Terms and Conditions of Sale

1. Credit

1.1 This document was created using a template from SEQ Legal (https://seqlegal.com).

2. Introduction

2.1 These terms and conditions shall govern the sale and purchase of digital coaching and subscription services through our website.

2.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

2.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

3. Interpretation

3.1 In these terms and conditions:

(a) “we” means The Golf Movement Academy Ltd; and

(b) “you” means our customer or prospective customer, and “us”, “our” and “your” should be construed accordingly.

4. Order process

4.1 The advertising of subscription or coaching services on our website constitutes an “invitation to treat” rather than a contractual offer.

4.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 4.

4.3 To enter into a contract through our website to purchase subscription or coaching services from us, the following steps must be taken:

You must select the subscription or coaching plan you wish to purchase and add it to your cart (or proceed directly to checkout if available);

You will be asked to provide personal details and payment details;

Before confirming your order, you will have the opportunity to review and amend any errors in your details;

You will consent to these terms and conditions by checking a box or clicking a confirmation button;

You will be transferred to our payment services provider (Stripe) to handle your payment;

We will then send you an initial acknowledgment of your order; and

Once we have confirmed your payment and validated your subscription details, we will send you an order confirmation by email, at which point your order will become a binding contract.

4.4 You will have the opportunity to identify and correct input errors prior to placing your order.

5. Services

5.1 We provide the following types of digital services:

Subscriptions to mobility training, Online Group Coaching, and Online 1-2-1 Coaching.

5.2 We may periodically change or update the services available on our website, and we do not undertake to continue providing any particular service or type of service indefinitely.

6. Prices

6.1 Our service fees (prices) are quoted on our website.

6.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

6.3 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT. We are not VAT-registered, so VAT is not charged.

6.4 It is possible that certain prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

6.5 Since our services are digital and delivered online, there is no physical delivery charge.

7. Payments

7.1 You must, during the checkout process, pay the fees for the subscription or coaching service you order.

7.2 Payments may be made by Stripe or any other payment methods indicated on our website from time to time.

7.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, we may suspend or terminate your access to the services, and/or cancel the contract of sale for the services.

7.4 If you make an unjustified credit card or other charge-back, then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third-party expenses incurred by us in relation to the charge-back (including charges made by our bank or payment processor);

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 7.4 (including legal fees and debt collection fees).

8. Delivery of services

8.1 Because our services are delivered digitally(via online platforms, video calls, etc.), no physical products will be dispatched or shipped.

8.2 Access to our subscription platform or coaching sessions will typically be granted immediately or within a reasonable period after your purchase is confirmed and payment is received. However, we do not guarantee immediate access in every case.

8.3 If you experience issues accessing or receiving the digital service you have purchased, please contact us promptly so we can assist.

9. Distance contracts: cancellation right

9.1 This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer—that is, as an individual acting wholly or mainly outside your trade, business, craft, or profession.

9.2No Refund Policy for Digital Services:

We provide digital services (online coaching, subscriptions, or digital content). Under certain circumstances in UK law, a 14-day cancellation right may apply. However, by purchasing and immediately accessing or using our digital services, you acknowledge that you may lose this cancellation right if the service begins and is performed, in full or in part, before the end of the 14-day period.

If you do not wish to lose the right to cancel, do not begin using our services until after 14 days from purchase, or refrain from completing the purchase.

9.3 You acknowledge that once you start accessing or using the digital services, you lose your statutory right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, to the fullest extent permitted by law.

9.4 If, despite the above, you believe you have grounds for a refund due to a fault with the services, please contact us at [email protected] to discuss the matter.

10. Warranties and representations

10.1 You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these terms and conditions;

(c) all the information that you provide to us in connection with your order is true, accurate, complete, and non-misleading; and

(d) you will comply with any usage guidelines or rules for the digital services we provide.

10.2 We warrant to you that:

(a) we have the right to provide the digital services that you purchase;

(b) the digital services will match any description published on our website; and

10.3 All of our warranties and representations relating to the supply of digital services are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.

11. Limitations and exclusions of liability

11.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law; and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions except to the extent permitted by law.

11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:

(a) are subject to Section 11.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

11.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.5 You accept that we are a limited liability entity and you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with these terms and conditions.

12. Order cancellation

12.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a) you fail to pay, on time and in full, any amount due to us under that contract; or

(b) you commit any material breach of that contract.

12.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

12.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control.

13. Consequences of order cancellation

13.1 If a contract under these terms and conditions is cancelled in accordance with Section 12:

(a) we will cease to have any obligation to provide the digital services which are not yet provided at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for services which have already been delivered at the date of cancellation; and

(c) all other provisions of these terms and conditions will cease to have effect, except that Sections 2.3, 7.4, 11, 16, 17, 18, 19, 20, and 21 will survive termination and continue in effect indefinitely.

14. Scope

14.1 These terms and conditions shall not constitute or affect any assignment or licence of any intellectual property rights.

14.2 These terms and conditions shall not govern the licensing of any works (including software or literary works) comprised or stored in any digital content we may provide beyond what is necessary for you to access our coaching platform.

14.3 These terms and conditions shall not govern the provision of any additional offline services by us.

15. Variation

15.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

15.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

16. Assignment

16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions—provided that such action does not serve to reduce the guarantees benefiting you under these terms and conditions (if you are a consumer).

16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

17. No waivers

17.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

17.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

18. Severability

18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19. Third party rights

19.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

19.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

20. Entire agreement

20.1 Subject to Section 11.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the purchase of our digital coaching and subscription services, and shall supersede all previous agreements between you and us in relation to the sale and purchase of such services.

21. Law and jurisdiction

21.1 These terms and conditions shall be governed by and construed in accordance with English law.

21.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

22. Statutory and regulatory disclosures

22.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer. We recommend that you save a copy of these terms and conditions for future reference.

22.2 These terms and conditions are available in the English language only.

22.3 Since we are not VAT-registered, no VAT number is applicable.

22.4 The website of the European Union’s online dispute resolution platform is available at http://ec.europa.eu/odr. You may use the ODR platform for resolving disputes.

23. Our details

23.1 This website is owned and operated by The Golf Movement Academy Ltd.

23.2 Our principal place of business is at 3 Cammell Close, Wokingham, RG41 4EQ.

23.3 You can contact us:

(a) by post, at the address given above;

(b) by email, at [email protected] ; or