Terms and Conditions (Training)

(updated February 2023)



    1. Definitions:
      • Booking”: The Customer's booking of the Training or Training Package booked through the Company’s offices or on the Website and as set out in the Confirmation Letter or as detailed as part of the online booking process on the Website.
      • Business Day”: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
      • Cancellation Policy”: The Company’s cancellation policy as detailed at clause 4.3.
      • Charges”: the charges payable by the Customer for the supply of the Training in accordance with clause 5 (Charges and payment).
      • Commencement Date”: has the meaning given in clause 2.2.
      • Company”: The Eyelash Design Company Limited registered in England and Wales with company number 05908064.
      • Conditions”: these terms and conditions as amended from time to time in accordance with clause 11.5.
      • Confirmation”:the communication (usually sent by email unless otherwise requested) from the Company to the Customer confirming the details of the Training (either the Face to Face Training, or the Remote Training) in regards to, without limitation, description, date, time, venue (where relevant) and duration and including details as to how to join any remote learning session (where relevant).
      • Contract”: the contract between the Company and the Customer for the supply of the Training in accordance with these Conditions.
      • Control”: shall be as defined in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
      • Customer”: the person or business who purchases Training from the Company.
      • Customer Default”: has the meaning set out in clause 4.2.
      • Data Protection Legislation”: all applicable data protection legislation in force from time to time in the UK including the Data Protection Act 2018
      • Deposit”: a non-refundable deposit of £100 (except in regards to the Company’s brand Microblading by Brow Perfect which shall be a non-refundable deposit of £300) taken against the full cost of the Face to Face Training in accordance with clause 5.3.
      • Intellectual Property Rights”: patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
      • Personal data”, “ processor”, “ controller”: has the meanings set out in the Data Protection Legislation.
      • Training”: the beauty training services, supplied by the Company to the Customer in person including any scheduled assessments (" Face to Face Training ")and/or remotely including any form of electronic or online delivery (" Remote Training”), designed to allow the Customer to provide the relevant Treatment following Training and certification.
      • Training Date”: the date on which the Training will take place or online learning commences.
      • Training Package”: each discounted training package offered from time to time by the Company which is for more than one Training.
      • Treatment”: the beauty treatment in which the Customer receives their Training and which is to be performed by the Customer as a business service to the end user.
      • Website”: the Company’s website at www.lashperfect.co.uk or www.lashfx.com, through which the Booking may be made. 
    2. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
    3. Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
    4. A reference to writing or written includes email.

    1. The Booking constitutes an offer by the Customer to purchase the Training in accordance with these Conditions.
    2. The Booking shall be deemed to be accepted by the Company when it has received full payment (pursuant to clause 5.3) from the Customer at which point and on which date the Contract shall come into existence (“ Commencement Date”).
    3. Any descriptive matter or advertising issued by the Company, and any descriptions or illustrations contained in the Company’s marketing material either online or in print, are issued or published for the sole purpose of giving an indication of the Training described in them. They shall not form part of the Contract or have any contractual force.
    4. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    5. Any quotation given by the Company shall not constitute an offer, and is only valid for a period of 10 Business Days from its date of issue.
    6. The parties acknowledge that they are dealing with each other under the Contract in the course of their respective businesses, and the Customer, for the purposes of the Contract, shall not be a consumer.

    1. The Company shall endeavour to supply the Training to the Customer in a manner that could be reasonably expected of a Company providing professional training.
    2. The Company shall endeavour to provide the Training in accordance with the details set out in the Confirmation Letter. Any dates provided for Training shall be estimates only and time shall not be of the essence for the performance of the Training.
    3. The Company reserves the right to make amendments relating to the provision or content of the Training at any time in order to ensure due compliance with any applicable law or regulatory requirement or if any such amendment will not materially affect the nature or quality of the Training.
    4. The Company warrants to the Customer that the Training will be provided using reasonable care and skill.

    1. The Customer shall:
      1. ensure that the terms of the Booking set out in the Confirmation are complete and accurate and shall ensure that the Company is informed of any inaccuracies promptly and in any event within 2 days of receipt of the Confirmation;
      2. co-operate with the Company in all matters relating to the Training;
      3. provide the Company with such information as the Company may reasonably require in order to supply the Training, and ensure that such information is complete and accurate in all material respects;
      4. obtain and maintain all necessary insurances, licences, permissions and consents which may be required for the Training and/or provision of the Treatment before the date on which the Training is provided;
      5. comply with all applicable laws, including health and safety laws;
      6. comply with all Covid-19 laws and/or national and local guidelines in force from time to time;
      7. ensure that for any remote electronic learning is set up and ready for the allocated time and day of Training and as detailed in the Confirmation;
      8. ensure that any practical work required during any remote electronic learning, and until duly certified in accordance with the guidance notes provided by the Company, is carried out on a mannequin head or on oneself for brow training, and the Company excludes all liability for the Customer failing to comply with this obligation;
      9. if applicable in relation to any Training provided by the Company that takes place at the Customer’s premises:
        1. provide the Company, its employees, agents, consultants and subcontractors, with access to their premises and other facilities as reasonably required by the Company; and
        2. prepare their premises for the supply of the Training.
    2. If the Company's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“ Customer Default”) without limiting or affecting any other right or remedy available to it, the Company shall have the right to suspend performance of the Training until such time the Customer remedies the Customer Default.
    3. Cancellation/Rescheduling of Training
      The Company requires 4 full working days’ notice to cancel or reschedule any Training.
      1. If the Customer fails to attend Training Day or practical assessment session without notice, the Customer will be charged a fee of £100 (“Cancellation Fee”). The Customer will not be able to rebook Training until the Cancellation Fee has been paid in full and cleared funds.
      2. With more than 4 full working days’ notice: If the Customer reschedules Training or a practical assessment session, this can be done for no fee provided the Customer gives the Company at least 4 full working days’ notice.
      3. With less than 4 full working days’ notice: If the Customer reschedules Training or a practical assessment session with less than 4 full working days’ notice the Customer will be charged a fee of £50 (“Rescheduling Fee”). The Customer will not be able to rebook Training until the Rescheduling Fee has been paid in full and cleared funds.
      4. If the Customer cancels Training or a practical assessment session with less than 24 hours notice the Customer will be charged £100.00 regardless of rescheduling.
      5. If the Customer’s model is unable to attend the Training Date or assessment as scheduled, the Company may permit, in its absolute discretion, the Customer to perform an assessment on a practice eye with a follow up home treatment on a client to achieve full certification. This is only applicable to lash courses. Please call the office to discuss. If the Company, in its absolute discretion, does not permit this and the Training Date is cancelled, then the Rescheduling Fee will apply.
      6. If the Customer is unwell and is unable to attend a booked training session, please call or email the office as soon as possible. The Rescheduling Fee will apply. If the Customer’s cancellation is due to covid, then the Company’s Covid-19 policy will apply and the Customer should contact the Company to discuss if this is relevant.
      7. The terms and conditions of this cancellation policy supersedes the terms of any previous policy and is applicable to all Training.
      8. The Company reserves the right to reschedule or cancel Training from time to time and this right shall be at its absolute discretion.

    1. The Charges for the Training shall be as agreed with the Company and as stated in the Confirmation and/or as detailed in the online booking process on the Website.
    2. The Company shall invoice the Customer for Charges for the Training at the time of Booking. Financing options are available to the Customer on request.
    3. The Customer will be required to pay the full amount for the Training, Training Package or the Deposit at the time of Booking (unless otherwise agreed by the Company at its absolute discretion) in order to secure their place on the Training. If a Deposit is paid then full payment of the balance will be due no less than 10 days before the Training. Time for payment of all Charges under these Conditions shall be of the essence and the Company shall be under no obligation to provide Training to a Customer who has not paid in full for the Training prior to the Training Date.
    4. If the Customer fails to make a payment of any of the Charges due to the Company under the Contract by the due date, then, without limiting the Company's remedies under Clause 9, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this Clause 5.4 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
    5. All amounts due from the Customer under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than the Deposit or any deduction or withholding of tax as required by law).
    6. Notwithstanding the Cancellation Policy detailed at clause 4.3 above, the Deposit shall be forfeited if the Customer fails to attend the Training within 6 months of the Booking.

    1. All Intellectual Property Rights in or arising out of or in connection with the Training and Treatment shall be owned by the Company.
    2. The Company grants to the Customer, or shall procure the direct grant to the Customer of, a fully paid-up, non-exclusive, royalty-free licence from the date of the Booking and for as long as the Customer is providing the Treatment as part of its business in a manner that could reasonably be expected of a professional beauty services provider, to copy and use the Company’s material for the purpose of promoting and performing the Treatment in its business (“ Licence”).
    3. The Customer shall not sub-license, assign or otherwise transfer the rights granted in clause 6.2.
    4. The Customer shall comply with the website terms of use conditions (see clause 15 at Terms & Conditions) in relation to use of any material on any of the Company’s websites or social media platforms or the Portal. For the avoidance of doubt, the Customer must not use any of the Company’s material in a manner that might reasonably be expected to bring the Company into disrepute. Further the Customer must not modify the paper or digital copies of any materials printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    5. The Company reserves the right to terminate the Licence and the Customer’s right to use any materials supplied to the Customer at any time at its absolute discretion.
    6. The Customer grants the Company a fully paid-up, non-exclusive, royalty-free, non-transferable licence to use, copy and modify any materials provided by the Customer to the Company in connection with the Customer’s provision of the Treatment in its business.

    Both parties will comply with all applicable requirements of the Data Protection Legislation and relates only to personal data, or any part of such personal data, in respect of which the Customer is the controller and the Company is the processor in relation to which the Company is providing Services under the terms of the Contract. This provision does not relieve, remove or replace a party's obligations under the Data Protection Legislation.

    1. Nothing in the Contract shall limit or exclude the Company's liability for:
      1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
      2. fraud or fraudulent misrepresentation; or
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
    2. Subject to clause 8.1, the Company shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      1. loss of profits;
      2. loss of sales or business;
      3. loss of agreements or contracts;
      4. loss of anticipated savings;
      5. loss of use or corruption of software, data or information;
      6. loss of or damage to goodwill; and
      7. any indirect or consequential loss.
    3. Subject to clause 8.1, the Company's total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to cost of the Training.
    4. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
    5. This clause 8 shall survive termination of the Contract.

    1. The Customer can terminate the Contract subject to the terms of the Cancellation Policy.
    2. The Company may terminate the Contract with immediate effect by giving written notice to the Customer:
      1. if the Customer commits a material breach of any term of the Contract;
      2. the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or otherwise suspends or threatens to suspend or ceases to carry on all or substantial part of its business;
      3. the Customer fails to pay any amount due under the Contract on the due date for payment; or
      4. there is a change of control of the Customer.
    3. Without affecting any other right or remedy available to it, the Company may suspend the supply of Training under the Contract or any other contract between the Customer and the Company if the Customer fails to pay any amount due under the Contract on the due date for payment, the Customer becomes subject to any of the events listed in clause 9.2, or the Company reasonably believes that the Customer is about to become subject to any of them.

    1. On termination of the Contract for whatever reason:
      1. the Customer shall immediately pay to the Company any outstanding unpaid invoices and interest or amounts due under the Cancellation Policy;
      2. the Customer shall immediately cease to use any of the Intellectual Property Rights under the Licence and shall cease promoting the Treatment in any way.
    2. Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
    3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.

    1. Force majeure. The Company shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
    2. Assignment and other dealings.
      1. The Company may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
      2. The Customer shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract.
    3. Confidentiality.
      1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 11.3.2.
      2. Each party may disclose the other party's confidential information:
        1. to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 11.3; and
        2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
      3. Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.
    4. Entire agreement.
      1. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
      2. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in the Contract.
      3. Nothing in this clause shall limit or exclude any liability for fraud.
    5. Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
    6. Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
    7. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
    8. Notices.
      1. All notices given under this agreement must be in writing either to a valid email address or postal address.
      2. Notices will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter.
      3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    9. Third party rights.
      1. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
      2. The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
    10. Governing law & jurisdiction. Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation shall be governed by English law and shall be subject to the exclusive jurisdiction of the court of England.
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