Terms and Conditions of Service of Bamboo Learning Limited
1 DEFINITIONS
1.1 “Carer” means the person or persons responsible for the child’s discipline and shall include the parent/ legal guardian or school.
1.2 “Child” means any child registered with Bamboo undertaking a Course.
1.3 "Bamboo” means Bamboo Learning of Regents House, 316 Beulah Hill, London, SE19 3HL that owns and operates the Website.
1.4 "Website" means www.bamboolearning.com.
1.5 “Website Services” means all functionality available on the website for use by the general public.
1.6 “Course” means Chinese Mandarin tuition provided by Bamboo (or by such a person as Bamboo may direct) in such format as Bamboo shall from time to time decide and of varying length and in any Learning Facility.
1.7 "Contract" means any contract between Bamboo and the Carer in respect of a Child’s attendance at a Course incorporating these Terms.
1.8 “Order” means a request made by a Carer to Bamboo for a Child(ren) to attend a Course.
1.9 “Terms” means these terms and conditions and any special terms and conditions agreed in writing by Bamboo and the Carer.
1.10 “Learning Facility” means any building from which Bamboo operates a Course.
1.11 “Fee” means the amount payable for the Course.
2 ACCEPTANCE OF TERMS AND CONDITIONS
2.1 These Terms are the terms and conditions upon which the Child is accepted onto a Course by Bamboo. They shall apply to all contracts for the provision of Courses by Bamboo to the Child/Carer and shall prevail over any other documentation or communication from the Carer.
2.2 The Terms may be amended and updated by Bamboo from time to time and such amendments shall be advised to the Carer in writing. All references to the Terms shall mean the Terms as amended or substituted from time to time.
2.3 No variation or addition to the Terms (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Bamboo.
2.4 Any complaints should be addressed to Bamboo’s e-mail address (info@bamboolearning.com) or to the correspondence address as stated in the Contact section of the Website.
2.5 The Terms shall be deemed to have been accepted and agreed by the Carer upon payment of the Fee or upon the Child attending a course, whichever is the earlier.
2.6 The Supplier shall be entitled to alter these Terms at any time but this right shall not affect the existing Terms and Conditions accepted by the Carer upon making a purchase.
2.7 Any renewal of the Services will be subject to Bamboo’s then current Terms.
3 ORDERS, FEES AND PAYMENT
3.1 After the Order is received Bamboo shall confirm the Contract by email providing the description and Fee for the Course together with information on the right to cancel if the Carer is a Consumer.
3.2 Bamboo may choose not to accept an Order for any reason.
3.3 The price of the Course shall be that stipulated on the confirmatory email and on the website or invoice prior to payment.
3.4 Payment of the Fee shall be at least 10 working days prior to the course starting unless agreed in writing between Bamboo and the Carer.
3.5 VAT, if applicable shall be added to the Fee at the current rate from time to time in force.
3.6 When paying a fee through the Website, the technical steps the Carer needs to take to complete the payment process are described in the Registration Process section within the Website.
4. CANCELLATION
4.1 Bamboo may cancel the Contract in its absolute discretion, at any time before the Child commences the Course or during the Course for any reason. Bamboo shall not be liable for any loss, damage of expenses whatsoever arising from such cancellation.
4.2 In the event of of cancellation by Bamboo prior to the commencement of the Course by the Carer, Bamboo will refund any Fee paid.
4.3 Where the Carer is a Consumer, the Carer has the right to cancel the Contract, by notice in writing, at any time before seven working days has passed from the day after the Contract was made. If, however, Bamboo starts to perform its side of the Contract with the agreement of the Carer before the Carer exercises this right to cancel, the right to cancel is lost.
4.4 Cancellation by the carer at any time will not be refunded.
5 CARER’S RESPONSIBILITY
5.1 The Carer warrants and represents that information on the Child(ren) provided to Bamboo is accurate in all respects and that the Carer will notify Bamboo of any change of such information immediately.
5.2 The Carer warrants and represents that the Child(ren) will not attend the course whilst suffering from any infectious or contagious diseases.
5.3 Carers that are schools, and parents or teachers sitting in on courses, undertake to work with Bamboo to make the Learning Facility a safe place to operate a Course.
5.4 The Carer shall indemnify and keep indemnified Bamboo against all loss (including loss of profit), liability, costs and expenses which Bamboo shall incur directly or indirectly as a consequence of omission by the Carer or Child(ren).
6 DISCIPLINE
6.1 In the event that Bamboo in its sole and absolute discretion determines that the behaviour of any Child and or Carer is unacceptable, Bamboo shall be entitled to exclude the Child and/or the Carer from the Course and Learning Facility permanently or for such a period as Bamboo shall in its absolute discretion determine and in these circumstances the Fee will not be refunded.
7 BAMBOO’S RESPONSIBILITY AND EXCLUSION OF LIABILITY
7.1 Bamboo shall begin to deliver the Course within 30 days of the Fee being paid.
7.2 Bamboo shall deliver the Course with reasonable skill and care. However, where applicable, Bamboo does not guarantee that the Course will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Course will be complete, accurate, secure, up to date, received or delivered correctly or at all. Bamboo may have to suspend the Course for improvement or suspend the Website for repair, maintenance or improvement. If so, Bamboo will restore the services as quickly as is reasonably possible.
7.3 Except as may be implied by law where the Carer is dealing as a Consumer, in the event of any breach of these Terms by Bamboo the remedies of Bamboo shall be limited to damages which shall in no circumstances exceed the price of the Course and Bamboo shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
7.4 Nothing in these Terms shall exclude or limit the liability of Bamboo for death or personal injury resulting from the negligence of Bamboo or that of Bamboo’s agents or employees.
8. WEBSITE
8.1 Use of the Website implies adherence to the Terms and Conditions of use of the Website available at www.bamboolearning.com.
8.2 Bamboo reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.
8.3 Bamboo reserves the right to withdraw the Services from the Website at any time.
8.4 Bamboo shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an Order.
9. GENERAL
9.1 No waiver by Bamboo (whether express or implied) in enforcing any of its rights under the Contract shall prejudice its rights to do so in the future.
9.2 Bamboo shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and Bamboo shall be entitled to a reasonable extension of its obligations.
9.3 Whilst Bamboo believes these Terms are fair and reasonable, if any term or provision within them or any provision of the Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid illegal or unenforceable provision eliminated.
9.4 The contract shall be governed by and construed in accordance with English Law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English courts.
Version (2) 25/11/2006