TERMS AND CONDITIONS

 BACKGROUND:

These Terms and Conditions are the standard terms which apply:

1. to provision of any Karate Classes (as defined in Clause 1 below) by SVTE Ltd registered in United Kingdom under number 15296421 whose registered office is at 86-90 Paul Street, London, EC2a 4NE (“Us”); and

2015. where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

1. Definitions and Interpretation

• In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business”	means any business, trade, craft, or profession carried on by You or any other person/organisation;
“Consumer”	means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual who receives or uses services from Us consisting of one or more Karate Classes for the individual’s personal use and for purposes wholly or mainly outside the purposes of any Business;
“Karate Class”	means any group session at which We provide or lead any physical exercise class, including any teaching, instruction, or training and all facilities, services, equipment, and other goods and materials which we provide/use in connection with any such Karate Class;
“Our premises”	means the premises at which We hold Karate Classes which is City Academy but in Clause 3.18 it means “business premises” as defined in the Regulations;
“Price List”	means Our standard price list for all Karate Classes which We offer. The list of Karate Classes and their prices is available on our Website;
“Registration Form”	means the online registration form that We provide to You for You to apply to register;
“Regulations”	means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“We/Us/Our”	means SVTE Ltd whose place of business and contact address is the same address as above and other address and includes all Our staff (employees and agents); and
“You/Your”	means an individual to whom We agree to provide any Karate Class.

• Unless the context otherwise requires, each reference in these Terms and Conditions to:
  • “these Terms and Conditions” is a reference to these Terms and Conditions; and
  • a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
• The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
• Words signifying the singular number shall include the plural and vice versa; and
• References to any gender shall include the other gender.

2. Registration

• In order to attend any Karate Class You first have to register with Us and You may do so by completing the Registration Form online and agreeing in that Form to these Terms and Conditions.

• The details that You provide and confirm in the Registration Form must be complete and correct, including Your confirmation that You are 18 or over (parents to register their child) and a “Consumer”, and that You agree to these Terms and Conditions, including but not limited to the Karate, health and safety matters and the rules set out in Clauses 6 and 7 of these Terms and Conditions.

• You may book and attend a Karate Class only once We have accepted Your Registration Form (notified by email). Acceptance of that application to register means that We agree that You may then (but not otherwise) book a Karate Class. Our decision whether or not to accept Your application to register is in Our absolute discretion.

• Upon Our acceptance of Your Registration Form and confirmation that We accept Your application to register there will be a contract between You and Us on these Terms and Conditions.

3. Booking and Cancellation of Karate Classes, Expulsion, and Consumer Rights
   • You must be 18 or over and a “Consumer” to book any Karate Class. You may attend if under 18 once it is booked by an adult.
   • A Karate Class and Your place in that Karate Class is subject to availability. No priority is given, and places in a Karate Class are allocated on a first-come-first-served basis. We will not reserve or guarantee any particular date and/or time for any Karate Class unless You book and pay for the Karate Class for that particular time and date.
   • You may book a Karate Class through Our on-line booking system.
   • We will only provide a Karate Class to You if You have pre-booked and paid for it. Exception being where You pay at the class.
   • When you book and pay for any Karate Class You must book for a date which is no more than three months after the date when You make and pay for that booking or rebooking. A Karate Class not booked (or rebooked) and taken within that period will be lost and, unless You cancel it and are entitled to a refund under these Terms and Conditions in that case, We will not refund any payment You have made for it.
   • Your request for a booking for a Karate Class will be an offer, but whether We accept any booking will be for Us to decide in Our discretion. Only if and when We tell You that We accept Your request to book a particular Karate Class and You have paid for it, will there be a binding contract between You and Us for that Karate Class.
   • We may treat a Karate Class that You have booked as cancelled by You without notice to Us if You arrive after the start of the Karate Class or You do not attend any of the Karate Class. We may then (but We are not obliged to) give Your place in the Karate Class that You cancelled to any customer. We may decide to make a charge to You for that cancelled Karate Class, and sub-Clause 3.10 below will apply.
   • You may cancel a Karate Class without charge if You give Us at least 2 hours prior notice of the cancellation, and if You do so We will refund to You any sum You paid in advance unless when You cancel You ask to rebook for a later, substitute, Karate Class instead and We accept that substitute booking.
   • If You do not give Us at least 2hours prior notice of cancellation of a Karate Class, We will be entitled to charge You for any net financial loss up to the full price of that Karate Class that We suffer due to Your cancellation. We will be entitled to deduct that charge from any sum You paid in advance for that Karate Class, and We shall refund any balance to You.
   • If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel a Karate Class without giving Us at least 2hours prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 3.8 or 3.9.
   • We may cancel a Karate Class booked by You at any time before the time and date of that Karate Class in the following circumstances:
     • The required instructor necessary for the Karate Class is not available; or
     • An event described in sub-Clause 9 below occurs and continues for more than 2 hours; or
     • We find that you are not a “Consumer” (as defined in Clause 1 above).

If We cancel a Karate Class in such circumstances We will refund to You in full the payment that You have made to Us for that Karate Class.

• We will use all reasonable endeavours to start the Karate Class that You have booked at its scheduled start time, but the start may be delayed by overrun of a previous Karate Class or by other circumstances. If a delay to the start is at least10 minutes, or, if at any time before or after You arrive for a Karate Class We notify You that there will be a delay of at least that time, You may cancel the Karate Class and We will refund to You in full the payment that You have made to Us for that Karate
• Karate Classes, prices and instructors are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.
• We reserve the right to expel You from any Karate Class if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to Our reputation, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable opinion such expulsion is otherwise in the interests of others who are in that Karate Class or who are in any other Karate Class being held then or to be held subsequently. You will not be entitled to any refund for a Karate Class started but not completed due to such expulsion.
• Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause 3.15, and they will be in addition to the rights given to You by the above provisions of this Clause 3. You may for any reason cancel a booked Karate Class during the 14 day period after We accept that booking, but if the booking includes any Karate Class on a date which is before the end of that 14 day period, and if You have expressly requested Us to provide any such Karate Class in that 14 day period and We do so, You may not cancel that requested Karate Class and You must pay for it in accordance with Clause 4, and You may only cancel any other Karate Class covered by that booking. If You request that Your booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Sub-clause 3.15, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the Karate Class(es) covered by that booking that We have provided.

4. Fees and Payment
   • You must pay in accordance with Our Price List for all Karate Classes that We fully and correctly provide to You.
   • You may pay Us for Karate Classes using any of the following methods:
     • Credit or debit card in the booking system;
     • Cash paid at the venue;
     • Credit card at the venue; or
   • We may alter Our prices without prior notice, but if the price of any Karate Class increases between the time when You book it and the date of the Karate Class, the price increase will not apply to You for the Karate Class on that date.
   • All prices of Karate Classes shown in the booking system are inclusive of VAT.

5. Eligibility to take a Karate Class
   • We only make any Karate Class available to a “Consumer” (as defined in Clause 1 above), and Your completion of a Registration Form will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to attend any Karate If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your registration forthwith by giving You a cancellation notice and You will not then be entitled to attend any further Karate Classes.
   • We will not accept Your application to register or make any Karate Class available to You unless You are aged 6 or over (under 18s must be booked by an adult). We may require evidence of Your age for that purpose.

6. Karate, Health and Safety

• You acknowledge that certain Karate Classes may be physically strenuous and You agree that You voluntarily participate in such Karate Classes with full knowledge that even if We and the relevant instructor is not negligent there is a risk of personal injury or illness arising from Your participation in such a Karate Class.
• Certain Karate Classes may be unsuitable for You if You have special needs, or any medical, health or Karate problem or condition.
• You must ensure that you are fit and well enough to participate in any Karate Class that You book, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.
• If You have any concerns about Your Karate or health, You should seek appropriate medical advice from a relevant professional medical or other adviser before attending a Karate We cannot and do not provide any such advice.
• You agree that when You register (or adult registering a child) and when You book and attend (or the registered child attends) any Karate Class, that will be Your confirmation that You (or the registered child) have no health or Karate problems which may affect your participation in any Karate Class.
• When You request a booking for a Karate Class and at least 2 hours before You attend any Karate Class, if You tell Us at that time about any medical, health or Karate issue or special need, We will discuss it with You, and inform You if We decide not to accept Your booking because of that issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue or need.
• If You do not tell Us before a Karate Class of anything referred to in sub-Clause 6.5 or 6.6 that We then discover, We will be entitled not to provide some or all of a Karate Class booked and to treat the Karate Class (or the affected part of it) as cancelled by You without notice, in which case We may make a charge to You for the cancelled Karate Class (or part of it) as set out in sub-Clause 3.11 above.
• You must not attend any Karate Class when under the influence of alcohol or illegal drugs or immediately following a heavy meal.
• You should arrive at least 10 minutes prior to the start time of a Karate Class and before any warm up involved in that Karate Class, to allow for a prompt start. If You know You are going to be late for a Karate Class, You should contact Us to tell Us as soon as You can before the Karate Class start time. If You arrive later than a Karate Class start time and You arrive after any warm-up for that Karate Class has begun, We may not permit You to participate in the Karate Class for health and safety reasons.
• Fire exits are clearly marked and are in the interests of safety. You must not obstruct these exits for any reason. In the event of a fire, You should make your way to the nearest available exit with all possible speed and assemble at a safe distance from Our premises so that We may take a roll-call of all those at Our premises when the fire alarm sounded. The assembly point is outside of the school in Hilsea Street .

7. Rules

• We do not permit You to:
• smoke anywhere on Our premises;
• Mobile phones should be switched to silent mode during a Karate Class;
• bring to Our premises any child/ren under the age of 10 that you will not be supervising as We do not have anyone to supervise them.
• bring any animals into Our premises with the exception of guide dogs. If You require the use of a guide dog, You should inform Us of that when You register;
• bring any crockery, glass, drink (except water) or food into any part of Our premises. Only water, either in a plastic bottle or paper cup, is permitted in Our premises.
• If a Karate Class requires specific type of clothing, footwear or other items, details of the Karate Class will specify those requirements and You must provide them for Yourself either by purchase from the club or separately. Clothing and footwear not worn for the Karate Class should be storedin the location that We tell You about on arrival. Loosely swinging or sharp jewellery should be removed before a Karate If You do not comply with any of these dress requirements, We may not allow You to participate in the Karate Class.

8. Events beyond our reasonable control
   • We will not be liable for any failure or delay in performing Our obligations under
           the contract resulting from any cause beyond Our reasonable control.

8.2      If any event described under sub-Clause 8.1 occurs that is likely to adversely
           affect Our performance of any obligations under the contract, We will try to
           inform You as soon as is reasonably possible, Our obligations will be
           suspended and any time limits that We are bound by will be extended
           accordingly. We will inform You when that event is over and provide details of
           any new dates, times or availability of Karate Classes as necessary. You may,
           without liability to Us, cancel any Karate Class(es) which do not take place
           due to that event, and We will refund in full the advance payment that You
           have made to Us for the cancelled Karate Class(es).

9. Limitation of Liability
   • We will be responsible for any foreseeable loss or damage that You may suffer
           as a result of Our breach of these Terms and Conditions or as a result of Our
            Loss or damage is foreseeable if it is an obvious consequence of
           Our breach or negligence or if it is contemplated by You and Us when Our
           contract with You is created. We will not be responsible for any loss or damage
           that is not foreseeable.

9.2      We provide or sell all Karate Classes to You only for Your personal and private use/purposes. We make no warranty or representation that any clothing or other goods that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

• Each of Our instructors is appropriately qualified to conduct the particular
       Karate Class which they conduct but their advice does not include any medical
       or similar advice and is not a substitute for advice provided by an appropriate
       medical, health, or Karate professional or therapis
• If You bring any personal belongings onto Our premises, We do not undertake
        to keep them safe or provide any storage place for them. Their loss or damage
        will be at Your own risk except where such loss or damage is due to any
        deliberate or negligent act by Us or our staff. We will not be responsible for any
        loss or damage to Your personal belongings caused by any other customer,
        guest or visitor to Our premises even where You leave or store them in any
        place at Our premises referred to in Clause 7.2. We therefore advise You not
        to bring any valuable belongings to Our premises.

9.5      Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors) or for fraud or fraudulent misrepresentation.

• Furthermore, if you are a “consumer” as defined by the Consumer Rights Act
       2015, or a consumer for the purposes of any other consumer protection
       legislation, nothing in these Terms and Conditions is intended to or will exclude,
       limit, prejudice, or otherwise affect any of Our duties or obligations to You, or
       Your rights or remedies, or Our liability to You, under:
  • the Consumer Rights Act 2015;
  • the Regulations;
  • the Consumer Protection Act 1987; or
  • any other consumer protection legislation

as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

10. Changes to Terms and Conditions

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

11. How We Use Your Personal Information (Data Protection)

We will only use Your personal information as set out in Our Privacy Notice available from our website.

12. Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your registration and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to register and/or make a booking.
All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

13. Information

As required by the Regulations:

• all of the information described in Clause 12; and

• any other information which We give to You about any Karate Classes
  or Ourselves and Our business which You take into account when
      deciding to make a booking or when making any other decision about
      Karate Classes will be part of the terms of Our contract with You as a    

14. Complaints

          We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience as Our customer is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Karate Classes or any other complaint about Us or any of Our staff, please raise the matter with Sensei Victor who can be contacted at by email at sensei@svte.co.uk

15. No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

16. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

17. Law and Jurisdiction
    • These Terms and Conditions, the Contract, and the relationship between
       you and Us (whether contractual or otherwise) shall be governed by and
           construed in accordance with the laws of England.

            17.2  As a consumer, you will benefit from any mandatory provisions of the
                     law in your country of residence. Nothing in Sub-Clause 17.1 above
                     takes away or reduces your rights as a consumer to rely on those
                     provisions.

• Any dispute, controversy, proceedings or claim between you and Us
   relating to these Terms and Conditions, the Contract, or the
       relationship between you and Us (whether contractual or otherwise)
       shall be subject to the jurisdiction of the courts of England.