TERMS & CONDITIONS

1. GENERAL USE OF THE SITE

BOOKINGS AND FORMING A CONTRACT BETWEEN YOU AND US

You may submit a request to us for studio time via “Booking”. Once you have submitted a Booking Request you will receive an e-mail/text from us acknowledging that we have received your Booking Request. Please note this does not mean that your Booking Request has been accepted. Your Booking Request constitutes an offer to us to agree on a booking with you (an “Agreed Booking”). All Booking Requests are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms the Booking Request has been agreed (the “Confirmation Email”). The contract between us will be formed when we send you the Confirmation Email, subject to any variation thereto which we may subsequently agree in writing.

A non-refundable deposit will be taken on booking and the remainder of any outstanding funds will be requested on arrival at your session. Any refunds that may be issued will take 2-7 business working days. Please be aware that it is possible for the refund to take up to 4-14days.

The Confirmation Email will be sent to the e-mail address given as part of your Booking Request so you should ensure that the e-mail address you give is correct and current. The Confirmation Email will contain all relevant statutory information concerning your contract. You must check that the details on this Confirmation Email are correct as soon as possible and you should print out and keep a copy of it. Each Agreed Booking shall be governed by both these Terms and the Studio Terms and Conditions, as they each may be amended from time to time.

If there is any inconsistency between any of the provisions of these Terms and the provisions of the Studio Terms and Conditions, the provisions of these Terms shall prevail to the extent of such inconsistency.

2. CONDUCT AND USE OF THE SITE

You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

3. COPYRIGHT AND COPYRIGHT PROTECTION

This Site and the underlying computer code used by us to design, operate and maintain the Site and all content and material contained within or available on the Site (including without limitation all text, software, photographs, graphics, page layout, and design presented through and as part of the Site) is owned by and/or vest in us and is protected by rights of copyright, trademarks, service marks, patents, database rights, domain name rights, trade secrets and/or other proprietary intellectual property rights and laws throughout the world. Unless expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Site.

We respect the intellectual property of others and will use its reasonable endeavours to obtain the consent of the copyright owners of all content that we provide, upload, incorporate or otherwise use in or on the Site for such content to be placed upon the Site and made available to users of the Site. If you believe that we have used your copyrighted work without such consent, please contact us so that we may remedy this at management@townendsstudio.com and provide the following information:

(1) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright-protected content;

(2) A description of the copyrighted protected content that you believe has been infringed upon;

(3) A full description of where on the Site this content can be found (including the relevant URL);

(4) Your address, telephone number, and e-mail address;

(5) A statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law;

(6) A statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorised to act on the copyright owner’s behalf.

7. MODIFICATION, SUSPENSION AND TERMINATION

We reserve the right, without prejudice to any other rights and remedies available to us under these Terms or generally at law, to suspend or terminate your subscription and/or use of the Site immediately upon being made aware of any breach or potential breach by you of these Terms. We further reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site with or without prior notice. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance.

8. WARRANTIES AND LIMITATION OF LIABILITY

We shall not be responsible for any connection or access to the Site by you or the quality of the transmission of any information passing between you and the Site. You will be responsible for providing your own communications equipment to access the Site via the Internet, and the Internet access charges thereon.

We do not warrant or represent that:

(a) the Site will meet your requirements;

(b) access to the Site will be uninterrupted, timely, secure, or error-free;

(c) the results that may be obtained from the use of the Site will be accurate or reliable;

(d) the quality of any products, services, information, or other material purchased or obtained by you

through the Site will meet your expectations; and/or

(e) any errors in any data or software will be corrected.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL WE, OUR PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, DOWNLOADERS, AGENTS, AND EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY PART OF THE SITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING FIVE HUNDRED POUNDS £500.00).

Links and Third-Party Services. We are not responsible for any third-party links, services, resources or information provided on or made available through the Site. Accordingly, we make no warranties and accept no liability (to the fullest extent permissible by law) regarding such third-party links, services, resources or information, including without limitation, warranties of fitness for a particular purpose, merchantability or non-infringement and will not be liable for your use of or reliance on such third-party services, resources or information.

9. GENERAL LEGAL PROVISIONS

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We may amend these Terms from time to time, and place the new version on the Site. When we do so, we will place a notice advising that the Terms have been changed on our homepage [insert homepage address]. Your use of the Site from the date that the amended terms are placed on the Site onwards will be governed by those new terms.

These Terms apply when you first access the Site, whether as a browser or a subscriber. These Terms shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase. We advise that you print off and keep safe a copy of these terms and conditions once your order has been accepted by us. You are further advised to read (and are responsible for reading) all information on this website fully. Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. If any provision(s) of these Terms is held to be invalid or unenforceable, it/they will be struck out and the other terms remain.

These Terms are subject to the laws of England and Wales, whose courts shall be the courts of exclusive jurisdiction..