1. General Rules and Regulations

  1. All users must report in at reception prior to use
  2. Users who appear to be under the influence of alcohol or drugs will not be allowed to enter the facilities
  3. A user whose behaviour is deemed inappropriate by the Centre management will be asked to leave the centre and may be excluded indefinitely
  4. The facilities must not be used for civilian coaching/instruction without prior approval from the centre management
  5. The use of equipment capable of recording still or moving images is prohibited without prior permission from the centre management
  6. Smoking is not permitted in any facility
  7. No dogs (except for assistance dogs) can enter the facilities
  8. Users under the age of 16 are not permitted in the fitness suite unless in a specified session
  9. Appropriate sports clothes must always be worn; outdoor shoes are not permitted on the squash courts or sports hall floor (non-marking soles only)
  10. All users of the fitness suite must agree to the Health Commitment Statement and an induction before using the equipment.
  11. Children under the age of 8 must be accompanied by a parent or responsible adult.
  12. Children under the age of 8 may change in the changing room of their accompanying parent/adult, whether male or female.
  13. Parents/adults may be responsible for up to two children under the age of 8 (swimming only).
  14. Non/weak swimmers are restricted to shallow water areas, unless under direct supervision of a qualified instructor. All non-swimmers should wear approved swimming aids, except in an appropriate teaching situation. (A non-swimmer is someone who cannot swim 25m unaided in a recognised stroke.) Please follow the pool rules as displayed. Those unable to swim 25m unaided and not part of an instructor led session are not permitted
  15. Swimmers/parents are to advise the pool staff on arrival of any illness or disability that may affect them.
  16. Small children must wear aqua nappies whilst in the pool. Children under 6 months are not permitted in the pool.
  17. All participants must shower before entering the pool to remove any grease, dirt or chemicals. Wearing a swim hat will help to protect your hair and reduce water pollution.
  18. Due to high demand for facilities at certain times, we cannot guarantee access to all facilities immediately.
  19. Any accident, injury or damage must be reported to the Duty Manager immediately.
  20. You must only park in the designated parking places and only cars displaying disabled badges may park in the disabled parking bays.
  21. Set up and down of equipment will be undertaken during your hire time.
  22. No equipment can be stored onsite without the written consent from the centre.
  23. Lockers are provided for the security of your belongings. Please use them, do not bring kit bags, coats and other items into activity areas or leave them unattended. Lockers operate on a coin returnable basis.
  24. Any articles we find, including items left in lockers at the end of the day will be removed.
  25. We are required to keep most items of found clothing/equipment etc for four weeks. We do not keep items of underwear, hairbrushes and combs etc. for hygiene reasons.
  26. We may revise our terms and conditions from time to time, for example to reflect changes in relevant laws or regulatory requirements or improvements we make to services or facilities

Covid-19 Safe information can be found here

2. Membership

The ‘Centre’ is any club managed by either Aspire Defence Services Limited or any of their subsidiary or associate companies (‘the Company’). The managed centre premises are located at Rawlinson Road, North Camp, Aldershot, Hampshire GU11 2LQ or such other premises as the company shall provide.

 

The Company shall through its duly authorised representatives manage and operate the Centre and deal with all matters in relation to it.

Aspire Defence Services Limited, registered in England and Wales No 4556471, Registered Office: Aspire Business Centre, Ordnance Road, Tidworth, Wiltshire SP9 7QD

 

  1. The decision to accept the application to a potential member shall be at the sole discretion of the Company. The Company reserves the right to verify , or require proof of all information given in order to obtain membership and any fraudulent or wrongful information given in order to obtain such membership could result in the cancellation of all membership rights and lead to the repayment of all monies due to the Company. If the membership application is accepted by the Company, membership of the Centre by the applicant shall commence upon the receipt of the start-up fee, admin fee and upon the date of this agreement. Upon acceptance of the member by the Centre, a membership card remains the property of the Company and entitles the holder to all the rights and privileges exercisable by the category of membership of the holder
  2. The acceptance by the Company of an application for membership of the Centre shall constitute a legally binding agreement between the member and the Company. The member hereby agrees also to be bound by the rules, bylaws and regulations of the Centre which are in force at the time
  3. Membership cards are issued to all current members and must be shown at Centre reception to gain entry every time a visit is made to the Centre. Membership cards may only be used by the registered member and any fraudulent use of the membership card by the member will result in cancellation of that membership with no refund being made by the Company. Lost or damaged membership cards will be subject to a replacement charge being made by the Company

LIMITATION OF LIABILITY

  1. The member acknowledges that the Company`s obligations and liabilities in respect of the Centre are exhaustively defined in this agreement
  2. The member is responsible for consequences of any of the use of the facilities of the Centre. The Company will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract, tort (including negligence) or otherwise
  3. The Company accepts the liability to the extent that it results from the negligence of the Company and its employees for death or personal injury without limit
  4. The Company may revise the term and conditions from time to time, for example to reflect changes in relevant laws or regulatory requirements or improvements the Company makes to related services.

PHYSICAL HEALTH OF MEMBER

  1. The member warrants and represents that they are in good health and are not knowingly incapable of engaging in either active or passive exercise. The member further warrants that such exercise would not be detrimental to their health, safety, comfort well-being or physical condition
  2. Before using any Centre`s Fitness Room facilities the member must be issued a " Health Commitment Statement" and complete an induction

ASSIGNMENT

  1. The Company may assign the benefit of these terms and conditions of membership to a third party on similar terms and conditions without notice being served upon the member to that effect

MEMBERSHIP TYPE

  1. Membership shall be Select membership or other type of membership. The categories of membership are Single, Joint, Family, Junior, Corporate and Other. All categories of membership shall be subject to these Terms and Conditions of Membership and to the rules, bylaws and regulations of the Centre which are in force at the time
  2. All Head members shall be at least 16 years of age
  3. Joint and Family memberships are available on condition that payment is made from one bank account. A Family Membership would be available to two adults and their children under the age of sixteen years residing at the same address
  4. Other categories of membership shall be stipulated from the company from time to time
  5. In case of Joint, Family or Corporate Memberships signature of this agreement by one member shall constitute acceptance of these Terms and Conditions by all persons included in such membership and reference in these Terms and Conditions to "member" shall include all such persons
  6. It is a requirement that all such members that they produce upon application one form of ID - either passport, driving license or birth certificate and one form of address identification either recent utility bill, council bill or mobile phone contract bill. Junior members only require ID

MEMBERSHIP FEES AND CHARGES

  1. All full members shall pay an initial start-up fee for the sum specified which shall become payable immediately
  2. The member is liable to pay all membership fees irrespective of actual usage of the Centre
  3. All monthly payments shall be paid by Direct Debit and are payable in advance. Pre-Paid Annual memberships will be taken in full upon completion of the application
  4. The Company reserves the right to increase membership fees annually. The member will be given notice of the fees that will apply for the following 12 months at least 30 days prior to the end of each monthly period
  5. A member may at the discretion of the club freeze their membership for a period of one month and a maximum of three months. An administration fee will be payable for each month their membership is frozen, by way of direct debit (if applicable) or as otherwise indicated by the Company. Applications must be received in writing
  6. If any payment whatsoever remains outstanding beyond the due date, the member`s agreement through membership approval shall constitute the members unconditional and irrevocable authority to the Centre to debit the nominated Credit/Debit Card with the total amount due without notice to the member
  7. Lapses in Membership payment may incur a new start-up fee
  8. Members who fail to attend pre-booked activities will receive a strike and if 3 strikes are incurred a booking ban will be placed on the account (see Booking cancelations and Refunds)

MEMBERSHIP CANCELLATION

  1. Membership with the Company (on terms and Conditions of the Company which apply to rolling month to month direct debit memberships, a copy of which has been supplied to the member pursuant to condition and is available to the member without charge on request) unless written notice is received by the Company within 10 days of the joining date, terminating the membership. A member can cancel their membership by giving the Company written notice of any cancellation at least 15 days prior to the next direct debit payment date. It is the responsibility of the member to cancel the direct debit instruction with their bank
  2. The member has the right to cancel this agreement by sending or taking a written notice of cancellation to the Company. You have 10 days starting with the day after you receive this agreement to cancel. If you cancel the Company shall refund in full the start-up fee and first monthly membership instalment. In no other circumstances will fees be refunded by the Company
  3. Membership fees shall not be refunded by the Company where the member chooses not to attend the Centre.

EXPULSION OF MEMBERS OR TERMINATION OF MEMBESHIP BY THE COMPANY

  1. The Company may expel members or may terminate the membership of any member without notice and with immediate effect if the members conduct , whether or not such conduct is the subject of a complaint by another member or group of members, is such that in the reasonable opinion of the Company, it may be injurious to the character, name or interests of the Centre or is such that it renders the member unfit to associate with other members of the Centre
  2. Forthwith and without notice if the member shall have committed any breach of these Terms and Conditions or of the rules, bylaws and regulations of the Centre as in force from time to time
  3. By notice in writing if any part of the annual membership fee or monthly membership charge which is due and payable remains unpaid thirty days after the due date of payment
  4. Upon not less than thirty days’ notice in writing if the Company is of the opinion that the member is not a suitable individual for continuous membership of the centre
  5. A member whose membership is terminated by the Company shall forfeit all the privileges of membership with immediate effect without an entitlement to any claim for any refund of their annual membership fee. On termination of their membership, the member shall return forthwith their membership card.

 CENTRE FACILITIES

  1. Certain Categories of memberships do not include all the Centre`s services and facilities. Services and facilities not so included, may be provided at an additional charge at the company’s discretion.
  2. The company reserves the right to make reasonable alterations to the type of facilities provided without notice and the company shall not be liable for any inconvenience caused by building works and for the provision of essential maintenance services.
  3. Services and equipment available at each venue facility vary. You must check with Us for details before making a booking. Notice of the required equipment, facilities and services must be requested at the time of the booking. Availability cannot be guaranteed for later bookings. Additional charges for extra equipment, services and facilities may apply.

HOURS OF OPENING

  1. The Centre`s normal hours of operation and the hours in which any facilities within the Centre are available to members are available from the company upon request or as displayed on the website, such hours may be lengthened or shortened at the absolute discretion of the company with or without any prior notice given to members. The Company shall endeavor to give members reasonable notice of change to such hours.

On occasions when necessary maintenance is required, the Centre may be closed, for which members will be given fourteen days prior notice of any such closure will only be made at the sole discretion of the Company.

BOOKABLE ACTIVITIES

  1. Your membership may entitle you to book classes or activities which are included in your membership. They are bookable in advance depending on the membership type.
  2. If you are unable to attend such bookings, you must cancel as soon as possible.
  3. If your booking was not included in your membership and paid for, you will be required to contact the centre to cancel and arrange either a refund or change of session.
  4. Activity/classes paid for outside of your membership can not be refunded via the website or app.
  5. When unable to attend a booked class, cancel booking within 4 of session to allow others to book on
  6. Not showing up for a booked class and preventing other members accessing the class will result in a strike being applied
  7. Each occasion a no show is recorded will result in a strike, 3 consecutive strikes against a member will result in a 30 day ban from booking in advance for activities
  8. Waiting Lists will be available on most classes so that when people cancel a class those on a waiting list will receive an automated e-mail with a direct link for them to book into the class. In order to ensure places are not held for too long, places on waiting lists will only be held until 4 hours before the class start time, after which time the waiting list will be cleared and any member can book on if there are spaces available in the class (this will be done on a first come first serve basis).
  9. For classes you must arrive a minimum of 5 minutes before the session, ready to begin. Failure to do so may result in you not being accepting into the class once started. No refund will be given in this circumstance and a strike may be allocated against you

3. Facility Hire

By making a booking you agree to the following terms and conditions:

References to ‘You’ and’ Your’ will be deemed to be the hirer both jointly and severally, any employees, servants or agents.

References to ‘We’, ‘Us’ and ‘Our’ will be deemed to be the MoD, any employees, servants or agents.

The ‘Premises’ means the facilities You are hiring.

The ‘Hire’ means the temporary use or non-exclusive occupation of a facility.

Applications must be made on the appropriate form, at least 28 days before the date requested. We have the right to refuse any application.

General

  1. The Hire in not a tenancy and does not confer on You the right to exclude any person acting for Us.
  2. This agreement is personal to You and may not be used by anyone else.
  3. We accept no liability for damage of property or articles belonging to You.
  4. We make no warranties as to the suitability or condition of the Premises or if the Premises have the appropriate permissions or approvals for Your event.
  5. Your booking is only confirmed when you receive written confirmation from Us
  6. Acceptance of Your booking does not guarantee further bookings with Us

You will

  1. only use the land for the purpose stated in the booking
  2. maintain public liability insurance for Your use with the minimum cover of £5m
  3. indemnify Us against all losses and claims arising from Your use of the land/facility
  4. obtain suitable licences and approvals as necessary from the relevant authorities before the event
  5. access the land/facility safely; as agreed by Us
  6. not obstruct any access ways, highways, footpaths or verges or encroach onto other parts of the estate
  7. be responsible for any damage caused during Your occupation. You will be responsible for any rectification work as agreed by Us
  8. leave the Premises tidy, removing anything You brought onto the Premises including any rubbish. If We have to tidy up after You, You will pay Our additional costs
  9. make good any alterations to the Premises to a standard which existed before the alterations were made. If We have to make good after You, You will pay Our additional costs
  10. return all equipment in the same condition as it was at the commencement of the hire. You will pay the full cost for any repair or replacement required
  11. not do or allow anything to be done which in Our opinion constitutes a nuisance, danger, annoyance to or in any way interfere with other users, Us, Our servants, agents or the quiet comfort and enjoyment of all other persons rightfully using the Premises or adjoining accommodation
  12. not undermine the published rules for the Premises. We reserve the right to exclude from the Premises anyone breaking rules and/or causing a nuisance
  13. comply with the requirement to make suitable checks on individuals who intend to work with children or vulnerable adults during the hire period, prior to such period and be able to provide evidence of coaching qualifications, Disclosure and Baring Service checks and club affiliation to governing bodies at the point of booking
  14. supply sufficient marshals and staff to ensure the safety of visitors and guests
  15. comply with the risk control measures that form part of the risk assessment for the Premises delivered through Your event plan covering various requirements and controls
  16. obtain proof of adequate insurance for Your event from all your sub-contractors to meet the same insurance requirements described in ii. Above
  17. not encroach onto other parts of Our land or buildings
  18. overload the building or any utility services.

You shall not without Our prior written consent do or permit any of the following

  1. Sell or trade on the premises
  2. bring any electrical equipment onto the Premises
  3. drive pegs or stakes into the ground
  4. advertise or permit advertising on the Premises
  5. take any photographs or make video recordings
  6. play or permit to be played any recorded or live music or sounds
  7. bring any animals on the Premises
  8. alter the Premises or form any holes or chases
  9. hold, or permit to be held any sweepstake, raffle or lottery on the Premises
  10. permit or arrange for sale or consumption of alcohol on the Premises. Our nominated supplier must be approached first
  11. bring catering services onto the Premises without Our nominated supplier being approached first
  12. bring special effects, fireworks or pyrotechnics on the Premises
  13. Sleep on the Premises

FACILITY BOOKING PAYMENTS

  1. The hirer shall be responsible for payment and any other charges to do with the hire.
  2. Full payment must be made prior to the use of any facility. Block bookings will be paid monthly in advance
  3. The hirer shall not assign or sub-let the right to use the facilities and must only use the facility for the agreed purpose.
  4. Invoices must be paid within 30 days of receipt. Failure to do so may result in your booking being cancelled
  5. Bookings made within 30 days of the intended usage date will need to be paid in full at the time of initial booking.
  6. Booking confirmation will only be given once all relevant documents and forms are completed, copies supplied, and payment has been received.
  7. Aspire Defence Services Limited will charge an additional fee for any damage caused (accidental or deliberate) by event/activity attendees and/or participants in order to repair or replace items.
  8. Membership payments are covered in the membership terms and conditions
  9. Bank credits: HSBC Bank PLC, PO Box 125, 8 Canada Square London E14 5xl Sort Code: 401160 Account: 11219561

BOOKING CANCELLATION AND REFUNDS

Cancellation by us

  1. We reserve the right to refuse, cancel or change any booking or event at any time prior to its commencement and to refuse admission to the event or centre
  2. We can add to, change, withdraw or cancel facilities or activities from the centre without notice. This includes closing a facility or making changes to opening hours for safety reasons, maintenance or special events.
  3. In the case of cancellation for your booking, We will refund you the full price or depending on the circumstance, exchange for another session in the same block booked period.
  4. We shall not be responsible for any extra costs incurred as a result of a cancelled or rescheduled event.
  5. There is no entitlement to a refund where We are forced to cancel part or all an event due to reasons beyond our reasonable control. However, refunds may be given at Our discretion.

CANCELLATION BY THE HIRER

  1. You are required to give 24 hours’ notice to Us for any court/activity you cannot attend in which case a full refund will be given
  2. Block booking cancellations require a minimum of 48 hours’ notice to Us. Notification to Us in less than 48 hours will result in You being charged for the full booking.

REFUNDS

  1. No refund of membership fees will be made if a facility or an activity is withdrawn from the centre’s programme.
  2. We will not be liable for any other expenditure incurred or loss sustained by the hirer arising from the cancellation.
  3. Refund requests will be honoured where no less than 14 days’ notice is given for medical reasons with supporting medical evidence. If less than 14 days’ notice is given then discretion may be applied with the value credited to the account for future participation.
  4. No part session refunds/credits are available.
  5. A 10-day money back guarantee is offered to all new members. See membership cancellation
  6. Should you wish to return any retail product, on proof of purchase, we will exchange the item or provide a full refund, provided the item is unwashed, unworn and unused. This will be valid for 28 days from the date of purchase. If any retail product is found to be faulty, on proof of purchase we will exchange the item or provide a full refund. This does not affect your statutory rights.

Sports facility hire VAT exemption rules

The allowance for some sports bookings to be exempt from VAT by the HMRC can save money by not paying VAT if your booking meets all the rules below.

  1. If the sport facilities are let for over 24 hours, the hire charge will be exempt from VAT if it is;
    • Let to the same customer for a consecutive period of over 24 hours; and
    • The customer who has let the facilities has exclusive control of them throughout the letting period

Or

   2.

  • The booking consists of 10 or more lets
  • Each let is in respect of the same activity
  • Each let is carried on at the same place (the condition is still met where a different court or lane is used so long as it is the same place)
  • The interval between each let is between one day and 14 days (24hrs must elapse between the start of each let) the length of the let may be different on different dates. No exception for gaps greater than 14 days if the facility is closed for any reason, such as Christmas.
  • The let payment is made by reference to the whole series of lets and evidenced by written agreement. This must include evidence that payment is to be made in full whether the right to use the facility is exercised. Provision for a refund given by Us in the event of unforeseen non-availability of the facility will not affect this condition.
  • The customer letting the facilities is a school, a club, an association, or an organisation representing affiliated clubs or constituent associations
  • The customer letting the facilities has exclusive use of the facilities during their let

All bookings must be paid for in full before the start of the booking. You cannot change VAT exempt bookings once they have been paid for, so you must make sure the dates and times are right for you.

  1. cancellation by the Hirer of sessions within an exempt series of lets does not invalidate exemption providing all the conditions are still fulfilled, i.e. there are still ten or more sessions remaining after the cancellation and all the other conditions are still met;
  2. in other cases, where cancellation by the Hirer would invalidate an otherwise exempt series of lets, provided the series is still paid for in full with no refund, exemption continues to apply; this is even if the cancelled facility is re-let to other users;
  3. cancellation by Us due to unforeseen circumstances, e.g. bad weather, emergency repairs to the facility or the otherwise unexpected unavailability of the facility, does not invalidate exemption even if a refund is given.

4. Privacy and Data Protection

PRIVACY AND DATA PROTECTION POLICY
Personal Data about you. ADSL will hold this data about you in the Aldershot Garrison Sports Centre Office, in a locked storage location and electronically in the Legend system for the duration of your membership. In some instances this data may be shared with third parties for processing, for example to manage your membership payments. For further information on how your information is used, how we maintain the security of your information, and your rights to access information we hold on you, please contact ADSLDataProtection@aspiredefence.co.uk

5. Website Cookies

This website www.aldershotgarrisonsc.co.uk (“Our Site”) uses Cookies and similar technologies in order to distinguish you from other users. By using Cookies, We are able to provide you with a better experience and to improve Our Site by better understanding how you use it. Please read this Cookie Policy carefully and ensure that you understand it. Your acceptance of Our Cookie Policy is deemed to occur if you continue using Our Site OR when you press the OK button on Our Cookie Pop up OR when you have selected your preferred Cookie options in Our Cookie Pop up and pressed the continue button. If you do not agree to Our Cookie Policy, please stop using Our Site immediately.

 

 

  1. Definitions and Interpretation
    • In this Cookie Policy, unless the context otherwise requires, the following expressions have the following meanings:

 

“Cookie”

means a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site;

“Cookie Law”

means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003

“personal data”

means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined by the Data Protection Act 1998 and

“We/Us/Our”

means Aspire Defence Services Limited , a limited company registered in England under company number 4556471, whose registered address is Aspire Business Centre, Ordnance Road, Tidworth, Wiltshire SP9 7QD, and whose main trading address is Aldershot Garrison Sports Centre, Rawlinson Road, Aldershot Hampshire GU11 2LQ.

 

  1. Information About Us
    • Our Site is owned and operated by Aspire Defence Services Limited, Aldershot Garrison Sports Centre, a limited company registered in England under company number Aspire Defence Services Limited, whose registered address is Aspire Business Centre, Ordnance Road, Tidworth, Wiltshire SP9 7QD
    • Our VAT number is 832 197 071.

 

  1. How Does Our Site Use Cookies?
    • Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products AND/OR s We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
    • All Cookies used by and on Our Site are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:
      • Strictly Necessary Cookies

A Cookie falls into this category if it is essential to the operation of Our Site, supporting functions such as logging in, your shopping basket, and payment transactions.

  • Analytics Cookies

It is important for Us to understand how you use Our Site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping Us to improve Our Site and your experience of it.

  • Functionality Cookies

Functionality Cookies enable Us to provide additional functions to you on Our Site such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.

  • Targeting Cookies

It is important for Us to know when and how often you visit Our Site, and which parts of it you have used (including which pages you have visited and which links you have visited). As with analytics Cookies, this information helps us to better understand you and, in turn, to make Our Site and advertising more relevant to your interests.

  • Third Party Cookies

Third party Cookies are not placed by Us; instead, they are placed by third parties that provide services to Us and/or to you. Third party Cookies may be used by advertising services to serve up tailored advertising to you on Our Site, or by third parties providing analytics services to Us (these Cookies will work in the same way as analytics Cookies described above).

  • Persistent Cookies

Any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit Our Site.

  • Session Cookies

Any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit Our Site until you close your browser. Session Cookies are deleted when you close your browser.

  • Cookies on Our Site are not permanent and will expire after 30 days
  • For more details of the personal data that We collect and use, the measures we have in place to protect personal data, your legal rights, and our legal obligations, please refer to our Privacy Policy.

 

 

  1. Changes to this Cookie Policy
    • We may alter this Cookie Policy at any time. Any such changes will become binding on you on your first use of Our Site after the changes have been made.  You are therefore advised to check this page from time to time.
    • In the event of any conflict between the current version of this Cookie Policy and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

  1. Further Information
    • If you would like to know more about how We use Cookies, please contact Us

6. Terms of Sale of Digital Content Comprising Dance/Classes/Workouts

BACKGROUND:

  • These Terms of Sale together with the attachment below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which Paid Content, accessed via Subscriptions, is sold by Us to Consumers through this website, Aldershotgarrisonsc.co.uk (“Our Site”).
  • Terms and information that are specific to accessing dance classes/workouts from or via Our Site using the Zoom cloud-based web conferencing or AGSC App platform are set out in the attachment below only for ease of reference but they will have the same effect as if set out in these Terms of Sale.
  • Please read these Terms of Sale and the attachment below carefully and ensure that You understand them before purchasing a Subscription. If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss. When setting up an Account before purchasing any Subscription, You will be required to read, accept, and agree to comply with and be bound by these Terms of Sale and the attachment. If You do not, You will not be able to purchase a Subscription and access Paid Content through Our Site. 
  • All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:
  • are required by law to give to You before You order a Subscription; or
  • voluntarily give to You and You rely on it either when deciding to order a Subscription or when, subsequently, You make any decision about the Subscription.

We give You some of that information before You order a Subscription and some it is set out in these Terms of Sale and the attachment below.

  • These Terms of Sale, as well as any and all Contracts, are in the English language only.
  • These Terms of Sale apply only to the sale of Paid Content; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms and Conditions”.
  1. Definitions and Interpretation
    • In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means the account, referred to in Sub-Clause 7.1, that You must setup with Us in order to purchase any Subscription;

Background Items

means background and other information about topics (relevant to dance classes/workouts) that We provide to You, downloadable or viewable as text/graphics;

“Consumer”

means an individual customer who is to receive or use Our services comprising Paid Content for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;

 

“Contract”

means a contract for the purchase of a Subscription to access any Paid Content, as explained in Clause 7;

“Paid Content”

means any digital content (including text, graphics, images, audio, and video) comprising any dance/ classes/workouts or similar sessions, or any other materials or other information related thereto, sold by Us through Our Site and made available by Us via Our Site by means of

either

(a) [two-way synchronous live stream audio and/or video technology, e.g. Zoom, GoToMeeting, Skype for Business (part of Teams), WebEx;

[and][or]

(b) a synchronous live stream video and/or audio or recorded non downloadable video and/or audio of one or more items provided on Our video/audio streaming platform accessed from Our Site

or

hosted on another’s website, e.g. Youtube via a link that We provide to You;

Paid Content will be more fully described in other information that We give or make available to You before You order a Subscription. That information may include the name of any instructor or other individual(s) presenting any digital content on Our behalf but whether it does or does not do so, We may if so We decide in our discretion at any time and without notice substitute any other individual(s) who is suitably experienced;

“Subscription”

means a subscription to Our Site purchased by You which provides You with access to Paid Content which comprises either:

(a)       one or more specific single events or items; and/or

(b)       one or more series or collections of two or more specific events or items; and/or

(c)       one or more or all types of events or items available on or via Our Site; and

(d)        the Background Items.

We will give You information about the period of access to (a), (b) and (c) before You purchase the Subscription which will include the information described in Sub-Clause 7.4.6.

Every Subscription will include access to the Background Items for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation;

“Subscription Confirmation”

means Our acceptance and confirmation of Your purchase of a Subscription;

“Subscription ID”

means the reference number for Your Subscription; and

“We/Us/Our”

means Aspire Defence Services Limited, a company registered in England under 4556471 whose registered address is Aspire Business Centre, Ordnance Road, Tidworth, Wiltshire SP9 7QD and whose main trading address is Aldershot Garrison Sports Centre, Rawlinson Road, Aldershot, Hampshire GU11 2LQ.

 

  1. Information About Us
    • Our Site, www.Aldershotgarrisonsc.co.uk, is owned operated by Aspire Defence Services Limited, a limited company registered in England under 4556471, whose registered address is Aspire Business Centre, Ordnance Road, Tidworth, Wiltshire SP9 7 QD and whose main trading address is Aldershot Garrison Sports Centre, Rawlinson Road, Aldershot Hampshire GU11 2LQ. Our VAT number is 832107071.
  2. Contacting Us
    • If You wish to contact Us with general questions, matters relating to paid content or cancellations, You may contact Us by telephone at 01252 347724, by email at agscreception@aspiredefence.co.uk, or by post at Aldershot Garrison Sports Centre, Rawlinson Road, Aldershot, Hampshire GU11 2LQ.
    • or refer to the relevant Clauses above.
    • To make a complaint, see Clause 15.
  3. Consumers only and Age Restriction

Only a Consumer may purchase a Subscription and access Paid Content on or through Our Site. Only if that person is aged at least 18 years of age may they do so.

  1. Business Customers

These Terms of Sale and the attachment below do not apply to customers purchasing Subscriptions and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.

  1. Subscriptions, Paid Content, Pricing and Availability
    • We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that You will receive. Please note, however, that due to live events, sessions may require amendment due to availability of instructors or minor session changes.
    • Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between the Paid Content and the descriptions of it. Please refer to Clause 11 if Your Subscription or the Paid Content is incorrect.
    • We may from time to time change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price at least 1 month before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in sub-Clause 1.
    • Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.
    • In some cases, as described in the relevant digital content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform You at least 1 month before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract as described in sub-Clause 1.
    • Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
    • We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated every April. Changes in price will not affect any order for a Subscription that You have already placed (please note sub-Clause 11 regarding VAT, however).
    • All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Subscription at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 7 days, We will treat Your order as cancelled and notify You of this in writing.
    • If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 4.
    • If the price of a Subscription that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order.
    • All prices on Our Site include VAT. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
  2. Orders – How Contracts Are Formed
    • Our Site will guide You through the process of setting up an Account and purchasing a Subscription. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.
    • If, during the order process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.
    • No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your order does not mean that We have accepted it. Our acceptance is indicated by Us sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You.
    • Subscription Confirmations shall contain the following information:
      • Your Subscription ID;
      • Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
      • Fully itemised pricing for Your Subscription including, where appropriate, taxes, and other additional charges;
      • The duration of Your Subscription (including the start date, and the expiry or renewal date;
      • Confirmation of Your acknowledgement that the Paid Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 1;
      • In relation to any video (live or recorded) event, item, series, collection or type/s of events or items constituting the Paid Content, the period during which it can be accessed which will be either (a) the whole period of the Subscription; (b) or a specific period commencing on a stated date that is shorter than that whole period;
    • In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 30 days.
    • Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
    • Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Subscription
  3. Payment for Subscriptions
    • Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation (this usually occurs immediately and You will be shown a message confirming Your payment).
    • Payment methods are displayed on the site when completing your subscription on Our Site:
    • If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content. For more information, please refer to sub-Clause 6. If You do not make payment within 30 days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
    • If You believe that We have charged You an incorrect amount, please contact Us at Aldershot Garrison Sports Centre, Rawlinson Road, Aldershot, Hampshire GU11 2LQ as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.
  4. Provision of Paid Content
    • We undertake to make available to You on these Terms of Sale the Paid Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us You are unable to do so, You will not be entitled to any refund.
    • Paid Content appropriate to Your Subscription will be available to You from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract, on and subject to the following:

9.2.1    An item of Paid Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non-streamed item, the period within which it is or will be available for access.

9.2.2    If an item of Paid Content is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item or by other circumstances. Any such delay will not normally exceed 15 minutes but if the start is delayed by more than that period then We will add a voucher to Your account for a free session to compensate You for any inconvenience or loss that You suffer as a result.

9.3       When You place an order for a Subscription, You will be required to expressly acknowledge that You wish Paid Content to be made available to You immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) Paid Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”).  Please see sub-Clause 12.1 for more information.

9.4       In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

9.4.1      To fix technical problems or to make necessary minor technical changes;

9.4.2      To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;

9.4.3      To make more significant changes to the Paid Content, as described above in sub-Clause 6.5.

9.5       If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 9.4, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). You will not be charged while availability is suspended and Your Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 12 hours).  If the suspension lasts (or We tell You that it is going to last) for more than 1 month, You may end the Contract as described below in sub-Clause 13.2.

9.6       We may suspend provision of the Paid Content as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 14 days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.

9.7       Any refunds under this Clause 9 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

9.8       Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Subscription

  1. Licence
    • When You purchase a Subscription to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access, participate in and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to You does not give You any rights in Our Paid Content (including any material that We may licence from third parties).
    • The licence granted to You under sub-Clause 10.1 is subject to the following usage restrictions [and/or permissions]:
      • You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); [and]

10.2.2    Where  any Paid Content two way livestream facility item or event accessible or available to You is also simultaneously made accessible or available by Us to any other person(s), You may not use that two way livestream facility to communicate or make accessible to any such other person(s)  anything (by voice, text, image or otherwise) except as We may expressly request or permit in any case.

  1. Problems with the Paid Content
    • By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content available through Your Subscription does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
      • If the Paid Content has faults, You will be entitled to a repair or a replacement.
      • If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.
      • If You can demonstrate that the fault has damaged Your device or other digital content belonging to You because We have not used reasonable care and skill, You may be entitled to a repair or compensation. Please refer to sub-Clause 14.3 for more information.
    • Please note that We will not be liable under this Clause 11 if We informed You of the fault(s) or other problems with particular Paid Content before You accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned You that it may contain faults that could harm Your device or other digital content), if You have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
    • If there is a problem with any Paid Content, please contact Us at Aldershot Garrison Sports Centre, Rawlinson Road, Aldershot Hampshire GU11 2LQ or visit the contact page on Our Site aldershotgarrisonsc.co.uk to inform us of the problem.
    • Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.
    • Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Subscription
    • For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.
  2. Cancelling Your Subscription
    • If You are a Consumer in the UK or the European Union, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
    • After the cooling-off period, You may cancel Your Subscription at any time. However, subject to sub-Clause 3 and Clause 13, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
    • If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
    • If You wish to exercise Your right to cancel under this Clause 12, You may inform Us of Your cancellation in any way You wish. Cancellation by email or by post is effective from the date on which You send Us Your message. If You would prefer to contact Us directly to cancel, please use the following details:
      • Email: agscreception@aspiredefence.co.uk;
      • Post: Aldershot Garrison Sports Centre, Rawlinson Road, Aldershot, Hampshire GU11 2LQ;

in each case, providing Us with Your name, address, email address, telephone number, and Subscription ID.

  • We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
  • Refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.
  • Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Subscription
  1. Your Other Rights to End the Contract
    • You may end the Contract at any time if We have informed You of a forthcoming change to Your Subscription or the Paid Content (as described in sub-Clauses 3 or 6.5), or to these Terms of Sale that You do not agree to. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You will continue to have access to the Paid Content until that date.
    • If We have suspended availability of the Paid Content for more than 1 month, or We have informed You that We are going to suspend availability for more than 1 month, You may end the Contract immediately, as described in sub-Clause 5. If You end the Contract for this reason, We will issue You with a partial refund.
    • If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a partial refund.
    • If We inform You of an error in the price or description of Your Subscription or the Paid Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a full refund.
    • You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
    • Refunds under this Clause 13 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription
    • If You wish to exercise Your right to cancel under this Clause 13, You may do so in writing. To contact Us directly to cancel, please use the following details:
      • Email: agscreception@aspiredefence.co.uk;
      • Post: Aldershot Garrison Sports Centre, Rawlinson Road, Aldershot, Hampshire GU11 2LQ;

in each case, providing Us with Your name, address, email address, telephone number, and Subscription ID.

  • We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
  1. Our Liability to Consumers
    • We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
    • Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    • If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Paid Content) from Our Site damages Your device or other digital content belonging to You, We will either repair the damage or pay You appropriate compensation. Please note that We will not be liable under this provision if:
      • We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or
      • The damage has been caused by Your own failure to follow Our instructions; or
      • Your device does not meet any relevant minimum system requirements that We have made You aware of before You purchased Your Subscription.
    • Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.
    • Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
    • We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the attachment below).
  • Complaints and Feedback
    • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
    • If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
      • In writing, addressed to Sports Centre Manager, Aldershot Garrison Sports Centre, Rawlinson Road, Aldershot Hampshire GU11 2LQ

15.3.2  By email, addressed to Sports Centre Manager at AGSCrecepthion@aspiredefence.co.uk

15.3.4  How We Use Your Personal Information (Data Protection) We will only use Your personal data as set out in Our Privacy available from the website and Cookie Policy also on the web site.

  • Other Important Terms

16.1     We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

16.2     The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.

16.3     If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.

16.4     If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.

16.5     We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 13.1 above).

  • Law and Jurisdiction
    • These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
    • As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
    • As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

 

Attachment

 

  1. The Dance Classes/Workouts

The classes/workouts (referred to below as “Sessions”) that We provide will involve one or more of the following:

Zumba

Hip Hop Aerobics

Cardio Dance Class

Step Aerobics

Aerobics

Pilates

Box fit

Insanity

Weight/Power/Circuit

HIIT

We make no warranty or representation that any particular result will be brought about as a result of taking part in any Session/s. Results will differ from customer to customer depending on various factors, including, without limitation, body type and fitness.

  1. Use of the Zoom web-conferencing platform OR AGSC App to access online Sessions

We offer Sessions online as an alternative that You can choose when You cannot attend a session at Our premises in-person for any reason.

We use technology which allows Us to provide You with Sessions online provided that You have the appropriate technology (see below) to receive that Session. For this purpose, We use the Zoom cloud-based web conferencing platform (“Zoom”) OR AGSC App.

Where We are to make any of the Sessions available by means of Zoom OR AGSC App rather than any other platform, it will be on the following basis.

  1. The technology that We will be responsible for providing

We will subscribe to Zoom and will pay any necessary fees to Zoom or AGSC App to maintain that subscription. It will enable Us to act as “host” and to provide the Sessions to You over the internet via the Zoom or AGSC App facility.

To receive or participate in any Session which We have agreed with You is to be included in Your Subscription, You will need to join that Session via Zoom or AGSC APP You will not need to pay any fee or charge for use of the Zoom or AGSC App facility or to join that Session: You will only need to pay for the Session made available by Your Subscription.  

We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any Zoom or AGSC App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use Zoom or AGSC App.

  1. The technology and other items that You will be responsible for providing

It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in Sessions via Zoom or AGSC App.

You will need have access to and use the following non-exhaustive list of facilities for this purpose:

  • An appropriate functioning Device which is adequately charged;
  • An up to date Zoom or AGSC App where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive or participate in Sessions;
  • Stable, reliable, internet access with adequate speed;
  • A safe and suitable environment in which to watch, listen, speak where appropriate, and to participate in Sessions;
  • Suitable clothing for the Sessions concerned; and
  • As advised by Us before You place Your order for a Subscription or agreed with you then or at any other time, any other equipment that You will need for any Sessions.

We do not make supply or make available the Zoom or AGSC App platform that You use to access any Paid Content. We are not a party to Your download and use of that platform, and We will have no responsibility or liability to you in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of Zoom or AGSC App as the third party provider of the platform to You imposes on such download and use.

Paid Content consisting of Background Items is not provided via the Zoom or AGSC App platform but is instead downloadable directly from Our Site.

  1. Scope of what We provide
  • Technology

We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.

We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving and participating in any Sessions. However, We may, if You request it, either before or during any Session, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice. We do not therefore take on any responsibility or accept any liability if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing except if Your Device or Your digital content is damaged in circumstances where We are liable to You under Sub-Clause 14.3.

We will not be responsible or liable if You are unable to access any Session due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for Session that We have made available to You. Such causes beyond Our reasonable control may include (but are not limited to):

  • Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or
  • Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or
  • Failure of or defect in the Zoom or AGSC App platform used by Us or You to make Sessions available to You; or
  • Your inability to access Sessions due to failure of or defects in Our Site etc.
  • Equipment etc

We do not supply or arrange for You to use any other equipment that You will need, but [on request] We [may in Our discretion][will] tell you the type/s of equipment that You will or might need to take part in a Session and We [may in Our discretion][will] tell You where or how You might obtain any such items of equipment. All equipment that You will need will be at Your own cost.

  1. Account setup needed

In order to purchase any Subscription and receive any Session/s, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.

You may not create an Account if You are under 18 years of age.

We only offer Paid Content for use in the UK to individuals residing in the UK. You may only open an Account with a residential address in the UK.

During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.

You will be asked for additional information regarding Your Account, such as Your e-mail address.

  1. Your responsibility for Your Account and its security

You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.

You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each period of Your access to a Session. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

You must never use anyone else’s Account without prior authorization from Us for the specific occasion in question.

When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.

If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Sessions by the Subscription.

If You wish to close and delete Your Account, You may do so via the 'Cancelations Terms’ section of Our Site.

  1. Your privacy and security on each occasion when You access two-way synchronous live stream Sessions which are also accessible to other customers

Where any Session that You access is a two-way synchronous live stream audio and/or video technology (not a pre-recorded one way transmission), on the occasion You access it, it will be simultaneously accessible to others who have also purchased it and choose to access it unless We specify to You that that Session will only be made available only to You as an individual private Session.

Therefore, unless a two-way synchronous live stream audio and/or video Session is only made available to You, the following will apply to that Session:

  • When You sign in to Zoom or AGSC App You should indicate Your first name only since Your name will be visible to Our other customers taking part;
  • You understand and are aware that there is a risk that other customers and other people may see and hear (via the video and/or audio facilities of the Zoom or AGSC App and Your Device) not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the Session;
  • The space You use should be free of others and it should be difficult for other customers to see or hear via the Zoom or AGSC App and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones;
  • There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
  • We cannot ensure privacy or confidentiality due to the nature of two-way live Sessions involving customers in addition to You; and
  • In any event, it will be Your responsibility to ensure that You have a suitable space to use when You participate in any live two way Session in order to protect Your privacy and that of others in or near that space.

We will not be liable for any loss or damage arising from Your failure to comply with or take account of any of the above requirements.

  1. Health and Safety

You acknowledge and agree that:

  • Any Session may be physically strenuous.
  • Certain particular or series of exercises or activities may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.
  • Due to the remote nature of online Sessions, We do not undertake to and cannot attend, assist or advise or arrange for or alert any third party to do so, if during a Session You fall ill or have an accident.
  • Whilst the instructor for each Session will be appropriately [experienced] [and] [qualified] and will be competent to conduct the Session, We provide instructors subject to “(e)” below. Instructors will have the following:

Relevant qualification for the class And/or membership of the Register of Exercise Professionals

 Accordingly, they are appropriately qualified and insured to conduct Sessions.

  • Access to any Session and receiving instruction or guidance from an instructor is on the basis that it is subject to the following:
  • Our instructors are not medical or health professionals, and they do not have expertise to diagnose medical conditions or impairments;
  • Any advice provided by an instructor involved in a Session does not constitute medical advice and is not a substitute for advice provided by a medical professional;
  • You voluntarily participate in a Session with full knowledge that even if an instructor involved in the Session is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise or activity and use of any equipment used by You;
  • We will endeavour to provide the same instructor for each Session within Your Subscription but We may from time to time need for various reasons to substitute another instructor for any one or more Sessions, including where the instructor originally assigned to You is not available due to illness, personal reasons or any other reason resulting in Our not being able to make him/her available to You.
  • When You setup an Account, and also when You purchase any Subscription, book and participate in any Session, that will be Your confirmation that You have no health, fitness or other relevant problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect Your participation in that or any other Session comprised in any Subscription that You have purchased or subsequently purchase.
  • You will ensure that You are fit and well enough to participate in any Session that You purchase, and that You will at all times be responsible for Your own state of health, physical condition and wellbeing.
  • If You have any concerns about Your fitness or health, You will seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser before purchasing or participating in any Session.
  • Where necessary, You must obtain clearance from a relevant professional medical or other adviser before You book or participate in any Session. We cannot and do not provide any such advice or clearance.
    1. Advising Us about Your Health etc

When You purchase a Subscription and before You participate in any Session, We advise You to tell Us:

(a)        Of any special physical needs, any issue relating to Your health, fitness or physical limitations of which You are aware, and any medical condition or on-going medical treatment, which might be relevant to any activity to be undertaken at a Session;

(b)        Of any medical condition or if You are taking any medication which may affect Your ability to undertake any activity at a Session or to use any equipment that You will or might use;

(c)        Of any circumstances affecting Your health which may be worsened by any activity at a Session; and

(d)        If You are pregnant, and if so whether You are in the first 3 months of Your pregnancy.

If You advise about the above, We will discuss with You any such matter that You tell Us. We will then inform You if We decide in Our discretion either:

  • not to accept Your order for a Subscription because of that medical, health or fitness issue or special need; or
  • to accept Your order, in which case You must act in accordance with any instructions provided by Us relating to the issue, and We will be entitled to rely on Your confirmation set out at 9(f) above.

7. Website Use

By Using Our Site You Accept These Terms and Conditions

 

Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site. These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this website www.aldershotgarrisonsc.co.uk (“Our Site”). It is recommended that you print a copy of these Terms and Conditions for your future reference.

These Terms and Conditions were last updated on 01 October 2021.

Your agreement to comply with these Terms and Conditions is indicated by your use of Our Site. If you do not agree to these Terms and Conditions, you must stop using Our Site immediately.

The following documents also apply to your use of Our Site:

  • Our Privacy Policy, available at Section 4. This is also referred to below in Part 15.
  • Our Cookie Policy, available at Section 5. This is also referred to below in Part 15.

 

  1. Definitions and Interpretation
    • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Content”

means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and

“We/Us/Our”

Means Aspire Defence Services Limited.

 

  1. Information About Us
    • Our Site is operated by Aspire Defence Services Limited. We are a limited company registered in England and Wales under company number 4556471. Our registered address is Aspire Business Centre, Ordnance Road, Tidworth, Wiltshire SP9 7DQ and Our address is Aldershot Garrison Sports Centre, Rawlinson Road, Aldershot, Hampshire GU11 2LQ.
    • Our VAT number is 832 107 071.

 

  1. How to Contact Us

To contact Us, please email Us at agscreception@aspiredefence.co.uk or telephone Us on 01252 34 77 24.

 

  1. Access to Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make the arrangements necessary in order to access Our Site.
    • Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted. If We suspend or discontinue Our Site (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.

 

  1. Changes to Our Site

We may alter and update Our Site (or any part of it) at any time to improve the service to you, content, operation or access requirements. If We make any significant alterations to Our Site (or any part of it), We will try to give you reasonable notice of the alterations.

 

  1. Changes to these Terms and Conditions
    • We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
    • If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

 

  1. International Users

Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.

 

  1. How You May Use Our Site and Content (Intellectual Property Rights)
    • All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
    • You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
    • You may print one copy and download extracts of any page(s) from Our Site for personal use only.
    • You may not modify the printed copies or downloaded extracts in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
    • Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.
    • You may not use any Content, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
  2. Links to Our Site
    • You may only link to the homepage of Our Site. Linking to other pages on Our Site requires our express written permission.
    • Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
    • You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
    • Your link should not use any logos or trademarks displayed on Our Site without Our express written permission.
    • You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.

 

  1. Links to Other Sites
    • Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
    • The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

 

  1. Disclaimers
    • Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be obtained before taking any action relating to physical activity, if you have any concerns about medical conditions which may affect you exercising safely, please take advice from your doctor.
    • We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
    • If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.

 

  1. Our Liability
    • Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
    • If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
    • If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.

 

  1. Viruses, Malware, and Security
    • We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
    • You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
    • You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    • You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    • You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    • By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

 

  1. Acceptable Usage of Our Site
    • You may only use Our Site in a lawful manner:
      1. You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
      2. You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
      3. You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
    • If you fail to comply with the provisions of this Part 14, you will be in breach of these Terms and Conditions. We may take one or more of the following actions in response:
      1. Suspend or terminate your right to use Our Site;
      2. Issue you with a written warning;
      3. Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      4. Take further legal action against you, as appropriate;
      5. Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
      6. Any other actions which We deem reasonably appropriate (and lawful).
    • We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.2) in response to your breach.

 

  1. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy and Our Cookie Policy, set out above.

 

  1. Communications from Us
    • If We have your contact details, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.
    • We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 5 days for your request to take effect and you may continue to receive emails during that time.
    • For questions or complaints about communications from Us, please contact Us using the details above in Part 3.

 

  1. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 17.1 takes away from or reduces your legal rights as a consumer.
    • If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.