Terms Conditions - YallaCook

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Terms Conditions - YallaCook

Terms and Conditions

This agreement applies as between you, the User of this Website and YALLACOOK LTD of 39b Bridge Street, Walton on Thames KT121AF (“YALLACOOK”, “we”, “us”, “our”), the owner of www.yallacook.co.uk (this “Website”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

 

  1. Intellectual Property
    • All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of YALLACOOK, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
    • You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by YALLACOOK.

 

  1. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of YALLACOOK or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

 

  1. Privacy
    • For the purposes of applicable data protection legislation, YALLACOOK will process any personal data you have provided to us in accordance with our Privacy Policy available on the YALLACOOK website or on request from YALLACOOK.
    • You agree that, if you have provided YALLACOOK with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to YALLACOOK and (2) that you have brought to the attention of any such third party the Privacy Policy available on the YALLACOOK’s website or otherwise provided a copy of it to the third party.
    • You agree to indemnify YALLACOOK in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

 

  1. Disclaimers
    • YALLACOOK makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
    • No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

 

  1. Availability of the Website
    • The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
    • YALLACOOK accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

  1. Limitation of Liability
    • To the maximum extent permitted by law, YALLACOOK accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
    • Nothing in these terms and conditions excludes or restricts YALLACOOK’s liability for death or personal injury resulting from any negligence or fraud on the part of YALLACOOK.
    • Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

 

  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

  1. Notices

All notices / communications shall be given to us by email to info@yallacook.co.uk. Such notice will be deemed received, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

  1. Law and Jurisdiction

These terms and conditions and the relationship between you and YALLACOOK shall be governed by and construed in accordance with the Law of England and Wales and YALLACOOK and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 

 

Terms of Service

These Terms of Service (the “Terms”) constitute a legal agreement between you and YALLACOOK LTD of 39b Bridge Street, Walton on Thames, KT12 1AF (“YALLACOOK”, “we”, “us”, “our”) and you the user (“you”) governing the use of the services whether booked through YALLACOOK website www.yallacook.co.uk or another method (hereinafter the “Services”).

 

  1. General Conditions
    • We reserve the right to refuse service to anyone for any reason at any time.
    • Prices for our Services are subject to change without notice.
    • We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
    • We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
    • We reserve the right, but are not obligated, to limit the sales of our Services to any person. We may exercise this right on a case-by-case basis.
    • We do not warrant that the quality of any products, services, information purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

  1. Bookings on the Website
    • To complete a booking, you first have to place an Order for the Service. Then, this booking has to be accepted by us.
    • To make a booking you must be 18 years of age or over and you will have to select the Services on the Site, select your preferred date and time and, if you like, other optional services, and finally click on the “CONFIRM” button.
    • When you make a booking through the Site you will receive an automated email confirming receipt of your booking request. The Booking Receipt email contains full details of your booking. Please note the Booking Receipt email is NOT already an acceptance of your booking.
    • When your Booking is accepted by us, we send you an email confirming your booking (“Booking Confirmation email”).
    • Once you receive the Booking Confirmation email, your booking has been finally accepted by us and the Service contract between you and us is concluded in relation to the Services actually provided. Such a contract is composed by: your booking request; our Booking Receipt and Booking Confirmation emails; the then current Terms of Service shall apply.

 

  1. Bookings
    • Bookings for our Services must be made in writing via the www.yallacook.co.uk and through the timely tool, or in exceptional circumstances via e-mail or other means.
    • Your booking request is a binding offer. A contract is only concluded when we accept your booking request. The booking will be confirmed in writing.
    • Description of the Services. A description of the Services together with the dates on which the Services are available on our website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website. We expect you to confirm that the Services you are purchasing will meet your needs.
    • We reserve the right to vary or withdraw any of the Service described on the Website without notice.
    • All prices that are advertised on our website are correct at the time of booking. However, YALLACOOK reserves the right and discretion to change our prices at any time. Please check our website for up-to-date prices before you book. Any fees charged by your debit or credit card provider in connection with your purchase of a Service are for your own account and YALLACOOK shall not be responsible for these.

 

  1. When bookings are not accepted
    • While we do our best to always accept bookings, we could however refuse a bookings in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information; we discover that there was an error on our Site relating to the Services you booked, for example as regards the price or description displayed; the Services you ordered are unfortunately no longer available; We have reasonable grounds to believe that you intend to resell the Services.
    • If we cannot accept your booking, we will contact you by email as soon as possible but in any case no later than 7 days from the date of your booking. If we cannot accept your booking because the Services are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such booking.

 

  1. Chargebacks or Section 75 CCA 1974 Claims

You agree to contact YALLACOOK prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through YALLACOOK, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

 

  1. Our Classes
    • Our class descriptions are solely intended to serve as a reference to course content. We reserve the right to make changes. If you have any problems or questions about a class, please contact us before booking.
    • Only paying participants are permitted to be on our premises whilst classes are in progress or are permitted to view and/or hear online cooking classes.
    • Online Classes. If you book an online cooking class, we will send an ingredients list, equipment list, and preparation guidelines to the email address you provide while booking. You are responsible for paying for and ensuring you have the ingredients and equipment required to participate in the online cooking class. We are not liable to provide any refunds, exchanges, reschedule an online class, pay for the cost of ingredients or equipment, or be liable in any other way to you if you are unable to fulfil those requirements. Equally, it is your responsibility to ensure you have the technical capability (such as software and internet speed) to attend that class. We are not liable to provide any refunds, exchanges, reschedule an online class, provide technical support, or liable in any other way to you if you are unable to attend or participate fully in an online cooking class due to any technical issues.
    • We ask you to arrive at least ten minutes before your class’s scheduled start time, whether this is arriving in person for an in-person cooking class or connecting online for an online cooking class. Due to the importance of starting and continuing the class on time for all participants and conducting a detailed health and safety briefing at the beginning of the class, we cannot allow persons who arrive after the scheduled start time to attend their scheduled cooking class. No refunds will be given to late arrivals as per our cancellation and rescheduling policy below.
    • Dress code. Please dress comfortably, with simple shoes that protect your toes, your hair tied back, and little jewellery when required.
    • Please notify us if you have any food allergies; it is your obligation to notify us of any allergies or intolerances. We cannot be held liable for any problems that arise as a result of not being advised in advance. Ingredients may include shellfish, soy, fish, egg, dairy, wheat, and other allergens. You must inform us of any dietary requirements and allergies that you and any other participants have at the time of booking and confirm those when you arrive for your cooking class. Where a person attends in replacement of another person, you must notify us in advance. We will provide you with a work area that does not have the ingredients you are allergic to; however, whether you attend an in-person class or online class, you are ultimately also responsible for avoiding allergens and ensuring your guests avoid allergens.
    • Allergy and Dietary Requirements. You alone are responsible, and we accept no responsibility for ensuring that allergy and dietary requirements are looked after for anyone who consumes any food you take home from a cookery class.
    • Infection Control. If you were sick during the previous 48 hours of your class, you wouldn’t be allowed to come. Considering that infections may spread via food and close contact, this is done to safeguard all of our clients and employees. Please note that our cancellation and rescheduling policy (below) will still apply if you are unwell as per those terms and conditions below; therefore, we suggest that you send someone in your place (as explained below).
    • Your Conduct. You may be refused admission or asked to leave a class if we suspect you’re drinking alcohol or using something illegal, are unwell, or are engaging in inappropriate behaviour. No refunds or rescheduling will be offered in those circumstances.
    • Hygiene and Safety. You shall adhere to all of our safety and hygiene guidelines. You understand, however, that although we will make recommendations for your health and safety, particularly in an online course, it is not always feasible for us to do so. You acknowledge that there is some risk involved in taking a cooking class and that you are responsible for your safety and health.
    • Food Safety. You alone are responsible for ensuring ingredients you purchase before an online cooking class is suitable for your own health needs and safely transported, stored, and (if applicable) prepared. You shall adhere to all of our guidelines for the preparation, shipping, storage, reheating, cooking, and consumption of meals after your lesson.
    • YALLACOOK is an alcohol and a pork free environment.
    • Images and Recordings. During your lesson, you and your visitors may be captured on camera and/or on film. Your identity, as well as any images or recordings of you that they may have, may be used by YALLACOOK and its related businesses. They may also cut, edit, and otherwise modify the materials as required, in our cookery schools, on our website, on social media channels associated with YALLACOOK, or in our marketing and promotions. Please review our Privacy Policy for more information if you have any questions about how we utilize your personal information.
    • We do not allow clients to film or capture video footage during any of our sessions since it interferes with the class’s operation. Customers are welcome to take still images to document their day, but they must be considerate of the privacy and enjoyment of other participants.
    • Any participant in a cooking class is welcome to send another person in their place as long as you inform us by calling or emailing us at least 1 business day prior to the class of that person’s name, allergies, dietary requirements, and any other special requirements (for example, access needs), and that person has read and consented to our Private Policy and Terms & Conditions.

 

  1. Cancellation Policy
    • Bookings are made on a first come, first served basis when full payment is received. We apologise that there will be no refunds. Booking changes are permitted up to 14 days before the class date. If you will be unable to attend a class fewer than 14 days before the scheduled date, you may send another individual in your place.
    • If you have been unable to attend classes due to inclement weather, sickness, or perhaps other personal situations, our booking and cancellation policy will remain in effect; nevertheless, at our professional judgment, we will offer other dates for a replacement class at short notice (Late Availability Scheme). We cannot guarantee that the alternate dates will be for the same class or even the same day of the week.
    • In the unfortunate and uncommon event that a class must be cancelled, we will always endeavour to provide you with as much in advance notice as possible. Classes scheduled at any other time or cancelled for any reason beyond YallaCook Ltd.’s control will be provided an alternate course or a refund. We shall not be responsible for any additional expenditures or fees that you may spend.
    • If a booking is to be rescheduled a) due to a Force Majeure Event; or b) our unavailability; then we agree to reschedule a booking at the earliest possible mutually convenient date and time.
    • Notwithstanding the foregoing, we have sole discretion to determine whether to reschedule a booking or to refund you.
    • If you fail to show up within 15 minutes of the commencement of a booking or fail to nominate a substitute as set out above, we will charge a cancellation fee equal to the value of the booking.

 

  1. Accuracy of Billing Information

You agree to provide current, complete and accurate purchase information for all bookings made with us. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

  1. Errors, Inaccuracies and Omissions
    • Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel bookings if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your booking).
    • We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

 

  1. Disclaimer of Warranties; Limitation of Liability
    • We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.
    • We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
    • You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Services at any time, without notice to you.
    • You expressly agree that your use of, or inability to use the Service is at your sole risk. The service and all and Services delivered to you is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    • You will indemnify and hold us and our employees harmless from all claims, damages, liabilities and causes of action which may arise as a result of:

 

  • your preparation, storage, re-heating and consumption of food after your class.
  • any loss of personal property whilst on our premises.
  • any injuries or damages you sustain or, or that your guest or anyone affiliated with or connected with you, may sustain in connection with or resulting directly or indirectly from your or your guest’s, or affiliated or connected person’s, involvement in our cooking classes.

 

  • Our liability to you shall not exceed the total price charged for any classes you have paid for.
  • Nothing in these terms and conditions excludes or restricts YALLACOOK’s liability for death or personal injury resulting from any negligence or fraud on the part of YALLACOOK.

 

  1. Termination
    • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
    • These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services.
    • If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

  1. Severability
    • In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

  1. Entire Agreement
    • The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
    • These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

 

  1. Governing Laws

These terms and the relationship between you and us shall be governed by the laws of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction over any dispute.

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