All MHD subscriptions are subject to the following Terms and Conditions:
"MHD" means MHD Productions Limited who will provide the subscription. Registered in England number 06366273. Registered Office address: 31 St. Georges Square, St. Georges Centre, Gravesend, Kent, DA11 0TB.
In these terms and conditions "we" means MHD Productions Limited and "our" and "us" shall have the corresponding meaning; "you" shall mean you the customer and "your" shall have the corresponding meaning.
1.1 In these Terms and Conditions ("Terms") unless specified the following words shall have the following meanings:
"Consumer Cancellation Period" means the period up until the relevant subscription is delivered (which shall for this purpose be defined as access by you to the Online Learning Environment) or the end of fourteen (14) calendar days from the date of purchase, whichever is shorter;
"House Rules" means the House Rules as defined in the "Online Learning Environment";
"Intellectual Property Rights" means patents, designs, trademarks, service marks, trade names, logos, get-up, domain names, copyright (including rights in computer software), database rights, rights in performances, moral rights, confidential information and know-how, whether registered or not including applications for registration and all similar forms of protection anywhere in the world;
"Materials" means the content that is uploaded to the Site to provide the service;
"Student Output" means any content that is produced by the student including but not limited to uploaded images, copy, blog entries, quotes;
"Subscription" means a signal user license for those using the Site for personal development and continued learning and is a charge upon sign-up for the full-service offering and automatically recurs at the end of each billing cycle, unless cancelled by the member;
"Third Party Content" means content owned by third parties to which we may signpost Students towards including but not limited to websites, blog posts, social media, documents, videos, podcasts, quotes, potential names/trademarks;
"Materials" means items associated with the Subscription either issued at the commencement of the subscription or at a later stage;
"Online Access" means access to the online learning material (the "Online Learning Environment");
"Order" means an order submitted by you to us to procure a Subscription;
"Price" means the price of the Subscription, including carriage, packaging and VAT and confirmed in writing;
"Site" means the website.
2.1 These Terms (together with the documents referred to in it) set out the terms and conditions on which we agree to supply you with a Subscription(s) ordered by you by telephone or via the Site. You should understand that by ordering a Subscription(s), you agree to be bound by these Terms. You should retain a copy of these Terms for future reference.
2.2 By placing an Order you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old but under 76 years of age and in good health.
2.3 You agree to be entirely responsible for any activities made using your account details and password. In this respect, you shall ensure that any password you choose, to gain Online Access, remains confidential at, all times. In the event, that you either lose your password or account details or become aware that a third party may have access to or is using your password or account details you shall notify us immediately.
2.4 You should ensure that any information you provide to us (including without limitation your name, address and bank details) is complete, accurate and current and that you notify us immediately of any changes in the details with which you registered to gain Online Access or purchase a Subscription(s).
2.5 We reserve the right to: (a) suspend or terminate access to Online Access and/or cease to provide the Services where you are in breach of these Terms; (b) delete, vary or change any content on the Site at any time; and (c) terminate or cancel Orders (although we will not charge you for any Orders which we cancel for reasons which are not due to your default).
3.1 Monthly subscription is granted under a single user licence for those using the MyHairDressers.com site ("the Site") for personal development and continued learning and is charged upon joining. The Subscription will then automatically renew every 30 days thereafter.
3.2 Annual subscription is granted under a single user licence for those using the Site for personal development and continued learning and is charged upon joining. The subscription will then automatically renew every 365 days thereafter.
3.3 A free subscription is granted under a single user license for those who wish to gain access to our free content and register for exclusive offers and the latest news.
4.1 The Price for the Subscription must be paid in full prior to access being granted, or as otherwise defined in the Order.
4.2 If you fail to make payments on time as defined in the Order, we will suspend the Services and Online Access until appropriate payment has been received.
4.3 The Price for the Subscription is payable by you prior to delivery and shall be payable by you in full by credit/debit card, PayPal and/or invoice.
4.4 Prices are liable to change at any time, but changes will not affect Orders already accepted in accordance with Clause 5.
4.5 All purchases within the European Union (EU) are subject to Value Added Tax (VAT)
4.6 You can change your Payment Method when re-ordering. Simply select the payment method of your choice when proceeding to checkout.
5. ORDER AND DELIVERY OF THE SUBSCRIPTION
5.1 An Order shall be deemed to be an offer by you to purchase a Subscription on these Terms, which we shall be free to accept or decline at our absolute discretion.
5.2 The Materials will be provided within the Online Learning Environment. Access will be granted after purchase is complete. Proof of use of the Online Learning Environment will bind you to these Terms.
5.3 Except in the case of a clear defect in the Subscription (or any part thereof), you will be deemed to have accepted the Subscription if you do not notify us within fourteen (14) calendar days after delivery that you wish to cancel. Nothing in these Terms shall affect your statutory rights as a consumer.
5.4 When you cancel a subscription:
(a) Without prejudice to your rights under Clause 9.1, because you have cancelled the Order within the period mentioned therein, we will process the refund due to you as soon as possible and, in any case, within fourteen (14) days of receiving confirmation from us that your cancellation request has been received.
(b) Should you request to cancel the Subscription, we will usually process the refund due to you as soon as possible and, in any case, within fourteen (14) days of the day, we confirmed your cancellation. Where possible we will refund any money received from you using the same method originally used by you to pay for your purchase.
6. ONLINE ACCESS
6.1 As part of your Subscription you will need to log on to the Online Learning Environment to access Materials. Whilst doing so you agree to abide by the rules of the Online Learning Environment set out therein from time to time. We reserve the right to cease or suspend access to the Online Learning Environment in the event that you breach any of these Terms or the rules of the Online Learning Environment.
6.2 You agree to be entirely responsible for any activities made using your account details or password. If you become aware that a third party may have to gain Online Access to or is using your password or account details, you shall notify us immediately.
6.3 We do not warrant that the Online Access will be uninterrupted or error-free or that defects therein will be corrected.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 The Intellectual Property Rights in the Materials and the Online Learning Environment are owned by and shall remain vested in us and our licensors.
7.2 The Intellectual Property Rights in the Student Output shall be owned by and shall remain vested in us and our licensors.
7.3 Save as expressly stated in these Terms, you shall not acquire any interest in any of the Intellectual Property Rights in the Materials, Online Learning Environment or Student Output. You agree that you will not rent, lease, sub-license, loan, copy, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Materials or use (other than as permitted under these Terms) reproduce or deal in the Materials or any part thereof in any way.
7.4 By agreeing to these Terms we procure that we grant you a limited, non-exclusive, non-transferable and revocable licence to use the Materials and Student Output only for your own personal use.
7.5 When Online Access is granted you agree that: (a) the licence granted to you to access the content on the Online Learning Environment shall be personal to you and you should take all reasonable precautions to ensure that your log-in details are kept secure and not provided to any other party. You shall comply always with the rules of the Online Learning Environment as applicable from time to time; (b) upon termination or in circumstances where payment has not been received by us in respect of the Subscription in full we may suspend or terminate your Online Access.
8. THIRD PARTY CONTENT
8.1 During the Subscription we may signpost you to Third Party content. This means you may leave our Site and visit a website that is not operated by us. We are not responsible for the content or availability of linked sites.
8.2 In instances where we provide links to other third-party websites that may be of interest to our website visitors when you click on these links you will leave our Site and will be redirected to another site. These sites are not under the control of us.
8.3 We are not responsible for the content of linked third-party websites. We are not an agent for these third parties nor do we endorse or guarantee their products. We make no representation or warranty regarding the accuracy of the information contained in the linked sites. We suggest that you always verify the information obtained from linked websites before acting upon this information.
8.4 The security and privacy policies on these sites may be different to our policies, so we suggest you read third party privacy and security policies closely.
8.5 If you have any questions or concerns about the products and services offered on linked third party websites, please contact the third party directly.
9.1 We may terminate the agreement set out in these Terms if: (a) you are in material breach (including non-payment) of any provision of these Terms which is not remediable or, if remediable, is not remedied with a period of thirty (30) days after we have given notice to you requiring such breach to be remedied. In such circumstances we will be permitted (without liability) to suspend the provision of the Services to you and your Online Access until such a breach has been remedied; (b) you appear to be unable to pay your debts (whether within the meaning of section 268 of the Insolvency Act 1986, or upon any other reasonable grounds including without limitation where a debt owing by you to us or to a third party has become due and payable and has not been met on the due date therefore), or you present or you have presented against you a bankruptcy petition or a bankruptcy order is made against you, or you take any formal step to implement an individual voluntary arrangement (within the meaning of the Insolvency Act 1986); (c) you carry out any unauthorised act with regard to the Course which infringes our Intellectual Property Rights.
9.2 You will be entitled to terminate the agreement set out under these Terms under Clause 13 below.
9.3 If either party terminates the agreement set out in these Terms, you must cease using the Services and Online Access immediately.
10. LIMITATION OF LIABILITY
10.1 Our liability to you for any direct losses arising out of our negligence breach of contract or any other cause of action arising out of or in connection with these Terms shall be limited to the Price. This does not exclude or limit in any way our liability to you in respect of: (a) death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude or limit, our liability.
10.2 Other than in respect of liability referred to in Clause 9.1, we shall not be liable for any indirect or consequential loss or damage whatsoever or for any loss of profits, loss of data, loss of revenue, loss of opportunity or your liabilities to third parties which you or any third party may suffer however arising and whether caused by tort (including negligence), breach of contract or otherwise.
10.3 The information in the Site may be updated from time to time and may be out of date when read or viewed by you. No responsibility for keeping such information in these pages up to date is taken by us or liability for not doing so.
10.4 We cannot guarantee that the Online Learning Environment or the Software is free from computer viruses or any other malicious or impairing computer program. You should, therefore, ensure that you employ all reasonable precautions when accessing the Online Learning Environment or downloading the Software. Technical inaccuracies and typographical errors may appear on the pages of the Online Learning Environment from time to time.
10.5 We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
10.6 We reserve the right to change prices, information and specifications relating to the Courses from time to time subject always to our commitments set out in Clause 4 above.
11. OTHER TERMS
11.1 These Terms and any documents expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
11.2 If we fail, at any time, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.3 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.4 Any notices required to be served on us shall be served at our Registered Office. We may give notice to you at either the e-mail or postal address you provide to us when placing an Order, or we may post the notice on our Site (where of general application). Notice will be deemed received and properly served immediately when posted on our Site, twenty-four (24) hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
11.5 The agreement set out in these Terms is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the agreement set out in these Terms, or any of your rights or obligations arising under it. We may transfer, assign, charge, sub-contract or otherwise dispose of the agreement set out under these Terms, or any of our rights or obligations arising under it, at any time during the term of the agreement set out under these Terms.
11.6 These Terms are governed by English law. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
12. USE OF YOUR DATA
12.1 Any personal information collected by us will be used by the relevant party in accordance with the Data Protection Act 1998. We will take reasonable & appropriate measures to keep students’ personal information secure. Any disclosures of information will be made only with your permission. We may use your name, e-mail address, home address and telephone number to contact you for any matter relating to other MHD products and services in which we feel you may be interested in.
13.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2014 (“Consumer Contracts Regulations”) you may cancel your Subscription within a period of fourteen (14) calendar days (“Cancellation Period”) from the date of your initial purchase.
13.2 In addition to your rights under the Consumer Contracts Regulation 2014, we also offer the following transfer policy for the Subscription (where there is no legal right to a full refund under the Consumer Contracts Regulation 2014 or otherwise).
13.2.1 Following any deferral by you, the Consumer Cancellation Period remains in effect with respect to the original Subscription Start Date as defined in the original Order.
13.3 If you wish to transfer or cancel an Order you should, as soon as possible, contact our Administration Team at email firstname.lastname@example.org or telephone: +44 (0)330 088 9380. Office hours are 9am-5pm Monday to Friday.
13.4 If you cancel an Order we will process the refund due to you as soon as possible and, in any case; within fourteen (14) days from the day you receive confirmation that your cancellation has been accepted. In this case, we will refund the Price of the Subscription in full.
14. COMPLAINTS PROCEDURE
14.1 Our standard channel for all complaints is through the customer service department which can be contacted via email email@example.com or telephone: +44 (0)330 088 9380. Office hours are 9am-5pm Monday to Friday.
15. CHANGES TO THESE TERMS AND CONDITIONS
15.1 MHD Productions Limited reserves the right at its absolute discretion to make changes to any part of this Site including the Content any time without notice. If you require any further information on anything raised above, then please contact us at the address provided.