Terms of Use

OUR TERMS

1. THESE TERMS

What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

Why you should read them. Please read these terms carefully as by using our free services or buying any services and goods from us you are agreeing to them. They tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Skillabus CIC a company registered in England and Wales. Our company registration number is 12846856 and our registered office is at 23 Cautley Drive, Killinghall, Harrogate, North Yorkshire, HG3 2DJ.

2.2 How to contact us. You can contact us by email at [email protected].

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide us.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we place it via our website/app, or when we email you to accept it if you have placed the order by email. At this point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Service Access. When you purchase a service (e.g. online course or bundle), or request a free service, we grant you a license to access (stream) the content for your household use for a specific period. The price and access period are set out on our website/app and will be confirmed to you during the ordering process, and usually in a confirmation email too. The licence does not include (i) downloading any content for off-line use or (ii) copying the content. After the specified period, your licence to access the content will lapse and the agreement between us will be terminated in accordance with these terms, unless you renew your licence.

4. OUR PRODUCTS

Services (our online courses and digital products) and physical products may vary slightly from their pictures. The images of the services and products on our website are for illustrative purposes only. Although we have tried to display the colours, quality and definition of the courses and products accurately, we cannot guarantee that they accurately reflect the colour or quality/definition that your device or the physical product will display. Your internet connection speed or bandwidth may impact the quality of the digital content you are able to access.

5. YOUR RIGHTS TO MAKE CHANGES

We do not usually accept requests to make changes to which digital services you can access after purchase. If you do want to make a change please email us with your request and we will consider it although any changes are entirely at our discretion. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).

6. OUR RIGHTS TO MAKE CHANGES

6.1 We may change the services and products:

as part of enhancing or refining the online content or physical products; and
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat. If these changes affect your use of the services and products we will notify you if we are aware that this is the case.

7. PROVIDING THE PRODUCTS

7.1 Price: prices and charges will be clearly displayed during the ordering process when you make a purchase.

7.2 Delivery charges. The charges for physical product delivery will be as displayed to you on our website or communicated by email in the event of a non-standard activity (e.g. shipping physical content outside the UK). There is no charge for delivery of digital content.

7.3 When we will provide the services and products:

7.3.1 Services. We will make the digital content available for you to view as soon as we accept your order, except where you are purchasing for an organisation, in which case we may need

additional information from you (e.g. class sizes and class names, in the case of a school); or
where we need to send you a code to share with your members, which we will seek to do within 1 working day of you placing the order

7.3.2 Physical products. We will contact you with an estimated delivery date. We will seek to get them to you within 5 working days if your delivery location is within the UK.

7.3.3 Duration of supply. We will supply the digital services and physical goods (up the specified amount) to you until the specified subscription period expires or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.

7.4 We are not responsible for delays outside our control. If our supply of the services or physical products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may ask to end the contract and receive a refund for any products you have paid for but not received.

7.5 When you become responsible for physical products. Physical products will be your responsibility from the time we deliver them to the address you gave us or you or a carrier organised by you collect it from us.

7.6 When you own goods. You own any physical products provided once we have received payment in full.

7.7 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services and products to you, for example, class names and sizes in the case of a school, your billing or delivery address or your payment information. If so, this will have been stated in the description of the products on our website/app. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the product as requested by you or notified by us to you (see clause 6).

7.9 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days in any 6 month period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.10 We may also suspend supply of the services and physical products if you do not pay. If you do not pay us for the products when you are supposed to we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.6).

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)

8.3.1 For digital services: as long as you have not started to view our digital services, you have 14 days from when we acknowledge your order online (e.g. confirming purchase), or in the case of orders placed over email, from when we email you to confirm we accept your order. If you have started to view our services you cannot change your mind.

8.3.2 For physical products, you have 14 days from when you receive the products as long as you have not marked or damaged the products or mixed them inseparably with other items after their delivery.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by email, providing your name, details of the order and the email address used to place the order(s).

9.2 If you are exercising your right to change your mind you must send physical products back to us within 14 days of telling us you wish to end the contract.

9.3 When we will pay the costs of return. We will pay the costs of return:

if the physical products are faulty or misdescribed;
if you are ending the contract because we have told you of an upcoming change to the physical product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances including where you are exercising your right to change your mind you must pay the costs of return.

9.4 How we will refund you. If we make a refund, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
Where the product is a digital service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your address or updated or correct payment information;
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
you breach a material term of this agreement.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us by email.

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is physical goods, for example t-shirt or other tangible items, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us for a return label or to arrange collection.

12. PRICE AND PAYMENT

12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4 When you must pay and how you must pay. When you must pay depends on what product you are buying:

For digital content, you must pay for the products before you download them.
For physical goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Lloyds Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly by email to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we reserve the right to charge you interest on correctly invoiced sums from the original due date.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable . Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2 ; and for defective products under the Consumer Protection Act 1987

13.3 Liability for Personal Injury. You acknowledge and accept that by participating in any physical activity, especially in sport, there is some degree of physical risk. We exclude all liability, as far as legally allowed, for injuries sustained during the performance of the activities that we demonstrate in our videos. You should ensure that your children are supervised at all times by a responsible adult and you should stop the exercise if at any point you think there might be a danger to any participant.

13.4 When we are liable for damage to your property.. We are not liable for any damage to your property that occurs whilst you are performing the exercises demonstrated in the Sport Diddy Web-site membership. You should always ensure that the exercises are carried out in a suitable sized and safe space.

13.5 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

13.6 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. YOUR USE OF THE DIGITAL CONTENT

14.1 You are only allowed to use our digital services for your private use only. This would include with family members within your household, or in the event that you have bought or been given access by us to services and products from us that are expressly designed to allow members of an organisation (e.g. a school or sports club) to access the content then it includes those members..

14.2 For the avoidance of doubt you may not re-distribute, copy or in any way publish or make available our digital content in a way not permitted by this Agreement. This includes posting our digital content directly onto social media or the internet. You may to a limited extent post videos or pictures of your children performing the skills whilst watching our content but only if our content is only incidentally or peripherally featured in your video or picture.

14.3 You may allow your family members or those under your care as legal guardian, or your members in the case of an organisation, to watch and enjoy our digital content. You may also allow our digital content to be viewed by the friends of your children and members whilst they are in your and your member’s company.

14.4 If you use or make available our digital goods to any other people, for example where you play our digital content to a large group of people other than those you expressly purchased it for, or where you give your log in details to someone other than yourself, you may be liable to us for our loss of income arising out of the sale we might otherwise have made.

15. HOW WE MAY USE YOUR PERSONAL INFORMATION

15.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy.

16. OTHER IMPORTANT TERMS

16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we believe that you may still have access to our digital services or that you may be extending the number of people who can access the our digital services where such persons would otherwise be required to purchase their own subscription.

16.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

16.5 Which laws apply to this contract and where you may bring legal proceedings. This contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this contract or its subject matter or formation.