Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the workshops listed on our website www.themangolab.co.uk (our site) to you. Please read these terms and conditions carefully and make sure that you understand them before booking any workshops (the “Workshop”) from our site. You should understand that by booking any Workshop you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please sign/click on the button marked “I Accept” at the end of these terms and conditions if you accept them.
We operate the website www.themangolab.co.uk. We are a partnership, trading as “The Mango Lab”. Our main trading address is 32 Tavistock Street, London WC2E 7PB.
- Our Agreement
A binding agreement to attend a Workshop, subject to these terms and conditions, will be formed when we confirm that you have been accepted onto the Workshop and not when you receive an acknowledgement of your booking if applicable.
By agreeing to these terms you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old. You may book for a person under 18 years old if you are a parent or guardian of that child provided that you notify us in advance and we agree, as some courses may not be suitable for younger students.
If you are under 18 years old, please ask your parent or legal guardian to complete this form.
- The Mango Lab’s Objectives
The Mango Lab’s aim is to always provide the Workshop using reasonable care and skill in compliance with commonly accepted practices and standards and in compliance with relevant and applicable laws and regulations in force at the time we carry out the Workshop.
We aim to, and shall use our reasonable endeavours to carry out the Workshop on the date and times as detailed but we cannot guarantee or provide a firm commitment to that and reserve the right to change the date and/or time. If that happens we will notify you of changes as soon as reasonably practicable and shall endeavour to reschedule the Workshop to another date.
- Workshop Details
The particulars relating to the Workshop are as described on our site, or otherwise as detailed between us separately including course title, date(s) and general content. We endeavour to provide the Workshop according to the description provided, but there may be circumstances in which the content is changed and you acknowledge that the content of the Workshop shall in all cases be subject to our absolute discretion.
Lunch is not provided during the Workshop. You are required to bring your own camera, unless we have agreed to loan you a camera for the Workshop sessions as above. Unless expressly stated above, you are responsible for all print and development fees (which may include for example but not by way of limitation, lab fees, photographic production fees). For workshop(s) conducted on location you are responsible for your own travel arrangements and any applicable admission fees unless otherwise specified. Please refer to our website http://www.themangolab.co.uk for further information about the Workshop.
You are invited to provide further information concerning any special requirements, in order that we may endeavour to make your experience more enjoyable.
- Your Obligations
You must comply with all reasonable instructions and requirements while attending the Workshop including without limitation health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which the Workshop is held.
- Personal Possessions
Personal possessions (including without limitation your photographs) are your sole responsibility and The Mango Lab accepts no responsibility for any loss, damage, theft or otherwise that may occur at its venues at any time, whether during a workshop, exhibition, or otherwise. You are advised to keep valuables with you at all times.
- Intellectual Property Rights and Clearances
“Mango Lab Materials” shall mean any and all materials provided and/or created by The Mango Lab and any and all rights and interest therein, including without limitation photographs and copyright in and to photographs. As between you and The Mango Lab, all intellectual property rights and all other rights in any and all Mango Lab Materials and any and all pre-existing materials shall at all times belong to and shall remain vested in The Mango Lab and neither you nor any other person shall obtain any intellectual property rights or other interest right or title whatsoever in or to any Mango Lab Materials or any part thereof.
You and The Mango Lab hereby acknowledge that you own your photographs and any copyright in them (subject to any third party rights and consents), and you hereby grant to The Mango Lab a non-exclusive licence to use your photographs in any and all media, whether now known or hereafter invented, for publicity and promotion of The Mango Lab and its services including for example but not by way of limitation on The Mango Lab’s website, and in exhibitions held by The Mango Lab. The Mango Lab shall use reasonable endeavours to ensure that you are acknowledged as the author of any of your photographs that The Mango Lab uses or exhibits. Failure to so acknowledge you shall not be a breach of this agreement.
The Mango Lab has the right to exhibit your photographs taken by you at its workshops in any exhibition at which The Mango Lab participates within 12 months from the date of the Workshop and you shall deliver any materials reasonably required by The Mango Lab for such exhibition. The Mango Lab shall not be held liable for loss, theft, damage or otherwise to the photographs as a result of exhibiting. If you and The Mango Lab agree that The Mango Lab is permitted to sell your photographs, all terms of such sale shall be agreed upon by you and The Mango Lab in good faith and shall constitute a separate agreement.
Liability for loss and/or damages of photographs through software and/or human error is hereby excluded.
The Mango Lab cannot be held liable for third party permissions which may be relevant to your use of photographs.
The Mango Lab will obtain permission from location owners to take photographs where a Workshop is held on location for private and personal use and shall advise any restrictions or conditions of which it is expressly made aware. However you shall still be liable for third party permission.
You shall be solely responsible for third party permissions which may be relevant to your use of the photographs. This may include (without limitation) permissions in respect of the following appearing in your photographs: people, trademarks (such as company logos or names), paintings, sculptures, buildings.
We advise all workshop participants to ask before photographing anyone else. However, please be aware that if you are photographed the Mango Lab cannot be held liable for any subsequent use by the photographer of that picture.
- Cancellation and Postponement
You may, at our discretion, defer attendance to the next available date, or transfer to an alternative workshop, subject always to availability. If you defer or transfer then we may charge an administration fee of £25. If there is a difference between the original and deferred or alternative workshop fees, a credit note or invoice (as applicable) shall be provided (but no refund).
In addition, there are certain situations or events which occur which are not within our reasonable control, for example where weather conditions make it impossible or unsafe for us to perform the Workshop. Where this occurs we will normally attempt to recommence performing the Workshop as soon as the situation which has stopped us performing the Workshop has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Workshop.
If we cancel a Workshop we shall where possible give you an option to defer to a later date, or if this is not possible we shall refund the fees you have paid in full.
If for any reason you cancel a Workshop booking we reserve the right to charge the full fee. The above provisions are in addition to your statutory rights.
If you fail to make payment by the date or time we and you agree we may (at our sole discretion) charge you interest (at Bank of England’s base interest rate plus 3%) on any outstanding amounts if those outstanding amounts remain unpaid for more than 30 (thirty) days from the date of our invoice or when we asked you first to pay them and/or we may cancel this Agreement if payment is not made in full prior to the date of the Workshop. If we have agreed payment of the fee in instalments, you shall be liable for the full fee subject to the terms of this Agreement.
Workshop prices and delivery charges are liable to change at any time, but changes will not affect bookings in respect of which we have already sent you a confirmation
For the avoidance of doubt, The Mango Lab’s liability shall not be limited or excluded for any liability the exclusion or limitation of which is prohibited by law and which includes liability for our negligence or negligent omission which causes you personal injury or death. Except as provided for in this Clause 11, we shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract, and our liability shall exclude any such loss or damage that was contributed to and/or caused by your own negligence or lack of care and/or where otherwise expressly stated in this Agreement. We exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureau.
- Personal Data
You agree that, in relation to any personal data provided by or on behalf of you to us, we may use such personal data to: (i) perform our obligations and enforce our rights under this agreement; (ii) inform you about courses, products or services which we believe may be of interest; and (iii) inform you of feedback from workshop. In the event that you do not wish to receive marketing correspondence from us, a written request should be sent to us.
Both parties shall comply with the Data Protection Act 1998 and all related and subordinate data protection laws, enactments, regulations, orders, standards and other similar instruments. You and The Mango Lab shall keep confidential any information of the other which is either marked “confidential” or which it ought reasonably to assume is confidential (“Confidential Information”) and which is disclosed to it by the other party (or the other’s agents) and shall not use the same for purposes other than in relation to the performance of its obligations under this agreement. Confidential Information shall not include information that: (i) is publicly available at the time of its disclosure or becomes publicly available (other than as a result of disclosure by the other party contrary to the terms of this agreement); or (ii) was lawfully in the possession of the other party, free of any restriction as to its use or disclosure prior to its being so disclosed.
- Variations to Terms
We will have the right to amend the terms and conditions of this contract where we need to do so in order to comply with changes in the law or for regulatory reasons. Where we are making any amendment we will give you prior notice (unless the contract is terminated before that period).
If you wish to send us any notice or letter then it needs to be sent to the address noted above and should be marked for the attention of The Mango Lab. If we wish to send you a letter or notice we will use the contact details you have provided to us.
In accordance with Clause 1, this Agreement constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between them relating to its subject matter and no terms or conditions of the customer shall apply in respect of this agreement or its subject matter. No variation of this Agreement shall be effective unless it is expressly agreed by you and The Mango Lab.
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions. This contract shall be governed and construed by the law of England and you and we agree to submit to the exclusive jurisdiction of the courts of England and Wales.