Golf Starz Limited Terms and Conditions
1.1 When the following words with capital letters are used in these
Terms, this is what they will mean:
Child: the child to be enrolled to receive the Classes as set out in the
Classes: the Golf class services that We are providing to the Child as
set out in the Enrolment Form for each Golf Term;
Golf Term: each period during which a set of Classes will be provided
to the Child, with the initial Golf Term being set out in the Enrolment
Event Outside Our Control: is defined in clause 9.2;
Enrolment Form: the enrolment form setting out certain details about
your order for Classes;
Start Date: the start date as set out in the Enrolment Form;
Terms: the terms and conditions set out in this document;
We/Our/Us: Golf Starz Limited;
1.2 When We use the words “writing” or “written” in these Terms, this
will include e-mail unless We say otherwise.
- OUR CONTRACT WITH YOU
2.1 The Terms plus any other documents referred to in the Enrolment
Form establish the contract between you and Us under which We will
supply Classes to you. You acknowledge and agree that this contract is
made between Us and you and not Us and your Child even if we provide the
Classes to them.
2.2 When you accept (either electronically or by physically signing)
and submit the Enrolment Form to Us, this does not mean We have accepted
your Child’s enrolment for Classes, it is simply a request for your
Child to be considered for enrolment in the Classes. Our acceptance of
the Enrolment Form will only take place as described in clause 2.3. If
We are unable to provide you with the Classes (for example where your
chosen Class is full), We will inform you of this and We will not
process the Enrolment Form.
2.3 These Terms will become binding on you and Us when We issue you
with a written acceptance of the Enrolment Form, at which point a
contract will come into existence between you and Us.
2.4 If any of these Terms conflict with any term of the Enrolment
Form, the terms in the Enrolment Form will take priority.
- CHANGES TO YOUR ENROLMENT OR TERMS
3.1 We may revise these Terms from time to time in the following
3.1.1 changes in relevant laws and regulatory requirements; or
3.1.2 if We change how We provide the Classes.
3.2 If We have to revise these Terms under clause 3.1, We will give
you at least one month’s written notice of any changes to these Terms
before they take effect. If you are not happy with the changes, you can
choose to cancel the contract in accordance with clause 10.
3.3 You may request a change to the Enrolment Form for Classes at any
time before the start date for the Classes by contacting Us. If we
accept a change to the Enrolment Form for Classes We will issue you with
a written acceptance to confirm the change at which point the contract
between you and Us will be deemed amended to reflect the change. Where a
change affects the total price of the Classes, We will notify you of the
amended price in writing. If you are not happy with the amended price,
you can choose to cancel the Enrolment Form in accordance with clause 10.
- PROVISION OF CLASSES
4.1 We will supply the Classes to you from the Start Date for the
initial Golf Term and every subsequent Golf Term unless either you or
Us terminates the contract in accordance with clause 10.
4.2 We will make every effort to complete the Classes on time on the
dates set out in the Enrolment Form. However, there may be delays due to
an Event Outside Our Control. See clause 9 for Our responsibilities when
an Event Outside Our Control happens.
4.3 We will need certain information from you that is necessary for
Us to provide the Classes, for example, information regarding your
Child’s health and personal circumstances. This information is
requested within the Enrolment Form. You must keep this information up
to date at all times as it is essential information We need to enable Us
to effectively and safely carry out the Classes. If you do not, after
being asked by Us, provide Us with this information, or you provide Us
with incomplete or incorrect information, We may suspend the provision
of the Classes to you by giving you written notice. We will not be
liable for any delay or non-performance where you have not provided this
information to Us after We have asked. If we suspend the provision of
Classes to you under this clause 4.3, you do not have to pay for the
Classes while they are suspended, but this does not affect your
obligation to pay for any invoices We have already sent you for which
Classes have been provided. If you have made any payment in advance for
Classes that have not been provided to you, and We suspend the provision
of Classes to you under this clause 4.3, We will refund these amounts to
4.4 If you do not pay Us for the Classes when you are supposed to as
set out in clause 6.3, We may suspend the provision of the Classes to
you with immediate effect until you have paid Us the outstanding amounts
(except where you dispute an invoice under clause 6.5). We will contact
you to tell you this. This does not affect Our right to charge you
interest under clause 6.4.
4.5 If your Child is unable to attend a Class due to illness or other
reason, no refund for the missed Class will be made. However, if advance
written notice that your Child will not be able to attend a Class is
given We will attempt to find a space in another Class but this is
subject to availability and Our discretion.
- IF THERE IS A PROBLEM WITH THE CLASSES
5.1 In the unlikely event that there is any defect with the Classes
please contact Us and tell Us as soon as reasonably possible and give Us
a reasonable opportunity to resolve or fix the defect. We will use every
effort to resolve or fix the defect as soon as reasonably practicable.
You will not have to pay for Us to resolve or fix a defect with the
Classes under this clause 5.1.
5.2 As a consumer, you have legal rights in relation to Classes not
carried out with reasonable skill and care, or if the materials We use
are faulty or not as described. 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.
- PRICE AND PAYMENT
6.1 The price of the Classes will be set out in the Enrolment Form.
Our prices may change at any time, but, if they change, (i) no change
would take effect prior to the start of the next Golf Term; and (ii) We
would try to give as much advance notice of the price change as possible
in advance of the change taking effect.
6.2 Our prices include VAT. However, if the rate of VAT changes
between the date of the Enrolment Form and the date of delivery or
performance, We will adjust the rate of VAT that you pay, unless you
have already paid for the Classes in full before the change in the rate
of VAT takes effect.
6.3 We will ask you to make payment in advance per Golf Term for all
Classes in that Golf Term. Your rights to a refund on cancellation are
set out in clause 10. You must pay each invoice in full, in cleared
funds promptly after receipt of each invoice and always prior to the
start of each Golf Term by such method as We may notify to You.
6.4 If you do not make any payment due to Us by the due date for
payment, We may charge interest to you on the overdue amount at the rate
of 3% 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
6.5 However, if you dispute an invoice in good faith and contact Us
to let Us know promptly after you have received an invoice that you
dispute it, clause 6.4 will not apply for the period of the dispute.
6.6 We will invoice you in advance of each Golf Term for the Classes
to be held during that Golf Term.
- RENEWALS AND NEW TERMS
7.1 At the end of each Golf Term We will let you know the dates,
prices and availability for the next Golf Term including any other key
7.2 Upon the expiration of each Golf Term, your Child will be
automatically provisionally enrolled in the next Golf Term and We will
notify you of this by issuing you with an invoice to cover the charges
for the Classes for the next Golf Term. You may terminate this contract
and avoid your Child being enrolled in the next Golf Term by requesting
this in writing to Us at least 14 days prior to the start of the next
Golf Term. Please note that spaces for Classes are allocated on a
“first come, first served” basis and We cannot guarantee your Child’s
space in a new Golf Term until payment in full cleared funds has been
received by Us in accordance with clause 6.3.
- OUR LIABILITY TO YOU
8.1 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
the 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 this contract.
8.2 We only supply the Classes for domestic and private use. You
agree not to use the Classes for any commercial, business or re-sale
purpose, and We have no liability to you for any loss of profit, loss of
business, business interruption, or loss of business opportunity.
8.3 We do not exclude or limit in any way Our liability for:
8.3.1 death or personal injury caused by Our negligence or the
negligence of Our employees, agents or subcontractors;
8.3.2 fraud or fraudulent misrepresentation;
8.3.3 breach of the terms implied by section 2 of the Supply of Goods
and Services Act 1982 (title and quiet possession); and
8.3.4 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).
- EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform,
or delay in performance of, any of Our obligations under these Terms
that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act or event beyond Our
reasonable control, including without limitation illness or
unavailability of teachers, 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.
9.3 If an Event Outside Our Control takes place that affects the
performance of Our obligations under these Terms:
9.3.1 We will contact you as soon as reasonably possible to notify
9.3.2 We will attempt to make reasonable adjustments to the
timetable, location and teachers in order to provide the Classes;
9.3.3 If we cannot make reasonable adjustments, Our obligations under
these Terms will be suspended and the time for performance of Our
obligations will be extended for the duration of the Event Outside Our
Control. Where the Event Outside Our Control affects Our provision of
Classes to you, We will restart the Classes as soon as reasonably
possible after the Event Outside Our Control is over.
9.4 You may cancel the contract if an Event Outside Our Control takes
place or reasonable adjustments made are materially detrimental to you
and you no longer wish Us to provide the Classes. Please see your
cancellation rights under clause 10. We will only cancel the contract if
the Event Outside Our Control continues for longer than 4 weeks in
accordance with Our cancellation rights in clause 11.
- YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 You may terminate the contract between you and Us with immediate
effect by giving Us written notice:
10.1.1 at any time before the Start Date;
10.1.2 if We breach the contract in any material way and We do not
correct or fix the situation within 30 calendar days of you asking Us to
10.1.3 if We go into liquidation or a receiver or an administrator is
appointed over Our assets;
10.1.4 if We change these Terms under clause 3.1 to your material
10.1.5 if We are affected by an Event Outside Our Control as set out
in clause 9.
10.2 If you terminate the contract in any of the circumstances
outlined in clause 10.1 and you have made any payment in advance for a
Golf Term for Classes that have not been provided to you (or made
available to you), We will refund these amounts to you subject to clause
10.5. If you have not paid for any Classes provided to you (or made
available to you) before the date of termination We will still be
entitled to charge you for these Classes.
10.3 Subject to clause 10.4 Once We have begun to provide the Classes
to you, you may cancel the contract at any time by providing Us with at
least 30 calendar days’ notice in writing (the “Notice Period”). We will
charge you for any Classes already provided and those Classes made
available to you (whether or not attended) during the Notice Period. Any
advance payment you have made for Classes following the Notice Period
not provided to you will be refunded to you but we will deduct our
administrative fee of £15.00 from your refund in respect of these
arrangements unless otherwise agreed.
10.4 Notwithstanding clause 10.3, if you pay by direct debit you must
give one (1) Golf Terms’ notice for cancellation of any classes unless
otherwise agreed. Should you cancel the direct debit without informing
us and/or you fail to comply with this clause 10.5 you will be liable to
pay one (1) Golf Term’s fees.
10.5 Your consumer rights are not affected by the notice periods set
out in clause 10.3 and 10.4 above. This means you have a statutory right
at the beginning only of your contract with us to cancel that contract
within 14 days (known as the cooling off period). If you have made
payment in advance for Classes and decide, during or up to expiry of the
14 day cooling off period, to cancel your contract with us we will
refund any sums paid by you. Please note that you will still be charged
for any Classes provided before any cancellation during the cooling off
period on a pro rata basis.
- OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
11.1 If We have to cancel any Classes before the Classes start, due
to an Event Outside Our Control or the unavailability of key personnel
or key materials without which We cannot provide the Classes We will
promptly contact you.
11.2 If We have to cancel any Classes under clause 11.1 and are
unable to provide reasonable alternatives in accordance with clause
9.3.2 and you have made any payment in advance for Classes that have not
been provided (or made available) to you, We will refund these amounts
11.3 Once We have begun to provide the Classes to you, We may cancel
the contract at any time by providing you with at least 30 calendar
days’ notice in writing. If you have made any payment in advance for
Classes that are not provided (or made available) to you before the
contract terminates, We will refund these amounts to you.
11.4 We may cancel the contract at any time with immediate effect by
giving you written notice if:
11.4.1 you do not pay Us when you are supposed to as set out in
clause 6.3. This does not affect Our right to charge you interest under
clause 6.4; or
11.4.2 you breach the contract in any other material way and you do
not correct or fix the situation within 30 calendar days of Us asking
you to in writing.
11.5 If We terminate the contract under clause 11.4, you will not be
entitled to a refund of any payment made in advance.
- INFORMATION ABOUT US AND HOW TO CONTACT US
12.1 We are a company registered in England and Wales. [Our company
registration number is 11256691 and our registered office is at SOUTH DALTON, WILLINGTON LANE, CLOTTON, TARPORLEY, CHESHIRE, UNITED KINGDOM, CW6 0HQ.
12.2 If you have any questions or if you have any complaints, please
12.3 If you wish to contact Us in writing, or if any clause in these
Terms requires you to give Us notice in writing (for example, to
terminate the contract), you can send this to Us by e-mail, by hand, or
by pre-paid post to our registered address, We will confirm receipt of this by
contacting you in writing. If We have to contact you or give you notice
in writing, We will do so by e-mail, by hand, or by pre-paid post to the
address you provide to Us in the Enrolment Form.
- OTHER IMPORTANT TERMS
13.1 We may transfer Our rights and obligations under these Terms to
another organisation, and We will always notify you in writing if this
happens, but this will not affect your rights or Our obligations under
13.2 You may only transfer your rights or your obligations under
these Terms to another person if We agree in writing.
13.3 This contract is between you and Us. No other person shall have
any rights to enforce any of its terms.
13.4 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.
13.5 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 any of Our rights, We will only do so in
writing, and that will not mean that We will automatically waive any
later default by you.
13.6 These Terms are governed by English law. You and We both agree
to submit to the non-exclusive jurisdiction of the English courts.
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.