TERMS AND CONDITIONS
Please read the following important terms and conditions (Terms and Conditions, Terms, Agreement or Contract) before you become a Member with us or buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to. These Terms and Conditions constitute a valid and legally binding agreement between you and The Fountain Fleet CIC.
YOUR KEY INFORMATION
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after entering into a contract for services, in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used.
The Consumer Rights Act 2015says:
· you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
· if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
· if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
Your Membership is for the Membership Tier as selected by you and agreed between us by means of the Website (Membership Tier).
Please note that your Membership will continue to renew indefinitely, and you will continue to incur Membership Fees, unless you notify us that you want to cancel your Membership in accordance with clause 10. Please ensure you contact us if you want to cancel your Membership.
HOW THESE TERMS WORK
These T&Cs set out:
· your legal rights and responsibilities;
· our legal rights and responsibilities; and
· certain key information required by law.
In this Contract:
· ‘we’, ‘us’ or ‘our’ means The Fountain Fleet CIC; and
· ‘you’, ‘your’ or ‘Member’ means the person using our Website to sign up as a Member and/or buy services from us.
If you have any questions about this contract or any orders you have placed, please contact us by:
· sending an email to info@fountainclub.co.uk; or
· filling out and submitting the online contact form available at www.fountainclub.co.uk/contact;
Who are we?
· We are The Fountain Fleet CIC (trading as The Fountain Fleet), a community interest company registered in England and Wales under company number: 17100497 with registered office The Gate House, 5 Chapel Place, London, England, EC2A 3DQ.
The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.
1 INTRODUCTION/READING AND ACCEPTING THESE TERMS
(a) In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.
(b) By clicking the tick box, clicking the ‘I accept these Terms’ button on our Website, paying for your Membership, or otherwise accepting the benefit of any part of your Membership, you agree to be bound by these Terms, which form a binding contract between us and you as the parent or legal guardian purchasing the Membership for the child or children identified in your account.
(c) This contract is only available in English. No other languages will apply to this contract.
(d) We may amend these Terms from time to time where this is reasonably necessary to:
(i) comply with applicable law, regulation or regulatory guidance;
(ii) reflect changes to our safeguarding, health and safety, operational or security requirements;
(iii) make minor technical adjustments, improvements or corrections, including to correct obvious errors; or
(iv) reflect changes to our services, systems or business operations, provided that such changes do not materially reduce the main benefits of your Membership.
We will give you reasonable prior notice of any material changes to these Terms. If a change is materially adverse to you, you may cancel your Membership by giving us written notice before the change takes effect. If you do not cancel before the relevant change takes effect and you continue to use the Membership after that date, you will be treated as having accepted the amended Terms.
(e) When buying any services on our site you also agree to be legally bound by:
(i) our website terms and conditions and any documents referred to in them;
(ii) extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you reasonable notice. You can end this contract at any time by providing notice if we tell you extra terms apply; and
(iii) specific terms which may apply to certain services, which will be communicated to you during the online checkout process.
All of the above documents form part of these Terms and Conditions as though set out in full here.
2 INFORMATION WE GIVE YOU
(a) By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This information is set out at the start of these Terms and Conditions and elsewhere throughout our website. If you cannot access this information for any reason, you are welcome to contact us using the functionality on the website and we will provide you with a copy of this information.
(b) The key information we give you by law forms part of this contract (as though it is set out in full here).
(c) If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 DURATION OF YOUR MEMBERSHIP
(a) Your Membership and these Terms commence on the date we send you the Confirmation Email accepting your order (as set out at the beginning of these Terms) and continues on a rolling monthly basis unless and until ended in accordance with these Terms.
(b) Your Membership will automatically renew each month on the same date as the date on which it commenced, or on such other monthly billing date as we notify you (each a Renewal Date), unless cancelled in accordance with these Terms.
(c) Either party may end your Membership by giving written notice before the next Renewal Date. If notice is given, your Membership will continue until the end of the then-current monthly period and will then end on the next Renewal Date, unless these Terms provide for earlier suspension or termination.
4 ELIGIBILITY
(a) You warrant that you have the legal capacity and are of sufficient age to enter into a binding contract with us. You acknowledge and agree that you must be at least 18 years of age to hold a Membership.
(b) You represent and warrant that:
(i) you are the parent or legal guardian of the child who will use the Services, or otherwise have full authority to enter into this Agreement and make bookings on that child’s behalf;
(ii) you authorise us and our riders to collect, supervise and transport the child in accordance with the relevant booking and these Terms;
(iii) you authorise us and our riders to hand the child over to the authorised recipient(s) nominated by you in accordance with these Terms; and
(iv) you have provided, and will keep updated, all information reasonably required to enable us to deliver the Services safely and properly, including details of any medical conditions, allergies, behavioural or access needs, safeguarding concerns, emergency contacts, and collection and handover arrangements.
5 YOUR MEMBERSHIP
5.1 SCOPE
(a) Your Membership includes the benefits and limitations of your Membership Tier as set out on our Website, or as otherwise communicated to you when you sign up for your Membership (and as amended from time to time by notice to you).
(b) We may offer different Membership Tiers from time to time, including (where applicable) ‘Fleet School’ and ‘Fleet Plus’. Each Membership Tier may have different features, service descriptions, service areas, routes, booking requirements, availability windows, usage limits, payment terms, renewal arrangements and cancellation terms. The specific details of the Membership Tier selected by you, as made available on our Website at the time of booking, during the online checkout process and in the Confirmation Email, will apply to your Membership and form part of this contract.
(c) Where the Membership Tier selected by you includes term-based bookings or reserved time slots:
(i) bookings must be made in advance for the relevant school term or other booking period specified for that Membership Tier;
(ii) all bookings and time slots are subject to availability, capacity, route coverage and our acceptance;
(iii) your Membership gives you the right to request bookings in accordance with the relevant Membership Tier, but does not guarantee any particular route, time slot, collection arrangement or destination unless and until we confirm it;
(iv) if you join part way through a school term or other booking period, we may accept your Membership for the remaining part of that term or period only, and the fees payable will be those applicable to the remaining weeks or other remaining portion, as notified to you during the booking process;
(v) any booking windows, cut-off dates, change deadlines or notice requirements applying to the relevant Membership Tier will be those stated on our Website or otherwise communicated to you before your booking is accepted; and
(vi) different Membership Tiers may operate on different booking models, including term-based, recurring or ad hoc arrangements.
(d) Where the Membership Tier selected by you includes reserved time slots, recurring school-term bookings or other pre-booked service commitments, we may require a minimum notice period for cancelling, changing or ending those booked services. Unless otherwise stated for the relevant Membership Tier during the booking process, that notice period will be 6 weeks before the start of the next affected booking period, term or reserved slot cycle. Where such a notice period applies:
(i) it applies only to the cancellation or amendment of the relevant booked services or reserved time slots, and not to the exercise of any statutory cancellation rights under clause 8;
(ii) it will be clearly stated on our Website or otherwise communicated to you before your booking is accepted;
(iii) if you give notice after the applicable deadline, the cancellation or change will take effect from the next booking period, term or slot cycle after the notice period has expired; and
(iv) your Membership Fees and any charges relating to the affected booked services will remain payable during the applicable notice period, unless we agree otherwise in writing or a refund is required by law.
5.2 ACCOUNTS
(a) (Accounts) To use the Membership, you may be required to sign-up, register and receive an account through the Website (an Account).
(b) (Provide Information) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, profile information, payment details, verified identifications, verified certifications and authentication, and other information as determined by us from time to time.
(c) (Warranty) You warrant that any information you give to us in the course of completing the Account registration process is accurate, honest, correct and up-to-date.
(d) (Acceptance) Once you complete the Account registration process, we may choose whether to accept your registration and provide you with an Account, acting reasonably and having regard to operational, safeguarding, legal and eligibility considerations.
5.3 CHILD INFORMATION AND PARENT RESPONSIBILITIES
(a) You must provide us with complete, accurate and up-to-date information in relation to:
(i) your child’s full name, age and any other information reasonably requested by us;
(ii) the child’s school, agreed collection arrangements, collection point and usual collection times;
(iii) the child’s home address, club or other agreed destination details, and any relevant handover instructions;
(iv) the name, contact details and authority of any person authorised to receive the child at handover; and
(v) emergency contact details and any other information reasonably required by us for the safe and proper delivery of the Services.
(b) You must disclose to us, before the Services begin and promptly upon becoming aware of any change, all information reasonably relevant to the safe transport, supervision and handover of your child, including:
(i) any medical conditions, allergies or injuries;
(ii) any medication, health support or emergency response requirements;
(iii) any special educational needs, disabilities, mobility requirements or other access needs;
(iv) any behavioural, emotional or communication needs;
(v) any safeguarding concerns, court orders, restrictions or collection sensitivities; and
(vi) any other matter which may reasonably affect the safe and proper delivery of the Services.
(c) You must ensure that all information provided to us under this clause remains accurate and up to date at all times, and you must notify us as soon as reasonably practicable of any change to that information.
(d) You must notify us in accordance with our stated deadlines or procedures of:
(i) any child absence;
(ii) any change to the child’s school, collection point, destination or scheduled booking;
(iii) any change to authorised recipients or emergency contacts; and
(iv) any other change which may affect the provision of the Services.
(e) You must ensure that your child is ready for collection and appropriately dressed and prepared for the journey, having regard to the weather, the nature of cycle transport and any safety equipment or requirements notified by us.
(f) Where the relevant booking requires handover to a parent, guardian or other authorised recipient, you must ensure that an authorised recipient is available at the agreed handover location and time.
(g) We may rely on the information you provide to us under these Terms. We shall not be liable for any delay, disruption, failed collection, failed handover, additional cost or other issue arising from any information provided by you being inaccurate, incomplete or out of date, except to the extent caused by our breach of these Terms or negligence.
6 SERVICES
6.1 OUR SERVICES
(a) The Fountain Fleet CIC is a children’s school collection and supervised transport service operating in West London. We provide pre-arranged school collection and transport for children using electrically assisted cargo bikes (Services).
(b) The Services are pre-arranged and must be booked by a parent or legal guardian through our Website. The Services are delivered by trained, DBS-checked riders in accordance with our safeguarding and safety procedures.
(c) Our Website enables parents and legal guardians to register their details and their child’s details, make and manage bookings, manage account information, make secure online payments, and access relevant policies, safeguarding information and service updates.
(d) The Website and Services are directed to parents and legal guardians only. We do not knowingly collect personal data directly from children through our Website.
6.2 ORDERING SERVICES FROM US
(a) Below, we set out how a legally binding contract between you and us is made.
(b) You place an order by using the functionality on the website. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
(c) When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.
(d) We may contact you to say that we do not accept your order. This is typically for the following reasons:
(i) we cannot carry out the services (this may be because, for example, we have a shortage of staff);
(ii) we cannot authorise your payment;
(iii) you are not allowed to buy the services from us;
(iv) we are not allowed to sell the services to you; or
(v) there has been a mistake on the pricing or description of the services.
(e) We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
(i) a legally binding contract will be in place between you and us; and
(ii) we will provide services as agreed during the online checkout process.
6.3 COLLECTION, SUPERVISION AND HANDOVER
(a) We will collect the child from the agreed school, collection point or other agreed location in accordance with the relevant booking.
(b) Our responsibility for the child begins when the child is physically handed over into the care of our rider by the school or by another person authorised to release the child to us at the agreed collection point.
(c) Our responsibility for the child ends when the child is physically handed over by our rider to:
(i) the parent or legal guardian;
(ii) another adult authorised by you and notified to us in accordance with these Terms; or
(iii) the responsible contact at the child’s agreed club, activity, destination or other handover location specified in the relevant booking.
(d) We are not responsible for the child:
(i) before the child has been handed over to our rider in accordance with clause 6.3(b); or
(ii) after the child has been handed over by our rider in accordance with clause 6.3(c).
(e) If:
(i) the child is absent;
(ii) the child is not made available for collection;
(iii) the school or other responsible person does not release the child to us;
(iv) the collection details provided by you are inaccurate, incomplete or out of date; or
(v) we are unable to carry out the collection safely for reasons beyond our reasonable control,
we may treat the relevant journey as cancelled or not delivered, and we shall not be responsible for any resulting loss, delay or disruption except to the extent caused by our breach of these Terms or negligence.
(f) If no parent, legal guardian, authorised recipient or other responsible contact is available to receive the child at the agreed handover location, we may take such steps as we reasonably consider necessary in the circumstances to protect the child’s safety and wellbeing, including attempting to contact you, your emergency contacts, the school, the club or activity provider, or relevant authorities or emergency services where appropriate.
(g) Where clause 6.3(f) applies, you will be responsible for any reasonable additional costs properly incurred by us as a result of the failed or delayed handover, to the extent that the failed or delayed handover was caused by your act or omission, inaccurate information, or failure to comply with these Terms.
(h) You must ensure that all collection and handover arrangements, including authorised recipient details and destination information, are accurate, complete and kept up to date at all times.
6.4 SAFETY EQUIPMENT AND BEHAVIOUR
(a) You must ensure that your child complies with all reasonable safety requirements notified by us from time to time in connection with the Services, including requirements relating to helmets, high-visibility clothing, appropriate footwear, weather-appropriate clothing and any other safety equipment or measures reasonably required for cycle transport.
(b) We may require your child to wear or use specified safety equipment while using the Services, and you must ensure that your child cooperates with any reasonable safety instructions given by us or our riders.
(c) We may refuse to collect or transport your child, or may stop or suspend a journey, where we reasonably believe that:
(i) your child is not wearing or using required safety equipment;
(ii) your child is not appropriately dressed or prepared for the journey;
(iii) your child’s behaviour presents, or is reasonably likely to present, a risk to their own safety, the safety of other children, our riders or any other person; or
(iv) it would otherwise be unsafe or inappropriate for us to carry out the journey.
(d) You must ensure, so far as reasonably possible, that your child behaves in a way which is safe and appropriate for the nature of the Services and does not create a risk of injury, distraction or disruption during collection, transport or handover.
(e) If we refuse, stop or suspend a journey under clause 6.4(c), we will take such reasonable steps as are appropriate in the circumstances to protect the child’s safety and wellbeing, including contacting you or your emergency contacts where necessary.
(f) Repeated unsafe behaviour, serious disruption, or repeated failure to comply with reasonable safety requirements may result in the suspension or termination of the Services in accordance with these Terms.
6.5 DELAYS, DISRUPTIONS AND SERVICE CHANGES
(a) We will use reasonable endeavours to provide the Services in accordance with the relevant booking, but you acknowledge and agree that, due to the nature of child collection and cycle transport services, we cannot guarantee exact collection or delivery times.
(b) The Services may be delayed, disrupted, suspended, rearranged or cancelled where reasonably necessary due to circumstances including:
(i) traffic congestion, accidents or other travel disruption;
(ii) severe weather or adverse road, pavement or cycling conditions;
(iii) road closures, bridge closures, diversions or restrictions affecting the route;
(iv) protests, public events, police activity or other incidents affecting access or safety;
(v) mechanical issues, breakdown, damage to a bike or failure of equipment;
(vi) rider illness, injury or unexpected unavailability;
(vii) school delays, changes to school release arrangements, or a child not being made available for collection on time;
(viii) safeguarding concerns, safety incidents or emergencies; or
(ix) any other event or circumstance beyond our reasonable control, or where we reasonably consider that proceeding with the journey would be unsafe or impracticable.
(c) Where reasonably necessary in the circumstances, we may:
(i) alter the route for a journey;
(ii) delay collection or handover;
(iii) suspend, rearrange or shorten a journey;
(iv) arrange an alternative collection or handover procedure; or
(v) cancel the relevant journey or Services.
(d) We will use reasonable endeavours to notify you as soon as reasonably practicable of any material delay, disruption, suspension, rearrangement or cancellation affecting the Services.
(e) We will not be liable for any delay, disruption, suspension, rearrangement or cancellation of the Services to the extent caused by circumstances set out in clause 6.5(b), provided that we have acted reasonably in the circumstances and have used reasonable endeavours to mitigate the impact of the relevant event.
(f) Where a journey is cancelled or materially affected under this clause, any refund, credit or rescheduling shall be dealt with in accordance with these Terms or, where these Terms do not address the position expressly, as we reasonably determine in the circumstances having regard to the nature of the disruption and the extent of the Services provided.
6.6 EMERGENCIES AND SAFEGUARDING
(a) You authorise us, our riders and our personnel, where reasonably necessary in the circumstances, to take such action as we consider appropriate to protect the safety, welfare or safeguarding of your child or any other child using the Services.
(b) Without limiting clause 6.6(a), you authorise us, where reasonably necessary:
(i) to contact you and any emergency contact nominated by you;
(ii) to contact the child’s school, club, activity provider or any other relevant handover contact;
(iii) to seek, obtain or arrange emergency medical assistance, treatment or advice for your child;
(iv) to contact the emergency services, local authority, safeguarding body or any other relevant authority; and
(v) to share relevant information relating to you or your child with any person or organisation referred to in this clause where reasonably necessary for safety, welfare or safeguarding purposes.
(c) You must ensure that all emergency contact details and other information relevant to your child’s safety, welfare and safeguarding are accurate, complete and kept up to date at all times.
(d) We will use reasonable endeavours to contact you as soon as reasonably practicable if we take any material action under this clause in relation to your child, unless we are prevented from doing so by urgency, safeguarding concerns, legal reasons or circumstances beyond our reasonable control.
(e) Any action taken by us under this clause must be reasonable and proportionate in the circumstances and does not limit any obligations you have under these Terms to provide accurate information and appropriate emergency contact details.
7 FEES AND PAYMENT
7.1 MEMBERSHIP FEES
(a) You must pay membership fees to us in the amounts specified on the Website for your Membership Tier, or as otherwise agreed in writing (Membership Fees).
(b) All Membership Fees must be paid in advance and are non-refundable for change of mind to the fullest extent permitted by law.
(c) Unless otherwise agreed in writing, Membership Fees are payable monthly in advance for the duration of your Membership, with the first payment due on the date your Membership starts and subsequent payments due on each monthly renewal date.
7.2 AUTOMATIC RECURRING BILLING
(a) Your Membership is a rolling monthly membership and will continue automatically unless and until ended in accordance with these Terms.
(b) Membership Fees will be charged monthly in advance using the payment method you nominated when you registered for your Account.
(c) By purchasing a Membership, you authorise us to charge the applicable Membership Fees to your nominated payment method on a recurring monthly basis unless and until your Membership is cancelled or otherwise ended in accordance with these Terms.
(d) It is your responsibility to ensure that your payment details are accurate and up to date at all times.
(e) This clause 7.2 relates to recurring billing only and does not affect:
(i) your statutory right to cancel within the 14-day cancellation period under clause 8; or
(ii) your right to end your Membership on an ongoing basis in accordance with clause 10.
7.3 GRACE PERIOD
If you do not cancel your Membership before a monthly renewal date and a further monthly Membership Fee is charged, you may cancel your Membership within 10 Business Days after that renewal date (Grace Period). If you do so, you may contact us through our Website to request a refund of the Membership Fee charged for that renewed monthly period.
7.4 CHANGES TO MEMBERSHIP FEES
We may change our Membership Fees from time to time by giving you at least 10 Business Days’ prior notice. During that notice period, you may cancel your Membership before the new Membership Fees take effect. If you do not cancel before the change takes effect, the Grace Period in clause 7.3 will apply.
7.5 LATE PAYMENTS
We reserve the right to suspend all or part of the Membership indefinitely if you fail to pay any Membership Fees in accordance with this clause 7.
7.6 ONLINE PAYMENT PARTNER
(a) We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect Membership Fees.
(b) You acknowledge and agree that:
(i) the processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner, which can be found at: https://stripe.com/gb/legal/ssa;
(ii) payment processing services are provided by the Online Payment Partner and are also subject to that provider’s own terms and privacy policy. We are not responsible for any act or omission of the Online Payment Partner except to the extent that the relevant loss arises from our own breach of these Terms, negligence, or other liability which cannot lawfully be excluded or limited; and
(iii) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
7.7 GENERAL
(a) We accept the all credit cards and debit cards except American Express. We do not accept cash or cheques.
(b) We will do all that we reasonably can to ensure that all of the information you give us when paying for the services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 16) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
(c) All payments by credit card or debit card need to be authorised by the relevant card issuer.
(d) Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 8 and 9.
(e) All prices are in pounds sterling (£)(GBP) and, if applicable, include VAT at the applicable rate.
8 STATUTORY RIGHT TO CANCEL DURING THE 14-DAY CANCELLATION PERIOD
(a) If you enter into this contract as a consumer at a distance, you have the legal right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the services during the cancellation period and the services are fully performed (i.e. the work is completed) during this period. This is further explained in clauses 8(d) and 8(e) below.
(b) The cancellation period will expire after 14 days from the day on which you enter the contract for services.
(c) To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement to us, for example by emailing us using the contact details available on our website. You are not obliged to use the model cancellation form.
(d) To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
(e) We will not start providing the services during the 14-day cancellation period unless you ask us to. When you place an order for services, you will be given the option to tick a box to request for us to start providing the services during the cancellation period. By ticking the box, you acknowledge that you will lose your right to cancel this contract once the services are fully performed (i.e. the work is completed). If you do not tick the box, we will not be able to start providing the services to you until the cancellation period has expired. We are not obliged to accept your request.
(f) This means that if you requested for us to start providing the services during the cancellation period and the services are fully performed (i.e. the work is completed) during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.
(g) This does not affect the rights you have if your services are faulty. A summary of these rights is provided at the top of this page. See also clause 13 below.
(h) This clause 8 relates only to your statutory cancellation rights during the 14-day cancellation period and does not affect your right to end your Membership on an ongoing basis under clause 10.
9 EFFECTS OF STATUTORY CANCELLATION
(a) If you cancel this contract under clause 8, we will reimburse to you all payments received from you, subject to clause 9(b).
(b) If you asked us to start providing the Services during the 14-day cancellation period, you must pay us:
(i) for the Services provided up to the time you told us that you wanted to cancel this contract, which will be an amount in proportion to the Services supplied up to that point compared with the full price of the contract; or
(ii) the full price under this contract, if you lost your right to cancel because the Services were fully performed during the cancellation period after you expressly requested that we begin performance within that period.
(c) We will make any reimbursement due under this clause without undue delay, and in any event not later than 14 days after the day on which we are informed of your decision to cancel.
(d) We will make any reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, and you will not incur any fees as a result of the reimbursement.
10 ORDINARY CANCELLATION, SUSPENSION AND TERMINATION
10.1 YOUR RIGHT TO END YOUR MEMBERSHIP
(a) You may cancel your Membership at any time by giving us written notice by email or through the contact details or account functionality specified on our Website.
(b) Unless we agree otherwise in writing, your cancellation will take effect at the end of the current monthly Membership period, provided that you give notice before the next monthly renewal date.
(c) If you cancel your Membership, you will continue to have access to the Membership and Services until the end of the monthly period for which you have already paid, unless these Terms provide for earlier suspension or termination.
(d) Membership Fees are non-refundable except:
(i) as expressly set out in clauses 8 and 9;
(ii) where these Terms expressly provide otherwise; or
(iii) where a refund is required by law.
10.2 OUR RIGHT TO SUSPEND THE MEMBERSHIP
(a) We may suspend your Membership, any booking, or the provision of any Services immediately if reasonably necessary:
(i) because you fail to pay any Membership Fees when due;
(ii) because any information provided by you is inaccurate, incomplete or out of date;
(iii) to protect the safety, wellbeing or safeguarding of any child, rider or other person;
(iv) where there is a serious or repeated breach of these Terms;
(v) where there is abusive, threatening or inappropriate conduct towards our staff or riders; or
(vi) where operational, legal, regulatory or safeguarding reasons reasonably require us to do so.
(b) Where reasonably practicable, we will notify you of any suspension and the reasons for it.
(c) During any period of suspension, your obligation to pay Membership Fees will continue unless we notify you otherwise or unless the suspension arises solely due to our act or omission and not because of any matter referred to in clause 10.2(a).
10.3 OUR RIGHT TO TERMINATE THE MEMBERSHIP
(a) We may end your Membership immediately by written notice if:
(i) you fail to pay any Membership Fees and do not remedy that failure within a reasonable period after we notify you;
(ii) you commit a serious breach of these Terms;
(iii) you repeatedly breach these Terms;
(iv) we reasonably consider that continuing to provide the Services would create an unacceptable safety or safeguarding risk; or
(v) it becomes unlawful or impracticable for us to continue providing the Membership or Services.
(b) We may also end your Membership for convenience by giving you reasonable written notice.
(c) If we end your Membership under clause 10.3(a), we may cancel any future bookings and no refund will be due for any period already provided, subject always to your statutory rights.
(d) If we end your Membership under clause 10.3(b), we will refund any Membership Fees paid in advance for any period after the termination takes effect.
11 EFFECT OF CANCELLATION OR TERMINATION
(a) On cancellation or termination of your Membership under these Terms:
(i) your right to receive future Services under the Membership will end on the effective date of cancellation or termination;
(ii) any Membership Fees or other sums properly due to us up to that date will remain payable;
(iii) except where these Terms expressly state otherwise or where a refund is required by law, no refund will be due for any unused part of the current monthly Membership period; and
(iv) any provisions of these Terms which are intended to continue after cancellation or termination will remain in force.
(b) Cancellation or termination of your Membership does not affect any rights, remedies, obligations or liabilities which have accrued before the effective date of cancellation or termination.
12 NATURE OF THE SERVICES
(a) The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The services that we provide to you must be carried out with reasonable care and skill. In addition:
(i) where the price has not been agreed upfront, the cost of the services must be reasonable; and
(ii) where no time period has been agreed upfront for the provision of the services, we must carry out the services within a reasonable time.
13 FAULTY SERVICES
(a) Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
(i) visit our webpage:
(ii) contact us using the contact details at the top of this page; or
(iii) visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
(b) Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
(c) If the services we have provided to you are faulty, please contact us using the contact details at the top of this page.
14 END OF THE CONTRACT
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
15 LIMITATION ON OUR LIABILITY
(a) Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
(i) losses that were not foreseeable to you and us when the contract was formed;
(ii) losses that were not caused by any breach on our part;
(iii) business losses; or
(iv) losses to non-consumers.
(b) To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to our Website, these Terms, the Membership, the Services or any other services provided by us, is limited to the total fees paid to us by you in the 6 months preceding the first event giving rise to the relevant liability.
(c) All express or implied representations and warranties in relation to the Membership and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded. We specifically make no representations or warranties of any kind, express or implied, about the completeness, use for any specific purpose, accuracy, reliability, suitability, or availability, of the Membership, the Services or the Membership Content.
(d) (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i) breach of any of these terms;
(ii) use of the Membership and/or the Services or Membership Content;
(iii) violation of our intellectual property rights;
(iv) violation of any of your obligations under any applicable data protection legislation; or
(v) use of any services provided by us.
(e) Nothing in these terms or any service order will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
16 INTELLECTUAL PROPERTY
(a) We or our licensors own all intellectual property rights in our Website and in any materials, documents, branding, logos, policies, text, images and other content made available by us in connection with the Membership or the Services.
(b) We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our Website and any such materials solely for your personal, non-commercial use in connection with your Membership and receipt of the Services.
(c) You must not copy, reproduce, distribute, publish, adapt, modify, exploit or otherwise use any part of our Website or materials for any commercial purpose without our prior written consent, except to the extent permitted by law.
(d) Nothing in these Terms transfers any intellectual property rights to you, except for the limited right to use them as expressly set out in this clause.
(e) Any feedback, suggestions or comments you provide to us in relation to the Website, Membership or Services may be used by us without restriction and without any obligation to compensate you.
17 YOUR PRIVACY AND PERSONAL INFORMATION
(a) Our Privacy Policy is available at https://www.thefountain.uk/privacy-policy
(b) Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
(c) In connection with your Membership and the provision of the Services, we may collect, record, store, use and share personal information relating to you and your child to the extent reasonably necessary for:
(i) creating and administering your account;
(ii) processing bookings and managing Memberships;
(iii) arranging and delivering collection, supervision, transport and handover services;
(iv) protecting the safety, welfare and safeguarding of children and other service users;
(v) responding to accidents, incidents, emergencies or medical situations;
(vi) communicating with you about the Services;
(vii) taking and processing payments, maintaining billing records and administering our business; and
(viii) complying with our legal and regulatory obligations.
(d) We may, where reasonably necessary for the purposes set out above, share relevant personal information with:
(i) our riders and personnel;
(ii) schools, clubs, activity providers and other agreed handover contacts;
(iii) emergency contacts nominated by you;
(iv) medical professionals, emergency services, local authorities or safeguarding bodies; and
(v) our payment providers, booking system providers, IT providers, storage providers and other service providers who process personal information on our behalf.
(e) We will process personal information in accordance with applicable data protection law and our Privacy Policy. You must ensure that all personal information you provide to us is accurate, complete and kept up to date, and that you have all necessary authority to provide us with personal information relating to your child and any emergency contacts or authorised recipients named by you.
18 DISPUTES
(a) We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the services we have provided, or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
(b) Our Complaint Handling Policy can be accessed here https://www.fountainclub.co.uk/complaintpolicy
(c) If a dispute cannot be resolved in accordance with our Complaint Handling Policy or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
19 NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the country whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that country; or
(ii) when replied to by the other party,
(iii) whichever is earlier.
20 FORCE MAJEURE
(a) If we become unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to an event beyond our reasonable control, the relevant obligation will be suspended to the extent that it is affected by the event.
21 GENERAL
21.1 GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
21.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
21.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
21.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
21.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
21.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
21.7 THIRD PARTY RIGHTS
No one other than a party to this contract has any right to enforce any term of this contract. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
21.8 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
21.9 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to £, or “pound”, is to pound sterling (GBP), unless otherwise agreed in writing;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (website) a reference to Website will also include a reference to the Membership where appropriate;
(k) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(l) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.