Terms and Conditions

Bright Sparks Events - HOLIDAY CAMPS - Terms and Conditions for PARENTS

Holiday Camps – Terms & Conditions – update 18 January 2022

BRIGHT SPARKS EVENTS LIMITED TERMS AND CONDITIONS FOR THE PROVISON OF SERVICES TO CONSUMERS

If you have any questions about our Terms and Conditions, please email Us at camps@brightsparksevent.co.uk

INTRODUCTION

PLEASE READ CAREFULLY

THESE ARE THE TERMS AND CONDITIONS WHICH GOVERN OUR SUPPLY OF SERVICES TO YOU AND OUR RELATIONSHIP WITH YOU. IT CONSTITUTES A LEGAL AGREEMENT. PLEASE READ THEM IN CONJUNCTION WITH OUR WEBSITE DISCLAIMER, PRIVACY POLICY AND COOKIES POLICY ALL OF WHICH CAN BE FOUND ON OUR WEBSITE. YOU AGREE YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY THE CONTENTS HEREIN.

BETWEEN:

(1) Bright Sparks Events Limited a company registered in England and Wales under number 7872666 whose registered address is at 33b Northcourt Road, Abingdon, Oxfordshire, OX14 1PJ (“Us”) and

(2) Yourself (“You”)

WHEREAS:

(1) We, Bright Sparks Events Limited, provide Services to clients who are “Consumers” (as defined by the Consumer Rights Act 2015) and We have reasonable skill, knowledge and experience in that field.

(2) You wish to engage Us to provide the holiday camp Services (as defined in Clause 1 below), subject to the terms and conditions of this Agreement.

(3) We agree to provide the Services set out in this Agreement to You, subject to the terms and conditions of this Agreement.

IT IS AGREED as follows:

1.       Definitions and Interpretation

1.1.   In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
“Booking” means a booking (made as set out in this Agreement) for particular holiday camp Services and evidenced by the Booking Confirmation;

“Booking Confirmation” means the booking confirmation emailed to You containing details of the Services and the Holiday Camp, including the start and finish times of the Services;

“Business Day” means Monday to Friday inclusive excluding bank and public holidays in England;

“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to this Agreement means an individual who receives or uses Services from Us for the individual’s personal use and for purposes wholly or mainly outside the purposes of any Business;

“Instructor” means Us or the person(s) who We nominate to provide the Services;

“Holiday Camp” means the activity day arranged by Us and taking place at specified venue;

“Take Home Items” means items made, given or completed during activities undertaken at the Holiday Camp which the children are able to bring home with them;

“Fees” means the total amount (calculated on the basis of Our Price List) payable for the Services;

“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

“Services” means science activities, experiments, art and craft activities, games/sports;

“We/Us/Our” means the company whose name is set out above and includes all Our staff, Instructors (employees and agents);

“You/Your” means the individual adult person to whom We agree to provide any Services for during the Holiday Camp for which Your child/ren will benefit;

And “Venue” means the premises in which the Booking Confirmation states will be the location for the Holiday Camp, at which We are to provide the Services.
1.2.   Unless the context otherwise requires, each reference in this Agreement to a Clause or sub-Clause is a reference to a Clause of this Agreement;
1.3.   The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement;
1.4.   Words signifying the singular number shall include the plural and vice versa;
1.5.   References to “writing”, and any similar expression, includes letter and electronic communications whether sent by e-mail, text message or other means.

 

2.       Booking Procedure

2.1.   You must be 18 or over and a “Consumer” to book any Services.
2.2.   We will not reserve or guarantee any Services unless and until You make a Booking and pay for them as follows.
2.3.   You may confirm a Booking by phone or online via Active Network. You are required to create an account and pay Fees in full to secure Your Booking. All information will be relayed to You via email once the Booking Confirmation process is completed.
2.4.   You are responsible for making sure that the information You provide is accurate and complete. If You provide Us with inaccurate or incomplete information, We will not be liable for any failure to act or care for Your child(ren) caused by Your failure to provide Us with accurate and complete information. This includes but is not limited to medical and other special educational needs, and emergency contact information.
2.5.   By completing and returning/submitting a Booking, You confirm that You accept, and agree to be bound by, the terms and conditions of this Agreement.
2.6.   Only if and when You submit to Us the information confirmed via the Booking Confirmation and pay the Fees will there be a “Booking” and only then will there be a binding contract between You and Us.

 

3.       Changes to Booking Details

You may make changes to Your Booking at any time prior to the Holiday Camp via Your Active Network account. We will use reasonable endeavours to accommodate any requests, but We shall be under no obligation to do so. If You provide Us with 14 days or more notice, You can change Your dates within the same holiday camp, subject to availability, free of charge. If You give Us fewer than 14 days’ notice We will endeavour to change Your dates, but cannot guarantee it.

 

4.       Fees and Payment

4.1.   Bookings made via Active Network require Fees to be paid in full. You must pay the Fees for all Services that We fully and correctly provide to You. You may pay Us the Fees with Credit/Debit Card using our online booking system via Active Network.
4.2.   We may alter the prices in the Price List without prior notice, but if any prices increase between the time when You make a Booking and the date of the Holiday Camp, the price increase will not apply to You and the Fees will therefore not increase for the Holiday Camp on that date.
4.3.   VAT is not charged on prices of Services shown in the Price List.
4.4.   The calculation of the Fees will be based on time which will be spent at the Venue, including parking, unloading, setting up/packing up and the period of time for which the Services are provided. All children MUST be collected at 3.30pm (unless timings are otherwise specified at time of Booking). You will be charged a late collection Fee of £10 for every 15 minutes after 3.45pm to cover the additional time spent at the Venue. We will advise You of the revised Fee amount and expect payment within 5 Business Days. Unless You pay the revised Fee amount, We will not accept future Bookings.
4.5.   Bright Sparks Events cannot accept Childcare Vouchers as a form of payment for Bookings as We are not OFSTED registered. We are exempt from registering with the compulsory Childcare Register as We provide specific tuition to help children improve their scientific skills. This exemption applies where the main purpose of what providers intend to offer is to give instruction or tuition in the activities. We do however adhere to OFSTED guidelines and recommended ratios.

 

5.       Cancellation of Services and Consumer Rights

5.1.   You may for any reason cancel a Booking during the 14 day period after the Booking is made, but if the Booking is for any Services to be provided on a date which is before the end of that 14 day period, You may not cancel those requested Services and You must pay for them in accordance with this Clause 5.
5.2.   If You request that Your Booking be cancelled, You must confirm this in Writing.
5.3.   If Your cancellation is valid in accordance to clause 5, We will refund the payment to You within 14 days of receiving Your cancellation. If, at any time after You pay Us all Fees in advance for all Services, You cancel the Services without giving Us the prior notice that We require to be given as set out in this Clause 5, We will be entitled to keep some or all of those Fees as set out in this Clause 5.
5.4.   You may cancel the Services without charge if You give Us at least 7 days prior notice of the cancellation. If You do so We will refund to You any sum(s) You paid in advance less a £5 admin fee.
5.5.   If You give Us prior notice to cancel the Services but do not give Us at least 7 days prior notice of cancellation of the Services, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation, but that charge will be limited to an amount equal to the total Fees for the Services.
5.6.   If, due to exceptional circumstances, You cancel the Services without giving Us at least 7 days prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under the above provisions of this Clause 5.
5.7.   We may cancel the Services at any time before the time and date booked for the Services in the following circumstances:
5.7.1.     If We no longer have the ability to run the Holiday Camp due to non-availability of the Venue. If the Venue cancels Our arrangement for the hire of the premises, We will endeavour to find an alternative premises in which to provide the Services. If We do decide to cancel the Services, in such circumstances, We will refund to You in full the Fees You have paid Us for the Services; or
5.7.2.     If the minimum required number of registrations is not reached 5 business days before the Holiday Camp is due to run. If We do decide to cancel the Services, in such circumstances, We will refund to You in full the Fees You have paid Us for the Services.
5.8.   We may immediately terminate provision of the Services if:
5.8.1.       any act or conduct of Your child(ren) at the Holiday Camp, in Our reasonable opinion renders it unreasonable for Our Instructor(s) to continue or it amounts to Your breach of this Agreement. You will not be entitled to any refund of all or part of the Fees for Services not completed as a result in such a case; or
5.8.2.       the ratio of adults to children becomes compromised due to illness or accident and it becomes unsafe or impracticable to provide the Services; or
5.8.3.       due to unforeseen circumstances the Venue becomes unsafe, impracticable or unsuitable to provide the Services at the premises.

6.       Illness, Absence, Coronavirus Policy and First Aid

6.1.   We require that all children who are ill or suffering from any contagious/infectious disease do not attend the Holiday Camp and be kept home for the full duration of their ailment, and for 48 hours after the last symptom occurs. This includes, but is not limited to fever, sickness, chicken pox, diarrhoea or impetigo.
6.2.   If a child is not attending a scheduled day on one of our Holiday Camps, You must let Us know as soon as possible, by phone, text or email to allow Us to update our records. We will contact You if Your child is due to attend but doesn’t show by 9.30am.
6.3.   If a child is absent from the Holiday Camp for any reason, no refund will be issued, unless You opted to take out the Illness & Absence Protection Scheme.

6.4.   Temporary Coronavirus (Covid-19) Policy, valid until March 2022, with the possibility to extend;

6.4.1.       If Your child(ren) displays coronavirus symptoms or has tested positive for Covid-19 by lateral flow or PCR they should not attend the Holiday Camp and should isolate as per government guidelines. We will not be able to accept your child back to the Holiday Camp until they have had 2 negative lateral flow tests, 24 hours apart.
6.4.2.       If Your child is unable to attend the Holiday Camp because they have tested positive for Covid-19, We will credit Your Active Network account for the day(s) missed, upon receipt of evidence of the positive test as reported to the NHS, but no cash or credit/debit card refunds will be given. This credit note can be used to secure Your child a place at a future Holiday Camp.
6.4.3.       If Your child appears to be developing possible symptoms, they should not attend the Holiday Camp unless they have tested negative for Covid-19 and are otherwise well.
6.4.4.       If at any point whilst attending the Holiday Camp Your child starts to display signs of Covid-19, they will immediately be put into a separate space (but still under supervision with a member of staff in PPE) and You will be contacted to collect Your child as soon as possible.
6.4.5.       If You, a family member or someone of the same household tests positive for Covid-19 in the 7 days prior to Your child(ren) attending the Holiday Camp, We ask that the child(ren) complete a lateral flow test for Covid-19 each morning they are due to attend the Holiday Camp, before arriving at the Venue.
6.4.6.       If you choose to self-isolate Your child because someone of the same household tests positive with Covid-19, no refund or credit will be given for Your child’s absence. Instead the child can attend the Holiday Camp if they have tested negative for Covid-19 and are otherwise well.
6.4.7.       If Your child tests positive for Covid-19 within 7 days after attending the Holiday Camp please inform Us of the results immediately. Our setting needs to be informed so We can contact the parents of the other children attending the Holiday Camp.
6.4.8.       If Your child has attended with another child that has tested positive for Covid-19 we will inform you as soon as possible.
6.4.9.       If the government issues a new lockdown and we are forced to temporarily close again, Your child’s place will be transferred to an alternative date in the future.
6.5.   When registering Your child to attend the Holiday Camp You will be asked to give Your consent that if an emergency medical situation arises, an Instructor may administer first aid and/or medical treatment which in the opinion of a qualified medical practitioner may be necessary.
6.6.   Qualified Paediatric First Aid trained Instructor will be present at the Venue at all times. In the event of an accident happening to Your child whilst in Our care at the Holiday Camp, first aid will be administered, and You and the emergency services will be called if necessary
6.7.   We will only administer medication if it has been prescribed by a doctor or other health professional, is clearly labelled, and the necessary Administering Medication paperwork has been completed – please speak to the Camp Manager at the beginning of the Holiday Camp if this is required for Your child.
6.8.   Essential prescribed medication including Epipens must be handed in to the Camp Manager for safe-keeping. All Bright Sparks Events First Aid policies are in line with current guidelines.
6.9.   In the event that Your child has to be collected before the end of the day due to illness or injury, no refund for unused time will be available.

6.10.         ILLNESS & ABSENCE PROTECTION SCHEME

For a worry-free purchase, You may opt into the Illness & Absence Protection Scheme to obtain a refund should Your child be unable to make it to the Holiday Camp. Which means We will refund Your account with any day(s) missed through Your child’s absence, illness or injury
6.10.1.   We cannot offer refunds for missed days unless You have opted into the Illness & Absence Protection Scheme and this cover should be taken at the time You make Your Booking. You can add the Illness & Absence Protection Scheme to Your Booking, but no less than 14 days before Your child’s first day of Holiday Camp.
6.10.2.   You must opt into the scheme for the whole booking i.e. 5 camp days booked requires 5 days of cover, per child. The full Fees must be paid 14 days in advance of the Holiday Camp for the cover to be valid.
6.10.3.   Please email our customer services team at camps@brightsparksevents.co.uk for any claims using the Illness & Absence Protection Scheme. Payment of any claims is made as a refund to the debit or credit card used at the time of payment via Your Active Network account.

 

7.       Further Details of Our Obligations and Rights Relating to the Services

7.1.   The following will apply to each Booking in addition to all details set out in this Agreement and in the Booking Confirmation.
7.2.   We will provide the Services:
7.2.1.       with reasonable skill and care;
7.2.2.       in a Venue that is deemed safe and suitable on inspection;
7.2.3.       in accordance with the description of the particular type of Services set out in the Booking Confirmation;
7.2.4.       in a format and with content which We decide unless We specifically agree in writing to any particular format and/or content in which case We will provide the Services in accordance with that agreement; and
7.2.5.       in accordance with all applicable statutory and regulatory requirements;
7.3.   We will ensure that the adult Instructors:
7.3.1.       have a satisfactory up-to-date DBS check; and
7.3.2.       have been trained on the safe use of equipment; and
7.3.3.       properly supervise the children attending the Holiday Camp at all times at an appropriate ratio of 1:10 during activities not less than 1 adult to 15 children during breaks;
7.3.4.       are covered by public liability insurance cover for the provision of the Services.
7.4.   We will provide all equipment, props and consumables required to provide the Services. We will not provide any food, drink, or other goods or materials as part of the Services, other than those mentioned in the Services to be provided as set out in the Booking Confirmation.
7.5.   We will ensure that all electrical equipment that We use is maintained to a professional standard and PAT tested.
7.6.   We will ensure that all Our activities are fully risk assessed and deemed safe for the children in the specified age range to participate in.
7.7.   We will take account when providing the Services of any special needs of children due to attend the Holiday Camp (provided that You have made Us aware of these needs prior to the event) and will seek where reasonably possible to adapt the Services to meet the interests of such children. If any children attending the Holiday Camp have special needs which may affect their ability to take part in the Services, You provide Us with full details of such special needs at least 7 calendar days before the Holiday Camp. You are responsible for ensuring that such children are able to safely attend and engage in the Services.

 

8.       Special Education Needs & Requirements

8.1.   We recognise that the needs of individual children vary, and will endeavour to accommodate children with specific needs and/or medical conditions within our holiday camps.  It is our policy not to exclude any child due to specific needs and/or medical conditions wherever possible.
8.2.   It is the responsibility of the You/parent/carer to inform Us of any medical conditions and special educational needs or disabilities, whether booking online or over the phone, so We can discuss how best to accommodate the child, and consider whether any reasonable adjustments can be made to ensure they are able to fully participate and enjoy the activities on our camps within the staffing ratios provided. The needs of each child vary so decisions are made on a case-by-case basis and depend upon the level of support each individual child may require.
8.3.   We are not able to provide additional staff to support a child above our standard ratios of 1:10 adult to child, irrespective of any specific needs or medical conditions.  Where We feel that a child is not coping within these ratios, We reserve the right to ask the parent/carer to come and collect their child. No refund will be available.
8.4.   Where a child does require one-to-one support, We are happy to accommodate a child with specific needs on a paid trial basis and reserve the right to review further bookings. We may permit parents/carers to attend the camp to support their child, providing the Bright Sparks Events safer recruitment standards are met.

9.       Limitation of Liability

9.1.   We hold public liability insurance and take health and safety standards seriously. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of this Agreement or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.
9.2.   Products and safe use of their contents as provided by Us as part of the Services, including but not limited to Take Home items, will become Your responsibility from the moment the children have been collected by You or the designated person. Take Home Items, including but not limited to slime, putty and sherbet, will be made under the Instructor’s supervision during the delivery of the Holiday Camp. The ingredients of some such items will be written on a label fixed to the container. On taking this home from the Holiday Camp, You are reminded that supervision is required and safe use and storage of the Take Home Items will be Your responsibility at the end of the Holiday Camp.
9.3.   The safety of children attending the Event is important to Us. All Our activities are fully risk assessed and deemed safe for the children in the specified age range to participate in.
However We nor the Instructor will be responsible for;
9.3.1.       Injuries caused by/to children present at the Venue below the age range (under 5 years) using equipment without adequate parent supervision.
9.3.2.       Injuries caused to children attending the Holiday Camp using or trying to use equipment or other property belonging to Us or the Instructor without the Instructor’s express permission.
9.3.3.       Injuries caused to children attending the Holiday Camp who disregard safety advice and warnings given by the Instructor.
9.3.4.       Reactions caused by allergies that have not been specified at the time of Booking or at the beginning of the Holiday Camp.
9.3.5.       Adverse effects in epileptic guests or participants with electronic implants, caused by the use of a strobe light, plasma ball or Van de Graaff generator, where existing conditions have not been disclosed at the time of Booking or at the beginning of the Holiday Camp.
9.4.   Whilst We endeavour to ensure that the form and content of tuition that We agree to provide will be suitable for and enjoyed by the children at the Holiday Camp, We are only able to take into account the age range to be catered for if it as communicated to Us and confirmed via the Booking Confirmation. Provided that We reasonably endeavour to take into account that information, We will not be responsible or liable if any child at the Holiday Camp is not content with or does not enjoy the Services.
9.5.   Nothing in this Agreement is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
9.6.   Furthermore, if You are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in this Agreement is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
9.6.1.       the Consumer Rights Act 2015;
9.6.2.       the Regulations;
9.6.3.       the Consumer Protection Act 1987; or
9.6.4.       any other consumer protection legislation as that legislation is amended from time to time. For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

 

10.       Behaviour Policy and Child Exclusion

10.1.    Bright Sparks Events has a responsibility for ensuring the well-being and safety of all children in our care. The Holiday Camp Instructors use effective behaviour management strategies to promote the welfare and enjoyment of children attending the camp days and are keen to work in with parents to manage behaviour using clear, consistent and positive strategies.
10.2.    Our Instructors follow a zero tolerance policy on discrimination, bullying or persistently poor behaviour of any kind, irrespective of any special needs. We reserve the right to exclude a child at any time during a Holiday Camp session due to disruptive or unsafe behaviour. No refunds will be given for any child asked to leave the Holiday Camp due to poor behaviour.
10.3.    We reserve the right to ask parents to remove a child from the Holiday Camp, either for the remainder of the day (part exclusion), or for the rest of the Booking (full exclusion). You or the parent/carer will be expected to come and collect the child. No refund will be made for any remaining days booked, and any Fees associated with the exclusion.

 

11.       Late Collection of child(ren)

11.1.    All children must be collected by 3.30pm (unless different timings are otherwise specified at time of booking).
11.2.    If for any reason You or a designated parent/carer are unable to collect by 3.30pm, We ask that You call the Camp Manager as soon as possible.  Two members of staff will wait with Your child until they are collected.
11.3.    You will be charged a late collection fee of £10 for every 15 minutes after 3.45pm to cover the additional staffing cost.
11.4.    If We have no contact from You or a parent/guardian by 4.15pm, we will contact Social Services to advise them we have an uncollected child.
11.5.    We reserve the right to refuse future bookings from parents who continually pick up late.

 

12.       Personal Property

12.1.    All Your child’s personal property is Your responsibility and We cannot be held responsible for the loss or damage to any child’s property, howsoever caused, which may occur whilst they are attending one of our holiday camps.  If You believe that Your child has left an item at one of our camps, please contact camps@brightsparksevent.co.uk, who will do their best to assist You. Lost property will remain on site until the last day of the camp and should be collected before the last day.  Unclaimed lost property will be kept until the end of the Holiday Camp in our office and then donated to charity. We are unable to return any items to You from any of our sites.
12.2.    Children are advised not to bring in any of their own possessions, including but not limited to toys, mobile phones, game consoles and music players, to the Holiday Camp.
12.3.    All mobile phones and electrical devices are prohibited for children on Our Holiday Camps, except when previously agreed with the Camp Manager by You or a parent/carer.
12.4.    In the event that such items are brought in by a child the Bright Sparks Events Limited accepts no liability for any loss or damage that may occur.

 

13.       Photography / Filming

13.1.    When registering Your child to attend the Holiday Camp You will be asked to give Your consent.
13.2.    Please be aware that Bright Sparks Events uses photos and videos to capture all the fun for our website, social media galleries, promotional materials and for local press.  If parents/carers would not like their child included in this, they must let the Camp Manager know as soon as possible.

 

14.       Safeguarding

As set out in our Safeguarding Policy, Bright Sparks Events has legal obligations in relation to safeguarding and any suggestion of child abuse or neglect will be investigated and reported to the relevant local authorities and agencies.

 

15.       Changes to Terms and Conditions

We may from time to time change the terms and conditions of this Agreement without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

 

16.       How We Use Your Personal Information (Data Protection)

Bright Sparks Events is registered as a Data Controller under GDPR regulations (ICO registration reference: ZA380221).  At Bright Sparks Events We respect the privacy of the children attending Our Holiday Camps and the privacy of their parents or carers. The personal information that We collect about You and Your child is used only to provide appropriate care for them, maintain our service to You, and communicate with You effectively. As a Data Controller, our legal basis for organising and processing the personal information relating to You and Your child is so that We can fulfil our contract with You, and provide Your child with a safe and enjoyable experience. Please see our Privacy Policy. If You would like to discuss this further, please email camps@brightsparksevent.co.uk.
16.1.         For the purposes of this Clause 11, “personal information” means any personal data or other personal information relating to You or any third party (including personal information relating to children who will attend the Holiday Camp).
16.2.         To the extent that You provide Us with any personal information, You warrant that the personal information is accurate and complete and that We will not, by processing that personal information for the sole purpose of administering the Booking and providing the Services, break any applicable law or regulation.
16.3.         In so far as administering, arranging the Booking or providing the Services for You involves Us in collecting, using, or holding or otherwise processing any personal information obtained from You which is personal data, We shall only do so with Your express consent and in accordance with any lawful instructions reasonably given by You from time to time, and the provisions of the Data Protection Act 1998 and Your rights under that Act and this Agreement.
16.4.         We may use personal information as follows:
16.4.1.   to administer or arrange Your Booking and the Services for You or to offer or provide Services to You;
16.4.2.   to process Your payment for the Services;
16.4.3.   We will not pass on Your personal information to any third parties without first obtaining Your express permission.

 

17.       Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You except where that information is already apparent from the context of the transaction. We have included the information itself either in this Agreement for You to see now, or We will make it available to You before We accept Your offer. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

 

18.       Information

As required by the Regulations:
18.1.    all of the information described in Clause 12; and
18.2.    any other information which We give to You about any Services or Ourselves and Our business which You take into account when deciding to make a Booking or when making any other decision about Services will be part of the terms of Our contract with You as a Consumer.

 

19.       Complaints and Feedback

We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your / Your child(ren)’s experience is a positive one, We nevertheless want to hear from You if You have any cause for complaint; We value Your feedback and use it to develop and improve our Services. If You have a concern regarding one of our Holiday Camps, this should be raised with Your child’s Camp Manager, who will follow the procedures set out in our Complaints Policy. In the unlikely event that Your complaint cannot be resolved, You may wish to raise the matter further with the Company Director who can be contacted via email; brightsparkseventslimited@gmail.com.

 

20.       Miscellaneous

20.1.    If You make the Booking on behalf of a third party, You are responsible to ensure that the person(s) on whose behalf You make the Booking complies with all of the terms and conditions of this Agreement.
20.2.    No failure or delay by Us or You in exercising any rights under this Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of this Agreement means that We or You will waive any subsequent breach of the same or any other provision.
20.3.    If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.

 

21.       Law and Jurisdiction

21.1.    This Agreement and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law.
21.2.    Any dispute, controversy, proceedings or claim between You and Us relating to this Agreement (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

Bright Sparks Events - SCIENCE PARTY - Terms and Conditions for PARENTS

Parties and Events – Terms & Conditions – update 18 January 2022

BRIGHT SPARKS EVENTS LIMITED TERMS AND CONDITIONS FOR THE PROVISON OF SERVICES TO CONSUMERS

If you have any questions about our Terms and Conditions, please email Us at camps@brightsparksevent.co.uk

INTRODUCTION

PLEASE READ CAREFULLY

THESE ARE THE TERMS AND CONDITIONS WHICH GOVERN OUR SUPPLY OF SERVICES TO YOU AND OUR RELATIONSHIP WITH YOU. IT CONSTITUTES A LEGAL AGREEMENT. PLEASE READ THEM IN CONJUNCTION WITH OUR WEBSITE DISCLAIMER, PRIVACY POLICY AND COOKIES POLICY ALL OF WHICH CAN BE FOUND ON OUR WEBSITE. YOU AGREE YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY THE CONTENTS HEREIN.

BETWEEN:
(1)     Bright Sparks Events Limited a company registered in England and Wales under number 7872666 whose registered address is at 33b Northcourt Road, Abingdon, Oxfordshire, OX14 1PJ (“Us”) and
(2)     Yourself (“You”)
WHEREAS:
(1)     We, Bright Sparks Events Limited, provide Services at Events to clients who are “Consumers” (as defined by the Consumer Rights Act 2015) and We have reasonable skill, knowledge and experience in that field.
(2)     You wish to engage Us to provide the Services for Your Event (as defined in Clause 1 below), subject to the terms and conditions of this Agreement.
(3)     We agree to provide the Services set out in this Agreement to You for the Event, subject to the terms and conditions of this Agreement.
IT IS AGREED as follows:

1.     Definitions and Interpretation

1.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

“Booking” means a booking (made as set out in this Agreement) for particular Services for an Event and evidenced by the Booking Confirmation;

“Booking Confirmation” means the booking confirmation emailed to you containing details of the Services and the Event, including the start and finish times of the Services;

“Business” means any business, trade, craft, or profession carried on by You or any other person/organisation;

“Business Day” means Monday to Friday inclusive excluding bank and public holidays in England;

“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to this Agreement means an individual who receives or uses Services from Us for the individual’s personal use and for purposes wholly or mainly outside the purposes of any Business;

“Deposit” means the deposit amount stated in the Booking Confirmation, being on account of the Fees;

“Entertainer” means Us or the person who We nominate to provide the Services for Us;

“Event” means any party or other event arranged by You and taking place at Your Premises of which the Services We provide for You form part;

“Fees” means the total amount (calculated on the basis of Our Price List) payable for the Services;

“Price List” means Our standard price list of Fees for Our Services as quoted to you or the list of Services and their prices found in the enquiry email;

“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

“Services” means party games, science shows, science workshops, science activities, experiments, art and craft activities, games/sports;

“We/Us/Our” means the company whose name is set out above and includes all Our staff (employees and agents);

“You/Your” means the individual adult person to whom We agree to provide any Services for all or part of an Event for the benefit of any child/ren;

And “Your Premises” means the premises which the Booking Confirmation states will be the venue for the Event (at which We are to provide the Services) being premises which are either Your home or garden at Your home, or some other premises which You arrange to make available for the Event.

1.2     Unless the context otherwise requires, each reference in this Agreement to a Clause or sub-Clause is a reference to a Clause of this Agreement;
1.3     The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement;
1.4     Words signifying the singular number shall include the plural and vice versa;
1.5     References to “writing”, and any similar expression, includes letter and electronic communications whether sent by e-mail, text message or other means.

 

2.        Booking Procedure

2.1     You must be 18 or over and a “Consumer” to book any Services.
2.2     We will not reserve or guarantee any time/date slot to provide Services nor will We provide any Services unless and until You make a Booking and pay for them as follows.
2.3     You may make a booking enquiry by phone or in writing or completing the enquiry form on Our website outlining the Services required and the date and place of the Event concerned. When We receive Your enquiry We will respond to let you know provisionally whether We are able to provide the Services that You require on the date, at the time, and at the place required, and We will also advise You of the Fees payable based on the information You have given Us. All information will be relayed to you via the Booking Confirmation.
2.4     If You would then like to proceed to make a Booking, You must within 5 Business Days after We have responded as stated in sub-Clause 2.3 pay us the Deposit.
2.5     You are responsible for making sure that the information you provide is accurate and complete. If You provide Us with inaccurate or incomplete information, We will not be liable for any delay, non-performance or incorrect performance caused by Your failure to provide us with accurate and complete information.
2.6     By completing and returning/submitting a Booking, You confirm that you accept, and agree to be bound by, the terms and conditions of this Agreement.
2.7     Your acceptance of our Booking Confirmation, and Your payment of those Fees will be an offer to make a Booking on the terms and conditions of this Agreement for the particular Services and Event as detailed, but whether We accept or decline that offer will be for Us to decide in Our absolute discretion.
2.8     We may in Our discretion accept Your offer following Booking Confirmation and payment of Deposit after expiry of the 5 Business Days period referred to in sub-Clause 2.4.
2.9     Only if and when You submit to Us the information confirmed via the Booking Confirmation and pay the Deposit and We have responded by sending You written notice of confirmation of the Booking requested will there be a “Booking” and only then will there be a binding contract between You and Us.

 

3.         Changes to Booking Details

You may request changes to your Booking at any time, up to 7 days prior to the Event. We will use reasonable endeavours to accommodate any requested change, but we shall be under no obligation to do so. If We do make a change requested by You, We shall be entitled to amend the Fees as a result of the change in accordance with the Price List, and will notify You of any such amendment to Fees within 3 Business Days of receiving the request to make the change, then:
3.1     If You accept the amended Fees, You may confirm the change and the amended Fees to Us in writing; or
3.2     If you are not willing to accept the amended Fees, You may confirm to Us in writing either that:
3.2.1     You wish to receive the Services at the original Fees agreed and without the requested change; or
3.2.2     You may cancel Your Booking on and subject to the cancellation provisions in this Agreement. If You do not let us have any of the above confirmations within 3 Business Days after We notify You of the amendment to Fees, the Booking shall remain unchanged and We will provide the Services at the original Fees agreed and without the requested change.

 

4.         Fees and Payment

4.1     Bookings made via Active Network either require Fees to be paid in full or pay a £100 non-refundable Deposit and agree to a payment plan with Active Network that will automatically take the remaining balance of the Fees on the Monday immediately after the Event.
Bookings not made via Active Network, but made by other Written means, require the balance of the Fees to be paid in full and cleared funds by no later than 14 calendar days before the Event, but if the Booking is made less than 14 calendar days before the Event, You must instead pay us the balance of the Fees with the Deposit.
4.2     You must pay the Fees for all Services that We fully and correctly provide to You.
4.3     You may pay Us the Fees for the Services using any of the following methods:
4.3.1    Credit/Debit Card by phone or using our online booking system (Active Network);
4.3.2 Cheque, BACS or Cash payment into our nominated bank account;
4.4     We may alter the prices in the Price List without prior notice, but if any prices increase between the time when You make a Booking and the date of the Event, the price increase will not apply to You and the Fees will therefore not increase for the Event on that date.
4.5     VAT is not charged on prices of Services shown in the Price List.
4.6     If You state anything before the event which We were not aware of when We previously quoted the amount of Fees payable and We decide that it necessitates altering that Fee quote, We will advise You of the revised Fee amount and ask You whether You still wish to proceed. Unless You confirm that You do wish to proceed and You pay the revised Fee amount, We will not accept the Booking.
4.7     You must state Your estimate of the number of children who will attend the Event, and the amount of the Fees payable will be based on that number as stated in the Price List. If, however, at any time after initial contact but before the date of the Event You notify Us that You have revised the estimated number, the amount of the Fees may be altered and increased by Us.
4.8     If the number of children who attend the Event is less than You previously estimated and advised to Us and if according to the Price List, the Fees payable for the number attending is less than for the number that You previously estimated and advised to Us, You will not be entitled to any reduction in Fees for that reason but where the number is significantly less, on request We will consider the circumstances and in Our discretion decide whether to make any reduction in Fees, and if We do so decide We will repay to You the amount by which We reduce the Fees.
4.9     The calculation of the Fees will be based on time which will be spent at Your Premises, including parking, unloading, setting up/packing up, the period of time for which the Services are provided, all breaks taken by the Entertainer during that time, and his/her travelling time to and from Your Premises. We will advise You (when We tell You the amount of the Fees to apply) of the total amount of time We will need in addition to the time during which We provide the Services.

 

5.         Cancellation of Services and Consumer Rights

5.1     If, at any time after You pay Us all Fees in advance for all Services, You cancel the Services without giving Us the prior notice that We require to be given as set out in this Clause 5, We will be entitled to keep some or all of those Fees as set out in this Clause 5.
5.2     You may cancel the Services without charge if You give Us at least 14 days prior notice of the cancellation. If You do so We will refund to You any sum(s) You paid in advance minus a £15 admin fee.
5.3     If You give Us prior notice to cancel the Services but do not give Us at least 14 days prior notice of cancellation of the Services, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation, but that charge will be limited to an amount equal to the total Fees for the Services.
5.4     If, due to exceptional circumstances including, but not limited to, illness, accidents, or bereavement affecting either You or the child for whom the Event has been arranged, or Your inability to run the Event due to non-availability of the Event venue at Your Premises, You cancel the Services without giving Us at least 14 days prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under the above provisions of this Clause 5.
5.5     We may cancel the Services at any time before the time and date booked for the Services in the following circumstances:
5.5.1     An event described in sub-Clause 8 below occurs and continues for more than 3 hours. If We do decide to cancel the Services in such circumstances We will refund to You in full the Fees You have paid Us for the Services; or
5.5.2     We find that you are not a “Consumer” (as defined in Clause 1 above). If We do decide to cancel the Services in such circumstances We will refund to You in full the Fees You have paid Us for the Services less any costs We have incurred specifically for the Services which We are unable to save or recover. If We cancel the Services in such circumstances We will have no liability to refund Fees or other liability for that cancellation except as above.
5.6     Prices for the Services are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.
5.7     We may immediately terminate provision of the Services if:
5.7.1     any act or omission or conduct of any person(s) at the Event (whether that person is You or any other adult or minor) in Our reasonable opinion renders it unreasonable for the Entertainer to continue or it amounts to Your breach of this Agreement; or
5.7.2     the venue is outdoors, and weather conditions make it unsafe, impracticable or unsuitable to provide the Services outdoors and You do not have a back up plan to use an indoor area at Your Premises. You will not be entitled to any refund of all or part of the Fees for Services not completed as a result in such a case.
5.8     Where the contract We make with You is not made on Our Premises, the Regulations give You the rights set out in this sub-Clause 5.8, and they will be in addition to the rights given to You by the above provisions of this Clause 5. You may for any reason cancel a Booking during the 14 day period after the Booking is made, but if the Booking is for any Services to be provided on a date which is before the end of that 14 day period, and if You have expressly requested Us to provide such Services in that 14 day period and We do so, You may not cancel those requested Services and You must pay for them in accordance with this Clause 5. If You request that Your Booking be cancelled, You must confirm this in Writing in any way convenient to You. If Your cancellation is allowed by this sub-clause 5.8, and You have already made any payment(s) to Us for the Booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the Services covered by that Booking that We have provided.

 

6.         Further Details of Our Obligations and Rights Relating to the Services

6.1     The following will apply to each Booking in addition to all details set out in this Agreement and in the Booking Confirmation.
6.2     We will provide the Services:
6.2.1     with reasonable skill and care;
6.2.2     in accordance with all applicable statutory and regulatory requirements;
6.2.3     in accordance with the description of the particular type of Services set out in the Booking Confirmation; and
6.2.4     in a format and with content which We decide unless We specifically agree in writing to any particular format and/or content in which case We will provide the Services in accordance with that agreement;
6.3     We will ensure that the Entertainer:
6.3.1     has a satisfactory up-to-date DBS check; and
6.3.2     is covered by public liability insurance cover for the provision of the Services.
6.4     We will provide all equipment, props and consumables required to provide the Services. We will not provide any food, drink, or other goods or materials as part of the Services, other than those mentioned in the Services to be provided as set out in the Booking Confirmation.
6.5     Neither We nor the Entertainer will be responsible to control or discipline behaviour of any children attending the Event.
6.6     We will ensure that all electrical equipment that We use is maintained to a professional standard, PAT tested and wherever possible, that backup equipment is available in the event of failure of Our equipment.
6.7     If We agree that a particular named Entertainer is to provide the Services, We will use reasonable endeavours to provide that Entertainer. However, We will be entitled to arrange for an alternative Entertainer if for any reason the Entertainer agreed becomes unavailable at any time to provide the Services at the Event.
6.8     If at any time You ask Us to begin any Services later than the time agreed for them as set out in the Booking Confirmation (whether or not due to the Event beginning later than the time stated in the Booking Confirmation), and consequently We have to begin the Services later than that agreed time, then, if the Entertainer arrives for the Event and is ready to provide the Services at or before the agreed time, We will not be obliged to extend the Services beyond the time agreed for finishing the Services set out in the Booking Confirmation.
6.9     If You request the Entertainer to stay beyond the agreed finishing time and he/she agrees to do so, You may be subject to pay Us an additional Fee as calculated at an hourly rate of £24 per hour for the additional time he/she spends. We will give You an invoice for that amount within 3 Business Days after the Event. That invoice will be due and payable within 7 Business Days after We give it to You.
6.10     We will take account when providing the Services of any special needs of children due to attend the Event (provided that you have made us aware of these needs prior to the Event) and will seek where reasonably possible to adapt the Services to meet the interests of such children.
6.11     We will take account when providing the Services of the number of children You estimate in the Booking Acceptance of the Booking Confirmation will be deemed to be Your confirmation that You will be a “Consumer” in connection with any Booking by You.

 

7.         Your Obligations

You must ensure that:
7.1     Your Premises are available for the Entertainer to provide the Services on the date of the Event as set out in the Booking Form and in good time before                 the scheduled start time for the Services so that the Entertainer can set up any necessary equipment. 30 minutes is the preferred length of time                             required for this;
7.2     Where the venue at Your Premises for the Services is outdoors, You have a back up plan to use an indoor area at Your Premises where weather                             conditions make it impracticable or unsuitable to begin or continue the Services outdoors;
7.3     You are present throughout the time when We provide the Services;
7.4     Your Premises are safe and suitable for the Entertainer to provide the Services;
7.5     the following are available for the Entertainer at Your Premises on the date and during the hours of the Event:
7.5.1     sufficient space at Your Premises to deliver the Services and for the children attending the Event to sit comfortably and/or move about to engage in the activities provided by the Entertainer;
7.5.2     such facilities, equipment and utilities as the Entertainer may reasonably require to provide the Services, including access to a sink and running water, a power supply no more than 5 metres from the Entertainer’s set up location;
7.5.3     suitable free of charge parking within reasonable proximity to allow the Entertainer to unload and load equipment and park his/her vehicle for the duration of the Services. We reserve the right to add the costs of any parking where this is not possible; and
7.5.4     appropriate refreshments for the Entertainer if he/she will be at Your Premises for longer than 2 hours for the Event (including time engaged in parking, unloading, setting up/packing up equipment) unless, where such refreshments cannot be provided, you have notified that to Us at least 48 hours before the Event so that the Entertainer can make other arrangements;
7.6     the children attending the Event are properly supervised at all times by appropriate adults (not including the Entertainer) at a ratio of not less than 1 adult to no more than 15 children;
7.7     if any children attending the Event have special needs which may affect their ability to take part in the Services, You provide Us with full details of such special needs at least 7 calendar days before the Event. You are responsible for ensuring that such children are able to safely attend and engage in the Services;
7.8     neither You nor any other guest or other person at the Event uses or tries to use equipment or other property belonging to Us or the Entertainer without the Entertainer’s express permission. You cannot assume that permission will be given for use by You or any such person of any such equipment for any aspect of the Event other than the Services provided by the Entertainer;
7.9    if any child/ren or You or any other adult(s) at Your Premises negligently cause damage to equipment or other property belonging to Us or the Entertainer, You must reimburse Us for the cost of repairing/replacing the equipment or property up to a maximum total amount of £1,000 for all items.

 

8.         Events Beyond our Reasonable Control

8.1     We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.
8.2    If any event described under sub-Clause 8.1 occurs that does or is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and may suggest an alternative date and time when We can make the Services available. You may, without liability to Us, cancel any Services which We do not provide due to that event, and We will refund in full the Fees that You have paid to Us for the Services.

 

9.         Limitation of Liability

9.1     We hold public liability insurance and take health and safety standards seriously. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of this Agreement or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.
9.2     Products and safe use of their contents as provided by Us as part of the Services specified in the Booking, including but not limited to party bags, will become Your responsibility from the moment We hand them to You. Take home and handmade items, including but not limited to slime, putty and sherbet, will be made under the Entertainer’s supervision during the delivery of the Event. The ingredients of such items will be written on a label fixed to the container. On taking this home from the Event, supervision is required and will be Your responsibility at the end of the Event.
9.3     The safety of children attending the Event is important to Us. All Our activities are fully risk assessed and deemed safe for the children in the specified age range to participate in.
However We nor the Entertainer will be responsible for;
9.3.1     Injuries caused by children attending the Event below the age range (under 5 years) using equipment without adequate parent supervision.
9.3.2     Injuries caused by guests at the Event using or trying to use equipment or other property belonging to Us or the Entertainer without the Entertainer’s express permission.
9.3.3     Injuries caused by guests who disregard safety advice and warnings given by the Entertainer.
9.3.4     Reactions caused by allergies that have not been specified at the time of Booking or at the beginning of the Event.
9.3.4 Adverse effects in epileptic guests or participants with electronic implants, caused by the use of a strobe light, plasma ball or Van de Graaff generator, where existing conditions have not been disclosed at the time of Booking or at the beginning of the Event.
9.4     We provide and sell all Services to You only for Your personal and private use/purposes (for the benefit of You and the child for whom the Event is arranged). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
9.5     Whilst we endeavour to ensure that the form and content of entertainment that We agree to provide will be suitable for and enjoyed by the children at the Event, We are only able to take into account the age range to be catered for if it as communicated to us and confirmed via the Booking Confirmation. Provided that We reasonably endeavour to take into account that information, We will not be responsible or liable if any child at the Event is not content with or does not enjoy the Services.
9.6     Nothing in this Agreement is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
9.7     Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in this Agreement is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
9.7.1     the Consumer Rights Act 2015;
9.7.2     the Regulations;
9.7.3     the Consumer Protection Act 1987; or
9.7.4     any other consumer protection legislation as that legislation is amended from time to time. For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

 

10.         Changes to Terms and Conditions

We may from time to time change the terms and conditions of this Agreement without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

 

11. How We Use Your Personal Information (Data Protection)

11.1     For the purposes of this Clause 11, “personal information” means any personal data or other personal information relating to You or any third party (including personal information relating to children who will attend the Event).
11.2     To the extent that you provide us with any personal information, You warrant that the personal information is accurate and complete and that We will not, by processing that personal information for the sole purpose of administering the Booking and providing the Services, break any applicable law or regulation.
11.3     In so far as administering, arranging the Booking or providing the Services for You involves Us in collecting, using, or holding or otherwise processing any personal information obtained from You which is personal data, We shall only do so with Your express consent and in accordance with any lawful instructions reasonably given by You from time to time, and the provisions of the Data Protection Act 1998 and Your rights under that Act and this Agreement.
11.4     We may use personal information as follows:
11.4.1     to administer or arrange Your Booking and the Services for You or to offer or provide Services to You;
11.4.2     to process Your payment for the Services;
11.4.3     We will not pass on Your personal information to any third parties without first obtaining Your express permission.

 

12.         Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You except where that information is already apparent from the context of the transaction. We have included the information itself either in this Agreement for You to see now, or We will make it available to You before We accept Your offer. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

 

13.        Information

As required by the Regulations:
13.1     all of the information described in Clause 12; and
13.2     any other information which We give to You about any Services or Ourselves and Our business which You take into account when deciding to make a Booking or when making any other decision about Services will be part of the terms of Our contract with You as a Consumer.

 

14.         Complaints and Feedback

We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience as Our client is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about the Services or any other complaint about Us, please raise the matter with Us.

 

15.         Miscellaneous

15.1     If You make the Booking on behalf of a third party, You are responsible to ensure that the person(s) on whose behalf You make the Booking complies with all of the terms and conditions of this Agreement.
15.2     No failure or delay by Us or You in exercising any rights under this Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of this Agreement means that We or You will waive any subsequent breach of the same or any other provision.
15.3     If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.

 

16.         Law and Jurisdiction

16.1     This Agreement and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law.
16.2     Any dispute, controversy, proceedings or claim between You and Us relating to this Agreement (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.