The Brow Specialist Academy Terms & Conditions

1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the
following expressions have the following meanings:
“Business Day” means any day other than Saturday or Sunday or bank
holiday.
“Calendar Day” means any day of the year.
“Contract” means the contract for the purchase and sale of Services, as
explained in Clause.
“Course Commencement Date” is the date you receive your at home
pre-study and you get access to our online E-learning portal to start studying
“Physical Course Days” are the days you’re in class with with your tutor
“Course Fees” means fees paid for the course and training provided by us
and shall include Tuition Fees, Training Materials, products used in lessons,
manuals and handouts deemed appropriate by us and refreshments.
“Month” means a calendar month.
“Order” means your order for the Services, and confirmed in your
confirmation letter/email.
“Order Confirmation” means our acceptance and confirmation of your Order
as described in Clause 3.
“Price” means the price payable for the Services.
“Services” means the Services which are to be provided by Us to you as
specified in Schedule 1.
Each reference in these Terms and Conditions to “writing” and any similar
expression includes electronic communications whether sent by email, text
message, fax or other means.
2. Information About Us
We are a privately accredited training academy with Associated Beauty
Therapists (ABT)
3. The Contract
3.1. These Terms and Conditions govern the sale of services by Us, via and
will form the basis of the Contract between Us and you.
3.2. Nothing provided by Us including, but not limited to, information given
over the telephone, sales and marketing literature, price lists and other
information constitutes a contractual offer capable of acceptance. Your Order
constitutes a contractual offer that We may, at our discretion, accept.
3.3. A legally binding Contract between Us and you will be created upon Our
acceptance of your Course Booking.
3.3 Once we have received your deposit or full payment, you will be provided
with an invoice/receipt of payment which confirms the payment date, amount
& method. The payment date is the date the contract commences.
3.4 The contract can be entered into verbally (in person/cash payment) or
digitally (via email/online payment).

4. Orders
4.1. All Bookings for Training made by you will be subject to these Terms and
Conditions.
4.2. If you change your mind, you have a 14 Calendar Day cooling off period
in which you may receive a refund of any payment made towards a Course.
After the 14-days, all payments made towards Courses are non-refundable. The 14-day period starts from the day you make your deposit payment.
4.3. We may cancel your Training Course at any time before We begin
providing the Services in the following circumstances:
4.3.1. The required personnel and/or required materials necessary for the
Training Course are not available; or
4.3.2. An event outside of Our control continues for more than 7 days
(please see Clause 9 for events outside of Our control).
5. Price and Payment
5.1. The Price of Training will be that price given by downloading a course
prospectus and will be confirmed via email AND/OR will be available on our
website at the time of your Training Course Booking.
5.2. Our Prices may change at any time but these changes will not affect any
bookings that We have already accepted.
5.3. All Prices include VAT.
5.4. Pricing and payment structures (including due dates for payment) may
vary according to the nature of the course booked.
5.5. We accept the following methods of payment:
5.5.1. Debit/Credit card, Cash or Bank transfer
5.6. We do not charge any additional fees for any of the payment methods
listed in clause 5.6 above.
5.7. If you do not make any payment to settle the remaining balance to Us by
the due date as shown on your invoice and training confirmation. If you do
not make any payment to us, we will not hold your place on the course.
5.8. The provisions of sub-Clause 5.7 will not apply if you have promptly
contacted Us to dispute an invoice in good faith.
5.9. In the event of you withdrawing from a course before completion no
refund will be made.
5.10. If you notify us by email no less than 28 days before the start date of
the course and we issue you with a written (usually email) confirmation of
acceptance, your course dates may be transferred to another date. No
refunds will be given.
5.11. It is your responsibility to ensure the chosen course is suitable for you.
It is also your responsibility to study resources deemed appropriate to pass
written and practical assessments and case studies.
5.12 All payments made towards Courses are non-refundable outside of the
14 Calendar Day cooling off period.
6. Providing the Services
6.1. As required by law, We will provide the Training with reasonable skill and
care, consistent with best practices and
standards in the industry and in accordance with any information provided by
Us about the Services and about Us. We will begin providing the Services on
the date agreed when you make your Booking. Please note that if you request that the Services
begin within the statutory 14 Calendar Day cancellation (or “cooling-off”)
period, your right to cancel will be forfeit. Please see Clause 10 for your
statutory cancellation rights.
6.2. We will continue providing the Services for the advertised course length.
6.3. We will make every reasonable effort to provide the Services in a timely
manner and to complete them on time. We
cannot, however, be held responsible for any delays if an event outside of
Our reasonable control occurs. Please see Clause 9 for events outside of
Our control.
6.4. If We require any information from you in order to provide the Services,
We will inform you of this as soon as is
reasonably possible. Depending upon the exact nature of the Services you
require from Us, We may require information such as your personal details.
6.5. If the information you provide under sub-Clause 6.4 is delayed,
incomplete or otherwise incorrect, We will not be
responsible for any delay caused as a result. If additional work is required
from Us to correct or compensate for a mistake made as a result of
incomplete or otherwise incorrect information that you have provided, We
may charge you a reasonable additional sum for that work.
6.6. In certain circumstances, for example where there is a delay in you
sending Us information required under sub-Clause
6.4, We may suspend the Services (and will inform you of that suspension in
writing by email).
6.7. In certain circumstances, for example where We encounter a technical
problem, We may need to suspend or otherwise interrupt the Training course
to resolve the issue. Unless the issue is an emergency and requires
immediate action We will inform you in advance by telephone and writing by
email before suspending or interrupting the Services.
6.8. If the Services are suspended under sub-Clause 6.6 or 6.7, you will not
be required to pay for them during the period of suspension. You must,
however, pay any invoices that you have already received from Us by their
due date(s).
6.9. If you do not pay Us for the Services as required by Clause 5, We may
suspend the Services until you have paid all
outstanding sums due. If this happens, We will inform you by telephone and
in writing by email. This does not affect Our right to charge you interest
under sub-Clause 5.8.
7. Problems with Training Courses and Your Legal Rights
7.1. We always use reasonable endeavours to ensure that Our Services with
the best customer service. If, however, there is a problem with the Service
We request that you inform Us as soon as is reasonable possible via email
to [email protected]
7.2. We will use reasonable efforts to remedy problems with the Services as
quickly as is reasonable possible and practical.
In emergency situations such as those where vulnerable people living in your
property may be affected, We will use
reasonable efforts to remedy problems within 24 hours.

7.3. We will not charge you for remedying problems under this Clause 7
where the problems have been caused by Us, any of Our agents or
subcontractors or where nobody is at fault. If We determine that a problem
has been caused by incorrect or incomplete information provided by you,
sub-Clause 6.5 will apply and We may charge you for the remedial work.
7.4. As a consumer, you have certain legal rights with respect to the
purchase of a training course. If We do not perform the Training course with
reasonable skill and care, you have the right to request repeat performance.
If Training Courses are not performed in line with information that We have
provided about them, you also have the right to request repeat performance
or, if that is not possible or done within a reasonable time without
inconvenience to you (or if Our breach concerns information about Us that
does not relate to the performance of the Services), you have the right to a
reduction in price. If for any reason We are required to repeat the Services in
accordance with your legal rights, We will not charge you for the same and
We will bear any and all costs of such repeat performance. In cases where a
price reduction applies, this may be any sum up to the full Price and, where
you have already made payment(s) to Us, may result in a full or partial
refund. Any such refunds will be issued without undue delay and made via
the same payment method originally used by you unless you request an
alternative method. In addition to your legal rights relating directly to the
Services, You also have remedies if We use materials that are faulty or
incorrectly described.
8. Our Liability
8.1. We will be responsible for any foreseeable loss or damage that you may
suffer as a result of Our material breach of these Terms and Conditions or as
a result of Our negligence (including that of Our employees students, agents
or sub- contractors) up to the agreed value of the Services that you paid
under this Contract. Loss or damage is foreseeable if it is an obvious
consequence of the 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.
8.2. 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.
8.3. Nothing in these Terms and Conditions seeks to exclude or limit Our
liability for failing to perform the Services with reasonable care and skill or in
accordance with information provided by Us about the Services or about Us.
8.4. Nothing in these Terms and Conditions 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.
9. Events Outside of Our Control
9.1. We will not be liable for any failure or delay in performing Our obligations
where that failure or delay results from any cause that is beyond Our
reasonable control. Such causes include, but are not limited to: power
failure, internet service provider failure, strikes, lock-outs or other industrial
action by third parties, riots and other civil unrest, fire, explosion, flood,
storms, earthquakes, subsidence, acts of terrorism (threatened or actual),

acts of war (declared, undeclared, threatened, actual or preparations for
war), epidemic, pandemic or other natural disaster, Government decree,
order, regulation or any other event that is beyond Our reasonable control.
9.2. If any event described under this Clause 9 occurs that is likely to
adversely affect Our performance of any of Our obligations under these
Terms and Conditions or the Contract:
9.2.1. We will inform you as soon as is reasonably possible;
9.2.2. Our obligations under these Terms and Conditions will be suspended
and any time limits that We are bound by will be extended accordingly;
9.2.3. We will inform you when the event outside of Our control is over and
provide details of any new dates, times or
availability of Services as necessary;
9.2.4. If the event outside of Our control continues for more than 7 days. We
will cancel the Contract and inform you of the cancellation. Any refunds due
to you as a result of that cancellation will be paid to you as soon as is
reasonably possible;
9.2.5. If an event outside of Our control occurs and you wish to cancel the
Contract, you may do so. Any refunds due to you as a result of such
cancellation will be paid to you as soon as is reasonably possible.
9.3. On vary rare occasions due to circumstances beyond our control it may
be necessary to reschedule or cancel a course upon which a booking is
made. If the reschedule date offered to you are not convenient to you our
liability will be to refund payments already paid by you to us. No other
compensation will be made by us to you.
10. Your Statutory Right to Cancel
10.1. As a consumer you have a statutory right to cancel your Contract with
Us up to 14 Calendar Days after the Contract between you and Us is formed
(as explained in sub-Clause 3.3 & 5.12). You may cancel your Contract with
Us for any reason under this right.
10.2. If you have requested that the Services begin within the 14 Calendar
Day cancellation period your statutory right to cancel may be forfeit. By
requesting that the Services begin within the statutory cancellation period
you acknowledge and agree that:
10.2.1. If the Services are fully performed within the 14 Calendar Day
cancellation period, you will lose your right to cancel after the Services are
fully performed.
10.2.2. If you cancel the Services after they have begun but are not yet
complete (where applicable) you will be required to pay for the Services
supplied up to the time at which you inform Us that you wish to cancel. The
amount due shall be calculated in proportion to the full price of the Services
and the actual Services already provided. Any sums that you have already
paid shall be refunded subject to deductions calculated in accordance with
the foregoing.
10.3. If you wish to exercise your right to cancel under this Clause 11, you
must inform Us of your decision. You may do so in any way that is
convenient for you. Please ensure that you inform Us of your decision to
cancel before the period in subclause 11.1 expires (note that the cancellation
period is defined as whole Calendar Days. You may cancel via the following

methods;
10.3.1. By telephone
10.3.2. By email
10.3.3. By post
10.4. We may ask you why you have chosen to cancel and may use any
answers you provide to improve Our Services, however you are under no
obligation to provide any details if you do not wish to.
10.5. Refunds under this Clause 11 will be issued to you no later than 14
Calendar Days after the date on which you inform Us that you wish to
cancel.
10.6. Refunds under this Clause 10 will be made using the same payment
method you used when ordering the Services unless you specifically request
that We make a refund using a different method.
11. Cancellation After the Statutory Cancellation Period
11.1. You can cancel the Services. You will not be entitled to any refund after
the 14 Calendar Day cooling off period.
11.2. If you wish to exercise your right to cancel under this Clause 11, you
must inform Us of decision to do so via email
[email protected]
11.3 We may ask you why you have chosen to cancel and may use any
answers you provide to improve Our services, however you are under no
obligation to provide any details if you do not wish to.
11.4 If you give a minimum of 28 Calendar Days you may reschedule your
Course to another available date.
12. Communication and Contact Details
12.1. If you wish to contact Us with general questions or complaints, you
may contact Us by telephone or via email.
12.2. For orders, payments and delivery please contact Us by telephone or
by email
13. Complaints and Feedback
13.1. We always welcome feedback from Our customers and students 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.
13.2. All complaints are handled in accordance with Our complaints handling
policy and procedure, available from our website or contact us via email to
request a copy.
13.3. If you wish to complain about any aspect of your dealings with Us,
including, but not limited to, these Terms and Conditions, the Contract, or the
Services, please contact Us in one of the following ways:
13.3.1. In writing
13.3.2. By email
13.3.3. By telephone
14. How We Use Your Personal Information (Data Protection)
We will only use your personal information as set out in Our Privacy Notice.
15. Other Important Terms
15.1. We may transfer (assign) Our obligations and rights under these Terms

and Conditions (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 and Conditions will
not be affected and Our obligations under these Terms and Conditions will
be transferred to the third party who will remain bound by them.
15.2. You may not transfer (assign) your obligations and rights under these
Terms and Conditions (and under the Contract, as applicable) without Our
express written permission.
15.3. The Contract is between you and Us. It is not intended to benefit any
other person or third party in any way and no such person or party will be
entitled to enforce any provision of these Terms and Conditions.
15.4. If any of the provisions of these Terms and Conditions are found to be
unlawful, invalid or otherwise unenforceable by any court or other authority,
that / those provision(s) shall be deemed severed from the remainder of
these Terms and Conditions. The remainder of these Terms and Conditions
shall be valid and enforceable.
15.5. No failure or delay by Us in exercising any of Our rights under these
Terms and Conditions means that We have waived that right, and no waiver
by Us of a breach of any provision of these Terms and Conditions means
that We will waive any subsequent breach of the same or any other
provision.
16. Governing Law and Jurisdiction
16.1. These Terms and Conditions, the Contract, 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.
16.2. As a consumer, you will benefit from any mandatory provisions of the
law in your country of residence. Nothing in Sub-Clause 16.1 above takes
away or reduces your rights as a consumer to rely on those provisions.
16.3. Any dispute, controversy, proceedings or claim between you and Us
relating to these Terms and Conditions, the Contract, or the relationship
between you and Us (whether contractual or otherwise) shall be subject to
the jurisdiction of the courts of England.
1. Payments and cancellations:
1.1. All current fees are payable by BACS. Details can be found on your
invoice. If you are unsure of fees for your course, please contact us.
1.2. Your remaining balance must be paid no later than 4 weeks prior to your
course start date. Failure to do so will result in a loss of your booking fee and
the place being opened up to other students.
1.3. All instalment agreements must be adhered to, agreed and signed by
the Us and the student. Failure to adhere to this will result in the course
dates being opened up to other students and forfeit of any payment already
paid to the academy.
2. Data Protection
2.1 You agree that your records may be kept on paper or electronically.
2.2 We agree to keep all your personal details confidential.
2.3 We may use your address and contact details to post you information

about training courses, newsletters or special offers unless you decline this
service.
3. General
3.1 You must ensure that you attend every hour of the course on which you
are booked. Our course content is designed to meet the criteria set out by
the relevant awarding bodies. Failure to attend all the guided learning hours
could result in you not gaining the relevant qualification.
3.2 Students must be 18 years or over at the time they commence a course.
3.3 We will not guarantee any student will pass the course, examination or
competence certificate. If during the course, examination or competency
demonstration you do not meet the standards required by the governing
body applicable to that skill, we cannot be held responsible.
3.4 Courses will require practice on models at home plus written
assignments to enable completion. Photo evidence will be required.
3.5 We reserve the right to alter timetables where necessary.
3.6 We reserves the right to alter and rearrange the course structure and
content as and when necessary or as directed by ABT without notice.
3.7 We reserves the right to decide on the number of students present on a
course at any time.
3.8 We reserves the right to refuse entry/enrolment onto any course or
refuse education to a student booked on a course with valid reason.
3.9 All course materials are protected by copyright and We own all
intellectual property rights in the course materials and will not be copied
without written permission.
3.10 You acknowledge that if you have not handed in all written work to your
course tutor for marking within the agreed period you will be subject to
further fees, you also acknowledge that this work needs to be at the standard
expected by ABT.
3.11 Home study of theory is required and is the students/applicants
responsibility to do so in order to have the knowledge to pass assessments.
Re-sits and re-takes of written or practical assessments will need to be taken
at a time scale set by to fit in with the internal verifier.
3.12 We we not liable for any injury, loss of earnings, death of your case
study/clients before you earn full qualification
3.13 You agree to adhere to all guidance and instructions during and after
your Training Course, failing to do so we will not be held accountable for
damaged caused to clients or case studies.