Active-ClassTerms and conditions
Document version: 01-August-2021
Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.
Summary of some of your key rights
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that 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 2015 says:
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, summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
This contract sets 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 0&1 LTD; and
‘you’ or ‘your’ means the person using our site to 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 [email protected]
Who are we?
We are 0&1 LTD (trading as Active-Class), a company registered in England and Wales under company number: 10766525.
Our registered office is at: 12 Stonebridge Road, Canterbury, Kent, CT2 7LN, United Kingdom.
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
1.1 If you buy services on our site you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 When buying any services on our site you also agree to be legally bound by our website terms and conditions and any documents referred to in them;
All of the above documents form part of this contract as though set out in full here.
2 Information we give you
2.1 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. If you want to see this key information, please:
2.1.1 click on the ‘key information’ button;
2.1.2 read the acknowledgement email (see clause 4.3); or
2.1.3 contact us using the contact details at the top of this page.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 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 Your privacy and personal information
3.1 Our Privacy Policy is available at https://active-class.com/legal/privacy-policy.
3.2 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.
4 Ordering services from us
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 You place an order on the site by going into the pricing page, selecting a membership and paying for the membership. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
4.3 When you place your order at the end of the online checkout process (e.g., when you click on the ‘pay now’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.
4.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.4.1 we cannot carry out the services (this may be because, for example, we have a shortage of staff);
4.4.2 we cannot authorise your payment;
4.4.3 you are not allowed to buy the services from us;
4.4.4 we are not allowed to sell the services to you; or
4.4.5 there has been a mistake on the pricing or description of the services.
4.5 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
4.5.1 a legally binding contract will be in place between you and us; and
4.5.2 we will provide the services as agreed during the online checkout process.
4.6 If you are under the age of 18 you may not buy services from the site. You may not be able to buy certain services because you are too young.
5 Right to cancel
5.1 You have the 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 5.6 and 5.7 below.
5.2 The cancellation period will expire after 14 days from the day of the conclusion of the contract.
5.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g., a letter sent by email) using the contact details at the top of this page. You may use the model cancellation form available here [insert link to model cancellation form], but it is not obligatory.
5.4 You can also electronically fill in and submit the model cancellation form or any other clear statement on our website www.active-class.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g., by email) without delay.
5.5 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.
5.6 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.
5.7 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.
5.8 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 10 below.
6 Effects of cancellation
6.1 If you cancel this contract, we will reimburse to you all payments received from you unless you requested for us to start providing the services during the cancellation period, in which case you must pay us:
6.1.1 for the services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract; or
6.1.2 the full price under this contract, if you lost your right to cancel this contract because the services were fully performed (i.e., the work was completed) during the cancellation period.
6.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
6.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7 Carrying out of the services
7.1 We will carry out the services by the time or within the period agreed during the online checkout process and as set out in the Confirmation Email (see clause 4.5). If you and we have agreed no time or period, we will carry out the services within a reasonable time.
7.2 Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can start or restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to start or restart the services as soon as those events have been fixed.
8 Payment
8.1 We accept the following credit cards and debit cards: MasterCard and Visa as well as PayPal. We do not accept cash or cheques.
8.2 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 3) 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.
8.3 Your credit card, debit card or PayPal account will only be charged when the payment has been processed successfully.
8.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.
8.5 If your payment is not received by us in accordance with clause 8.3, we may terminate our services.
8.6 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.
8.7 All prices are in pounds sterling (£)(GBP) and do not include VAT.
9 Nature of the services
9.1 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:
9.1.1 where the price has not been agreed upfront, the cost of the services must be reasonable; and
9.1.2 where no time period has been agreed upfront for the provision of the services, we must carry out the services within a reasonable time.
10 Faulty services
10.1 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:
10.1.1 visit our webpage www.active-class.com;
10.1.2 contact us using the contact details at the top of this page; or
10.1.3 visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
10.2 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.
10.3 If the services we have provided to you are faulty, please contact us using the contact details at the top of this page.
11 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.
12 Limitation on our liability
12.1 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:
12.1.1 losses that were not foreseeable to you and us when the contract was formed;
12.1.2 losses that were not caused by any breach on our part;
12.1.3 business losses; or
12.1.4 losses to non-consumers.
13 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
14 Disputes
14.1 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.
14.2 Relevant United Kingdom law will apply to this contract. If you want to take court proceedings, the courts of the region of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.