1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions for Provision of Services ("Terms"):
"YUZU CONSULTING" or “We” or “Our” or “Us” means the owner of the website, YUZU CONSULTING.
"Activity Day" means a whole day, up to a maximum of 24 hours, non-residential event.
"Activity Week" means a series of up to seven consecutive Activity Days
“Confirmation Email” means the email confirmation of the Event provided to you by YUZU CONSULTING including the detail of the arrangements agreed between you and YUZU CONSULTING for the Event such as number of Guests attending, location and any specific information about the Event required for YUZU CONSULTING to provide the Services
"Contract" means the agreement between the Client and YUZU CONSULTING for the supply of the Services and consisting of the documents referred to in clause 1.5 below
"Event" means either an Activity Day, an Activity Week, Corporate or Private Workshop, Lesson, Training, Party or Event"Guest" means any guest attending an Event, “Guests” shall be construed accordingly
"Event Location" means the location of the Event as set out in the Confirmation Email
“In Loco Parentis” means any period of time during an Activity Day during which YUZU CONSULTING agrees to take charge of one or more Children and neither You nor any of Your representatives are present
"Party" means a one-off event with an agreed number of attendees as set out in the Confirmation Email
"Price" means the price for the Services set out in the Confirmation Email and any Third Party Costs reasonably incurred by YUZU CONSULTING for the purposes of the Event
"Services" means the services agreed to be provided by YUZU CONSULTING at any Event as set out in the Confirmation Email or in relation to any activity in which YUZU CONSULTING is In Loco Parentis
“Third Party Costs” means any third party expenses reasonably incurred by YUZU CONSULTING in relation to an Event.
"You" means the natural or legal person engaging YUZU CONSULTING to perform the Services, as (and "Your" shall be construed accordingly)
1.2 Clause headings shall not affect the interpretation of these Terms; the singular includes the plural and vice versa.
1.3 Any provision of these Terms which is invalid or unenforceable for any purpose shall be removed from these Terms for that purpose but shall otherwise remain valid and enforceable and shall not affect the validity of the remainder of the Contract.
1.4 Payments will be deemed made to YUZU CONSULTING when they have been credited to YUZU CONSULTING's account in cleared funds.
1.5 The Contract comprises these Terms and the details Confirmation Email.
1.6 If there is any inconsistency, the order of priority of the Contract documents shall be (i) Confirmation Email (ii) Terms; variations of the Contract are effective only if agreed in writing by authorised representatives of the parties and will then prevail over these Terms.
2 FORMATION OF CONTRACT AND RIGHTS TO VARY OR CANCEL
2.1 You shall agree all details of Your booking with YUZU CONSULTING via email in advance of the booking. A legally binding contract shall be formed between you and YUZU CONSULTING in accordance with these terms when (i) YUZU CONSULTING has sent you the Confirmation Email AND (ii) you have paid the Price or part thereof as a deposit in accordance with the Confirmation Email OR (iii) YUZU CONSULTING has sent the Confirmation Email and incurred any Third Party Costs on Your behalf in preparation for the Event (YUZU CONSULTING will use reasonable endeavours to notify you before incurring any such costs).
2.2 No representations made by YUZU CONSULTING's employees, agents or contractors will apply to the Contract unless they are confirmed in writing. In entering into the Contract You acknowledge that You have not relied on any such representations unless they have been confirmed to you in writing by an authorised representative of YUZU CONSULTING.
2.3 You are responsible for ensuring the accuracy of any information provided to us via email and for giving YUZU CONSULTING any necessary information sufficiently in advance of an Event to enable YUZU CONSULTING to perform the Contract.
2.4 YUZU CONSULTING reserves the right to make any changes to Services if necessary to comply with any applicable law, regulation or safety requirement and to vary the Price by a fair and reasonable amount to take account of the variation. YUZU CONSULTING will inform You of any such variation and of its effect, if any, on the Price, as soon as reasonably practicable.
2.5 Bookings are non-refundable.
2.6 Bookings can be re-scheduled, a minimum of thirty (30) days notice in writing to YUZU CONSULTING is required, subject to availability. Subject to clause 2.8, if You re-schedule:
2.6.1 more than thirty (30) days before the Event, YUZU CONSULTING may charge You any reasonable and non-refundable costs incurred by YUZU CONSULTING (such as non-refundable Event Location or other booking fees or deposits).
2.7 Notwithstanding clauses 2.5 and 2.6, you shall reimburse YUZU CONSULTING for any reasonable and non-refundable costs (including Third Party Costs) incurred by YUZU CONSULTING on Your behalf prior to the time of postponement of the Contract.
2.8 If You are engaging YUZU CONSULTING for non-business related purposes and you have not concluded the contract with YUZU CONSULTING in person at our offices, the Consumer Contract Regulations 2013 apply to this contract as a distance contract or an off-premises contract; this means you have the right to cancel the Contract within fourteen working days of receiving YUZU CONSULTING's Confirmation Email. You can cancel Your instructions by contacting us by post or by email.
2.9 If YUZU CONSULTING cancels the Contract other than under clause 10, it will repay all monies received from You.
2.10 If You wish to make an amendment to Your booking once YUZU CONSULTING have confirmed it to you via email, you should request the amendment in writing and YUZU CONSULTING will within a reasonable time let You know:
2.10.1 whether it considers that amendment is reasonably practicable in all the circumstances; and if so
2.10.2 whether it affects the Price or any other terms or requirements relating to the Services. If YUZU CONSULTING considers in its sole discretion that any amendment would jeopardise the safety of any Guest or is otherwise unsuitable for any other reason it may refuse to accept that amendment and in that case You may cancel the Contract under clause 2.5.
2.11 When You receive any information from YUZU CONSULTING under clause 2.10 You shall have a reasonable period to confirm Your agreement to the change to the Confirmation Email and the Price. YUZU CONSULTING may delay performance of the Services or any part of them until it has received Your written confirmation that You wish either to proceed or not to proceed with the requested amendments.
3. PRICE
YUZU CONSULTING reserves the right to increase the Price before any Event to reflect any change requested by You including but not limited to the date of the Event, the numbers of attendees or any specifications for the Services, or to take account of any delay caused by You or any failure by You to perform Your obligations in the Contract or by Your failure to give YUZU CONSULTING adequate information or instructions or by factors beyond our reasonable control such as supplier price increases.
4. PAYMENT TERMS
4.1 Unless otherwise stated in the Confirmation Email, You must pay the Price in full to confirm bookings.
4.2 You must not make any withholding, deduction, set-off, counterclaim or cross demand against an invoice other than in respect of a genuine dispute that You have brought to our attention in writing (in which you have set out all reasonable details) before the due date for payment. In that case You will pay the full amount not in dispute.
4.3 Time of payment is of the essence of every Contract.
4.4 If You are engaging us for business-related purposes, YUZU CONSULTING may (without limiting its remedies) charge You for YUZU CONSULTING's costs of collection and (as well after as before judgment) a sum equal to any loss suffered by YUZU CONSULTING arising from that delay as well as interest on that sum and on the amount overdue at the same rate as would apply were the debt a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998 calculated from the date payment fell due until the date of actual payment (or such lesser amount as is the maximum rate permissible by law) and YUZU CONSULTING may cancel the Contract and any other contracts with You.
4.5 If You fail to pay the Price (or any instalment of the Price) when due YUZU CONSULTING may suspend the Services (including delaying planning for the Event and purchasing of any goods or services required for the Event). If such delay causes a delay in the date of or cancellation of the Event, You shall remain liable to pay the Price and the time for performance of the Services will be extended to take account of the delay. In any event You shall pay YUZU CONSULTING any increased costs incurred by YUZU CONSULTING as a result of that delay and YUZU CONSULTING may alter its payment and credit terms under the Contract as it considers appropriate.
5. PROVISION OF SERVICES
5.1 YUZU CONSULTING shall use all reasonable endeavours to provide the Services in accordance with the Contract and shall perform the Services with all reasonable skill, care and diligence.
5.2 YUZU CONSULTING shall:
5.2.1 ensure that all staff engaged by it in the provision of the Services have been interviewed by YUZU CONSULTING, have a valid and up to date Disclosure and Barring Service check;
5.2.2 use reasonable endeavours to ensure all staff are suitably qualified and trained to carry out the Services;
5.2.3 comply with all legislation regarding the Services and shall maintain the correct ratio of adults to children (when applicable) for the Event in question.
5.3 If You are providing the Event Location, You shall:
5.3.1 grant YUZU CONSULTING all reasonable access to the Event Location at times reasonably requested by YUZU CONSULTING to enable YUZU CONSULTING to assess the suitability of the Event Location and to prepare for and perform the Services;
5.3.2 ensure that the Event Location fully complies with the descriptions and terms set out in the Confirmation Email and are suitable and safe for the purposes of the Event; and
5.3.3 advise YUZU CONSULTING without delay of any changes to the Event Location prior to the date of the Event.
5.4 If in YUZU CONSULTING's reasonable opinion the Event Location requested or provided by You is not suitable for the Event in question for any reason, it may require an alternative Event Location to be provided at Your expense or it may cancel the Contract by notice in writing to You (and in that event it shall repay all monies paid by You other than non-refundable booking fees or deposits paid to third parties incurred by YUZU CONSULTING in relation to the Services).
6 SAFETY AND SECURITY OF Guests ATTENDING EVENTS
6.1 You shall ensure that YUZU CONSULTING receive all Relevant Information in respect of each Guest attending any Activity Day, Activity Week and Event and YUZU CONSULTING reserves the right to refuse or restrict access to any such Event to any Guest for whom it believes complete and accurate Relevant Information has not been provided. You shall immediately inform YUZU CONSULTING of any changes to the Relevant Information or of any additional Relevant Information (including details of allergies, illnesses, medical conditions or other specific requirements relating to the Guest) of which you become aware leading up to or on the day of the Event
6.2 You shall ensure that any child attending a Party who is under the age of four (4) years old is accompanied by an adult (over the age of 18 years old) at all times. Other children may attend a Party without an adult.
6.3 YUZU CONSULTING shall only be required to provide Services in respect of the number of guests and for the times specified in the Confirmation Email.
6.4.1 You will inform YUZU CONSULTING not later than 48 hours before a Party of any allergies, illnesses or medical conditions affecting any guest expected to attend the Party of which you are or ought reasonably to be aware.
6.4.2 In case You display a temperature over 38°C/100°F before the class/event starts you will not be admitted. The booking will be cancelled and therefore will be deemed non-refundable and non-transferable to a different class date.
6.5 You will arrange prompt collection of the children attending any Event at the time notified to you and YUZU CONSULTING may charge You for its reasonable costs (including without limitation staff costs and travel expenses) related to supervising the Child after the time notified to you.
6.6 Except to the extent YUZU CONSULTING have agreed to be In Loco Parentis it is Your responsibility to ensure the Child and all children attending a Party are appropriately supervised at all times. YUZU CONSULTING may charge You for the costs of any damage to property of any person caused by Your breach of this clause and YUZU CONSULTING may charge you for the costs of providing supervision for any Child or children where you are in breach of this term.
6.7 It is Your responsibility to ensure that the Guest (and, in the case of a Party, all guests attending the Party) complies with all reasonable instructions from YUZU CONSULTING's employees to ensure the safety of all attendees and other persons present and any other requirements. This applies even if YUZU CONSULTING is In Loco Parentis. YUZU CONSULTING may suspend the Event or the Guest’s (or any other guest’s) participation in the Event if You are in breach of this clause (and shall remain entitled to the Price in such circumstances).
6.8 You shall ensure that YUZU CONSULTING has up to date and accurate contact details for You (and, if You are engaging YUZU CONSULTING for business-related purposes, up to date and accurate contact details for an appropriate authorised representative of Your organisation) at all times during the Contract.
6.9 You acknowledge and agree that YUZU CONSULTING may take video and photographic footage of Guests attending any Event and that appropriate footage which does not compromise the safety or security of any Guest may be used by YUZU CONSULTING for the purposes of promotion and marketing including websites, social media channels operated by YUZU CONSULTING and any other marketing tools.
6.10 You acknowledge and agree that YUZU CONSULTING's employees may administer basic first aid (including paracetamol, plasters and antiseptic cream) to the Guest or to guests attending an Event. You shall inform YUZU CONSULTING not later than 48 hours prior to the Event of any allergies or other medical conditions not specified as part of the Relevant Information which may affect the Guest's ability to participate in any Event or of which YUZU CONSULTING ought reasonably to be aware.
6.11 If the behaviour of the Guest at an Activity Day, Activity Week or Event is in YUZU CONSULTING's opinion unacceptable for any reason, or if in YUZU CONSULTING's reasonable opinion it is not appropriate for the Guest to continue the Event for any reason (whether by reason of illness, injury or otherwise at YUZU CONSULTING's sole discretion). Where this is a child You shall at YUZU CONSULTING's request promptly collect the Child from the Event Location. YUZU CONSULTING may exclude the Child from any activities until he or she has been collected if in YUZU CONSULTING's opinion such exclusion is necessary for the safety of the Child or any other child or is otherwise in the Child's best interests.
6.12 If the behaviour of any guest attending a Party is in YUZU CONSULTING's opinion unacceptable for any reason, You will at YUZU CONSULTING's request remove or procure the removal of the guest in question and YUZU CONSULTING may suspend the Party without liability until the guest in question has been removed.
6.13 The Price shall remain payable in full in any of the circumstances described in clauses 6.11 and 6.12. In addition, if You (or Your authorised representative) are un-contactable for more than two (2) hours You will pay YUZU CONSULTING's reasonable costs (including without limitation staff costs and travel expenses) related to caring for the Guest.
6.14 Safety and security of Guests attending any food related Events
6.14.1 You will arrive at least 10 minutes ahead of the scheduled start time of Your Events. Due to the importance of starting and continuing the Event on time for all Guests, and conducting a detailed health and safety briefing at the beginning of the Event, YUZU CONSULTING cannot allow Guests who arrive after the scheduled start time to attend their scheduled Event. No refunds will be given to late arrivals as per YUZU CONSULTING’s cancellation and rescheduling policy below.
6.14.2 You will wear practical clothing, including flat shoes that cover Your toes, a minimal amount of jewelry and hair tied back where necessary.
6.14.3 You will follow all hygiene and safety procedures that YUZU CONSULTING inform You about. You acknowledge, however, that whilst YUZU CONSULTING will suggest health and safety measures, it is impossible for us to safeguard Your health and safety at all times and You are ultimately responsible for Your own health and safety.
6.14.4 Following the Event, You will follow all YUZU CONSULTING’s instructions for the preparation, transportation, storage, reheating, cooking and consumption of meals.
7 DATA PROTECTION
7.1 YUZU CONSULTING shall process all personal data relating to You and the Guest and other individuals in accordance with the General Data Protection Regulation 2016 and the Data Protection Bill 2018 ("the Data Protection Legislation").
7.2 You hereby consent to the processing of any personal data (including Sensitive Personal Data as defined in the Data Protection Legislation) relating to the Guest for the purposes required for the performance of the Services in accordance with these Terms. In particular, but without limitation, You consent to the processing (including gathering, storing and use) by YUZU CONSULTING and third parties engaged by YUZU CONSULTING in the performance of the Services of medical details relating to the Guest for the purposes of protecting the health and safety of the Guest at any Event.
7.3 YUZU CONSULTING will process personal data, sensitive personal data and personal data relating to Guests in accordance with its privacy policy which is available on request. YUZU CONSULTING will not disclose personal data about You or any Guest to any third party except as necessary for the performance of the Services or to comply with overriding statutory obligations.
7.4 If You are engaging YUZU CONSULTING for business-related purposes, You warrant that any personal data which You provide to us, whether relating to You or to the Guest or otherwise, may be processed by YUZU CONSULTING for the purposes of performance of the Services and You undertake to indemnify us against any cost, claim, damage or expense which YUZU CONSULTING incur in relation to any claim by a data subject (as defined in the Data Protection Legislation) that such processing was in contravention of their statutory rights, except to the extent if any that such claim relates to any breach by us of this clause 7.4.
8 INSURANCE
You acknowledge that all risks related to the Event, except for the risk of physical injury to person or damage to property directly caused by YUZU CONSULTING's negligence, are borne by You and You are advised to insure accordingly. You acknowledge that the Price reflects this balance of risk. Your attention is further drawn to the limitations of YUZU CONSULTING's liability in clause 9 below.
9 LIMITATIONS OF LIABILITY
9.1 Nothing in these Terms shall limit or exclude any liability of YUZU CONSULTING which may not be limited or excluded by law, including without limitation liability for death or personal injury caused by YUZU CONSULTING's negligence or for fraud or fraudulent misrepresentation.
9.2 Subject to clause 9.1, YUZU CONSULTING shall have no liability (whether arising under contract, tort or for breach of statutory duty or otherwise) to the extent that such liability would not have arisen but for Your breach of the Contract.
9.3 Subject to clause 9.1, You agree that by entering into the Contract you acknowledge YUZU CONSULTING's level of expertise and that by participating in the Services the Guest may suffer injury, loss or damage. You acknowledge that You have voluntarily assumed the risk of such injury, loss or damage and You therefore waive any claim for such loss or damage against YUZU CONSULTING and/or its employees, agents and contractors.
9.4 Subject to clause 9.1, YUZU CONSULTING's aggregate liability for all claims in relation to the Contract (whether in contract, tort or for breach of statutory duty or otherwise) shall not exceed the Price paid by You.
9.5 Subject to clause 9.1, YUZU CONSULTING shall not be liable for any loss which is or which represents disappointment, injury to feelings, loss of reputation, third party liability, loss of anticipated benefit, loss of profit or management time.
9.6 Subject to clause 9.1, YUZU CONSULTING shall not be liable for any third party service providers engaged by YUZU CONSULTING as agents on Your behalf.
9.7 YUZU CONSULTING shall not be liable for any failure to perform any or all of its obligations under the Contract by reason of any severe weather, fire, flood or other act of God, armed conflict, civil unrest, industrial action, order of public authority, the non-availability or failure of any telecommunications or computer services, systems, equipment or software operated or provided by You or any third party or any cause whatsoever beyond its control. In such circumstances YUZU CONSULTING, without prejudice to the accrued rights and remedies of each party, may terminate the Contract without liability for such termination and shall refund the Price less any non-refundable deposits, booking fees or other charges incurred by it at the date of such termination for the purposes of the Services.
9.8 You will indemnify and hold us and YUZU CONSULTING’s employees harmless from all claims, damages, liabilities and causes of action which may arise as a result of:
9.8.1 Your preparation, storage, re-heating and consumption of food after the Event.
9.8.2 any loss of personal property whilst on Event Locations.
9.8.3 YUZU CONSULTING does not represent or warrant that any files obtained from or through YUZU CONSULTING’s website or a linked website are free from computer viruses or other defects. YUZU CONSULTING does not accept any liability for the presence of computer viruses or other defects. YUZU CONSULTING does not warrant that YUZU CONSULTING’s website or any content will be available uninterrupted or error free or that defects will be corrected.
10 TERMINATION OF THE CONTRACT
10.1 YUZU CONSULTING may at any time terminate the Contract forthwith by written notice including email to You if You fail to pay to YUZU CONSULTING any sum when due or if You fail to comply with any safety requirement or obligation set out in these Terms and do not remedy any breach within a reasonable time of notice from YUZU CONSULTING to do so.
10.2 Either party may terminate the Contract forthwith by written notice to the other if the other party is or is deemed to be, insolvent or steps are taken to:
10.2.1 propose any composition, scheme or arrangement involving the other party and its creditors; or
10.2.2 obtain an administration order or appoint any administrative or other receiver or manager of the party or any of its property or otherwise enforce any security over the party's property, or repossess its assets; or
10.2.3 file a petition in bankruptcy or to wind up or dissolve the party, or sequestrate its estate or outside England anything corresponding to any of the above occurs.
10.3 If the Contract is terminated, YUZU CONSULTING (without prejudice to its other rights but subject to any relevant mandatory laws) may do any of the following:
10.3.1 declare immediately payable (and so interest-bearing under clause 4.4) any sums due to it by You, proceed against You for the same and/or damages, and appropriate any payment by You as represents sums due under the Contract;
10.3.2 suspend further performance of any Contract and/or any credit granted to You on any account.
10.4 Termination of the Contract shall not affect the accrued rights of You and YUZU CONSULTING under the Contract.
11 GENERAL
11.1 You acknowledge that all intellectual property rights in and relating to the Services (including but not limited to trade marks, copyright, design rights, logos, all course documentation, materials, recipes and passwords) shall remain the sole property of YUZU CONSULTING and may not be copied or distributed by You. All content and materials are for authorised personal use only. Unauthorised use and sharing are strictly prohibited. You must not attempt in any way to record the Event without prior written consent from YUZU CONSULTING.
11.2 No previous waiver of any breach of the Contract shall constitute any waiver of any right or remedy.
11.3 The Contract may not be assigned by either party without the written consent of the other party.
11.4 Clauses 1, 2.5, 2.7, 4.4, 4.5, 9, 10 and this clause 11 shall survive termination of the Contract.
11.5 A person who is not a party to the Contract has no right under the Contract (Rights of Third Parties) Act 1999 to enforce the Contract but this does not affect any right or remedy of a third party which is available apart from that Act.
11.6 The Contract shall be governed and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England.