legally binding contract.
Facial Gua Sha Teacher Training
Delegates terms and conditions:
THE PARTIES TO THIS AGREEMENT ARE:
You as the person receiving the training (hereinafter referred to as “the Delegate”)
The person delivering the training to the Delegate (hereinafter referred to as “the Super Trainer”)
Danielle Collins Ltd, a company incorporated in England and Wales with company number 09968447 and registered office at Office 301, 3 Edgar Buildings, George Street, Bath, BA1 2FJ, United Kingdom and HAYO’U LIMITED, a company incorporated in England and Wales with company number
08651099 and of registered office at 59 Longlands Court, Westbourne Grove, London
W11 2QF, United Kingdom, (hereinafter referred to as “the Companies”).
The Super Trainer and the Delegate shall each be responsible for advising the other party of any changes to his / her personal or company details.
This Agreement commences on the date of payment for the Teacher Training by the Delegate and terminates on any of the conditions detailed in Section 9 Termination.
2. TEACHER TRAINING PROVIDED BY THE SUPER TRAINER
2.1 The Super Trainer will provide the Delegate with marking of written assessment sent by email followed by a thirty minute Skype call to include up to twenty minutes discussing any questions the Delegate may wish to ask plus a ten minute practical assessment of the teacher training in Facial Gua Sha at a time agreed by both Super Trainer and Delegate (“the Teacher Training”).
2.2 The Super Trainer will provide the Delegate with Facial Gua Sha Manual at the start of the Teacher Training as an email attachment.
2.3 Upon successful completion of the Teacher Training, including meeting the required standard in a written and practical assessment, the Delegate will receive;
2.3.1 The Certificate of Achievement in Facial Gua Sha;
2.3.2 a listing in the teacher directory on the faceyogaexpert.com website;
2.3.3 The Danielle Collins Face Yoga Method logo and Hayo’u logo for use in their marketing activities, including their website.
3. FACIAL GUA SHA PRODUCTS/SERVICES PROVIDED BY THE DELEGATE
3.1 On completion of the Teacher Training and for the duration of this agreement, the Delegate will be entitled to teach, whether to individuals or groups, whether as a dedicated Facial Gua Sha session or as part of another therapy/session, whether in person or online and whether as a stand alone product/service, Facial Gua Sha to members of the public for their personal use (“Facial Gua Sha Products/Services”). For stand alone products/services, the Delegate must write their own text (except where this is not reasonable in the description of a technique) and use their own images.
3.2 The Delegate can use the Companies’ name(s) and logo(s) in their marketing activities and on any of their Facial Gua Sha Products/Services containing techniques from the Facial Gua Sha course, and where a Facial Gua Sha Product/Service contains techniques from another source as well then it must be clear which techniques are from the Facial Gua Sha Course if the Companies’ name(s) and logo(s) are used.
3.3 The Delegate agrees that their Facial Gua Sha Products/Services can be checked by the Companies at any time. Should any Facial Gua Sha Products/Services not meet the standards required by the Companies, the Delegate will have one opportunity, within a specified time limit agreed by all parties, to amend or re-perform Facial Gua Sha Products/Services to demonstrate that standards required have been met. Failure to meet the required standards, judged solely by a representative of the Companies, will result in the Companies having the right to terminate this agreement.
3.4 The Delegate warrants that he / she is not violating any other agreement or any law by performing the Teacher Training, and performing or creating the Facial Gua Sha Products/Services thereafter. Any material misrepresentation shall give the Companies the right to terminate this agreement.
4. PAYMENT OF TEACHER LICENCE
4.1 The Delegate can purchase the Teacher Training by paying £495.00 for the Distance Learning Training with Super Trainer, Katie Blake.
4.2 Distance Learning Training starts immediately on full payment.
4.3 The Teacher Licence Fee is non-refundable following the start of the Delegate’s Teacher Training.
4.4 The payment of the Teacher Licence Fee, together with the successful completion of the Teacher Training, as determined by the Super Trainer, will entitle the Delegate to provide Facial Gua Sha Products/Services for the duration of this agreement.
5.1. The Delegate agrees to keep all contents of the Facial Gua Sha Course confidential apart from the contents which are intended to be shared and distributed as part of the Facial Gua Sha Products/Services.
5.2. The Delegate consequently agrees that during the period of this agreement and subsequent thereto, the Delegate will not disclose to others or make use of directly or indirectly, any confidential information. If there is any doubt about whether any disclosure or use is for an authorised purpose, the Delegate is to obtain a ruling in writing from the Companies and is to abide by it.
5.3. The Super Trainer shall take reasonable security precautions to keep confidential all information deemed confidential and shall not make unauthorized copies. The Super Trainer further undertakes to notify the Companies immediately upon discovery of any unauthorized use or disclosure of confidential material and shall assist the Companies in regaining of such material and mitigating the loss to the Companies.
6. OWNERSHIP OF WORK:
6.1 All Copyright and Intellectual Property in the Facial Gua Sha Course are owned by the Companies and this agreement, and the business relationship between the Delegate and the Companies, will not entitle the Delegate to any ownership of Copyright or Intellectual Property in the Facial Gua Sha Course, however as stated in 3.1, the Delegate can perform and/or create Facial Gua Sha Products/Services and the Delegate owns the copyright and Intellectual Property of their Facial Gua Sha Products/Services providing they have adhered to 3.1.
7. OBLIGATIONS OF THE DELEGATE:
7.1. The Delegate will not be liable to the Super Trainer or its agents or employees for any claim, cost or fees arising from the services provided by this agreement other than the fees specified in section 4, unless any such claims, costs or fees are judged by the appropriate court to be due to willful misconduct or gross negligence on the part of the Delegate or his / her agents.
7.2 The Delegate is solely responsible for the marketing and delivery of their Facial Gua Sha Products/Services to their clients.
7.3 The Delegate agrees, for the period during this agreement and for three years following termination of this agreement, to not carry on any business or venture that is in competition to the Companies’ Facial Gua Sha Teacher Training, or to have any interest with any of the Companies’ employees, customers or suppliers other than in the normal course of business for the Companies, without the written agreement of the Companies. The Delegate is entitled to resell the Companies’ products that are available for resell and provide Facial Gua Sha Products/Services to individuals or groups for their own use which can include Facial Gua Sha knowledge and techniques that the Delegate may gain from sources which are not from the Companies, providing clause 3.4 is upheld.
7.4 The Delegate hereby warrants that they have never been convicted of a criminal offence, and if they are arrested during this agreement then they will inform the Companies and agree that this arrest would be a breach of contract.
7.5 The Delegate hereby warrants that all of the information provided in connection with this agreement is true and accurate
8. OBLIGATIONS OF THE SUPER TRAINER:
8.1. The Super Trainer acknowledges that timely completion of the services provided by the Super Trainer under this agreement, depends on the co-operation of the Super Trainer to comply with reasonable requests from the Delegate and the Delegate agrees to extend such co-operation.
9. NOTICE OF TERMINATION:
9.1 Upon termination the Delegate will not be permitted to provide Facial Gua Sha Products/Services to clients and must return all materials used during the Teacher Training including, but not limited to, Facial Gua Sha Manual and any notes made about the Teacher Training. The Companies will remove the Delegate’s listing in the teacher directory on the facyogaexpert.com website. If this agreement is terminated during the Teacher Training then the Super Trainer will not be required to complete the training for the Delegate.
9.2 This agreement will terminate at the written request of the Delegate.
9.3 This agreement can be terminated by any party if another party is;
9.3.1 in breach of any clause in this agreement;
9.3.2 convicted of a criminal offence;
9.3.3 upon the Super Trainer or Delegate committing any act of gross misconduct or is guilty of any conduct which may, in the reasonable opinion of the Companies, bring the Companies into disrepute;
9.3.4 the Super Trainer or Delegate becomes of unsound mind or a patient within the meaning of the Mental Health Act 1983;
9.4 Upon termination of this contract it is understood that the relationship between the Delegate and the other parties has ended.
10.1. This agreement and any exhibit attached constitute the sole and entire agreement between the parties with regard to the subject matter hereof and the parties waive the right to rely on any alleged express provision not contained herein.
10.2. No party may rely on any representation, which allegedly induced that party to enter into this agreement, unless the representation is recorded herein.
10.3. No agreement varying, adding to, deleting from or cancelling this agreement and no waiver of any right under this agreement shall be effective unless it is:
10.3.1. In writing;
10.3.2. Agreed to by all parties;
10.3.3. Signed by all parties.
10.4. Written notice by either party to the other may be given:
10.4.1. In person, and such notice shall be deemed valid on the date of delivery in person.
10.4.2. By registered mail, and such notice shall be deemed valid as of seven days of the proof of mailing date.
10.5. No relaxation by a party of any of its rights in terms of this agreement at any time shall prejudice or be a waiver of its rights (unless it is a written waiver) and it shall be entitled to exercise its rights hereafter as if such relaxation had not taken place.
10.6. No party may cede any of its rights or delegate or assign any of its obligations in terms of this agreement without the prior written consent of the other parties.
10.7. Unless inconsistent with the context, words signifying any one gender shall include the others, words signifying the singular shall include the plural and vice versa.
10.8. Should any provision of this agreement be judged by an appropriate court of law as invalid, it shall not affect any of the remaining provisions whatsoever.
10.9. The parties agree that any dispute which may arise from this agreement will be referred to an impartial and lawful arbitration body whose decision will be binding upon all parties.
Return, Refund and cancellation policy
Items MUST be returned in saleable condition: unopened with all packaging/hygiene seals in tact.
If for any reason you’re dissatisfied with your purchase, we will gladly offer a refund on all products returned to us within fourteen days of your receipt, provided they are returned in their original packaging, in an unopened and unused condition. This excludes defective items.
We advise you to return items by recorded delivery or by any other means that shows proof of the return. If for any reason your returned items are not received we cannot process the refund unless you can provide proof of postage.
Under the distance selling regulations you have the legal right to cancel your order within 14 working days from the date of receipt of the goods if you send us a notice of cancellation in writing and return the goods to us in their original, unopened and unused condition If you cancel your order after we have dispatched the products, then you must return the products to the address below. You can submit your cancellation notice by email.
Hayo’u Method C/O Westway Warehouse
Unit 1, Rectors Lane Industrial Estate,
Rectors Lane, Pentre
Clwyd CH5 2DH
You should inspect the merchandise upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us upon receipt there is a problem or you cancel the order in accordance with your cancellation rights and/or you return the goods in accordance with our return policy and procedure. If you fail to take such action, we are not obligated to accept any rejection by you of the merchandise at a later date. Any discrepancy within your delivery needs to be advised within 48 hours of delivery. Your statutory rights are not affected
We use the latest strong encryption technology to ensure that all transactional information is protected to the highest standard. Transactional information includes credit or debit card details, your personal contact information, together with any other names and addresses you provide when you place an order for delivery to another address, and your purchase history. Our company does not share your information with any third party without your consent except as follows.
Administration of our site: The information you give us is necessary to enable us to fulfil your order, make sure it is delivered correctly and to maintain your account.
Customer service: We ask for your contact details, such as your email address to enable us to answer any questions you have about using our website and to notify you of the status of your order.
Direct Mailing: We want to keep you up to date on our latest products and events. If you have agreed when you registered we can inform you about these by email or telephone.
Any services employed by our company will have access to your information solely to the extent necessary to enable them to perform the service on our behalf.
We also receive non-personally identifiable information through cookies and log files when you access our website. Certain technical information such as your IP address, page views, operating systems, web browser software and referring and destination website is automatically collected from your computer. Cookies allow us to statistically monitor how many people use our site and for what purpose. We do not link any information obtained from cookies or log files to personally identifiable information. You are free to decline cookies if your browser permits and it will not affect your online experience.
59 Longlands Court, Westbourne Grove, London, England, W11 2QF
Email us: [email protected]
Telephone: 0330 053 8895
VAT No: GB195423882
Company No: 08651099