The Client agrees to abide by, and be bound by, the Terms and Conditions of the Company as set out below at all times without alteration, exclusion and/or adaptation.
In these Terms and Conditions, the following terms shall have the following meanings:
- ‘Client’ means any person, user or entity using the Website of the Company in order to register, join, subscribe, search, access, browse, view and/or upload adverts, availability and/or information, select, book and/or pay for any Session. For the avoidance of doubt ‘Client’ includes Trainers as well as all other recipients of goods and/or services, users and customers
- ‘Company’ means Elaine Kelly trading as Global Horse Ventures and Wise Owl Equitation
- ‘Services’ means any registration, subscription, joining, searching, information access, uploading, browsing, viewing, booking and/or adverts relating to the Website and the Company
- ‘Session’ means any training, lesson, instruction, advice and/or communication to a Client by a Trainer whether via a live online session and/or a video clip
- ‘Trainer’ means any trainer, instructor, expert or other equestrian person displayed on the Website of the Company
- ‘Website’ means the Company’s website www.wiseowlequitation.com together with its integrated joining, subscription, booking and payment systems
1. SERVICE PROVISION
The Client understands and accepts that:
- 1.1 All Services and Client use and viewing of the Website and all Sessions booked and/or completed are governed by the Terms and Conditions outlined herewith in. By accessing the Services and/or Website and/or Sessions you are agreeing to be bound by these Terms and Conditions.
- 1.2 The Company reserves the right to amend the Terms from time to time at its own discretion.
- 1.3 Clients agree that they shall not have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
- 1.4 The Company reserves the right to amend, cancel, restrict and/or withdraw any part or whole of the Services provided on the Website and/or the Website itself and/or any Sessions at any time and for any period at the Company’s own discretion and without notice. The Company shall under no circumstances be held liable for any direct or consequential loss suffered by Clients in these instances, and the Client will not be entitled to any refund for Services or Sessions paid or subscribed for in these instances.
- 1.5 The Website is delivered via the internet which is an inherently unreliable medium. The Company shall under no circumstances be held liable for any direct or consequential loss suffered by Clients if the Website is unavailable at any time or for any period, and the Client will not be entitled to any refund for Services or Sessions paid or subscribed for if the Website is unavailable at any time or for any period.
- 1.6 The Company may at its own discretion and without notice limit all or part of the Website and/or Services and/or Sessions at any time and for any period to any person and/or geographical location. The Company shall under no circumstances be held liable for any direct or consequential loss suffered by Clients if the Website and/or Services and/or Sessions are limited in this way, and the Client will not be entitled to any refund for Services or Sessions paid or subscribed for if the Website and/or Services and/or Sessions are limited in this way.
- 1.7 All Clients access the Website and the Services and the Sessions at their own risk.
- 1.8 No interruptions and/or disruptions to the Services and/or Website and/or Sessions shall entitle Clients to a refund of any payment already made by them.
- 1.9 The Company is under no obligation to provide any content for the Services and/or Sessions and reserves the right to upload, remove, vary or otherwise deal with any content provided on the Website from time to time.
- 1.10 The Company lists Trainers on the Website under the sections requested by the Trainers and enables Clients of the Company to book and pay for Sessions with the Trainer of choice of the Client via the Website.
2. WEBSITE OPERATION
- 2.1 Trainers are wholly and exclusively responsible for providing the Company with their personal information and credentials for inclusion on the Website and for setting the fees required by the Trainer from Clients. The Company does not monitor the reliability or accuracy of information posted on the Website. Therefore the Company makes no representation or guarantee or warranty as to the completeness and/or accuracy of the information provided on the Website. The Company will under no circumstances be held responsible and/or liable for any out of date, incomplete and/or inaccurate information and/or fees supplied by the Trainer and under no circumstances will be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any out of date, incomplete and/or inaccurate information and/or fees provided by the Trainer.
- 2.2 All content provided to the Company and all information and content of the Website must be provided in, and is displayed in English. All prices must be provided to the Company in Pounds Sterling and will be displayed in Pounds Sterling. Any links provided by the Company to currency exchange rates or amounts are purely for illustrative purposes and are in no way indicative of the actual cost or rate of currency exchange.
- 2.3 The Company acts as a platform which allows Clients and users to sell and buy equestrian goods and services. The Company is not involved in transactions between parties. The Company has no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of the listings, the ability of sellers to sell or the ability of buyers to buy. Clients cannot assume that the sale, purchase, export or import of any item or service is valid and legal simply because it is listed on the Website.
- 2.4 The Company is not responsible for ensuring that parties actually complete a transaction. Trainers and Clients accept sole responsibility for the legality of their actions under the laws applying to them.
- 2.5 The Company recommends that Clients independently check the credentials of Trainers prior to purchase of any Sessions. The Company cannot be held responsible for Clients purchasing Sessions that are unsuitable for the capability of the purchaser. Clients buy at their own risk and must do their own appropriate research on Trainers prior to purchasing Sessions.
- 2.6 The Company cannot and does not confirm the purported identity of Trainers or users or the validity of the information which Trainers or users post to the Website.
- 2.7 The Company does not control the information provided by other users which is made available through the Website. Clients may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Use caution and common sense when using the Website. There are risks of dealing with underage persons or people acting under false pretenses. Trainers, Clients and users access the Website entirely at their own risk.
3. WEBSITE MISUSE
- 3.1 Clients may not mirror or frame any material from the Website and may not cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience whether to the Company or any Client or users of the Website by any means including persistently sending unsolicited communications (also known as ‘spamming’).
- 3.2 Clients must not misuse the Website by knowingly introducing any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Clients must not attempt to gain unauthorised access to the Website, the server on which the Website is stored nor any server, computer or database connected to the Website.
- 3.3 Clients must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. Breaching this provision would constitute committing a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing the Client’s identity to them. In the event of such a breach, the Client’s right to use the Website will cease immediately.
- 3.4 Clients may link to the Website home page, provided they do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it. Clients must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of the Company where none exists. Clients must not establish a link to the Website in any website that is not owned by the Client. The Website must not be framed on any other site, nor may Clients create a link to any part of the Website other than the home page. The Company reserves the right to withdraw linking permission at its sole discretion without notice.
4. BOOKINGS AND PAYMENTS
- 4.1 Each Trainer sets their own fees and/or charges for each Session. The Company takes no fee or levy from the Trainer for inclusion on the Website or for any Session provided by the Trainer to Clients. However, the Company will charge a booking fee determined by the Company from time to time to Clients for each booking made via the Website.
- 4.2 The Trainer is wholly and exclusively responsible for uploading their available dates and times for live Sessions. The Company will under no circumstances be held responsible and/or liable for any out of date, incomplete and/or inaccurate dates and/or times supplied by the Trainer and under no circumstances will be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any out of date, incomplete and/or inaccurate dates and/or times provided by the Trainer.
- 4.3 Clients of the Company are required to pay via Paypal online in order to secure their Session with the Trainer. The Company will use reasonable endeavours to ensure that Client’s payments are processed in a timely manner. However, the Company will under no circumstances be held responsible and/or liable for any delays in the processing, sending and/or receiving of payments and under no circumstances will be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any delayed processing, sending and/or receiving of payments.
- 4.4 Clients must be 18 years old or older in order to book and purchase Sessions through the Website. All Sessions booked for persons under the age of 18 years must be supervised throughout the entirety of the Session by their parent or guardian.
- 4.5 By booking and purchasing a Session Clients are consenting to their personal details supplied by them to be passed on to Trainers.
- 4.6 All prices for Sessions and Services will be as quoted on the site at the time of purchase. The Company takes reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system.
- 4.7 All prices may change from time to time, but changes will not affect any Services or Sessions already purchased.
- 4.8 The quoted prices will, unless otherwise indicated on the Website, exclude any sales or other local tax which shall, if applicable, be payable by Clients in addition at the rate from time to time in force.
- 4.9 Clients can only pay for Services using the payment methods listed on the Website and once submitted these are processed by the Company’s contractors. The terms and conditions for these payment services are available on request.
- 4.10 Transactions made through the Website will be in Pounds Sterling. If Clients wish to pay with any other currency, the exchange rate and any additional transaction charges will be controlled and applied by the issuing bank and not the Company. The Company will not be liable for any additional charges incurred in respect of this.
- 5.1 Clients must treat their account details, including their username and password, as confidential, and have no right to disclose them to any third party other than those employees or members of their business who have express authority to access the Website. If a Client registers for a username to enable them to purchase, amend or change Sessions or Services they are solely responsible for all actions taken under that username whether by them or by employees or members of their business who have express authority. It is the Client’s responsibility to keep their username and password safe.
- 5.2 If Clients know or suspect that anyone other than a third party they have specifically authorised knows their user identification code or password, they must promptly notify the Company.
- 5.3 Clients are solely responsible for any activities that occur under their account. The Company shall not be liable to Clients or any third party for any loss or damage which may arise as a result of any failure by Clients to keep their password or account confidential.
- 5.4 Clients are solely responsible for any information they provide to the Company or other users in relation to the Services and/or Website (including, without limitation, any description of items listed). The Company is a passive conduit for online distribution and publication of Client’s information.
- 5.5 The Website may only be used for lawful purposes. Clients are prohibited from violating or attempting to violate the security of the Website or using it to obtain products or services not properly ordered and fully paid for.
- 5.6 Clients may not interrupt or attempt to interrupt the operation of the Website in any way or send unsolicited email messages (‘Spam’) to or through the Website or otherwise harass the site owner, provider, or other users.
- 5.7 The Website may contain references or cross references to products that are not available in every country.
- 5.8 Clients must use their accounts in a responsible, considerate and reasonable manner.
- 5.9 The Company has the right to disable any username or password, whether chosen by a Client or allocated by the Company, at any time, if in the Company’s sole opinion a Client has failed to comply with any provision of these Terms.
- 6.1 The Client is required to have good and consistent internet connection for the entire duration of the live Session booked. The Client is also required to have a suitable device on which to conduct the live Session booked. It is the sole responsibility of the Client to ensure that they have the required internet connection and device capabilities for the entire duration of each live Session booked. The Client is required to have ensured that the device is located in a suitable and fully functioning location prior to the commencement of any live Session. The Company will under no circumstances be held responsible and/or liable for any total and/or partial failure and/or disruption of a live Session due to internet connection and/or device capability problems and/or inadequacies and under no circumstances will be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any such internet and/or device capability problems and/or inadequacies.
- 6.2 For video clip Sessions the Client is required to submit a video clip of no more than 20 minutes duration with good lighting and visibility, and which demonstrates a good overview of the horse and rider. The Trainer has the right to refuse to accept any video clip which does not comply with these requirements and request an alternative clip to be provided.
- 6.3 Trainers will endeavour to provide feedback on video Sessions submitted within 72 hours of their submission. However, there may occasionally be a delay with this for example in the event of injury, competition commitments or time abroad. In these circumstances the Trainer will inform the Client of the time period during which feedback will be provided
- 6.4 The Trainer is wholly and solely responsible for the content, format and conduct of the Session, as well as for ensuring that they are capable of, and qualified and insured for, providing Sessions at the level and of the type they have offered. The Company will under no circumstances be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any Session
- 6.5 The Trainer is wholly and solely responsible for ensuring that they maintain up to date, appropriate and adequate qualifications and insurance for the Sessions they provide. The Company will under no circumstances be obliged and/or responsible for checking and/or confirming the adequacy, appropriateness and/or up to date nature of any qualifications and/or insurance of the Trainer. The Company will under no circumstances be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any total and/or partial failure of the Trainer to maintain up to date, appropriate and adequate qualifications and insurance for the Sessions they provide.
- 6.6 The Client is wholly and solely responsible for ensuring that they are capable of, and qualified and insured for, taking part in Sessions at the level and of the type they have booked. The Company will under no circumstances be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any Session.
- 6.7 Due to the nature of the training accessed via the Company, the Company provides a guarantee to all new Clients that for the first live Session booked through the Company a new Client may stop the training/lesson session within the first ten minutes only of that Session and cancel the Session. This is to provide new Clients with reassurance that if they are not comfortable to complete training in this manner and/or do not feel that this manner of training is adequate for them they do not have to proceed with the Session. This applies only to a new Client of the Company and only on their first Session booked via the Company. It does not apply to non-ridden Sessions. In the event that a Client stops and cancels a Session within the first ten minutes of the Session the Client will be refunded the Session fee less a £10 cancellation charge, but will receive no refund of the booking fee.
- 6.8 The Trainer is wholly and solely responsible for setting their own cancellation and refund policies for live Sessions with Clients except for that detailed at clause 5.4 above. The Trainer supplies the Company with their information regarding cancellation and refund policies to be displayed on the Website. The Company will under no circumstances be held responsible and/or liable for any out of date, incomplete and/or inaccurate information and/or fees relating to cancellation and/or refund supplied by the Trainer and under no circumstances will be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any out of date, incomplete and/or inaccurate information and/or fees relating to cancellation and/or refund provided by the Trainer.
- 6.9 There is no cancellation possible for uploaded video Sessions or their associated booking fee.
- 6.10 For Clients to be eligible to use the Services and/or to purchase a Session they must have full legal capacity to enter into a contract, be at least 18 years old and further represent and warrant to the Company that they have authority to bind any business on whose behalf they use or access the Services and/or Website and/or purchase Sessions and/or Services.
- 6.11 Clients acknowledge that in purchasing Services or Sessions they do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
- 6.12 By registering on the Website and/or by authorising, approving and/or lodging material with the Company for publication to the Website Trainers and Clients warrant that:
- (a) they have all required consents, licenses or permission to use the material;
- (b) the material complies with all applicable laws and regulations in the UK and in any country from which it is posted;
- (c) the material is not:
- (i)defamatory, obscene, offensive, threatening, hateful, abusive or inflammatory;
- (ii) made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- (iii) does not infringe any intellectual property rights of any other person or entity;
- (iv) promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- (v) false, fraudulent, misleading or inaccurate, including giving the impression they emanate from the Company (or any other person or company), if this is not the case;
- (d) they either own or are legally entitled to sell each item or Service or Session listed, any such item is not counterfeit or stolen, and that the sale and purchase of such item or Service or Session is legal in the jurisdiction in which the Trainer or Client is resident as well as legal in the jurisdiction in which the Trainer or Client is resident and that it is legal in both jurisdictions to export and receive such item or Service or Session.
- 6.13 Whilst the Company does not monitor the Website in order to ascertain whether or not Trainers and Clients have acted in accordance with these Terms if the Company determines at its sole discretion that a Trainer or Client is in breach of any of the Terms it may, in its sole and absolute discretion, take any such action it deems appropriate, including (but not limited to): removing any content uploaded by Trainers or Clients to the Website; issuing a formal warning to Trainers or Clients; suspending or terminating Trainers or Clients access to the Website; reporting Trainer or Client actions to the appropriate authorities; or taking legal action against Trainers or Clients.
- 6.14 The Company is not responsible for verifying the identity of any Trainers, Clients or users nor is it responsible for the purchase of any products, Services or Sessions, animals or vehicles and Clients accept that any purchase is at their own risk and that they are wholly responsible for obtaining any appropriate professional advice required prior to purchasing.
- 6.15 In the event that a Trainer or Client has any right, claim or action against any other Trainer or Client and/or user arising from that party’s use of the Website, the Trainer or Client agrees to pursue such right, claim or action independently of and without recourse to the Company, and the Trainer or Client releases the Company from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with any such right, claim or action.
- 6.16 Upon booking a Session or Service on the website by clicking the “submit” or “proceed” button Clients acknowledge that the Company will commence supplying the Services immediately and that Clients will be charged for the Session or Service in full with no option of a refund subject to those specified in Clause 4 above.
- 6.17 Each advert is for a single Trainer and substitutions are not accepted on any adverts. Amendments of photos, text content and/or videos after the date of submission may be made only at the sole discretion of the Company. Agreement by the Company to one amendment does not set a precedent for future amendments to be authorised or agreed by the Company.
- 6.18 Adverts, Trainer information and website content are only for general information and contain material submitted by third parties. The Company hereby excludes any warranties as to the quality, accuracy, completeness, performance, legality, fitness for a particular purpose of the Website or any of its contents or omissions of information, accepts no responsibility for the content, omissions, legality and/or accuracy of such advertisements, nor makes any guarantee regarding the contents of adverts and/or Trainers and/or the Website in respect of the existence or availability or suitability of anything advertised whatsoever.
- 6.19 The Company makes no warranty that the contents of the adverts and Trainer information and Website are free from infection or viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
- 6.20 Although acceptance of advertisements on the Website is subject to the Company’s discretion, the Company does not accept liability in respect of any advertisements.
- 6.21 All photographs used on the Website must have the prior consent of the photographer. The Trainer or Client is responsible for gaining any photographer’s approval prior to forwarding photographs to the Company to use on the Website. The Company excludes responsibility for all issues arising due to copyright protection on photographs.
- 6.22 Acceptance of links to third party websites it as the sole discretion of the Company. The Company reserves the right to immediately withdraw any website link without warning and no refund will be given. The web site address stated in the advertisement must be the website address that the link points to. Redirection of website links to a different website will not be accepted.
- 6.23 Any adverts submitted to the Company are accepted at the Company’s sole discretion, and it has the right to refuse and reject any advertisement or part of advertisement without justification. Any advert may have some or all of the information contained in it removed without notification at the Company’s sole discretion at any time and for any period. No refund will be given for any refused, rejected or removed advert or part advert.
- 6.24 Website links on the Website lead to resources located on servers maintained by third parties over whom the Company has no control and the Company accordingly accepts no responsibility or liability for any of the material contained on those websites or servers whatsoever.
7. LICENCES AND INTELLECTUAL PROPERTY
- 7.1 Any content uploaded to the Website will be considered non-confidential and non-proprietary. Trainers and Clients retain all of their ownership rights in their content, but by these Terms they grant the Company and other users of the Website a limited license to use, store and copy that content and to distribute and make it available to third parties.
- 7.2 The Company also has the right to disclose a Trainer’s or Client’s identity to any third party who is claiming that any content posted or uploaded by the Trainer or Client to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
- 7.3 The prefix “Global Horse” and the company names “Global Horse Ventures”, “Global Horse Training” and “Global Horse Search” are the Company’s registered trade marks and neither these names, nor any logo or device incorporating that mark or these names shall be used without the Company’s prior written consent.
- 7.4 All intellectual property rights, and all other rights including goodwill, whether now known or created in the future, in the content provided through the Services and/or Sessions and/or Website is the Company’s property and shall vest in the Company.
- 7.5 Under these Terms the Company grants Trainers and Clients a limited, non-exclusive, revocable license to view, access, download or print content provided through the Services (License). When Trainers or Clients download or print any content, they must ensure that all copyright, trade mark and other proprietary notices comprised within that content are retained. Trainers or Clients shall not assign or sub-license their rights under the License. The License does not permit Trainers or Clients to copy; amend or modify; reproduce; republish; post; broadcast; or transmit content or material provided via the Services or Website, use any of the Company’s trade marks, or authorise or assist anyone else to do so without the Company’s express prior written consent
- 7.6 If Trainers or Clients breach these Terms the Company may, in its absolute discretion, terminate the Trainer’s or Client’s right to use any the Website immediately and in any event Trainers or Clients must, at the Company’s option, return or destroy any copies of the materials they have made.
- 8.1 The Company will under no circumstances whatsoever be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Services and/or Sessions and/or Website for: any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss on the part of any Trainer or Client or other third party even if foreseeable.
- 8.2 The Company will not be liable under any circumstances whatsoever for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, the Website; or use of or reliance on any content displayed on the Website.
- 8.3 The Company will not be liable for any loss or damage whatsoever caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect a computer equipment, computer programs, data or other proprietary material due to use of the Website or to downloading of any content on it, or on any website linked to it.
- 8.4 The Company assumes no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement of those linked websites. The Company will not be liable for any loss or damage whatsoever that may arise from use of them.
- 8.5 Subject to these Terms, the total liability of the Company in respect of all losses arising under or in connection with the Services and/or the Sessions and/or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the total fees paid by the Client in the relevant period to the Company.
- 8.6 Trainers and Clients shall remain solely responsible for compliance with their legal duties and obligations, including (but without limitation) in respect of all sales or services provided by Trainers and Clients to their own customers.
- 8.7 Except as expressly stated in these Terms, the Company does not give any representation, warranties or undertakings in relation to the Services and/or Sessions and/or the Website. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, the Company will not be responsible for ensuring that the content provided through the Services and/or Sessions and/or Website is suitable for a Client’s purposes.
- 8.8 All liability is excluded to the extent permitted by law including any implied terms.
- 8.9 In the event that a Trainer or Client or user has any right, claim or action against any other Trainer or Client or user arising from that party’s use of the Website, they agree to pursue such right, claim or action independently of and without recourse to the Company, and release the Company from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
- 8.10 Trainers and Clients shall indemnify the Company in full against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by the Company arising out of or in connection with any breach of these Terms.
- 9.1 Any notice or other communication given by the Company to a Trainer or Client, or by a Trainer or Client to the Company, under or in connection with the Services and/or Sessions and/or the Website shall be in writing via email, or in writing via recorded delivery post.
- 9.2 A notice or other communication shall be deemed to have been received: if sent by recorded delivery post on the date delivery is recorded; or if sent by e-mail, one Business Day after receipt of the email.
- 9.3 In proving the service of any notice it will be sufficient to prove; in the case of a recorded delivery letter, that such letter was received as recorded on the tracking system of the postal service; and in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee and was acknowledged as delivered and received via a read-receipt.
10. CONFIDENTIAL INFORMATION
- 10.1 Any non-personal information or material, save for financial information, sent to the Company will be deemed NOT to be confidential. By sending the Company any non-personal information or material, Trainers and Clients grant the Company an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and also agree that the Company is free to use any ideas, concepts, know-how or techniques that sent to the Company for any purpose.
11. PROMOTIONS AND COMPETITIONS
- 11.1 From time to time, the Company may choose to run promotions including specific offers or discount opportunities (Promotional Offers) or competitions (Competitions) via the Website. In addition to these Terms any description and terms of each Promotional Offer or Competition set out on the Website (Promotion Terms or Competition Terms) shall also apply.
- 11.2 All of the Company’s Promotional Offers are also subject to the following specific terms and conditions:
- i. Promotional Offers may only be used against full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated
- ii. Promotional Offers are valid for a limited period of time as specified in the original marketing communication containing the Promotional Offer and cannot be used outside of that period
- iii. Promotional Offers are valid only online
- iv. discounts are not redeemable against any advertised products, unless specifically stated otherwise in the Promotion Terms
- v. if any purchase subject to a Promotional Offer is refunded for any reason, the Company will only refund the amount actually spent, taking into account the total discount given under the Promotional Offer
- vi. no Promotional Offer can be applied retrospectively
- vii. all purchases are subject to availability and the Company reserves the right to withdraw, amend or extend Promotional Offers at any time
- 11.3 To the extent that the Promotional Offer in question involves the supply of a code which can be used to apply a discount if the order meets the terms of the Promotional Offer (Promotional Code), the following additional terms and conditions apply:
- i. Promotional Codes cannot be used in conjunction with any other offer unless otherwise stated in the Promotion Terms
- ii. if using the Promotional Code online, enter it as requested during the check-out process
- iii. Promotional Codes are for use by the intended recipient only and proof of entitlement to use a Promotional Code may be requested
- iv. all orders using Promotional Codes are subject to acceptance and any improper use of Promotional Codes may result in the cancellation of the order
- 11.4 All Competitions are also subject to the terms of entry, particular rules and prize or prizes (and any terms relating to that) that are specific to that competition, in addition to which every Competition should be considered to incorporate the following specific terms and conditions:
- i. there will be a specified prize, which may be subject to its own terms and conditions which will be set out in the Competition Terms. Use of such a prize shall constitute acceptance of those terms and conditions
- ii. Clients are deemed to have accepted these terms and conditions and to have agreed to be bound by them when entering any Competition
- iii. entries that are lost, incomplete, illegible or indecipherable, in the Company’s sole discretion, will not be valid and will be disqualified
- iv. each entrant may enter the Competition only once. No purchase is required
- v. entrants must be aged 18 or over. Proof of age may be required.
- vi. providing any false details will result in disqualification, and the immediate withdrawal of any prize entitlement
- vii. Competitions are not open to the Company’s employees, agents or their families
- viii. the Company reserves the right to cancel or change the Competition Terms at any stage, if deemed necessary in it’s sole opinion
- ix. the Company cannot guarantee that the prize will be free from disruptions, failings and/or errors, and cannot be held to be liable for any act or omission of the prize and/or the prize provider
- x. the Company’s decision is final and no correspondence will be entered into
- xi. in consideration of being awarded the prize, the winner may be required to take part in publicity related to the prize, and Trainers and Clients now confirm that they will take part in such publicity if they are a winner. Such publicity may include, without limitation, use of Trainer’s or Client’s names, photographs of the Trainer or Client taken by the Company at and/or in relation to any prize event, and statements made by the Trainer or Client concerning the prize which the Company can use in its marketing
- xii. the Company will not under any circumstances be responsible or liable to compensate a prize winner or accept any liability for any loss or damage occurring as a result of taking up a prize
- 11.6 To the extent that there is any conflict between these Terms and the Promotion Terms or Competition Terms (as applicable), then the Promotion Terms or Competition Terms (as applicable) will apply.
12. OTHER WEBSITES
- 12.2 The Company is not responsible for examining or evaluating, and in no way makes any endorsement, warranty, or representation relating to the content of any such other website, and will not be responsible or assume any liability for the actions, products, services, or content of any such other website or its related businesses.
13. ANCILLIARY TERMS
- 13.1 These Terms and any document expressly referred to in them constitute the entire agreement between the Company and Clients and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to its subject matter with the exception of the separate Trainers Contract that Trainers are required to enter into prior to inclusion on the Website.
- 13.2 The Company may transfer its rights and obligations to another person or entity, but this will not affect Trainer’s or Client’s rights or obligations under these Terms. Trainers and Clients may only transfer their rights or obligations under these Terms to another person or entity if the Company agrees to this in writing.
- 13.3 No other person or entity shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- 13.4 Each of the clauses of these Terms operates independently. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
- 13.5 If the Company fails to insist that Trainers or Clients perform any of their obligations under these Terms, or if the Company does not enforce its rights or delays in doing so, that will not mean that the Company has waived its rights and will not mean that Trainers or Clients do not have to comply with those obligations. If the Company does waive a default by a Trainer or Client, it will only do so in writing, and that will not mean that the Company will automatically waive any later default.
- 13.6 These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction.
- 13.7 Clients are aware that Trainers are not permitted to conduct Sessions of, or similar to, the nature and/or type offered by the Company outside of the Company and will not attempt to require or encourage the Trainer to book and/or complete any such Sessions outside of the Company.