Terms & Conditions of Sale

Soccer South West Ltd Terms & Conditions of Sale

The Client's attention is drawn particularly to clauses 2 and 5.

1. Subject of the contract 

1.1. The subject of the following Contract is the provision of services by Soccer South West Ltd trading as SOCATOTS, whose registered office address is 3 Royal Crescent, Cheltenham, Gloucestershire, GL50 3DA and company number is 15824015 (the “Provider”) and the person entering into this agreement (the “Client”) in respect of the child in the scope of organising and conducting of classes in the SOCATOTS or Brazilian Soccer Schools (“BSS”) football school.

2. Rules of execution of the contract 

2.1. Socatots and BSS football classes are for children with a minimum age of 6 months. 

2.2. The child participates in classes under the supervision of a qualified Coach, SOCATOTS requires parental participation. 

2.3. The child is required to participate in classes in sports outfit purchased from the Provider. 

2.4. Subject to 2.5, the classes are conducted on the dates and times set out in the online class listing as amended from time to time.

2.5 The Provider reserves the right to amend the online class listing without notice and without liability to the Client.

2.6 By entering into this Contract, the Client agrees that they are the parent and/or legal guardian of this child and are duly authorised to enter into it. 

3. Terms of payment 

3.1. The monthly fee for participation in the classes is as set out in the online class listing. 

3.2. Fees are collected in advance for a month’s worth of classes and they are to be paid to the bank account no later than on the 5th day of a given month. 

3.4. Failure to make a payment on time authorises the Provider to exclude the child from classes until the payment is settled. 

3.5. The Client can receive a VAT invoice on request.

3.6 Fees shall be reviewed on an annual basis and the Provider reserves the right to amend the Fees with 45 days notice to the Client, if the Client does not wish to accept the amended fees, the Client may cancel in accordance with 6.2.

4. Calling off of classes / changing classes 

4.1. The Client has the right to cancel the child’s participation in the classes. 

4.2. In case of a class being cancelled by the Provider, then the Provider shall reschedule the class or offer the Client the opportunity to attend an alternative class.

5. Declaration of the condition of a child’s health and disclaimer

5.1. The Client certifies by means of entering into the Contract and the child’s attendance at a class that the child’s health makes it possible for the child to participate in the physical exercises proposed by the Provider.

5.2. The Client accepts that the sports & activities involve an inherent risk of injury. Subject always to 5.3, the Provider shall undertake all necessary risk assessments and provide the classes in as safe an environment as possible and the Client confirms that the Provider will not be liable for any direct or indirect loss, damage or injury arising from or in connection with the activities on the class and shall waive all and any such claims against the Provider. This clause 5.2 shall survive termination of the Contract. 

5.3. Nothing in this disclaimer shall attempt to limit in any way the Provider’s liability for any matter for which it would be illegal or unlawful for it to exclude or attempt to exclude. This clause 5.3 shall survive termination of the Contract. 

6. Duration of the contract 

6.1. Subject to 6.1 and 6.2, the Contract is entered into for the time from the day on which the Client books a class online (including taster classes) to the moment the child turns sixteen years old provided that the Provider will secure classes for the proper age group.

6.2. The Client has the right to terminate the Contract while maintaining the 1 calendar month period of notice. The period of notice is being counted from the last day of the month in which notice is given.

6.3. The Provider has the right to terminate the Contract with immediate effect and without liability to the Client in case of unsettled payments, a breach or anticipated breach of this Contract by the Provider or Client or where in the reasonable opinion of the Provider the participation of the Client or child may be disruptive to the proper functioning of the class.

7. Data Protection

7.1. The Client expressly consents to the processing of his/her personal data by the Provider and their partners Socatots UK Ltd and FDS UK Ltd in accordance with their Privacy Policies and related policies. 

7.2. The Client gives consent for the Provider to use his/her personal data to contact the client to market the goods and services of Socatots UK Ltd, FDS UK Ltd and of goods and services it provides with its partners. The Client may opt-out of this at any time by notifying the Provider by sending an email to ssw@socatots.co.uk with the subject 'OPT OUT OF MARKETING'.

7.3. The Provider may wish to take photographs and/or videos of its courses. These photographs and/or videos may feature the Client’s child. The client expressly consents and grants the Provider permission to use the photographs and/or video including in printed publications, promotional materials, in the advertising of its services on its website and social media and to distribute to the Provider’s sponsors, affiliates and partner companies to use for the same purposes. The Client may opt-out of this by updating the profile of the child to reflect this in the 'My Account' section of the website.

8. Dispute resolution

8.1 The parties shall attempt to resolve any dispute arising out of or relating to this Contract through negotiations between senior executives of the parties, who have authority to settle the same. 

8.2 If the matter is not resolved by negotiation within 30 days of receipt of a written 'invitation to negotiate', the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators. 

8.3 If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. The seat of the arbitration shall be England and Wales. The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the parties. Should the parties be unable to agree on an arbitrator, or be unable to agree on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator and for any decision on rules that may be necessary. 

8.4 Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.

9. General

9.1 The Provider shall not be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

9.2 The Client shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.

9.3 This Contract constitutes the entire agreement between the Provider and the Client and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

9.4 The Provider may revise these terms and conditions at any time and shall notify the Client in any such event.

9.5 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.

9.6 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.

9.7 Subject to 9.9, any notice given to the Provider under or in connection with this Contract shall be in writing and shall be delivered by hand or by pre-paid first-class recorded post or other recorded next working day delivery service at its registered office.

9.8 Any notice given to the Client under or in connection with this Contract shall be in writing and shall be delivered by email, by hand or by pre-paid first-class post or other next working day delivery service.

9.9 Where the Client wishes to give notice to the Provider in accordance with clause 6.2 the Client shall do so through the online cancellation process made available by the Provider to the Client, details of which can be obtained from the Provider. 

9.10 No one other than a party to the Contract shall have any right to enforce any of its terms.

9.11 The 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.

9.13 Subject to clause 8, 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 the Contract or its subject matter or formation.