Website Terms and Conditions
Definitions
1.1
“Carer” means the person / persons who attend the course or any part of it, with the pupil,
1.2
“Coach” means the individual(s), employed by Basket Buddies to teach the Course. Whilst every
effort will be taken to maintain the consistency of the Coaches during the Course, Basket
Buddies unreservedly retain the right to change the coaching staff where necessary,
1.3
“Course” means the Basket Buddies course you are attending or enrolling on,
1.4
“Enrolment Form” means the online form relating to the enrolment of the pupil on the course, by
the Parent,
1.5
“Fee” means the monetary cost per course as specified on the enrolment form,
1.6
“Basket Buddies” means the company or person with whom you have entered into this
agreement; the title “Basket Buddies” where used in this document refers to the company or
person running the Basket Buddies course you are attending or enrolling on,
1.7
“New Customers” refers to children of parents / carers who are attending a Basket Buddies class
for the first time,
1.8
“Parent” means a parent or legal guardian who will be responsible for the payment of the Fees
and who is the contracting party to this contract,
1.9
“Premises” means the venue where the Course takes place,
1.10
“Pupil” means the child attending the course, whose details are specified by the Parent or Carer
on the Enrolment Form,
1.11
“Terms” means the terms and conditions set out in this document and any special terms and
conditions agreed in writing by Basket Buddies and the Parent,
1.12
”Writing” includes emails. When we use the words “writing” or “written” in these terms, this
includes emails.
Acceptance of Terms and Conditions.
2.1
Please read these terms carefully before you book our classes. These terms tell you who we are,
how we will provide classes to you, how you and we may change or end the contract, what to do
if there is a problem and other important information. If you think that there is a mistake in these
terms, please contact us to discuss.
2.2
All those wishing to attend a Basket Buddies Course must agree to the terms and conditions set
out below. The Terms shall be deemed to have been accepted by the Parent upon payment of
the Fee by or on behalf of the Parent. Payment by the Carer shall be deemed to have been
made on behalf of the Parent.
2.3
These are the terms and conditions on which we provide Basket Buddies Courses to you. No
variation or addition to the Terms shall be binding unless agreed in writing by Basket Buddies
and the Parent.
2.4
All agreements relating to the teaching of the Course by Basket Buddies to the Pupil are subject
to these Terms to the exclusion of all other terms and conditions.
2.5
In the unlikely event of a customer failing to abide by these terms and conditions, a customer
may be requested to discontinue with Basket Buddies. In this instance Basket Buddies will be
under no obligation to provide a refund for any outstanding lessons.
2.6
The Parent and/or Carer agrees to keep the content of the Basket Buddies Course and the
Basket Buddies Training Programme confidential and not to copy or use any aspect of the
Basket Buddies Programme directly or indirectly. The Parent and/or Carer agrees not to directly
or indirectly manage, operate or assist in the organisation of any business which competes with
Basket Buddies while the Pupil is a member of Basket Buddies and for a period of two years
afterwards.
Information about Head Office and how to contact us.
3.1
Basket Buddies Ltd is a company registered in England, number 16119963. Our registered office
address is 29 The Crescent, Hampton in Arden, Solihull, B92 0BN. For the purposes of Data
Protection Basket Buddies is a data controller. Our ICO registration number is: XXXXXXX.
3.2
For specific questions about your Basket Buddies Course, please speak to your local Coach
directly or contact us by email info@basketbuddies.co.uk or by post at Basket Buddies Ltd, 29
The Crescent, Hampton in Arden, Solihull, B92 0BN.
3.3
If we have to contact you we will do so by text message (including WhatsApp), telephone or by
writing to you at the email address or postal address you provided to us upon booking a Course.
Booking, Payment & Cancellation
4.1 Booking a class
4.1.1
You can make a class booking online at www.basketbuddies.co.uk
4.1.2
You must provide us with specific personal information in order to book a class with us. Full
details of the information we collect can be found in our Data Privacy Policy here
https://www.basketbuddies.co.uk/privacy
4.1.3
During the booking process, you will be asked to read and agree to our Terms and Conditions
(this document), which include our Session Rules. Upon completion, you will receive a
confirmation email detailing what you have booked, information about the time/location of your
Course and other information about the programme.
4.1.4
All class timetables are correct at time of publishing. If your class time/location changes, your
local provider will contact you.
4.1.5
All of our prices include standard rate VAT where applicable.
4.2 Payment
4.2.1
Lessons are paid for monthly in advance and must be paid in full prior to the Pupil commencing the Course. Payment will always be taken on the 1st of each month. Your initial payment will comprise your first month of Course Fees as well as the Membership Fee. If you join part way through a month then this will be included in your initial payment. Your monthly Fee will be based on your current class Fee, reduced by any credits that are on your account e.g. cancelled lesson credits.
4.2.2
You hereby authorise Basket Buddies to take automatic monthly payments on the basis
described in 4.2.1 above (“Continuous Payment Authority”) until such time as you give us
30-days written notice to cancel this authorisation. Payments will be taken from the card from
which you made your last payment. If you want to change the card details, please contact us
info@basketbuddies.co.uk.
4.2.3
It is your responsibility to make sure that there are sufficient funds in your account and that the
saved card is valid. If an automatic payment has failed, you will be notified and immediate
payment will then be required to retain your space in the class. You will be responsible for any
fees or penalties that Basket Buddies incurs as a result of a failed payment.
4.2.4
The Fee is non-refundable under any circumstances whatsoever except with the prior written
agreement of Basket Buddies, unless the child has attended the first class of their Course and
given notice (in writing) that they will not be continuing to attend classes within 24 hours of
attending the first class, in which case the course fees, excluding any Membership Fee, will be
refunded in full within 30 days.
4.2.5
If live classes are cancelled for any reason outside the control of Basket Buddies, including
(without limitation) as a result of an “Act of God” (e.g. disruption resulting from extreme weather
conditions, earthquakes, strikes or terrorist activity), or where local or governmental
authorities/public guidance advise that live classes should be temporarily suspended for health or
other reasons (‘Extreme Reasons’), then no refunds nor credits shall be given. Basket Buddies
reserves the right to provide online classes as a replacement for, or alternative to, live classes
where it is not possible or reasonably practicable to provide live classes, including (without
limitation) for the aforementioned Extreme Reasons, and in doing so Basket Buddies shall satisfy
its contractual obligations hereunder and there shall be no entitlement to any refund or credit.
4.2.6
If your class fee changes you will be notified of your revised payment schedule in writing by
Basket Buddies.
4.2.7
Birthday Parties and Holiday Courses are run separately from our regular Courses. Payment for
these will be taken separately from your automatic monthly payments and will not affect your
regular payment due dates.
4.2.8
When paying online, we will accept:
Visa Credit,
Visa Debit,
MasterCard Credit,
MasterCard Debit,
Visa Electron,
Maestro,
JCB.
Cancellation by Basket Buddies
5.1
Basket Buddies may cancel this contract at any time before the Pupil commences the Course for
any reason whatsoever. Basket Buddies shall not be liable for any loss or damage whatsoever
arising from such cancellation.
5.2
In the unlikely event of ‘last minute’ lesson changes or a lesson cancellation by us, Basket
Buddies will notify you with as much notice as possible. Basket Buddies will not reimburse any
expenses incurred by a customer failing to pick up their message.
5.3
If a lesson is cancelled by Basket Buddies, other than in accordance with clause 4.2.5, we will,
wherever possible, offer you an online class to attend failing which we will give you a credit for
the value of the cancelled lesson to be added to your account, which if taken will be deducted
from your next automatic payment.
5.4
Should you decide to leave Basket Buddies before the Credit has been used we will refund the
Credit to you.
5.5
If insufficient children are booked into your class, we reserve the right to cancel the class. In this
instance we will offer you either an alternative class or online class to attend or a refund will be
given for any remaining sessions after the cancellation.
5.6
In the event of cancellation by Basket Buddies prior to the commencement of the Course by the
Pupil, Basket Buddies will refund any fees for outstanding classes within 30 days
5.7
The Parent understands that sessions are ongoing and to be used consecutively. No credits or
refunds will be issued for missed classes (see Clause 6).
Attendance
6.1
Your lesson payment has reserved your place just for you and if you miss a lesson for any
reason we are unable to refund you. If you know you are unable to attend a lesson, please let us
know giving at least 48 hours notice by emailing info@basketbuddies.co.uk.
6.2
If, having let us know you are unable to attend your normal lesson, your circumstances change
and you are, in fact, able to attend the lesson, you must let us know in advance. Please do not
just turn up to your normal lesson as; if the lesson is full, your child will not be able to play for
insurance reasons.
Cancellation by the Parent / Carer
7.1.
The cancellation rights generally available to consumers in accordance with their statutory rights
do not apply to the classes provided by us.
7.2
For New Customers if for any reason you attend your first session and decide that it is not for
you, we will offer you a full refund as long as you notify us in writing of your intention not to
continue, within 24 hours of attending your first session. If your request is not received in writing
and/or is received after 24 hours of your first session, you will not be eligible for a refund.
7.3
Existing customers who want to cancel their course can do so by notifying us, in writing, and
giving 1 month’s (30 days) notice. Basket Buddies will confirm the date of the customer’s final
class when the notice has been received. No refund nor credit will be given for any class(es) that
are unattended prior to and including the customer’s final class, unless Basket Buddies cancels a
session (see clause 5).
Parent’s Responsibility.
8.1
The Parent warrants and represents that;
8.1.1
The information set out in the Enrolment Form (whether or not completed and/or signed by the
Parent) is accurate in all respects and the Parent will notify Basket Buddies of any change in
such information immediately.
8.1.2
When attending the Course, neither the Pupil nor the Carer will be suffering from any contagious
illness, disease, injury or anything similar thereto.
8.1.3
It is the customer’s responsibility to inform the Coach of any condition that could affect their
child’s capabilities during sessions. You must agree to inform us of any changes, as soon as you
become aware of them. This can be updated by informing the Coach contacting us at
info@basketbuddies.co.uk. All information provided to us will be treated as strictly confidential.
8.1.4
The Parent shall indemnify and keep indemnified Basket Buddies against all loss (including loss
of profit), liability, costs and expenses which Basket Buddies shall incur directly or indirectly as a
consequence of any action or inaction of the Parent, the Carer or the Pupil.
8.1.5
Customers are expected to behave in a civilised and respectful manner at all times towards the
Coaches, other customers and any members of the public who are on the Premises. In the event
that Basket Buddies determines the behaviour of the Pupil and/or the Parent/Carer to be
unacceptable, Basket Buddies shall be entitled to exclude the Pupil and the Parent/Carer (or
either of them) from Course and Premises permanently or for such period as Basket Buddies
shall (in its entire discretion) determine.
8.1.6
The standard of behaviour which is to be regarded as unacceptable at a Course or on the
Premises shall be determined by Basket Buddies.
8.1.7
The Parent is allowed to bring siblings of the Pupil onto the Premises as long as they do not get
involved in the lesson (unless the sibling enrolls into the appropriate age-group class). The
sibling is the responsibility of the Parent/Carer at all times.
8.1.8
Customers accept that at times there will be physical contact between the Coach and their child,
which will always be carried out in a professional and caring manner.
8.2. Session Rules;
8.2.1
For Health and Safety purposes please supervise your child(ren) around the pitch/venue prior to,
and post, your session start time.
8.2.2
Please help us start and finish sessions on time by arriving promptly for your session and taking
any litter home with you when you leave. Please let the coaching team know if you have to leave
the session early for any reason; this is for emergency evacuation purposes.
8.2.3
Please keep siblings, buggies and associated equipment off or as far back from the playing area
at all times. ‘Pitch invaders’ are not covered by our accident insurance if they cause or are
involved in an accident (see Clause 8.1.7).
8.2.4
To comply with our ‘Safeguarding & Child Protection Policy’ and best practice, we request that
parents/carers DO NOT take photographs or videos at Basket Buddies sessions. Whilst our
coaches will do their best to enforce a total ban on the use of photographic/film or video
equipment by parents/carers at classes, due to the nature of their work and the concentration
required during the delivery of sessions, we are unable to guarantee this, and your cooperation
would be appreciated. From time to time Basket Buddies may organise class photo shoots, but
only where all parental consents have been obtained.
8.2.5
Please try to keep noise and disturbance from the sidelines to a minimum to avoid distracting
your child and others.
8.2.6
Please ensure your child is wearing athletic clothing and proper footwear for each session.
8.2.7
Although general advice will be offered, no requests for transfers, moving up age groups or
changing venues or sessions can be confirmed on the spot at classes. Please contact us
info@basketbuddies.co.uk with any such requests. Absolutely no cash/cheques or enrolment
forms will be accepted at the class.
Complaint’s Procedure
9.1
We hope you will be delighted with our service but if you are at all unhappy please follow our
complaints procedure:
9.1.1
Speak to the Coach who will try to resolve the matter to your satisfaction.
9.1.2
If the response from your Basket Buddies Coach is not satisfactory, a written complaint should be
submitted for the attention of the Office Manager at Basket Buddies Ltd to the email address
above (see Clause 3.2).
Website & Social Media Information
10.1
The material made available in this site, including materials in linked sites directly or indirectly
accessible from this site, are provided ‘as is’, with no warranty of any kind, express or implied,
including those of merchantability and fitness for a particular purpose. Any reference to linked
sites or to third party companies, products or services by name does not constitute or infer its
endorsement by Basket Buddies. Basket Buddies has used all reasonable endeavours to ensure
that information provided through this website is accurate at the time of inclusion, however it
accepts no liability for any inaccuracies, errors or omissions in the site. The information available
on the site may be incomplete, out of date or inaccurate. Basket Buddies reserves the right at
any time and without prior notice to make changes and corrections to the material on the site.
Basket Buddies accepts no liability for any loss or damage of whatsoever nature caused by the
use or the inability to use the materials available in this site or any linked site. Basket Buddies
has taken all reasonable steps to ensure that the Intellectual Property of third parties is not
infringed. If however, you genuinely believe that the material on this site infringes any Intellectual
Property rights, please contact Basket Buddies directly. All images displayed on this website are
under the ownership of the photographer concerned. Agreement to display the photographs has
been reached and they are not available to be copied.
Exclusion of Liability
11.1
Except in the case of fraud and subject to clause 7, Basket Buddies, its coaches, servants,
employees or agents accept no responsibility under any circumstances for any loss
(consequential or otherwise), damage, expense or delay suffered or incurred by the Parent, the
Pupil or any other party arising directly or indirectly or in any way connected with the attendance
of the Pupil at the Course (or any part of it) or any other act or omission on the part of Basket
Buddies or any of its coaches, employees or agents even if such act or omission is negligent.
11.2
The Parent agrees (for and on behalf of the Parent and the Pupil) that any claim by the Parent or
the Pupil against Basket Buddies or any coach, employee or agent of Basket Buddies must be
brought within 60 days of the event that gave rise to such claim. Any claim made thereafter shall
be time-barred.
11.3
The Parent acknowledges, warrants and undertakes (for and on behalf of the Parent and the
Pupil) that the maximum aggregate liability of Basket Buddies to the Parent and/or Pupil under
these terms shall not exceed the Fee.
11.4
All warranties and conditions whether implied by statute or otherwise are excluded from this
contract provided that nothing in this contract shall restrict or exclude liability for death or
personal injury caused by the negligence of Basket Buddies, its coaches, servants, employees or
agents or affects the statutory rights of the Parent or Pupil.
General.
12.1
Basket Buddies accepts the service of documents via email and any notices to be sent by either
party to the other shall be sent in writing.
12.2
The failure by either party to enforce at any time or for any period any one or more of the
obligations arising under these Terms shall not be a waiver of them or of the right at any time
subsequently to enforce all the obligations arising under these Terms.
12.3
The Parent acknowledges, has read and understood the Basket Buddies Data Privacy Policy
found here: https://www.basketbuddies.co.uk/privacy. A copy of the Basket Buddies
Safeguarding Policy is available on request.
12.4
We may transfer this agreement to someone else. We may transfer our rights and obligations
under these terms to another organisation.
12.5
You need our consent to transfer your rights to someone else. You may only transfer your rights
or your obligations under these terms to another person if we agree to this in writing.
12.6
Nobody else has any rights under this contract. This contract is between you and Basket Buddies
Ltd. No other person shall have any rights to enforce any of its terms.
12.7
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.
12.8
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 service,
we can still require you to make the payment at a later date.
12.9
These Terms constitute the entire agreement between the parties hereto and supersede all prior
agreements and understandings between the parties. It is agreed that no statement, promise or
inducement whether written or oral alleged to have been made by either party and which is not
contained herein shall be binding or form part of this Agreement.
12.10
The safety and wellbeing of your child or the child in your care is of the upmost importance to
Basket Buddies. We have a responsibility to report any inappropriate or suspicious behaviour to
the relevant authorities.
12.11
Whilst we will try to ensure you always have the same coach in a particular class, we cannot
guarantee this as coaches may fall ill, leave or cancel for personal reasons. On occasion we may
also need to have a new coach join or lead your lesson in order to complete their coach training
or assessments. This will in no way affect the quality of your lesson.
12.12
Our Classes are designed with a child’s physical, social, cognitive and emotional development in
mind. Moving children into classes before a certain age could be challenging for them and
detrimental to their progress. We have therefore applied a minimum and maximum age to each
level, which is based around these considerations and must be adhered to (please see
www.basketbuddies.co.uk/ourclasses).
12.13
We reserve the right to make amendments to our Terms and Conditions at any time to reflect
changes in our business or statutory obligations. The new version will be posted on our website
and will take effect immediately upon posting. If applicable these changes will be communicated
to all our customers by email. If you book lessons after the new Terms and Conditions have
come into effect as part of your booking process you will indicate your agreement to be bound by
them. Previous versions of our Terms and Conditions can be requested from
info@basketbuddies.co.uk
12.14
This entire agreement shall be governed by English Law and shall fall under English jurisdiction.