Terms and Conditions
Thank you for visiting www.squashskills.com
Information About Us
www.squashskills.com is a Website operated by SQUASHSKILLS LIMITED ("Squashskills”, “We”, “Us”). We are registered in England and Wales under Company Number 07492459 and our registered office at 10 Queens Court Queens Road Bristol BS8 1NE.
Squashskills provides an online video service offering a selection of coaching videos, webinars, and other content (collectively "Content") as well as an online remote coaching service available on the Website. The remote coaching service, including the Content and the video player, and any other features, tools, applications, materials or other services offered from time to time by Squashskills are referred collectively as the "Services".
Use of Information
You can visit the Website without disclosing any information about yourself. Squashskills do not collect personal identifying information when you access the Website homepage and browse the Website without you disclosing your personal data (except Cookies; see below under "Cookies"). However, to purchase any subscription to access Content viewable on this Website, view any video Content, to participate in any contest or message feature, vote in polls or otherwise express an opinion, or subscribe to one of our services such as online newsletters, or participate in one of our online forums or communities, you must register and provide accurate information about yourself to the Website, as the Services may not work properly without such information. The types of information that may be collected on these pages include: your name, e-mail address, postal address, and telephone/mobile number, your gender and date of birth ("Personal Information"). We request these details in order to provide the Services to you (i.e. dispatch news and Squashskills communications via email, post, fax or phone), to respond to any queries you may have, to ensure we request and receive the correct consent from you, and to understand customer trends and patterns. Your Personal Information is password protected, and any Personal Information you provide to the Website is protected from unauthorised disclosure by reasonable technological measures. Personal Information is not, however, transmitted via SSL encryption technology. We recommend that you do not divulge your password to anyone.
By subscribing to and paying for the Services you agree that you are entering into a legal binding contract with Squashskills. The contract is conditional on the transaction being authorised by your card issuer. If the transaction is authorised your account will be activated. Your acccess to the Services is at all times subject to these Terms and Conditions.
2. Price and Payment
Our prices only cover access to the Services. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider. All our prices are inclusive of UK VAT at the rates in force from time to time. Except in the case of manifest error, the prices payable for the Services that you order are as set out on this website at the time at which you place your order. Payment for services must be made through the PayPal gateway. Squashskills reserves the right to refuse credit/debit card payments in its reasonable discretion. PayPal will process your payment on a secure site.
Squashskills offers a 7 day free trial giving users the opportunity to trial the the site before they commit to a monthly or annual subscription. If the trial subscription is not cancelled after the 7 day period the user will be placed upon the plan that was chosen at the start of the trial.
The T-shirt/swing school offer for annual members becomes valid once payment for the annual subscription is taken at the end of the 7 day free trial.
3. Duration and Termination
Your right to a refund:
In accordance with the Distance Selling Regulations 2000 the following directive relates to the exception to the right to cancel:
(a) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts;
(b) For the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer's agreement before the end of the cancellation period applicable.
Your contract with Squashskills is deemed to commence when your Access to the Services is enabled, and as such the above regulation applies and we do not offer the right to cancel once the first search has been made and therefore no refunds are given.
It is your responsibility to ensure that you cancel your account as this is rolling subscription service. No refunds will be given if you fail to cancel as per the instructions outlined in clause 3.
Our right to terminate:
Squashskills may terminate this agreement with immediate effect and by written notice at any time if you commit a material breach of this agreement (and any breach of clause 2 or 6 will be considered to be a material breach) or if you do not fulfil any of the technical requirements set out in clause 4. In addition, Squashskills may terminate this agreement on one calendar month's notice given in writing to you in accordance with clause 5. If Squashskills terminates the agreement other than as a result of your breach or technical non-compliance, you may receive a refund of the amount you pre-paid for the Services less an amount proportionate to the number of days for which you have had access to the Services.
4. The Services and Service Availability
The 'Services' shall be for the provision to you of access to Services on this Website including coaching videos. However Squashskills reserves the right to amend the nature and extent of the Services available at any time. You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services. In the event that Squashskills reasonably determines that you do not meet these requirements Squashskills reserves the right to refuse the provision of Services to you. In such a case you will be entitled to a refund of any sums paid as provided for in clause 3 ("Our right to terminate"). Squashskills will use its reasonable endeavours to ensure that the Services are made available to you at all times. However, this Website is provided on an "as is" basis. In particular, the image and sound quality of the Services may vary, whether due to congestion on the internet or telephone lines or otherwise. The Website may not be uninterrupted, timely, secure or error-free. From time to time we will need to close the website to carry out upgrades or maintenance. We will try to keep this to a minimum. Subject to the constraints described above, Squashskills will carry out the Services with reasonable care and skill. Apart from this we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any other statutory rights you may have as a consumer.
5. Technical Support and Contacting Squashskills
6. Your use of the Services
The design, text, graphics, footage, images and other feed you receive (and any selection or arrangement) are subject to the copyright of Squashskills and others. Except as otherwise expressly permitted under this Agreement or by us, you agree that you will:
(f) not abuse this Website or use it for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through the site, or using the site in a manner which violates or infringes the rights of anyone else).
Unless agreed otherwise in writing, the maximum liability of Squashskills to you arising by reason of or in connection with the supply of the Services to you shall be limited to the amount paid by you in respect of the Services in question ("payment amount"). Squashskills shall not in any event be liable to you for:
(i) any direct loss in excess of the payment amount; or,
(ii) any corruption to data or any indirect or consequential loss whatsoever even if it has been advised of the possibility of such loss or should reasonably know of such loss.
Squashskills does not accept any responsibility for injury that may occurr as a result of performing an exercise or routine as suggested by Squashskills. Squashskills is designed as a training aid and the exercises are dseigned to improve your fitness levels and squash playign ability if performed correctly. If they are performed incorrectly leading to a personal injury Squashskills does not take any resposibility for this.
8. Data Protection
It is good practice, and it is your responsibility, to take adequate steps to protect against viruses and such like. The information and data ("personal data") which is provided by you in connection with this site will be held on the computers and manual records of, and will be used by, Squashskills and sponsors, affiliates, official suppliers and any other reputable suppliers of goods and services Squashskills believe may be of interest to you (together "the companies"). A complete list of all such companies is available on request from the address below. The personal data shall be used by the companies for the following purposes:
(i) to update and develop the companies' records and for assessment and analysis including market and product analysis;
(ii) to assist the companies in offering and providing their services/products to you;
(iii) to enable the companies to review, develop and improve the services offered by them.
The companies may inform you from time to time by email, telephone, or mail about relevant news, information, promotions, services and products offered by any of them which they believe may be of interest to you. By law you are entitled, upon payment of a fee, to receive a copy of information or data about you which is held by any of the companies. You are also entitled to require the rectification, erasure or blocking or any such information or data which is inaccurate or not up-to-date and held by the companies. If you wish to exercise any of these rights, or if you wish to opt-out of any future processing of your information or data held by the companies, please write to the address below stating your full name and address and providing any other relevant information.
9. Force Majeure
Squashskills shall not have any liability to you for any delay or failure to deliver the Services to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of Squashskills including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Services), telephone or other inter connect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement. If this means that you fail to receive a substantial element of the Services, Squashskills may refund such proportion of the sum pre-paid by you in respect of the Services as it decides, acting reasonably, is fair in the circumstances.
No waiver by Squashskills shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.
11. Entire Agreement
These Terms and Conditions together with the current Services prices and contact details on this Website, set out the whole of the agreement between you and Squashskills. This agreement cannot be changed or terminated orally, and no changes or amendments to this agreement shall be binding upon the parties until confirmed in writing by Us. Squashskills’ employees or agents are not authorised to make any representations concerning the Services unless confirmed in writing by Squashskills. You confirm that you do not rely on, and waive any claims for breach of, any such representations that are not so confirmed.
12. Third Party Rights
(a) Clauses 7, 8 and 9 of these Conditions confer a benefit on Squashskills and are intended to be enforceable by Squashskills by virtue of the Contracts (Rights of Third Parties) Act 1999.
(b) Except as provided in clause 12(a), a person who is not a party to the contract governed by these Conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
13. Live and Video on Demand streaming geo-blocking rules:
The content is not restricted to any country or region.
14. Governing Law
These Conditions shall be exclusively governed by and construed in accordance with the laws of England and Wales you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.