Terms & Conditions
This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of our subscription Services (Services) listed on our website (our site) to you. These Terms will apply to any contract between us for the sale of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in it. Please click on the button marked “I Accept” if you accept them. If you refuse to accept these Terms, you will not be able to order any Services from our site. You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us 1.1 We operate the website martialartsunlimited.net. We are Gilliland Martial Arts Academy, 4 Spencer Street, Leamington Spa, Warwickshire, CV31 3NF. This address is also our main trading address. 1.2 To contact us, please see our Contact Us page. 2. Our Services 2.1 We reserve the right to refuse orders for the Services at our discretion.
2.2 The Services will start immediately and you therefore agree that your right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000 (please see clause 8 below) is excluded.
2.3 The use of the teaching and demonstration materials on our site will involve you in physical exertion. Anyone who is pregnant, suffering from a medical condition or in doubt as to their physical condition should seek expert medical advice prior to using the materials on our site. In any event it is essential that you wear suitable clothing for the activities in question and that the area or room being used allows adequate space for the exercises to be used without injury. You must also follow the warm up exercises and warm up advice contained within the website before commencing any other activity.
2.4 The martial arts techniques shown on our site are intended only for use as self-defence and for the purposes of improving health and fitness. You agree that you will not use the techniques shown on our site for any illegal or immoral purpose.
2.5 Whilst every care has been taken in the creation of the materials on our site we cannot guarantee that you will become proficient in the use of these techniques and nor can we guarantee that these techniques will be used successfully in the event of an attack upon you.
2.6 We reserve the right to change, update or amend the video and written materials on our site at our discretion. Although we make every effort to ensure that the site is accessible at all times such access cannot be guaranteed for events beyond our control (please see clause 13 below).
2.7 All Services shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Service you have ordered is not available and we will not process your order if made.
2.8 All the video and teaching resources contained on our site are copyright protected. You may not publish, transmit, copy, reproduce or sell any of these resources without our express written permission. Any breach by you of this clause will result in the immediate termination of your access to the site and the Services.
2.9 You may cancel the Services by [set out procedure]. Your right to access the Services will then end [at the end of the month in which notice of cancellation is received by us]. PLEASE NOTE that it is your responsibility to cancel any monthly subscriptions you may have put in place via your PayPal account or Credit or Debit card. We will not cancel such subscription on your behalf.
2.10 Any non-payment of the monthly subscriptions will result in the immediate termination of your access to the site and the Services.
3. Use of our site 3.1 Your use of our site is governed by our Acceptable Use Policy . Please take time to read this as it includes important terms which apply to you. 3.2 We expressly reserve the right to suspend your access to the forums upon our site in the event that you:
(a) post illegal, immoral and/or abusive content on those forums; and/or
(b) use the forums for advertising purposes.
4. If you are a consumer This clause 4 only applies if you are a consumer. 4.1 If you are a consumer, you may only purchase Services from our site if you are at least 18 years old.
4.2 Parents or guardians may purchase Services on behalf of their children provided that the child in question is at least 16 years of age. Further parents or guardians purchasing Services for children below the age of 18 but above the age of 16 agree to supervise their child’s use of the Services. Our
Services are not appropriate for children below the age of 16 years and by accepting these Terms you agree that you will not allow any child below the age of 16 to access the Services.
4.3 As a consumer, you have legal rights in relation to Services that are not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. If you are a business customer This clause 5 only applies if you are a business. 5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Services.
5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
6. How the contract is formed between you and us 6.1 For the steps you need to take to place on order on our site, please see our F.A.Q.
6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.3 After you place an order, you will be taken to an order screen which contains your order summary and a link to these Terms. You must click to indicate you have read and understood and agreed to these Terms before proceeding further. Your payment will then be taken. Our acceptance of your order will take place as described in clause 6.4.
6.4 We will confirm our acceptance to you by sending you an e-mail (E-mail Confirmation). The Contract between us will only be formed when we send you the E-mail Confirmation. The Services will ordinarily start as soon as you receive the E-mail Confirmation.
6.5 If we are unable to supply you with a Service, for example because that Service is no longer available we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.
7.0 Our right to vary these terms 7.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements.
7.2 Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. Your consumer right of Cancellation and refund This clause 8 only applies if you are a consumer. 8.1 You agree that access to the services on our site will start immediately. As such the legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.2 WILL NOT APPLY. Advice about your legal right to cancel under these Regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 Where you have been supplied with the information required by Regulation 7 of the above Regulations your legal right to cancel under the above Regulations ordinarily starts from the day after a contract was concluded and ends on the expiry of the period of seven working days beginning with the day after the day on which the contract is formed. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.3 Details explaining the legal rights to cancel under the Consumer Protection (Distance Selling) Regulations 2000) are provided in the e-mail acknowledging your order.
9. Price of Services 9.1 The prices of the Services will be as quoted on our site from time to time.
9.2 Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with an E-mail Confirmation.
The price of a Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
10. How to pay 10.1 You can pay for the Services using PayPal / Mypos, Credit / Debit cards.
10.2 Payment for the Services is in advance.
10.3 Payment for the Services is required in pounds sterling.
11. Our liability if you are a business This clause 11 only applies if you are a business customer. 11.1 We only supply the Services for internal use by your business, and you agree not to use the Services for any re-sale purposes.
11.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
11.3 Subject to clause 11.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
11.4 Subject to clause 11.2 and clause 11.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount paid by you for the Services in any [one] year.
11.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. 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, we will not be responsible for ensuring that the Services are suitable for your purposes.
12. Our liability if you are a consumer This clause 12 only applies if you are a consumer. 12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
12.2 We only supply the Services for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) any breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
13. Events outside our control 13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation transient conditions affecting the internet, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. 13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
14. Communications between us 14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
14.2 If you are a consumer:
(a) To cancel a Contract in accordance with clause 2.9, [you must contact us in writing by sending an e-mail to info@martialartsunlimited.net. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you sent us the e-mail. (b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail to info@martialartsunlimited.net. You can always contact us using our Customer Services telephone line. 14.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
14.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. Other important terms 15.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of
England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
15.8 We will not file a copy of the Contract between us.