Terms & Conditions
TERMS AND CONDITIONS
WE offer every new prospective member a free trial class for them to evaluate our services.
Free uniform offer is subject to students signing up and making initial payment for one of our programmes.
Provision of our service is subject to payment of our published fees and conduct in accordance with the traditions of our style and standards laid out in our safeguarding and federation members' handbooks (all available on request). In certain circumstances, we have the right to decline requests for membership - a full written explanation will be provided on request.
You must give full disclosure of any possible conflict of interest when signing up to one of our programs, such as membership/affiliation to any other martial arts organisation – failure to disclose can result in the termination of your membership and recovery of any losses/damages to our school because of any undisclosed activities.
Breach of safeguarding and federation rules or non-payment may result in our cancelling your membership.
If for whatever reason, you decide to cancel your membership, we require 30 days' notice in writing of the cancellation.
FEES AND BILLING CYCLE
Tuition fees are collected at a discounted rate for either payment by direct debit on the 1st, 15th or 28th of the month or by one of our annual discount rates.
Each billing cycle assumes an equal number of four weeks per calendar month thus, direct debit collection amounts do not vary. Therefore, each member only pays for 48 weeks of a 52-week year - this allows for school closures during holiday periods and student voluntary absences.
Opening over bank holiday weekends is at the owner’s discretion.
Every endeavour will be undertaken by us to provide you with the highest quality of lesson content regularly - unforeseen circumstances such as equipment failure, adverse weather conditions, natural disasters, pandemics, outbreaks of war, riots, civil unrest and/or illness may lead to lesson cancellations we will give you as much notice as feasibly possible in such circumstances.
This direct debit request service agreement (Agreement) forms part of the terms of the direct debit request (DDR) and is to be read in conjunction with the direct debit request.
By setting up DD, you authorise GoCardless Ltd to arrange funds to be debited from the nominated account on the dates and for the specified amounts.
Direct debit is not available on a full range of bank accounts. If in doubt, check with your financial institution.
Direct all other enquiries about your DD to MACK Kickboxing at 07305042274.
The bank account name refers to the entity or person(s) name held by the account.
CANCELLATION OF DIRECT DEBIT
A Direct Debit is in force until it is cancelled.
A notice period is 1 MONTH.
This notice may be given to MACK Kickboxing in writing or over the phone on 07305042274.
If a due date falls on, or a date specified by the account holder is, a non-business day, the debit item will be processed on the next business day. Enquiries regarding non-business day debit processing may be referred to the financial institution’s branch where the account is held.
It is the responsibility of the account holder(s) to have sufficient clear funds available in the account on the requested or due date to permit the payment of debit items initiated.
You must arrange with us a suitable payment alternative if your nominated bank account is transferred or closed.
If the debit item is returned unpaid by the financial institution, it may result in the account holder(s) being liable for dishonour fees charged by that financial institution. General interest charges on outstanding amounts may apply.
Your data is never shared with a third party.
Direct Debit bank details are used only by GoCardless Ltd.
ASSUMPTION OF RISK
Undertaking training in Martial Arts is a very rewarding activity with many benefits however you should seek medical advice before taking part in any physical activity. There are certain inherent risks in undertaking Martial Arts training - we minimise these risks to you however, your safety is also your responsibility in the following instruction and using only the approved/supplied equipment.
WAIVER OF LIABILITY: You represent that for any user of our service/product that he/she is in good physical condition and can use the facilities of MACK Kickboxing.
You hereby acknowledge that he/she is fully aware of the risks and hazards inherent in the practice of martial arts and in fitness activities and hereby assumes voluntarily all risks of loss, damage, or injury (including death) that may be sustained by use of our product/service or to his/her property. You hereby accept full responsibility for the use of, or participation in, any and all classes, services, equipment, demonstrations or events, whatsoever owned, operated or sponsored by MACK Kickboxing, whether on-site or off-site and hereby releases and agrees to hold harmless MACK Kickboxing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured from us.
Or for any other claim related in any way any product/service provided by us, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility, our liability shall be limited to the maximum extent permitted by English law.
This release shall be binding upon the heirs, distributes, next of kin, executor, and administrator of each of the school/club members.
Conditions of attendance means that you are required to self-certify that you are any of your household are not displaying any of the published symptoms of COVID-19.
That you are not classified as a vulnerable person that requires shielding
You are not feeling unwell
We encourage you to take a lateral flow test on your day of training as proof that you are not infectious.
You agree to comply with MACK Kickboxing precautionary measures as detailed in our COVID-19 risk assessment.
USE OF MEDIA
You give full permission, in perpetuity, for media, including but not limited to audio, photographs, and video, to be taken of yourself/child in your care during martial arts program events and to be used in promotion of the program. You understand that there will be no compensation for such use, and you release all claims for all damages resulting from such use.
You can withdraw your consent (but not retrospectively) to the above by notifying MACK Kickboxing in writing.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any third party's rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
This website is operated by MACK Kickboxing. Throughout the site, the terms “we”, “us”, and “our” refer to MACK Kickboxing. MACK Kickboxing offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Adminmymembers. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
MACK Kickboxing is not responsible for any loss or damage you may suffer from incorrect or incomplete account details that you have provided to us, delay by your financial institution or us or any other such event relating to Direct Debit agreements.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools that we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
IN-STORE / KERBSIDE PICKUP
This is our default method of shipping to keep your costs to a minimum.
Customers may purchase our products online and visit your store for a quick pickup—sometimes never even having to leave your vehicle.
We will e-mail/text you when your order is ready and give you a pick-up date and time slot - if you cannot make this time contact us quoting your order number via either email or text.
On arrival in your agreed time slot text “arrived for pickup” and your order no to 07305042274
All customers to produce sufficient identification at the pick-up point (i.e., Drivers Licence), including the card that was used for payment.
If you require items to be shipped to a specified address, please contact via email at firstname.lastname@example.org in order for us to arrange this (please note there could be additional charge for this service).
REFUND AND RETURNS POLICY
We have a 30-day return policy, which means you have 30 days after receiving your item to request a return.
To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
To start a return, you can contact us at return is accepted email@example.com. We’ll send you a return shipping label and instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
You can always contact us for any return questions at firstname.lastname@example.org.
DAMAGES AND ISSUES
Please inspect your order upon reception and contact us immediately if the item is defective or damaged or if you received the wrong item so that we can evaluate the issue and make it right.
EXCEPTIONS / NON-RETURNABLE ITEMS
Certain types of items cannot be returned, like perishable goods (such as food, and supplements), and custom products (such as special orders or personalized items). We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item.
Unfortunately, we cannot accept returns on sale items or gift cards.
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.
We will notify you once we’ve received and inspected your return and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
We do not refund any tuition fees paid either for in-person or online classes.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You agree to indemnify, defend and hold harmless MACK Kickboxing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable English law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us in writing 30 days prior to termination that you no longer wish to use our Services, or when you cease using our site. Block bookings of classes are not refundable.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com.
You signal agreement with the above when you purchase any item/program/course/book a class (including those offered for free) either on our website or the club APP.
UPDATED 1st September 2021