1. These Terms
What these terms cover. These are the terms and conditions on which we supply family fitness and activity classes to you in the form of in-person classes and online classes.
Why you should read them. Please read these terms carefully before you submit to us a request to register for participation in our classes. These terms tell you who we are, how we will provide classes to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information About Us and How to Contact Us
Who we are. We are RM Planning Limited, trading as Skadoosch, a company registered in England and Wales. Our company registration number is 10482336 and our registered office is at Unit 4 Vista Place, Coy Pond Business Park, Ingworth Road, Poole, United Kingdom, BH12 1JY.
How to contact us. You can contact us by writing to us at email@example.com.
How we may contact you. If we need to contact you we will do so by telephone or by emailing you at the contact details you provide to us. In these terms "writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our Contract with You
How we will accept your registration. Our acceptance of your registration for a class will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your registration. If we are unable to accept your registration, we will inform you of this and will not charge you. This might be because we have identified an error in the price or description of the class or because we are unable to provide the class at the advertised date and time.
Your registration number. We will assign a registration number and tell you what it is when we accept your registration. It will help us if you can tell us the registration number whenever you contact us.
4. Children Under 16
Skadoosch requires parental consent before children aged 15 or under can take part in any classes. Children must be supervised at all times by a parent or legal guardian when participating in classes.
5. Your Right to Make Changes
If you wish to change a class after you have registered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. Our Right to Make Changes
Minor changes to the classes. We may change the classes: (a) to reflect changes in relevant laws and regulatory requirements; (b) to account for conditions such as weather, and other events outside our reasonable control; and (c) to make accommodations to ensure all participants can successfully take part.
7. Providing the Classes
When we will provide the classes. During the registration process we will let you know when we will provide the classes to you. If the classes are ongoing services or subscriptions, we will also tell you during the registration process when and how you can end the contract.
If the classes are one-off services. We will begin the services on the date agreed with you during the registration process.
If the class is a one-off purchase of on-demand digital content. We will make the digital content available for download by you as soon as we accept your registration.
If the classes are ongoing services or a subscription to receive digital content. We will supply the classes to you until either the course of classes are finished or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
We are not responsible for delays outside our control. If the classes are delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any classes you have paid for but not received.
Reasons we may postpone or suspend the class. We may have to suspend or postpone a class in certain circumstances, including, but not limited to (i) weather conditions, (ii) sudden unavailability of a class leader, (iii) to deal with technical problems, or (iv) a change in availability or suitability of class locations.
Your rights if we postpone or suspend the class. We will contact you in advance to tell you we will be postponing or suspending the class, unless the problem is urgent or an emergency. You may contact us to end the contract for a class if we postpone or suspend it, or tell you we are going to postpone or suspend it, in each case for and we will refund any sums you have paid in advance for the class postponed or suspended.
8. Your Rights to End the Contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, how we are performing and when you decide to end the contract: (a) If what you have bought is misdescribed you may have a legal right to end the contract; (b) If you want to end the contract because of something we have done or have told you we are going to do; (c) If you have just changed your mind. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; (d) In all other cases (if we are not at fault and there is no right to change your mind).
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any classes which have not been provided. The reasons are:(a) we have told you about an upcoming change to the class or these terms which you do not agree to (see clause 6); (b) we have told you about an error in the price or description of the class you have registered for and you do not wish to proceed;(c) there is a risk that supply of the classes may be significantly delayed because of events outside our control; (d) we have suspended supply of the classes for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or(e) you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most classes bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Skadoosch to our customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to misdescribed classes:
Right under the Consumer Contracts Regulations 2013. 14 day period to change your mind.
How our goodwill guarantee is more generous. 21 day period to change your mind.
How long do I have to change my mind? How long you have depends on what you have registered for and how it is delivered. (a) You have 21 days after the day we email you to confirm we accept your registration. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started providing the classes, you must pay us for the classes provided up until the time you tell us that you have changed your mind. (b) If you bought digital content for download or streaming you have 21 days after the day we email you to confirm we accept your registration, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when registering, you will not have a right to change your mind.
Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed. A contract for digital content is completed when the it is downloaded or streamed and paid for. A contract for participation in classes is completed when we have finished providing the classes and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us.
9. How to End the Contract with Us (Including If You Have Changed Your Mind)
Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on +44 7 568 328 806 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the registration and, where available, your phone number and email address.
How we will refund you. We will refund you the price you paid for the classes by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind. We may deduct from any refund an amount for the classes provided for the period for which supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been provided, in comparison with the full coverage of the contract.
When your refund will be made. We will make any refunds due to within 14 days of your telling us you have changed your mind
10. Our Right to End the Contract
We may end the contract if you break it. We may end the contract for classes at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the classes; and (c) you, or a child you are responsible for, do not comply with our class rules, or act in an inappropriate way during or leading up to a class.
We may withdraw the class. We may write to you to let you know that we are going to stop providing the class. We will let you know at least 24 hours in advance of our cancelling the class and will refund any sums you have paid in advance for class which will not be provided.
11.Price and Payment
Where to find the price. The price of the class(es) (which includes VAT) will be the price indicated on the registration pages when you placed your registration, or as discussed via the phone. We take all reasonable care to ensure that the price of the classes advised to you is correct.
When you must pay and how you must pay. We accept payment with most major credit and debit cards. Payment is due in full when you register for a class.
12. Our Responsibility for Loss or Damage Suffered by You
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights.
We are not liable for business losses. We only supply the classes for domestic and private use.
13. How We May Use Your Personal Information
14. Other Important Terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the classes, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the classes in the English courts. If you live in Scotland you can bring legal proceedings in respect of the classes in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the classes in either the Northern Irish or the English courts.