Website and Customer Terms

1.   Introduction

1.1   We are Pixel Takeaway Limited, UK-registered company no. 08705786, registered office at Level 33, 25 Canada Square, London, England, E14 5LB, United Kingdom. We own and operate schoolofux.com and theuxconf.com websites. Our contact details are on the site. Please email us if you have any questions or feedback about these terms.

1.2   Please read these terms and conditions carefully. They cancel and replace any previous versions. By using our website you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.

1.3   These terms and conditions apply to use of our website and services purchased through our website.

2.   Changes to the terms and conditions

2.1   We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.

3.   Our content

3.1   We cannot guarantee that any general information that we may make available on our website is accurate or up to date. You rely on it at your own risk.

4.   Privacy

4.1   You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy policy.

5.   Functioning of our website

5.1   We do not guarantee that our website will be uninterrupted or error-free. We are entitled, without notice and without liability, to suspend the website for repair, maintenance, improvement or other technical reason.

6.   Intellectual property rights

6.1   All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our partners or other users. For the purposes of your personal use only, you may view such material on your screen and print a single copy.  You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

6.2   For the avoidance of doubt you may not collect, scrape or harvest any content on our website or frame content on our website without our specific prior written consent.

7.   Third party websites

7.1   We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer.  You use such third party sites at your own risk.

8.   Liability

8.1   Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

8.2   You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

8.3   Very important: If you are a consumer (ie not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

8.3.1   there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

8.3.2   such loss or damage was not reasonably foreseeable by both parties;

8.3.3   such loss or damage is caused by you, for example by not complying with this agreement; or

8.3.4   such loss or damage relates to a business.

8.4   Very important: If you are a consumer (ie not acting in the course of a business), you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).

8.5   The following clauses apply only if you are a business :

8.5.1   To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.

8.5.2   In no event (including our own negligence) will we be liable for any:

a)   economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

b)   loss of goodwill or reputation;

c)   special, indirect or consequential losses; or

d)   damage to or loss of data

(even if we have been advised of the possibility of such losses).

8.5.3   You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.

8.5.4   This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

9.   English law

9.1   These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

10.   General

10.1   We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

11.   Complaints

11.1   If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.

12.   «Act of God»

12.1   Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control including third party telecommunication failures.

13.   Cancellations and Refunds

13.1   In the rare event of our workshop(s) being cancelled, we will do our best to provide alternative date(s) of the same or similar workshop(s) and notify the customer. If no alternative can be offered, then a full refund will be given to the customer.

13.1   In the rare event when our workshop(s) cannot be held in person at a physical location for health and safety reasons (e.g. COVID-19 pandemic), we will do our best to provide a remote alternative (run via live video online with real-time interaction with our tutors and hands-on exercises) of the same or similar workshop(s) and notify the customer. If no remote workshop(s) can be offered, or the customer is not happy with attending the remote workshop(s), we will either transfer them to the next available date(s) of in-person workshop(s) or offer a full refund.

13.2   After you have booked for our workshop(s) and unable to attend the original date of the workshop(s), we will do our best to transfer you to the next available workshop(s) of the same length, structure, content and price at a later date.

13.3   We have 14-day refund policy in place (in line with Consumer Protection (Distance Selling) Regulations) for purchases through selected partners/third party advertising platforms, which does not apply to purchases directly.

14.   Payment

14.1   Full payment is required to confirm your booking of our workshop(s). This is payable to us by means of online payment or bank transfer. Bookings are not confirmed until payment has cleared.

15.   Distribution of materials

14.1   We reserve the right to use images, photos and videos made during the workshops for marketing and promotion across our websites, social media channels and any printed materials.

Version 1.4

Last Updated: 02/07/2020

Effective Date: 01/05/2016