TERMS AND CONDITIONS OF USE

  • About us

We are Sports for Tots Virtual Limited (co. reg. no.: 14118153), a company registered in England and Wales under company number: 14118153. Our registered office is at: 16 Kew-An Gew, Praze-An-Beeble, Camborne, United Kingdom, TR14 0FX.

  • How to contact us

You can contact us by: –

South West – 01209 832 312

South East – 0208 301 4455

carly.eagles@sports4tots.org.uk

nick.eagles@sports4tots.org.uk

  • These terms
    • These terms apply to any orders you make on our You must agree to these terms before you place your order.
    • Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Sports for Tots Virtual Limited, and any reference to ‘you’ or ‘your’ is to the person placing an order on our
    • You must be at least 18 years old to place an order on our By placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
    • We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
    • Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
    • Your use of our site is governed by our Website Terms of Use: https://sports4tots.org.uk/terms-conditions/
    • Membership subscriptions last for a fixed period of 12 months. Your subscription will therefore last for at least 12 months, starting from the date we send you an email confirming your order (the “Commencement Date”), unless it is terminated earlier in accordance with these terms.
    • Upon the expiry of each fixed period of 12 months (“Expiry Date”), your subscription shall automatically renew for another fixed period of 12 months unless you notify us that you do not wish to renew in accordance with clause 21 or, the contract is otherwise cancelled by you or us. To be valid, cancellations must be in accordance with these terms.
    • After you place your order, we will send you an acknowledgment email to let you know that we have received your This does not mean that your order has been accepted by us. Your order is an offer to buy goods, services or digital content from us on these terms.
    • Acceptance of your order by us takes place when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms.
    • If we do not accept your order, for example because we are unable to take payment, what you’ve ordered is unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the goods, services or digital content, we will email you using the details you provided when you placed your We have the right to reject any order for any reason.
  • Availability
    • All orders are subject to availability.
    • We cannot guarantee that any goods, services or digital content will be available at any given time. We also cannot guarantee that access to services or digital content will be uninterrupted, error free or secure. For example, access to digital content may be temporarily unavailable while we carry out maintenance or for other technical reasons.
    • In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain goods, services or digital content. If this happens and it affects your order, we will notify you by email, cancel your order and:
      • in respect of any affected services, provide you with a refund of any advance payments made by you for any affected services that have not yet been provided; and
      • in respect of any affected goods or digital content, provide you with a full refund (including any delivery costs, if applicable).
    • Descriptions
      • Descriptions of our goods, services and digital content are set out on our Please read the descriptions carefully.
      • Any pictures and images provided on the site, including of packaging, are for illustration purposes only. Your goods and their packaging may vary slightly from those pictures or images.
    • Technical requirements for digital content
      • You will need internet access to download the digital content and you are responsible for any charges you may incur in connection with your
      • We are not liable to you if you are unable to download the digital content due to a poor internet connection, because your device does not meet the minimum technical requirements, or for any other reason outside of our reasonable control.
    • Delivery of goods
      • Where you order goods from our club shop, we will deliver your goods to the address specified by you when you placed your
      • If we are unable to follow your delivery instructions, we will notify you by email, cancel your order and refund you the price of the goods (but not the delivery charge).
      • Please examine the goods as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible.
      • Once your order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the goods passes to you and the goods are classed as having been ‘delivered’. This means that you are responsible for the goods and we are not liable to you if the goods are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the goods are faulty or misdescribed. Ownership of the goods passes to you once you have paid for them in full.
    • Delivery dates and costs
      • You will be given available delivery options to choose from when you place yourWe do not deliver to any address outside of the UK.
      • Your goods will be delivered on the selected delivery date or within the delivery period specified, depending on the delivery option you chose when you placed yourWe will deliver your order within 30 days of the order confirmation email unless otherwise agreed between you and us.
      • Any delivery dates stated during the order process, or in your order acknowledgment or order confirmation emails, are estimates, unless we have agreed a specific delivery date with you.
      • We will do all that we reasonably can to deliver your order within the delivery period or on the delivery date agreed with you. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
    • Delivery of digital content
      • You will acquire access to the digital content and resources when you purchase a membership subscription. The digital content and resources can be accessed in our exclusive members area.
      • When you purchase a membership subscription, we give you a licence to download and use the digital content provided you follow all of the rules in these terms. The licence starts when you download the digital content and ends when our contract with you ends (i.e. when you or we cancel your subscription). Once the contract ends, you lose access to the members area and any digital content and resources stored therein.
      • A membership subscription entitles you to access on one device at a time and at one location only. ‘Location’ for these purposes means, for example, a nursery or school site. If you wish to use the digital content and resources at more than one location, you must purchase an additional membership subscription for each additional location. It is a condition of this contract that you must not: –
        • Use or seek to use your membership subscription in or at more than one location;
        • Share your login or access details with anyone else;
        • Share the digital content or resources with anyone else, other than in the course of using the content and resources at the one location to which the membership subscription applies;
        • Permit anyone else to use your login or access details, the members area or the digital content and resources contained therein;
        • Use or retain any resources accessed via our members area after your subscription ends or, make copies of the same for the purpose of doing so.
      • If you are a consumer, the licence is for your personal and domestic use only. You must not use the digital content for commercial, business or resale purposes.
      • If you are a business customer, the licence is for your internal business purposes only. You must not use the digital content for any resale purposes.
      • You do not own the digital content or any of its contents but you may use it as set out in these terms. You are not allowed to pretend that the digital content is your
      • You must not conceal, change or remove any markings which show who owns the digital content and resources, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings, or try to circumvent any digital rights management or technical protection measures put in place to prevent you from using the digital content in a way that you are not allowed to.
      • If you do not comply with any term in this clause, we have the right to end our contract with you immediately by sending an email to the address you provided when you placed your
      • If we end our contract with you in accordance with clause 8:
        • you will not be entitled to a refund and we may seek to recover reasonable compensation from you according to law to cover losses resulting directly from your breach;
        • you must immediately stop using the digital content and resources from our members area;
        • we may remotely block your access to the digital content;
        • you must delete or remove the digital content from any devices; and
        • we may delete or suspend access to your
      • Use of digital content and resources
        • The very nature of our services and digital content is to facilitate the carrying out of physical activities and exercise. Whilst guidance is given within our resources as to how to carry out the activities properly, including appropriate warm up activities, taking part in any physical activity contains a degree of risk and we are not responsible for the safety of participants or, for ensuring that you use the resources or carry out the activities suggested in a safe way. You should: –
          • Carry out appropriate risk assessments;
          • Carry out an appropriate safety briefing prior to undertaking any activity; and
          • Ensure that the activities included within the resources we have supplied are carried out in a safe and sensible manner, and in accordance with your own risk assessments and any guidance issued by us.
        • Prices
          • Prices for our goods, services and digital content are set out on our
          • At our sole discretion, our prices may from time to time include multi-purchase discounts; for example, where you are an Early Years Services provider and wish to acquire subscriptions for each of your sites. Further details can be found on our website.
          • All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges.
          • Prices for our goods, services and digital content, as well as delivery charges, may change at any time but, except as set out in clauses 5 and 12.6 below, such changes will not affect existing orders.
          • If there has been an error on the site regarding the pricing of any of our goods, services or digital content and this affects your order, we will try to contact you using the contact details you provided when you placed your We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
          • Where we change the prices for our subscription, the price of your current membership at that time will not be affected. However, the new price will apply upon a renewal (including automatic renewal) of your membership subscription.
        • Payment
          • Any goods or digital content you buy from us must be paid for in advance via our website. We will take payment from your card before we send you your order confirmation email.
          • If we are unable to take payment from your card, we will try to contact you using the contact details you provided when you placed your If we are unable to contact you, we will cancel your order and notify you by email.
        • Consumer cancellation rights

This clause 14 only applies to you if you are a consumer.

  • Except in the circumstances listed in clause 2, you have the right to change your mind and cancel your order as follows:
    • in respect of orders for goods, you have 14 days from the delivery date to cancel your order; and
    • in respect of orders for services or digital content, you have 14 days from the date of your order confirmation email to cancel your
  • You do not have the right to cancel orders for perishable, bespoke or personalised goods. You also lose your right to cancel in the following circumstances:
    • if you remove or break a protective or hygiene seal attached to any goods;
    • if you requested for us to start providing the services during the 14-day cancellation period and the services are fully performed during this period; or
    • once you start to download the digital content.
  • To cancel your order, please email or call us. To help us process your cancellation more quickly, please have your order number ready or include it in the email you send to us.
  • Returning goods if you cancel your order

This clause 15 only applies to you if you are a consumer.

  • If you cancel an order for goods and you have already received your order, you must return the goods to us within 14 days of telling us that you want to cancel your The deadline is met if you send the goods back to us before the 14-day period has expired.
  • We strongly recommend that you get proof of postage. We may withhold the refund until we have received the goods back from you or until you have provided us with evidence that you have sent the goods back (whichever is earlier).
  • Goods must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. You are responsible for the goods while they are in your
  • Unless the goods are faulty or misdescribed, you are responsible for the cost of returning the goods to us.
  • Refunds if you cancel your order

This clause 16 only applies to you if you are a consumer.

  • If you exercise your right to cancel under clause 14, we will provide you with a refund as soon as possible.
  • If you cancel an order for goods and have already received goods, we will issue the refund no later than 14 days after the day we receive the goods back from you or, if earlier, you provide us with evidence that you have sent the goods back. Otherwise, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel.
  • Your refund will be subject to the following deductions:
    • if you chose a delivery option that is more expensive than the cost of standard delivery, we will only refund the cost of standard delivery;
    • if you handled the goods in a way beyond what might reasonably be permitted in a shop and this resulted in a loss in value of the goods, we may make a deduction from the refund for such loss in value; and
    • if services have been provided during the 14-day cancellation period at your request, we will make deductions from any refund due to you for the services we provided up to the time that you told us that you want to cancel.
  • We will issue your refund to the same payment method you used when you placed your
  • If the right to cancel does not apply because of one of the circumstances listed in clause 2, you will not be entitled to a refund unless the goods, services or digital content are faulty. See clause 17 below.
  • Faulty goods, services or digital content—consumers

This clause 17 only applies to you if you are a consumer.

  • Any goods or digital content that we provide to you will be as described, fit for purpose and of satisfactory quality. Any services that we provide to you will be provided with reasonable care and skill.
  • If there is a problem with any goods, services or digital content you have purchased from us, please contact us as soon as reasonably possible.
  • Events beyond our control

We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

  • Our liability to consumers

This clause 19 only applies to you if you are a consumer.

  • Subject to the below, we will not be liable for any loss, damage or injury suffered by you, or any participant taking part in activities, when using our digital content and/or resources.
  • If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
  • We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
  • Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
  • Our liability to business customers

This clause 20 only applies to you if you are a business customer.

  • Subject to the below, we will not be liable for any loss, damage or injury suffered by you, or any participant taking part in activities, when using our digital content and/or resources.
  • Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total amount you have paid to us in connection with this contract in the 12 months before the date on which you notify us of the breach.
  • We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
    • consequential, indirect or special losses; or
    • any of the following (whether direct or indirect):
      • loss of profit;
      • loss or corruption of data;
      • loss or corruption of software or systems;
      • loss or damage to equipment;
      • loss of use;
      • loss of opportunity;
      • loss of savings, discount or rebate (whether actual or anticipated); or
      • harm to reputation or loss of goodwill.

 

  • Nothing in these terms will limit or exclude our liability for:
    • death or personal injury caused by negligence;
    • fraud or fraudulent misrepresentation; or
    • any other losses which cannot be excluded or limited by law.
  • Automatic renewal of membership subscription

If you do not want your membership subscription to automatically renew, you must notify us in writing at least 14 days before the relevant Expiry Date.

  • Your information

Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what information we collect and hold about you, and how we collect, store, use and share such information.

  • No third-party rights

No one other than us or you has any right to enforce any of these terms.

  • Governing law and jurisdiction

These terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).

  • General terms
    • You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
    • If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
    • If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
    • If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.
    • If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.