By completing and submitting the Booking Form You accept this Agreement as binding. You are deemed to have read all the pages of this Agreement, the full and exact meaning of which You acknowledge that You understand and accept.
2.1 In this Agreement, unless inconsistent with or otherwise indicated by the context the following words and expressions shall bear the following meanings –
2.1.1 “We”, “Us”, “Our” or “Kickstart” means Kickstart Education Hong Kong, and whose registered address is 6/f 151 hollywood road, Sheung Wan, Hong Kong;
2.1.2 “the/this Agreement” means this Agreement comprising the Booking Form, these Purchase Terms and Conditions and all appendices forming part hereof;
2.1.3 “Affiliates” means any company or entity affiliated with Kickstart, including but not limited to its holding company, subsidiaries and subsidiaries of its holding company;
2.1.4 “Booking Form” means the booking form completed and submitted by You via the Website;
2.1.5 “Business Day” means any day that is not a Saturday, Sunday or Hong Kong public holiday;
2.1.6 “You” or “Yours” means the person identified in the Booking Form submitted via the Website;
2.1.7 “Confidential Information” includes but is not limited to client contact information,
2.1.8 “Force Majeure” means an event beyond the control of the Party concerned (“the Affected Party”), that is not caused by the fault of the Affected Party and could not reasonably have been foreseen by it, that renders the Affected Party unable to perform its obligations in terms of this Agreement and such events shall include, but not be limited to, –
126.96.36.199 fire, flood, storm, lightning or any natural disaster, civil disturbance, explosion, power failure or reduction of power supply, acts, orders or regulations of any governmental or regulatory authority, agency or department, lack or shortage of materials or inability to procure equipment and material;
188.8.131.52 war, invasion, act of a foreign enemy, hostilities (whether war be declared or not), terrorism, civil war, rebellion, revolution, criminal action, theft or vandalism;
184.108.40.206 strikes, lock-outs and labour disputes causing cessation (whether complete or partial) of work, interruption or slow-down of work, whether of the Affected Party concerned or any of its subcontractors;
2.1.9 “Website” our website at www.kickstart-hk.com;
220.127.116.11 “Workshop Date” means the date on which the relevant Selected Course will be conducted, by means of a personal presentation, as set out in the Booking Form; and
2.1.10 “Workshop Venue” means the venue at which the Selected Course will be conducted as set out in the Booking Form.
2.2 The clause headings in this Agreement have been inserted for reference purposes only and shall not affect the interpretation of any provision of this Agreement.
2.3 Words and expressions defined in any sub-clause shall, for the purpose of the clause of which the sub-clause forms part, bear the meaning assigned to such words and expressions in that sub-clause and expressions defined in this Agreement shall bear the same meanings in any annexure hereto which does not contain its own definitions.
2.4 If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to it as if it were a substantive clause in the body of the agreement, notwithstanding that it is only contained in this interpretation clause.
2.5 If any period is referred to in this Agreement by way of reference to a number of days, the days shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which case the day shall be the next succeeding Business Day.
2.6 The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of this Agreement, shall not apply.
2.7 This Agreement shall be governed by and construed and interpreted in accordance with the laws of England and Wales.
7 FORCE MAJEURE
7.1 We will not have any responsibility to You in terms of this Agreement, nor shall We be deemed to be in breach of this Agreement or otherwise liable to You as a result of any delay or failure in the performance of any obligation in terms of this Agreement if and to the extent that such delay or failure is due to any cause reasonably beyond Our control or is caused by a Force Majeure Event.
7.2 If We cannot conduct the Selected Course on the Workshop Date due to any Force Majeure Event or We cannot otherwise perform our obligations to You due to any Force Majeure Event, We will –
7.2.1 as soon as reasonably possible notify You of the nature, extent, effect and likely duration of the circumstances constituting the Force Majeure Event;
7.2.2 use all reasonable endeavours to minimise the effect of the Force Majeure Event on the performance of its obligations under this Agreement; and
7.2.3 as soon as reasonably possible after the Force Majeure Event has ended notify the Client and resume full performance of its obligations under this Agreement.
7.3 If any Force Majeure Event delays or prevents the performance of any of the obligations of Kickstart for a continuous period in excess of 60 (sixty) days, either Party shall be entitled to cancel this Agreement. If any Party elects to cancel this Agreement as aforesaid neither Party shall have any claim whatsoever against the other Party arising out of the cancellation of the Agreement.
7.4 For the avoidance of any doubt it is recorded that the incapacity of Kickstart to act due to Force Majeure Event shall not be construed as a breach of this Agreement.
13 LIMITATION OF LIABILITY AND INDEMNITY
13.1 In no event will Kickstart be liable for any loss, liability, damage, expenses or claims whatsoever and howsoever arising from this Agreement, save for the loss, liability, damage or expense which arises directly from the gross negligence or wilful misconduct of Kickstart.
13.2 You hereby indemnify Kickstart and Our Affiliates, directors, officers, employees, agents and controlling persons (each such person being referred to hereinafter as “Indemnified Party”) from and against any and all losses, claims, damages and liabilities which may arise out of or in connection with Kickstart’s obligations under this Agreement. You hereby agree to reimburse any Indemnified Party for all expenses (legal costs and expenses on an attorney-client scale) as are incurred in connection with the investigation of, preparation for and or defence of, any pending or threatened claim or any action or proceeding arising therefrom.
14 HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
14.1 All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act.
14.2 We may use Your personal information to –
14.2.1 Provide the selected courses;
14.2.2 Process your payment for the selected courses;
14.2.3 Inform you of new products and services available from Us. You may request the We stop sending you this information at any time.
14.2.4 We will not pass on your personal information to nay other third parties without first obtaining your express permission.
15 ADDRESS FOR RECEIPT OF NOTICES
15.1 Any notices and processes in connection with this Agreement may be served –
15.1.1 on Us, at the business address set out on the Website or via electronic mail at the e-mail address set out on the Website; and
15.1.2 on You, at the address set out on the Booking Form or via electronic mail at the e-mail address set out in the Booking Form.
15.2 Any notice given in terms of this Agreement shall be in writing and shall –
15.2.1 if delivered by hand be deemed to have been duly received by the addressee on the date of delivery;
15.2.2 if posted by prepaid registered post be deemed to have been received by the addressee on the 8th (eighth) day following the date of such posting;
15.2.3 if transmitted by electronic mail be deemed to have been received by the addressee on the day following the date of dispatch,
15.3 Notwithstanding anything to the contrary contained or implied in this Agreement, a written notice or communication actually received by one of the Parties from another including by way of facsimile transmission shall be adequate written notice or communication to such Party.
16 CESSION AND ASSIGNMENT
16.1 You may not assign, cede, delegate or transfer any of Your rights or obligations in this Agreement (whether in whole or in part).
16.2 We may assign, cede, delegate or transfer any or all of its rights or obligations in this Agreement without obtaining You consent, on written notice to You.
17.1 No alteration, cancellation, variation of, or addition to this Agreement shall be of any force or effect unless reduced to writing and signed by all Parties to this Agreement or their duly authorised representatives.
17.2 This document, together with the Booking Form contains the entire agreement between the Parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
17.3 Each of the provisions of this Agreement is separate and severable and enforceable accordingly. If any such term or condition is or becomes unenforceable for any reason whatsoever, that term or condition is severable from and shall not affect the validity of any other term or condition contained in this Agreement.
17.4 The expiration, cancellation or other termination of this Agreement shall not affect those provisions of this Agreement which expressly provide that they will operate after such expiration, cancellation or other termination or which of necessity must continue to endure after such expiration, cancellation or other termination, notwithstanding that the relevant clause may not expressly provide for such continuation.
17.5 No indulgence, leniency or extension of time which any Party may give or allow to the other Party in respect of the performance of any obligation hereunder, shall in any way prejudice the Party giving or allowing the indulgence, leniency or extension or preclude such Party from exercising any of its rights an enforcing the obligations of the other Party in terms of this Agreement.