These terms and conditions were last updated on 07 July 2020 - Version 2.0
1.0 myMA Members Terms and Conditions of Use
These terms and conditions apply to all orders placed by the customer (referred to as “you” or “your”) with Toukon Martial Arts (“Seller” “us” or “we”), at
Washington Village Hall
Tyne & Wear
(“website”). For the purposes of NEST Payment Processing (as defined below) only, you are contracting with NEST Management Limited, a limited liability company registered in England with its registered office at Unit 3.2 Wilford Business Park, Ruddington Lane, Nottingham NG11 7EP (“NEST”).
Please read these Terms and Conditions carefully before placing any orders on the website. By placing an order, you agree and accept these Terms and Conditions. We may modify these Terms and Conditions occasionally, should you not agree with the Terms and Conditions or are unclear with any aspect please contact us. Our contact details can be found on our website. If your query relates to NEST Payment Processing, please contact NEST on firstname.lastname@example.org. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
2.0 Customer Use
You should always check the contact information you provide is correct before creating a customer account or proceeding to payment.
You confirm that by accessing the services on this website that you are over the age of 16 or, that you are a parent or guardian responsible for the supervision of those accessing the services who are under the age of 16 (minors). You confirm that you are solely responsible for your health and safety during your access of the services, and where you are a parent or guardian responsible for the supervision of minors during access of the services, you hold sole responsibility for ensuring the health and safety of such minors during access to the services. You, and any minor for whom you are responsible ,access the services at your own risk and you understand that they may be physically strenuous, and you voluntarily participate in them with full knowledge that there is risk of personal injury. You also understand that any instructors providing the services may not be able to see or guide your participation in the services.
You take full responsibility for my actions and the actions of any minors for whom you are responsible during access to the services. To the fullest extent permitted by law, we shall not be liable in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you or any minor in your care, except in the case of death or personal injury caused by our negligence or fraud.
3.0 Account Integrity
As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate and not misleading. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party or vulgar, obscene or in any other way inappropriate. You are responsible for maintaining your own username and password via our website. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
You are responsible for your customer account and any actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
4.0 Product availability & pricing
We make every effort to display accurate product availability and pricing on the website. However, if an error in the pricing of a product or service is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).
Please note that all orders are subject to availability. Should the goods you order not be in stock we will dispatch your item as soon as we are able to source the required item. In the event that we are unable to source the item you have order within a reasonable period of time we will contact you and offer you a full refund.
We reserve the right to alter all product and service pricing without notice.
5.0 Completing an order
When you place an order, you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase a product or service. Your offer is only accepted by us once we have emailed you to confirm the creation of your account and your username & password details and the product or service has been provided to you.
Product or service items not included within your account email are not included in the order and contract between you and us.
We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
Payment for goods is made online via Worldpay using MasterCard, VISA and Maestro.
Payment for your order is taken at the time your order is placed. The currency used is in British Pounds (£/GBP). VAT is included in all our prices.
If you are placing an order using a card which is not denominated in British pounds (£/GBP) your card issuer will calculate the applicable exchange rate to process the transaction. We and/or NEST are not responsible for any exchange rates.
You are required to provide payment details that are valid and correct and you confirm that you are the person referred to in the billing information provided.
Payments are collected by NEST on the Seller’s behalf during the checkout procedure and NEST undertakes to pass your payment onto the Seller on your behalf. Refer to NEST Payment Processing below for further details.
7.0 Cancellation Rights & Refunds
Where your access grants you immediate access to any downloadable, electronic or “softcopy” goods or other electronic services of immediate value you will be required to tick the box at the checkout waiving your right to a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
In the case of a defective service we reserve the right to offer a free period of service or issue a partial or full refund at our sole discretion.
Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.
Once a refund is issued your access will be terminated. Any content or data in your account will be deleted.
You will be notified by NEST via e-mail once your return has been processed.
In the event that we fail to respond to a request for a refund either by refunding or denying the refund request, NEST may execute the refund on our behalf (please refer to NEST Payment Processing below).
We grant you a licence to access the content, information and services contained within our website for consumer use only.
This licence allows you to download and cache (using your browser) individual pages from our website.
This licence does not allow you to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
Our website cannot be placed within the frame-set of another website.
Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website.
Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
All copyright in the content, databases, graphics, buttons, icons, logos, layouts and look & feel belong to us and our sub-contractors, unless expressly acknowledged as otherwise.
The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
10.0 The Consumer Rights Act 2015
These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply. Where acting as a consumer your statutory rights are unaffected.
11.0 NEST payment processing
Our card payment services are processed by NEST who act as our limited agent for the purposes of using third party payment service providers to collect payments for goods made online and pass those payments onto us. NEST Payment Processing allows us to (a) accept payment by authorised credit and debit card transactions, (b) have those funds credited to our payment account with NEST, and (c) have those funds deposited into our designated bank account.
We agree that any payment made by you to NEST will be considered the same as a payment made by you directly to us, and we will sell the ordered goods to you as if we had directly received the payment from you, regardless of whether we have received the payment from NEST.
In the event that we fail to honour a refund that you believe is due under our refund policy (as set out above in these terms and conditions), you may request that NEST initiate a refund by contacting NEST on email@example.com. NEST will review the facts and circumstances and determine whether or not a refund is due in accordance with our refund policy. NEST will endeavour to complete its review within 30 days of being contacted by you. All determinations by NEST with respect to refunds shall be final on both you and the Us.
12.0 How we may use your personal information
By agreeing to these Terms and Conditions, you acknowledge that you have read our and NEST’s respective Privacy Policies and Cookie Statements.
13.0 Governing Law
These Terms and Conditions and any dispute or claim arising about of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.