Terms and Conditions
Membership Terms and Conditions
- Application of terms and conditions
1.1. These terms and conditions (“Terms”) apply to all our memberships and course available on our website, www.desouza.tv(“Membership”) operated by De Souza Dojo trading as Martial Arts & Fitness Club (“we” or “us”). By applying to be a member of our Membership, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
1.2. These Terms should be read in conjunction with our Website Terms of Use, Privacy Policy and Acceptable Use Policy (all of which can be found on our website www.desouza.tv (“site”)).
1.3. Any content posted or submitted by you to our site or to our Facebook Group in the course of your Membership is subject at all times to the Acceptable Use Policy.
1.4. Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
1.5. The agreement is between us and you, the person or entity registering to be a member (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your registration form for the membership and shall continue until terminated in accordance with these Terms.
1.6. If you are purchasing online, the order process will be as follows:
1.6.1. add the membership to the cart and proceed to the checkout and make payment as directed;
1.6.2. if you are paying by PayPal, you will be re-directed to the PayPal website for you to make payment and then once payment is made, you will be re-directed back to our site;
1.6.3. we will send you an email acknowledging your order and confirming whether we have accepted your application.
1.6.4. If at any stage you have made an error in your order, you may email us at dojo@desouza.tv to correct any errors.
1.7. If you are purchasing online, you should print a copy of these Terms for your records as we will not be filing a copy and we may change these Terms from time to time.
- Membership
2.1. There are several levels of Membership as follows:
Please see our website: www.desouza.tv for our full list of memberships.
Teenager memberships are for children aged 13 to 15 years old. 16 years and older will be on adult memberships.
Student memberships are for 16 to 21 year olds studying full time (ie. not earning or little income) at College or University. Proof will be required before joining. Student membership may be withdrawn if it has been misused at which point the difference in price between a full membership and student membership will be owed for those months.
2.2. We may at our absolute discretion refuse membership to any person or entity and we shall not be obliged to state our reasons for such refusal.
2.3 Memberships shall continue unless they are terminated by either of us in accordance with clause 14 below.
2.4 You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability that arises from any unauthorized use of your account.
2.5 The online materials of the Membership are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Programme but in the event that such content (or any content added by you or other participants in the Programme) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
2.6 You may only communicate with the other members in the membership for the purposes of making use of the membership and may not make unsolicited promotions of your goods or services to such members.
2.7. Any digital materials included in the Programme require the following hardware and software and other functional requirements in order to be fully used: Our app: The Dojo from the app stores.
2.8. The materials we deliver as part of your Membership do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances.
2.9. Your membership will begin on the day you join.
2.10. When paying by Direct Debit, an initial payment may be required to cover the period up to your first DD payment.
2.11. Your membership is personal to you. You cannot transfer it to another person.
2.12. If “De Souza Dojo” or the bank/building society makes a mistake with your direct debit payment you are guaranteed a full and immediate refund from your bank/building society.
- Fees
3.1. You must pay a monthly membership which will be determined by your chosen membership package.
3.2. Monthly instalments will be due on the day you join and thereafter on the same day each calendar month or the next available working day by Direct Debit or recurring card payment.
3.3. We may change the amount of your monthly payments. If we do we will write to you at the email address you have given us 14 days before the changes take place.
3.4. Monthly fees are payable even if you do not use the centre.
3.5. Year upfront memberships and course fees must be fully paid at time of enrolment, should you decide to not continue training for the full year or the full length of the course, no refunds will be given.
3.6. Courses start on the day you join unless a different start date is chosen when you pay. - Cancelling Your Membership
4.1. Memberships cannot be cancelled prior to the agreed contract length that you have signed up for and the last payment has been made. A contract may be cancelled once the final payment has been made; this requires 30 days notice in writing to De Souza Dojo (e-mail dojo@desouza.tv). A confirmation letter will be sent back. The final payment will be taken when notice is given. Queries on cancelled memberships can only be dealt with when a copy of this letter is provided. Contact De Souza Dojo on 01202 565564.
4.2. Should you break the contract prior to the agreed contract length, the whole remaining balance will become due immediately.
4A. Freezing Your Membership
4A.1 Memberships can be frozen up to 2 months in any 12 month period. This option can be used if you are away on business or work for more than a month. One month prior notice must be given in writing to dojo@desouza.tv
4A.2. Freezing memberships are at a reduced rate of £15 per month (price as of Dec 2022, subject to change)
4A.3. If you are injured and want to freeze your membership longer than 4A.1 allows, then please obtain a doctors note/certificate and email to dojo@desouza.tv
4A.4. Months when memberships are frozen do not count towards your minimum months required in your contract.
- Centre Rules
5.1. You must comply with the centre rules/etiquette which forms part of this agreement.
5.2. We may change the rules/etiquette at any time. We will post notice of any changes at the centre. - Changing the Agreement
6.1. We can change the agreement at any time. We will give you 14 day’s notice of this change in writing at the email address you have given us. - Facilities
7.1. You are entitled to use the facilities available for your category of membership package.
7.2. You may have to pay additional charges to use certain other facilities/activities at the Centre. You can get a list of these from our reception points. We can change these prices at any time.
7.3. Before using any exercise equipment you must read and sign the Health Commitment Statement/Pre Activity Questionnaire and have a supervised induction session. We can refuse access to the centres facilities if we consider your health maybe adversely affected by the use of such facilities. In such circumstances you will be referred to our GP referral team.
7.4. Centre’s may open/close earlier during public holiday periods. Facilities may also close for occasional special events. Notices will be displayed in the centre in advance notifying customers of any changes. No refunds will be available for these periods.
7.5. We may change the centres opening times or withdraw any of the facilities at any time if we need them for events, tournaments, exhibitions or other special activities.
7.6. We may need to close a facility or part of it for repair/refurbishment on the grounds of health and safety or improving customer service. Fitness classes may also have to be cancelled due to unforeseen instructor unavailability. In the above circumstances we will use our best endeavours to: 7.6.1. Give as much notice as is reasonably practicable by displaying notices in the centre. 6.6.2. Arrange for alternative facilities during a period of closure.
7.7. Your membership does not give you priority over other users or guarantee the availability of facilities.
7.8. “De Souza Dojo” management reserve the right to change the activity programme. Prior notice will be given in the centre relating to activity cancellations or the introduction of new sessions.
7.9. Promotions do not apply to existing members. - Membership Cards
8.1. You must submit your membership card at respective reception points when accessing facilities; otherwise we will charge you the standard casual rate.
8.2. All members must have their photograph taken for identification purposes; this will be stored on “Mindbody” database. This information will solely be used by “De Souza Dojo” and will not be released to any third parties. 7.3. If you lose your membership card/wellness key we will charge a fee to replace it. - Junior Members and Children
9.1. If you are 16-17 (inclusive) your parent or guardian must sign this agreement on your behalf. By signing this agreement your parent or guardian agrees to be responsible for your behaviour and actions at all times and to pay us any amounts that are due on your behalf.
9.2. When you reach 18 your junior membership will end and you will automatically and immediately become a full adult member and sign a copy of this agreement.
9.3. Children aged 4 years up to and including 12 years will be on the Kids membership pricing options. As soon as a child reaches 13 years of age they will be transferred to the Teens membership pricing options. - Platinum & Gold Memberships – Adults
10.1 Private classes must be booked and taken within the month it has been paid for; it cannot be carried forward to another month.
10.2 Private classes cannot be transferred to another person. - Payment
11.1. The total price payable for the Membership is as set out on the order form. Where there is a minimum term, this shall also be set out on the order form. You may make payment via the methods that are specified on the order form. Where the payments are stated on the order form to be made in instalments or are recurring payments, you agree that we may take these payments automatically without any further consent or notice from you. If you are paying in monthly instalments, payments will be taken on the date of registration and on the same date of subsequent months so for example if registration is on 28 May, the next payment will be taken on 29 June.
11.2. Where your order is for a [12 month] membership, your membership shall automatically renew on the date falling 12 months after the date of payment, for another 12 month membership, unless notice is given one month before the first 12 month contract expires.
11.3. Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate of Santander plc bank from time to time in force and/or (ii) suspend the Membership until such time as payment is made or the Contract is terminated.
11.4. The total price payable as set out in the order form is inclusive of Value Added Tax when applicable.
11.5. All payments are non-refundable other than as set out in paragraph 14.2 and 14.3 below.
- Our obligations
12.1. We warrant to you that the Membership is of satisfactory quality and reasonably fit for the purpose for which you purchased the Membership.
12.2. Other than as set out in paragraph 12.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
12.3. We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
12.4. You acknowledge that your personal data will be processed by and on behalf of us. We will process your personal data in accordance with our Privacy Policy that can be viewed at www.desouza.tv.
- Intellectual Property
13.1. We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials provided to you by us as part of the Membership (“Materials”) and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Materials to you or to any other person.
13.2. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the Materials.
13.3. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable licence to use all or any of the Materials for the purposes for which the Membership was provided only.
13.4. Except as set out in paragraph 13.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
13.5. You may not without our prior written consent make any audio or visual recordings of any part of our Materials.
13.6. We may from time to time record any or all or any part of the Materials being delivered during your attendance. You authorise us to use your image and voice in any such recordings (and to make use of such recording in any way we think fit) without payment, other condition or need for further consent.
13.7. You acknowledge that certain information contained in the Materials is already in the public domain.
13.8 You acknowledge that the ideas and concepts shared by us within the membership and the method of running the membership are proprietary to us and you shall not take any such ideas, concepts or methods and use them in competition with us or for your own commercial gain.
13.9. The provisions of this paragraph 6 shall survive termination of the Contract.
- Term and termination
14.1. The Contract shall continue until your membership expires, other than for the Terms that are specifically stated to remain in force which will survive termination of the Contract.
14.2. If you are purchasing as a consumer (as defined in the Consumer Contracts (Information, Cancellaton and Additional Charges) Regulations 2013 – namely you are buying the membership as an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession, the following shall apply:
14.2.1 you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at dojo@desouza.tv or by using the form of cancellation annexed to this agreement at Annex 1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and
14.2.2 notwithstanding paragraph 14.2.1 above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in such paragraph and you acknowledge that you will lose your cancellation rights in relation to such digital content; and
14.2.3 in relation to the provision of any services under this Contract:
14.2.3.1 you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and
14.2.3.2 if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied, including any uniform and merchandised use. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
14.3 If you are not purchasing the membership as a consumer, the above provisions shall not apply.
14.4 After any initial membership term (as stated on the order form) has expired, you may terminate your Membership and the Contract by giving one month’s notice by emailing us at dojo@desouza.tv. Subject to paragraph 14.2 above, no refunds will be provided. Where you have set up recurring payments, it is your responsibility to terminate these payments.
14.6. Notwithstanding the provisions of this paragraph, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
14.6.1. the other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
14.6.2. the other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
14.6.3. the other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
14.7. On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
14.8. Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of termination.
14.9. Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
14.10. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
14.11. This paragraph 14 shall survive termination of the Contract.
14.12. Where the Contract expires, this shall be treated as a termination for the purposes of all paragraphs that refer to “termination”.
- Liability
15.1. We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Membership.
15.2. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Membership.
15.3. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control (including illness or incapacity), we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
15.4. We may, without any liability to you or any obliation to make a refund, make changes to (i) the Membership, (ii) any of the Materials, (iii) the location of venues, (iv) the time and date of sessions, (v) trainers, instructors or coaches or (vi) the modality of delivery of the membership.
15.5. Nothing in this paragraph 8 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
15.6. The provisions of this paragraph 15 shall survive termination of the Contract.
15.7. You acknowledge and agree that:
15.7.1. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Membership (which shall be deemed to have been terminated by mutual consent);
15.7.2. in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Membership other than as expressly set out in the Contract.
- General
16.1. By applying for Membership you warrant that:
16.1.1. You are legally capable of entering into binding contracts; and
16.1.2. You are at least 18 years old; and
16.1.3. That all information you provide us with is materially true and accurate at all times and not misleading in any way.
16.2 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. We can transfer all or any of our rights and obligations under these Terms at any time.
16.3. All notices sent by you to us must be sent to De Souza Dojo at dojo@desouza.tv. We may give notice to you at either the e-mail or postal address you provide to us in writing. Notice will be deemed receivedand properly served 24 hours after an e-mail is sent or two days after the date of posting of a pre-paid first class, recorded delivery or registered letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stampedand placed in the first class, recorded delivery or registered post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
16.4. If any court (or other competent authority) decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be ‘severed’ from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16.5. If we do not insist on performance of your obligations or we delay in exercising any rights or remedies that we have, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
16.6. We may vary these Terms as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Membership will be deemed to be your acceptance of any new Terms.
16.7. You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16.8. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
16.9. These Terms and any dispute or claim arising out of or in connection with it shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.
ANNEX 1
MODEL CANCELLATION FORM
To De Souza Dojo, 26 Seabourne Road, Bournemouth, Dorset, BH5 2HT, dojo@desouza.tv
I/we* hereby give notice that I/we* cancel my/our* contract of sale for the supply of the following services:
………………………………………………………………………………………………………………………………………
Ordered on ………………………………………………………………………………………………………
Name of consumer ………………………………………………………………………………………………………
Address of consumer ………………………………………………………………………………………………………
Signature of consumer ………………………………………………………………………………………………………
Date ………………………………………………………………………………………………………
[* delete as appropriate]
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