Terms and Conditions
1. The following terms and conditions apply to the Contract (see definition below) and each future request for the supply of services and/or materials received by the British Krav Maga Association (the Company, see definition below). The communication of a request by the Client to the Company for the supply of services and/or materials shall amount to the Client’s acceptance of these terms. These terms shall take precedence over any terms and conditions of the Client, whether attached to, enclosed with or referred to in any purchase order of the Client or elsewhere. They may not be varied except by written agreement between the Company and the Client
In these terms and conditions the following words shall have the meanings given in this clause:
2.1 ‘Company’ means Action Training Courses LTD trading as the British Krav Maga Association. The Company is registered in England, number 67233667 having our registered office at 8 North View Drive, Banwell, Somerset BS29 6AS
2.2 ‘Client’ means the person, firm or company described as such overleaf;
2.3 Course’ means the Project specifically booked: EG Close Protection Course, Defensive Tactics Course, First Aid etc, by the Company.
2.4 ‘Contract’ means the contract consisting of the front and back of this form and concluded by either the Client signing overleaf and returning it to the Company or the Company starting work on the Project;
2.5 Project’ means the job/course or service described on this website
2.6 ‘Cost’ means the fee to be charged by the Company for the Project and specified on this website
2.7 ‘Mandatory Requirements’ Elements of the Project required by any accreditory or other body in order to provide accreditation or qualification to the Client on successful completion of the Project.
2.8 Rights’ means all copyright and related rights (whether registered or unregistered), patents, rights in trade marks (whether registered or unregistered), database rights and any other intellectual property rights (including all similar or equivalent rights or forms of protection in any part of the world) in or relating to the Project.
3 The Company’s obligations
3.1 The Company will use its reasonable care and skill in the delivery to the Client of the Project as per the Contract and any other requirements identified overleaf.
3.2 The Company makes no guarantee that the Client or any member of the Client’s Company will successfully complete the Project and gain and relevant qualification or accreditation.
3.3 The Company makes not guarantee that the Client or any Member of the Client’s Company will obtain employment of any nature if a Project is successfully completed.
3.4 Your course may involve an element of physical exercise, physical contact, striking, grappling or the use of training weapons including blunt knives, padded sticks/batons, imitation firearms, paintball guns and air soft weapons, pyrothecnics or loud devices. If for any reason this element of the training cannot be provided, the Company reserves the following rights
3.4.1 To substitute any other relevant training with the weapons training
3.4.2 To Charge the full amount of the Cost regardless of whether the weapons training has taken place, subject to the Company making reasonable endeavours to substitute other relevant training as stated in 3.4.1 above.
3.4.3 Unless explicitly stated, neither accommodation or food is included in our prices. Where Accommodation is advertised as part of the Project, the Company will make reasonable endeavours to accommodate that Client in the advertised Accommodation. If for any reason this is not possible the Company reserves the right to Accommodate the Client any alternative Accommodation as deemed suitable by the Company.
4.1 In return for the Company’s delivery of the Project the Client shall pay the Cost in accordance with the payment schedule set out overleaf. Without prejudice to any other right or remedy that it may have, if the Client fails to pay the Company on the due date, the Company may charge the Client interest at 8% per year above the base rate of Lloyds TSB from time to time accruing daily and compounded annually on every invoice overdue for payment calculated from the date of the invoice until the date of payment whether before or after judgment, and may suspend all of its obligations hereunder until payment has been made in full. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
4.2 The Company reserves the right to require the Client to pay the total Cost up front before the Company commences any work. If a final Cost has not been agreed at the time of concluding the Contract, the Company will require the Client to pay a percentage of the estimated total Cost in advance to cover the Company’s time attending meetings and/or producing Project in advance of a final sign-off by the Client of the budget.
5 Contract, Project and changes
5.1 The Client warrants that the Contract is accurate in all respects. As the Cost and any pre-set dates for supply of the Project will be agreed on the basis of the Contract, any changes to it after the conclusion of the Contract, whether resulting from alterations by the Client, delay in providing the Company with materials, information, instructions or authorisations to the Company by the Client, or any other circumstances beyond the Company’s control, will be subject to extra charges for the Company’s time and work and may involve delays in supply. The Client will pay these extra charges and reimburse the Company for any third party charges or expenses incurred by the Company on the basis of the original Contract.
5.2 The Company in its sole discretion may at anytime alter the content of the Project as advertised, subject to any Mandatory Requirements of the Project being met by the Project content.
5.3 The Client warrants that the Client or any servant, agent or employee thereof meets the pre-requisits of the Project as set out in the literature provided by the Company prior to attending the Project.
5.4 No Refund shall be given to the Client where failure to achieve any relevant qualification is caused by the Client’s failure to meet any pre- requisites of the Project.
6.1 Unless otherwise agreed in writing the Company will arrange and oversee all production of all resources related to the Project, except the venue where agreed. Should it be agreed that the Client arranges any resources itself, then in that regard the Company shall not be responsible for the booking, supervision or quality control of any relevant facilities, nor will it be responsible for payment of any related charges. 6.2 The Company shall not be responsible for the quality and suitability of the venue where the Client has organised it.
7.1 In so far as delivering the Project as per the Contract involves use of third party material, the Company will secure such licence as is necessary to allow the required use of the same.
7.2 Subject to the above and to the rights of any third party, ownership of the Rights shall remain vested in the Company unless and until any assignment or other disposition of the Rights is agreed between the parties in writing.
7.3 For the avoidance of doubt, where the Company makes any presentation to the Client going beyond the Contract, the Client shall have no right to make use of any material contained in such presentation unless and until a separate contract is concluded between the parties.
8.1 General out-of-pocket expenses incurred in supplying the Project, such as courier charges, travelling and hotel expenses, will be charged by the Company at cost and the Client shall pay the relevant invoices within 28 days of the date of the invoice Where expenses are likely to be significant, the Company reserves the right to require the Client to pay the full amount of the expected expense in advance.
8.2 Where extra expences are incurred, either as a result of alterations to the original Contract or otherwise at the Client’s request, the Client shall pay such expenses by way of settlement of the relevant invoices within 28 days of the date of the relevant invoice.
9 Cancellation or Non-attendance
9.1 The Company has a strict Cancellation/Non –attendance policy, which shall not be varied unless expressly agreed in writing and signed by or on behalf of both parties.
9.2 All Paid Deposits are non-refundable
9.3 The Cost will not be repaid either partially or in full (less deposit) unless the Client serves on the Company written notice of non-attendance. In the event that written notice is served the Company will refund the Cost (less the deposit) on the following basis;
9.3.1 Notice received 8 or more weeks before the Project is delivered – 75% of Cost (less deposit) is refunded, or transferred to a future project at the discretion of the Company; Less any course registration fees where appropriate. There will be an administration charge of 25% of the Cost.
9.3.2 Notice received less than 5 weeks before the Project is delivered – 50% Cost (less deposit) is refunded, or transferred on to a future project at the discretion of the Company: Less any course registration fees/expences where appropriate. There will be an administration charge of 50% course cost
9.3.3 Notice received 3 weeks or less than before the Project is delivered – No refund but we may at our discretion transfer the fee to a future Project. However there will be an additional administration charge of 25% of the Cost.
9.3.4 Written notice can be sent to: Paul Grey, British Krav Maga Association. North View Drive. Banwell, Somerset, Bs29 6as or email to BritishKravMaga@gmail.com
9.3.5 Please note, Phone calls or phone text is not an acceptable method of cancellation.
10 Behaviour during delivery of the Project
10.1 If the Client or any servant, agent or employee thereof behaves in a manner that is deemed to be unacceptable or disruptive that person may be asked to leave venue in which the Project is being delivered for the remainder of the Project. 10.2 If the Client or any servant, agent or employee thereof behaves is deemed to have failed a mandatory part of the Project, that person may be asked to leave venue in which the Project is being delivered for the remainder of the Project.
10.3 No refunds will be made in circumstances stated in 10.1 or 10.2 above.
11.1 Nothing in these terms and conditions shall exclude or restrict the Company’s liability for death or personal injury resulting from its negligence, liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law. Subject to this:
11.2 the Company’s total liability to the Client in contract law or in tort or otherwise howsoever arising in relation to this Contract is limited to the Company’s charges for the
11.3 the Company shall not be liable in any way in respect of any failure, delay or defect in the supply or use of the Project caused by the supply or specification by the Client of unsuitable material or content or by the reproduction of the Project by a third party; and 11.4 the Company will not be liable to the Client for economic loss including loss of profits, business, contracts, revenues, goodwill, production and anticipated savings of any description howsoever caused and even if foreseeable by the Company.
11.5 All warranties, conditions and other terms implied by statute, common law or otherwise are hereby excluded from the Contract to the fullest extent permitted by law.
12 Company’s status
12.1 The Company acts in this Contract as a principal and not as agent for the Client and will enter into all related contracts as principal.
13 Sub-contracting and assignment
13.1 The Company may sub-contract any or all of its rights or obligations under this Contract and may with the Client’s consent, such consent not to be unreasonably withheld or delayed, assign the benefit and burden of its rights and obligations under this Contract to any other entity.
14 Confidential information
14.1 Neither party shall divulge any confidential information which is supplied to it about the other party in the course of this Contract or any pre-Contract discussions, other than information forming part of the public domain otherwise than through a breach of this clause or any other obligation of confidence.
15.1 The Company may by notice in writing/email to the other terminate this Contract forthwith upon the happening of one or more of the following events:
15.2 if the Client shall fail to make any payment due under this Contract within 7 days after the due date, or to remedy any other breach within 30 days after being required to do so in writing; or
15.3 if the Client becomes insolvent, convenes a meeting with its creditors, has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets or ceases or threatens to cease carrying on its business.
15.4 Such termination shall be without prejudice to the parties’ accrued rights and liabilities, for example, the Company’s entitlement to payment for work done.
16 Matters beyond the Company’s reasonable control
16.1 The Company is not liable for any breach of this Contract caused by matters beyond its reasonable control including acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving the Company’s employees), weather of exceptional severity, unavoidable hardware or software failures, or acts of local or central government or other authorities.
17 Entire agreement
17.1 This Contract is the entire agreement between the parties on the subject matter contained herein and supersedes all representations, communications and prior agreements between the parties in that regard. 17.2 Each party acknowledges that it has entered into this Contract in reliance only on the representations, warranties, promises and terms contained or expressly referred to in this Contract and, save as expressly set out in these terms and conditions, neither party shall have any liability in respect of any other representation, warranty or promise unless it was made fraudulently.
18 Third party rights
18.1 Unless expressly provided in this Contract, no term of this Contract is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
19 Service of notices
19.1 Any written notice required by this Contract should be sent to the address of the intended recipient shown overleaf. Notices can be sent by hand, or by post.
20 Governing law and jurisdiction
20.1 This Contract and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with English law and each of the parties irrevocably submits to the non-exclusive jurisdiction of the courts of England and Wales.
21 Pricing and payment schedule
21.1The company shall require a deposit for each person to book a course.
21.2 The company requires the balance of payment for the course to be made no later than 30 days before commencement of the course.
21.3 Failure to pay the balance of the payment as per 21.2 may result in the loss of deposit and place on the course at the discretion of the company.
21.4 All courses must be paid in full prior to the commencement date.
22. Assessment and awarding of qualifications
22.1 All courses are assessed and awarded based on candidates performance.. Candidates are required to meet assessed standards in accordance with the course criteria.
22.2 The Company does not Guarantee candidates a pass on any courses undertaken.
22.3 It is the clients responsibility to be fit for task. Krav Maga is a high intensity activity, Instructor courses in particular require a high level of physical fitness to pass.
23. Goods and merchandise.
23.1 Customers are required to notify us within three working days of any shortages or damages to their deliveries. Any notification’s after this time cannot be dealt with as insufficient time will be afforded to us to investigate the claim. Any customer requesting goods to be left safe are accepting full liability and cost of goods and no claim can be brought for missing or partially delivered items.
23.2 Where parcels are delivered by courier, if the outer packaging is visibly damaged, the customer is requested to sign for the goods stating that the parcel was damaged. This will not affect customers statutory rights to a reasonable opportunity to examine the goods contained. If the customer notices damage upon delivery, they should where possible, write this on the delivery sheet.
23.3 Designs and colour schemes may vary due to the manufacture and/or dye process of some items from time to time.
Refusal of goods at the time of delivery will result in full postal charges being incurred by the customer. This includes sending back to source, except where the 7 day cooling off period is applicable.
23.4 Debt collecting agencies or court charges will be passed to the customer.
23.5 Investigation of missing or delayed parcels will be pursued through normal channels before compensation is considered. We aim to resolve postal issues as soon as possible.
23.6 Where an item is to be returned where the customer is not at fault, postage reimbursement is limited to £10.00 in respect of the returned parcel, however please contact us to arrange a suitable solution first.
23.7 Credit notes and gift vouchers have an expiry date of 365 days after the date of issue.
Under the Sale of Goods Act 1979, we will always offer a refund, exchange, credit note or repair service where goods are not of satisfactory quality, fit for their purpose or have been misdescribed (Up to 6 months).
23.8 Cash refunds are discretionary dependent on retail or wholesale status and dependent on circumstance of each case.
Goods are subject to availability. We reserve the right to alter specifications and/or products without notification.
23.9 Cheques are not accepted.
23.10 An administration charge will be applicable (minimum of £10) at the discretion of the company where necessary e.g. account information for insurance purposes, tax, solicitor etc (not inc. p&p)
23.11 The title in all goods will remain the property of the Company until such time as payment is received in full.
23.12 Prices are subject to alteration without prior notice, however customers will be informed of any changes to product prices, before they are charged. If in the event the customer is dissatisfied with the price, the customer has the right to cancel.
23.13 The customer has no right to exchange or refund in respect of Books unless defective, not fit for its purpose or not as described. Any exchange will be for an identical title to be negotiated with the customer.
23.14 Videos, DVD’s or CD’s cannot be returned when unsealed by the customer.
23.15 No custom or special item will be accepted for refunds or exchanges unless faulty.
23. 16 Back ordered goods will be despatched as soon as possible and will not incur additional postal charges. Unless otherwise states back ordered items will be dispatched by Royal Mail.
24 Cooling off period and returns
24.1 The retail customer will be entitled to a cooling off period of 7 working days after having received the goods or at any time prior to receiving goods, the cancellation should be notified in writing (includes fax or email). Cancellation does not apply to DVD’s CD’s audio or video tapes which the customer has unsealed. The cost of returning the product unless faulty, defective or not fit for its purpose will be at the customer’s expense.
24.2 Please note that courier charges may be applicable where customers require goods to be re-directed to an alternate address or where a further delivery attempt has to be made by the courier when the customer has been unavailable to accept the goods.
24.3 Customers should be aware that we do not operate on a sale or return basis. This does not affect your statutory rights.
24.4 Returns cannot be processed on a weekend, however will be carried out within a reasonable time without causing significant inconvenience. If you wish to return a product, please view our returns policy.
24.4 If a card has been left at a delivery premises, failure to act upon the card will result in a re-delivery charge (where applicable).
Please consult our website for full item descriptions. The Company will not be held responsible for goods incorrectly ordered. All prices are inclusive of VAT where applicable unless stated otherwise.
24.4 For hygiene reason we cannot accept the return of any groin guards worn clothing or gum shields unless the item is defective. This does not affect your statutory rights.
25 Force Majeure
25.1 Where, in spite of its reasonable efforts, the Company is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the customer.
25.2 When choosing any Royal Mail delivery options, please make sure you have read and agreed to their terms and conditions concerning delivery promises and insurance allowances. Visit the Royal Mail website for more information.
25.3 The customer will be responsible for any local taxes that are enforced in that country. The Company takes no responsibility for these extra charges. If you are unsure, please contact your local tax office before placing your order.
25. 3 In the event of any alterations needing to be made to an item by the recipient or a third party working on behalf of the recipient (This includes alterations to size, colour or any embroidery work and similar customization) please ensure that the correct item has been received in a satisfactory condition prior to any work being carried out. Failure to do so will prohibit the item in question being accepted for an exchange or a return.