Terms and Conditions - Trainings
All terms and conditions outlined below apply to all registrations onto our in person or online courses.
1. Eligibility
You (as "Student", "Registrant") must be 18 years of age or older to participate in any of Element Beauty Clinic ("We", "Our")'s courses. You will need sufficient fluency in the language in which the In Person or Online Course is presented.
2. Payment / Registration
The tuition for any of our Courses (the “Fee”) must be paid in full no later than one week before the start of the course. A non-refundable and non-transferrable $1000 retainer is required upon registration. This will be used towards the student kit and any other materials needed for the course. Registration is not complete until Element Beauty Clinic has received the full retainer. You are responsible for non-payment, even if the Fee is being paid by a third party. After successful registration, you will receive an e-mail from Element Beauty Clinic acknowledging your enrollment in the Course.
Courses will be billed in United States Dollars (USD). Accepted payment methods are MasterCard, Visa, American Express, Zelle, Venmo, Cash App, Afterpay, Sezzle and/or Cherry.
You agree to provide accurate and complete registration information. Submission of your registration, alongside full payment of the retainer constitute your acceptance of these Terms and Conditions.
3. Cancellations and Refunds
Cancellation by you
Your right to cancel your contract with Element Beauty Clinic and obtain a refund depends on the nature of the course that you have paid for. However, retainers are non-refundable.
You must inform Element Beauty Clinic of any cancellations no later than 2 weeks prior to the start of the course.
To exercise your cancellation rights as set out above, please inform us in writing, either by email to the academy@elementbeautyclinic.com or by mail to: Element Beauty Clinic, 33 SW 2nd Ave Suite 604, Miami, FL 33130, United States. Please write the name of your Course in the subject-line of your email or on the envelope. You may use the cancellation form provided below if you wish, but you are not obliged to do so.
To: Element Beauty Clinic:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract/for the provision of the following service [INSERT COURSE DETAILS]
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
[*] Delete as appropriate
If you cancel your registration for a Course at any time after the periods described above, you will not be entitled to a refund, except in exceptional circumstances, which will be entirely at the discretion of Element Beauty Clinic. If a refund is granted to you, an administration fee may be charged.
To request such cancellation, please inform us in writing, either by email to the academy@elementbeautyclinic.com or by mail in to: Element Beauty Clinic, 33 SW 2nd Ave Suite 604, Miami, FL 33130, United States. Please write the name of your course in the subject-line of your email or on the envelope.
Cancellation by us
Element Beauty Clinic reserves the right to cancel any Course by giving you notice in writing (including by email) at any time before the course is due to start. Element Beauty Clinic will refund all fees paid by you and if possible, will offer a transfer to another course as an alternative, subject to payment or refund of any difference in purchase price.
Element Beauty Clinic’s liability when it cancels a Course will be limited to a refund of the Fee or any other charges paid for the cancelled Course. For partial cancellation of any Course, such refunds will be made on a proportionate basis. All dates are subject to change, however notice of such change will be given and refunds will not be issued for any rescheduled class.
Please call us at 305-965-3371 to arrange your refund under this paragraph 3. You should allow up to 6 weeks for the credit to appear on your credit card statement.
4. Course Content
The course description is intended to indicate only the general nature of the course and does not guarantee content. Element Beauty Clinic reserves the right to amend the course and alter details at its discretion.
Element Beauty Clinic is not responsible if you fail to meet the Course requirements and you should ensure that you allocate sufficient time to allow you to successfully complete the Course. Refunds are only available as set out in paragraph 3 above.
5. Student Conduct
By continuing to access or use the Course and the website, or any content located in the Course and/or on the Website, you signify your acceptance of the below terms. Element Beauty Clinic may modify these terms and conditions from time to time.
Element Beauty Clinic grants you a limited license to access and use the content located in the Course and/or on the Website in connection with the Course you are enrolled in. As a condition of such license, you agree that:
•All materials – including but not limited to text, photographs, video, audio, images and any other content – appearing in the Course and/or on the Website are protected by copyrights and/or other proprietary rights belonging to Element Beauty Clinic’s and/or other third parties. You agree to abide by all applicable laws regarding copyrights, trademarks, publicity rights and privacy rights in the US, UK and any other jurisdiction from which you are accessing the Website.
•You may not copy, reproduce, duplicate, distribute, disseminate, publish, post, display, perform, modify, create derivative works from, upload to, transmit, or in any way exploit any content from any Course, Online Course and/or on the Website. You may not sell or offer for sale any of the content, or allow third parties to access it, or use such content to construct any kind of database. You may use the content from any Course, Online Course and/or on the Website only for personal, non-commercial use.
•Any violation of these terms may result in your expulsion from the Course, Online Course and/or Element Beauty Clinic's website, and you may be subjected to fines and penalties.
You agree to maintain the security of any user name and password required for accessing the Online Course and/or website. You will notify us promptly if you become aware of any unauthorized use of your username and/or password.
The Company makes no claim that the Courses and/or Online Course content is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United States. Access to the Courses and/or Online Course may not be legal by certain persons or in certain countries. When accessing the Courses and/or Online Course and/or the Website, you are responsible for compliance with the laws of your jurisdiction.
Element Beauty Clinic reserves the right to remove you from the Courses and/or Online Course and/or the Website if you do not respect these guidelines, Element Beauty Clinic's staff and/or fellow students.
6. Data Protection
By registering with Element Beauty Clinic and by paying the fees, you agree to Element Beauty Clinic collecting and using your personal data. This will be done in accordance with the Data Protection Act 1998 and Element Beauty Clinic’s Privacy Policy, available at https://elementbeautyclinic.com/pages/privacy-policy.
7. Technology Requirements
The Online Course is facilitated through an online learning management system. It is your responsibility to ensure that you have the proper hardware and software requirements, along with access to Wi-Fi, to be able to participate in the course. You will need to ensure you have the proper technology at the time of registration as will be provided with the registration details
Element Beauty Clinic is not be responsible for any errors or failures in relation to your ability to access the Online Course, the Website or any related materials, including where such errors or failures are caused by: (i) a loss of connection on Element Beauty Clinic's or your end; (ii) a breakdown or problems with the online software and/or (iii) a breakdown or problems with your internet connection, computer or system.
8. Miscellaneous
Your contract with Element Beauty Clinic and any dispute arising from it (including non-contractual disputes) shall be governed by and enforced pursuant to the laws of the State of Florida, without regard to conflicts of law. The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of, relating to, or in connection with these Terms and Conditions or the breach, termination, interpretation or validity thereof (the “Dispute”) shall be submitted for mediation administered in accordance with the American Arbitration Association’s International Center for Dispute Resolution or its successor (“ICDR”), in accordance with its Mediation Rules. If the Dispute, or any portion of the Dispute, is not settled within 60 days from the date when mediation is initiated, then, except in the circumstances specified below, the Dispute shall be submitted for binding arbitration administered by ICDR in accordance with its International Arbitration Rules. The arbitration shall be final and binding on all parties involved. Judgment upon the award may be entered by, and enforcement of the award may be sought in any court having jurisdiction over the relevant party or its assets. The arbitration and any proceedings conducted hereunder shall be governed by applicable Florida law, Title 9 (Arbitration) of the United States Code and by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (the “Convention”). The place of any mediation or arbitration shall be Miami, FL, and the language of any mediation or arbitration shall be English. Despite these provisions, we may bring proceedings against you in any court having jurisdiction over the matter, in the event that you fail to make payment to us in full cleared funds when due, or you or assets belonging to you are located in a jurisdiction that is not a signatory to the Convention. If we bring court proceedings against you, the Dispute shall be resolved in such proceedings, neither of us shall have the right to arbitrate any portion of the Dispute. WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY.
Should a situation arise that is not covered by these Terms and Conditions, Element Beauty Clinic reserves the right to take any reasonable and fair action that we think appropriate
Should you have any queries on the terms and conditions, please contact our support team on academy@elementbeautyclinic.com