BACKGROUND: 

1. These Terms of Sale together with the attachment and any and all other documents referred to in these Terms of Sale, set out the terms and conditions on which Courses of photographic tuition, provided at our Premises, are sold by Us to Consumers through this website, www.fotospeed.com (“Our Site”).  
2. Terms and information that are specific to accessing Our Courses presented by a Tutor as defined below at Our Premises are set out in the attachment below for ease of reference but they will have the same effect as if set out in these Terms of Sale.
3. Please read these Terms of Sale and the attachment below carefully and ensure that You understand them before purchasing a Course. If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss. 

When setting up an Account before purchasing any Course, You will be required to read, accept, and agree to comply with and be bound by these Terms of Sale and the attachment. If You do not, You will not be able to purchase a Course.  

“Account”	means the account, referred to in sub-Clause 7.1, that You must set up with Us in order to purchase any Course;
“Consumer”	means an individual customer who purchases any Course  comprising Paid Content for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;
“Contract”	means a contract between Us and You for the purchase of a Course for You to access any Paid Content, as explained in Clause 7;
“Paid Content”	means any content (including text, graphics, images, audio, and video) comprising any session of tuition, instruction, teaching, coaching, training, or mentoring, or any other materials or information, which We offer.  Paid Content will be more fully described in other information that We give or make available to You before You order a Course.
“Course”	means a course of tuition purchased by You, which provides You with the entitlement to attend photographic tuition in any of the following forms and access any Paid Content, as described in your order: one or more specific single events or items; and/or one or more series or collections of two or more specific events or items;  We will give You information about the times and dates or periods of access to (a) and (b) before You purchase the Course as to which, see sub-Clause 7.4.6).
“Course Confirmation”	means Our acceptance and confirmation of Your purchase of a Course;
“Course ID”	means the reference number for Your Course;
“Tutor”	means the tutor, instructor, teacher, coach, mentor, or other individual who presents the Course and/or who interacts with You online during any session of tuition;
“We/Us/Our”	means Jay House Limited, a limited company registered in England under 02300371, whose registered address is Lower Beversbrook Industrial Estate, Redman Road, Calne, Wiltshire, United Kingdom, SN11 9PL. and
“You”	means the Consumer who sets up an Account and purchases a Course.

1. Information About Us
   1. Our Site, www.fotospeed.com is owned and operated by Jay House Limited, a limited company registered in England under 02300371, whose registered address is Lower Beversbrook Industrial Estate, Redman Road, Calne, Wiltshire, United Kingdom, SN11 9PL. Our VAT Number is 543107082

 

If You wish to contact Us with general questions regarding Your Course or Account, cancellations or complaints, You may contact Us by telephone at 01249 714555 by email at sales@fotospeed.com or by post at Lower Beversbrook Industrial Estate, Redman Road, Calne, Wiltshire, United Kingdom, SN11 9PL.

 

Only if a person is aged at least 18 years of age and a Consumer may they set up an Account or purchase a Course through Our Site and access Paid Content, unless they have their parents’ or guardians’ prior consent to do so.

These Terms of Sale and the attachment below do not apply to customers purchasing Courses and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.

1. Courses, Pricing and Availability
   1. We make all reasonable efforts to ensure that all descriptions of Courses available from Us correspond to the actual Course that You will receive.
   2. We may from time to time change Our prices. Changes in price will not affect any Course that You have already purchased but will apply to any subsequent renewal or new Course. We will inform You of any change in price before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in sub-Clause 12.1.
   3. In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Course content. If We do so, We will inform You before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract as described in sub-Clause 12.1.
   4. If We discover an error in the price or description of Your Course after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 12.4.
   5. All prices on Our Site include VAT. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
2. Orders – How Contracts Are Formed
   1. Our Site will guide You through the process of setting up an Account and purchasing a Course. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Course, You will be given the opportunity to review Your order for the Course and amend it. Please ensure that You have checked Your order carefully before submitting it.
   2. If, during the order process, You provide Us with incorrect or incomplete information (including any incorrect or incomplete information about You or the type of Course that You require) please contact Us as soon as possible.  If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of a Course that results from You providing incorrect or incomplete information.
   3. No part of Our Site constitutes a contractual offer capable of acceptance.  Your order to purchase a Course constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You a Course Confirmation by email. Only once We have sent You a Course Confirmation will there be a legally binding Contract between Us and You.
   4. Course Confirmations shall contain the following information:
      1. Your Course ID;
      2. Confirmation of the Course ordered including full details of the main characteristics of the Course;
      3. Fully itemised pricing for Your Course including, where appropriate, taxes, and other additional charges;
      4. The duration of Your Course (including the date or dates the Course will take place);
      5. Confirmation of Your acknowledgement that if the Course is made available to You during the cooling-off period, You will lose Your legal right to change Your mind and cancel upon attending a Course as detailed below in sub-Clause 11.13.1;
   5. In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 14 calendar days.
   6. Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
   7. Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Course.
3. Payment for Courses
   1. Payment for each Course must always be made in advance in full. Your chosen payment method will be charged when We process Your order and send You a Course Confirmation.
   2. We accept the following methods of payment on Our Site:
      1. All Major Credit & Debit Cards;
      2. PayPal;
      3. Apple Pay, Google Pay;
      4. Bankers Cheque.
   3. If You do not make any payment due to Us on time, We will suspend Your access to the Course. For more information, please refer to sub-Clause 9.6. If You do not make payment within 28 Days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
   4. If You believe that We have charged You an incorrect amount, please contact Us at accounts@fotospeed.com as soon as reasonably possible to let Us know.
4. Provision of Courses
   1. We undertake to make available to You on these Terms of Sale the Course for which You have ordered but if You choose not to attend some or all of that Course or, for any reason not attributable to Us, You are unable to do so, You will not be entitled to any refund.
   2. Your Course will be available to You in accordance with the dates and description on your Course Confirmation and subject to the following:
      1. When You place an order for a Course, You will be required to expressly acknowledge that by attending a Course, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”).   Please see sub-Clause 11.13.1 for more information.
      2. In some limited circumstances, We may need to suspend the provision of a Course (in full or in part) for one or more of the following reasons:
         1. To update the Course to comply with relevant changes in the law or other regulatory requirements;
         2. To make more significant changes to the Course content as described above in sub-Clause 6.4.
   3. If We need to suspend availability of the Course for any of the reasons set out in sub-Clause 9.4, We will inform You in advance of the suspension and explain why it is. If the suspension lasts (or We tell You that it is going to last) for more than 30 calendar days, You may end the Contract as described below in sub-Clause 12.2.
   4. We may suspend provision of the Course as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 7 calendar days of Our notice, We may suspend provision of the Course until We have received all outstanding sums due from You. If We do suspend provision of the Course, We will inform You of the suspension. You will not be charged for any Course while provision is suspended.
   5. Any refunds under this Clause 9 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
   6. Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Course,
5. Licence
   1. When You purchase a Course, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence for You to access, participate in and use the Course materials for Your personal, non-commercial purposes. The licence granted does not give You any rights in Our Course materials (including any material that We may licence from third parties).
   2. The licence granted under sub-Clause 10.1 is subject to the following usage restrictions and/or permissions:
      1. You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Course materials (or any part of them) or make them available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); [and]
6. Cancelling Your Course
   1. You must be 18 or over and a “Consumer” to book and attend any Course session.
   2. A time/date slot for a Course session is subject to availability. No priority is given, and a Course session time/date slot will be offered on a first-come-first-served basis. We will not reserve or guarantee any particular time/date slot for any Course session unless and until You book and pay for it.
   3. You may book a Course session in person, by email, by phone or through Our website as a single Course session or as part of any available package of Course sessions.
   4. We will only provide a Course session to You if we have confirmed and mutually agreed the time and place and if you have paid for it.
   5. When You book any Course session, We will require You to have paid Us in advance for it, and We will be entitled to keep some or all of that payment as set out in sub-Clauses 11.9 or 11.10 below if You later cancel the Course sessions without giving Us the prior notice that We require to be given as explained in the following provisions of this Clause 11.
   6. If You arrive late either online or in person for any Course session, We will not extend the length of it beyond its scheduled finishing time unless We specifically agree (at the coach’s sole discretion) to do so at the time when You arrive.
   7. You may cancel a Course session without charge if You give Us at least 48 hours prior notice of the cancellation. We will not refund You any sum for the cancelled Course session but You may rebook it for a date falling within a two-week period after the date of the cancelled Course session.
   8. We may cancel a Course session booked by You at any time before the time and date of that Course session in the following circumstances:
      1. The coach necessary for the Course session is not available; or
      2. To fix certain technical problems relating to the video technology;
      3. An event described in sub-Clause 8 below occurs and continues for more than 30 days; or
      4. We find that you are not a “Consumer” (as defined in Clause 1 above).
   9. If We cancel a Course session in such circumstances We will not refund You any sum for the cancelled Course session but You may rebook it for a date falling within a two week period after the date of the cancelled Course session.
   10. We will use all reasonable endeavours to start the Course session You have booked at its scheduled start time, but the start may be delayed by overrun of a previous Course session or by other circumstances. In the event of such a delay, Your Course session will be extended for the length of the delay.
   11. Course sessions, prices and Tutors are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.
   12. We may immediately terminate a Course session if Your conduct is in Our reasonable opinion unacceptable, or if it amounts to Your breach of these Terms and Conditions. You will not be entitled to any refund for a Course session started but not completed in such a case.
   13. Where the contract We make with You is not made on Our Premises, so it is made either online, by phone or by post, the Regulations give You the rights set out in this sub-Clause 11.13, and they will be in addition to the rights given to You by the above provisions of this Clause 11.
       1. You may for any reason cancel a booked Course session or the package of Course session during the 14 day period after We accept that booking, but if the booking includes any Course session on a date which is before the end of that 14 day period, and if You have expressly requested Us to provide any such Course session in that 14 day period and We do so, You may not cancel that requested Course session and You must pay for it in accordance with Clause 4, and You may only cancel any other Course session covered by that booking. 
       2. If You request that Your booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Sub-clause 11.13, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the Course session(s) covered by that booking that We have already provided. For this purpose, where any one or more Course session has been paid for as part of a package, then You may cancel such Course session(s) (either booked for any date(s) after that 14 day period or not yet booked), and We will refund for each such cancelled Course session the total package price amount paid divided by the total number of Course session in that package.
   14. If You wish to exercise Your right to cancel under this Clause 11, You may inform Us of Your cancellation in any way You wish by contacting Us directly using the following details:
       1. Telephone: 01249 714555;
       2. Email: sales@fotospeed.com;
       3. Post: Lower Beversbrook Industrial Estate, Redman Road, Calne, Wiltshire, United Kingdom, SN11 9PL;

in each case, providing Us with Your name, address, email address, telephone number.

1. Refunds under this Clause 11 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.
2. Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your order.
3. Your Other Rights to End the Contract
   1. You may end the Contract at any time if We have informed You of a forthcoming change to Your Course or the Paid Content (as described in sub-Clauses 6.3 or 6.4), or to these Terms of Sale that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Course, We will issue You with a refund, pro-rata to account for any session(s) that You have already attended.
   2. If We have suspended availability of the Course for more than 30 days, or We have informed You that We are going to suspend availability for more than 30 days, You may end the Contract immediately, as described in sub-Clause 9.5. If You end the Contract for this reason, We will issue You with a refund, pro-rata to account for any session(s) that You have already attended..
   3. If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a refund, pro-rata to account for any session(s) that You have already attended..
   4. If We inform You of an error in the price or description of Your Course or the Paid Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a pro-rata refund.
   5. You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
   6. Refunds under this Clause 12 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Course.
   7. If You wish to exercise Your right to cancel under this Clause 12, You may do so in any way You wish by contacting Us directly using the following details:
      1. Telephone: 01249 714555;
      2. Email: sales@fotospeed.com;
      3. Post: Lower Beversbrook Industrial Estate, Redman Road, Calne, Wiltshire, United Kingdom, SN11 9PL;

in each case, providing Us with Your name, address, email address, telephone number.

1. Our Liability to Consumers
   1. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
   2. Our Course is intended for non-commercial use only. We make no warranty or representation that the Course is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
   3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.
   4. Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
      1. We will not be responsible or liable if You are unable to attend a Course due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the Attachment). 
   5. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
   6. If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
      1. In writing, addressed to Ben Herlinger, Fotospeed, Lower Beversbrook Industrial Estate, Redman Road, Calne, Wiltshire, United Kingdom, SN11 9PL

14.3.2  By email, addressed to Ben Herlinger at Accounts@fotospeed.com

14.3.3    By contacting Us by telephone on 01249 714555

We will only use Your personal data as set out in Our Privacy Notice available from https://fotospeed.com/privacy-policy 

16        Other Important Terms

16.1     We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

16.2     The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.

16.3     If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.

16.4     If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.

16.5     We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Course, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 12.1 above).

17        Law and Jurisdiction

17.1     These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.

17.2     As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in sub-Clause 17.1 above takes away or reduces Your rights as a consumer to rely on those provisions.

17.3     As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

 

 

 

 

 

 

 

Attachment

 

In order to purchase any Course, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.

You may not create an Account if You are under 18 years of age.

We only offer Paid Content for use in the UK to individuals residing in the UK. You may only open an Account with a residential address in the UK.

During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account. 

You may be asked for additional information regarding Your Account, such as Your e-mail address.

You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.

You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session accessed by You. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

You must never use anyone else’s Account without prior authorization from Us for the specific occasion in question.

When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.

If You have an active Course, Your Account will remain active for the duration of the period of that Course or, if later, until the end of the latest access period granted to any Instruction by the Course. 

If You wish to close and delete Your Account, You may do so via the Contact Us section of our site https://fotospeed.com/contact/’.

You acknowledge and agree that:

When You purchase a Course and at least 48 hours before You participate in any session, 

You must tell Us of any special requirement, problem or condition of which You are aware which might be relevant to You participating in that session. Our premises do not have disabled access or facilities. We will inform You if We decide not to accept Your order for an on-site Course because of the particular requirement, problem or condition in question and we may recommend Our online Course as an alternative and advise you of any price difference. If We do accept Your order for an on-site Course, You must act in accordance with any instructions provided by Us relating to the matter.

 

9          Tutors,  

Please note that:

10        Scope of Our Content

Content offered: We offer tuition in Printing, Editing and Production of Digital Photographs and Pictures.

Period of sessions: Where a session is a live two-way interactive session, We will provide individual tuition for You for a period of a period that We agree with You when You purchase.

Your Progress: Whilst We will use Our reasonable endeavours to ensure that You make satisfactory progress, results will be different for each individual depending on various factors, including, without limitation, number and frequency of sessions, whether they are interactive rather than one-way recorded sessions, any preparation or other tasks or work done or activity engaged in by You set or suggested by the Tutor, and Your aptitude. 

Satisfactory progress cannot be guaranteed, and We make no warranty or representation that any particular progress or result will be brought about (including, where relevant, passing any examination) as a result of You taking part in or viewing any session(s).

Attendance: If You are not available for a session for any reason it is solely Your responsibility to ensure that You make up for that missed session by purchasing an additional session if necessary.

Punctuality: We expect You to be ready for a session at least 5 minutes before the scheduled start time of the session to ensure that You are ready to start on time.

Course or other equipment, items materials etc.: We may make suggestions as to any equipment, textbooks, videos or other materials or items that You should read, view, purchase or otherwise acquire where We think it is necessary or helpful for You to have a copy to use during or outside sessions but We cannot provide such materials or items for You.

Practise/Homework/Tasks/Assignments: We may give You at the end of a session a practise assignment or tasks to carry out, and You should complete it/them prior to Your next session. 

Preparation for each session: You should attend each session prepared by completing any assignment, work, tasks set for You at the previous session. Adequate preparation for sessions is more likely to result in satisfactory progress. If you require guidance with an assignment or tasks between sessions, We are usually contactable by email/phone and [may be] able to provide some help remotely.

We are not responsible for obtaining or providing any equipment, materials items for You but We may recommend to You equipment, materials or items that You will or might need, and You should adopt any recommendation that We make to You as to equipment, materials or items that You should obtain/use.