TGB ACADEMY TERMS & CONDITIONS

To see the terms and conditions of any current UK promotions please view them here.

Your attention is particularly drawn to the provisions of clause 13 (Limitation of liability).

About us

Company details. TGB Academy Ltd (company number 11108857) (we and us) is a company registered in England and Wales and our registered office and main trading address is at 44 North Road The Gelbottle Inc, Platf9rm, Floor 6, Tower Point, Brighton, England, BN1 1YR. Our VAT number is 302831734. We operate the website https://thegelbottle-academy.com/ (our website).
Contacting us. To contact us telephone our customer service team at 0333 772 0965 or e-mail [email protected]. How to give us formal notice of any matter under the Contract is set out in clause 17.2.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

These Terms

What these terms cover. These are the terms and conditions on which we supply our services, which includes any courses, events or workshops that you register to attend, via our website (Courses).
Why you should read them. Please read these terms carefully before you submit your booking to attend a Course. These terms tell you who we are, how we will provide our Courses, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or a consumer. You are a consumer if:

You are an individual; and
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

Our contract with you

Our contract. These terms and conditions (Terms) apply to the booking by you to attend a Course(s) (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
Language. These Terms and the Contract are made only in the English language.
Your copy. You should print off a copy of these Terms or save them to your computer for future reference.

Placing an booking and its acceptance

Placing your booking. Please follow the onscreen prompts to place your booking. You may only submit a booking using the method set out on the website. Each booking is an offer by you to purchase the Courses specified in the booking subject to these Terms.
Correcting input errors. Our booking process allows you to check and amend any errors before submitting your booking to us. Please check the booking carefully before confirming it. You are responsible for ensuring that the terms of the Course that you have selected are as you expect and are complete and accurate.
Accepting your booking. Our acceptance of your booking takes place when we send an email to confirm you are registered to attend a Course(s) (Booking Confirmation) and at this stage, the Contract between you and us will come into existence. The Contract will relate only to those Courses confirmed in the Booking Confirmation.
If we have to cancel a Course. If, prior to the course date, we have to cancel the Courses you have registered for, for any reason, we will inform you of this by email and we will not process your booking. If you have already paid for the Courses, we will refund you the full amount.
We may end the contract and cancel your Course. We may end the Contract at any time by writing to you if:

you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
you do not, within a reasonable time, allow us access to your premises to supply the Courses.

If our Educators do not reach the minimum number of students required for their Course (which differs for each Course), they will reschedule the Course for a different date. You will be given a Credit Note and the possibility to reschedule for an alternative date, course or educator. If you are unable to attend any of the rescheduled dates or venues you shall be entitled to a full refund.

Cancelling your booking and obtaining a refund

You may cancel the Contract and obtain a full refund for the price you paid for the Course if you notify us within 14 days of your receipt of the Booking Confirmation. Due to allocation of resources, we are unable to provide you with a refund if you cancel the Course anytime after this date.
However, once we have completed the Courses you cannot change your mind, even if the period referred to in clause 5.1 above is still running. If you cancel after the period stated in clause 5.1, you must pay us the fees for the Courses provided up until the time you tell us that you have changed your mind.
How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Courses, by the method you used for payment. However, we may make deductions from the price, as described below.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
To cancel the Contract, you must email us at [email protected] or contact our Customer Courses team by telephone on +44 330 912 7902. Please include details of your booking to help us to identify it.

Our Courses

You may only sign up to our Courses where you are either a:

Nail Technician; or
Educator.

The additional minimum requirements apply in booking to attend one of our Courses are set out on our website, which may be updated or amended from time to time.
We reserve the right to request further information to determine whether you meet the minimum requirements for the Courses.
Descriptions and illustrations. Any descriptions or illustrations on our website are published for the sole purpose of giving an approximate idea of the Courses described in them. They will not form part of the Contract or have any contractual force.
Compliance with Course specification on our website. Subject to our right to amend the specification (see clause 6.6) the Courses will be supplied to you in accordance with the specification for the Courses appearing on our website at the date of your booking in all material respects.
Changes to specification. We reserve the right to amend the specification of the Courses if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Courses.

Your obligations

It is your responsibility to ensure that:

the terms of your booking are complete and accurate;
you co-operate with us in all matters relating to the Courses;
you provide us, our employees, agents, consultants and subcontractors, with access to your premises, office accommodation and other facilities as we may reasonably require in booking to provide the Courses;
you provide us with such information and materials we may reasonably require in booking to enable you to attend the Course, and ensure that such information is complete and accurate in all material respects;
you prepare your premises for the Courses;
you comply with all laws applicable to the jurisdiction that the Courses are being provided, including health and safety laws;
you keep all of our materials, equipment, documents and other property (Our Materials) at your premises in safe custody at your own risk, maintain Our Materials in good condition until returned to us, and not dispose of or use Our Materials other than in accordance with our written instructions or authorisation;
you bring the required materials and information listed on our website, which may include but is not limited to, lamps, gel bottles, nail brushes etc; and
you provide a model for the following courses:

TGB Gel Polish Beginner Course
TGB Gel Extensions Beginner Course
Full TGB Course

If there is a problem with the Service

How to tell us about problems. If you have any questions or complaints about the Service, please contact us. You can telephone our customer service team on 0333 772 0965 or email us at [email protected].

Fees and payment

In consideration of us providing the Courses you must pay our fees in accordance with this clause 9.
The fees are those quoted on our website at the time you submit your booking.
If you wish to change the Course after we accept your booking, and we agree to such change, we will modify the fees accordingly (if applicable).
We take all reasonable care to ensure that the prices stated for the Courses are correct at the time when the relevant information was entered onto our website. However, please see clause 9.7 for what happens if we discover an error in the price of the Courses you booked.
Our fees may change from time to time, but changes will not affect any booking you have already placed.
Our fees are exclusive of VAT. Where VAT (or other local tax) is payable in respect of some or all of the Courses you must pay us such additional amounts in respect of the tax, at the applicable rate, at the same time as you pay the fees.
It is always possible that, despite our reasonable efforts, some of the Courses on our website may be incorrectly priced. Where the correct price for the Courses is less than the price stated on our website, we will charge the lower amount and if the correct price for the Courses is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Courses at the correct price or cancelling your booking. We will not process your booking until we have your instructions. If we are unable to contact you using the contact details you provided during the booking process, we will treat the booking as cancelled and notify you in writing. However, if we mistakenly accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Courses and refund you any sums you have paid.

How to pay

Payment for the Courses is in advance. You must pay a deposit when booking in advance which varies between £50.00 and £200.00, and will be disclosed to you at the time of booking. The remaining balance is to be paid 3 weeks before the start of the Course. Bookings made within 3 weeks of a Course start date will have to be paid in full at the time of booking.
You can only pay for products using PayPal, a debit card or credit card. We accept the following cards: Visa Electron, Visa, Maestro, Forbrugsforeningen, Dankort, MasterCard, Amex, DinersClub, Discover, UnionPay, JCB.
If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 15 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 10.3 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
We shall each pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
If you think an invoice or our Fees are wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

Intellectual property rights

All intellectual property rights in or arising out of or in connection with the Courses (other than intellectual property rights in any materials provided by you) will be owned by us.
We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the deliverables specified in your booking (excluding materials provided you) for the purpose of receiving and using the Courses and such deliverables in your business. You may not sub-license, assign or otherwise transfer the rights granted in this clause 11.2.
You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Courses to you.

How we may use your personal information

We will use any personal information you provide to us to:

provide the Courses;
process your payment for the Courses; and
inform you about similar products or Courses that we provide, but you may stop receiving these at any time by contacting us.

Further details of how we will process personal information are set out in our Privacy Policy.

Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; and
breach of the terms implied by section 2 of the Supply of Goods and Courses Act 1982 (title and quiet possession).

Subject to clause 13.1, where you are a business customer, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

loss of profits;
loss of sales or business;
loss of agreements or contracts;
loss of anticipated savings;
loss of use or corruption of software, data or information;
loss of or damage to goodwill; and
any indirect or consequential loss.

Subject to clause 13.1, where you are a business customer our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total fees paid under the Contract.
Nothing in these Terms limits or affects the exclusions and limitations set out in our Website Terms and Conditions.
This clause 13 will survive termination of the Contract.

Confidentiality

We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 14.2.
We each may disclose the other's confidential information:

to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 18; and
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.

Termination

Without limiting any of our other rights, we may suspend the performance of the Courses, or terminate the Contract with immediate effect by giving written notice to you if:

you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
you fail to pay any amount due under the Contract on the due date for payment;
you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by booking of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business; or
your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

On termination of the Contract you must return all of Our Materials and any deliverables specified in your booking which have not been fully paid for. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you will be solely responsible for their safe keeping and must not use them for any purpose unconnected with the Contract.
Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

we will contact you as soon as reasonably possible to notify you; and
our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Courses with you after the Event Outside Our Control is over.

Communications between us

When we refer to "in writing" in these Terms, this includes email.
Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
A notice or other communication is deemed to have been received:

if delivered personally, on signature of a delivery receipt;
if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
if sent by email, at 9.00 am the next working day after transmission.

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 email, that such email was sent to the specified email address of the addressee.
The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

General

Assignment and transfer.

We may assign or transfer our rights and obligations under the Contract to another entity.
You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.