IMPORTANT – PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE
World Curling Academy - Website Terms and Conditions of Use
These terms and conditions of use are the terms and conditions under which you may use the Website https://www.worldcurlingacademy.org (the Website).
Please read these terms carefully. These terms apply to any use of the Website, whether you register or not. However, as part of the registration process you will be required to show that you have read and understood these terms by ticking a box on the registration form.
If you refuse to accept these terms, you should immediately cease to access and/or use the Website in any matter.
We recommend that you print a copy of these terms for your future reference.
1. ABOUT US
1.1 We are World Academy of Sport Services Ltd, a company registered in England and Wales with company number 5960091.
1.2 Our registered office address is C/O Moore Stephens Centurion House, 129 Deansgate, Manchester, United Kingdom, M3 3WR. However, please do not use this address for correspondence or contractual notices.
1.3 Any correspondence or contractual notices should be sent to us at World Academy of Sport, 52 Granby Row, Manchester, United Kingdom, M1 7AY or by email to email@example.com.
2. ABOUT OUR PARTNER
2.1 This Website is provided in conjunction with World Curling Federation (our Partner).
2.2 The Website and the courses are delivered to you by us, and any issues or queries that you have regarding the Website or the courses should be addressed to us in the first instance.
3. AVAILABILITY OF THE WEBSITE
3.1 We will use our reasonable endeavours to make the Website available for you to access over the internet. However, from time to time the Website may be unavailable if we carry out routine maintenance and repairs or due to the unavailability or failure of the internet.
3.2 We do not give any promise that the Website or the service it provides will be available for you to access, will continue uninterrupted or error-free or will remain unchanged.
4. PROHIBITED USES
4.1 You may not use the Website:
4.1.1 in any way that breaches any applicable local, national or international law or regulation;
4.1.2 in any way that may damage our reputation, our Partner’s reputation or that of the Website;
4.1.3 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.1.4 to harvest or collect email addresses or other contact information for the purposes of sending unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
4.1.5 to transmit, or procure the sending of spam;
4.1.6 to send, knowingly receive, upload, download, use or re-use any material which:
(a) is inaccurate;
(b) expresses an opinion which is not genuinely held;
(c) contains any material which is defamatory or derogatory of any person;
(d) contains any material which is obscene, offensive, hateful or inflammatory;
(e) promotes sexually explicit material, violence, any illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringes any intellectual property or other right of any other person;
(g) is likely to deceive any person;
(h) is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(i) is threatening, abusive or invade another’s privacy, causes annoyance, inconvenience or needless anxiety, is likely to harass, upset, embarrass, alarm or annoy any other person; and/or
(j) advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4.1.7 to use automate scripts to collect information from or otherwise interact with the Website.
4.2 You also agree:
4.2.1 not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these terms;
4.2.2 that in submitting or uploading any material to the Website you will not impersonate any person, misrepresent your identity or affiliation with any person, or give the impression that the material emanates from us or our Partner (if this is not the case);
4.2.3 not to access without authority, interfere with, damage or disrupt:
(a) any part of the Website;
(b) any equipment or network on which the Website is stored;
(c) any software used in the provision of the Website; or
(d) any equipment or network or software owned or used by any third party; and
4.2.4 not to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or to attack our Website via a denial-of-service attack or a distributed denial-of service attack.
4.3 By breaching paragraph 4.2.3 or paragraph 4.2.4, you may be committing a criminal offence under the Computer Misuse Act 1990 or other applicable local legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
4.4 If you are accessing this Website from outside the United Kingdom you should be aware that we have designed this Website and these terms to comply with applicable law and regulation in the United Kingdom. We cannot guarantee that your use of this Website will comply with local mandatory legal requirements in the country that you are accessing it from. It is your responsibility to ensure that your use of our Website does not place you, us or our Partner in breach of any local law or regulation and you must not use the Website in any manner which may do so.
4.5 You warrant that you will not use the Website in any of the ways prohibited in this paragraph 4, and you agree that you will be liable to us and indemnify us for any breach of that warranty.
5. USER INTERACTION
5.1 Our Website may offer various options to interact with other Registered Users, such as file sharing facilities, discussion boards, social media integration and/or such other features as we may add from time to time.
5.2 When participating in any parts of the Website that involve user interaction, you must at all times act in a polite, lawful and respectful manner to all other users. Do not post anything that you are not prepared to be publically associated with.
5.3 We retain the absolute discretion to suspend or remove any content which is the subject of a complaint and will, where we consider it appropriate to do so, co-operate with any complainant, including providing your contact details to the complainant so that the complainant can contact you directly. However, we will not be responsible to you for any additional liability you suffer as a result of our failure to remove content which is the subject of a complaint.
5.4 If we receive a complaint about your use of the Website, whether from a law enforcement authority, company, private individual or otherwise, we will consider the complaint and determine how to respond. Complaints may include allegations that content you have submitted infringes a third party’s rights, is defamatory or is otherwise unlawful or illegal.
5.5 Please exercise caution when viewing user submitted content. By its nature we are unable to provide any guarantee that it will be appropriate or accurate, and we cannot be responsible for any loss that you suffer as a result of your viewing of, or reliance upon, any user submitted content.
6.1 All material on the Website is protected by copyright. You may view pages of the Website on screen and may print or download extracts of them for your own personal use.
6.2 You may supply a copy of any such extract to any third party provided that:
6.2.1 the extract is for their own personal use;
6.2.2 the extract is not supplied as part of or included in another work, website or publication;
6.2.3 the extract is not supplied either directly or indirectly in return for commercial gain; and
6.2.4 the third party is made aware that the source of the copy is the Website and that these terms and conditions apply equally to them.
6.3 Notwithstanding paragraph 6.2 you are not permitted to distribute a copy of any course content or material to any third party without our written permission.
6.4 No part of the Website may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without our express written consent.
7. CONTENT OF THE WEBSITE
7.1 We will use our reasonable endeavours to ensure that the information on the Website is accurate and complete. However, we do not give any promises about the accuracy or completeness of that information or the accuracy of any information (including, without limitation, Registration Data provided by Registered Users).
7.2 The Website includes content, services and hypertext links to websites owned, operated, controlled and/or provided by third parties (Third Party Content).
7.3 Our Website may include an embedded stream of our Twitter feed or other social media accounts. By the nature of social media postings these tend to be less formal than other content and nothing on our Twitter feed or other social media account should be taken to form any contractual obligation or representation. Social media postings represent the position as at the time they were posted and may no longer be current. Any statement of opinion is of the employee or representative making the tweet or posting and does not necessarily reflect our opinion. Retweets and shares are not necessarily endorsements. Your use of these third party services is subject to their own terms of service.
7.4 Your use of any Third Party Content may be subject to the relevant third party’s terms and conditions, and it is your responsibility to make yourself aware of those terms and conditions. We will not necessarily see or be aware of any enquiries that you submit to any third parties who provide Third Party Content.
7.5 We have no control over or proprietary interest in any Third Party Content. We do not give any promises about the quality, security, accuracy or any other aspect of any Third Party Content, and exclude any and all liability arising from your use of them.
8.1 By registering to use our Website you confirm that you:
8.1.1 understand and accept these terms;
8.1.2 are legally capable of entering into binding contracts; and
8.1.3 are at least 16 years old, or, if you are younger than 16 years old, have permission from your parent or guardian to register.
8.2 You agree to:
8.2.1 provide true, accurate, current and complete information about yourself as prompted by the site's registration form (the Registration Data); and
8.2.2 maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
8.3 If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or if you commit any breach of these terms or do anything that we, in our absolute discretion, believe may damage our reputation, our Partner’s reputation or that of the Website, we have the right to suspend or terminate your account and refuse any and all current or future use of any part or the entire Website without notice or liability to you.
8.4 Once you have registered you will be a Registered User of the Website.
8.5 You are responsible for any use of your account using your user name and/or password, for keeping your user name and password confidential and for logging out of your account at the end of each session. You agree to let us know immediately if you become aware of or suspect any unauthorised use of your account, user name and/or password. If you forget your password, you should click the “forgot password” link and a temporary password will be sent to your registered email address to allow you to regain access to our site and choose your own new password. You are responsible for any actions taken by a person who logs into the site using your user name and password.
9. TAKING A COURSE
9.1 Our Website may offer you the opportunity to apply to take a course, which may be delivered online or in person.
9.2 If you apply to take a course, your participation in the course will be governed by separate terms, a copy of which will be displayed to you when you make your application. This applies whether the course is delivered online or in person. However, if you do take an online course you will continue to be bound by these terms in addition to the course participation terms whilst using our Website to complete that course.
10. OUR LIABILITY
10.1 Our liability for losses you suffer as a result of us failing to comply with these terms or as a result of any other loss or damage that you suffer as a result of your use of this Website is strictly limited to £100.
10.2 We are not responsible for losses which are not reasonably foreseeable by you and us and even if such losses result from a deliberate breach of these terms by us.
10.3 We are also not responsible for any of the following types of losses that you may suffer as a result of your use of the Website:
10.3.1 loss of income or revenue;
10.3.2 loss of business;
10.3.3 loss of profits or contracts; or
10.3.4 loss of anticipated savings.
10.4 Nothing in these terms shall limit in any way our liability for:
10.4.1 death or personal injury caused by our negligence;
10.4.2 fraud or fraudulent misrepresentation; or
10.4.3 any other matter for which it would be unlawful for us to exclude, or attempt to exclude, our liability.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
All notices given by you to us must be given to the address or email set out at paragraph 1 above. We may give notice to you at either the email or postal address you provide to us when registering (or such updated email address or postal address as you may provide to us from time to time via the section of the Website which allows you to update your registration details). Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter (ten days if sent internationally). In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such e-mail was sent to the specified email address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 These terms are binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of your interest in these terms, or any of your rights or obligations arising under it, without our prior written consent.
14. OUR RIGHT TO VARY THESE TERMS
14.1 We have the right to revise and amend these terms from time to time without notice to you.
14.2 You will be subject to the policies and terms and conditions in force at the time that you access the Website.
15. LAW AND JURISDICTION
These terms and your use of the Website, together with any associated non-contractual disputes or claims, are governed by English law and you and we each hereby accept the exclusive jurisdiction of the English courts, save that if you live in a different country we may take action for interim relief or to enforce any judgment against you in the country in which you reside.
Course Participation Terms
Thank you for your interest in participating in one of our courses.
We have prepared these terms to explain your and our rights and obligations when you participate in a course, whether online or in person. Before you can complete your application, you need to read and agree to the terms set out in this document.
These terms form a legally binding agreement between you and us, so please read them carefully and only agree to them if you are prepared to be legally bound.
We recommend that you print a copy of these terms for your future reference.
2.1 Our courses are provided in conjunction with the World Curling Federation (our Partner).
2.2 Responsibility for the delivery of the courses rests with us and our Partner is not a party to the agreement between you and us nor are they responsible for how the course is provided. Any issues or queries that you have regarding our courses should be addressed to us in the first instance.
3. ABOUT YOU
3.1 Our courses are available to individuals who:
3.1.1 understand and accept these terms;
3.1.2 are legally capable of entering into binding contracts;
3.1.3 are at least 16 years old, or, if younger than 16 years old, have permission from their parent or guardian to register;
3.1.4 are (or are aiming to be) professionally involved in the sports industry; and
3.1.5 meet any eligibility criteria for that course indicated on the website or in the course information.
3.2 By applying to participate in a course you confirm that you fulfil the criteria set out in paragraph 3.1.
3.3 Your registration to participate in a course is personal to you and you must not allow any other person to participate in the course (whether online or in person) on your behalf. If you do wish to transfer your place to another person for any reason you must inform us and obtain our written consent. If we do agree, the person to whom you transfer your place will also be required to agree to these terms.
4. APPLYING TO PARTICIPATE IN A COURSE
4.1 If you are interested in participating in a course you should follow the application instructions on our website or in the course information provided to you.
4.2 For online courses you can normally apply through our website. If we are prepared to accept your application we will give you access to the online course (which will constitute our acceptance of your application).
4.3 For courses attended in person you may be able to apply online or may need to contact us. Your application will be considered accepted when you receive an email or letter confirming your place on the course.
4.4 Where you are applying for a course that is sponsored by our Partner (so that the Course Fee is to be paid by our Partner, not you - see paragraph 6.2 for more information) our acceptance of your application is conditional upon you being eligible to receive the sponsorship and upon our Partner agreeing to pay the Course Fee on your behalf.
5. PARTICIPATING IN A COURSE
5.1 It is your responsibility to make all arrangements necessary to participate in the course and you are primarily responsible for any costs or expenses incurred in attending. If our Partner has agreed to make any contribution towards these costs then you will need to arrange any reimbursement directly with our Partner.
5.2 If you are taking the course online, you must ensure that you have the necessary computer equipment to access and fully participate in the course. We cannot be responsible for technical errors caused by your own equipment.
5.3 If you are taking the course in person, you must:
5.3.1 make all necessary arrangements to attend at the venue promptly for the start of each session and for the full duration of any course;
5.3.2 make all necessary accommodation and transport arrangements and allow good time to take account of any transport disruptions;
5.3.3 conduct yourself at all times in accordance with any rules or guidelines imposed by the venue where the course is taking place or otherwise notified to you and in a polite, lawful and respectful manner to all other participants and persons present at the venue; and
5.3.4 not do anything which is likely to bring us or our Partner into disrepute or to otherwise cause us or our Partner to suffer any loss or damage.
5.4 We reserve the right to disqualify any individual from further participation in a course if that individual fails to fulfil any requirements within the required timescale or, where attending the course in person, fails (in our reasonable opinion) to comply with any other requirement of paragraph 5.3.
6.1 We provide the course in return for payment of a fee (the Course Fee).
6.2 In some cases, the Course Fee may be subsidised by our Partner. Where this is the case we agree to accept payment from our Partner on your behalf and we will make the necessary arrangements to obtain payment from our Partner. You should however check with our Partner as to whether there are any conditions attached to this subsidy.
6.3 Where you are responsible for paying the Course Fee, you will normally be required to pay the Course Fee before you can participate in the course. Accepted payment methods will be shown on the website or in the course information. You may be asked to make payment to an account in our name or in the name of our Partner. In either case however your payment obligation is (in law) to us and payment of the required sum to the appropriate account will satisfy this payment obligation.
7. COURSE CONTENT
7.1 The content of the course will be broadly as described on our website and in the course information. However, please be aware that the information provided in advance of your participation is an overview and is not intended as a complete description of the full content of the course.
7.2 Where you participate in an online course it is your responsibility to ensure that you properly review and access all of the content made available to you. Ensure that you follow any on-screen instructions or prompts.
7.3 Where you participate in a course in person, the actual content delivered may depend on various factors, for example on particular requirements notified to the course leader by participants and any questions raised, on the outcome of any events attended or viewed during the course, on any issues arising whilst the course is on-going (for example current events).
8. ASSESSED COURSES
8.1 Upon successful completion of an assessed course you may be entitled to receive a certification. Details of this will be shown on the website or in the course information. Our courses do not offer any certification other than those which are expressly identified. If you are in any doubt, please check with us before you enrol.
8.2 The benefits of, and terms applicable to, any certification will vary depending on which certification you obtain. Certification may be subject to expiry, revocation or modification in accordance with its terms. Please check with us or our Partner for more information.
8.3 We will (acting, where appropriate, in conjunction with our Partner) in each case determine the applicable assessment criteria for each certification. Details of these (to the extent we are able to disclose them to you) will be available upon request following your successful registration on the respective course. You must normally meet all applicable criteria to be awarded the certification.
8.4 The decision as to whether you have or have not met any applicable assessment criteria will be made in the first instance by us, our Partner and/or our appointed assessment representative. If you are dissatisfied with the original decision you may appeal in accordance with the relevant appeal procedure (a copy of which is available upon request). Any decision made on appeal is final.
8.5 We do not guarantee that participation in any course and/or receipt of any certification will guarantee any particular outcome. Outcomes depend on many factors outside of our control, such as your level of engagement with the course, your background knowledge, skills, ability and experience, your ability to learn and learning style and how you use and implement the knowledge and/or skills that we deliver/impart. We specifically do not guarantee that:
8.5.1 you will meet the assessment criteria and be awarded the applicable certification;
8.5.2 you will develop any particular knowledge, skill, ability or experience;
8.5.3 you will be able to obtain any job or role; and/or
8.5.4 you will be able to safely or competently perform any job or role related to the course (even if we have awarded you the applicable certification).
9. CHANGES AND CANCELLATIONS
9.1 If you need to withdraw your application to participate in a course (or withdraw from a course part way through) you must immediately notify us. Upon notifying us of your withdrawal your right to participate in the course (and to receive any certification associated with that course) will immediately end.
9.2 Where you do withdraw we will discuss your options with you. These may include allowing you to move to a different course or offering a refund of the Course Fee (or part of it), but this will depend on the circumstances in which you cancelled and we cannot guarantee that we will be able or prepared to move you to a different course or offer you a refund.
9.3 We will use all reasonable endeavours to avoid changing details of the course or cancelling the course. However, we reserve the right to do so where:
9.3.1 an act, omission or event occurs which is beyond our reasonable control which would make it impossible, impractical or economically unviable for us to deliver the course as expected, such as terrorist attack or other disturbance, extreme weather events, damage to or other unavailability of the planned venue, illness or other availability of the course leader, disruption to transport, malicious or unlawful acts or omissions of third parties or government intervention;
9.3.2 developments or events render some or all of the course content out-of-date, irrelevant or otherwise inappropriate to deliver;
9.3.3 we identify an error in the information available about the course on our website or in the course information; or
9.3.4 the number of people applying to participate in the course is not sufficient to make it practically or economically viable to deliver the course.
9.4 Where an event of a type described in paragraph 9.1 occurs, we will aim to make reasonable changes to enable the course to go ahead, and will only cancel the course where we do not believe it would be reasonably practicable to do so.
9.5 We will inform you as soon as reasonably practicable of any changes to (or cancellation of) the course and inform you of any options that you may have, such as moving to a different course. If we make a material change we will offer you the opportunity to withdraw from the course.
9.6 If we cancel the course, or we make a material change and you decide to withdraw, you will be entitled to a full refund of the Course Fee. If you paid the Course Fee yourself then the Course Fee will be refunded to you within a reasonable time, normally using the payment method you used to make the original payment. If our Partner paid the Course Fee on your behalf then the Course Fee will be refunded to our Partner.
9.7 The refund of your Course Fee as described in paragraph 9.6 is your only remedy for any change or cancellation made as described in this paragraph 9 and unfortunately we are unable to refund any other costs or expenses that you may incur as a result, such as forfeited transport or accommodation costs. We strongly recommend that, where possible, you select a booking option that allows for a refund if you cancel your booking.
10. YOUR PERSONAL INFORMATION
11. OUR LIABILITY
11.1 Our liability for losses you suffer as a result of us failing to comply with these terms or as a result of any other loss or damage that you suffer as a result of your participation in a course (whether for breach of contract, strict liability, tort (including negligence), misrepresentation or otherwise) is strictly limited to the greater of (a) £1,000 and (b) the Course Fee.
11.2 If the Course Fee is being paid on your behalf by our Partner you agree that if any refund of the Course Fee is required this payment will be made directly to our Partner, and that any refund made in this way shall satisfy our responsibility to refund the Course Fee and shall count towards the cap described in paragraph 11.1.
11.3 We are not responsible for losses which are not reasonably foreseeable by you and us and even if such losses result from a deliberate breach of these terms by us.
11.4 We are also not responsible for any of the following types of losses that you may suffer:
11.4.1 failure to achieve desired outcome of participation in the course (unless you can prove that this was a result of our failure to properly deliver the course);
11.4.2 loss of income or revenue;
11.4.3 loss of business;
11.4.4 loss of profits or contracts;
11.4.5 loss of anticipated savings; or
11.4.6 waste of management or office time.
11.5 Nothing in these terms shall limit in any way our liability for:
11.5.1 death or personal injury caused by our negligence;
11.5.2 fraud or fraudulent misrepresentation; or
11.5.3 any other matter for which it would be unlawful for us to exclude, or attempt to exclude, our liability.
12.1 If you need to get in contact with us, whether about a contractual matter or otherwise, please contact us at the email or postal address set out in paragraph 1.
12.2 We will contact you using the contact details you provide when you register for the course. It is therefore extremely important that you ensure these details are complete and accurate and immediately inform us if these change for any reason.
12.3 Any contractual notice sent in accordance with these terms will be deemed received 24 hours after an email is sent or three days after the date of posting of any letter (ten days if sent internationally). In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such e-mail was sent to the specified email address of the addressee.
13.2 The invalidity or unenforceability of any provision of or any part of a provision of or any right arising pursuant to these terms shall not in any way affect the remaining provisions or rights, which shall be construed as if such invalid or unenforceable part did not exist.
13.3 These terms apply whether you apply to participate in the course via our website or via other means, such as via email or phone.
13.4 These terms and your participation in the course, together with any associated non-contractual disputes or claims, are governed by English law and you and we each hereby accept the exclusive jurisdiction of the English courts, save that if you live in a different country we may take action for interim relief or to enforce any judgment against you in the country in which you reside.