Terms and Conditions
This page (together with the documents referred to on it) tells you the
terms and conditions on which we supply the workshops listed on our website www.themangolab.co.uk (our site) to
you. Please read these terms and conditions carefully and make sure that you
understand them before booking any workshops (the ÒWorkshopÓ) from our site. You
should understand that by booking any Workshop you agree to be bound by these
terms and conditions.
You should print a copy of these terms and conditions for future
reference.
Please sign/click on the button marked "I Accept" at the end
of these terms and conditions if you accept them.
1. Our
Agreement
A
binding agreement to attend a Workshop, subject to these terms and conditions, will
be formed when we confirm that you have been accepted onto the Workshop and not
when you receive an acknowledgement of your booking if applicable.
2. Age
By
agreeing to these terms you warrant that you are legally capable of entering
into binding contracts and you are at least 18 years old. You may book for
a person under 18 years old if you are a parent or guardian of that child
provided that you notify us in advance and we agree, as some courses may not be
suitable for younger students.
If you
are under 18 years old, please ask your parent or legal guardian to complete
this form.
3. The
Mango LabÕs Objectives
The Mango LabÕs aim is to always provide the
Workshop using reasonable care and skill in compliance with commonly accepted
practices and standards and in compliance with relevant and applicable laws and
regulations in force at the time we carry out the Workshop.
We aim to, and shall use our reasonable endeavours
to carry out the Workshop on the date and times as detailed but we cannot guarantee
or provide a firm commitment to that and reserve the right to change the date
and/or time. If that happens we will notify you of changes as soon as
reasonably practicable and shall endeavour to reschedule the Workshop to
another date.
4. Workshop
Details
The particulars relating to the Workshop are as
described on our site, or otherwise as detailed between us separately including
course title, date(s) and general content. We endeavour to provide the Workshop
according to the description provided, but there may be circumstances in which
the content is changed and you acknowledge that the content of the Workshop
shall in all cases be subject to our absolute discretion.
Lunch is not provided during the Workshop. You are
required to bring your own camera, unless we have agreed to loan you a camera
for the Workshop sessions as above. Unless expressly stated above, you are
responsible for all print and development fees (which may include for example
but not by way of limitation, lab fees, photographic production fees). For
workshop(s) conducted on location you are responsible for your own travel
arrangements and any applicable admission fees unless otherwise specified. Please refer to our website http://www.themangolab.co.uk for
further information about the Workshop.
You are invited to provide further information
concerning any special requirements, in order that we may endeavour to make
your experience more enjoyable.
5. Your
Obligations
You must comply with all reasonable instructions
and requirements while attending the Workshop including without limitation
health and safety rules and regulations and any other reasonable security
requirements that apply at the premises at which the Workshop is held.
6. Personal
Possessions
Personal possessions (including without limitation
your photographs) are your sole responsibility and The Mango Lab accepts no
responsibility for any loss, damage, theft or otherwise that may occur at its
venues at any time, whether during a workshop, exhibition, or otherwise. You
are advised to keep valuables with you at all times.
7. Intellectual
Property Rights and Clearances
ÒMango
Lab MaterialsÓ shall mean any and all materials provided and/or created by The
Mango Lab and any and all rights and interest therein, including without
limitation photographs and copyright in and to photographs. As between you and The Mango Lab, all
intellectual property rights and all other rights in any and all Mango Lab
Materials and any and all pre-existing materials shall at all times belong to
and shall remain vested in The Mango Lab and neither you nor any other person
shall obtain any intellectual property rights or other interest right or title
whatsoever in or to any Mango Lab Materials or any part thereof.
You
and The Mango Lab hereby acknowledge that you own your photographs and any
copyright in them (subject to any third party rights and consents), and you
hereby grant to The Mango Lab a non-exclusive licence to use your photographs
in any and all media, whether now known or hereafter invented, for publicity
and promotion of The Mango Lab and its services including for example but not
by way of limitation on The Mango LabÕs website, and in exhibitions held by The
Mango Lab. The Mango Lab shall use reasonable endeavours to ensure that you are
acknowledged as the author of any of your photographs that The Mango Lab uses
or exhibits. Failure to so acknowledge you shall not be a breach of this
agreement.
The
Mango Lab has the right to exhibit your photographs taken by you at its
workshops in any exhibition at which The Mango Lab participates within 12
months from the date of the Workshop and you shall deliver any materials
reasonably required by The Mango Lab for such exhibition. The Mango Lab shall
not be held liable for loss, theft, damage or
otherwise to the photographs as a result of exhibiting. If you and The Mango Lab agree that The
Mango Lab is permitted to sell your photographs, all terms of such sale shall
be agreed upon by you and The Mango Lab in good faith and shall constitute a
separate agreement.
Liability
for loss and/or damages of photographs through software and/or human error is
hereby excluded.
The Mango Lab cannot be held liable for third party
permissions which may be relevant to your use of
photographs.
The
Mango Lab will obtain permission from location owners to take photographs where
a Workshop is held on location for private and personal use and shall advise
any restrictions or conditions of which it is expressly made aware. However you
shall still be liable for third party permission.
You
shall be solely responsible for third party permissions which
may be relevant to your use of the photographs. This may include (without
limitation) permissions in respect of the following appearing in your
photographs: people, trademarks (such as company logos or names), paintings,
sculptures, buildings.
9. Cancellation and Postponement
You may, at our discretion, defer attendance to the next available date,
or transfer to an alternative workshop, subject always to availability. If you
defer or transfer then we may charge an administration fee of £25. If there is
a difference between the original and deferred or alternative workshop fees, a
credit note or invoice (as applicable) shall be provided (but no refund).
In addition, there are certain situations or events
which occur which are not within our reasonable control, for example where
weather conditions make it impossible or unsafe for us to perform the Workshop.
Where this occurs we will normally attempt to recommence performing the
Workshop as soon as the situation which has stopped us
performing the Workshop has been resolved. In such circumstances there
may be a delay (sometimes a substantial delay) before we can start or continue
performing the Workshop.
If we cancel a Workshop we shall where possible
give you an option to defer to a later date, or if this is not possible we
shall refund the fees you have paid in full.
If for any reason you cancel a Workshop booking we
reserve the right to charge the full fee. The above provisions are in addition
to your statutory rights.
10. Payment
If you fail to make payment
by the date or time we and you agree we may (at our sole discretion) charge you
interest (at Bank of England's base interest rate plus 3%) on any outstanding
amounts if those outstanding amounts remain unpaid for more than 30 (thirty)
days from the date of our invoice or when we asked you first to pay them and/or
we may cancel this Agreement if payment is not made in full prior to the date
of the Workshop. If we have agreed payment of the fee in instalments, you shall
be liable for the full fee subject to the terms of this Agreement.
11. Liability
For the avoidance of doubt, The Mango LabÕs liability shall
not be limited or excluded for any liability the exclusion or limitation of
which is prohibited by law and which includes liability for our negligence or
negligent omission which causes you personal injury or death. Except as
provided for in this Clause 11, we shall only be liable for any loss or damage
suffered by you which is a reasonably foreseeable consequence of a breach by us
of this contract, and our liability shall exclude any such loss or damage that
was contributed to and/or caused by your own negligence or lack of care and/or
where otherwise expressly stated in this Agreement. We exclude all liability
for any business loss and in particular we exclude all liability for loss of
profits or other economic loss arising out of a breach of this contract.
12. Personal
Data
You agree that, in relation to any personal data
provided by or on behalf of you to us, we may use such personal data to: (i) perform our obligations and enforce our rights under
this agreement; (ii) inform you about courses, products or services which we
believe may be of interest; and (iii) inform you of feedback from workshop. In
the event that you do not wish to receive marketing correspondence from us, a
written request should be sent to us.
Both parties shall comply with the Data Protection
Act 1998 and all related and subordinate data protection laws, enactments,
regulations, orders, standards and other similar instruments. You and The Mango
Lab shall keep confidential any information of the other which is either marked
ÒconfidentialÓ or which it ought reasonably to assume is confidential (ÒConfidential InformationÓ) and which is
disclosed to it by the other party (or the otherÕs agents) and shall not use
the same for purposes other than in relation to the performance of its
obligations under this agreement. Confidential Information shall not include
information that: (i) is publicly available at the
time of its disclosure or becomes publicly available (other than as a result of
disclosure by the other party contrary to the terms of this agreement); or (ii)
was lawfully in the possession of the other party, free of any restriction as
to its use or disclosure prior to its being so disclosed.
13. Variations
to Terms
We will have the right to amend the terms and conditions of
this contract where we need to do so in order to comply with changes in the law
or for regulatory reasons. Where we are making any amendment we will give you
prior notice (unless the contract is terminated before that period).
If you wish to send us any notice or letter then it needs to
be sent to the address noted above and should be marked for the attention of
The Mango Lab. If we wish to send you a letter or notice we will use the
contact details you have provided to us.
14. Miscellaneous
In
accordance with Clause 1, this Agreement constitutes the entire agreement and
understanding of the parties and supersedes any previous agreement between them
relating to its subject matter and no terms or conditions of the customer shall
apply in respect of this agreement or its subject matter. No variation of this Agreement
shall be effective unless it is expressly agreed by you and
The Mango Lab.
For the purposes of the Contracts (Rights of Third Parties)
Act 1999 this contract is not intended to, and does not, give any person who is
not a party to it any right to enforce any of its provisions. This contract
shall be governed and construed by the law of England and you and we agree to
submit to the exclusive jurisdiction of the courts of England and Wales.