Terms & Conditions

25–Feb–18

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WELCOME TO THE SCHOOL OF MAKEUP AND HAIR WEBSITE (THE "SITE")

TERMS AND CONDITIONS

The School of Makeup and Hair ("TSOMAH") is a teaching institution established in 2017 by World of Workshops, for imparting quality education and providing access to top-notch faculties (“Faculty”) in the field of hair and makeup.

Student Terms and Conditions (“Student T&C”)

By registering for courses which TSOMAH offers and supplies from time to time (“Courses”) for students (“Students”), the Students agree to be bound by TSOMAH’s terms and conditions (“T&Cs”). Please read the T&Cs carefully before applying for any Course. TSOMAH’s T&Cs are as follows:

1) Policy on Admission: Each Course has limited seats and is open to applications from all people. However, any person’s admission as a Student to any Course shall exclusively be a subject of TSOMAH’s discretion.
2) Admission Fees: Each Course shall be subject to an admission fees payable to TSOMAH (“Fees”) in such form and manner as may be determined by Ms. Khushbu Mehta (“Khushbu”), the founding member of the World of Workshops.
3) Makeup and Equipment Library: During any Course, the Students shall only use the makeup and equipment provided by TSOMAH (“Library”), other than upon the express directions of TSOMAH. For more details on the contents of TSOMAH’s Library, click here. If any Student causes any damage to the Library and/or the property/premises where the Course is being conducted, such Student shall be liable to replace the damaged article at their own cost.
4) Conduct and Etiquette: During any Course, the Students are required to comply with the written or oral instructions of TSOMAH’s staff in respect of the manner in which they are required to maintain their personal conduct and etiquette on the premises where the classes of the Course are conducted. TSOMAH has zero tolerance to any behaviour that may be considered obscene, discriminatory or aggressive or may amount to harassment of any kind. TSOMAH or the Faculty may at their discretion require any Student to leave the premises of the Course if they behave in such a way, and upon such occurrence, the Students shall not be entitled to continue the Course or obtain a refund of the Fees.
5) Policy on Refund: Any Fees paid by the Students in respect of a Course shall not be subject to a refund. However, TSOMAH shall process a refund to the Students under the following special circumstances:
a) Student’s Discretion: TSOMAH understands that a Student may not always be satisfied with any Course on offer. Within a period of 7 (seven) days from the commencement of a Course, if a Student expresses their discontent in any Course to TSOMAH, TSOMAH shall attempt to resolve such discontent at the earliest. However, despite such attempts, if the Student does not wish to continue with the Course, they shall be entitled to a 100% refund of the Fees.
b) Force Majeure: If (i) the Students cannot continue to partake in; or (ii) TSOMAH cannot continue to offer the Course due to any reason/disruption that is beyond the reasonable control of both the parties and consequently, the Course is cancelled; the Students shall be entitled to a refund for such number of classes of the Course, as are so cancelled. Provided that such reason/disruption shall not extend for a period of 30 days.
c) Inappropriate Behaviour: Any act of physical assault on a Student by TSOMAH’s staff or the Faculty shall entitle the Student to a 100% refund of the Fees.
d) Medical or Other Exigency: If a Student cannot continue the course due to any personal or familial medical or other exigency, such Student shall be entitled to a refund for the remainder of the Course, subject to sufficient proof being furnished to TSOMAH.
Please note that all refunds shall be processed within 7 (seven) working days from the date on which TSOMAH conveys to a Student in writing that they are entitled to a refund.
6) Replacement of Faculty: For any reason whatsoever, if the Faculty cannot continue to impart the Course to the Students, TSOMAH shall be responsible to arrange a replacement faculty, with market reputation at par or better than the Faculty. If any Student is dissatisfied with the change in Faculty, they shall have a right to discontinue the Course and shall be entitled to a refund for the remainder of the Course.


Faculty Terms and Conditions (“Faculty T&Cs”)
By agreeing to be an in-house or visiting teacher for the Students at TSOMAH, the Faculty agrees to be bound by TSOMAH’s T&Cs. Please read the T&Cs carefully before agreeing to teach any Course. TSOMAH’s T&Cs are as follows:
1) Professional Charges: The Faculty shall be payable a fixed sum of money for his service by TSOMAH (“Professional Charges”), which sum and the payment schedule thereof shall be mutually decided between TSOMAH and the Faculty. The Faculty shall not be entitled to receive any monies or enter into any profit sharing arrangement outside of the Professional Charges.
2) Conduct and Etiquette: During any Course, the Faculty is required to comply with the written or oral instructions of TSOMAH’s staff in respect of the manner in which they are required to maintain their personal conduct and etiquette on the premises where the classes of the Course are conducted. TSOMAH has zero tolerance to any behaviour that may be considered obscene, discriminatory or aggressive or may amount to harassment of any kind. TSOMAH may at their discretion require any Faculty to leave the premises of the Course if they behave in such a way, and upon such occurrence, the Faculty shall not be entitled to continue to impart the Course or any part of his unpaid Professional Charges shall be forfeited by TSOMAH.
3) Freedom to Appoint Assistants: The Faculty shall have the liberty to appoint assistants to assist them for imparting the Course (“Assistants”). All T&Cs shall be applicable to the Assistants in the same manner as they are applicable to the Faculty. However, it shall be the duty of the Faculty to ensure that the Assistant performs their duties up to the mark. TSOMAH shall not be held accountable for failure of an Assistant to perform their duties up to the mark in a Course, unless such Assistant was appointed for the Faculty by TSOMAH.

TSOMAH’S Rights
TSOMAH shall be entitled to a refund of the Professional Charges from the Faculty upon the occurrence of the following:
1) There is a fraud, intentional concealment or misrepresentation of a material fact by the Faculty in respect of the Faculty’s character;
2) The Faculty misbehaves with, outrages the modesty of or assaults any Student or staff of TSOMAH;
3) The Faculty abandons the Course being imparted by them, without reasonable cause or prior written consent from TSOMAH; or
4) Breach of any of the terms and conditions set out in the Faculty T&Cs.

TSOMAH shall be entitled to a refund of the Fees from the Students upon the occurrence of the following:
1) A Student misbehaves with, outrages the modesty of or assaults the Faculty or staff of TSOMAH; or
2) Breach of any of the terms and conditions set out in the Student T&Cs.

Dispute Resolution

Any dispute arising out of the arrangement between TSOMAH and the Faculty and/or the Students (“Disputing Party(ies)”) shall be resolved amicably within 30 (thirty) days from when the dispute first arose. If TSOMAH and the Disputing Party(ies) are unable to resolve such a dispute amicably, they shall refer to and settle the dispute by arbitration, with seat and venue in Mumbai, India, in accordance with the (Indian) Arbitration and Conciliation Act, 1996, as may be amended from time to time and for the time being in force. TSOMAH and the Disputing Party(ies) shall agree on a sole arbitrator within a period of 30 (Thirty) days. However, if the they fail to agree on a sole arbitrator then, TSOMAH shall nominate 1 (one) arbitrator on the one hand and the Disputing Party(ies) on the other hand shall nominate 1 (one) arbitrator. The 2 (two) arbitrators thus appointed shall nominate the third presiding arbitrator, who shall act as chairman. If a party does not nominate an arbitrator within 15 (fifteen) days of the dispute being referred to arbitration, then the arbitrator shall be appointed as per the provisions of the (Indian) Arbitration and Conciliation Act, 1996.
The arbitral award shall be reasoned and substantiated in writing and the arbitral tribunal shall also have the right to decide on the costs of arbitration proceedings. The arbitral award shall be final and binding on TSOMAH and the Disputing Party(ies), and enforceable against them. However, nothing shall preclude a party from seeking interim or injunctive relief, or both. The pursuit of interim or injunctive relief shall not be a waiver of the rights of the parties to pursue any other remedy or relief through arbitration.
Governing Law

TSOMAH’s T&Cs shall be governed by, interpreted and construed in accordance with laws of India, and the courts in Mumbai, India, shall have the exclusive jurisdiction for any disputes arising under these T&Cs.

Amendment in the T&Cs

TSOMAH reserves the right to amend the foregoing T&Cs from time to time at its own discretion.
T&Cs to supersede all other Agreements
Notwithstanding anything to the contrary contained elsewhere, in case of a conflict between the terms and conditions contained in these T&Cs and/or any other written or oral agreement entered into by TSOMAH, Khushbu or any other staff members of TSOMAH with the Students or the Faculty, the provisions of the T&Cs shall prevail.