TERMS & CONDITIONS
(1) Introduction
These Terms and Conditions apply to the use of the Website (defined below) and by registering as a User (defined below) of the Website and/or making a Purchase (defined below), you agree to be bound by these Terms and Conditions. Our Privacy Policy (insert link) forms part of these Terms and Conditions. You must read the Privacy Policy. If you do not agree to be bound by these Terms and Conditions, you may not use or access the Website or make a Purchase.
(2) Interpretation
In these Terms and Conditions, the following words shall have the meaning set opposite
| "Account" | means your account with us through which you gain access to the Services; |
| "Goods" | means training equipment, coaching manuals and sports clothing available for sale on the Website; |
| "Intellectual Property" | means patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, trade names, domain names, rights to goodwill, rights in designs, rights in computer software (including source code and object code), database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and similar or equivalent rights which subsist or will subsist now or in the future in any part of the world; |
| "IP Addresses" | means the IP addresses you have notified to us in your Order (the number of which will depend on the Subscription package) through which you are able to gain access to the Services. |
| "Order" | means an order submitted by you via the Website to make a Purchase; |
| "Personal Information" | means information about you provided by you on registering with the Website or subsequently provided by you via the Website; |
| "Purchase(s)" | means the purchase of Goods and/or a purchase of a Subscription directly from the Website; |
| "Subscription" | means an individual or Pro-Club subscription package to use the Services as described on the Website; |
| "Services" | means the provision of BOX PDE system (videos, coaching cards, session planner & session management sysetm as detailed on the Website; |
| "Users" | means a registered user of the Website; |
| "We, Us or Our" | means InnovateFC Limited, a company incorporated in Scotland under the Companies Acts (Registered Number: SC352792) and having its registered office at Whitehall House, 33 Yeaman Shore, Dundee, DD1 4BJ t/a Box Soccer Training; |
| "Website" | means the website located at www.boxsoccertraining.com / www.boxsoccertraining.co.uk or any subsequent URL which may replace it. |
(3) Registration
3.1 You are provided with access to the Website in accordance with these Terms and Conditions and any Purchase made by you must be made in accordance with these Terms and Conditions.
3.2 To make a Purchase you are obliged to register on the Website and provide certain Personal Information to us. Failure to register on the Website means you will be unable to make a Purchase on the Website.
3.3 You shall ensure that any Personal Information which you provide when you register with the Website is true, accurate, current and complete in all respects.
3.4 You will notify us immediately of any changes to any Personal Information supplied to us.
3.5 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when registering with or using the Website.
3.6 Once registration with the Website is complete, you will be given a password which we require you to keep confidential. The password should be used by you to access the Website and make Purchases. You should not allow any third party to become aware of your password and/or allow unauthorised access to your Account. You are obliged to inform Us immediately by post or email to support@boxsoccertraining.com if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner.
(4) Order Process
4.1 The advertising of Goods and Services on our Website constitutes an "invitation to treat" and your Order constitutes a contractual offer. No contract will come into force between you and Us unless and until We accept your Order in accordance with the procedure detailed below.
4.2 In order to purchase Goods, you will need to take the following steps: "(i) you must add any Goods you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are not a registered User, you must then create an Account with us in accordance with Clause 3, and log in; if you are a registered User, you must enter your login details where indicated on the Website; (iii) once you are logged in, you must select your preferred method of delivery and confirm your Order and your consent to these Terms and Conditions; (iv) you will be transferred to the Protex website, and Protex will handle your payment; (v) We will then send you an initial acknowledgment; and (vi) once We have checked whether we are able to meet your Order, We will either send you an Order confirmation (at which point your Order will become a binding contract) ("Contract") or we will confirm by email that we are unable to meet your order.
4.3 In order to enter into a contract to purchase a Subscription from Us, you will need to take the following steps: (i) you must click on "subscribe" on the Website; (ii) if you are not a registered user, you must then create an Account with us and log in; if you are a registered User, you must enter your login details; (iii) once you are logged in, you must choose a type of Subscription from those advertised as available on the Website; (iv) you must then confirm your Order and your consent to these Terms and Conditions; (v) you will then be transferred to the Protex website and Protex will handle your payment; (vi) We will then send you a confirmatory email confirming whether or not your payment has been accepted and the activation date of your Subscription ("Activation Date") at which point your Order will become a binding contract ("Contract").
4.4 Once the Activation Date has been confirmed to you, you will be able to access the Subscription via the Website from the IP Addresses for 12 months from the Activation Date ("the Period"), unless these Terms and Conditions is earlier terminated in accordance with Clause 10.5 of these Terms and Conditions. For the avoidance of doubt, you will only be able to access the Subscription from computers within the IP Addresses.
4.5 In providing you with a Subscription, we grant you a non-exclusive, non-transferable licence to use the Services within a personal and commercial context for the period. For the avoidance of doubt, you are not permitted to sub-licence or commercially exploit the Services or any information contained in the Website. Where you have purchased a Pro Club Subscription, you are permitted to grant further sub-licences to employees to use the Services via the IP Addresses for use within a personal and commercial context.
4.6 We will contact you one month prior to the expiry of the Period and ask whether you wish to renew your Subscription. Guidance will be provided as to how you can renew your Subscription. If you do not renew your Subscription, you will not be able to access the Services after the Period.
4.7 We will not file a copy of these Terms and Conditions specifically in relation to your Order. We may update the version of these Terms and Conditions on the Website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these Terms and Conditions for your records.
4.8 The only language in which we provide these terms of sale is English.
4.9 Before you place your Order, you will have the opportunity of identifying whether you have made any input errors by reviewing your details before being prompted to proceed. You may correct those input errors before placing your Order by opting to alter your details as highlighted.
(5) Privacy
We will treat all your Personal Information that we collect in connection with your Order in accordance with the terms of our privacy policy.
(6) Price and payment
6.1 Prices for Goods and Subscriptions are quoted on our Website. The Website contains a large number of Goods and different Subscription packages and it is always possible that some of the prices on the Website may be incorrect. We will verify prices as part of our sale procedures so that the correct purchase price will be stated when you pay for the Goods and/or Services. For the avoidance of doubt, where you Purchase a Subscription, the price payable for such Subscription will be attributable to the first month only with the remaining eleven (11) months being provided to you for free.
6.2 In addition to the price of the Goods, you will have to pay a delivery charge, which will be as stated when you pay for the Goods.
6.3 Payment must be made upon the submission of your Order. We may withhold the Goods and/or Services and/or cancel the contract between us if the price is not received from you in full in cleared funds.
6.4 The prices on the Website include all value added taxes (where applicable).
6.5 Payment for all products must be made by any method detailed on the Website from time to time.
6.6 Prices for Goods/Subscriptions are liable to change at any time, but changes will not affect contracts which have come into force.
(7) Your warranties
You warrant to us that:
- (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms and Conditions;
- (b) the information provided in your Order is accurate and complete;
- (c) you will be able to accept delivery of the Goods;
(8) Delivery policy for Goods
8.1 We will arrange for the Goods to be delivered to the address for delivery indicated in your Order.
8.2 We will use reasonable endeavours to deliver Goods on or before the date for delivery set out in our Order confirmation or, if no date is set out in our Order confirmation, within 21 days of the date of our Order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of Goods will be dispatched within 30 days of the later of receipt of payment and the date of our Order confirmation.
8.3 We will only deliver products within the United Kingdom.
(9) Risk and ownership
9.1 The Goods will be at your risk from the time of delivery. Ownership of the Goods will only pass to you upon the later of:
- (a) delivery of the Goods; and
- (b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
9.2 We will be entitled to recover payment for the Goods even where ownership has not passed to you.
(10) "Cooling off" period
10.1 You may cancel a contract to purchase Goods at any time within 7 working days after the day you received the relevant Goods (subject to the limitations set out below).
10.2 If you cancel a contract for the Purchase of Goods, you must inform us in writing and return the Goods to us immediately, in the same condition in which you received them. Goods returned by you in accordance with this section 10.2 will be refunded in full (including the cost of sending the Goods to you). However, you will be responsible for paying the cost of returning the Goods to us.
10.3 If you cancel a contract for the Purchase of Goods as set out in Clause 10.2 and you do not return the Goods to us, we may recover the Goods and charge you for the costs we incur in doing so. Similarly, if you return the Goods at our expense, we may pass that expense on to you.
10.4 For the avoidance of doubt, if you purchase a Subscription you may cancel the Contract, without cause, and receive a full refund of any payment made by you provided that you advise us in writing of said cancellation within seven (7) working days of entering into the Contract with us. However, if you use the Services prior to the expiry of the seven (7) day cancellation period you will not be able to cancel the Contract as detailed in this Clause 10.4.
10.5 We reserve the right to terminate any Contract or registration immediately upon notice to you in the event that you breach these Terms and Conditions.
(11) Statutory rights
Nothing in these Terms and Conditions affects your statutory rights (including your right to receive a refund in respect of any defective Goods we sell to you).
(12) Refunds
If you cancel a Contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your Purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(13) Linking, Unauthorised Access, Hacking etc.
13.1 We have not reviewed any of the sites that we may link to this Website and are not responsible for the content of any linked pages or other sites linked to this Website. We shall have no liability or responsibility arising from the contents of any linked pages or linked sites or for any error, defamation, omission, obscenity or inaccuracy contained in any information therein.
13.2 You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial of service attack or distributed denial of service attack.
13.3 Both parties shall use reasonable endeavours to ensure that when using or operating the services or the Website as applicable, no viruses, Trojan Horses or other codes containing contaminating or destructive properties are introduced or transmitted. However, we shall have no liability in the event that the same are transmitted during the course of using this Website.
(14) Intellectual Property and Right to Use
14.1 You acknowledge and agree that all Intellectual Property Rights in the content supplied as part of this Website shall remain at all times vested in us. You are permitted to use the Services only as expressly authorised by us in these Terms and Conditions.
14.2 You agree not to and shall not assist or facilitate any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of all or any of the information on the Website. You further agree that you shall not and shall not assist or facilitate any third party to, systematically extract and/or re-utilise parts of the contents of the resources and in particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. You may not create and/or publish your own database that feature substantial parts of the Website.
14.3 You agree not to use or allow the Services to be used for or by any third party to access or view any information or download any material or content of any information on this Website whether on a paid or gratis basis.
(15) Limitations of liability
15.1 Nothing in these Terms and Conditions will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.
15.2 We reserve the right to withdraw or amend the Website without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of the Website.
15.3 We make no warranty as to the reliability, functionality, timeliness, or usefulness of any of the Services or Website.
15.4 While we use our reasonable endeavours to verify the accuracy or completeness of the Services and the Website, these are provided on an "as is" basis and an "as available" basis without any representation or endorsement made and we make no warranties of any kind whether express or implied in relation to the accuracy or completeness of the Services or their fitness for any particular purpose.
15.5 We expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity to the fullest extent permitted by law.
15.6 We will not be liable to you for any indirect or consequential loss, loss of income or revenue or loss of data howsoever arising.
15.7 Subject to Clause 15.1, our entire and aggregate liability to you shall be limited to an amount equivalent to an aggregate sum of all payments received by us from you in the 12 calendar months prior to the date on which your claim arose.
(16) Customer Service
In the event of a query or complaint about the Website or the services, please email
(17) Compliance with Laws
The Services and the Website may only be used by you for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Services and any transactions conducted on or through the Website.
(18) General terms
18.1 Images of Goods on our Website are for illustrative purposes; actual products may differ from such images.
18.2 Contracts under these Terms and Conditions may only be varied by an instrument in writing signed by both you and Us. We may revise these Terms and Conditions from time-to-time, but such revisions will not affect the terms of any Contracts which We have entered into with you.
18.3 If any provision of these Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
18.4 No waiver of any provision of these Terms and Conditions, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these Terms and Conditions.
18.5 You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these Terms and Conditions. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these Terms and Conditions, at any time – providing such action does not serve to reduce the guarantees benefiting you under these Terms and Conditions.
18.6 These Terms and Conditions and the document referred to herein contain the entire agreement and understanding of the parties in relation to the purchase of Goods and/or Services from our Website, and supersedes all previous agreements and understandings between the parties in relation to the purchase of Goods and/or Services from Our Website; and each party acknowledges that no representations not expressly contained in these Terms and Conditions have been made by or on behalf of the other party in relation to a Purchase of Goods and/or Services from our Website.
18.7 We shall be under no liability to you in respect of anything which may breach this Agreement arising by reason of force majeure or circumstances beyond Our control which shall include, but shall not be limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riots, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority; inability to supply the Services, telecommunications failure, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lockouts.
18.8 We have the right to revise and amend these Terms and Conditions (including price) 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 systems capability.
18.9 These Terms and Conditions will be governed by and construed in accordance with Scots law, and the courts of Scotland will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these Terms and Conditions.
