THIS AGREEMENT governs the disclosure of information by and between ASH KUMAR GROUP OF COMPANIES AND said Student.
1. Definition of Confidential Information. As used herein, "Confidential Information" shall mean any and all technical and non-technical information related to provided by either party to the other, including but not limited to (a) patent(s) and patent applications, (b) trade secret, and (c) copyrighted information (d) proprietary information-- ideas, techniques, sketches, drawings, works of authorship, models, inventions, know-how, processes, apparatuses, equipment, algorithms, software programs, software source documents, and formulae related to the current, future, and proposed products and services of each of the parties, and including, without limitation, their respective information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing, manufacturing, customer lists, investors, employees, business and contractual relationships, business forecasts, sales and merchandising, marketing plans and information the disclosing party provides regarding third parties.
2. Identification of Confidential Information. If the Confidential Information is embodied in tangible material (including without limitation, software, hardware, drawings, graphs, charts, disks, tapes, prototypes and samples), it shall be labeled as "Confidential" or bear a similar legend. If the Confidential Information is disclosed orally or visually, it shall be identified as such at the time of disclosure.
3. Exceptions to Confidential Information. Each party's obligations under this Agreement with respect to any portion of the other party's Confidential Information shall terminate when the party to whom Confidential Information was disclosed (the "Recipient") can document that: (a) it was in the public domain at the time it was communicated to the Recipient by the other party; (b) it entered the public domain subsequent to the time it was communicated to the Recipient by the other party through no fault of the Recipient; (c) it was in the Recipient's possession free of any obligation of confidence at the time it was communicated to the Recipient by the other party; (d) it was rightfully communicated to the Recipient free of any obligation of confidence subsequent to the time it was communicated to the Recipient by the other party; (e) it was developed by employees or agents of the Recipient independently of and without reference to any information communicated to the Recipient by the other party; (f) it was communicated by the other party to an unaffiliated third party free of any obligation of confidence; (g) the communication was in response to a valid order by a court or other governmental body, was otherwise required by law, or was necessary to establish the rights of either party under this Agreement; or (h) it was not legended as Confidential Information of the disclosing party and if disclosed orally or visually, it was not identified as Confidential Information of the disclosing party at the time of such communication .
4. Handling of Confidential Information. Each party agrees that at all times and notwithstanding any termination or expiration of this Agreement it will hold in strict confidence and not disclose to any third party Confidential Information of the other, except as approved in writing by the other party to this Agreement, and will use the Confidential Information for no purpose other than THE AK BRAND, HEAD OFFICE, PRODUCTS AND ACADEMY with the other party to this Agreement. Each party shall only permit access to Confidential Information of the other party to those of its employees or authorized representatives having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein.
5. Residual Knowledge. Recipient may enhance its knowledge and experience retained in intangible form in the unaided memories of its directors, employees/contractors and advisors as a result of viewing Discloser’s Confidential Information. So long as Recipient complies with Section 4 of this Agreement, Recipient may develop, disclose, market, transfer and/or use such knowledge, experience and intellectual property that may be generally similar to Discloser’s Confidential Information, and Discloser shall not have any rights in such knowledge, experience or intellectual property nor any rights to compensation related to the Recipient use of such knowledge, experience or intellectual property, nor any rights in Recipient’s business endeavors.
6. Term and Termination. This Agreement shall terminate FIVE (5) year(s) after the Effective Date. The Recipient's obligations under this Agreement shall survive termination of the Agreement between the parties and shall be binding upon the Recipient's heirs, successors and assigns for a period of five (5) years. Upon termination or expiration of the Agreement, or upon written request of the other party, each party shall promptly return to the other all documents and other tangible materials representing the other's Confidential Information and all copies thereof.
The receiving party agrees - not to make, use, or sell the disclosed information without first entering into an agreement with AK
7. Warranties. Each party represents and warrants to the other party that (i) it has the requisite corporate authority to enter into and perform this Agreement, (ii) this Agreement constitutes its legally binding obligation, enforceable in accordance with its terms, and (iii) its execution and performance under this Agreement, including its disclosure of Confidential Information to the Recipient, will not result in a breach of any obligation to any third party or infringe or otherwise violate any third party’s rights.
8. No Export. Neither party shall export, directly or indirectly, any technical data acquired from the other pursuant to this Agreement or any product utilizing any such data to any country for which the U.K. Government or any agency thereof at the time of export requires an export license or other governmental approval without first obtaining such license or approval.
9. No Reverse Engineering. Each of the parties agrees that the software programs of the other party contain valuable confidential information and each party agrees it will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Confidential Information of the other party without the prior written consent of the other party.
10. No Grant of Rights. The parties recognize and agree that nothing contained in this Agreement shall be construed as granting any property rights, by license or otherwise, to any Confidential Information of the other party disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right that has issued or that may issue, based on such Confidential Information. Neither party shall make, have made, use or sell for any purpose any product or other item using, incorporating or derived from any Confidential Information of the other party.
11. Equitable Remedies. Recipient acknowledges that Recipient’s breach of this Agreement may cause irreparable harm to Discloser for which Discloser is entitled to seek injunctive or other equitable relief as well as monetary damages.
12. Miscellaneous. Neither party shall transfer or assign this Agreement to any other person or entity, whether by operation of law or otherwise, without the prior written consent of the other. Any such attempted assignment shall be void and of no effect. This Agreement shall be governed by, enforced under, and construed and interpreted in accordance with, the laws of the USA, Canada and UK without reference to conflict of laws principles. Each party agrees consents to venue and personal jurisdiction in the USA, Canada and UK. The AK Brand is registered and lawfully set up in the UK. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law. Neither party will assign or transfer any rights or obligations under this Agreement, including by operation of law, without the prior written consent of the other party. The Agreement is the complete and exclusive agreement regarding the disclosure of Confidential Information between the parties, and replace any prior oral or written communications between the parties regarding Confidential Information. This Agreement may be signed in multiple copies, each of which shall constitute the same instrument. Once completely executed, any reproduction of this Agreement made by reliable means shall be considered an original.
By registering for the course and paying depoist you are agreeing to the above.
All deposits are strictly non refundable.
No refund will be paid in the event of non-attendance for any reason (example, personal reasons, illness, change of heart, illness or death in the family, relocation, pregnancy, change in personal circumstances, failure to secure funds for final balance, failure to obtain proper travel document etc.)
Transfer (1 months notice)
In the event that a student is unable to attend the course that they are registered on. The student can make only one change of date onto a future course (this is subject to availability) provided we are given 1 month written notice prior to the course start date. Student is subject to the paying the current price of the course and all special offer and promotions may not be applicable.
DOES NOT APPLY TO ONLINE HENNA ACADEMY
Transfer (Less than 1 months notice)
No transfers, changes or cancellations can be made within 1 month of course start date. In the event of an extenuating circumstance, head office has the discretion of allowing a transfer fee of £150. (subject to availability) Student is subject to the paying the current price of the course and all special offer and promotions will not be applicable.
PLEASE NOTE: WE CANNOT GUARANTEE THAT THIS IS AN OPTION AND OR THAT A SPACE WILL BE AVAILABLE FOR A FUTURE CLASS..
DOES NOT APPLY TO ONLINE HENNA ACADEMY
A student is registered after the booking form has been completed and a deposit has been paid. Students will receive written confirmation from Ash Kumar Academy with all details.
Your final balance is due 2 weeks prior to the course commencement. Failure to pay the balance by the due date will result in the deposit being forfeited and no entitlement to a new date.
DOES NOT APPLY TO ONLINE HENNA ACADEMY
The Ash Kumar academy will provide full equipment, materials, apparatus to teach Makeup, Hair and Henna which we feel is appropriate to your course construction.
DOES NOT APPLY TO ONLINE HENNA ACADEMY
Head Office Cancellation
In the unlikely event of a course schedule being cancelled, head office will either:
1) Transfer you onto another available course.
2) Refund any sum paid for the course.
Removal of Student
Ash Kumar Academy have full discretion within reason to remove a student before or during a course. We also hold the right to remove a certificate of attendance after course commencement.
Due to copyright infringement, the use of video cameras is not permitted. Digital cameras are permitted.
All terms and conditions apply when deposit is received by the AK Academy.