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Terms Of Service

The Padel School Limited

Terms of Use

Please read the following important terms and conditions before using our Website or App. These terms of use are important as they contain all the information you need to know about using our services, whether available for free or are services available to paid subscribers only.

These terms set out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

 

Please read these terms, our Privacy Policy, and any other terms referenced in this document carefully.

In this contract:

 

If you don’t understand any of this contract and want to talk to us about it, please contact us by email at [email protected]

Who are we?

We are The Padel School Limited and we are registered in England and Wales under company number: 12989197

Our registered office is at: The Padel School Limited, The Avenue, Sutton, SM2 7QA, England.

1. Introduction

  1. We provide services for streaming and downloading instructional padel content as well as other goods and services that may be developed on an ongoing basis.
  2. If you sign up to become a member, and/or sign up for an account via our Website or App, including all associated features and functionalities, Website or Apps and user interfaces, we well as all content and software Applications associated with our services (collectively referred to as “Service”), or if you are accessing any videos or other content or material made available through the Service (the “Content”), you are entering into a binding contract with us and agree to be legally bound by these terms of use.
  3. You may only use our Website or App and content for non-business reasons․
  4. This contract is only available in English. No other languages will Apply to this contract.
  5. In order to use the Service and access any Content you must:
    1. Be over the age of 18
    2. Have the power to enter into a binding contract with us and not be prevented from doing so
  6. When registering with us for an account, you confirm that any information you submit to us is true, accurate and complete and you confirm to keep the information that way.

2. Information we give you

    1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
      1. click on our ‘FAQs’ section on Website; or
      2. contact us for more information at [email protected]
    2. We will give you information on:
      1. the main characteristics of the services you want to buy;
      2. who we are, where we are based and how you can contact us;
      3. the total price of the services including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price);
      4. in the case of a contract where its end has not been agreed or a contract containing a subscription, the total costs per billing period or (where such contracts are charged at a fixed rate) the total monthly costs;
      5. how to exercise your right to cancel the contract and the costs of doing so;
      6. our complaint handling policy;
      7. how long the contract is for and how to end it.
  1. The key information we give you by law forms part of this contract (as though it is set out in full here).
  2. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
  3. You have the right to cancel your subscription at any time within the cancellation period, which is 14 days, beginning on the day after you sign up to a trial for a Paid Subscription.
  4. If you cancel within the cancellation period, you will still receive access to streaming the content up until the last day of the 14-day cancellation period.

3. Your privacy and personal information

  1. Our Privacy Policy is available at www.thepadelschool.com
  2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4. The service

  1. Below, we set out how a legally binding contract between you and us is made.
  2. You create an account by providing your details via our Website or App. Please read and check your details carefully. If you need to correct any errors, you can do so before submitting it to us.
  3. Our Website or App is free to use, and some Content is available free of charge to all users on the Website or App.
  4. Some of the Content and parts of the Service are only available if you have paid for a subscription (“Paid Subscription”) or a one-off plan (“Coaching Course”).
  5. When creating an account, you will be automatically signed up to a Paid Subscription.
  6. Your Application to sign up constitutes an offer by you to subscribe to the Service by way of a Paid Subscription or Coaching Course. We will confirm acceptance of your offer by sending you an email which confirms your Application has been accepted (“Confirmation Email”). A legally binding contract will be made between us when you receive the Confirmation Email.

5. Coaching course

  1. If you purchase a Coaching Course, you will have access to selected Content for as long we keep it available on our Website or App which we may be subject to change depending on Website or App storage capacity.
  2. If have purchased a Coaching Course and started streaming/downloading the Content, you will not be able to cancel the Course.

6. Paid Subscriptions

  1. The Paid Subscription options are available on our Website or App (www.thepadelschool.com) and we explain which Paid Subscription options are available to you when you create an account.
  2. Depending on the level of Paid Subscription you purchase, you will have access to our coaching courses and Content for the duration of your subscription.
  3. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
  4. We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Service.
  5. If you have signed up for a Paid Subscription, you will be charged for the Service on a recurring basis until cancellation by you (see Clause 9) after any Free Trial period is finished (if Applicable). The payment dates will depend on the type of subscription you sign up to.
  6. By signing up to a Paid Subscription you acknowledge that your subscription will result in a recurring payment by you indefinitely until you cancel the subscription, and you accept all responsibility for the recurring charges before cancellation by you.
  7. Any memberships purchased with coupons or special codes may be subject to modifications or changes by The Padel School.

7. Free trials

  1. When you sign up to a Paid Subscription, you have an automatic 7-day free trial. You can cancel your subscription within the Free Trial period, and you will not be charged for the Service.
  2. We, or third parties, may offer Free Trials of Paid Subscriptions of differing periods (“Free Trial”).
  3. We may withdraw a Trial at any time without prior notice and without any liability, subject to your statutory rights.
  4. For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. If you do not want to be charged at the end of the trial period, you must cancel the paid subscription before the end of the Free Trial by cancelling the subscription within your profile or by contacting customer service at [email protected]

8. 14 days cancellation period

  1. For subscriptions, the ‘Cancellation Period’ will expire after 14 days from the day the subscription begins. For subscriptions, the Cancellation Period includes the period of the free trial you are entitled to, as this is automatically applied to every subscription account. For example, if you sign up for a Paid Subscription, and you are entitled to a 7-day free trial and then a further 7 days before the Cancellation Period is up.
  2. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email).
  3. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
  4. We will begin providing the Paid Subscription service immediately. Should you wish to cancel within the 14-day cancellation period, please contact us.
  5. If you cancel this contract within the 14-day cancellation period, we will reimburse to you all payments received from you.
  6. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
  7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

9. Ending your paid subscription

  1. If you wish to cancel your Paid Subscription, you must cancel at least 24 hours before your next payment is due to be collected in order to avoid being charged for the following subscription period.

10. End of the contract

  1. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

11. Content

  1. You must check that the hardware and software requirements of your computer or device mean that you can stream/download the Content.
  2. Please note that streaming Content via our Website or App will use your data unless you are connected to Wi-Fi. Using too much data might mean that you exceed your data limit and you could face paying more than you were expecting, particularly if you are using your mobile phone abroad.

12. Permission to use the website or app content

  1. When you download our content and use our Website or App, and when you use our Service to download/ stream Content you will not own the Website or App or the Content. Instead we give you permission to use them (also known as a ‘licence’) for the purpose of you using and enjoying it according to these terms and conditions.
  2. The licences to use our Website or App and our Content:
    1. are personal to you. You can use it wherever you want in the world but only if you comply with local laws;
    2. are non-exclusive to you. We supply the same Website or App to other users;
    3. may be used only on five computers or devices;
    4. may not be:
      • copied by you;
      • changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
      • combined or merged with, or used in, any other computer program;
      • distributed or sold by you to any third party;
    5. contain information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright ©, registered trade mark ® or unregistered trademark ™ markings.
  3. Except where you have permission to use the Website or App and our Content under this clause 12, you will not obtain any rights of ownership or other rights (of whatever nature) in the Website or App or in any copies of it.
  4. You will indemnify us and hold us harmless against all damages, losses and expenses arising out of your use of the Website or App which is in breach of the terms of this agreement.

13. Payment

  1. We accept the following credit cards and debit cards: [including but not limited to MasterCard, Visa, Paypal].
  2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under Applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
  3. Your credit card or debit card will only be charged when you sign up to a Paid Subscription, or at the end of a free trial (if applicable) if you have not cancelled the subscription or if you bypass the free trial after signing up.
  4. All payments by credit card or debit card need to be authorised by the relevant card issuer.
  5. The price of the Paid Subscriptions is in the currency options available and includes local taxes at the Applicable rate.

14. Nature of the service and content

  1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:
    1. In respect of the Service you can ask us to repeat or fix the service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it; if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable; if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
    2. In respect of the Content: it must be as described, fit for purpose and of satisfactory quality; if it is faulty, you’re entitled to a repair or a replacement; 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.
  2. When we supply the Content:
    1. we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content but;
    2. we do not promise that it is compatible with any third-party software or equipment except where we have said that it is in the guide to its use or on our Website or App; and
    3. you acknowledge that there may be minor errors or bugs in it.
  3. In respect of our App:
    1. The App is provided as is and as available without express or implied warranty of any kind
    2. We make no representations that the App is fit for a particular purpose or is of satisfactory quality
    3. you acknowledge that there may be minor errors or bugs in it;
    4. we do not endorse, guarantee or assume responsibility for any third-party Applications, devices or other product or service which might be advertised through the App, our Website or the Service.

15. Ownership

  1. Our Website or App and all intellectual property rights in them including but not limited to any Content are owned by us, our licensors or both (as Applicable). Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
  2. Nothing in these Terms grants you any legal rights in our Website or App other than as necessary to enable you to access the Website or App. You agree not to adjust to try to circumvent or delete any notices contained on the Website or App (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website or App.
  3. Trademarks: The Padel School and The Padel School logo are our registered trademarks. Other trademarks and trade names may also be used by us on the Website or App. The use of any of our trademarks on the Website or App is strictly prohibited unless you have our prior written permission.

16. Your responsibilites

  1. You agree that you are solely responsible for:
    1. all costs and expenses you may incur in relation to your use of the Website or App; and
    2. keeping your password and other account details confidential.

17. Limit on our responsibility to you

  1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under Applicable laws relating to the protection of your personal information, we are not legally responsible for:
    1. losses that:
      • were not foreseeable to you and us when the contract was formed; or
      • that were not caused by any breach on our part;
    2. business losses; and
    3. losses to non-consumers.
  2. We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

18. Disputes

  1. We will try to resolve any disputes with you quickly and efficiently.
  2. If you are unhappy with:
    1. the digital content;
    2. our service to you; or
    3. any other matter,
      please contact us as soon as possible.
  3. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
    1. let you know that we cannot settle the dispute with you; and
    2. give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the Website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.
  4. If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

19. Accuracy of information on our website or app

  1. While we try to make sure that our Website or App is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Website or App will be fit or suitable for any purpose. Any reliance that you may place on the information on the Website or App is at your own risk.
  2. We may suspend or terminate operation of our Website or App at any time as we see fit.
  3. Information provided for your general information purposes only and to inform you about us and our products and news, features, services and other Website or Apps that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
  4. While we try to make sure that the Website or App is available for your use, we do not promise that the Website or App is available at all times nor do we promise the uninterrupted use by you of the Website or App.

20. Hyperlinks and third-party sites

  1. Our Website or App may contain hyperlinks or references to third party Website other than the Website or App. Any such hyperlinks or references are provided for your convenience only. We have no control over third party Website or Apps and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party Website or App does not mean that we endorse that third party’s Website or App, products or services. Your use of a third-party site may be governed by the terms and conditions of that third party site. You should also check the privacy policy of any third party site as ours will not Apply.

21. Submitting information to the website or app

  1. While we try to make sure that the Website or App is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent Applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
  2. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Website or App to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

22. Assignment

  1. We may assign the agreement or any rights under the agreement, in whole or in part to another party
  2. You may not assign the agreement or any rights under the agreement to any third party.

23. Applicable Law

  1. The laws of England and Wales will Apply to this contract.

24. Third party rights

  1. No one other than a party to this contract has any right to enforce any term of this contract.

25. Limitation of liability

  1. You agree that you bear all risks associated with using or relying upon content on the website or app.
  2. In no event shall The Padel School be liable to you or any third party for any losses or damages whatsoever, including but not limited to direct, indirect, consequential, exemplary, incidental, special, or punitive damages, or damages based on lost profits, data or use, arising from your use of the website or app, even if The Padel School has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, to the extent that The Padel School may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope of warranty and the extent of The Padel School’s liability shall be limited at all times to the amount paid, if any, by you to The Padel School for your access and use of the website or app.

26. Indemnity

    1. You agree to indemnify, release, and hold The Padel School, its subsidiaries, affiliates, officers, agents, employees and subcontractors harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any content you post on the Community or use of our Service.
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