Terms and Conditions

TERMS AND CONDITIONS

This page (together with any pages of our site referred to in it) sets out the legal terms and conditions (Conditions) under which we, “Clubbly”, provide an online platform (the Site) for schools, parents/ guardians, and coaches or club leaders to set up and run activity clubs.

By using the Site users agree to comply with and be legally bound by the terms and conditions of these Conditions.

1. INTERPRETATION

1.1  Definitions. In these Conditions, the following definitions apply:

Clubbly: a trading name and division of Kizoot Limited.

Club: an activity or other club whether at a school or otherwise set up via the Site for the provision of specialist coaching or other activity.

Coach: means a person or organisation that provides the coaching and/or club leadership of a Club and who enters into a contract with the party (or parties) who is/are funding or paying for the club (Parents and/or Schools) for the provision of a Club.

Parents: means a parent or guardian or other person that completes a booking form and submits payment with the intention of entering into a contractual relationship with a Coach for the provision of coaching or other services by the Coach, usually but not always to the children of such parent or guardian.

School: means a school that registers their school onto the Site by entering their email address such as to be able to set up and/or confirm a Club via the Site, or makes a direct request to Clubbly to do so in some other way.

Site: means the website operated by Clubbly.

2. INFORMATION ABOUT US

2.1  This website is operated by Clubbly a trading name and division of Kizoot Limited, a company registered in England and Wales under company number 10291742 with our usual place of business at 4 The Mill, Copley Hill Business Park, Cambridge, CB22 3GN. Our VAT number is 323906314.

2.2  Should you wish to contact us about these Conditions please do so via our Site Contact Us page.

3. OUR STATUS AND RESPONSIBILITIES

3.1  We make available an online platform for Schools, Parents and Coaches to help with the set up and operation of Clubs. When a Parent or School signs a child up to a Club through our Site they enter into a contract with the Coach for the supply of services by that Coach or Coaches that will run the Club and not a contract with us.

3.2  Other than as set out below in clause 3.3 we do not assume or accept any responsibility or liability to Schools, Parents or other parties for:

(a) the services provided by Coaches;

(b) the quality of such services; and

(c) the withdrawal, removal or unavailability of a Coach at any time.

3.3  Our duties and responsibilities are limited to:

3.3.1  Where a School

(a) sets up a Club on the Site; and

(b) is responsible for providing and/or paying a Coach directly (for example but not limited to where the Coach is a teacher or volunteer at the school, or where the School contracts with the Coach directly); and

(c) the Club is being provided for free at no cost to Parents

we have no responsibilities or duties whatsoever in respect of that Club.

3.3.2  Where a School

(a) is responsible for providing and/or paying a Coach directly (for example but not limited to where the Coach is a teacher or volunteer at the school, or where the School contracts with the Coach directly); and

(b) a Club must be paid for through the Site or through Clubbly in some other way; then

our duties and responsibilities are limited to facilitating the availability of the Site (subject to clause 8.1).

3.3.3  Where a School

(a) is responsible for providing and/or paying a Coach directly (for example but not limited to where the Coach is a teacher or volunteer at the school, or where the School contracts with the Coach directly); and

(b) a Club is not free of charge to Parents and the Club is not paid for through the Site or through Clubbly in some other way; then

the School agrees to pay a fee equal to 10% + VAT of the total income attributable in respect of each such Club within 30 days of receiving an invoice from Clubbly in respect thereof; and

our duties and responsibilities are limited to facilitating the availability of the Site (subject to clause 8.1).

3.3.4  Where a Coach

(a) sets up a Club on the Site; and

(b) is also responsible for providing and/or paying a coach or club leader directly for delivering the Club (for example but not limited to where the Coach is a coaching organisation, a recreational club or charity, or otherwise); and

(c) the Club is being paid for through the Site;

our duties are limited to facilitating the availability of the Site (subject to clause 8.1) and serving as the payment collection agent for each Coach for the purpose of accepting payments on behalf of Coaches for attendance at Clubs.

3.3.5 Other than as described in clause 3.3.1 and 3.3.2 and 3.3.3 and 3.3.4, where a Club must be paid for through the Site or through Clubbly in some other way and Clubbly are responsible for sourcing the Coach, our duties and responsibilities are limited to:

(a) facilitating the availability of the Site (subject to clause 8.1);

(b) obtaining copies (but not necessarily originals) of documentation to ensure that Coaches meet the Clubbly qualification standards which are:

(i) for individual coaches who are NOT running a Club through an organisation, appropriate criminal records checks (less than 3 years old), identity documents, coaching certificate(s), statement(s) in respect of past history and current household, and reference(s); or

(i) for coaching organisations who retain people to deliver Club(s) on their behalf (whether as employees, contractors or otherwise), appropriate criminal records checks (less than 3 years old) and identity documents, and confirmation that those organisations apply similar or more stringent checks than those carried out by Clubbly;

(c) serving as the payment collection agent for each Coach for the purpose of accepting payments from Parents and/or Schools on behalf of Coaches for attendance at Clubs.

3.4  Our Site and our services are only intended for use by people resident in the United Kingdom and are not available to persons outside the United Kingdom.

4. APPLICATION

4.1 Application by a School

4.1.1  To apply to arrange a Club a School should either search for their school and enter their email address or login to the site and enter the club details and then confirm the club via our Site (School Form).

4.1.2  By completing a School Form the School warrants and represents that it:

(a) has safe and well maintained facilities and premises available and appropriate for the operation of the Club;

(b) has in place insurance required for the operation of the Club at its premises;

(c) will not cancel any Club sessions or make any changes to their date/ time or the facilities without the express consent of the Coach;

(d) will check original documents provided by the Coach that confirm their compliance with the school’s own child protection policies, including checking the Coach’s appropriate criminal records checks (such as a DBS for England and Wales, a Disclosure Scotland PVG for Scotland or AccessNI) and identification documents.

4.1.3  Our acceptance of a School’s application shall be deemed to take place when we open the Club to on-line bookings by Parents (“Open”).

4.1.4  The School shall not, without the prior written consent of Clubbly, engage a Coach other than through Clubbly.

4.2 Application by a Coach

4.2.1  To apply to arrange a Club that does not require approval by a School, Coach enter the club details and then confirm the club via our Site (Coach Form).

4.2.2  By completing a Coach Form the Coach warrants and represents that it:

(a) has safe and well maintained facilities and premises available and appropriate for the operation of the Club;

(b) has in place insurance required for the operation of the Club at the location of the Club;

(c) has appropriate professional indemnity, public liability and employer’s liability (if applicable) insurances at all times while delivering the Club with a minimum of £5m of cover with a reputable insurance company;

(d) takes responsibility and ensures that all people retained by Coach to deliver the Club (whether employees, contractors or otherwise) are safe to work with children and vulnerable groups;

(e) any coaches employed or retained by Coach as applicable have been thoroughly vetted in accordance with the relevant department of education (for England, Scotland, Wales or Northern Ireland as appropriate) statutory and government guidelines at all times, are suitably qualified (including relevant experience), pose no threat to children or vulnerable groups, and agree to indemnify us in full for any breach of this clause.

4.2.3  Our acceptance of a Coach’s application shall be deemed to take place when we open the Club to on-line bookings by Parents (“Open”).

5. BOOKING BY PARENTS AND/OR SCHOOLS

5.1  Once a Club is Open Parents and/or Schools can book and pay for their child to attend the Club.

5.2  Schools and Coaches reserve the right in their absolute discretion to:

(a) not allow a child to attend a Club where they arrive late;

(b) remove a child from the Club and not allow future attendance where the Coach reasonably deems a child’s behaviour is disruptive, rude, abusive or otherwise inappropriate; and

(c) not allow a child to attend future sessions of a Club where parental collection is late.

5.3  As stated above, Clubbly act as an online platform to facilitate the set up and operation of Clubs. When a Parent or School books a child to attend a Club the Parent and/or School enters into a contract with the Coach (and/or School as appropriate) nominated to operate the Club and we are not a party to that contractual relationship. By using the Site, Parents and/or Schools agree that any legal remedy or liability that they seek to obtain for actions or omissions of the Coach and/or the School (as appropriate) will be limited to a claim against those parties only and Parents and Schools agree not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions.

6. COACHES’ DUTIES AND RESPONSIBILITIES

6.1  By agreeing to operate as the Coach to a Club, the Coach warrants, represents and undertakes to Parents and/or Schools:

(a) that he or she will comply with these Conditions;

(b) to use all reasonable skill and care to run the Club safely and to the highest standards;

(c) that all services provided by the Coach will comply with all relevant legislation and regulations affecting such services;

(d) that he or she holds and will maintain all appropriate licences and registrations;

(e) provide any documentation reasonably required by the School;

(f) that he or she will comply with the School’s child protection policy and any other appropriate policies and procedures in relation to the running of the Club; and

(g) that he or she has, and will at all relevant times maintain appropriate insurance cover (including but not limited to public liability and professional indemnity) and will promptly supply evidence of such cover on request.

6.2  In conjunction with the set up and running of a Club the Coach further agrees to:

(a) act in loco parentis in respect of children who attend a Clubs;

(b) make adequate visual checks that the facilities and any equipment are appropriate for the Club;

(c) conduct an appropriate risk assessment in relation to equipment and facilities;

(d) attend and complete all the sessions relating to the Club unless prevented by accident, injury, illness or other unavoidable personal circumstances;

(e) procure that an alternative coach is available to carry out a session if the Coach is not able to do so (such alternative coach to be named as a backup at the point at which the Coach agrees to take on the Club); and

(f) communicate with Parents and the School as needed on all matters relating to the Club.

6.3  The Coach understands and agrees that Clubbly does not act as the Coach’s agent and that any agreement by the Coach to run a Club is between the Coach and the Parents. Notwithstanding the foregoing, the Coach hereby appoints Clubbly as the payment collection agent of the Coach for the purpose of accepting, on behalf of the Coach, payments from Parents.

6.4  The Coach agrees and acknowledges that he or she is an independent contractor and nothing shall render the Coach an employee, worker, agent or partner of Clubbly or a School and he or she shall not hold himself or herself out as such.

6.5  The Coach shall be fully responsible for and indemnify Clubbly and/or the School against any liability, assessment or claim for:

(a) taxation whatsoever arising from or made in connection with the performance of services by the Coach pursuant to these Conditions; and

(b) any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you or any substitute against the School or Clubbly arising out of or in connection with these Conditions.

7. CANCELLATION

7.1  In addition to any other cancellation rights that we may provide, a Parent may cancel their child’s attendance at a Club within 14 days of booking. If cancellation is within this period and the Club has not commenced prior to cancellation, the Parent will receive a full refund. If cancellation is within this period and the Club in question has commenced, we will still refund the Parent but we will deduct from the refund the value of the sessions delivered by the Coach prior to cancellation. No refunds will be given for any subsequent cancellations after this initial 14 day period. Parent’s statutory rights are not affected.

7.2  It is agreed and acknowledged by the School and the Coach that cancellation and/or changes to the date/time of Club sessions is a last resort.

7.3  If the School wishes to cancel and/or change the date/ time of any individual session of the Club, the School must approach the Coach with as much notice as possible of such cancellation or change. The Coach will do their best to accommodate any changes to the date and/or time of the Club arising out of any cancellation or proposed change to the date/ time (including making available a replacement coach (where possible)) however where:

(a) it is not possible to re-arrange a cancelled session;

(b) it is not possible for the Coach or any replacement coach to run the or individual session on the revised date and/or and this results in a cancellation; or

(c) it is not possible for a child to attend the Club on a revised date/ time and this results in a cancellation by that child’s Parent,

then the School will communicate with Parents with regard to any cancellation or revised date/ time and shall refund Parents in respect of any sessions lost as a result of any such cancellation or change.

7.4  If the Coach wishes to cancel and/or change the date/ time of any individual session of the Club a School is directly involved in organising or approving the Club, the Coach must approach the School with as much notice as possible of such cancellation or change. The Schools will do its best to accommodate any changes to the date and/or time of the Club arising out of any cancellation or proposed change to the date/ time however where:

(a) it is not possible for the session to take place on the revised date/time and this results in a cancellation of that session; or

(b) it is not possible for a child to attend the Club on a revised date/time and this results in a cancellation by that child’s Parent,

then the Coach will communicate with Parents with regard to any cancellation or revised date/ time and, on behalf of the Coach, we will refund Parents in respect of all sessions lost as a result of any such cancellation or change.

7.5  Any other rights regarding cancellation and refunds will be at our sole discretion and no such refunds will be given where a party (other than Clubbly) has breached these Conditions.

7.6  Where a School is directly involved in organising or approving a Club the School shall be entitled at any time, on behalf of Parents, to terminate the Coach’s engagement where it considers (acting reasonably) that the Coach’s performance in respect of a Club is unsatisfactory and it will be the sole responsibility of the School to find a replacement coach.

8. ACCESSING OUR SITE

8.1  Access to our Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

8.2  The information and materials on the Site are not intended to amount to advice on which reliance should be placed by you. As such, we disclaim all liability and responsibility arising from any reliance placed on such information and materials by any visitor to the Site, or by any person who may be informed of any of its content.

8.3  The Site may contain links to third-party websites or resources. Parents and Schools acknowledge and agree that Clubbly is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Clubbly of such websites or resources or the content, products, or services available from such websites or resources.

8.4  We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to verify or update such material.

8.5  We process information about you in accordance with our privacy policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate and complete.

9. INTELLECTUAL PROPERTY RIGHTS

9.1  We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. All such rights are reserved.

9.2  You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us. All such rights are reserved.

10. GENERAL

10.1  We are not liable or responsible for any third party content on the Site. Third party content includes, for example, Coach logos, School logos, comments, blogs and articles posted by any other third parties, Content, the content of advertisements, applications posted by other third parties and content accessed through applications.

10.2  Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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 website. For contractual purposes, 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.

10.3  We may assign this Agreement to any person or organisation as we may reasonably see fit at our sole discretion.

10.4  This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

10.5  Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

2^nd April 2019