Terms and Conditions

Please read these terms carefully before you attend any courses, events or workshops with us. These terms tell you who we are, how we will provide services to you, 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.

 

1.   About these Terms and Conditions

By submitting a Booking to one of our venues or ticketing facility operating on behalf of  Different Planet Arts, you are signifying your agreement to and acceptance of our Terms and Conditions. All references to the Terms and Conditions refer to these Terms and Conditions as amended and updated from time to time.

You can contact us by telephoning or emailing or by writing to Different Planet Arts

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 provide to us in your booking form/contact form.

2. About Different Planet Arts

Different Planet Arts’ postal address is Different Planet Arts, 59 Spences Lane, Lewes, BN7 2HG or by email to ariane@differentplanetarts.org.uk

3. Definitions

“Agreement” means these Terms and Conditions and any Booking Form via our ticketing facility or venue.

“Different Planet Arts” means the entity with which you have entered into this Agreement.

“Booking Form” means the form relating to the booking of the courses, events or workshops – in person or online and which incorporates these Terms and Conditions.

“Ticketing facility” refers to the online booking system engaged on behalf of Different Planet Arts to provide and manage bookings for our events,courses, or workshops.

“Fee” means the amount payable for the courses, events or workshops – in person or online as detailed in the Booking Form.

“Event, Workshop or Courses” means any specific event, workshop or course, either in person or online which Different Planet Arts offers.

“Free event, workshop or course” means any specific work where a place may be offered for free  (available when funding permits)

“Venue” means the place at which Different Planet Arts provides the courses, event or workshop – in person .

4.   Booking and Payment

Courses, events or workshops –must be booked using our ticketing facility. Any Fee must be paid for in advance of the event unless otherwise agreed and can be proven by a document, online or written.

Payment of the Fee shall be due to Different Planet Arts via the ticketing facility, within the date specified on the event information page. If payment is not received within the specified date/time, a place is not confirmed or guaranteed.

Only when the Booking Form and payment of the Fee is received will your booking be confirmed.

If the ticketing facility is unable to accept your booking and the Fee has been paid, we will inform you of this in writing and refund you the Fee paid, or reimburse you after the event.

Event dates are available to view on the Different Planet Arts website: https://differentplanetarts.org.uk/

The Fee is non-refundable under any circumstances except with the prior written agreement of Different Planet Arts, unless. Different Planet Arts is unable to offer concessions for missed classes,sessions and workshops due to sickness or holidays, in certain circumstances and solely at the discretion of Different Planet Arts, the following options may be available:

• The person’s place at the specific training may in exceptional cases be offered to an acquaintance provided adequate notice is given and the acquaintance completes a Booking Form and expressly agrees to these Terms and Conditions, and we agree they are suitable for the course/event.
• Subject to availability, adequate notice and without any guarantee, Different Planet Arts may be able to fit the person into a subsequent training at an alternative venue.

Missed training events, courses, workshops cannot be carried over to the next event without prior written consent (online or actual document)

5. Changes to events, workshops, training and Cancellation

Different Planet Arts may cancel this Agreement at any time and for any reason whatsoever. If the Agreement is cancelled by Different Planet Arts, the unused portion of the Fee will be refunded to the customer.

If for any reason a specified teacher is unable to run an event, then Different Planet Arts will do its best to provide another Different Planet Arts teacher. If this is not possible, Different Planet Arts will, at its sole option, either (i) reschedule the training by adding another training or (ii) will refund the Fee.

The customer acknowledges and agrees that Different Planet Arts reserves the right to replace any teacher of an event without notice to the customer at any time prior to that event without any liability arising from such a change except in accordance with these Terms.

6. Different Planet Events

Different Planet Arts will provide events which:

• conform in all material respect to their description;
• are carried out with reasonable skill and care;
• be fit for the purpose that Different Planet Arts determine it is fit for the purpose for which the customer uses the training in mind of their description; and
• comply with all applicable statutory and regulatory requirements for supplying the training in the United Kingdom, or elsewhere.

These Terms apply to any replacement training Different Planet Arts supply to the customer in the unlikely event that the original classes, courses, events or workshops do not conform with these Terms.

Customers are not permitted to use the training or information received from the training for any commercial purpose, without prior written consent.

7. Attending a training – Code of Conduct

We aim to ensure the venues that we use allow for maximum access and inclusivity in our work. In order to create a relaxed and comfortable environment for all attendees, we ask that you comply with the code of conduct below:

• Training will start on time and people must arrive before the event is due to start.
• During the training, mobile phones must either be switched off or on silent unless otherwise agreed.
• The Different Planet Arts environment is relaxed and sociable, however to show respect for the group, general chatter must be kept to a minimum to ensure that the teacher can be heard and that the focus is kept on learning.
• Classes are sometimes held in venues with hard surfaces and, although mats may be provided it is the participant’s responsibility to wear suitable clothing and we cannot be held liable for any injury caused by lack of care or awareness of the participants.
• If the teacher of a training determines that the participant is disruptive, the teacher on behalf of Different Planet Arts, shall be entitled to exclude the participant.

8. Responsibilities

The participant is aware that

• the information set out in the Booking Form whether completed and or accepted/signed by the participant is accurate in all respects and will notify Different Planet Arts of any change in such information immediately;
• when attending a training the participant will not be knowingly suffering from any infectious disease or anything similar thereto.

 

9. Limitation of Liability

Different Planet Arts shall not be responsible for any loss that a participant suffers as a result, except for those losses which it could reasonably foresee would result from the failure to comply with these Terms and Conditions.

Different Planet Arts shall not be responsible to the participant for losses that result from its failure to comply with these Terms and Conditions including, but not limited to, losses that fall into the following categories:

• loss of income or revenue;
• loss of business;
• loss of anticipated savings; or
• loss of data.

This clause shall not prevent claims for foreseeable loss of, or damage to, the participant’s physical property.

This clause does not exclude or limit in any way Different Planet Arts liability for:

• death or personal injury caused by our negligence; or
• fraud or fraudulent misrepresentation; or
• any breach of obligations under the Consumer Rights Act 2015
• any other matter for which it would be illegal or unlawful for Different Planet Arts to exclude or attempt to exclude its liability.

The participant agrees that any claim against Different Planet Arts or any teacher, practitioner, employee or agent of Different Planet Arts must be brought within 60 days of the event that gave rise to such claim. The participant agrees any claim made thereafter should be discussed.

The participant acknowledges, warrants and undertakes that the maximum aggregate liability of Different Planet Arts to the participant under these Terms and Conditions shall not exceed the Fee paid.

All warranties and conditions whether implied by statute or otherwise are so far as is permitted excluded from these Terms and Conditions.

10. Data Protection

Different Planet Arts acts a Data Controller in relation to services supplied under these Terms and Conditions and the person responsible for data protection matters is Ariane Hadjilias.

Different Planet Arts will adhere to all applicable data protection laws and always stores data sent to us in a secure manner as outlined in our Privacy Policy.

Different Planet Arts shall ensure that data processing only takes place in accordance with the terms of this Terms and Conditions and any Data Processing Agreements in place from time to time. Different Planet Arts only processes personal data where it has a lawful basis to do so.

Different Planet Arts may store and process personal data via our servers located in the EU, or any other country that provides suitable and adequate security measures to protect the data. Data will be transferred in accordance with the relevant data protection laws.

We retain the right to respond to legal requests as necessary.

Please visit our privacy policy for further information on how we handle, store and use your data.

 

11. Personal Data

Different Planet Arts shall uphold all rights in relation to the use of a data subjects’ personal data. The rights of data subjects are contained within our Privacy Policy.

As permitted under data protection legislation, we will store a Client’s data for as long as necessary in order to provide our services to the Client. Information associated with you will be kept until your information is no longer needed for the purposes agreed or for other legitimate purposes.

Once our relationship with you as a user of our courses, events, workshops has terminated, we will retain personal information only to comply with legal requirements, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions, and take any action permitted by law.

We do not pass participants/clients/customers information to any third parties except those who have contractually agreed to abide by our service Terms and Conditions. Your data will not be used or sold outside of the agreed Terms and Conditions.

Please visit our privacy policy for further information on how we handle, store and use your data.

12. Fair Processing Notice or Audio or Visual Records and Photographs

Different Planet Arts may take and use audio or visual recordings and photographs of you for the following purposes:

• to be displayed on the Different Planet Arts website;
• to be displayed on Different Planet Arts administered social media platforms;
• to appear in Different Planet Arts publications (including, but not limited to, prospectuses, marketing materials, annual reports – monitoring and evaluation)
• general publicity purposes

If you have any concerns about or wish to opt out to audio or visual recordings and photographs being taken please contact us.

If you would like us to remove any specific audio or visual recording or photograph of you from an existing Different Planet Arts publication, website or display, please contact Different Planet Arts by emailing us at ariane@differentplanetarts.org.uk

 

13. Intellectual Property

Different Planet Arts reserves the right to all intellectual property in relation to this website and the services provided. Use of the services does not give the user any ownership in the services, its content or any trademark or logo used on the website.

Any information or material provided to us is on the basis of a non-exclusive, irrevocable, perpetual and royalty free licence to use such information and material in relation to the services we provide under our Terms and Conditions.

14. Changes to Terms and Conditions

These terms and conditions may be modified from time to time and you are advised to check this page to see that you are reading the most up-to-date Terms and Conditions.

By accepting our Terms and Conditions, you consent to our collection, storage, use and disclosure of your personal information as described in our Privacy Policy.

15. Force Majeure

Different Planet Arts will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is caused by events outside its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of Different Planet Arts.

16. Severance

Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17. No waiver

The failure by either party to enforce any obligation under these Terms and Conditions at any time or for any period shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms and Conditions.

18. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is no contained herein shall be binding or form part of these Terms and Conditions.

19. Rights of Third Parties

No term of the Terms and Conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

20. Governing law and Jurisdiction

This Agreement shall be governed by English law and each party irrevocably submits to the exclusive jurisdiction of the English courts.