These Terms (“Terms”), as may be amended by us from time to time, set out your (“you” or “User”) rights and obligations and those of RM Planning Limited trading as Skadoosch (“Skadoosch”, “us”, “we” or “our”) in relation to access to and use of our online services available either through our website www.skadoosch.com (“Website”), mobile application or our Services (defined below) provided either online, by email, by telephone or through any other means or platforms (collectively the “Interface”).
By accessing, browsing or using our Interface or by submitting your details to us or by registering with us, you acknowledge and agree that you have read, understood and agreed to be legally bound to these Terms. If you do not agree to any part of these Terms, please do not use our Interface.
By accessing or using our Interface, you warrant that you are at least 18 years old and legally capable of being a party to a contract. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
1.1 Who we are. We are RM Planning Limited, trading as Skadoosh, 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. 1.2 How to contact us. You can contact us by telephoning our customer service team at 07568 328 806 or by writing to us at firstname.lastname@example.org. 1.3 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 provided to us. In these Terms "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2.1 Booking a reservation made between a User and a Host made on any terms agreed between User and Host following a Booking Enquiry. 2.2 Booking Enquiry a message sent to a Host through our Interface either by yourself or by a Skadoosch Agent on your behalf in order to ask for a quote, describe any preferences, ask a question about or show interest in an Event made available for Booking. 2.3 Content all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files). 2.4 Event any session, class, activity or program provided by a Host that has made available for Bookings through our Interface. 2.5 Host a personal trainer/ instructor, health, fitness or wellbeing professional or business who is advertising services through the Interface. 2.6 Interface our Website, mobile application and Services through which Users (defined below) may learn about Events and make Bookings with the Hosts that have created Profiles and published their Event on our Interface for the purposes of making them available for Bookings. 2.7 Profile web pages describing details of a Host and Event that were made available for Bookings through our Interface. 2.8 Skadoosch Account an account created following a registration with our Interface. 2.9 Skadoosch Agent any employee, representative or service provider to Skadoosch. 2.10 User of you a person or a legal entity who has submitted required details or completed a registration with our Interface for the purposes of finding an Event, sending Booking Enquiries and making a Booking with a Host. 2.11 Your Content any material that you submit to our Interface for storage or publication on, processing by, or transmission via our Interface.
3.1 Skadoosch provides an online Interface that introduces Users who wish to learn about potential Events and make Bookings with the Hosts that have created Profiles and published their Events on our Interface for the purposes of making them available for Bookings (“Services”). Skadoosch may provide Services either online, by email, by telephone or through any other means. 3.2 Users make Bookings directly with Hosts. Skadoosch acts only as a market place and facilitator to help advertise Events and refer Users to Hosts. Any contract, arrangement or agreement is between you and a Host. Skadoosch is not a party to nor liable under any contract, arrangement or agreement entered into between Host and User, nor is Skadoosch a contracting agent or insurer. 3.3 Through our Interface, you can view details about Events and Hosts and send Booking Enquiries. 3.4 You can find Events by browsing Hosts who have registered with us and published their Profiles. 3.5 If you wish, you may also contact us at email@example.com so that a Skadoosch Agent can suggest a potentially suitable Event or Host for you. In doing so, a Skadoosch Agent will take into account your preferences and requirements. 3.6 When a Host replies to a Booking Enquiry and confirms availability, you will receive an invitation to make payment to confirm the Booking. 3.7 Skadoosch may contact you at any time after you have received a reply to a Booking Enquiry to ask about the status of a Booking Enquiry or a Booking made through our Interface.
4.1 Skadoosch’s service is free to Users. We do not charge you any fees for our services and we do not add any administration or booking fees. 4.2 If you wish to book any Event made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. 4.3 You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. 4.4 By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
5.1 When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. 5.2 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. 5.3 You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account. 5.4 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
6.1 Skadoosch provides Users with the ability to provide feedback about a Host and/or an Event following a Booking through our Interface. Feedback will not be altered by Skadoosch and will be published on our Website as it was submitted to us once a Skadoosch Agent has checked it for any inappropriate material or language. 6.2 The reviews that you submit to us for publishing on you Interface are subject to Sections 7 and 8.
7.1 You warrant and represent that your Content will comply with these Terms. 7.2 Your Content must not be illegal or unlawful, must not infringe any person's legal rights or any other terms and conditions, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). 7.3 Your Content must be accurate (where you provide facts), truthful, non-misleading and reflect an opinion that you genuinely hold. 7.4 Your Content, and the use of your Content by us in accordance with these Terms, must not i) be libellous or maliciously false; ii) be obscene or indecent; iii) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; iv) infringe any right of confidence, right of privacy or right under data protection legislation; v) constitute negligent advice or contain any negligent statement; vi) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; vii) be in contempt of any court, or in breach of any court order; viii) be in breach of racial or religious hatred or discrimination legislation; ix) be blasphemous; x) be in breach of official secrets legislation; xi) be in breach of any contractual or confidentiality obligation owed to any person; xii) depict violence, in an explicit, graphic or gratuitous manner; xiii) be pornographic, lewd, suggestive or sexually explicit; xiv) be untrue, false, inaccurate or misleading; xv) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; xvi) constitute spam; xvii) be offensive, defaming, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, embarrassing, discriminatory or inflammatory; xviii) cause annoyance, inconvenience or needless anxiety to any person; or xix) be provided with an intention to impersonate any other person, misrepresent your identity or your affiliation with any person or to give a false impression that your Content comes from other person. 7.5 Skadoosch has no obligation to search for, scan, check, review, modify or remove any Content that breaches these Terms. However, if Skadoosch finds such Content in breach of these Terms or law, we may modify or remove such Content.
8.1 Skadoosch does not claim ownership of your Content. However, you grant to us a worldwide, irrevocable, non-exclusive, perpetual, royalty-free licence to: i) use, reproduce, store, adapt, publish, translate and distribute your Content in any existing or future media; ii) reproduce, store and publish your Content on and in relation to this Interface and any successor Interface; iii) reproduce, store and, with your specific consent, publish your Content on and in relation to this Website; iv) manage, edit, adapt, and improve your Content you created on our Interface; and v) use your Content that you provided to us or that you made publicly available for our own marketing, advertising and commercial purposes. 8.2 You grant to us the right to sub-license the rights licensed under Section 8.1. 8.3 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.1. 8.4 You hereby waive all your moral rights in your Content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your Content have been waived to the maximum extent permitted by applicable law.
9.1 You may do the following unless we revoke our permission to you: 9.1.1 view pages from our Website in a web browser; 9.1.2 download pages from our Website for caching in a web browser; 9.1.3 print pages from our Website; 9.1.4 stream audio and video files from our Website; and 9.1.5 use our Website services by means of a web browser, subject to the other provisions of these Terms. 9.2 Except as expressly permitted by Section 9.1 or other provisions of these Terms, you must not download any material from our Website or save any such material to your computer for commercial purposes. 9.3 You may only use our Interface for your own personal purposes, and you must not use our Interface for any other purpose without our prior written consent. 9.4 Unless you own or control the relevant rights in the material, you must not: i) republish material from our Website (including republication on another Website); ii) sell, rent or sub-license material from our Website; iii) reproduce, duplicate, copy or otherwise exploit material from our Website for a commercial purpose; or iv) redistribute material from our Website. 9.5 You may redistribute our email promotions in print and electronic form to any person. 9.6 We reserve the right to restrict access to areas of our Website, or indeed our whole Interface, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Interface. 9.7 Skadoosch reserves the right, in our sole discretion, at any time: i) to rectify any errors or oversights in any portion of our Interface; ii) to make any changes or improvements to our Interface’s features, components, Content and functionality; or iii) edit or delete any document or Content on our Interface.
10.1 You must not, at any time: use our Interface in any way or take any action that causes, or may cause, damage to the Interface, or impairment of the performance, availability or accessibility of the Interface; 10.1.2 use our Interface in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; 10.1.3 use our Interface to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; 10.1.4 access or otherwise interact with our Interface using any robot, spider or other automated means; 10.1.6 violate the directives set out in the robots.txt file for our Interface; 10.1.7 use data collected from our Interface for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing). 10.2 You must not use data collected from our Interface to contact individuals, companies or other persons or entities except for as required for us to provide the Services.
11.1 Skadoosch may at any time in our sole discretion without notice or explanation: 11.1.1 suspend your account; 11.1.2 cancel your account; and/or 11.1.3 edit your account details. 11.2 You may cancel your Skadoosch account at any time using your account control panel on the Website. 11.3 Without prejudice to Sections 11.1 and 11.2 above, termination, cancellation or suspension of your Skadoosch Account or and temporary hiding your Profile from public view does not discharge you from any obligations you have undertaken under the contract governed by these Terms, including but not limited to your obligation to pay us Commission that becomes or is capable of becoming due.
12.1 If you noticed any activity violating any provision of these Terms while using our Interface, please contact us at firstname.lastname@example.org.
Subject to these Terms, Skadoosch grants Events and Users a non-exclusive, non-transferable, revocable license to download and use our mobile application, in object code form only, on compatible mobile devices, solely to support Host’s and User’s permitted use of our Interface and Services. All relevant terms and conditions and any usage rules set out by the app store you download our mobile application from will apply and you warrant and confirm you have read and agreed those third party app store terms and conditions in addition to these terms.
14.1 14.2 The Host is solely responsible for, and to the maximum extent permitted by applicable law, Skadoosch excludes all liability and responsibility for: 14.2.1 accuracy of all descriptive information and photos, including but not limited to address, prices, availability, capacity, facilities, type of the Events and any other Content a Host posts including Host qualifications, experience and expertise; 14.2.2 services a Host or its business partners render or products a Host or its business partners offer; 14.2.3 safety measures in any Event; 14.2.4 ensuring that Event booked through our Interface is of satisfactory quality or is reasonably suitable for intended purpose; 14.2.5 User and/or Host’s own acts and omissions, and acts or omissions of individuals working for or are otherwise present at an Event; 14.2.6 compliance with any applicable laws, rules and regulations;14.2.7 compliance with any agreements a Host entered into with any third parties; and 14.2.8 all activities that a Host conducts with the assistance of our Services.14.3 Skadoosch are not responsible for mediation or the enforcement of any obligations arising from a contract between you and a Host. 14.4 Skadoosch cannot and does not guarantee and is not responsible for truthfulness or accuracy of identities of Users or agents of Host’s or the Content Users or Hosts submit to our Interface or provide to us. 14.5 Skadoosch will not be responsible or liable for any damage or losses which you sustain as a result of any Booking Enquiry made through our Interface or a Booking made following a Booking Enquiry including without limitation business interruption any loss of business, income, revenue, profits, contracts, commercial opportunities, anticipated savings or any other benefit, data, information, office time or waste of resources however arising and whether foreseeable or not and whether caused by tort (including negligence), breach of contract, legal action or otherwise.14.6 Neither Skadoosch nor our affiliates, parents, subsidiaries, directors, employees, officers or agents shall be liable, including without limitation, for: 14.6.1 any business losses, including (without limitation) business interruption, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, goodwill or any other benefit, reputation, claim, office time or waste of resources; 14.6.2 any loss or corruption of any data, database or software; 14.6.3 any damage to your device which is used to access or use our Interface;14.6.4 costs of substitute products or services; 14.6.5 any special, indirect, incidental, exemplary, consequential or punitive loss or damage; 14.6.6 service interruption or system failure 14.6.7 damage to property, personal injury or bodily injury, death or emotional distress;whether foreseeable or not, whether Skadoosch has informed about the possibility of such damage or not, whether caused by tort (including negligence), breach of contract, legal action or otherwise, arising directly or indirectly out of or in connection with, without limitation: 14.6.8 these Terms; or 14.6.9 access or use or inability to access or use or a delay of our Website, mobile application, Services or Content; or 14.6.10 any communication or interactions with Users or Hosts registered with us or other persons with whom you communicate or interact as a result of your use of our Interface; or 14.6.11 submitting your details to us, registering with us or creating your Skadoosch Account, publishing your Content, sending Booking Enquiries, receiving responses to them, or making Bookings through our Interface; or 14.6.12 any interruptions in our Interface or Services; or 14.6.13 viruses or any other harmful components picked up by accessing or using our Website or mobile application or any website, application, tools or services that are linked to our Website or mobile application; or 14.6.14 any defects, errors, inaccuracies, hitches, malfunctions of any kind in our Website, mobile application, content or graphics; or 14.6.15 any inaccuracy in information or content made available through our Interface; or 14.6.16 suspension, termination, ban or other action taken with respect to your Skadoosch account; or 14.6.7 duration or appearance of your Content; or 14.6.18 your need to revise, adjust, amend or update your Content, or change your conduct or your inability to use our Services as a result of any amendments made to these Terms or our policies, subject to Section 20.3 (Amendments). 14.7 Any review that a User posts on our Website is a subjective opinion of a relevant individual only. Although we will use reasonable endeavours to monitor the Content of these reviews, neither Skadoosch nor our affiliates, parent, subsidiaries, directors, employees, officers or agents shall be responsible for content, objectivity, reliability or the truthfulness of such reviews. If you have any concerns regarding the content of any review, contact us at email@example.com. 14.8 Nothing in these Terms will:14.8.1 limit or exclude any liability for death or personal injury resulting from negligence; 14.8.2 limit or exclude any liability for fraud or fraudulent misrepresentation; 14.8.3 limit any liabilities in any way that is not permitted under applicable law; or 14.8.4 exclude any liabilities that may not be excluded under applicable law. 14.9 The limitations and exclusions of liability set out in this Section 14 and elsewhere in these Terms: are subject to Section 14.8 and govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. 14.10 You accept that we have an interest in limiting the personal liability of our employees, officers and directors and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our employees, officers and directors in respect of any losses you suffer in connection with the Interface or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
15.1 Although we will do our best to preserve safety and smooth functioning of our Interface, we do not guarantee, warrant or represent: i) the accuracy, completeness or timelines of the information published and made available through on our Website, application or Services; ii) that the Website, application or any our Service will remain available; iii) that access to or operation of our Interface will be free from interruption or interference; iv) that our Interface will be free from errors, viruses or any other harmful components, or that such defect will be fixed. 15.2 Reviews, comments, Event and Space description and any other information or material posted through our Interface is not intended as advice and should not be relied upon. Skadoosch cannot and does not guarantee and is not responsible for truthfulness or accuracy of the Content the Events or Users submit to our Interface or provide to us. Skadoosch excludes all responsibility and liability related to any Host or User Content to the maximum extent allowed by applicable law. All Bookings will be made and any content will be used at your own risk. 15.3 Skadoosch does not warrant, guarantee or represent that any Event booked through our Interface is of satisfactory quality or is reasonably suitable for intended purpose. Skadoosch excludes all responsibility and liability in this respect to the maximum extent allowed by applicable law. 15.4 We reserve the right to discontinue or alter any or all of our Services, and to stop publishing our Website or our mobile application, at any time in our sole discretion without notice or explanation; and save to the extent that these Terms expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any our Services, or if we stop publishing the Website our mobile application. 15.5 To the maximum extent permitted by applicable law, we exclude all representations, warranties, terms and conditions, express or implied, in relation to the subject matter of these Terms, our Interface and the use of our Interface. 15.6 Each of us acknowledge that in entering into contract under these Terms, neither you nor Skadoosch will rely on any representation, statement, assurance or warranty (“Representation”) of any person, unless such Representation is expressly laid out in these Terms. The only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract the terms of which are provided in these Terms and Conditions.
16.1 The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service. 16.2 Events of a fitness or sporting nature may be physically challenging. This carries with it risks that cannot be entirely eliminated by the Host.16.3 User agree to the following rules, in additional to any rules provided by the Host: 16.3.1 You must act responsibly and sensibly at all times. 16.3.2 You must not participate if you are pregnant or under the influence of alcohol or non-prescription drugs. 16.3.3 You must follow any safety warnings or instructions displayed or given to you by a Host or member of staff. 16.4 Neither we or the Host are qualified to express an opinion that you are fit to safely participate. You must obtain professional or specialist advice from your doctor before participating. 16.5 In the absence of any negligence or other breach of duty by Host, participation in an Event is entirely at your risk. 16.6 You are responsible for using any equipment safely and as directed. You must behave sensibly and follow any safety instructions so as not to hurt or injure yourself or others. 16.7 In the absence of any negligence or other breach of duty by Host, the use of machinery, equipment or facility is entirely at your own risk.
17.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may: i) send you one or more formal warnings; ii) temporarily suspend your access to our Interface; iii) permanently prohibit you from accessing our Interface; iv) block computers using your IP address from accessing our Website; v) using your account, block your access and use of our application; vi) contact any or all your internet service providers and request that they block your access to our Interface; vii) commence legal action against you, whether for breach of contract or otherwise; and/or viii) suspend or delete your account on our Interface. 17.2 Where we suspend or prohibit or block your access to our Website or a part of our Website, mobile application or Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
18.1 Our Website and mobile application include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations or endorsements by Skadoosch. 18.2 We have no control over third party Websites and their contents, and we accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. 18.3 Our Interface implements services of Google Maps/Earth as well as Google Maps API(s). Your use of Google Maps/Earth is determined by Google Maps/Earth in their own terms and conditions of use.
19.1 You agree to indemnify and hold Skadoosch, its affiliates, parents, subsidiaries, partners, employees, directors, officers or agents harmless from and against any claims, liabilities, losses, damages, expenses and costs, including but not limited to reasonable legal fees, arising out of or in connection with any breach by you of these Terms or use of our Interface and our Services.
20.1 Notices. The notices, requests and other communication shall be made by Skadoosch in writing. All notices shall be given by Skadoosch either by electronic mail or by post using the contact details you have provided to us or by posting a notice to our Website. All notices posted to our Website shall be effective immediately upon being posted on our Website unless we state otherwise. All notices shall be effective upon (i) receipt of the notice or (ii) 1 business day after an email was transmitted or 3 (three) days after mailing within the United Kingdom suing first class postage, whichever occurs earlier. 20.2 No Waiver. Unless expressly notified in writing and signed by a duly authorised Skadoosch representative, our failure to enforce any right or your strict performance of any provision of these Terms will not constitute a waiver of our right to enforce such provision or our right in future. 20.3 Amendments. We may revise these Terms from time to time to incorporate variations such as legislative, regulatory or technological developments, new functionalities or features of our Interface as well as changes in our Service or other relevant changes. The revised Terms shall apply to the use of our Interface and Services from the date of publication of the revised Terms on the Website. You should check this page occasionally to ensure you agree with any changes to the Terms. We may also notify you of changes to these Terms by email or through the private messaging system on our Website although we are not required to do so. By continuing to use our Interface you agree to be bound by the latest modified Terms. In case any changes to our Terms or policies are required by applicable law, they will apply to Profiles you have already published. If you do not wish to agree to the changed Terms, then it will not be possible for us to provide you our Interface and you will need to deactivate your Skadoosch Account or request that we deactivate it for you be contacting firstname.lastname@example.org. 20.4 Severability. If a provision of a contract under these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of a contract under these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 20.5 Third Party Rights. A contract under these Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under a contract under these Terms is not subject to the consent of any third party. 20.6 Entire Agreement. These Terms together with our Privacy and Cookies Policy www.skadoosch.com/privacy-policy, shall constitute the entire agreement between you and us in relation to your use of our Interface and Services and shall supersede all previous agreements between you and us in relation to your use of our Interface and our Services. 20.7 Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with English law. Any disputes relating to a contract under these Terms shall be subject to the exclusive jurisdiction of the courts of England.