1.1 What these terms cover. These are the terms and conditions on which we supply (i) the Gym Classroom (ii) Kids Club Support (the “Services"). Further details of the applicable Services can be found in the Appendices to these Terms.
1.2 Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. We recommend that you print a copy of these terms and conditions for future reference.
1.3 Legal Agreement. These Terms constitute a legal agreement between us and you.
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Flair Training & Support Limited, a company registered in England and Wales. Our company registration number is 12530575 and our registered office is at Progress House, 17, Cecil Road, Hale, Altrincham, Cheshire, England, WA15 9NZ.
2.2 How to contact us. You can email us by writing at [email protected]
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
3.1a For the Gym Classroom when you tick the box confirming that you accept these terms and/or click the ‘Order now’ shopping button and make payment, and/or use a discount or code (including FREE), you are making an offer to purchase the Services that you have ordered. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted.
3.1 How we will accept your order. Our acceptance of your order will take place:
3.2 If we cannot accept your order or if we are unable to accept your order, we will inform you of this and not charge you for the services.
Services may vary slightly from their descriptions. The details of the Services on our website and in the Appendices of these Terms are for descriptive purposes only. Although we have made every effort to describe the Services accurately, the Services may vary slightly from those descriptions.
CHANGES TO THESE TERMS AND THE SERVICES
5.1 Your rights to make changes: If you wish to make a change to the Services you have ordered 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 of the Services, the timing of supply 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 11: Your rights to end the contract).
5.2 Our rights to make changes: We may change the Services to reflect changes in relevant laws and regulatory requirements; or to implement minor technical adjustments and improvements, for example to address a security threat.
PROVIDING THE SERVICES
6.4a deal with technical problems or make minor technical changes;
6.4b update the Services to reflect changes in relevant laws and regulatory requirements; or
6.4c make changes to the Services as requested by you or notified by us to you.
6.1 When we will provide the Services. We will supply the Services to you until either your subscription expires, or you end the contract as described in Clause 11 or we end the contract by written notice to you as described in Clause 13.
6.2 We are not responsible for delays outside our control. If our supply of the Services is 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 Services you have paid for but not received.
6.3 What will happen if you do not give required information to us? We may need certain information from you so that we can supply the Services to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and Clause 2 will apply). We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.4 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:
6.5a Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than one week in any month we will adjust the price so that you do not pay for Services while they are suspended. You may contact us to end the contract for Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract.
6.5b We may suspend or stop providing, at any time, any service that is offered for FREE.
6.6 We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see Clause 4), we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not suspend the Services where you dispute the unpaid invoice (see Clause 15.6). We will not charge you for the Services during the period for which they are suspended. As well as suspending the Services we can also charge you interest on your overdue payments (see Clause 15.5). Please note that if you still do not make payment within 14 days of us reminding you that payment is due, we are entitled to terminate this contract (see Clause 13.1).
7.1 Our rights in the Services. We are the owner or the licensee of all intellectual property rights in the Services. The Services are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 Your use of the Services. You must not use any part of the Services for commercial purposes without obtaining a licence to do so from us or our licensors. Downloading or recording the content included in the Services, taking screenshots of the content, photocopying and/or distributing any downloadable content are all strictly prohibited. If you use the Services in breach of these Terms, we may terminate our provision of the Services.
INFORMATION INCLUDED IN THE SERVICES
8.1 Content included in the Services. The content included in the Services is provided for general information only. It is not intended to amount to any qualification, certification or advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information provided as part of the Services.
8.2 We do not make any representations, warranties or guarantees in connection with the Services. Although we make reasonable efforts to update the information included in the Services, we make no representations, warranties or guarantees, whether express or implied, that the Services are accurate, complete or up to date.
8.3 Third party resources and information. Where the Services, or any information or external resources are provided by third parties, we have no control over and shall not be responsible for this information.
9.1 Use of third party information and materials. The Services may include information and materials uploaded by other users of the Services, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us.
9.2 Use of third party platforms. Where the Services include access to and content posted on third party platforms (including but not limited to Facebook and WhatsApp), you must comply with the terms and conditions and community standards (as amended from time to time) of each third party platform. If you breach the terms and conditions or community standards of a third party platform, we may suspend or terminate the Services. The information and materials on third party platforms have not been verified or approved by us. The views expressed on third party platforms do not represent our views or values.
9.3 Your content. Any content you upload onto our bulletin boards or in groups hosted on third party platforms may be used by us in connection with the Services. You must not upload content which includes any person other than you (unless you are under 18 in which case, you must not upload any photos or videos of you or any other person) onto our bulletin boards or in groups hosted on third party platforms as part of or in connection with the Services.
10.1 Login details and accounts are 1 per immediate household. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to or share it with any third party.
10.2 Sharing information. We have the right to suspend or terminate the Services, if in our reasonable opinion you have disclosed or shared information with a third party in breach of these Terms. If you know of or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
Business accounts. If you are a business, you may transfer your subscription to the Services or ticket to an event included as part of the Services to another member of your business, subject to our prior written approval. You are responsible for ensuring that all persons who use our Services are aware of these terms and conditions and that they comply with them.
YOUR RIGHTS TO END THE CONTRACT
11.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
11.1a If what you have bought is faulty or incorrectly described you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back);
11.1b If you want to end the contract because of something we have done or have told you we are going to do, see Clause 2;
11.1c If you have just changed your mind about the Services, see Clause 5. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
11.1d In all other cases (if we are not at fault and there is no right to change your mind), see Clause 6.
11.2 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 Services which have not been provided and you may also be entitled to compensation. The reasons are:
11.2a we have told you about an upcoming change to the Services or these Terms which you do not agree to (see Clause 2);
11.2b we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
11.2c there is a risk that supply of the Services may be significantly delayed because of events outside our control;
11.2d we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
11.2e you have a legal right to end the contract because of something we have done wrong.
11.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013*). For most services 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. *These regulations do not apply if you are purchasing our Services for purposes relating to your trade, business, craft or profession.
11.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
11.4a Services that you have used e.g. after you have started to download or stream any digital products; or
11.4b any dislike of the Services after expiry of the relevant period mentioned at Clause 5.
11.5 How long do I have to change my mind? How long you have depends on what you have ordered.
11.5a Have you bought the Gym Classroom? If so, you have 14 days after the day on which we email you to confirm we accept your order.
If you change your mind during the periods set out in this Clause 11.5, just contact us to let us know (see Clause 12) and you will be entitled to a refund (subject to any deductions described in Clause 12.3).
11.6 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 (see Clause 1), you can still end the contract at any time. If you want to end the contract in these circumstances, please use the CANCEL button inside your account portal profile settings (see Clause 12). The contract will not end until the end of your then current billing cycle. For example, if your payments to us are made on the 14th of each month and you tell us you want to end the contract on the 7th of the month we will continue to supply the Services until the 14th of the month and you will not be required to make any further payments to us. If you have paid for an annual subscription to the Services, you will be entitled to use the Services until your subscription expires. Please note that you will not be entitled to a refund in the event that you end the contract before your monthly or annual subscription expires.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
To cancel from the date of your next monthly payment, at any time, please use the CANCEL button inside your account portal profile settings.
12.1 How we will refund you. We will refund you the price you paid for the Services, by the method you used for payment. However, we may make deductions from the price, as described below.
12.2 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 supply of the Services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
12.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
OUR RIGHTS TO END THE CONTRACT
13.1a you breach any of these Terms and you fail to remedy the breach (where such breach can be remedied) within 14 days of us asking you to do so;
13.1b you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
13.1c you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services.
13.1 We may end the contract if you break it. We may end the contract for Services at any time by writing to you if:
13.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13.3 We may withdraw the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 14 days in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.
IF THERE IS A PROBLEM WITH THE SERVICES
14.2a if your digital content is faulty, you’re entitled to a repair or a replacement;
14.2b if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back; and
14.2c if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation. See also Clause 2.
14.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can write to us at [email protected]
14.2 Summary of your legal rights. The Consumer Rights Act 2015* says "digital content" must be as described, fit for purpose and of satisfactory quality:
*The Consumer Rights Act 2015 does not apply if you are purchasing our Services for purposes relating to your trade, business, craft or profession.
PRICE AND PAYMENT
15.4a For the Gym Classroom, we accept payment via debit card or credit card. You must pay for the Services in advance. You may either pay on a monthly or annual basis.
15.1 Where to find the price for the Services. The price of the Services (which includes VAT where applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Services advised to you is correct. However please see Clause 3 for what happens if we discover an error in the price of the Services you order.
15.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
15.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract.
15.4 When you must pay and how you must pay.
15.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
15.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1 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.
16.2 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; for breach of your legal rights in relation to the Services including the right to receive services which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.
16.3 Liability for digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
16.4 We are not liable for business losses. If you purchase the Services as an individual consumer, we only supply the Services for domestic and private use. If you use the Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.5 Limitation of liability. If you purchase the Services on behalf of a business or use the Services for any commercial purpose, to the maximum extent permissible at law, our aggregate liability to you in connection with these Terms howsoever arising in contract, negligence or otherwise, shall be limited to £250.
HOW WE MAY USE YOUR PERSONAL INFORMATION
17.2 Commercial purposes. By attending our events or using our Services you consent to being photographed, filmed or taped by us or by third parties appointed and/or authorised by us, as well as any testimonials that you provide to us in connection with the Services being used, including comments or feedback on videos inside the platform, or connected forums, for commercial, marketing or promotional purposes.
OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
18.4 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.
18.5 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 Services, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings? If you are a consumer, please note that these Terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you are a business, these Terms are governed by English law and we both agree to the exclusive jurisdiction of the courts of England and Wales.
- Educational Videos
- Private Facebook Community
- Live Broadcasts
- Lesson Learning Templates & Resources
- Exclusive member-only emails
Kids Club Support
- Private Facebook community
- Discounted consultancy rates
- Exclusive member-only emails
LAST UPDATED | 29th April 2020