Terms and Conditions
1. These Terms
(a) These terms will apply to the sale and supply of any of the services listed on our website by us to you. Please read them carefully before purchasing any services from our website or registering to attend a Rabble session. By purchasing any of our services or registering to attend a session, you agree to be bound by these terms and the other documents referred to in them.
(b) You should print and keep a copy of these terms for future reference.
(c) Please click on the button marked “Pay for pass” at the point of payment if you accept these terms and conditions. If you refuse to accept these terms you must not purchase any services from us.
(d) From time to time, we may amend these terms (see clause 7 below). Every time you purchase a service from us, please check these terms to ensure you understand the terms which will apply at the time you purchase said services. These terms were last modified on Friday 25st May 2018.
(e) These terms and any contract between us are in the English language only.
2. Information about us
(a) The website is operated by Join the Rabble Ltd (‘we’,’us’,’our’,’Rabble’). We are a limited company registered in England and Wales under company number 08894656 and with our registered office at 101 Finsbury Pavement, London, EC2A 1RS. Our VAT number is 256 9327 72.
(b) To contact us, please see our Contact Us page or send us an email to firstname.lastname@example.org.
3. Our services
(a) Terms and conditions of participating in a Rabble session
i. Rabble sessions involve physical exercise in the form of individual and team games and challenges. Such physical exercise may be on slippery ground with obstacles and has inherent risks of injury or even death. You are voluntarily participating in these activities.
ii. You know of no reason why you should not participate in the sessions. You should not have any current injuries which may be aggravated through physical activity and team sport.
If you are aware of having any condition, disease, illness or infirmity that would make it inadvisable or risky for you to participate, you should not participate in a Rabble.
iii. You confirm that:
o Your doctor has never said that you have a heart condition or that you should only do physical activity recommended by a doctor
o You do not feel pain in your chest when you do physical activity
o You have not had a chest pain when you were not doing physical activity
o You do not lose balance because of dizziness, or ever lose consciousness
o You do not have a bone or joint problem (for example, back, knee, or hip) that could be made worse by doing physical activity
o Your doctor is not currently prescribing you medication for blood pressure or heart condition
o You are not pregnant
o You do not know of any reason why you should not do physical activity
OR if you cannot confirm all the above, or if your condition changes so that they are no longer all true, you will not participate in Rabble sessions until you have consulted with a doctor to clarify that it is safe for you to become physically active at this current time and in your current state of health.
iv. You will advise your instructor of any medical conditions (asthma, for example) which could be triggered or require treatment as a consequence of engaging in outdoor physical activity, and you acknowledge that you are responsible for bringing associated regular medication with you.
v. You will advise your instructor should any medical condition, injury or illness arise during your participation, and abide by the instructor’s decision as to whether and how you should continue.
vi. You understand that Join the Rabble Ltd takes reasonable steps to help ensure sessions are conducted safely, but cannot guarantee that an accident or injury will not occur. In return for Join the Rabble Ltd allowing you to participate in any session, you agree to waive, release and discharge Join the Rabble Ltd from any claims, demands or actions that arise unless they are for death or injury resulting from Join the Rabble Ltd’s negligence or other circumstances as English law mandates.
vii. You agree to obey all oral notices or instructions regarding safety and given by your instructor at a Join the Rabble Ltd session (including any direction to stop playing) and not to behave recklessly or disrespectfully. Ifyouignore or fail to take any advice or instruction thenyouaccept responsibility for my action and for their consequences to me and others, for example injury or damage.
viii. You are aware that when participating in Join the Rabble Ltd team activities your actions may affect the safety and health of others, whether team members or otherwise. You understand that Join the Rabble Ltd’s culture and aim is for games to be engaging, safe, social and fun, and that they may involve people with differing levels of strength and physical fitness from you. You acknowledge that you have a duty to act with care and respect towards others when you are involved in Join the Rabble Ltd activities. You are aware that there are circumstances where you could be held liable for injury or death to others, for example if you were to act recklessly and cause injury.
ix. You assume all risk for loss or damage to your personal belongings.
x. You understand that if you cancel a session less than 12 hours in advance that you will be charged for that session, and that you may lose your place if you are not physically present 5 minutes before the start of a session.
xi. You grant permission to Join the Rabble Ltd to use your photographs, videos and/or any other record of my participation for legitimate purpose.
(b) The images and videos of the services on our website are for illustrative purposes only. The services you receive may vary slightly from those images and videos.
4. Use of our website
(b) While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms which may have been agreed, to be confirmed in writing.
(c) You may only purchase services from our website and register to a session if you are at least 18 years old and if you are legally capable of entering into binding contracts.
5. How we use your personal information
6. How the contract is formed between you and us
(a) Our purchase and booking process allows you to check and amend any errors before submitting your purchase of service and registering to attend a Rabble session. Please take the time to read and check your order at each page of the pass order process.
(b) To purchase a pass on this website, you should:
· Step 1 – Click on the pass you wish to purchase
· Step 2 – Existing Customers: Sign in to your online account and confirm your details
New customers: Press continue, provide your contact details
· Step 3 – Enter your payment details and click “Pay for pass”
By clicking “Pay for pass” you confirm that you have read, understood and accept these terms and conditions.
(c) To register to a session on this website, you should:
– Step 1 – Click on the session you wish to attend
– Step 2 – Existing Customers: Sign in to your online account
New customers: Create an account and purchase a pass as outlined in 6(b)
– Step 3 – Choose the pass you wish to use for registering to the session
At this point the tick mark for the session you have registered will turn green, confirming that you are registered to that session.
By clicking on the pass you wish to use for the session, you confirm that you have read, understood and accept these terms and conditions.
(d) You can pay for passes on our website using a debit or credit card.
(f) After you purchase, you will receive an e-mail from us acknowledging that you have purchased a pass.
It is at this point that the contract between you and us for the sale and purchase of the services ordered by you will be formed and become binding. The contract that is formed shall be in English and will include these terms and conditions.
(g) If we are unable to supply you with a service, for example because the sessions are no longer available or if a location has closed down, or because we are unable to obtain authorisation for your payment, we will inform you of this by e-mail as soon as possible. If you have already paid for the pass, we will refund you the full amount paid as soon as possible.
(h) We may decide, at our discretion, not to accept an order from you for any services.
7. Our right to make changes
(a) Minor changes. We may update or amend these terms 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. These changes will not affect your use of the product.
(b) More significant changes. Where we make changes to these terms or to the products and such changes affect your rights under these terms or your use of the products in any material way you will be notified when the relevant changes take effect. You may then end the contract before the changes take effect and receive a refund for any services you have paid for but have not yet make use of.
(c) Please review these terms regularly to ensure you are aware of any of the changes we have made.
8. Your right to change your mind
(a) You have the legal right to change your mind and cancel your order until 14 days after the day the pass was purchased.
(b) To cancel your order please notify us by emailing us at email@example.com and including your name, address, details of your order and email. Refunds will be made in accordance with our refund policy (see clause 9 below).
(a) We will refund to you using the same method originally used by you to pay us for your purchase.
(b) We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then we will process any refund due to you as soon as possible and, in any case, no later than 14 days after the day we receive the request from you.
10. Price of services
(a) The prices of the services will be as quoted on our website from time to time. We take all reasonable care to ensure that the prices of services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of any services you ordered, please see clause 11(d) for what happens in this event.
(b) Prices for our services may change from time to time, but changes will not affect any order which we have confirmed.
(c) The price of a service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
(d) Our website contains a large number of services. It is always possible that, despite our reasonable efforts, some of the services on our Website may be incorrectly priced. If we discover an error in the price of the services you have ordered we will inform you of this error and we will give you the option of continuing to purchase the service at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the services to you at the incorrect (lower) price.
11. Discount and promotion codes
(a) Occasionally, we may offer special promotions (such as discounts or offers) on certain services. We have the right to withdraw such promotions at any time and they may also be subject to time restrictions, availability and other terms and conditions.
(b) To avoid disappointment, please ensure you check the terms for a promotional offer before trying to redeem it.
(c) We may occasionally offer promotional discounts, with or without a promotion code. Promotions with codes are usually only valid for one transaction and once the code is used it will be deactivated and will no longer be valid.
(d) Promotions cannot be added to an order after the order is confirmed, therefore you must ensure that the voucher is registered before you confirm and pay for the services.
(e) We do occasionally work with third parties to offer promotions related to our services but we are not responsible for promotions related to our services where such promotions are published on external websites or other media which have not been approved by us.
12. Our liability
(a) If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a natural, foreseeable consequence of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
(b) We only supply the services to you for private use. You agree not to use the services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(c) We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law including your right to receive services as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care.
13. Events outside our control
(a) We may have to suspend performance of the contract between us if we are unable to perform our obligations due to any act, event or non-happening, omission or accident outside our reasonable control which includes:
· strikes, lock-outs or other industrial action by third parties;
· civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
· fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
· failure of public or private telecommunications networks;
· impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
· the acts, decrees, legislation, regulations or restrictions of any government; or
· any failure or service outage that falls outside our control.
(b) We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency in which case we will contact you as soon as reasonably possible.
14. Other important terms
(a) We may transfer our rights and obligations under a Contract to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer or you feel that the service you are now receiving is not the same then you may contact us to end the Contract within 14 days of being notified of it and we will refund you any payments you have made in advance for products not provided.
(b) You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
(c) Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 14(b) in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
(d) 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 against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later.
(e) Which laws apply to this contract and where you may bring legal proceedings. Contracts for the purchase of services through our website will be governed by English law and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in another European Union country you can bring legal proceedings in respect of the products in either the country in which you live or the English courts.
15. Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution. This does not prevent you going to court if you are still not satisfied with the outcome. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at www.ec.europa.eu/consumers/odr.
16. Contact us
If you have any questions about us, these terms, our website or our products, please do not hesitate to contact us at firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.