Terms & Conditions
TERMS & CONDITIONS
TERMS AND CONDITIONS
1.1 These terms tell you the rules for using our Website and about our General Terms (Terms) which apply to any services (Services) and all resulting data, reports, content and other information (Work) provided by Just Do Fab to its clients (Client).
1.2 JUSTDOFAB.COM is a site operated by Just Do Fab. Our address is 2 Hova Villas, Hove BN3 3DF. To contact us please email Nancy@justdofab.com
1.2 Our General Terms form a binding contract between Just Do Fab and Client in respect of the Services, incorporating the Key Terms set out in any Client Agreement or other binding agreement between the parties (Agreement). 1.3 These Terms shall be deemed effective upon the Client either signing the Client Consultation Form, or accepting any written proposal or any Services from Just Do Fab. These Terms apply for the period specified as the Term in the Agreement, automatically renewed at the end of each Term.
1.4 Just Do Fab is a beauty salon and training academy and may rely on third parties to perform the Services. Just Do Fab is not responsible for the performance of such services by third parties.
1.5 Just Do Fab is an independent contractor to Client, not an employee or partner of Client in any way. The Services are provided for the sole benefit of the Client, unless expressly agreed otherwise.
By using our site you accept these terms
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
If you purchase goods from our site, our General Terms and conditions of supply will apply to the sales.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at Nancy@justdofab.com.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. [However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.]
B GENERAL TERMS AND CONDITIONS
Services: The provision of treatments and training courses
Client: a client is any customer who either receives treatment or signs up for one our our online course
1.1 Just Do Fab will: (a) provide the Services in accordance with the Key Terms and this Agreement; (b) perform the Services with reasonable care and skill; (c) sub-contract certain parts of the Services to specified third parties and shall not be responsible for the products or services provided by those third parties;(d) comply with all the relevant laws and regulations relating to performance of the Services.
1.2 Client will: (a) pay all Fees and additional charges in accordance with this Agreement; (b) provide timely updates on any information relevant to the Services; (c) maintain insurance covering the business of the Client from liability arising from the Services and obtain all necessary licenses, permissions and consents which may be required.
2 FEES & PAYMENT
2.1 The Fees payable for the Services are specified on booking and payable on the day of Client appointment without any set off or deduction.
2.2 In the event of cancellation of the Services then our Cancellation policy set out below will apply
2.3 If any amount due remains unpaid, Just do Fab may charge additional administration costs and interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
3 CANCELLATION POLICY
All treatments in salon will be subject to:
All cancellations and rescheduling within 24 hours of your appt: 50% of treatment price fee.
All cancellations and rescheduling within 1 hour of your appt: 100% of treatment price fee.
4. NO REFUND POLICY
All training courses in salon and booked online will be subject to our no refund policy.
Any rescheduling that takes place 7 days before the training course begins can be exchanged for another date. However, any rescheduling that takes place less than 7 days before the course begins will not be entitled to any refund.
5. INTELLECTUAL PROPERTY
5.1 All copyright, know-how, masterclasses and workshops, and other registered or unregistered forms of intellectual property (IP) in the Work shall remain owned by Just do Fab.
6 DATA PRIVACY
7 THIRD PARTIES
7.1 Just Do Fab will engage third parties by purchasing product for use during Services. Client consents to the involvement of Third Parties and any arrangements entered into by Just Do Fab and such Third Parties. Specific terms and conditions may apply to the products and services supplied by Third Parties.
7.2 Just Do Fab is not responsible for any information transmitted by Third Parties or liable for any reliance Client makes upon the information or statements conveyed by Third Parties (or in relation to dealings with Third Parties), nor is Just Do Fab responsible for the accuracy of any advertisements or marketing provided by Third Parties.
8.1 Each party must maintain in confidence any written information that (Confidential Information): (a) Details the business of the Client; (b) Details the business of Just Do Fab; (c) Is identified by either party as confidential and/or proprietary, other than information that the relevant party can establish:
(d) was in the public domain at the time it was disclosed; (e) was already in the possession of a party when given, without having been acquired (directly or indirectly) from the other party; or
(f) was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation. 7.2 Each party must not: (a) use any of the Confidential Information except to the extent necessary to exercise its rights and perform its obligations under this Agreement; or
(b) disclose any of the Confidential Information, provided that each party may disclose Confidential Information that is required to be disclosed:
(c) by law or by order of any court or tribunal of competent jurisdiction; (d) by any Government Agency, stock exchange or other regulatory body; or (e) to its personnel and advisors, where the party informs the recipient of the obligations in relation to the Confidential Information under this Agreement.
8.2 If a party is required to make a disclosure under this clause, that party must:
(a) to the extent possible, notify the other party if it anticipates that it may be required to disclose any of the Confidential Information; and
(b) only disclose Confidential Information to the extent necessary to comply.
8.3 The obligations under this clause continue in full force and effect after this Agreement ends.
9 LIMITATION OF LIABILITY-THE CLIENTS ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
9.1 It is important to note that Just Do Fab does not guarantee any specific results from the provision of their Services.
9.2 We have obtained insurance cover for our legal liability for individual claims not exceeding £XXX. The limits and exclusions in this clause reflect the insurance cover that we have and the Client is responsible for any excess loss.
9.3Nothing in this clause 8 shall limit the Customer's payment obligations under the Contract.
9.4 In no circumstances will we be liable for any consequential or indirect damages, loss of profits, or any other loss resulting from the Services or the Work, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, to include, but not limited to:
- loss of profits.
- loss of sales or business.
- loss of agreements or contracts.
- loss of anticipated savings.
- loss of use or corruption of software, data or information.
- loss of or damage to goodwill; and
- indirect or consequential loss.
9.5 The Client shall indemnify Just Do Fab for, and hold it harmless against any loss, damage, costs, expenses, liability, deduction, contribution, assessment or claim (including reasonable legal and preparation costs) arising in connection with: (a) any access to the Website; (b) any breach of its obligations under this Agreement; (c) any third party claims that may arise from the Services or any public disclosure or misuse of the Work; and
(d) any tax, penalty, fine or interest incurred or payable in connection with the Services or in consequence of breach of this Agreement.
9.6 Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
9.7 Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation.
10 DISPUTE RESOLUTION
10.1 If any dispute arises between Client and Just Do Fab in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
(a) includes or is accompanied by full and detailed particulars of the Dispute; and (b) is delivered within 14 days of the circumstances giving rise to the Dispute first occurring.
10.2 Within 14 days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) of Client and Just Do Fab must meet and seek to resolve the Dispute.
10.3 A party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause, provided that nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
10.4 Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this Agreement and any related agreements.
Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its principal place of business or sent by email to Nancy@justdofab.com. This does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
12 FORCE MAJEURE
12.1 Neither party shall be liable for any failure or delay to performance of obligations under this Agreement if such failure or delay results from any cause that is beyond the reasonable control of that Party including power failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
12.2 In the event that any party cannot perform their obligations hereunder as a result of force majeure for a continuous period of 2 months, the other party may at its discretion terminate this Agreement by written notice at the end of that period.
13.1 Interpretation. Headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise:
(a) The singular includes the plural and the opposite also applies. (b) If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
(c) A reference to a clause refers to clauses in this Agreement. (d) A reference to legislation is to that legislation as amended, reenacted or replaced, and includes any subordinate legislation issued under it.
(e) Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included. (f) A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
(g) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
(h) A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
(i) A reference to pounds or £ is to an amount in Great British Pounds. 13.2 Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
13.2 Relationship. The relationship of the parties to this agreement does not form a joint venture, partnership, employment, trust or agency.
13.3 Third party rights. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce this Agreement, provided that this clause does not affect a right or remedy of a person which otherwise exists or is available.
13.4 Waiver. No clause of this agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy.
13.5 Further Action. Each party must do anything reasonably necessary (including executing agreements and documents) to give full effect to this Agreement, including in connection with any claim or proceedings brought against a part as a result of any breach of this Agreement.
13.6 Liability for Expenses. Each party must pay its own expenses incurred in negotiating, executing, stamping and registering this Agreement.
13.7 Inconsistency. If this Agreement is inconsistent with any other preceding document or agreement between the parties, this Agreement prevails to the extent of the inconsistency.
13.8 Counterparts. This Agreement may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.
13.9 Severability. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
13.10 Governing Law. This Agreement is governed by the laws of England & Wales. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction in England.