SquashSkills Terms Of Service
Last update: 6th September, 2022
Please read these terms and conditions carefully before you start to use the Website and Apps or subscribe for the Services. By using the Website and Apps or subscribing for the Services, you indicate that you accept these terms and conditions and that you agree to abide by them.
If you do not agree to these terms and conditions, please refrain from using the Website and Apps. We reserve the right, at any time, to modify these conditions by posting a revised version on this Website. You acknowledge that you have read and understood (and agree to be bound by) these terms and conditions now and every time you use the Services.
By continuing to use the Services you accept any revised version of these Terms of Service.
SquashSkills provides an online video service offering a selection of coaching videos, training sessions and tools, community forums, webinars, and other content (collectively "Content") as well as an online remote coaching service available on the Website and Apps. 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 and Apps, 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 and Apps, as the Services may not work properly without such information.
The types of information that may be collected on the Website and Apps 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. When using our Apps you may also choose to submit limited health or fitness-related information - see 8. Data Protection below for further details.
Your Personal Information is password protected, and any Personal Information you provide to the Website and Apps 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 access to the Services is at all times subject to these Terms of Service.
The Website and Apps are offered and available to users aged 13 years old or over. By using the Website or Apps, you represent and warrant you are of legal age to form a binding contract with Us. If you desire to use this Website from a jurisdiction in which you are not of legal age to form a binding contract with SquashSkills, then you must ask a parent or guardian to contact Us at email@example.com in advance and provide written consent for you to use the Website or Apps before any such use.
2. Price & 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 VAT or MOSS applicable 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 Stripe gateway. SquashSkills reserves the right to refuse credit/debit card payments in its reasonable discretion. Stripe will process your payment on a secure site.
Your use of the Training App is subject to further terms and conditions set out here, that you accept when accessing these parts of the Services. If you do not accept the terms and conditions for using these parts of the Services, then you should not continue to use them.
3. Duration & Termination
Your right to terminate: You may cancel your subscription at any time by following the instructions on this page.
If you have any questions please contact us via this page here.
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 access has been made and therefore no refunds are given.
It is your responsibility to ensure that you cancel your account as this is a 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.
Where you subscribe to our Services when acting in the course of a trade, business or profession such as operating as a coach or organisation, there are supplemental terms applying to your use set out here, and that shall prevail in the event of any conflict.
4. The Services & Service Availability
The services shall be for the provision to you of access to Services on this Website and Apps including coaching videos. SquashSkills reserves the right to amend the nature and extent of the Services available at any time. You are responsible for ensuring you have and maintain all hardware and software necessary to access, receive and view the Services. Where We reasonably determine you do not meet these requirements, we reserve 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 and Apps are 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 and Apps may not be uninterrupted, timely, secure or error-free. From time to time we will need to close the Website and Apps to carry out upgrades or maintenance. We will try to keep this to a minimum. Subject to the constraints described above, We 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 or business.
5. Technical Support & Contacting SquashSkills
You can contact SquashSkills whether to discuss technical problems or trace your subscription, or for any other reason by emailing to SquashSkills as described below. In all instances, please be ready to give your customer ID, e-mail, product details, last transaction ID or postal address which SquashSkills may require from you in order to identify your subscription. You may want to print a copy of this page for future reference.
You should notify us immediately if any of your details change by email at firstname.lastname@example.org.
Any notice given by SquashSkills can be given by post or email to the most recent postal or email address we hold for you. Transmission or postal failures are at your risk, and we cannot be responsible for non-receipt of messages we send you.
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:
(a) use the Services for non-commercial purposes only without making any gain and that you will not permit any other person or persons to use the Services. This means, for example, that you must not charge for viewing of the Services and that you cannot use the Services to attract others to buy goods or services from you or anyone else; (b) at any given time, only view the Services via your permitted PC and never permit any other person to access the Services. You must keep your password secure and never share passwords or other access codes with anyone or in any way make them accessible to others;
(c) not copy, record or store all or any part of the Services (other than on a purely transitory basis to permit you to view them) or divert, re-transmit or otherwise distribute all or any part of the Services to any person, or authorise, enable or procure any other person to do any of the above;
(d) not alter, disassemble, decompile or reverse engineer any part of the Services;
(e) not view the Services in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so; and,
(f) not abuse this Website or Apps or use them for any unlawful or unauthorised purpose, which includes transmitting any computer viruses through the Website and Apps, or using the Website and Apps in a manner which violates or infringes the rights of anyone else.
As well as our right to terminate for breaches by you (clause 3) we may suspend the Services (or your access to them) if your use of them is abusive, excessive or against the interests of other subscribers or in breach of these Terms of Service, or if we are requested to do so by a regulatory authority.
You agree to grant to SquashSkills a non-exclusive, worldwide, royalty-free, perpetual licence, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information, including, without limitation, ideas contained therein for new or improved products or services (your “Contributions”) you submit to the public areas of the SquashSkills Website or Apps (such as community forums) by all means and in any media already known or developed in future. You waive your rights in any such materials and information, and you warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in your communication to Us.
7. Liability & Indemnity
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 occur as a result of performing an exercise or routine as suggested by SquashSkills. SquashSkills is designed as a training aid and the exercises are designed to improve your fitness levels and squash playing ability if performed correctly. If they are performed incorrectly leading to a personal injury SquashSkills does not take any responsibility for this.
Where acting as a consumer, you will be liable for any reasonably foreseeable loss or damage suffered by SquashSkills (including its officers, directors, staff, agents) or its third party suppliers arising from your Contributions or from any breach by you of these Terms of Service.
Where acting other than as a consumer, you indemnify SquashSkills (including its officers, directors, staff, agents) and its third party suppliers on demand against any claims, losses, damage and liability suffered and expenses (including but not limited to legal expenses) arising from your Contributions or from any breach by you of these Terms of Service.
You agree to indemnify, defend and hold SquashSkills and its third party suppliers harmless from any claim or cause of action against SquashSkills or its third party suppliers arising out of or relating to use of the Services by: (i) individuals or entities which have not been authorised by this Agreement to have access to and/or use the Services; and (ii) You, except where such use by You is in accordance with these Terms of Service.
8. Data Protection
It is good practice, and it is your responsibility, to take adequate steps to protect against viruses, malware and any other types of security attack.
The information and data ("personal data") which is provided by you in connection with this Website and the Apps 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 email@example.com. 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 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 firstname.lastname@example.org stating your full name and address and providing any other relevant information.
For the purposes of providing the Training App, please be aware you consent to your personal data being transferred to and processed on Everfit’s servers located in the United States. This may also involve you submitting sensitive health or fitness data (special category data), which you consent to provide and which may be accessed by your coach and only where absolutely required for provision of the Training App Service, restricted members of SquashSkills and Everfit staff.
When you access the Training App Service as an organisation or coach, you understand and accept that you are acting as a data controller for the personal data of players or other participants whose details you are entitled to access and view in the Training App.
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, internet or other connection 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 Terms of Service.
11. Entire Agreement
These Terms of Service together with the current Services prices and contact details on this Website and Apps, 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 Terms of Service 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 Terms of Service has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms of Service but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
13. Live & Video-On-Demand Streaming Geo-Blocking Rules
The content is not restricted to any country or region, but you should ensure you comply with all local laws relevant to your access to the Website and or Apps, from wherever you are located.
14. Governing Law
Except where otherwise stated by Us, these Terms of Service 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.