End User Licence Agreement
We are Class Carnet, the trading name of Class Carnet Ltd ("Class Carnet", “we” or “us”). Our services enable individuals and businesses (“Class Organiser(s)”) to offer events and classes (each a “Class”) booking services to their customers and for customers to pay for such services including through the use of this Ticket Widget (i.e. the software application which displays the settings for Classes to you through a frame within the Class Organiser’s website) (our “Services”). The following end user licence agreement (this “EULA”) governs the legal relationship between you and us in relation to your access and use of our Services via our Ticket Widget which may appear within a frame on the Class Organiser’s website or on our website at www.classcarnet.com and accessible from any devices (such as mobile, computer, desktop, console and any other technology and/or any other applications). Please read this EULA carefully.
Acceptance of the EULA: By using our Services, you confirm that you have read and accepted this EULA prior to your use of our Services. You agree that the terms in the EULA: (a) apply from the date on which you first use of our Services; and (b) form a legally binding contract between you and Class Carnet. If you purchase the class by using our Services on behalf of a third party, you accept this EULA on behalf of the third party and should ensure that third party complies with the terms of this EULA. If you are acting on behalf of your organisation, the EULA will be deemed to be binding between your organisation and us. If you disagree with the terms of this EULA you must not use our Services.
Privacy & Cookies Policy: Class Carnet may collect personal information from you as a result of your use of our Services in our Privacy and Cookies Policy (available at: www.classcarnet.com/privacy). The Privacy and Cookies Policy forms part of the EULA and you consent to the collection, use and storage of the personal information as described in our Privacy & Cookies Policy.
Third Parties Terms: You acknowledge that your use of our Services may be subject to the terms and conditions of any third party, for example the Class Organiser’s terms of sales and/or website terms and/or the payment service provider/processer’s terms and your application or device provider’s terms.
Relationship with Class Organiser: You acknowledge that:
(a) Class Carnet is merely a class booking platform provider facilitating class booking(s) between you and Class Organisers and we are not a party for any agreement or arrangement between you and the Class Organiser nor are we responsible for vetting or monitoring Class Organisers using our Services;
(b) we are not responsible for the transaction between you and a Class Organiser, nor provision and/or delivery of any Class (whether or not with monetary value), nor will we be able to cancel or refund your purchase;
(c) we are not responsible for any acts or omissions of the Class Organiser or any third party (including other attendees at Classes) beyond Class Carnet’s control and we are under no obligation to honour classes you have purchased including where there has been an error or a misrepresentation by the Class Organiser; and
(d) if you have any question or complaint relating to any Class you purchase or if you would like to request a change, refund or cancellation of your purchase, you must resolve such issues and seek any refund or compensation directly from your Class Organiser, not with us.
Fees and Payment: You acknowledge that it is the Class Organiser whose responsibility is to set the payment amount for the Class as shown in the Ticket Widget you access, which may be inclusive or exclusive of a booking fee for the Class. The payment options will be displayed on the Ticket Widget (at the election of the Class Organiser) and you must select one option in order to complete your booking of a Class. You acknowledge that as a class booking platform Class Carnet does not act as a payment provider and Class Carnet is never the ‘merchant’ for any Class you purchase, Class Carnet is not a party to any agreement between you and the payment provider/processor and Class Carnet shall not in any circumstances be liable to you for any third party claim or liability relating to the provision of payment provider’s on-line payment services or for any non-payment by you. You acknowledge and accept that you may be charged by the payment service provider/processer in addition to the purchase price of the class you purchase.
Your E-Tickets: Upon completion of the payment of the Class you purchase, you will receive an email confirmation of your booking which will include the “E-Ticket” (meaning the flexible electronic tickets for Classes which are made available after payment using the Ticket Widget) that the Class Organiser will ask you to present when you attend the Class. E-Tickets may be issued for a single class use or multiple class use, depending on the Class package you purchase. You will not be charged by Class Carnet for the Class you purchase via the Ticket Widget. In addition, you acknowledge and agree that:
(a) you are solely responsible for ensuring the information you provided for the booking and the E-Ticket is accurate and that your device is compatible to receive and present the E-Ticket;
(b) you are solely responsible for checking the E-Ticket as soon as you receive it and reporting promptly to the Class Organiser if there is any issue (without delay);
(c) you are solely responsible for ensuring the safe keeping and availability of the E-Ticket issued to you;
(d) if your E-Ticket is corrupted, damaged, lost or unable to be retrieved by any reason, you must contact the Class Organiser (not us) to arrange a re-issuance of the E-Ticket; and
(e) you may not resell or otherwise offer your E-Tickets for resale to any person or otherwise use your E-Tickets for any commercial purpose.
Intellectual Property Rights: “Class Carnet” (word) and all other names, logos, icons and marks identifying Class Carnet and its Services are trade marks of Class Carnet. Class Carnet owns (or has a licence to use) all intellectual property in the Ticket Widget and in our website (including contents of our website) and our Services (“Class Carnet IP”). All rights are reserved in Class Carnet IP. By using our Services, you do not acquire any intellectual property rights in Class Carnet IP.
Your Representations and Warranties: You represent and warrant to Class Carnet that:
(a) You have the full power and authority to enter into this Contract as an individual and/or on behalf of your organisation (in the case that you use the App on behalf of your organisation) and your entry into and performance under the EULA will not infringe the rights of any third party or cause it to be in breach of any obligations to a third party;
(b) if you use the App as an individual, you are over 18 years old;
(c) your use of our Services will be in accordance with the EULA and with all applicable laws, rules and regulations of the United Kingdom and any other relevant jurisdictions;
(d) the information you provide to Class Carnet is true, accurate and up-to-date and you will update such information when necessary.
Termination: Class Carnet may in its absolute discretion, at any time with immediate effect, terminate or suspend your use of our Services for any reason (including if you do not comply with the terms of any of the provisions of the EULA) and if Class Carnet decides to terminate, suspend or refuse to allow your use of our Services, share or publish your name and email address and notify third parties (including any Class Organiser).
Limitations and Exclusions of Liability:
(a) Nothing in the terms of this EULA shall exclude or restrict Class Carnet’s liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation or for any other liability that Class Carnet cannot exclude or limit under any applicable law. Nothing in the terms of the EULA shall affect the statutory rights, if any, determined to be applicable to dealing with you as a consumer.
(b) Subject to Paragraph 10(a), Class Carnet may be liable to you for any direct loss you suffer as a result Class Carnet breaching its obligations under the EULA if such losses were reasonably foreseeable to you and Class Carnet when you commenced using our Services. Otherwise, Class Carnet excludes liability (whether arising in contract, tort or otherwise and whether or not due to its negligence) to you or third party for direct, incidental, special, or exemplary loss or damage arising out of or relating to the access or use or the inability to access or use our Services or any portion thereof, even if Class Carnet has been advised the possibility of such damages or losses, including but not limited to loss of profits; loss of revenue, loss of anticipated savings; loss of business opportunity; loss of goodwill; loss or corruption of data; loss or damage to your devices, software or other proprietary materials due to you use of the Services.
(c) Subject to paragraph 10(a) the total liability of Class Carnet to you, whether in contract, tort (including negligence) or otherwise and whether in connection with this EULA or any collateral contract, shall in no circumstances exceed a sum equal to £50.
(d) Class Carnet does not represent or warrant that access or use of our Services will be uninterrupted, error free, virus free, accurate, up-to date or, complete or reliable. Class Carnet will not be liable to you if for any reason the Services are unavailable at any time or for any period. Access to or use of our Services may be suspended temporarily and without notice at any time. Class Carnet may also need to modify or maintain the Services (including the Ticket Widget) at any time. If this need arises, Class Carnet may suspend access or use to the Services or any part of it or close it indefinitely.
(e) Except the warranties provided under the EULA, all other warranties, representations, conditions, terms, undertakings and obligations which might would be implied or incorporated by any collateral agreement, statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
(f) You acknowledge that the limitations and exclusions contained in the EULA are reasonable in light of the fact that the Services is made available to you without charge by Class Carnet.
Cooling off Period: By using our Services, you agree to waive the 14 day “cooling off” period (during which you may return a purchased item) provided by the Consumer Contracts Regulations 2013 and all other similar legislation anywhere in the world, due to the fact that the Services are delivered and accessed in a digital format and immediately. This does not affect your other statutory rights.
General Terms: (a) Changes to EULA: Class Carnet may change the terms in EULA from time to time via a suitable notice to you. The changes will apply to the use of our Services after Class Carnet has given notice. If you do not wish to accept a term in the new EULA you should cease to use any of our Services. If you continue to use our Services after the date on which the change comes into effect, you will be deemed to accept to be bound by the new EULA; (b) Dealing in rights and obligations: You may not transfer, assign or novate any of your rights or obligations under this EULA to any other person. Class Carnet reserves the right to transfer or assign its rights and obligations, in whole or in part, to any person (without your consent); (c) Waiver of remedies: If Class Carnet fail to or decide not to enforce the provisions of this EULA or pursue any remedy available to it, this does not prejudice or restrict its rights to do so in the future; (d) Entire agreement: This EULA is subject to other Class Carnet’s terms and any other terms which are applicable to you as a result of your use of our Services. Otherwise, this EULA supersedes all prior agreements arrangements and understandings between you and us and constitutes the entire agreement between you and us relating to the subject matter hereof; (e) No Reliance: You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty (express or implied) made or given by or on behalf of us that is not set out in the EULA; and (f) Third Parties: No third party will be conferred any rights by virtue of this EULA and the Contracts (Rights of Third Parties) Act 1999.
Governing Law and Jurisdiction: This EULA, and any dispute (and non-contractual obligations) arising out of or in connection with this EULA, shall be governed by and construed in accordance with the laws of England and Wales. Any dispute which may arise between the parties concerning this EULA shall be determined by the English Courts and the parties hereby submit to the exclusive jurisdiction of the English Courts.
Complaints and Disputes: Please contact us immediately using the contact details below if you: (a) have any questions, complaints, claims or concerns about content in relation to our Services or to us generally; or (b) believe that any act or omission by Class Carnet or one of its users is in breach of applicable law. Class Carnet will then consider your concerns and decide whether or not to take action. Class Carnet will endeavour to inform you of the outcome of any review where possible. You must cooperate and provide any reasonable assistance required by us. If you are located in the European Union, please also find the EU online dispute resolution platform website available at http://ec.europa.eu/consumers/odr/ for further information.
Contact details: Class Carnet Ltd is a private limited company incorporated in England and Wales with company number 07960241 with its registered office at 2 Carmarthen Place, London, SE1 3TS United Kingdom. You can contact us by email at email@example.com
Date Published: 18 March 2016 Version 1.0