Terms & conditions.
This page tells you the terms and conditions under which NAF! School Ltd (“we, “us”, “our”) provide services booked through this website.
Information about us and contacting us
We operate the website www.nafschool.com (the “Website”). We are NAF! SCHOOL LTD a company incorporated and registered in Scotland with company number SC643083 whose registered office is at 211 West George Street, Glasgow, Scotland, G2 2LW.
If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning 0141 378 8354. You can also e-mail us at firstname.lastname@example.org.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your booking.
These terms and conditions (“Terms”) apply to your submission of a booking for any of our courses, classes and workshops (“Services”) through our website.
Please read these Terms carefully and make sure that you understand them before booking any of our Services. Please note that before booking you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able book any of our Services on our Website. If you do not understand any part of these Terms please let us know.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 15. Every time you wish to book any of our Services through the Website, please first check these Terms as they may have changed since the last time you visited our Website.
How the contract is formed
Our Website will guide you through the steps you need to take to book any of our Services. Our booking process allows you to check and amend any errors before submitting your booking. Please take the time to read and check your booking at each page of the booking process to ensure that it is complete and accurate.
When you request a booking with us, this does not mean we have accepted your booking for any of our Services. We will confirm our acceptance to you by sending you an e-mail (“Booking Confirmation”). The contract between us will only be formed when we send you the Booking Confirmation.
If we cannot accept your booking
If we are unable to supply you with the Services, for example because the relevant course, class or workshop is fully booked, because you are under the age of 16 or because of an error in the price on our Website as referred to in clause 8.3, we will inform you of this by e-mail and we will not accept your booking. If you have already paid for the Services or paid a deposit, we will refund you the full amount as soon as possible
Changes to booking or terms
We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
Every time you book Services with us, the Terms in force at the time of your booking will apply to the contract between you and us.
We may revise these Terms as they apply to your booking from time to time to reflect the changes in relevant laws and regulatory requirements.
If we have to revise these Terms under clause 5.3, you can choose to cancel the contract in accordance with clause 12.
The Services will be provided on the course dates set out on the Website. You can view the dates of our courses in the “Book Online” section of our Website.
If you cannot attend the course on any particular dates you are still required to pay for the Services in full.
We will make every effort to complete the Services on time. However, there may be delays due to an event outside our control. See clause 11 for our responsibilities when an event outside our control happens.
We will need certain information from you that is necessary for us to provide the Services, for example, your full name, telephone number, email address, date of birth, details and certificates of any relevant qualifications, special requirements (including allergies) and any additional learning support needs. We will contact you in writing and by telephone about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Services under this clause 6.4, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices we have already sent you.
We may have to suspend the Services, relocate or rearrange the course dates if we have to deal with problems with the venue. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. If you are not able to attend any rearranged or relocated course dates we will refund you on a pro rata basis for Services you do not receive.
If you do not pay us for the Services when you are supposed to as set out in clause 8.2 we may suspend the provision of the Services to you with immediate effect until you have paid us the outstanding amounts. We will contact you to tell you this and you will not be permitted entry to the venue where the Services are provided until you have paid the outstanding amounts.
If there is a problem with the services
As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
If you believe that the Services have not been provided with reasonable skill and care:
please contact us and tell us as soon as reasonably possible; and
please give us a reasonable opportunity to remedy any non-compliance with our obligations to provide the Services with reasonable skill and care.
Price and payment
The price of the Services and any deposit payable (the “Deposit”) will be set out on our Website at the time of booking the relevant Service. Our prices may change at any time, but price changes will not affect bookings that we have confirmed with you.
You will have the option to pay either the full amount of the price payable or the Deposit by credit or debit card when you submit your booking. If you choose to pay the Deposit you must pay the balance of the full amount of the price at least 14 days prior to the first day of the course which you are attending.
Our Website contains a number of different types of Services which we provide. It is always possible that, despite our best efforts, some of the Services on our Website may be incorrectly priced. If we discover an error in the price of the Services you have booked we will contact you to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your booking. We will not process your booking until we have your instructions. If we are unable to contact you using the contact details you provided during the booking process, we will treat the booking as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
Your rights to a refund on cancellation are set out in clause 13.
The prices set out on the Website include VAT. However, if the rate of VAT changes between the date of the booking and the date of performance of the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Royal Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
Non-Payment of the Price
If we have not received payments due to us on their due date we may:
refuse to provide the Services or part of the Services to you (including by refusing to grant you entry to venue where the Services are to be provided); and/or
withhold any certificates, portfolio photographs or other documents or materials which we have offered to provide to you following completion of the Services until such time as we have received payment from you in full.
Our liability to you
Our liability is excluded to the maximum extent permitted by law including any implied terms.
We do not exclude or limit in any way our liability for:
death or personal injury caused by our negligence or the negligence of our employees, agents, subcontractors or third party service providers;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); or
defective products under the Consumer Protection Act 1987.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control.
An “event outside our control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an event outside our control takes place that affects the performance of our obligations under these Terms:
we will contact you as soon as reasonably possible to notify you; and
our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the event outside our control is over.
You may cancel the contract if an event outside our control takes place and you no longer wish us to provide the Services. Please see your cancellation rights under clause 12. We will only cancel the contract if the event outside our control continues for longer than four (4) weeks in accordance with our cancellation rights in clause 13.
Your consumer right to cancel and applicable refund
As you are a consumer you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the cancellation period set out below in clause 12.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive the Services, you can notify us of your decision to cancel the contract and receive a refund, minus your deposit which is non-refundable. Advice about your legal right to cancel the contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
Your cancellation period for a booking ends at the end of 14 days after the date of your Booking Confirmation. Your deposit payment for your course is non-refundable.
To cancel the contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email email@example.com or contact us through the cancellation policy page on our website www.nafschool.com/cancellations. If you use this method we will e-mail you to confirm we have received your cancellation.
You can also e-mail us at firstname.lastname@example.org or contact our bookings team by telephone on 0141 378 8354 or by post to NAF! School, 19 Elmbank Street, Glasgow, G2 4PB. If you are e-mailing us or writing to us please include details of your booking to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
If we cancel a booking under clause 12.1 and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you minus your deposit payment which is non-refundable.
We will not begin to supply the Services to you before the end of the cancellation period in clause 12.2 unless you have expressly requested that we do so. As: (a) we may begin providing the Services immediately following confirmation of your booking by purchasing materials for you to use on the course; and (b) because some attendees place a booking less than 14 days before a course start date, you need to provide us with express consent by ticking the relevant box during the booking process. If you do not tick this box you will not be able to place a booking.
Once we have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving us written notice if:
we break this contract in any material way and we do not correct or fix the situation within thirty (30) days of you asking us to in writing;
we go into liquidation or a receiver or an administrator is appointed over our assets;
we change these Terms under clause 15 to your material disadvantage; or
we are affected by an event outside our control (see clause 11 as regards events outside our control).
Our rights to cancel and applicable refund
We may have to cancel a booking before the start date for the Services, due to an event outside our control (see clause 11 in relation to events outside our control) or the unavailability of key personnel or key materials without which we cannot provide the Services. We will promptly contact you if this happens.
If we have to cancel a booking under clause 12.1 and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you. NAF! School Ltd. is not responsible for any loss of income or accommodation/travelling costs students may incur due to the cancellation of courses.
Once we have begun to provide the Services to you, we may cancel the contract for the Services at any time by providing you with at least seven (7) calendar days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
you do not pay us when you are supposed to as set out in clause 8.2. This does not affect our right to charge you interest under clause 8.6; or
you break the contract in any other material way and you do not correct or fix the situation within seven (7) days of us asking you to in writing.
How we may use your personal information
We will use the personal information you provide to us to:
provide the Services;
process your payment for such Services; and
inform you about similar services (or products) that we provide, but you may stop receiving these at any time by contacting us.
You agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
We will not give your personal data to any other third party.
Our right to vary these terms
Every time you book Services to be provided by us, the Terms in force at the time of your booking will apply to the contract between you and us.
We may revise these Terms as they apply to your booking from time to time to reflect any changes in relevant laws and regulatory requirements.
If we have to revise these Terms as they apply to your booking, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. If you opt to cancel and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
Occasionally we will document courses, classes and workshops for use in our promotional material. By taking part in courses, classes and workshops you are giving us the authority to use your name, likeness, image, voice and participation on film, tape or otherwise for use in all future promotional and documentation purposes.
If you are uncomfortable being included in any filming please let us know in writing and we will do our best to make sure that you are not included in any final videos. Due to the nature of filming, you may be briefly visible in the background of a shot. Exemption from filming will be taken from the date of your correspondence with us and your likeness will not be used in any further videos, but no previous videos will be removed or altered.
Other important terms
We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
By signing up to these Terms you confirm that you are at least 16 years of age.
We reserve the right to remove you from any of our courses, classes or workshops without refund or exchange if you exhibit any disruptive or aggressive behaviour.
All materials provided by us are our property and will remain so for the duration of the provision of the Services.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by Scottish law. You and we both agree to submit to the non-exclusive jurisdiction of the Scottish courts.