Terms and Conditions

Our terms and conditions

  1. The scope of these terms and conditions. These are the terms and conditions which relate to our Classes and other Services which we provide to you as a customer.
    1. Who we are. We are Kempo Kobudo Scotland and/or Kempo Karate Scotland.

    2. How to contact us. You can contact us via any of the methods in the Contact or Get In Touch section of the website at https://www.kempokobudoscotland.com/ or in person.

    3. Definitions. The following definitions and interpretations shall apply throughout these terms and conditions:

      1. "you" (and associated morphemes, e.g. "your") generally means the person attending our Classes or using our Services. If a Booking is made on behalf of someone else (e.g. a child) then "you" will refer to both the person that made the Booking and the person attending our Classes or Services.

      2. "Staff" means any or all members of staff that provide Classes, Services, or other assistance to you from time to time in relation to our business.

      3. "we", "us", "our", "Kempo Kobudo Scotland", "Kempo Karate Scotland", "our business", or "our company", means Kempo Kobudo Scotland and/or Kempo Karate Scotland.

      4. "Services" and "Classes" are used interchangeably and include any Classes, seminars, courses, training, etc, that we provide to customers from our business.

      5. "writing" and "written" refers to letters, emails, instant messages, written text and printed text. Note that sending us written text may not be proof of our receipt of it.

      6. "Booking" refers to your contract made with us, as described below, when you first agree to attend any of our Classes or Services, whether or not any financial transaction has taken place.

      7. "customer" means a person who has previously attended or has agreed to attend in the future, any of our Classes, used any of our Services, or has purchased or is intending to purchase anything from us.
         

  2. Our contract with you

    1. Your Booking (and any Contract formed as a result) shall be between you and Kempo Kobudo Scotland or Kempo Karate Scotland, or any other party we have directly authorised to provide you with our Services.

    2. How we will accept your Booking. Our acceptance of your Booking will take place when we notify you verbally, or in writing, that we have accepted it. At which point a contract will come into existence between you and us (the "Contract").

    3. If we cannot accept your Booking. If we are unable to accept your Booking, we will inform you of this and we will not charge you for the Services.

    4. If you continually cancel Bookings or breach our terms. We understand that there may be many valid reasons for you to cancel or request changes to your Booking. However, there are limited spaces and we usually rely on customers keeping to their agreed Class times where possible. If you continually cancel your Booking without a good reason, we reserve the right, at our absolute discretion, to not accept further Bookings from you. We also may, at our absolute discretion, not accept further Bookings where you have previously committed a material breach, or repeated breaches of these terms.

    5. Photography and child protection. Photos and videos of our Classes, or any other Services we provide, or any children or adults in attendance of our Classes or Services, are not permitted unless agreed by us in advance.
       

  3. Our Services

    1. Services may vary slightly from their description. The descriptions of our Services, wherever they are found, are for indicative purposes only. Although we make every effort to describe our Services accurately, we cannot guarantee that our Services will not vary slightly from those descriptions.

    2. By Booking any of our Classes or Services, you are confirming that you can take part in the Classes or Services your Booking applies to. By making a Booking, or attending a Class, you agree you are able to take part in our Classes, or any other Services to which your Booking relates and that it would not be foreseeably harmful to your health, safety, comfort or physical condition to do so. We will not be liable for any loss, injury or damage suffered where you do not tell us about a medical condition, or you do any activity which you are aware (or should have been aware) would, or might be, detrimental to you in any way.

    3. You use our Services at your own risk. You use our Services and attend our Classes at your own risk. As long as we have provided the Services with reasonable skill and care, we will not be liable to you for any loss, damage or injury suffered by you as a consequence of you not following any instructions given to you by any member of staff, any written rules that are displayed, or any general health and safety rules, during the provision of our Classes or Services.

    4. You shall not attend a Class if you are ill. For example, you must not attend a Class if:

      1. you have had a fever or a cough within the 14 days prior to the Class.

      2. you have had an upset stomach or diarrhoea in the 48 hours prior to the Class.

      3. you have heavy nasal discharge.

      4. you have discharging eyes.

      5. you have symptoms of a possible communicable disease, including, but not limited to, Covid-19, measles, chickenpox, German measles, whooping cough, impetigo, scarlet fever, hand foot and mouth disease or norovirus.

    5. You must comply with our policies and procedures. You must comply with any policies and procedures which we communicate to you from time to time in relation to our Services. This includes general written communications that are displayed for our customers.
       

  4. Providing Services

    1. Services and schedules may vary from time to time. Our Services (including the timetables for and the content of) are subject to change.

    2. Classes are provided for and Booked for in Blocks. When you make a Booking, we will in turn provide you with an opportunity to attend a fixed number of Classes.

    3. Your Block will begin and end on the date agreed at the time of purchase. We will continue to supply the relevant Services to you, between the agreed start and end date of your Block, on the agreed day(s) at the agreed time(s), until either the Services are completed and your Block expires, or this Contract is otherwise brought to an end by you or us under these terms.

    4. Classes won’t run on certain days. While Classes normally run as a continuous Block, there are times or situations when Classes won’t run. These dates will be published in advance and do not reduce the number of Classes that you would normally have the opportunity to attend.

    5. Block sizes can change. We reserve the right to change the size of Blocks at any time before they are purchased. This means that not all customers will necessarily have the same Block size at any given time and the Block size you purchase may change from one Block to the next.

    6. We are not responsible for delays outside our control. If our supply of Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. These steps may include offering rescheduled dates for the Classes or Services. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay and we are not able to reschedule, you may contact us to end the Contract and receive a refund for any Services you have paid for but scheduled in the future.

    7. If you do not allow us to provide Services. If you miss a Class without "good reason" (see section 5 for Classification of good reason), we are unable to provide a refund for any Services which you paid for but did not receive.

    8. We need certain information from you. We require certain information from you at certain times so that we can supply our Services to you safely and efficiently. For example, names, addresses, phone numbers, existing medical conditions, immunisation details, emergency contact details, etc. We will not be responsible for supplying our Services late, or not supplying any part of them, if this is caused by you not giving us any information we need within a reasonable time of us asking for it.

    9. Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending the supply of our Services unless the problem is urgent. If we have to suspend the Services for any substantial period, we may adjust the price so that you do not pay for Services while they are suspended or we may change the end date of Booking to a later date, depending on the circumstances.

    10. Your rights if we withdraw the supply of Services. If we cannot offer a suitable alternative, you may cancel the Contract as per your rights under these terms. If we cannot provide any alternatives, we will cancel the Contract and refund any sums you have paid in advance for Services that will not be provided.

    11. We may also suspend the supply of our Services if you do not pay. If you do not pay us for our Services when you are supposed to under these terms and you still do not make payment within 7 days of us reminding you that payment is due, we have the discretion to suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending our supply of Services to you.

    12. When your Booking ends. When your Booking ends we will usually provide you with an opportunity to make a new Booking. However, we may, at our absolute discretion, offer the place to another customer.
       

  5. Your rights to end the contract

    1. Ending the Contract without good reason. You may end the Contract between us and you at any time, for any reason, by giving us notice in writing. Where you give us notice that you would like to end the Contract, this will be with immediate effect unless you have stated otherwise in your notice to us. When you cancel under this specific clause, you will not be entitled to a refund of any payments you have made in respect of the Services, whether such Services have been received or not.

    2. Where you have a good reason for ending the Contract. You may end the Contract between you and us by giving us 7 days written notice at any time if:

      1. we have told you about an upcoming change to the Services or these terms which you do not agree to, or

      2. we have told you that we are withdrawing Services and you do not agree to any alternatives offered, or

      3. we have told you about an error in the price or description of our Services which you have ordered, and you do not wish to proceed, or

      4. we have suspended our supply of the Services for more than 30 days, or

      5. we have notified you we are going to suspend them for more than 30 days, or

      6. we commit a serious breach of any provision of these terms,

      7. in which case we will refund any payments made for any Services that are scheduled after the date we receive your notice.

    3. Your right to cancel the Contract. You can cancel within 14 days of us accepting your order (the "cooling off period") without giving a reason. If you want to exercise the right to cancel, please contact us using any of the methods listed in section 1. We will refund you on a pro-rata basis for any Classes or Services that are scheduled after the date that you contact us stating that you wish to cancel.
       

  6. Our rights to end the contract

    1. We may end the Contract if you break it. We may end the Contract for our Services at any time by writing or speaking to you if you do not make full payment to us when it is due and you still do not make full payment within 7 days of us reminding you that payment is due, or if you commit a serious breach (or repeated breaches) of these terms. We may also end the contract immediately for any health and safety reasons agreed by our Safety Officer, for example, if you do not abide by any safety instructions given by any member of staff, or if you repeatedly act in a reckless or dangerous way that may cause harm to people or property while attending our Classes.

    2. You must pay our admin costs if you break the Contract. If we end the Contract in the situations set out in clause 6.1 we will refund any money you have paid in advance for Services we have not yet provided but we may deduct or charge you the reasonable administration costs we will incur as a result of your breaking of the Contract (such as for any materials we have procured to provide the Services to you).
       

  7. Our rights to make changes

    1. Minor changes to the Services. We may change the Services to implement minor adjustments or improvements, for example, to address a health and safety concern, at any time, without warning or notification.

    2. More significant changes to the Services and these terms. In addition, we may make more significant changes to these terms or our Services, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Services paid for but scheduled in the future.

  8. Price and payment

    1. Where to find the price for the Services. The price of the Services (which includes VAT) will be the price indicated on our website at the time of making a Booking. Prices shown on other authorised sources, for example, flyers, will be honoured within any time period explicitly stated on the source material, or the date of publication of that material if no date is specified.

    2. When you must pay and how you must pay. We will inform you of what payment methods we can accept and when you must pay for the Services at the time of placing your order. Payment for our Services must have been made in full and on time, as agreed between you and us before we provide any of our Services to you.

    3. We may offer credit facilities. We may offer credit terms for our Services, but this shall remain at our sole and absolute discretion.

  9. Our responsibility for loss or damage suffered by you

    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill. But, we are not responsible for any loss or damage that is not foreseeable. For the avoidance of doubt, provided that we have performed our Services with reasonable skill and care and we have not breached the Contract, we will not be liable to you for any loss or damage you suffer as a result of attending our Classes (save where such an exclusion is prohibited by law).

    2. You are responsible for any foreseeable loss and damage caused by you. If you fail to comply with these terms, or any instructions given to you by any member of staff at any time, you are responsible for loss or damage you suffer that is a foreseeable result of you breaking this Contract or you failing to use reasonable care, but you are not responsible for any loss or damage that is not foreseeable. For the avoidance of doubt, provided that you have taken reasonable care and you have not breached the Contract and you have followed any instructions given to you by any member of staff at any time and not acted in a dangerous or reckless manner, you will not be liable for any loss or damage suffered as a result of attending our Classes (save where such an exclusion is prohibited by law).

    3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are as described and supplied with reasonable skill and care.

    4. We are not liable for your property. Please note that your property and belongings which you bring to a Class are your responsibility and we shall not be responsible for any loss of, or damage to, such property.

    5. We are not liable for business losses. These terms cover the supply of our Services to you as a consumer. If you use the Services covered by the Contract and these terms, or any materials provided in their delivery for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
       

  10. How we may use your personal information

    1. We will never sell your personal information to any third parties. Other than when required to do so in an emergency, for health and safety issues, by law, the government, or other authorities, we will only use your personal information in reasonable ways, where it is necessary for, or beneficial in, providing you with our Services, or during the day-to-day operation of our business. If it is necessary to pass any information on to a third-party company then you will be subject to the privacy policies of those parties. For example, if we contact you via Facebook Messenger, then you will be subject to the privacy policy of Facebook.
       

  11. Other important terms

    1. Nobody else has any rights under this Contract. This Contract is between you and us (both as define in Section 1). No other person shall have any right to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the Contract or make any changes to these terms.

    2. If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    3. Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps to ensure that you do at a later date. For example, if you miss a payment and we continue to provide our Services, we can still require you to make the payment at a later date.

    4. Which laws apply to this Contract and where you may bring legal proceedings. These terms are governed by Scottish law and you can bring legal proceedings in respect of our Services in the Scottish courts.