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TERMS AND CONDITIONS

This agreement applies  between you, the User of this Website and Sparkle Arts Franchise Ltd, the owner of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your booking constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a confirmation email to you indicating that your booking has been confirmed. For the avoidance of doubt, to confirm you agree with all terms and conditions directly related to that offer, it will be deemed to be accepted by the parent or carer once the terms & conditions box is ticked.  All on-going communications with Sparkle arts staff & teachers relating to the delivery of Sparkle Arts classes and services are subject to these terms & conditions. 

 

1.            Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

Sparkle Arts

Means Sparkle Arts Franchise Ltd, a Sparkle Arts Franchisee, or Sparkle Arts Ltd where the territory is operated directly.  The company or person who you have entered into this contract with in respect to the provision of classes or other services.

 

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access booking information, paid Content and any communications System on the Website.

 

“Booking process”

Means the series of steps by which a parent purchases a  sparkle arts class or service.

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

Sparkle Arts Franchise Ltd

means Sparkle Arts Franchise Ltd 57 A Nile Grove, Morningside, Edinburgh UK, EH10 4RE;

Service

means collectively any online facilities, tools, services or information that Sparkle Arts Franchise Ltdmakes available through the Website either now or in the future;

“Services”

means the services available to you through this Website, specifically the provision of Sparkle Arts Classes, birthday parties, & holiday workshops.

“Payment Information”

means any details required for the purchase of services from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information”

means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;

“Premises”

Means our place(s) of business located at 57A Nile Grove, Morningside, Edinburgh UK EH10 4RE.

System

means any online communications infrastructure that Sparkle Arts Franchise Ltd makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.

“User” / “Users”

means any third party that accesses the Website and is not employed by Sparkle Arts Franchise Ltd, and acting in the course of their employment.

“Website”

means the website that you are currently using (www.sparklearts.co.uk) and any sub-domains of this site (e.g. subdomain.www.sparklearts.co.uk/parties) unless expressly excluded by their own terms and conditions.

"Teacher"

Means the person engaged by Sparkle Arts to deliver classes and other similar services.  

"Participant"

Means the child participating or booked in to attend Sparkle Arts classes, & who’s details are provided during the booking process. 

"Venue"

Means the location where classes take place.

"Class(es)" Means the Sparkle Arts class(es) as described on the Themes page & in the booking process
"Parent"

Means the parent or legal guardian of the participant, who is the contracting party in this agreement, and is responsible for the payment of fees, and compliance with all terms and conditions & specifically those related to the contractual offer.

"Carer" Means the person who attends the class with the participant with the permission of the parent, & who is responsible for the participant’s welfare in the class, workshop, or party.

 

2.            Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

3.            Business Customers

These Terms and Conditions alsoapply to customers procuring Services in the course of business.      

4.            Intellectual Property

4.1          Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Sparkle Arts Franchise Ltd, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

4.2          Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Sparkle Arts Franchise Ltd.

4.3          The user will not replicate, use or share details of any Sparkle Arts product or service for his/her own use or for the use of any third party.

5.            Third Party Intellectual Property

5.1          Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2          Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6.            Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of           the Copyright Designs and Patents Act 1988 apply.

7.            Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Sparkle Arts Franchise Ltdor that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8.            Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.sparklearts.co.ukwithout prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Sparkle Arts Franchise Ltd.

9.            Use of Communications Facilities

9.1          When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

9.1.1     You must not use obscene or vulgar language.

9.1.2     You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3     You must not submit Content that is intended to promote or incite violence.

9.1.4     It is advised that submissions are made using the Englishlanguage as we may be unable to respond to enquiries submitted in any other languages.

9.1.5     The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

9.1.6     You must not impersonate other people, particularly employees and representatives of Sparkle Artsor our affiliates; and

9.1.7     You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

9.2          You acknowledge that Sparkle Artsreserves the right to monitor any and all communications made to us or using our System.

9.3          You acknowledge that Sparkle Arts Franchise Ltdmay retain copies of any and all communications made to us or using our System.

9.4          You acknowledge that any information you send to us through our System or post on the Sparkle Arts Franchise Ltdmay be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

10.         Accounts

10.1       In order to procure Services on this Website you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase.  By continuing to use this Website you represent and warrant that:

10.1.1   all information you submit is accurate and truthful.

10.1.2   you have permission to submit Payment Information where permission may be required; and you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

10.2       It is recommended that you do not share your Account details, particularly your username and password.  Sparkle Artsaccepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3       If you have reason to believe that your Account details have been obtained by another without consent, you should contact Sparkle Artsimmediately to suspend your Account and cancel any unauthorised orders or payments that may be pending.  Please be aware that orders or payments can only be cancelled up until provision of Services has commenced.  In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, Sparkle Arts accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information.

10.4       When choosing your username you are required to adhere to the terms set out above in Clause 9.  Any failure to do so could result in the suspension and/or deletion of your Account.

11.         Termination and Cancellation

11.1       Either Sparkle Arts or you may terminate your Account.  If Sparkle Arts terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

11.2       If Sparkle Arts terminates your Account, any current or pending services or payments on your Account WILL be cancelled and provision of Services WILL NOT commence.

11.3       Sparkle Arts reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

11.4       If class/workshop/party bookings are cancelled for any reason by Sparkle Arts prior to commencement of Services provision, Sparkle Arts will endevour to re-arrange the service cancelled.  If this is not possible your account will be credited any monies paid in relation to those purchases.

11.5     Once a Term/Class/Workshop/Party booking is made, fees are non-refundable in any circumstances whatsoever excepting those that apply in 11.4 .

12.         Services, Pricing and Availability

12.1       Whilst every effort has been made to ensure that all descriptions of Services available from Sparkle Arts correspond to the actual Services, Sparkle Arts is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.  Please refer to sub-Clause 13.4 for incorrect Services.

12.2       Where appropriate, you may be required to select the required Services.

12.3       Sparkle Arts does not represent or warrant that such Services will be available.  Availability indications ARE provided on the Website HOWEVER THESE MAY NOT TAKE INTO ACCOUNT ORDERS THAT HAVE TAKEN PLACE DURING YOUR VISIT TO THE WEB SITE.

12.4       All pricing information on the Website is correct at the time of going online.  Sparkle Arts reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

12.5       In the event that prices are changed during the period between an order being placed for Services and Sparkle Arts processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.

13.         Provision of Services

13.1       Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

13.2       Sparkle Arts shall use its best endeavours to provide the Services with reasonable skill and care.

13.3       Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.

13.4       By agreeing to these terms and conditions the user agrees not to share any aspects of Sparkle Arts products or services with any third party who operates within the same market as Sparkle Arts.  Neither with the user be involved directly or indirectly with such a third party.

13.5       The user will not take replicate or use and Sparkle Arts service or materials for his or her use or by use by any third party.

13.6       The user agrees not to be directly or indirectly involved or have interests in any business competitor of Sparkle Arts whilst the user is a paying customer of Sparkle Arts.

13.7       In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake.  Sparkle Arts will ensure that any necessary corrections to the Services provided are made within 7 working days.

13.8       It's the parents resposibility to supply details of any medical conditions of the participant during registation process.  Neither should the parent, carer or participant attend classes if suffering from any contagious diseases 

13.9       The parent, carer, or participant should not attend any Sparkle arts class or service if suffering from any contagious disease.

13.10      The parent or carer, should not leave the participant for any period of time during a class or service, unless specifically stated otherwise in terms or conditions specific a class or service.

13.11       Sparkle Art reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

13.11.1   Any use or enjoyment that you may have already derived from the Services;

13.11.2   Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Sparkle Arts.

Such discretion to be exercised only within the confines of the law.

14.         Privacy & Confidentiality

14.1       Use of the Website is also governed by our Privacy Policy & Cookie policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

15.         Disclaimers

15.1       Sparkle Arts makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

15.2       No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

15.3       No part of this Website is intended to constitute a contractual offer capable of acceptance.

15.4       Whilst Sparkle Arts uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

15.5       The parent indemnifies and agrees to keep indemnified Sparkle Arts, officers, teachers & employees, against all loss, liability, cost, and expenses incurred as a result of any breach of these terms and conditions by the parent, caraer and/or parent, & as a result of action or inaction of the parent, carer and/or participant.

15.6       Failure by either party to adhere or enforce any clause or clauses within this contract at any time or any period, shall not waiver the agreement as a whole, or prevent subsequent enforcement of any clause or clauses within this contract.

16.         Changes to the Service and these Terms and Conditions

Sparkle Arts reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If Sparkle Arts is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.  At no point shall any variation in these terms and conditions be agreed and binding unless confirmed by Sparkle arts and the user of this site.

17.         Availability of the Website

17.1       The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

17.2       Sparkle Arts accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

18.         Limitation of Liability

18.1       To the maximum extent permitted by law, Sparkle Arts accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein or from the participation in Sparkle Arts classes or services.  Users should be aware that they use the Website and its Content at their own risk.  Parents & and participants also take part in Sparkle Arts classes or services at their own risk

18.2       Nothing in these Terms and Conditions excludes or restricts Sparkle Arts’s liability for death or personal injury resulting from any negligence or fraud on the part of Sparkle Arts.  

18.3       Nothing in these Terms and Conditions  excludes or restricts Sparkle Arts’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.

18.4       The user agrees that any claim made against Sparkle Arts relating to an incidient during the provision of a service, must be made in writing to Sparkle Arts within 25 working days of the incident, and the aggregate liability will not exceed the fees paid for any such services.  Failure to meet the terms of 18.4 will negate any such claim.

18.5       Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

18.6       All warranties and conditions and obligations on the part of Sparkle Arts, whether implied by statute or otherwise (other than as set out in these terms and conditions) are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of Sparkle Arts, it's teachers, employees, agents and/or representatives or affect the statutory right of the parent or participant.

 

19.         No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

20.         Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

21.         Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Sparkle Arts.

22.         Communications

22.1       All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected]  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

22.2       Sparkle Arts may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us..

23.         Law and Jurisdiction

These Terms and Conditions and the relationship between you and Sparkle Arts shall be governed by and construed in accordance with the Law of Scotland and Sparkle Arts and you agree to submit to the exclusive jurisdiction of the Courts of Scotland.