TERMS OF SERVICE
THE FOLLOWING TERMS AND CONDITIONS APPLY IF YOU VISIT OUR SITE OR IF YOU MAKE A BOOKING. THEY FORM PART OF ANY AGREEMENT BETWEEN YOU AND US AND SO YOU NEED TO READ THEM BEFORE YOU TAKE ANY ACTION – WE’LL ASSUME THAT YOU HAVE.
“We”, “Us" “Our” are Sound Education Limited, Company Number 06750340, Registered Office Unit 9, White Hall Properties, Town Gate, Bradford BD12 9JQ trading as “Junior Jam”
“Site” is www.juniorjam.co.uk
“You” are a visitor to the Site and/or someone who wants to use our services
1. DEFINITIONS – There are some definitions at the bottom of the page.
2. YOUR PROMISES TO US
You warrant and agree that:
2.1 you have the right to make this Agreement with us and that you are over the age of 18 years
2.2 you will have only one Account with us
2.3 all of the information you give to us when you open an Account is true, accurate and complete and that you are not opening the Account for anyone else
2.4 if you follow any links we have on the Site, you will read the T&Cs on the sites we link you to
2.5 you won’t use robots, spiders, scrapers or similar things on the Site
2.6 you won’t try to get around any things we put on the Site to stop or limit access to parts of it
2.7 you won’t do anything that might cause our systems to crash
2.8 you won’t steal, borrow, copy or otherwise obtain the Site or any part of it for use in any other site or application
2.9 you won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with the Site or the services it offers
2.10 you won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own.
3. INTELLECTUAL PROPERTY
3.1 Either we or our affiliates own all of the information and intellectual property on the Site and which we use in the sessions or deliver with any of the other services we offer.
3.2 You don’t have the right to copy or use any of that information or intellectual property other than to use the Site, unless we give that right to you.
You warrant and agree:
- that you have told us before the delivery of any of our services or any session of anything which might affect its delivery or any advice or assistance we might give you
- that you must follow all advice we offer in relation to the service or the session
- that if we offer advice which you choose not to take we will not be liable for the consequences.
5. PAYMENT & BANK/CREDIT CARD NUMBERS
5.1 You will pay each invoice we deliver to you within 30 days of the date of that invoice or within any other period mentioned in that invoice.
5.2 If we offer you the ability to pay us by instalments you agree:
· not to cancel any arrangement or fail to pay all such instalments
· if one or more instalment is not paid on the date it is due to be paid we may:
- cancel any order you have made with us or stop delivering any services we have agreed to provide; or (at our option)
- treat the entire balance due under the instalment arrangement as being immediately due and payable.
· If any payment due to us is delayed by more than 30 days or not made within the time specified in the invoice, we may charge you interest upon it (and the balance due if we decide to pursue the entire balance) at the rate of 8% per month compounded.
· If any payment is not made by the due date, we may cancel our agreement with you without refunding any part of the fee you have paid.
5.3 We will not retain any information relating to your bank or credit cards.
6. CANCELLATION BY US
6.1 Except for circumstances beyond our control, we will attend all sessions you have booked with us but we can never guarantee that the staff member you have booked will be available for the session. Any substitute will have at least the same level of skills as the staff member being replaced.
6.2 If we are forced to cancel a session, we will refund the value of that session to you within 30 days of that session.
6.3 Payment of the value of any cancelled session will be our entire liability to you if we are forced to cancel any session for any reason.
7. CANCELLATION BY YOU
7.1 You agree that, for the purposes of the agreement between us and for the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, we may confirm the terms of this agreement and the goods and services it is providing to you by email.
7.2 If you are a consumer and:
7.2.1 unless it is to take place within the next 14 days, you may cancel a Programme at any time within the period of 14 days from the date you place your order with us and we will refund all the money you have paid us;
7.2.2 you wish to cancel a Programme within the period of 14 days from the date you place your order with us, we may not be able to make any refund of the monies you have paid us.
7.3 If you are not a consumer then the following terms apply:
7.3.1 unless it is to take place within the next 7 days, you may cancel a Programme at any time within the period of 7 days from the date you place your order with us and we will refund all the money you have paid us;
7.3.2 if you wish to cancel a Programme after the period of 7 days mentioned in sub-clause 7.3.1 has expired then:
126.96.36.199 if a session(s) is cancelled by you more than 15 weeks prior to the start date for that session you will pay us 25% of the session price as a cancellation fee;
188.8.131.52 if a session(s) is cancelled by you in the period between 15 weeks and 6 weeks prior to the start date for the session(s) you will pay us 50% of the session price as a cancellation fee;
184.108.40.206 if a session(s) is cancelled by you less than 6 weeks prior to the start date for the session you will pay us 100% of the session price as a cancellation fee.
7.4 You accept that we will not issue a refund of any nature in the event of a cancellation of a session or of the Programme by you due to:
· poor weather;
· the non-availability of your premises;
· because of school commitments;
· insufficient numbers of attendees.
8. IMEDIA– The following conditions apply to iMedia session:
8.1 Any work uploaded to the Site will be password protected and you agree to use your best endeavours to ensure that such passwords are used only by those people who are authorised by you to use them.
8.2 You acknowledge that we have the right to monitor all work uploaded to our System.
9. HOLIDAY CLUBS– The following conditions apply if we are running a Holiday Club and you are an organisation:
9.1 Unless we have agreed in writing to do so, we will not provide lunchtime supervision.
9.2 You will have a member of your staff present at the end of all sessions to ensure that all children attending the session are collected by their parent or guardian.
10. PPA COVER AND ASC– The following condition applies to PPA Cover and ASC and if you are an organisation:
10.1 You will have a member of your staff present at the end of all sessions to ensure that all children attending the session are collected by their parent or guardian.
11. JUNIOR JAM SESSIONS AT HQ
The following conditions apply to parents/guardians of participants in Junior Jam sessions taking place at our premises:
11.1 Participants should arrive at least 5 minutes before the start of any session.
11.2 Parents may watch any session in which their child takes part but must remain in the areas allocated for that purpose.
11.3 Parents must collect their children promptly at the end of any session. We cannot accept responsibility for any child who is not collected at the end of a session.
11.4 All parking and other facilities we provide are provided at your sole risk and, as far as we are allowed by law, we deny all liability for any loss or damage which you sustain whilst on our premises. (This does not apply to losses or damage arising through personal injury or fraud.)
11.5 Both you and your children must at all times whilst on our premises act in a proper manner. If, in our sole opinion, we consider any behaviour to be unacceptable, we may terminate any Programme you have purchased from us without refunding any monies you have paid to us.
11.6 You agree that we may take still and moving images of your children whilst attending any sessions and that these images may be used by us at any time and for any reason without payment to you or your child.
11.7 You understand that we are insured for most issues which would affect you or your child but injuries sustained when taking part in a martial arts, boxing or other event which involves a heightened risk of injury are not covered by such policies and we advise you to take out appropriate additional insurance for such activities.
11.8 You agree that we may take your child to the green open space in Westfield Land to play sports.
11.9 If your child has any special physical needs, requires 1 on 1 support or any regular medication you agree to advise us of these requirements in your booking with us and accept that we are not able to provide any 1 on 1 support nor can we administer any medication.
12. JUNIOR JAM HOLIDAY CLUBS
The following conditions apply to parents/guardians of participants in Junior Jam Holiday Clubs:
12.1 Unless we hold a signed consent form from you before any session starts your child will not be allowed to participate in that session and we will not refund any fees you have paid us.
12.2 Participants should arrive at least 5 minutes before the start of any session.
12.3 Parents and guardians may not stay and watch their children participate.
12.4 Parents must collect their children promptly at the end of any session. We cannot accept responsibility for any child who is not collected at the end of a session.
12.5 All parking and other facilities we provide are provided at your sole risk and, as far as we are allowed by law, we deny all liability for any loss or damage which you sustain whilst on our premises. (This does not apply to losses or damage arising through personal injury or fraud.)
12.6 Both you and your children must at all times act in a proper manner. If, in our sole opinion, we consider any behaviour to be unacceptable, we may terminate any Programme you have purchased from us without refunding any monies you have paid to us.
12.7 You agree that we may take still and moving images of your children whilst attending any sessions and that these images may be used by us at any time and for any reason without payment to you or your child.
12.8 You understand that we are insured for most issues which would affect you or your child but injuries sustained when taking part in a martial arts, boxing or other event which involves a heightened risk of injury are not covered by such policies and we advise you to take out appropriate additional insurance for such activities.
12.9 If your child has any special physical needs, requires 1 on 1 support or any regular medication you agree to advise us of these requirements in your booking with us and accept that we are not able to provide any 1 on 1 support nor can we administer any medication.
13. LOSS OR DAMAGE OF OUR EQUIPMENT
If you or those for whom you are responsible cause any breakage, loss or damage to any of our equipment or the premises we control you will make good that loss in full within 7 days of receiving an invoice from us for the amount due.
14. CRB & ID CHECKS
We warrant that all persons conducting any session will have and we will hold Enhanced DBS/CRB checks which have been renewed at least every 3 years. You may not cancel any session because our policy on this issue does not comply with yours.
If within 3 months of conducting a session you choose to offer any person who conducts that session for us a permanent or temporary position or any freelance work in a role which is similar to that which that person provided to you in any such sessions, you will pay us a fee of £2,000 plus VAT as a commission for introducing that person to you.
You will provide (without charge) at least one parking space for the persons conducting a session and that parking space will be no more than 20 metres from the entrance to the premises in which the session is to take place. If parking is difficult or not available within 15 minutes of the agreed start of any session, we may treat you as having cancelled that session.
17. LATE COLLECTION
You understand that the staff we employ work to very specific timetables which are difficult to amend and you agree that if you do not collect your child by the time we have advised you, we have the right to charge a fee of £5.00 for each 5 minutes or part of 5minutes you are late collecting each child for which you are responsible.
19.1 We can’t promise that the Site will meet your needs; that it will work properly; that it will be fit for a particular purpose and that it will not infringe the rights of others.
19.2 We can’t promise that the Site will work with all systems; that it will be secure and that all information provided will be accurate.
19.3 Any advice given on the Site is general in nature and may not apply to you and/or your circumstances. Unless the advice is given to you as part of a paid for service we offer on the Site, you must take steps to double check that that advice is effective for you.
19.4 We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage caused by material on the Site, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur.
19.5 Because we cannot know and understand your personal circumstances, we cannot guarantee that any suggestion in any material we provide will cause any specific outcome and any and all such material is provided by way of general suggestion only and not in any form of warranty on our part as to any outcome you may achieve.
19.6 The only rights you have under these T&Cs are those mentioned within them. If a right is not mentioned (unless it is a right given to you under the laws of England and Wales) then it does not exist.
20.1 We do our very best to make sure that you do not experience any problems but if you do, you must tell us straight away.
20.2 We will do what we can to resolve the problem as quickly as we can and without charge to you if we agree that you have a problem.
20.3 If we cannot resolve an issue immediately, you may invoke our Complaints Policy
21. AVAILABILITY OF THE SITE
21.1 We never guarantee that the Site will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result.
21.2 We have the right to change the Site and the services it offers, suspend it or stop it at any time.
22. LIMITATION OF LIABILITY
22.1 As far as we are allowed by law, we deny liability for any losses of all kinds which you incur from visiting the Site and from using the services we offer. You use the Site at your own risk.
22.2 We do not accept any liability if you are using the services we supply for commercial purposes.
22.3 Nothing in these T&Cs excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
23. LINKS TO OTHER WEBSITES
23.1 We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and we disclaim liability for any losses which come out of you using them.
23.2 Just because we link to a site does not mean that we endorse or recommend that site.
23.3 We can never guarantee that a link will work.
23.4 If you find any link we offer to be offensive, please let us know and we will consider removing it.
23.5 If you link to any other site using the Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.
24. MODIFICATIONS TO THESE TERMS AND CONDITIONS & THE SITE
24.1 These T&Cs will change from time to time and we don’t have the resources to let all our visitors know about the changes. As a result you MUST come back to this page to make sure that we haven’t changed the T&Cs and whenever you access the Site, you are confirming to us that you are aware of any changes.
24.2 We also have the right to change the Site as and when we want to, but these T&Cs will still apply to any changes we make.
25. GENERAL MATTERS
25.1 Operative Law – these T&Cs are made under the laws of England and Wales and that is the only jurisdiction which can govern it/them
25.2 Partnership/Joint Ventures – we and you agree that these T&Cs not form the basis of any partnership or co-venture.
25.3 Effect of Agreement – these T&Cs supersede any previous agreement between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.
25.4 Time of the Essence – time will not be of the essence in any part of these T&Cs.
25.5 Warranties – all parties acknowledge and agree that they have not entered into these T&Cs in reliance on anything said or promised by the other which is not in these T&Cs.
25.6 Force Majeure – if something outside our control happens and that prevents us from performing our services then you accept that we are not liable for the consequences of that failure (this includes such things as strikes, riots, fires, explosions, war, floods and so on). If such an event does happen we will tell you as soon as we are able and resume the service as soon as we can. If we cannot perform the service within a reasonable time, we can cancel it and if we do we will refund to you a fair and reasonable proportion of any payment you have made to us.
25.7 Unenforceability – if a Court or other body says that any part of these T&Cs is unenforceable, the rest of them will stand.
25.8 Notices – if either you or we need to give formal notice to the other it must be done by email to the address that each of us gives to the other from time to time.
25.9 Entire Agreement – these T&Cs contain the entire understanding between us.
Account means, collectively, the personal/identifying information and credentials used by Users to access the services on the Site.
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.
Programme means any series of sessions which you purchase from us.
Workshop means any individual session we offer in which we provide any of the services that we offer.
System means the communications system or systems we use in connection with the Site.
T&Cs means these terms and conditions.
User means any person, firm or company using the Site for any purpose.