Website – Terms & Conditions

Introductory

These are the Terms and Conditions of Use (“Terms“) for phoandfamily.com (including our social media accounts, “Site“). Our Site is owned and operated by Xuan Hoang trading under the name Pho + Family (“we“, “us” or “our“).

Please read, and ensure persons that you book into a cookery class are aware of and read, these Terms and look out for changes as the latest version always applies. We reserve the right to change these Terms from time to time without notice to you. By accessing and using our Site and/or Services (defined below), you’ll be considered to have accepted these Terms. If you do not follow these Terms we may stop you using our Site and Services.

Site And Services

We provide cookery class experiences (“Cookery Classes”), cooking recipes and related products and offerings, as well as a mailing list related to the foregoing (collectively with any further or additional services that we may introduce from time to time, the “Services”).

Our Site and Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement in such jurisdiction or country. Any persons who choose to access our Site and Services from locations other than the United Kingdom do so upon their own initiative and are responsible for compliance with law and regulation of their jurisdiction to the extent applicable.

Cookery Classes

You should read the Cookery Class Terms and Conditions, which include very important information like our Cancellation and Rescheduling Policy and are incorporated by reference herein.

Gift Cards

You should read the Gift Card Terms and Conditions, which include very important information and are incorporated by reference herein.

Orders

Placing An Order

You confirm that all information and details provided by you to us are true, accurate and up to date in all respects and at all times.

When you order through the Website you will need to provide us with certain compulsory personal information in order for us to process your order. Please read our Privacy Policy to see how we collect, use and protect your personal information.

Acceptance Of Your Order

Please note that completion of the online checkout process does not constitute our acceptance of your offer to book a Cookery Class or buy any product. Our acceptance of your order will take place only when you receive an email with confirmation of your order. If you do not receive that email within 1 hour of placing an order, please first check your spam/junk folder and, if the email is also not there, contact us here to let us know.

The duration of our Cookery Class contract with you will start from when you receive your Cookery Class ticket by email and last until the end of your booked Cookery Class (or if we agree to reschedule your booking, until the end of the Cookery Class your booking has been rescheduled to).

If we cannot supply you with the Cookery Class booking you ordered, we will not process your order and inform you of this in writing (via email) and, if you have already paid for the Cookery Class, we will refund you in full as soon as reasonably possible. Where the supply of your Cookery Class ticket is delayed or prevented for reasons beyond our control we will make every effort to keep you informed but shall be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or effect in any way any statutory right that is afforded to you to cancel an order when a service is delayed or not provided.

If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, we have the right to stop or cease to fulfil the order at any time. You acknowledge that we shall not incur any liability in such circumstances.

Payment For Your Order

Accepted payment methods: You may pay by debit card, credit card or another alternative payment method specified as part of the checkout process. We reserve the right to change the payment methods at any time but this will not affect any existing order. The availability of a certain payment method may depend on your geographical location.

Payment: If you place an order on our Website, then you acknowledge and agree that: (i) you will be charged through the payment method you have selected for your order; (ii) you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent to do so; (iii) our payment service provider may use tools, software or services of payment processors to process transactions; and (iv) if your payment is not received from your card issuer, you agree to promptly pay all amounts due upon request and using the method that we reasonably prescribe.

Currency: The price of Cookery Classes and Gift Cards is in GBP and all payments will be made in GBP. Any exchange rate will be based on mid-market rates at the time and in accordance with Stripe’s terms and conditions.

Taxes: The price of Cookery Classes and Gift Cards includes any applicable taxes.

Promotions

December 2024 Competition Terms and Conditions

The following terms and conditions apply to the Pho + Family December 2024 Competition (“December 2024 Competition”) run by Pho + Family on Instagram in December 2024 for two winners of one £100 gift card each for Pho + Family cookery classes.

The December 2024 Competition is only open to persons aged 18 years or more and who are UK residents. 

The opening date for entries is 4th December 2024 at 17:00 GMT and the closing date for entries is 19th December 2024 at 23.59pm GMT. Entries received after the closing date will not be valid. We will conduct the prize draw within a week following the closing date, with two winners winning one £100 gift card each for Pho + Family cookery classes.

To enter the December 2024 Competition, participants must:

  1. Follow the Pho + Family Instagram account at https://www.instagram.com/phoandfamily/;
  2. Like the relevant post advertising this December 2024 Competition on the “Pho + Family” Instagram account at https://www.instagram.com/phoandfamily/; and
  3. Comment on the relevant post tagging two people who might be interested in Vietnamese food.

Participants may gain an extra entry to the December 2024 Competition each time they comment on the relevant post tagging an additional two people who might be interested in Vietnamese food.

There are no limits to the quantity of entries a participant can submit. 

There will be two winners in total for this December 2024 Competition, each entitled to one £100 digital gift card from Pho + Family for use for Pho + Family cookery classes (“Gift Card Prize”).

Each Gift Card Prize:

  • Will be subject to the Pho + Family website terms and conditions, including those applicable to Pho + Family cookery class gift cards with the issue date of the relevant Gift Card Prize being the date it is emailed to the applicable winner, and the use of the Gift Card Prize will be subject to cooking class availability and suitability, and
  • Does not include any costs incurred or to be incurred by the winner to claim or utilise their Gift Card Prize, such as travel and accommodation, as each winner is solely responsible for such costs.

Each winner will be chosen by random draw from those entries validly submitted under these terms by Xuan Hoang or performed by a computer process that produces verifiably random results within 7 calendar days of the closing date for the December 2024 Competition, at Pendlestone Road, London, E17 9BH.

Each winner of the December 2024 Competition will be notified by direct message from Xuan Hoang using the Pho + Family Instagram account to the Instagram account such winner used to enter the December 2024 Competition. Within two business days of receiving that direct message, the applicable winner must reply to confirm that they have received that direct message and, if required, provide all information requested by Xuan Hoang otherwise the winner will forfeit the Prize and Pho + Family will be entitled to select another winner in accordance with the process described above.

Each participant’s chance of winning will depend on their number of entries and the number of entries by other participants.

We accept no responsibility for entries not successfully completed due to a technical fault (including a technical malfunction, computer hardware or software failure, satellite, network or server failure) of any kind.

The December 2024 Competition is free to enter and no purchase is necessary. A purchase is not offered and will not improve the participant’s chances of winning.

By entering into this December 2024 Competition you agree to, and acknowledge that Pho + Family will process your personal data in accordance with, the Pho + Family website Terms and Conditions and Privacy Policy. We reserve the right to refuse entry into the December 2024 Competition or refuse to award a Gift Card Prize to anyone in breach of those terms.

We reserve the right to hold void, cancel, suspend or amend the December 2024 Competition if it becomes necessary to do so.

Entries must not be defamatory, pejorative, violent, abusive, sexual, illegal or promote illegal activity, false, harassing, obscene, contain profanities, promote bigotry, racism, hatred or harm, and must comply with rules on the platform on which they are posted.

Insofar as is permitted by law, we, our agents and/or distributors will not in any circumstance be responsible or liable to compensate any winner of the December 2024 Competition or accept any liability for any loss or damage occurring as a result of receiving the Gift Card Prize except where it is caused by our or our agents’ or distributors’ negligence, as applicable. Your statutory rights are not affected.

The promoter of the December 2024 Competition is Xuan Hoang trading as Pho + Family, Pendlestone Road, London, E17 9BH, United Kingdom. Any complaints in relation to the conduct of this December 2024 Competition by the promoter should be lodged with the promoter at this address or using the Pho + Family website contact page.

Content And Marks

We are the owner or licensee of all intellectual property rights used on our Site, our social media accounts and in our Services (the “Content”), including any trademarks, service marks and logos (the “Marks”).

Our Content and Marks are protected by intellectual property laws in the United Kingdom (English law) and in other jurisdictions.

Your Use Of Our Site And Services

Our Site and Services are for your own personal and non-commercial use only. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Site and use the Services provided it is solely for your own personal and non-commercial use.

Except as set out herein, no part of our Site or Services, including any Content and Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

User Representations

By using our Site and/or Services, you represent and warrant that:

  • You have legal capacity and agree to comply with these Terms; 
  • You are not a minor in the jurisdiction in which you reside; 
  • You will not access the Site or Services through automated or non-human means; 
  • You will not use the Site or Services for any illegal or unauthorised purpose, including none of the prohibited activities listed below; and 
  • Your use of the Site and Services will not contravene any applicable law or regulation. 

Prohibited Activities

As a user of the Site and/or Services, you agree not to:

  • Systematically retrieve data or other content from the Site or Services to create or compile, directly or indirectly, a collection, compilation, database or directory without express written permission from us; 
  • Trick, defraud or mislead us or other users, especially in any attempt to learn sensitive account information or personal information with the intent to inappropriately or unlawfully use such information; 
  • Circumvent, disable or otherwise interfere with security related features of the Site or Services; 
  • Disparage, tarnish or otherwise harm us and/or our Site or Services; 
  • Use any information obtained from our Site or Services to harass, abuse or harm another person; 
  • Make improper use of our support services or submit false reports of any kind; 
  • Use the Site or Services in a manner that contravenes any applicable laws or regulations; 
  • Engage in unauthorised framing or linking to the Site or Services; 
  • Upload or transmit, or attempt to upload or transmit, any viruses or other malware or to take any action that may interfere with any other party’s uninterrupted use and enjoyment of our Site and Services or which otherwise modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site or Services; 
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools; 
  • Delete any intellectual property notice from any Content; 
  • Attempt to impersonate another person or use the username of another user; 
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, such as spyware; 
  • Interfere with, disrupt, or create an undue burden on the Site or Services or the networks or services connected to the Site or Services; 
  • Harass, annoy, intimidate or threaten any other user; 
  • Attempt to bypass any measures designed to prevent or restrict access to the Site or Services or any portion thereof; 
  • Copy or adapt, decipher, decompile, disassemble or reverse engineer, the Services’ software, except where licensed by us and as permitted under the terms of any licensor or where permitted by applicable law; 
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, such as any spider, robot, cheat utility, scraper or offline reader that accesses the Site and/or Services, or use or launch any unauthorised script or other software; 
  • Use a buying agent or purchasing agent to make purchases on the Services; 
  • Make any unauthorised use of the Site or Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences; or 
  • Use the Site or Services as part of any effort to compete with us or otherwise use the Site, Services, Content and/or Marks for any revenue generating endeavour or commercial enterprise. 

Third Parties And External Links

We are not responsible for third party content or liable for anything that happens if you choose to use third party websites, including when you access their website or services through links that we provide on our Site or through our Services. You should read their terms and conditions and privacy policies carefully. You will be bound by those terms and conditions, and any personal information you give them will be used in line with their privacy policies, not ours.

If you link to our Site, you will need to follow these Terms and any relevant laws. You are also not allowed to pretend to be us, or suggest that you are endorsed by us, or connected to us, or link to us from content that could be offensive.

Privacy Policy

Please read our Privacy Policy to see how we collect, use and protect your personal information. Our Privacy Policy is incorporated by reference herein.

Services Management

We reserve the right but not the obligation to: (1) monitor the Site and/or Services for violations of these Terms; (2) take legal action against anyone who, in our opinion, violates the law or these Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your user content or any part thereof or your access to our Site and/or Services; (4) remove from the Site and/or Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our Site; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

Term And Termination

These Terms remain in full force and effect while you use the Site and/or Services.

Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our Site and/or Services to any person for any reason or for no reason.

Modifications And Interruptions

We reserve the right to change, modify or remove the contents of the Site and/or Services at any time and for any reason without notice. We have no obligation to update any information on our Site or Services. We will not be liable to you or any third party for any modification, change, suspension or discontinuance of the Site and/or Services.

We cannot guarantee the Site and/or Services will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site and/or Services, resulting in interruptions, delays and/or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site and/or Services at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance. Nothing in these Terms will be construed to obligate us to main and support the Site and/or Services or to supply any corrections, updated or releases in connection therewith.

Disclaimer

There may be information on the Site or in our Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any such errors, inaccuracies or omissions and to change or otherwise update information on our Site or in our Services at any time without notice.

The Site and Services are provided on an ‘as-is’ and ‘as-available’ basis. You agree that your use of the services will be at your sole risk. We disclaim all warranties, express or implied, in connection with the Site and Services and your use thereof. We make no warranties, express or implied, about the accuracy or completeness of the Site or Services or of any website or service linked to from our Site or Services. We will assume no liability or responsibility for any: (1) errors, mistakes or inaccuracies of content and materials; (2) personal injury or damage resulting from your access to and use of the Site and/or Services; (3) any unauthorised access to or use of our servers and/or any and all personal or other information stored therein or thereon; (4) any interruption or cessation of transmission to or from the Site or Services; (5) any bugs, viruses or other malware which may be transmitted to or through the Site or Services by any third party; and/or (6) any errors or omissions in any content and materials or for any loss or damage incurred as a result of the use of any content posted, transmitted or otherwise made available via the Site or Services. We do not endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Site or Services, any hyperlinked website, or any website or application featured in any banner or other advertising, and we will not be a party to or in any way responsible for monitoring any transaction between you and any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your own best judgement and exercise caution where appropriate.

Limitations of Liability

In no event will Pho + Family or Xuan Hoang be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Site or Services, except where such limitation of liability is not permitted by law. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us.

Indemnification And Compensation

You agree to defend, indemnify and hold us harmless, including any subsidiaries or affiliates we may have, and all of our shareholders, officers, directors, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including attorney fees and expenses, made by any third party due to or arising from your: (1) use of the Site and/or Services; (2) breach of these Terms; (3) breach of your representations and warranties in these Terms; (4) violation of the rights of a third party; (5) overt harmful act toward any other user of the Site and/or Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, or proceeding which is subject to this indemnification upon becoming aware of it.

You agree to compensate us for any liability or cost we may face as a result of: (1) any content that you post on our Site and/or Services, or via any other communications systems; (2) any actions you take that disrupt access to and/or the functioning of our Site and/or Services; or (3) any breach by you of your obligations under these Terms.

Electronic Communications, Transactions And Signatures

Visiting the Site and using the Services, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or complete by us or via the services. You waive any rights or requirements under any statute, regulation, rule, ordinance or other law in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

The Terms are a contract between you and us about your use of our Site and/or Services. No one can enforce any parts of these Terms for you.

You waive any and all defences that you may have based on the electronic form of these Terms and the lack of signing by parties hereto to execute these Terms.

There is no joint venture, partnership, employment or agency relationship created between you and us through these Terms or your use of our Site and/or Services.

Our failure to exercise or enforce any right or provision of these Terms does not operate as a waiver of such right or provision.

We may assign any or all of our rights and/or obligations to others at any time. If any provision or part of a provision of these Terms is determined to be unlawful, void or unenforceable, that provision or part of a provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Governing Law

English law governs these Terms and only the English courts can resolve any dispute between us in connection with these Terms.

How To Contact Us

Please contact us via our contact page.