Terms of Service of Booking

TERMS AND CONDITIONS OF SUPPLY OF SERVICES

Between

S&DF Events Ltd, incorporated under the Companies Act (Company Number SC880669) and having our registered office at 1/2 West Nile Street, Glasgow, G1 2QH ("S&DF Events Ltd" “Song & Dance Factory” or “we” or “us”)

And

You, the Client, whose details are more clearly set out in the 'Confirmation of Booking Email' referred to in Clause 1 below (“Client” or “you”).

Our telephone number is 0141 404 1444,and our email address is info@songanddancefactory.com. S&DF Events Ltd's main business is children’s entertainment and in particular as providers of children’s parties (“Party” or “Parties”).

These terms and conditions (“Terms of Supply”) will apply to any Party and/or event booked from S&DF Events Ltd. By booking Services from S&DF Events Ltd you agree to be bound by these Terms of Supply. Please read them carefully before placing an order with S&DF Events Ltd. If you are not willing to be bound by them you should not book the Party from S&DF Events Ltd.

1. THE SERVICES

The Party is as described on the Confirmation of Booking Email you have been sent, which will form part of the contract between us. S&DF Events Ltd makes every effort to describe the Party accurately on the Confirmation of Booking Email and agrees to provide the Party with all the care and skill to be expected of a qualified and competent contractor experienced in undertaking services of the same kind as the Party. It is your sole responsibility prior to booking any Party from us is to read the Confirmation of Booking Email for the Party booked by you in order to ensure that what you have booked is suitable for your purposes. In particular you acknowledge and agree that by entering into this contract with us that you do not rely on any statement, representation, assurance or warranty that is not set out in these Terms of Supply. Any representation, condition or warranty which might implied or incorporated into these Terms of Supply by statute, common law or otherwise is excluded to the fullest extent permitted by law.

2. PRICES AND PAYMENT

The Price for the Party is specified on the Confirmation of Booking Email . Our prices are quoted inclusive of VAT. A deposit as set out in the Confirmation of Booking Email will be paid by you at the time of the booking. Payment of the deposit should be made either by cheque or by credit card or debit card. Song & Dance Factory Ltd also accept payments by BACS. Unless otherwise provided for in terms of Clauses 3.2 or 4 below the deposit is non-refundable. The balancing payment is to be made to S&DF Events Ltd one week in advance of your Party as set out in the Confirmation of Booking Email . Failure to pay either the deposit or the balancing payment timeously may mean that the Party may be cancelled. For the avoidance of doubt the balancing period will be payable whether or not the Party proceeds unless it has been cancelled in accordance with the provisions of Clauses 3.2 or 4 hereof.

3. ACCEPTANCE OF AN ORDER

3.1 By placing a booking with us you acknowledge the applicability of these Terms of Supply. Your name and Party date should be quoted in all correspondence to us. These Terms of Supply will be binding on you and a contract will come into effect between us upon our written acceptance of the booking issued to you by email (“the Confirmation of Booking Email ”). Please note we are not bound by any contract until we have received the deposit from you and provided you with our Confirmation of Booking Email . This means we have accepted your booking and issued the Confirmation of Booking Email.

3.2 If you have already paid for the Party and we are unable to supply them for whatever reason due to fault on our part without being able to offer you a suitable alternative we will notify you and refund you the full amount paid (including deposit) as soon as possible.

3.3 The contract between you and us comprises of the Confirmation of Booking Email and and these Terms of Supply (together known as the “Contract”). In the event of any conflict between them, the Confirmation of Booking Email shall take precedence.

4. YOUR RIGHT TO CANCEL

4.1 As a consumer purchasing services from us you have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel this Contract within 14 days after the day on which you receive the Confirmation of Booking Email (“the Cancellation Period”). For the purposes of this Contract a consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. If during the Cancellation Period you intend to cancel the Contract, you can notify us of your decision and receive a refund. If required you can also obtain legal advice on your right to cancel the Contract from your local Trading Standards Office or Citizens Advice Bureau.

4.2 If you wish to cancel the Contract in exercise of your rights under Clause 4.1 above you can cancel by calling 0141 404 1444 and emailing us at info@songanddancefactory.com - If emailing, then your cancellation is effective from the date you send the email and we acknowledge receipt. If emailing, please quote your name and Party date as referred to in Clause 3 on your notice of cancellation.

4.3. If you decide to cancel the Contract in accordance with Clauses 4.1 and 4.2 above we will refund you the deposit you paid for the Party without undue delay and in any event no later than 14 days after our receipt of a properly served cancellation email or written notice from you. Refunds will be made to you on the credit or debit card used by you to pay for the Services or by cheque if payment is made that way. For the avoidance of doubt no other payments will be due by you.

4.4 In addition to the rights contained in clauses 4.1, 4.2 and 4.3 hereof you may cancel a booking at any time outwith the Cancellation Period but prior to delivery or performance of the service ie prior to the Party date, by emailing us at info@songanddancefactory.com or by phone. However all sums due in respect of the Party will still be payable. In the event that the cancellation is due to an emergency or illness or some other cause completely outside your control we may at our sole discretion waive our entitlement to either all or part of the balancing payment.

4.5 In the event that any Booking made by you is to be delivered within 14 days of the Confirmation you hereby acknowledge that by booking the Party you are expressly agreeing to the Party taking place within the Cancellation Period and acknowledge that you have no right to cancellation after the date of the Party. In the event that you cancel the booking prior to the Party date you agree that we may deduct 50% of the total cost (including VAT) of the party to represent reasonable costs which may include but is not restricted to administration and sub-contractor costs in respect of the booking or the deposit set out in the Confirmation of Booking Email whichever is higher.

5. LIABILITY

5.1 Nothing in this contract excludes or limits or attempts to exclude or limit the liability of either party for death or personal injury caused as a result of negligence or for fraudulent misrepresentation.

5.2 Subject to the foregoing S&DF Events Ltd will be under no liability to you whatsoever (whether in contract, delict (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct or indirect consequential loss (all three of which terms include without limitation pure economic loss, loss of profits, loss of opportunity, loss of goodwill and like loss) howsoever caused.

5.3 Subject to clauses 5.1 and 5.2 S&DF Events Ltd's aggregate liability under this Contract (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) will be limited to the amount paid for the Party.

5.4 Without prejudice to the foregoing S&DF Events Ltd have no liability for loss or damage to any personal property including money and valuables brought on to the premises by any child or their parents where the party is being hosted it being up to the parents of any child attending the Party to ensure that they are responsible for such items.

5.5 In order to ensure a safe environment for all participants at the Party it is your responsibility to ensure that all parents or guardians of children attending the Party make their children aware that they should follow the reasonable instructions of S&DF Events Ltd personnel attending the Party in relation to acceptable levels of behaviour by the children and to ensure that the safety of other participants at the Party is not endangered. S&DF Events Ltd shall not be liable for any loss or damage occasioned as a consequence of the failure of any participant to follow such reasonable instructions.

6. FORCE MAJEURE

Neither party will be liable to the other for any failure or delay or for the consequences of any failure or delay in performance of this Agreement if it is due to any event beyond the reasonable control and contemplation of a party to this Contract including without limitation acts of god, war, industrial disputes, protests, fire, flood, heavy snow forcing transport networks to be disrupted, storm, tempest, epidemics, explosion, acts of terrorism and national emergencies, such as a pandemic, war or any other unforscene event outwith our reasonible control.

7. DATA PROTECTION

We respect your privacy and therefore all information that we hold concerning you and your child/children including booking and other information provided by you where it comprises of personal data will be held and processed by S&DF Events Ltd strictly in accordance with our obligations under the Data Protection Act 1998 as amended from time to time. Such information will be subject to our privacy policy and will be used by us to administer our relationship with you as a client. We will not without your consent supply your name and address or any other personal details to any third parties except where (1) such transfer is a necessary part of the activities that we undertake or (2) we are required to by operation of law. By accepting these Terms of Supply you also agree to be bound by our privacy policy a copy of which appears on our website.

As photographic images are also personal data as specified in the Data Protection Act we will not use any images, photos or videos which include your child without your prior verbal consent.

8. ASSIGNMENT

We may assign our rights and obligations under these Terms of Supply to any other person including sub-contracting the delivery of any Services. If there is such an assignment or sub-contract we will notify you in writing or by email. Where the Services are sub-contracted we warrant that any Sub-Contractor will be approved by us and will be demonstrably capable of providing the Services to the same standard as us.

9. ENTIRE AGREEMENT

The Contract constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of the contract.

10. SEVERABILITY

To the extent that any clause or part of a clause of these Terms of Supply is found to be invalid or unenforceable such clause or part of a clause shall be deemed to be deleted and the remainder of these Terms of Supply shall remain in full force and effect.

11. NON-WAIVER OF RIGHTS

The failure to exercise a right or remedy provided by the Terms of Supply or by law does not constitute a waiver of the right or the remedy nor does it mean that we will forfeit any future rights or remedies.

12. COMPLAINTS

All complaints by you in relation to the Party shall be emailed to info@songanddancefactory.com and the parties shall use their reasonable endeavours to resolve complaints so notified as soon as practicable. If they fail to do so within 14 days and it escalates into a dispute the parties shall try to agree on and implement a method of dispute resolution. If they fail to agree such method within 14 days, the parties confirm that the dispute will then become subject to the exclusive jurisdiction of the Scottish Courts.

13. GOVERNING LAW

These Terms of Supply shall be governed by and construed in accordance with the law of Scotland and each party irrevocably agrees that the Scottish Courts shall have exclusive jurisdiction in relation to any claim or dispute or difference concerning the Contract and any matter arising therefrom.