The Fantastic Hairdresser - Terms and Conditions

Terms and Conditions

Please read these Terms and Conditions of Use ('Terms') carefully before using www.fantastic-hairdresser.co.uk ('the Website'). These Terms apply to all users of this Website including casual browsers.

Part A applies to all users of the Fantastic Hairdresser Website
Part B applies if you join The Fantastic Hairdresser Academy as a member

Part A

1. Terms applying to all users of the Fantastic Hairdresser Academy website.

Please read these Terms and Conditions of Use ('Terms') carefully before using www.fantastic-hairdresser.co.uk ('the Website').

In these Terms, 'we', 'us' ‘Fantastic Hairdresser Academy’, ‘the Academy’ and 'Fantastic Hairdresser' means :

TFH Media Ltd
Fiveways
57-59 Hatfield Rd
Potters Bar
South Yorkshire
EN6 1HS

which is the owner of this Website and the Fantastic Hairdresser brand, and 'you' means the user of this Website. We reserve the right to withdraw all or part of the Website at any time

By using this Website you agree to be bound by these Terms, the Privacy Statement and the Copyright Statement

You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse.

Whilst we try to ensure that the Website does not contain any error, defect, malfunction or corruption, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Website or any materials made available via the Website (except for death or personal injury caused by our negligence).

We cannot promise that access to the Website will be uninterrupted or error free. We reserve the right to suspend access to the Website between the scheduled maintenance window of approximately 01.00 and 02:30 GMT each day. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of TFH Media Ltd.

You accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.

We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Website or any or content and/or facilities provided via the Website :

any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;
any loss or corruption of data; or
any indirect or consequential loss.

The exclusions and limitations of liability contained in this section do not apply to :

any loss or damage resulting from death or personal injury caused by our negligence;
loss or damages arising from our fraudulent misrepresentation; or
any other losses which may not be excluded or limited by law.

Each provision of this Paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

The receipt of the services is personal to you and you may not transfer your rights to access the course materials or to receive the services to another person unless we have consented in writing to you doing so.

If any provision of these Terms becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these Terms shall not be affected.

If either we or you fail to enforce, or delay in enforcing, any of our respective rights or remedies under these Terms, such failure or delay shall not operate as an agreement to waive that right or remedy, and shall not prevent us from exercising that right or remedy in the future.

These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.

2. Purpose of the Website

The purpose of the Website is to provide individuals and businesses with information and a the range of courses, as well as products and other services offered by or via The Fantastic Hairdresser web site and Academy .

3. Copyright

The materials on this Website are protected by our and by third party copyright and other intellectual property rights as described in the Fantastic Hairdresser Copyright Statement.

4. Third Party Links

The Fantastic Hairdresser and The Academy may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of TFH Media Ltd. These third-party links are provided for your convenience only and are accessed at your own risk. TFH Media Ltd is not responsible in any way for the content of any third party website or for goods or services provided by the operators of such websites.

5. Amendments to the Terms

Part B

6. Terms Applying if you join The Fantastic Hairdresser Academy (The Academy) as a Member

Please read Part B carefully before registering as a member of The Academy via the Website. These Terms govern the process of registering as a member of The Academy and the use of the facilities provided to Academy members.

7. Registration

To register as a member of The Academy you must be at least 16 years old. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete and you agree that you will ensure it is kept accurate and up to date at all times.

We may refuse to accept your application to register as a member of The Academy for any reason in its absolute discretion.

8. Password

When you register as a member of The Academy you will be asked to select a user name and password. As you will be responsible for all activities that occur under your user name and password, you should take care to keep your user name and password confidential. You must notify us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require you to alter your username and password if it believes that they are no longer secure.

The information that you provide to us upon registration and at any other time is subject to the Fantastic Hairdresser Privacy Statement.

9. Availability of the Website

We use reasonable endeavours to ensure that the Website is available 24 hours a day 7 days a week. We reserves the right to suspend access to the Website between the scheduled maintenance window of approximately 01:00 and 02:30 GMT each day. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunications links and equipment which are beyond the control of TFH Media Ltd.

10. Technical Support

We provide technical support to members of The Academy. Requests for technical support from such members will be routed to the Fantastic Hairdresser Customer Delight Department available during UK working hours. We use reasonable skill and care in providing such technical support and will use reasonable endeavours to ensure that this service is available but cannot guarantee uninterrupted availability.

You acknowledge and accept that periods of downtime may be required in respect of The Fantastic Hairdresser IT infrastructure in the circumstances outlined in these Terms (dealing with unavailability of the Website) and that technical support may not be available during such periods of downtime. You accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

Subject to Paragraph 12, we exclude all other warranties, express or implied, as to the performance and availability of the technical support service, except as expressly stated in these Terms and Conditions. We do not guarantee that the technical advice provided by us will resolve your technical problems. If you decide to avail of such technical advice, you should ensure that such advice is strictly followed.

11. Liability

We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the website or other services provided via the website:

any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;
any loss or corruption of data; or
any indirect or consequential loss;

The maximum aggregate liability of TFH Media for all claims, whether made in contract, tort under statute or otherwise (including in each case negligence) which are not otherwise excluded under these Terms ("Claims") shall be limited to ��250 in respect of one incident or series of incidents arising from a common cause in each 12 month period commencing with the date that you became a member of The Academy. The exclusions and limitations of liability contained in this section do not apply to:

any loss or damage resulting from death or personal injury caused by our negligence;
loss or damages arising from our fraudulent misrepresentation; or
any other losses which may not be excluded or limited by law.

12. General

Subject to the terms of any agreement we conclude with you if you enrol as a member of The Academy, we reserve the right to withdraw all or part of the Website at any time.

These Terms are governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English Courts.

We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website. The date of the last revision to these Terms is provided at the end of the Terms. We recommend that you revisit this page from time to time to ensure that you are aware of any changes that we have made to these Terms. If you continue to use the Website or other services provided to members of The Fantastic Hairdresser and/or The Academy, you will be deemed to have accepted those changes.

13. Our Liability to You

The exclusions and limitations of liability contained in these Terms do not apply to:

any loss or damage resulting from death or personal injury caused by our negligence;
loss or damages arising from our fraudulent misrepresentation; or
any other losses which may not be excluded or limited by law.

We shall not be responsible to you in the event that we cannot provide the Services to you due to an event beyond our reasonable control, which includes (but is not limited to) events such as, fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. In the event that we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable.

In no event shall we be responsible to you for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. Further, in no event shall we be liable to you for any indirect or consequential loss that you may suffer.

We are not responsible to you for any data that you lose.It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing The Academy, and (ii) all data that you are inputting when completing the course.

Each provision of this paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

14. Your Right to Use the Course Materials and your Related Obligations

You may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Course Materials. Any use of the Course Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.

15. Message Boards

The Academy offers a message board facility to all members who have enrolled in the Academy. This enables you to post comments on and discuss both the content and service provided on the Website, the courses offered via the Website and the general learning experience with your fellow learners, members and tutors. For the avoidance of doubt, any comments or materials that you post on any area of the website are subject to this paragraph.

The Academy reserves the right to establish general rules and limits concerning use of its message board facilities. We shall notify you via these terms and conditions if we amend any such rules or limits.

You acknowledge that you are solely responsible for any content or other materials that you send or post to the message board or any part of the Website and that all message boards are moderated by TFH Media and that TFH Media reserves the right to remove any message which is inconsistent with our aim of promoting an inclusive environment. You agree not to use the message board or any part of the Website:

for any unlawful purposes;
to transmit or communicate any material which is obscene, offensive, blasphemous, pornographic, unlawful, threatening,
to transmit or communicate any material which infringes our or any other person's copyrights, trade marks, patents, moral rights or other intellectual property rights of any nature;
for commercial purposes including without limitation the publishing or circulation of any promotion, or advertisement, or the solicitation of funds or the sale or supply of goods or services;
to transmit or communicate any material which is likely to have a detrimental effect on our or any other person's reputation;
to transmit or communicate any unsolicited or unauthorised materials, chain letters, junk mail or spam;
to transmit any material which is likely to cause harm to The Fantastic Hairdresser Web Site or anyone else's computer systems, including but not limited to any virus, code, worm, data or other routine purposely designed to damage or cause any defect, error, malfunction or corruption to any computer system;
to transmit or communicate any material in breach of the Computer Misuse Act 1990;
to impersonate or falsely state or misrepresent your association with any entity or person including without limitation The Fantastic Hairdresser Company and any of it’s employees, and other members;
to obtain, collect or store any personal data about any visitors, members or learners of the Website;
to transmit applications which make excessive demands on bandwidth;

If you post any comments or content on the Website you grant TFH Media Ltd and the provider a non-exclusive royalty free perpetual irrevocable right and licence to reproduce, modify, edit, adapt, publish, translate, distribute and display such materials in any and all media now known or in future created throughout the world and authorise others to do so. You further agree to irrevocably and unconditionally waive all moral rights which you may have in respect of any material posted by you on the website.

16. Removal of content and response to complaints

In the event that you send any content that breaches the provisions of the above paragraph, TFH Media Ltd reserves its right to remove that content or disable access to it and to respond to any complaints made by a third party in respect of that content. TFH Media Ltd will not be liable to you if it removes any content because it believes that such content breaches the provisions of these Terms.

TFH Media may also preserve any content that you send or receive if required to do so by law or if reasonably required to ensure compliance with the Terms or to respond to third party complaints about such content.

17. General

These Terms constitute the entire agreement between us in relation to the provision by us to you of the Services, and they replace and supersede any prior arrangements between us in relation to the Services. You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Services other than those expressly set out in these Terms. Nothing in this Paragraph shall exclude or restrict our liability for fraud or fraudulent misrepresentation.

The agreement between us which is comprised of these Terms is not intended to be for the benefit of any third party, and shall not be exercisable by any other person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

The continued use of the Website following any changes to the Terms will mean that you accept such changes.

18. Contacting TFH Media Ltd

You can contact us:

by telephone on 0044 (0) 20 8 996 1644 between [09.00 and 17.00 GMT Mondays to Fridays];
by email at info@fantastic-hairdresser.co.uk; or
by post at:
The Fantastic Hairdresser Company Ltd,
Barley Mow Centre,
Barley Mow Passage,
London,
W4 4PH;
by fax on 0044 (0) 20 8 996 1643

Last Updated : 28th September 2006