TERMS OF SERVICE
This website is operated by City Acting. Throughout the site, the terms “we”, “us” and “our” refer to City Acting. City Acting offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – DEFINITIONS
In these Terms and Conditions the following words shall have the following meanings, unless the context requires otherwise:
BOOKING CONFIRMATION City Acting’s booking confirmation which will normally set out the details and timing of the Courses, the Venue and the Fees;
STUDENT The person who orders Courses or accepts an offer from City Acting to deliver the Courses;
CITY ACTING Limited, company registered number 06685851 whose registered office is at Airport House, Suite 43-45, Croydon, Surrey CR0 0XZ.
FEE(S) The fee(s) payable by the Student for the relevant Courses as set out in the Booking Confirmation;
GENERAL TERMS The general terms and conditions to which use of the Site is subject as available on the Site from time to time;
INTELLECTUAL PROPERTY RIGHTS Intellectual property rights including, for the avoidance of doubt, patents, copyright, performers rights, rights in databases, design rights, trade marks and trade names whether registered or unregistered and subsisting anywhere in the World;
SITE The website www.cityacting.co.uk;
TERMS AND CONDITIONS These terms and conditions as varied by City Acting by posting the amended terms and conditions on the Site from time to time;
TUTOR The person providing the Courses on behalf of City Acting ;
COURSES The courses that City Acting agrees to provide subject to these terms and conditions as set out in more detail on the site and the booking confirmation;
COURSES MATERIALS Any materials and content provided by or on behalf of City Acting as part of the Courses ;
USER Any and all persons who access the Sites or Courses provided by City Acting;
VENUE the location where the services will be delivered in accordance with these Registration terms ;
VENUE PROVIDER The person or organisation providing the Venue for the Courses on behalf of City Acting;
VENUE TERMS The terms and conditions of use of the Venue as set by the Venue Providers In these Terms and Conditions unless the context requires otherwise:
- Any reference to a clause is to the relevant clause of these Terms and Conditions;
- Headings are included for convenience only and shall not affect the interpretation of these Terms and Conditions;
- The singular includes the plural and vice versa;
- Any gender includes the other gender;
- Any reference to a statute, statutory provision, subordinate legislation, code or guideline is a reference to such as amended and in force from time to time and to any legislation which reenacts or consolidates (with or without modification) any such legislation;
- Any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
- Any reference to "in writing" shall include email.
SECTION 3 – HOW THE CONTRACT IS FORMED
3.1. Courses can be booked online via the Courses booking form on the Site and the arrangements for Courses are subject to City Acting's confirmation of the booking whether by email and/or on the booking confirmation screen.
3.2. Notwithstanding any contract formed in accordance with clause 3.1, access to receive or use Courses is dependent on each User accepting and complying with these Terms and Conditions and it is the responsibility of the Client to ensure that all Users accept and comply with these.
SECTION 4 - GENERAL CONDITIONS
4.1 We reserve the right to refuse service to anyone for any reason at any time.
4.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
4.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 6 - FEES
Fees are usually payable immediately online at the time of ordering Courses or by bank transfer as indicated in the booking section of the Site.
SECTION 7 – CANCELLATIONS AND FEES REFUND POLICY
If you are acting as a consumer, under the CONSUMER CONTRACTS REGULATIONS 13 June 2014, you have a statutory right to cancel any distance contract (as defined within the Regulations) within 14 days of the date of purchase as long as you have not yet accessed the relevant Courses. Accordingly, you may cancel any contract to purchase Courses during the period up until the relevant Courses are delivered or the end of 14 days from the date of purchase, whichever is shorter. If you are acting as a consumer and validly cancel any contract for Courses within the Consumer Cancellation Period City Acting shall refund to you the Fees paid for the relevant Courses. If you are acting as a consumer and cancel any contract for Courses outside the Consumer Cancellation Period, the Fees paid by you for the relevant Courses shall be non-refundable. If you have already accessed the courses no refund will be issued.
SECTION 8 – COURSES SERVICES
City Acting shall procure that the Courses are provided by the Tutors to the Students at the Venues subject to these Terms and Conditions.
8.1. City Acting will use reasonable endeavours to ensure that the Venue shall be the Venue indicated in the Booking Confirmation, but where this is not possible, City Acting reserves the right to procure the use of other Venue(s) or the services of other Venue Provider(s),provided that City Acting shall give the Student notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the Student the right to terminate.
8.2. The Student acknowledges that the Venue Providers are separate legal entities to City Acting and the Student’s use of the Venue(s) is subject to the Venue Terms which are separate to the Terms and Conditions. The Student shall, and shall ensure that all parties employed or otherwise engaged by it or to whom the Student allows access to the Courses shall comply with all Venue Terms relating to the Courses and the Student’s attendance at the Courses.
8.3. City Acting will use reasonable endeavours to ensure that the Venue Providers provide adequate public liability insurance and other relevant insurances but City Acting disclaims all and accepts no liability for any acts or omissions of the Venue Providers.
8.4. The Student acknowledges that the Tutors are not employees of City Acting and that City Acting may, at its sole discretion, procure the services of third parties to provide any part of or all of the Courses.
8.5. The Tutors do not represent City Acting and the views and opinions of the Tutors are not necessarily the views and opinions of City Acting and City Acting disclaims all and accepts no liability for any acts or omissions of the Tutors, or the statements they make or information that they provide.
8.6. City Acting will use reasonable endeavours to ensure that any individually named Tutor(s) shall provide the relevant Courses, but where this is not possible, City Acting reserves the right to procure the services of suitable alternative Tutor(s). Any such change(s) shall not constitute a breach of contract and shall not give the Student the right to terminate.
8.7. City Acting will use reasonable endeavours to ensure that the Courses shall take place on the relevant date(s) and time(s) and at the Venue as agreed, but where this is not possible, City Acting reserves the right to alter the date(s), and/or time(s), provided that City Acting shall give the Student notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the Student the right to terminate.
8.8 Course lessons will not be extended due to late arrivals;
8.9 In the interests of the participants, only those involved in the Course session will sit in, unless by special arrangement;
8.10 The Students shall comply with the Tutor’s reasonable instructions at all times ; shall not do anything to endanger or distress other Course participants or do anything to disrupt the Course sessions.
8.11 While Tutors of City Acting Courses will use their best endeavours to ensure that Students make satisfactory progress, this cannot be guaranteed.
SECTION 9 – FORCE MAJEURE
City Acting shall have no liability to the Student under the Contract if it is prevented from, or delayed in, performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of City Acting or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of City Acting, freelancers or sub-contractors.
SECTION 10 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example feedback questionnaire) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - PERSONAL INFORMATION
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 – INTELLECTUAL PROPERTY
All Intellectual Property Rights and all other rights in the Website and the Services shall be owned by or licensed to City Acting. The Student acknowledges that no rights or licences are granted to the Student in respect of any Intellectual Property Rights under the Contract, unless specified in these Registration Terms.
SECTION 16 - LIMITATION OF LIABILITY
16.1 The following provisions set out the entire financial liability of City Acting (including any liability for the acts or omissions of its employees, agents, freelancers and sub- contractors) to the Student in respect of: any breach of the Contract, any use made by the Student of the Services or any part of them; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
16.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
16.3 Nothing in these Registration Terms excludes or limits the liability of either party: for death or personal injury caused by that party’s negligence; or fraud or fraudulent misrepresentation.
16.4 The Student agrees to release, indemnify and hold harmless City Acting from any and all responsibility, breach or liability for personal injury, death, mental anguish, emotional distress or any other costs or losses of any nature (including loss or damage to personal property left in the studio Venue) whatsoever resulting from the Student’s own acts or omissions, where it is caused by a third party unconnected with the provision of the Services or where it arises as a result of events which City Acting could not have foreseen or forestalled even if it had taken reasonable care.
16.5 The Student understands and is aware that the Services provided by City Acting, including the use of Equipment, are potentially hazardous activities. The Student also understands that exercise activities to be undertaken as part of Course(s) involve a risk of injury and even death, and that the Student is voluntarily participating in these Services and using Equipment with the knowledge of the dangers involved. The Student is aware that the Student has the right to request advice from any of City Acting’s staff and/or the Tutor, at any time, in relation to the Services and the Equipment being provided and, but not exclusively, its suitability for the Student, with particular regard to the Student’s health and clothing. If the Student chooses not to take advice, or to disregard any advice so given, the Student does so voluntarily and accepts liability for all resulting injuries or damage.
16.6 The Student hereby declares and warrants that they are physically sound and suffering from no condition, impairment, disease or infirmity or other illness that would prevent the Student’s participation in the Services or use of Equipment. The Student acknowledges that they have either had a physical examination and have been given their doctor’s permission to participate, or that they have decided to participate in the Services and use of Equipment without the approval of their doctor and do hereby assume all responsibility for their participation in the Services and utilisation of the Equipment. The Student therefore releases and holds City Acting harmless for all liabilities arising out of the Student’s failure to obtain their doctor’s permission to participate.
16.7 Subject to Clause 7.2 and Clause 7.3:
16.7.1 City Acting shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for: loss of profits; or loss of business; or depletion of goodwill or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of use; or loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; or any dissatisfaction in connection with the Website and/or the Services.
16.7.2 City Acting’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid for the Services.
16.8 Without limiting the generality of this Clause 7, the Student acknowledges that it is entirely responsible for deciding on what Course to undertake and for assessing the suitability of the Course and what results may be obtained from undertaking the Course. City Acting makes no representations or guarantees in respect of the Courses, or the results obtained therefrom, and shall not be liable to the Student in respect of any losses, liabilities or other claims made in respect of the Student undertaking the Courses, including (but not limited to) any loss of acting contracts or opportunities whatsoever.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless City Acting and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
19.1. Without limiting other remedies, City Acting may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate any contract for Courses and refuse to provide the Courses to you if:
19.1.1. you breach these Terms and Conditions or the General Terms
19.1.2. City Acting is unable to verify or authenticate any information you provide to us;
19.1.3. City Acting believes that your actions may cause legal liability for you, our members or us.
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.