Unicycle Academy and Community
DEFINITIONS
Specified Goods means Goods which have been subject to work or process to your specific order.
INTERPRETATION
Unless the context clearly requires otherwise, the interpretation of this Contract shall be subject to the matters listed below.
OUR CONTRACT WITH YOU
This Contract contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
These Terms and Conditions shall be incorporated into the Contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any communication from the customer or implied by custom or practice. Other terms and conditions are expressly rejected by the Company.
Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
If you use Our Website in any way and purchase services or goods on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. We advise you to print a copy for your records.
SERVICES
BOOKING CONDITIONS
FEES
Security of your credit card
We take care to make Our Website safe for you to use.
Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
GIFT VOUCHERS
AMENDMENTS BY THE CUSTOMER
Amendment of Course or Course date
A Customer may apply, in writing, to change Course or Course dates as long as the original booking is more than ten Office days from the date of the request. The Company reserves the right to deny an amendment to the Course or Course date.
Substitution of participants
Substitution of the original Customer for another can be made, in writing, provided at least ten Office days notice is given by the original Customer to the company and the substituting student satisfies the pre-requisites of the course and provides the Participant Information Form and signed Activity Risk Waiver. All substitutions must be made with the consent of the Company with both the substituted and substituting customer being jointly and severally liable for the total Course.
CANCELLATION BY THE CUSTOMER
All cancellations must be made in writing and sent either by post or email. The Company will acknowledge a cancellation as soon as is practically possible.
Cancellation outside ten Office days of the Course
In the event of cancellation by the Customer more than ten Office days ahead of the Course date, Customers will be offered an account credit to the value of any payments (cash or voucher) which may then be used against the purchase of future advertised events.
Cancellation within ten Office days of the Course
Where cancellation takes place within ten Office days of the commencement date of the Course the customer will be charged the full Course fee.
CANCELLATION BY THE COMPANY
Whilst every attempt is made to ensure that Courses/ activities actually run, the Company will notify the Customer of cancellation as soon as practicable where it believes on reasonable grounds that cancellation is necessary due to dangerous and/or unsuitable conditions for the Course/activity.
The Company will notify the Customer of cancellation as soon as practicable where participant numbers, as a result of either Customer(s) cancellation or booked numbers, have failed to reach a workable minimum.
The Company shall not be liable for any travel, accommodation or other fees that may have been incurred by the Customer as a result of cancellation of the Course.
In the event of cancellation by the Company, Customers will be offered the choice of the following options:
Guidance | Insurance Cover
We strongly recommend that you take out travel and activity insurance to cover cancellation (for example due to illness or injury), curtailment, personal accident, public liability, medical and emergency expenses and your personal belongings whilst on your course. You should note that many travel insurance policies exclude cover for certain sporting activities, you should carefully check the terms of any proposed insurance policy to ensure that it meets your requirements.
UNICYCLE & EQUIPMENT HIRE
Customers hiring unicycles and/or other equipment from the Company agree to the following additional terms and conditions:
Basis of charging
Charges and commencement dates are as stated on your booking and charges include Saturdays, Sundays and Public holidays until the Equipment is returned.
By completing a booking, you will be charged for the hire period you have specified in advance. Any extra period may be settled at the return of the Equipment/unicycles. If the Equipment/ unicycles are returned during normal closed hours if there are extra charges he/she/you authorizes the Company to debit the amount due from the credit/debit card Company for settlement.
Time for payment and VAT
The Customer will pay all monies due, including VAT where applicable, on demand. The Customer will be liable for any reasonable legal charges incurred by The Company in the recovery of the amounts due.
Damage or loss costs
The Customer will pay for Equipment loss. Severe damage or Equipment loss will result in charging full replacement costs. Hire charges will accrue until settlement is made. The Customer will also pay the cost of repairing damaged Equipment beyond normal wear and tear.
This includes buckled wheels, as well as any crash damage, significant scratches, dents, plus breakages of any component that requires replacement for it to function correctly. We do not aim to make a profit from damages, only to cover the cost of the parts and workshop time. Parts are charged at cost, and labour at our standard rate.
The Customer will examine the Equipment or goods at physical hand-over to ensure satisfaction, any defects of the Equipment must be drawn to the Company’s attention at this time.
Security of Equipment
The Customer assumes responsibility for the Equipment and undertakes not to sell, rehire or part with possession, alter, repair or modify it in any way.
Lost or Stolen Equipment
The Customer agrees to insure the Equipment against all risks on a new for old basis with any claim, settlement receipts from an insurance company or other source being held in trust for payment on demand. This liability is without prejudice to any Company’s rights under the contract. Equipment purchased to replace lost or stolen items/Equipment is the property of the Company.
Maintenance of Equipment, and breakdown procedures
The Customer is responsible for safety, safe use, serviceability and cleanliness of the Equipment throughout the hire period and must immediately notify any breakdown or shortcomings to the Company without attempt of repair.
Signatories Warranty
The signatory warrants that he/she, authorized by the Customer, enters into The Contract and assumes indemnities against all losses and costs incurred if such authority is misrepresented.
HEALTH
Customers participating in Courses/activities must expect to be involved in adventurous and sometimes strenuous activities. Although prior experience and/or training is not necessary on all the Courses/activities Customers are expected to be of good general health. If the Customer is in doubt about their capability to participate in the Course/activity, they should contact the Company before completing the booking process.
A Medical Declaration must be completed on the day of the Course/activity. All prior injuries and/or serious illnesses must be declared. The Customer must satisfy him/herself that taking part in the Course is within his/her own capabilities and fully agree to the terms and conditions outlined in the Activity Risk Waiver.
The Company reserves the right to refuse any participation in the Course/activity on medical grounds if it is considered to be detrimental to the safety and smooth running of the Course. The Company cannot be held responsible for any issues arising from participants not meeting the Course’s minimum fitness standards once the Course has commenced and reserve the right to exclude Customers not meeting these standards without liability for compensation to the Customer.
COURSE PREREQUISITES
In addition to being physically capable of participating in the Course, participants must also satisfy the prerequisites of the course as advertised on our web site on the specific Course page. This includes meeting a minimum skill and experience level. Participants not meeting these standards should consider another more suitable Course. The Company reserves the right to refuse a booking on participant skill or experience grounds if it is considered to be detrimental to the safety and smooth running of the Course. The Company cannot be held responsible for any issues arising from participants not meeting the Course’s minimum standards once the Course has commenced and reserve the right to exclude Customers not meeting these standards without liability for compensation to the Customer.
DIETARY REQUIREMENTS
Any special dietary requirements must be notified to the Company at the time of booking, the Company cannot accept responsibility for not being able to deliver special dietary needs at short notice.
SAFETY REGULATIONS
Outdoor adventurous activities take place in varied natural environments where there are natural hazards and risks to manage. Every effort will be made by the company’s staff to provide realistic training in a safe manner. Customers participating in Courses are expected to comply with minimum Equipment standards and all safety guidance and instructions given by the Company and its staff. This includes adequately and honestly completing Participant Information Forms and Health and Experience Declarations. Failure to follow these instructions may result in the Customer(s) being excluded.
UNRULY BEHAVIOUR
Behaviour that disrupts the smooth running of an event/activity/Course may result in the disruptive Customer(s) being excluded. Any damage caused to property or Equipment as a result of unruly behaviour will be charged for.
EXCLUDED CUSTOMERS
Persons excluded from an event/activity/Course due to unruly behaviour or by failing to follow safety regulations and directions forfeit any right to a refund of fees paid to the Company and also compensation for any travel, accommodation or other fees that may have been incurred by the Customer.
EQUIPMENT
The Customer is responsible for the safekeeping of all Equipment issued for use during the activity/Course. With the exception of fair wear and tear the Company reserves the right to charge for equipment that has been lost or misused.
PERSONAL PROPERTY
Property belonging to the Customer is at all times the responsibility of the Customer unless any loss or damage is due to any negligence by the Company or it’s representatives.
COMPLAINTS
If the Customer encounters any problem or difficulty the Company will try to resolve them as soon as possible. In the first instance, the Customer should report anything to the course/activity coach/guide. If your complaint is not resolved to your satisfaction, please write to the General Manager at: [email protected]. Your concerns will be dealt with within 28 days of writing.
FORCE MAJEURE
The Company shall have no liability whatsoever in respect of any delay or failure in delivery of any of the Courses/shows or of any of the Company’s other obligations due directly or indirectly to any cause whatsoever outside the reasonable control of the Company including but not limited to act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather or energy supplies.
LIMITATION OF LIABILITY
The Company limits its liability to the maximum extent permitted by law as follows;
INTELLECTUAL PROPERTY
Copyright and all other intellectual property rights in the products and services shown in the Company’s price lists, brochures and other literature shall remain at all time the property of the company. The Customer shall acquire no rights in the products and services except as expressly provided for in these terms and conditions.
PHOTOGRAPHS
From time to time, photographs and video footage taken on Courses/activities may appear in the Company’s promotional material. If Customers do not wish to be photographed or filmed, please raise this when booking your Course/activity.
GOODS
Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available.
The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
Acceptance of your order
This paragraph applies to Goods which you buy from us as advertised, without change to your specific requirements.
Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of your offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason. At any time before the Goods are dispatched, we may decline to supply the Goods to you without giving any reason.
If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
Extra Work and approval of Proof / Sample
This paragraph applies to Specified Goods.
Our contract to supply Specified Goods is a contract for both the supply of Goods and the Extra Work you have asked us to do.
Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, giving you details of our understanding of your exact requirements. At any point up until then, we may decline your order without giving any reason. From that time, we are both bound to these contract terms.
Within 7 days of entering into this contract we will submit proofs to you for approval.
If you wish to make any change to the specification of the Extra Work, you must pay us the sum we estimate that the change will cost us, based on our then current charging rates.
If you terminate this agreement before the Specified Goods are complete, you agree to pay us for all of the Extra Work to the date of cancellation by you. In addition you will pay us a mark-up of 30% of the total cost of Extra Work.
Prices
Prices of Goods are shown on Our Website.
It is possible that the price may have increased from that posted on Our Website. If that happens, we will not dispatch the Goods until you have confirmed that you wish to buy at the new price.
Payment
We will not split an order. We require the full price of your order before we will send any part of it.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Pounds Sterling will be borne by you.
Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
Security of your credit card
We take care to make Our Website safe for you to use.
Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
Cancellation and refunds
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
The following rules apply to cancellation of your order:
If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
We will return your money subject to the following conditions:
The option to cancel your order is not available:
You are responsible for the cost of returning the Goods. We have no obligation to refund you your cost of re-packing and returning the Goods.
In any of the above scenarios, we will return your money within 14 days.
Liability for subsequent defects
Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.
The procedure to return the faulty Goods is as follows:
We will return your money subject to the following conditions:
If any defect is found, then we shall:
Delivery
Goods are delivered within 30 days from the day you place an order to purchase the Goods.
Delivery of Goods will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
We may deliver the Goods in instalments if they are not all available at the same time for delivery.
Goods are sent at our risk until signed for by you or by any other person at the address you have given to us unless you have instructed us in the order process that you wish us to leave the Goods without an acceptance signature (for example: “leave it in the garage”).
Goods are sent by post. We will send you a message by email to tell you when we have dispatched your order.
Goods are at your risk from the moment they are picked up by the carrier from our premises.
All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
Signing “Unchecked”, “Not Checked” or similar is not acceptable.
If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
Some Goods may be delivered directly from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
Some Goods may have delivery times that are slightly longer. In this case, approximate delivery dates will be given when you place your order.
Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
Orders from abroad
We are only accepting orders for Goods from within the UK.
Goods returned
These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:
We do not accept returns unless there was a defect in the Goods at the time of purchase, the Goods do not fit properly, or we have agreed in correspondence that you may return them.
So far as possible, Goods should be returned:
The procedure for return of Goods is as follows:
If you do not follow this procedure, we may be unable to identify you as the sender of the Goods.
Please note in particular that we cannot deal with your complaint unless you return the entire Goods that you bought: that is to say, with all components and parts and in the original packaging.
In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.
If we agree that the Goods are faulty, we will:
If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
Waste Electronic and Electrical Equipment Regulations 2013
These regulations provide that suppliers like high street shops and internet retailers must allow Consumers to return their waste equipment free of charge.
Our obligation is to take back from you any electronic or electrical product when you buy a replacement product for similar use.
If you wish to take advantage of this service, you must return your waste item within 28 days of buying your new one. You must pay the carriage cost to us.
DATA PROTECTION
Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 and can be found here: https://unicycleskills.com/privacy-policy/.
The personal information requested by the company at the time of booking plus any subsequent information is held in its original form and on computer. The information is required to assist the Company, employees, agents and sub-contractors to deliver the Course/activity/show and in maintaining the company’s high standards of delivery. By providing us with the information to process your booking you are agreeing that the information can be kept and accessed by authorised company personnel. Contact details will be used to advise you of future offers either by post or email. If you do not want to receive future mailings please advise us.
Your Posts and Content
Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall cooperate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
Removal of offensive Content
For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
If you are offended by any Content, the following procedure applies:
Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
Your account with us
DISCLAIMERS
The law differs from one country to another. This paragraph applies to sales in the UK.
All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
We make no representation or warranty for:
You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
We shall not be liable to you for any loss or expense which is:
This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.
INDEMNITY
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
Intellectual Property
Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
MISCELLANEOUS MATTERS
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
APPLICABLE LAW
The Contract will be governed by the laws of England any dispute will be dealt under the jurisdiction of the courts of England and Wales. The statutory rights of the Customer are not affected by the above.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered: |
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This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute between a party and its employees.
In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
Notice of right of cancellation: Right to Cancel and Model Cancellation Form
Information about your statutory right to cancel
Your right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.
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