Terms & Conditions
Booking Terms and Conditions
The terms and conditions on which you book any rugby academy course (the “Courses”) listed on our website (“our site”) are contained in this document (together with any documents referred to on it). Please read these terms and conditions carefully before booking any Courses through our site or by telephone. You should understand that by booking any of our Courses, you agree to be bound by these terms and conditions.
Please click on the button marked “I Accept” at the end of these terms and conditions to accept them.
We will email you a copy of these terms and conditions to confirm a booking and if you do not agree with them please cancel your booking in accordance with clause 7.
Please understand that if you refuse to accept these terms and conditions, you will not be able to book any Courses with us.
You should print a copy of these terms and conditions for future reference.
1.1 Elektrik Events Limited is a limited company, registered in England and Wales under company number 07507492, trading as Elektrik 3 and with our registered office at Upper Deck Admirals Quarters, Portsmouth Road, Thames Ditton, Surrey, KT7 0XA.
1.2 We run rugby academies known as ‘Elektrik3 – The Olly Barkley Rugby Academy’ and operate the website www.elektrik3.com through which we accept booking online for Courses.
By booking a Course through our site or by telephone you warrant that:
(a) You are at least 18 years old;
(b) You are legally capable of entering into binding contracts;
(c) You are the parent or legal guardian of the child(ren) you are booking onto the Courses;
(d) The child(ren) you are booking onto the Courses will be (on the date of the Courses), between the ages of 9 and 16 years old and in full time education; and
(e) You are resident in and are accessing our site from the United Kingdom.
3. The Contract
3.1 You may book a Course either online through our site or by telephone by contacting 07403 606654.
3.2 After booking a Course online or by telephone you will receive an e-mail from us confirming the booking (the “Booking Confirmation”) which is when the contract between us (the “Contract”) is formed.
3.3 The Contract will relate only to the Courses which we have confirmed are booked in the Booking Confirmation. We will not be obliged to supply any other Courses which may have been part of your booking until the confirmation of booking of such Courses has been confirmed in a separate Booking Confirmation.
4. Provision of the Courses
4.1 We will provide the Courses to your child(ren) on the dates set out in the Booking Confirmation.
4.2 We will make every reasonable effort to carry out the Courses on time but there may be delays due to circumstances beyond our control. In this case we will complete the Courses as soon as reasonably possible, and in the event we have to cancel a Course you will be offered a place on an alternative Course or a full refund.
4.3 We may have to suspend a Course if we have to deal with technical problems, or to make improvements to the Course. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.
4.4 We reserve the right to modify a Course due to adverse weather conditions, low attendance or other unforeseen circumstances and will notify you of such modification as soon as possible.
4.5 Details of the Course structure can be found at http://www.elektrik3.com/about-e3/day-structure, however we reserve the right to alter this structure if required for whatever reason.
5. Quality of Courses
5.1 Unless we are prevented from doing so by a Force Majeure Event (as defined in clause 11.6), we will provide Courses which:
(a) conform in all material respects with their description on the site;
(b) are carried out with reasonable care and skill;
(c) are fit for any purpose we say the Courses are fit for; and
(d) comply with all applicable statutory and regulatory requirements for supplying such Courses in the United Kingdom.
5.2 This warranty is in addition to your legal rights in relation to services which are not carried out with reasonable skill and care or which otherwise do not conform with these terms and conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
5.3 These terms and conditions apply to any substitute Courses we arrange with you in the unlikely event that the original Courses do not conform with these terms and conditions.
5.4 You must provide us, in adequate time, with any information and instructions relating to the Courses that is or are necessary to enable us to provide the Courses in accordance with these terms and conditions. This information includes details of your child’s medical history, injuries and doctor together with any other information about your child(ren) that you think is relevant for us to know in respect of the Courses, including, but not limited to, allergy information and dietary requirements so that your child(ren) may participate in the Eat Elektrik lunches.
5.5 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Contract by giving you written notice.
6.1 In the unlikely event that the Courses do not conform with these terms and conditions, please let us know as soon as possible by telephone, email or by post to Elektrik Events Limited PO Box 66724, London, NW5 9DZ. We will aim to deal with your complaint within 48 hours of its receipt.
6.2 We may then, at our option:
(a) provide you with a full or partial refund, depending on what is reasonable; or
(b) offer you a place on an alternative Course.
6.3 These terms and conditions will apply to any substitute Course we book for you.
7. Consumer rights
7.1 If you are contracting as a consumer, and subject to clause 7.2 below, you may cancel a contract at any time within seven working days, beginning on the day after you receive the Booking Confirmation. In this case, you will receive a full refund of the price paid for the Course in accordance with our refunds policy (set out in clause 9 below).
7.2 You agree to waive your statutory right of cancellation of a Contract concluded at a distance if the Course begins during the seven working day cancellation period and your child takes their place on the Course within that time. This is because you agree to the Course starting before the end of the usual cancellation period provided by law and therefore your cancellation rights end when the Course begins.
7.3 To cancel a Contract, you must inform us in writing or via email or by telephone. If this cancellation is made after the Course begins you must stop your child(ren) from attending any remaining sessions of the Course.
7.4 This provision does not affect your statutory rights as a consumer.
8. Payment and price
8.1 The price of any Courses will be as quoted on our site from time to time, except in cases of obvious error. These prices may include or exclude VAT, as specified within the Booking Confirmation.
8.2 Prices are liable to change at any time, but changes will not affect Courses in respect of which we have already sent you a Booking Confirmation.
8.3 Our site may contain a number of Courses and it is always possible that, despite our best efforts, some of the Courses listed may be incorrectly priced. We will normally verify prices as part of our booking procedures so that, where a Courses’ correct price is less than our stated price, we will charge the lower amount when booking the Course with you. If a Courses’ correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before booking the Course, or reject your booking and notify you of such rejection.
8.4 We are under no obligation to provide the Course to you at the incorrect (lower) price, even after we have sent you a Booking Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.5 Payment for all Courses must be by cheque made payable to “Elektrik Events Ltd” or by PayPal.
9. Refunds policy
9.1 When you cancel a Course booked with us because you have cancelled the Contract between us within the seven day cooling off period (see clause 7 above), if the Course has not begun during the cooling off period we will refund the price of the Course in full. If the Course has already begun and your child has attended any or part of it during the seven day period, you will not be entitled to a refund for cancellation.
9.2 When you cancel a Course booked with us after the cooling off period has expired:
(a) if this is done any time after the Booking Confirmation is sent and before the date 28 days before the first day of the Course detailed in the Booking Confirmation, we will refund the price of the Course in full;
(b) if this is done at any time between the date 28 days before the first day of the Course detailed in the Booking Confirmation, and before 14 days before the Course begins, we will refund 50% of the price of the Course to you;
(c) if this is done any time after the date 14 days before the first day of the Course detailed in the Booking Confirmation, no refund will be given;
and if a refund is due to you as described in clause 9.1, clause 9.2 (a) or 9.2 (b) above we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation.
9.3 If you cancel a Course because you claim that the Course is not of an acceptable quality, we will make investigations and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the Course.
9.4 We will usually refund any money received from you using the same method originally used by you to pay for your booking.
10. Limitation of Liability
10.1 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Course you booked and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your booking is accepted by us.
10.2 This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
10.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue;
(b) loss of profits or contracts;
(c) loss of anticipated savings; or
(d) loss of data.
provided that this clause 10.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (d) inclusive of this clause 10.3.
11.1 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site and making bookings by telephone, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. Once you receive the Booking Confirmation you will be added to the Elektrik 3 mailing list and we will send you details about any news, developments or reminders that may be helpful. This condition does not affect your statutory rights.
11.2 Intellectual property rights
The copyright, design right and all other intellectual property rights in our site and any other materials and other documents or items that we prepare or produce in connection with the Courses are either licensed to or belong to us absolutely. You may not use the site, materials, documents or other items detailed in this clause for any commercial purpose.
11.3 Data protection
All notices given by you to us must be given to Elektrik Events Limited at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when booking a Course, or in any of the ways specified in clause 11.1 above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11.5 Transfer of rights and obligations
11.5.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
11.5.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.5.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
11.6 Events outside our control
11.6.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our reasonable control (Force Majeure Event).
11.6.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
11.6.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
11.7.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.7.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.7.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11.1 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.9 Entire agreement
11.9.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
11.9.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
11.9.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
11.9.4 Nothing in this clause shall limit or exclude any liability for fraud.
11.10 Our right to vary these terms and conditions
11.10.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
11.10.2 You will be subject to the policies and terms and conditions in force at the time that you book Courses with us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Booking Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary).
11.11 Law and jurisdiction
Contracts for the booking of Courses through our site and by telephone and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
1. Terms of website use
www.elektrik3.com is a site operated by Elektrik Events Limited (We). We are registered in England and Wales under company number 07507492, trading as Elektrik 3 and with our registered office at Upper Deck Admirals Quarters, Portsmouth Road, Thames Ditton, Surrey, KT7 0XA. We are a limited company.
3. Access to www.elektrik3.com
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
5. Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
6. Our liability
6.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and any third parties connected to us hereby expressly exclude:
6.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
6.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill; and
(vii) wasted management or office time;
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
6.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7. Data Protection
8. Transactions concluded through our site
Contracts for the supply of rugby academy courses formed through our site or as a result of visits made by you are governed by our Booking Terms and Conditions www.elektrik3.com/terms-conditions.
9. Viruses, hacking and other offences
9.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
9.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
9.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
10.1 Linking to our site
10.1.1 You may, subject to receiving our prior approval, link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10.1.2 You must not establish a link from any website that is not owned by you.
10.1.3 If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org
10.2 Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
11.1 Jurisdiction and applicable law
11.1.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
11.2 Intellectual property rights
11.2.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
11.2.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
11.2.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.2.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
11.2.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
11.4 Your concerns
If you have any concerns about material which appears on our site, please contact email@example.com
Thank you for visiting our site.