1.2. These Terms will apply to any order in respect of which you have received an order confirmation described in clause 2.2 below (“Contract”). Please read these Terms carefully and make sure that you understand them before ordering any Course from our Website. Please note that before placing an order you will be asked to agree to these Terms.
1.3. If you refuse to accept these Terms, you will not be able to order any Course from our Website.
1.4. We reserve the right to change these Terms from time to time, and shall notify you of such changes if they materially affect your rights. You should print a copy of these Terms for future reference.
2.1. You must place the order for your chosen Course no later than 5.00pm on the day prior to the start of the applicable Course. You may place an order for a Course by completing the order process on the Website. If you have more than one child who you wish to attend a particular Course, you must place one order for each child.
2.2. After you place an order and your payment has been cleared, you will receive an email from us acknowledging that we have received your order. However, this does not mean that your order has been accepted. We will confirm our acceptance of your order by sending an email to you that confirms that the Course you ordered has been accepted (“Order Confirmation”) and a Contract has been formed.
2.3. If we are unable to provide you with a particular Course, for example because that Course is no longer available, we will inform you of this by email and we will not process your order. If you have already paid for the Course, we will contact you to refund you the full amount or provide you with an alternate Course as soon as reasonably possible.
2.4. From time to time we may offer tickets to West Ham United FC matches in connection with orders for Courses. Any such match tickets advertised in connection with Course bookings are subject to availability and date change. Only Contracts for 5 day Courses made before 3.00pm on the last working day of the week before the start of the relevant Course are eligible for such tickets. We do not guarantee the provision or availability of any ticket. Tickets will be allocated on a “first come first served” basis and may be allocated in restricted view and/or uncovered seating. The match selection shall be at our sole discretion. We reserve the right to cancel or revoke any West Ham United FC ticket if you cancel the Contract.
3.1. You have a right to cancel or amend a Contract, for example by changing the date or location of a Course, at any time until 5pm on the working day prior to the commencement of the Course. To cancel or amend a Contract, please contact us by sending an email to email@example.com or call us on 020 7473 7720 to tell us.
3.2. If you cancel a Contract in accordance with clause 3.1 above, we will either offer you a place on similar Course or a full refund of the price you paid for the Course, at our discretion. Your cancellation will be effective from the date you sent us the email or called us.
3.3. If you wish to amend a Contract in accordance with clause 3.1 above we will try to meet your requests by offering you a place on similar Course, subject to availability and at our discretion. If there are no similar courses available we may offer you a refund or credit of the price you paid for the Course.
3.4. Any refund or credit shall be issued less any administration fee and at the discretion of one of our senior managers only and any promise or inference of a refund or credit, given by any other member of our staff or West Ham United FC staff, may not be honoured.
3.5. We reserve the right to cancel a Course due to unforeseen circumstances and events outside of our control, including but not limited to exceptional weather or staff sickness, at any time prior to the commencement of a Course or during a Course. In the event of such cancellation or postponement we may, at our discretion, offer you a refund or credit, part refund, voucher or a place on a similar Course.
3.6. We will process any refund we issue as soon as possible and we will pay you the refund in the same way that you made payment, unless otherwise agreed.
4.1. You shall pay the price of the Course to us on placing your order.
4.2. You can pay using a valid debit card or credit card on the Website. Your card details may be passed to an external payment provider for processing.
4.3. You can pay us with cash on the day of the course by cash at certain venues but such payments may be subject to an additional charge.
4.4. The prices for the Course are as quoted on the Website from time to time, unless there is an error. We will contact you if we discover that there is an error.
4.5. Prices include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. If the rate of VAT changes before you pay we will adjust the VAT accordingly at the time when you made your order.
4.6. Discounts and refunds are not issued via the Website. Please contact one of our senior managers to use a discount by sending an email to firstname.lastname@example.org or calling us on 020 7473 7720.
5.1. You must complete full Consent Information in respect of each child that will attend a Course, which sets out any medical conditions and emergency contact information. Only the child named in the Order and on the Consent Form may attend the Course. We may refuse admittance to the Course if a Consent Form is incomplete or missing.
5.2. In exceptional circumstances, we reserve the right to refuse a child admission to, or eject a child from, any venue and/or Course.
5.3. You must ensure that the child behaves appropriately whilst on the Course. We reserve the right to exclude any child who is aggressive, putting others at danger, bullying, smoking, under the influence of any illegal substance or alcohol.
5.4. You understand that the Course requires a moderate level of fitness and accept that there is a risk of physical injury during the Course as with all sporting activities.
5.5. You and the child should arrive 15 minutes before the scheduled start time on the first day of the Course. You must bring the Order Confirmation email with you.
5.6. You should not allow children to bring items of value (including mobile phones, jewellery and cameras) to the Course.
5.7. You must ensure each child has enough food and refreshments for the duration of their attendance on the Course.
5.8. You shall ensure that all children must wear shin pads and appropriate clothing for football games and prevailing weather conditions and also have suitable clothing with them should the weather change. Shin pads and clothing should be well-fitting, in a suitable state of repair and fit for purpose. You should provide your child with a towel in case of wet weather. Failure to adhere to this clause 5.8 may result in the child not being able to attend that session of the Course.
5.9. You have a right to attend the venue where the Course is being held to supervise your child with the exception of courses run at the FFC Training Ground. You may not film or take photographs of the Course without our prior written consent.
5.10. You, or another authorised adult (as stated in the Consent Form), shall pick up your child at the end of each day. For under 14's and subject to consideration of risk (for example, how far a child has to travel and complexities of travel), a child may only make their own way home if a letter of authority from their parent or guardian who is designated as their emergency contact is shown to and approved by a member of staff at the beginning that day of the Course.
6.1.You hereby confirm that:
6.1.1. you are over 18 years old and have legal capacity to enter into the Contract and are the parent or authorised guardian of the child who will attend the Course;
6.1.2. all information you provide to us, including in respect of your child, is true and accurate;
6.1.3. your child does not have any medical conditions (including pregnancy) which are not disclosed in the Consent Form;
6.1.4. you are responsible for the actions of your child whilst on the Course;
6.1.5. you are responsible for your activities on the Website (financially or otherwise), including any use of your user name and password; and
6.1.6. you will make use of the security devices that we offer on the Website and you will keep any passwords secret.
7.1. We do not exclude or limit in any way our liability for:
7.1.1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
7.1.2. fraud or fraudulent misrepresentation;
7.1.3. breach of the terms implied by sections 2, 3, 4 and 5 of the Supply of Goods and Services Act 1982; and
7.1.4. any other liability that cannot be excluded by law.
7.2. If we fail to comply with these Terms, we are responsible for direct loss or damage you or the child suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
7.3. We only supply the Course for domestic and private use. We have no liability to you or the child for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.4. Subject to clause 7.1 and to the extent permissible by law, we shall not be liable for any loss, damage or injury to you, to any child or to any property belonging to you or any child in relation to any Course, resulting from any cause whatsoever.
9.1. All notices you give us must be sent in writing to West Ham United FC Foundation, West Ham United FC Training Ground or email@example.com. We may give notice to you, including notice of changes to the Course, at either the email or postal address you provide to us in the order process. Notice will be deemed received and properly served immediately when sent by email or three days after the date of posting of any letter.
10.1We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
11.1.If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.1.Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.1. These Terms and your order shall be governed by and interpreted in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.
For any Safeguarding Children concerns or issues, please contact:
West Ham United Football Club Children’s Services Officer
West Ham United FC Training Ground,
off Woolwich Manor Way,
London E6 5NX firstname.lastname@example.org
West Ham United Football Club Foundation (company number 1) registered in England with registered charity number 1234 and registered office at West Ham United FC Training Ground.