Please read all these terms and conditions.
As we can accept your usage of My Personal Football Coach services and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
- These Terms and Conditions will apply to the usage of any My Personal Football Coach sites and the purchase of the services and goods by you (the Customeror you). We are My Personal Football Coach a company registered in England and Wales under number 09747177 whose registered office is at Flat 1 Abingdon Mansions, London, W8 6AD with email address firstname.lastname@example.org; (the Supplier or us or we).
- These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by confirming your Order. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old. For persons under 18 years of age a parent or guardian of at least 18 years of age must agree to the terms
- Consumermeans an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contractmeans the legally-binding agreement between you and us for the supply of the Services;
- Delivery Locationmeans the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
- Durable Mediummeans paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goodsmeans any goods that we supply to you with the Services, of the number and description as set out in the Order This does NOT include the Goods specified by a third party;
- Ordermeans the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
- Service/smeans the services advertised on any Webite of My Personal Football Coach, including any Goods, of the number and description set out in the Order;
- Websitemeans our website http://mypersonalfootballcoach.com on which the Services are advertised.
Website & Services
- The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
- In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Services which appear on the Website are subject to availability. My Personal Football Coach uses reasonable efforts to ensure that the Website & Services are available 24 hours a day, 7 days a week. On occasions the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of My Personal Football Coach. My Personal Football Coach will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of My Personal Football Coach. You agree that My Personal Football Coach shall not be liable to you for any modification, suspension or discontinuance of the Service. You understand and agree that the Service is provided “AS IS” without any warranty of any kind. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
- We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- You must co-operate with us in all matters relating to the Website & Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
- Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Trademarks & Copyright
- All brand, product and service names used in the Services which identify My Personal Football Coach are proprietary marks of My Personal Football Coach. All brand, product and service names used in the Services which identify third parties and their products and services are proprietary marks of such third parties.
- Unless otherwise stated in this Agreement or on the Website, My Personal Football Coach is the owner of all copyright and database rights in the Services and its contents. You may not publish, distribute, extract, reuse or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.
Personal Information and Registration
- When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- You acknowledge, consent and agree that My Personal Football Coach may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of My Personal Football Coach, its users and the public.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
- To register as a User of the Service you must be 18 years or over. Minor children under the age of 18 who wish to access the Service must obtain permission from their parents and their parents must agree to this Agreement. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Goods are appropriate or inappropriate for your child.
- Upon registering on the Website, My Personal Football Coach grants a personal, limited, revocable non-exclusive and non-transferable license to use the Website and Services. This license is exclusive to you and you may not sublicense the use of the Website or Services. My Personal Football Coach expressly retains all ownership rights, title and interest in and to all aspects of any software, Services and the Website, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Website. You may not modify the Website, create derivative works of the Website or Services, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Website that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Website. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Website or displayed by, on, or in the Website. You may use Website and Services only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Website or Services after any termination or expiration of this Contract for any reason.
- My Personal Football Coach do not claim any ownership for any content (i.e. information, data, text, software, music, sound, photographs, graphics, video, messages) made available by you to us. By submitting your Content and accepting the consideration set forth in this Agreement, as consideration for our permitting you to use the Website and services, you unconditionally grant to My Personal Football Coach a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicenses, under all of your intellectual property rights in the Content, to (a) reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Content in any medium or format, whether now known or hereafter discovered and (b) exercise any and all other present or future rights in the Content. You remain the owner of all content that you submit to the Service and as a condition to your use of the Website, the Services you represent and warrant to My Personal Football Coach that you are the owner of the copyright to the Content you submit to the Service or that you have written permission from the copyright owner to submit such content. In addition, you warrant that all moral rights in any content have been waived. You agree to indemnify and hold My Personal Football Coach harmless for any violation of this provision.
- My Personal Football Coach reserves the right to suspend or terminate your account and use of the Website, at any time, without notice, for any reason, including but not limited to the following:
- breach of these Terms, including policies or guidelines set forth by My Personal Football Coach elsewhere;
- conduct that My Personal Football Coach believes is harmful to other users of the Services or the business of My Personal Football Coach or other third party information providers.
- Further, you agree that My Personal Football Coach shall not be liable to you or any third party for any termination of your access to the Sites. My Personal Football Coach reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that My Personal Football Coach shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Basis of Sale
- The description of the Services and any Goods in our Website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
- The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
- Fees and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
Third Party & External Links
- Occasionally My Personal Football Coach may provide links to third party websites which are provided for your convenience only. Any access by yourself to these links are at your own risk and My Personal Football Coach does not endorse or take responsibility for the contents or availability of these links. You agree that My Personal Football Coach is not liable for any loss or damage that you may suffer whilst accessing these links
- My Personal Football Coach makes no warranty with regard to the products or website of any other entity. My Personal Football Coach has no control over the content or availability of any third-party software or website. In particular, (a) My Personal Football Coach makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) My Personal Football Coach notifies you that it is your responsibility to become familiar with any website’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns.
Delivery of Goods & Services
- We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
- in the case of Services, within a reasonable time; and
- in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- We reserve the right to deliver our Goods for addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
- We will supply the Services with reasonable skill and care.
- In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
Withdrawal and Cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a distance contract(as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
- goods that are made to your specifications or are clearly personalised;
- goods which are liable to deteriorate or expire rapidly.
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within the specified period for each Good or Service without giving any reason.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Commencement of Services in the cancellation period
- Services may be resumed during the cancellation period but My Personal Football Coach reserves the right the limit or change the services provided.
Deduction for Goods supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Flat 1 Abingdon Mansions, London, W8 6AD without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the cancellation period has expired. You agree that you will have to bear the cost of returning the Goods.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contractmeans a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- sales contractmeans a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Amendment of Terms
- You agree that My Personal Football Coach retains the right to amend these Terms and the Website, including service offerings and prices at any time, for any reason, and without notice, and the right to terminate the Website or any part of any of it. Your continued use of a Service constitutes acceptance of any amendments, additions, or modifications to this Agreement. Any amendments or modifications made by My Personal Football Coach shall be prospective only. You will be bound by all such modifications, whether or not you have notice thereof. If you have created an account, we shall notify you of any material changes to these Terms by email sent to the address you have provided to My Personal Football Coach for your account. If you continue to use the Website once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
Limitation of Liability
- You acknowledge, by your use of the Website, including any software or other materials on the Website, and any reliance upon it, is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the sites.
- You agree that, to the fullest extent permitted by applicable law, under no circumstances shall My Personal Football Coach be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, use of images, data or other intangibles, even if My Personal Football Coach has been advised of the possibility of such damages,
- You specifically acknowledge that down-time and computer viruses are risks inherent in the use of the internet and software products, and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from these possible harms.
- You also specifically acknowledge that you may be disclosing sensitive, private and confidential information about yourself in your use of the Website and Services where you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from your release of such content.
- You additionally acknowledge that My Personal Football Coach is not liable for any injury, loss or damage sustained or suffered whilst performing any of the activities on the Website or Services.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows: If a there are any problems with services provided by My Personal Football Coach Ltd, then customers should contact us as soon as possible. My Personal Football Coach will respond within 48 hours.
AGREEMENT, WAIVER & RELEASE
My Personal Football Coach Services
I hereby agree the following for participating in My Personal Football Coach services though the http://mypersonalfootballcoach.com website (“Website”) including without limitation to any training programme, challenges, competitions both online and offline and all other services (“Services”) accessed through the “Website” controlled by My Personal Football Coach Limited.
- UNDERSTANDING OF RISK. I am physically and mentally able to fully participate in the Services. I understand that participation in the Services involves inherent risks and dangers including accident, injury, or death.
- RELEASE FROM LIABILITY. I fully release My Personal Football Coach from any and all claims and any other liability directly or indirectly arising out of or in connection with my participation in the Services, even if it is due to the negligence or other fault of the Released Parties.
This Agreement & Wavier supersedes any oral or written statements made by or to me.
I have read this release and waiver agreement carefully, fully understand its content, and voluntarily agree to its terms.
For children under the age of 18, permission must be obtained by their parents or legal guardians before they can participate in any of the Services. It is the responsibility of the parent or guardian to determine whether the Services are appropriate for the child.
I hereby consent as the parent or legal guardian of the participant to participate in the “Services”. I hereby agree on the “Understanding of Risk” and “Release of Liability” and execute the Agreement, Waiver, and Release on his/her behalf
As parent/guardian of the participant I have read this release and waiver agreement carefully, fully understand its content, and voluntarily agree to its terms.