1. DEFINITIONS
In these Terms and Conditions the following terms have the following meanings:
“Booking” means any contract for the provision of services by way of a Welsh Judo course which you make through the Welsh Judo Association Website;
“Course” means the coaching programmes and courses, judo training and instruction services, conferences and forums as advertised by Welsh Judo through the Welsh Judo Website and as selected by You from time to time;
“Welsh Judo” means Welsh Judo Association ltd of Sport Wales National Centre, Cardiff, CF11 9SW (Registered Company Number 03074211)
“the BJA” and “British Judo” means British Judo Association ltd of Gorway Road, Walsall, WS1 3BD (Registered Company Number 1393958)
“Data Controller” means the natural or legal person or body which alone, or jointly with others determines the purposes and means of processing personal data. In this circumstance this will be Welsh Judo and British Judo.
“Data Processor” means a natural or legal person or body which processes personal data on behalf of the data controller. In this circumstance this will be the Course Tutor and Awarding Body.
“Venue Provider” means the owner and/or operator (as applicable) of the tennis club, court or other venue where any Course is to be provided (if such Course is not provided at the Coaching Provider’s own premises);
“Venue Provider Terms” means the terms and conditions or requirements, if any, governing the Venue Provider’s hosting of Coaching services at its premises, as may be notified to you in advance of or during the Course, including but not limited to any relevant health and safety requirements;
“the Website” means the website available at welshjudo.com
“You” means you, the user of the Website, and “Your” shall be construed accordingly.
“Welsh Judo Privacy Policy” is the Welsh Judo External Privacy Policy which outlines to you as a current or potential customer, how we use and process your information.
2. GENERAL TERMS AND CONDITIONS
2.1 Any person wishing to make a Booking for a Course through the Website must be 16 years of age or over.
2.2 If You make a Booking for a Course You will enter into a contract with the Welsh Judo Association ltd. Any person wishing to make a Booking for a Course through the Website must accept these terms and conditions. These terms and conditions shall apply to the supply of the Course booked by You through the Website, to the exclusion of all other terms and conditions with the exception of the Welsh Judo Website Terms and Conditions and the Welsh Judo Privacy Policy (each of which shall also apply) and, if You make a Booking, the relevant details listed on the Website in relation to the Course.
2.3 By ticking the terms and conditions box as part of Your booking of the Course via the Website you acknowledge that You have read, understand and accept these terms and conditions.
2.4 You agree that you will abide by the Terms and Conditions as may be notified to you in advance of or during the Course.
2.5 You satisfy and are able to satisfy the course pre-requisites and that you are a suitable person for involvement on the Course. If not met, there is no valid contract binding Welsh Judo to deliver the course to someone deemed ‘not suitable’.
3. BOOKING MECHANICS AND PAYMENT FOR A COURSE (WHERE APPLICABLE)
3.1 Where a Booking carries a charge, You must pay for the Course purchased through the Website by credit card or debit card. A request by You to purchase a Course using the payment process on this Website (or, where no charge is payable, to make a Booking by means of the Website) is an offer made subject to these Terms and Conditions.
3.2 Once You have offered to purchase the Course (or, where no charge is payable, to make a Booking) then, subject to checking that Your credit card or debit card payment has been processed correctly, Welsh Judo will accept Your payment and confirm Your Booking by email.
3.3 The Booking contract shall consist of these terms and conditions and the email Welsh Judo sends You confirming acceptance of Your offer and the details of the Course.
3.4 When Welsh Judo accepts Your Booking, Welsh Judo will (where a charge is payable) charge Your credit or debit card with the total cost of the Course. If You require a VAT receipt for the fees paid for the Course You must contact Welsh Judo separately using the following email address office@welshjudo.com
3.5 This sub-clause applies to Bookings where a charge is payable. Whilst Welsh Judo tries to ensure that all prices on the Website are accurate, errors may occur. If Welsh Judo discovers an error in the price of the Course You have ordered, they will inform You as soon as possible and give You the option of reconfirming Your order at the correct price (and credit or debit Your account as applicable) or cancelling Your purchase. If Welsh Judo is unable to contact You, You agree that Welsh Judo may treat the purchase as cancelled. If You choose to cancel after You have already paid the incorrect price for the purchase, You will receive a full refund from Welsh Judo.
4. COURSE APPLICATION AND ATTENDANCE
4.1 You must attend all of the scheduled dates of the Course in their entirety, in the correct sequence and at the stated venue to qualify for assessment.
4.2 If You apply and pay for the Course without the required pre-requisites prior to the start of the Course, You will not be admitted onto the Course. You may be asked to provide proof of meeting the pre-requisites. Welsh Judo reserves the right to contact relevant organisation (e.g. the British Judo Association) to verify your credentials or eligibility for the Course. Failure to provide satisfactory proof of meeting the pre-requisites may result in the cancellation of your registration.
4.3 Welsh Judo reserves the right to reject any applicant whom it considers to be an unsuitable person for involvement on its Courses. This right may also be exercised retrospectively if information is brought to the attention of Welsh Judo, which, if known at the time of the application, would have rendered the learner unsuitable.
4.4 The falsification of any information requested in Your application and/or the existence of any police record or caution relating to matters considered being incompatible with certification, constituting circumstances where Welsh Judo reserves the right to withdraw or suspend a learner’s qualification.
4.5 If You have stated in Your application that You are asking a third party to pay all or part of Your course fee on Your behalf, You understand that You must provide permission in writing from the organisation agreeing to paying Your fees, obtaining a purchase order number if necessary, and that these must be submitted with this Course application. If You fail to do so, You understand that this will result in Your application being rejected or delayed. You also understand that You are responsible for ensuring that the third party pays Your course fee 14 days prior to the start of the course, and that if the required fee has not been paid by this time, You may forfeit Your place on the Course.
5. CANCELLATION AND REFUNDS
5.1 This clause 5 applies to those Bookings where a charge is payable.
5.2 If You wish to cancel your Booking, you must cancel the Booking by contacting Welsh Judo direct no less than 14 days prior to the start of Your Course.
5.3 If You request to cancel a Booking not less than 14 days prior to the start of a Course, You will be refunded the full costs of the Course purchased. If You request to cancel a Booking less than 14 days before the start of the Course You will not be eligible to receive a refund for the Course purchased unless due to illness certified by a medical practitioner’s note.
5.4 Subject to clause 5.3 above, if Your Booking cancellation request is accepted, Welsh Judo will process the refund within 14 days of receiving Your cancellation request.
5.5 Welsh Judo may cancel the Course for whatever reason by giving You written notice of such cancellation. If Welsh Judo cancels the Course, You will be refunded the full cost of the Course purchased. Welsh Judo will process the refund within 14 days of notification to You of the cancellation of the Course.
6. COURSE WITHDRAWAL
6.1 If You withdraw from the course less than 14 days before the scheduled start date of the course then the full Course fee will be forfeited.
6.2 Once You have enrolled on to a Course, You must attend all days, in their entirety, at the same venue in the correct sequence. If You choose to move to another Course and where this is agreed with Welsh Judo, You understand that You are liable for a £75.00 administration fee every time You change Courses. If You do not complete the course from start to finish on all days and at all times, You understand that You will not pass the course and will forfeit Your course fee.
6.3 Under no circumstances, other than medical (supported by a medical practitioner’s note), can You miss parts of the Course. Welsh Judo will transfer You to an appropriate Course to complete the day(s) missed. Welsh Judo will endeavour to provide the earliest opportunity to complete Your Course however we cannot guarantee that will be at the same venue as Your original Course. You may be required to complete the remainder of Your Course at a different venue to the one You originally Booked.
6.4 Welsh Judo is not liable for any damage or loss caused under this application process or for the duration of the course except where this is caused by the negligence of Welsh Judo, its employees and directly affiliated bodies but any such liability shall be limited to the extent that such loss was reasonably foreseeable at the time the contract was entered into. For the avoidance of doubt, this clause in no way excludes or limits the liability for personal injury or death caused as a result of the negligence of Welsh Judo, its employees and affiliated bodies.
6.5 Once You start the Course You have enrolled on, You must complete all aspects of the course within the awarding timeframe (example, 6 months for BJA Level 1) of the start date. Failure to do so will result in having to pay a re-registration fee to complete the Course again.
7. COURSE ASSESSMENT AND REASSESSMENT
7.1 You understand that qualification for assessment is at the discretion of the Course Tutors. If the Course Tutors have reason to believe that You are not ready for assessment either due to Your performance on the Course or due to incomplete course work, Your assessment may be deferred to a later date.
7.2 You understand that during Your course and/or assessment You may be video recorded or photographed by the course tutors as part of the assessment process for the purpose of making an assessment decision and securing evidence of Your competency and understanding of the Course requirements and content. Welsh Judo confirms that any such evidence will be used solely for the purposes of assessment/reassessment and for no other purpose without Your consent.
7.3 In the event of You not being successful in Your Course assessment, You understand that You will be offered the opportunity to be reassessed by Course Tutors and/or Assessors. You will need to apply for reassessment. Non-refundable fees will apply to re-assessment:
7.3.1 The reassessment fee is currently £50
7.3.2 Late marking fee (outside of the set completion date) will be £50
7.4 In the event that You wish to make a complaint about any aspects of the Course, you should follow the Welsh Judo complaints process accordingly.
8. LIMITATION OF LIABILITY
8.1 So far as is reasonably practicable the Website is made available by Welsh Judo on a 24 hour, 7 day a week basis. As it is technically impossible to provide a fault-free uninterrupted service, the Website is provided ‘as is’ and ‘as available’ without warranties of any kind, express or implied (other than warranties not capable of exclusion as a matter of law). Whilst Welsh Judo will use reasonable efforts to ensure that the Website booking facility is available at all times, to keep unavoidable interruptions to a minimum and to give notice on the home page of anticipated interruptions, there will inevitably be times when it is unavailable.
8.2 Welsh Judo shall not be liable to You for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with Your use of the Website, or from any misrepresentation, whether innocent or negligent, except to the extent that such liability may not be lawfully excluded.
8.3 Notwithstanding anything else contained in these terms and conditions , Welsh Judo shall not be liable to You for: (i) loss of profits or contracts or goodwill or statutory penalties or indirect or consequential loss, whether arising from negligence, breach of contract or howsoever caused; (ii) any and all costs related to the procurement of any substitute service(s); (iii) third party claims of any kind; or (iv) any loss or damage arising from Your failure to use the Website strictly in accordance with the terms of this Agreement.
9. THE DATA PROTECTION ACT 2018
9.1 The Welsh Judo Association confirms that it will process Your personal data in accordance with the Data Protection Act 2018. You agree that the Welsh Judo Association and the British Judo Association may process Your personal data to complete the Booking and to provide the Course Tutor with relevant information (as applicable). Where You are completing a qualification, the Welsh Judo Association or the British Judo Association will be required to forward your personal data to the awarding body. For further details please refer to the Welsh Judo Association Privacy Policy.
9.2 Your financial information (bank account and credit or debit card details) will not be stored by Welsh Judo. Welsh Judo uses Stripe or PayPal as a payment provider.
10. ADDITIONAL PROVISIONS
10.1 Force Majeure. Welsh Judo shall not be liable for any failure to fulfil its obligations caused by circumstances beyond its reasonable control, including any period during which access to the Website is suspended, provided that such party has made reasonable efforts to fulfil its obligations under this Agreement.
10.2 Entire Agreement. These terms and conditions, together with the Welsh Judo Privacy Policy, set out the whole of our agreement relating to use of the Website to purchase or otherwise contract for the Course where you make a Booking. Nothing said by any person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods/services offered by Welsh Judo. Except for fraud or fraudulent misrepresentation, Welsh Judo shall not have any liability for any such representation being untrue or misleading.
10.3 Variation. Welsh Judo shall have the right to modify the terms of this Agreement at any time and the updated terms and conditions will be posted on the Website. If you continue to use the service, you will be deemed to have accepted any such modification.
10.4 Severance & Waiver. In the event that any provision of this Agreement is held to be illegal, invalid, void or unenforceable, it shall be severed from the remaining provisions of this Agreement which shall continue in full force and effect. Failure or neglect by either party to enforce any provision of this Agreement shall not be construed nor shall be deemed to be a waiver of a party’s rights under this Agreement and shall not prejudice that party’s rights to take subsequent action.
10.5 Assignment. You shall not, without the prior written consent of Welsh Judo (if applicable), assign, sub-license, sub-contract or otherwise transfer to any third party any of its rights or obligations under this Agreement.
10.6 Third Party Rights. Each party agrees that no term of this Agreement will be enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
10.7 Governing Law and Jurisdiction. These terms and conditions are subject to the laws of England and Wales and you and the Welsh Judo Association irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales.
10.8 Validity of terms. If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.
10.9 Contacting Welsh Judo. If you need to contact Welsh Judo about these terms and conditions or the service provided through the Website you may do so by post using the address below or by email using this address office@welshjudo.com