ACTIVITY ALLIANCE – CONSUMER TERMS
Please read the following important terms and conditions before you buy any digital content (such as online materials and training) and/or in person training (such as classroom teaching and courses) from us and check that they contain everything you want and nothing that you are not willing to agree to. We will call the online materials and training “digital content” and the in person training “in person services” in these terms
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content and/or in person services. You do not have this right to cancel once you have accessed the digital content and/or attended the in person services provided you have been told this and have acknowledged this.
The Consumer Rights Act 2015 says digital content and/or in person services must be as described, fit for purpose and of satisfactory quality.
If your digital content is faulty, you’re entitled to a repair or a replacement.
If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back.
If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 0808 223 1133.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘we’, ‘us’ or ‘our’ means the English Federation of Disability Sports Events Management Limited trading as Activity Alliance; and
- ‘you’ or ‘your’ means the person buying digital content and/or in person services from us.
If you have any questions about this contract or any purchases you have made, please contact us by:
- sending an email to learning@activityalliance.org.uk; or
- filling out and submitting the online contact form available here: www.activityalliance.org.uk/contact-us; or
- calling us on 0808 175 6991(our telephone lines are open Monday to Thursday 9am to 5pm and 9am to 4:30pm on Friday’s).
Do you need extra help?
If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this page.
Who are we?
We are: The English Federation of Disability Sports Events Management Limited a limited company registered in England and Wales under company number 05905541 trading as Activity Alliance.
Our registered office is at: EFDS, Sportpark, Loughborough University, 3 Oakwood Drive, Loughborough, Leicestershire, LE11 3QF.
Our VAT number is: 913176732.
We subscribe to the Code for Sport Governance code of conduct, which can be found at A Code for Sports Governance | Sport England
The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.
1. INTRODUCTION
1.1 If you buy digital content and/or in person services from us you agree to be legally bound by this contract.
1.2 These terms and conditions apply only if you are buying digital content and/or in person services on our website as a consumer (i.e. for purposes outside of your business, craft or profession). If you are buying digital content and/or in person services on our website in the course of business, our business terms and conditions apply to such purchases, which can be accessed here.
1.3 This contract is only available in English. No other languages will apply to this contract.
1.4 When buying any digital content and/or in person services on our website you also agree to be legally bound by:
1.4.1 our website terms and conditions and any documents referred to in them;
1.4.2 extra terms which may add to, or replace some of, this contract. This may happen for various reasons including (but not limited to) if we change how we deliver the digital content and/or in person services. If there are any additional terms or changes that will impact the digital content and/or in person services you are receiving, we will contact you to let you know if we intend to do this as soon as we become aware of the changes. You can end this contract at any time by giving 14 days’ notice if we tell you extra terms apply; and
1.4.3 specific terms which apply to certain digital content and/or in person services. If you want to see these specific terms, please visit the relevant webpage for the digital content and/or in person services at any time during the online purchase process.
All of the above documents form part of this contract as though set out in full here.
2. INFORMATION WE GIVE YOU
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 read the acknowledgement email (see clause 4.6); or
2.1.2 contact us using the contact details at the top of this page.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3. YOUR PRIVACY AND PERSONAL INFORMATION
3.1 Our Privacy Policy is available at: www.activityalliance.org.uk/privacy.
3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
4. ORDERING DIGITAL CONTENT AND/OR IN PERSON SERVICES FROM US
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 To place an order on the website, you will need to create an account using your email address and setting a password. These will be your login details and will be needed to access the digital content.
4.3 Once logged in on the website, you will be able to select digital content and/or in person services you want to purchase by clicking the ‘enrol’ button for the relevant item.
4.4 Once you have added the selected digital content and/or in person services to your basket, you will be able to check out using the ‘proceed’ button. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
4.5 Before you place your order, you must check (when ordering digital content) that the hardware and software requirements of your computer or device mean that you can access the digital content. Please refer to our website if you want to see the minimum requirements.
4.6 When you place your order at the end of the online purchase process (eg when you click on the proceed button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.
4.7 We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.7.1 the digital content is unavailable;
4.7.2 we cannot authorise your payment;
4.7.3 you are not allowed to buy the digital content and/or in person services from us;
4.7.4 we are not allowed to sell the digital content and/or in person services to you;
4.7.5 there has been a mistake on the pricing or description of the digital content and/or in person services; or
4.7.6 the in person services you have chosen are at full capacity.
4.8 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
4.8.1 a legally binding contract will be in place between you and us; and
4.8.2 we will as soon as reasonably practicable provide access to the digital content providing you have waived your right to cancel. If you have not waived your right to cancel, we will provide access to the digital content 14 days after the date you placed the order.
4.9 You should retain a copy of the Confirmation Email as this is your receipt.
4.10 If you are under the age of 18 you may not enter into a contract to buy any digital content and/or in person services from us.
4.11 Our digital content and in person services are generally not suitable for under 18s. Some are suitable for those over 14 – if this is the case this will be specified in the details on our website. You may not therefore purchase digital content and/or in person services on behalf of somebody under the age they are suitable for as set out on our website.
4.12 If anyone under 18 is given access to the digital content and/or attends in person services (where this is permitted under clause 4.10 above), we may impose additional safeguarding obligations on you and these will be specified on the details on our website.
5. NO RIGHT TO CANCEL
5.1 When you place an order for digital content and/or in person services, you will be asked to tick a box to confirm that you consent for access to the digital content to begin immediately and/or for us to reserve a space at our in person services and that you acknowledge that this means that once you access the digital content and/or once we have reserved you a space at our in person services, you lose your right to cancel.
5.2 This means that you do not have the right to cancel this contract once you have accessed the digital content or reserved a space at our in person services and are not entitled to a refund unless the digital content and/or in person services are faulty.
5.3 For the avoidance of doubt you do not have to waive your right to cancel. However, if you do not waive your right to cancel, we will be unable to provide the digital content and/or in person services until 14 days after the date of your order.
5.4 This does not affect the rights you have if your digital content and/or in person services are faulty. A summary of these rights is provided at the top of this page. See also clause 10.
6. OBLIGATIONS RELATING TO THE DIGITAL CONTENT
6.1 Once you have placed your order and the Confirmation Email has been sent to you (see clause 4), you will automatically be granted access to the digital content provided you have completed the cancellation waiver. If you have not completed the cancellation waiver you will automatically be granted access to the digital content 14 days after the date of your order.
6.2 If something happens which is outside of our control and affects your ability to access the digital content, we will let you know when you can expect to be able to access the digital content.
6.3 When you buy the digital content and access is provided, you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.
6.4 The digital content:
6.4.1 is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
6.4.2 is non-exclusive to you. We may supply the same or similar digital content to other users;
6.4.3 may be used only on 3 computers or devices;
6.4.4 may not be:
6.4.4.1 copied by you;
6.4.4.2 changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
6.4.4.3 combined or merged with, or used in, any other computer program; or
6.4.4.4 distributed or sold by you to any third party;
6.4.5 does not include:
6.4.5.1 updates;
6.4.5.2 upgrades;
6.4.5.3 new releases;
6.4.5.4 new versions; and
6.4.6 contains information which is owned by us and/or third parties. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
6.5 Except where you have permission to use the digital content under this clause 6, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.
7. OBLIGATIONS RELATING TO IN PERSON SERVICES
7.1 If you order includes in person services, you accept and will comply with the following:
7.1.1 Use of the Facilities: You may only attend the venue for the purposes of the in person services and will comply will all of our instructions, guidelines and/or requirements relating to the venue. You will only access the parts of the venue that are necessary for your attendance at the in person services;
7.1.2 Attendance: You must notify us if you will be absent from the in person services. You will not be entitled to a refund for any in person services that you fail to attend;
7.1.3 Car parking: You may use the designated car park (if any) at the venue while attending the in person services for private motor vehicles only. You agree to adhere to any applicable speed limit and only park in designated parking spaces. When using any disabled parking bays (if any), please display your Blue Badge at all times;
7.1.4 Your conduct: We may temporarily or permanently suspend from attending the in person services if we consider that your conduct is inappropriate. You understand that antisocial behaviour (for example, vandalism, theft, littering, use of abusive language, nudity, or inappropriate use of equipment) will not be tolerated. If we temporarily or permanently suspend you from attending the in person services, you will not be entitled to any refund;
7.1.5 Use of our equipment: You must use any equipment provided by us in a safe manner and return it in good working order. If you damage the venue or the equipment in the venue, you will be responsible for the cost of repair;
7.1.6 Health and safety: You will observe all applicable security, health, safety, and fire regulations. You will immediately notify us of any health and safety incidents, and will vacate the venue immediately in the event of any fire, security, or safety risk;
7.1.7 Your Property: You will be responsible for all property belonging to you that is brought to the venue. We do not accept any responsibility for damage to, or loss of, any property belonging to you unless such damage or loss has been caused by our negligence;
7.1.8 Animals: You must not bring any animals to the venue except for guide and/or assistance dogs;
7.1.9 Smoking and vaping: You must not smoke (including the use of vapes and e-cigarettes) anywhere in the venue;
7.1.10 Alcohol: You must not bring any alcohol to the venue nor attend the in person services whilst under the influence of alcohol, narcotics, or other mood-altering substances; and
7.1.11 Compliance with applicable policies: You must comply with our policies in respect of the use of the venue as notified to you from time to time.
8. PAYMENT
8.1 We accept the credit and debit cards set out on our website. We do not accept cash or cheques.
8.2 We will do what we reasonably can to ensure that all of the information you give us when paying for the digital content and/or in person services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
8.3 Once your credit card or debit card has been charged, a confirmation email will be sent to you, at which point access to the digital content starts automatically.
8.4 Payments by credit card or debit card may need to be authorised by the relevant card issuer.
8.5 Prices are in pounds sterling (£)(GBP) and may be displayed with or without VAT. In each case, it shall be clear whether the price is inclusive or exclusive of VAT. Where the price is shown as excluding VAT, we will always show the applicable VAT so that you can understand the VAT inclusive price. If you are purchasing Digital Content from outside of the United Kingdom, VAT may not be payable but you must contact us beforehand using the contact details at the top of this page.
9. NATURE OF THE SERVICES
9.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The digital content and/or in person services that we provide to you must be as described, fit for purpose and of satisfactory quality.
9.2 We are under a legal duty to supply digital content and/or in person services that is in conformity with this contract.
9.3 When we supply the digital content:
9.3.1 we will use our reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
9.3.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the instructions for its use or on our website; and
9.3.3 you acknowledge that there may be minor errors or bugs in it.
10. FAULTY SERVICES
10.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
10.1.1 contact us using the contact details at the top of this page; or
10.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
10.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
11. END OF THE CONTRACT
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12. LIMITATION ON OUR LIABILITY
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
12.1.1 losses that were not foreseeable to you and us when the contract was formed;
12.1.2 losses that were not caused by any breach on our part;
12.1.3 business losses; or
12.1.4 losses to non-consumers.
13. THIRD PARTY RIGHTS
No one other than a party to this contract has any right to enforce any term of this contract.
14. DISPUTES
14.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the digital content and/or in person services you purchased, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
14.2 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will still have the benefit of any mandatory protections given to you by the laws of that country.
14.3 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
