1.1 These terms and conditions shall govern your use of On Point Training Ltd and The Barn KT9 (The Company) services and website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, purchase from our booking website or use any of our company services, we will ask you to expressly agree to these terms and conditions.
2. Registration and accounts
2.1 You may register for an account with our website at checkout upon purchasing a service by completing and submitting the account registration form on our website, and agreeing to the terms & conditions OR you may purchase services (e.g. classes or courses) as a guest.
2.2 You must not allow any other person to use your account to access the website.
2.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
2.4 You must not use any other person’s account to access the website[, unless you have that person’s express permission to do so].
3. Online Purchases
3.1 Purchases made on the website are processed via Stripe.
3.2 You do not need to have a Stripe account in order to make payments via the website, you can use the system as a guest.
3.3 You are not entitled to a refund on any purchase (including group packages).
3.4 The Company may offer a refund at their discretion. This may not be the full amount initially paid.
4. Class Packs
4.1 You can either purchase a single class or pack of 5 classes.
4.2 Payments are taken through Stripe via Instabook on our booking system as and when purchased.
4.3 Purchased Classes last for a maximum of 3 months and then will expire.
4.4 You are not entitled to a refund for membership payments under any circumstances, even if you have not used the services of the company for an extended period.
5. Cancellation and suspension of membership
5.1 The Company may:
(a) suspend your membership;
(b) cancel your membership; and/or
(c) edit your membership details,
at any time in our sole discretion with or without notice to you.
5.2 The Company is entitled to increase class costs at our discretion but is obliged to give 1 month’s notice of rate changes.
6. User login details
6.1 If you register for an account with our booking website, you will be asked to choose a user ID and password.
6.2 You must not use your account or user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Limited warranties
7.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
7.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
7.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
8. Limitations and exclusions of liability
8.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
8.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
8.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
8.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
8.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
8.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
8.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
9. Breaches of these terms and conditions
9.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) suspend or delete your account on our website.
9.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation creating and/or using a different account).
10.1 We may revise these terms and conditions from time to time.
10.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
11. Our details
11.1 This website is owned and operated by Emily Pointer.
11.2 We are registered in England and Wales under registration number Company No 10658878 and our registered office is at Rushett Farm, Leatherhead Road, Chessington. KT9 2NH
11.3 Our principal place of business is at Rushett Farm, Leatherhead Road, Chessington. KT9 2NH
11.4 You can contact us:
(a) by post, to [the postal address given above];
(b) using our website contact form;
(c) by telephone, on 07725901720; or
(d) by email, using firstname.lastname@example.org
12. Covid-19 Government Guidelines
12.1 Personal and Small Group Training resumed at On Point Training Ltd and The Barn KT9 as of 26th May 2020 in accordance with Government Guidelines
12.2 Group Classes commenced at The Barn KT9 and On Point Training Ltd as of 25th August 2020 in accordance with Government Guidelines
12.3 Clients who resume training with On Point Training Ltd must abide by the health & safety guidelines stated here
12.4 Clients who do not abide by the health & safety guidelines stated on the website will not be able to hold The Company responsible for any damage obtained to themselves or their property through injury, illness, disease or death.
12.5 Clients who attend group classes do so under the agreement that they will not take legal action upon The Company if they contract Covid-19