Policies

Terms and Conditions
- MEMBERSHIP

TERMS AND CONDITIONS OF ACCESS TO WEBSITE AND CONDITIONS OF MEMBERSHIP SUBSCRIPTION ("TERMS AND CONDITIONS")

1. Introduction

1.1 Please read these Terms and Conditions carefully as they form the basis of the contract between us. We are Boxology® Academy, company number 105223458 with the registered office at 141 Kilburn Park Road, London, NW6 5LD, and operating from Third Space, 67 Brewer St, London, W1F 9US. These Terms and Conditions tell you information about us and the legal Terms and Conditions on which you will be applying to (a) enter a contract to purchase our MEMBERSHIP SUBSCRIPTION by enrolling on one or more of our courses or membership subscription ('Application') and (b) use the section of our website www.boxology.online or www.boxology.academy reserved for successful applicants.  When your Application has been accepted by us (‘Enrolled' or ‘Enrolment') you will be granted access to digital content and/or learning services relating to the course/s or membership on which you have Enrolled (‘Membership Materials'). By accessing the Boxology Materials you are giving your express consent for our service to you to commence immediately and you acknowledge that you will immediately lose the right to cancel your Enrolment for that month. By making your Application you are agreeing to enter into a financial commitment. Boxology® Academy strongly recommends that prior to Enrolment you satisfy yourself you fully understand and are able to comply with that commitment.

For a summary of some of the key features of these Terms and Conditions see Key Information at the end. The key features are not intended to replace the Terms and Conditions below which you should read carefully.

1.2 A ‘month’ means a period beginning in one calendar month and ending in the next calendar month on the day numerically corresponding to the day of the calendar month on which it started.

1.3  If you access Membership Materials, you acknowledge that you will lose the right to cancel your Enrolment for that month.  If there is anything you are unclear about or if you have any questions, please contact us immediately by telephone or e-mail, details of which can be found in the contact section of our website.

1.4 Once a membership has been designated to a participant and that participant accesses the Membership Materials, the place cannot be transferred to another participant.  Boxology® is under no obligation to transfer a place to another participant.

1.5 Without prejudice to the above, by Enrolling, you agree to be legally bound by these Terms and Conditions.

1.6 If you do not wish to be bound by these Terms and Conditions, then you will not be Enrolled.

1.7 The headings in these Terms and Conditions are for convenience only and shall not affect its interpretation.

 2. Nature of Our Website

2.1 Our website is a place for you to make your application. Details of the current courses and fees you will be required to pay are shown on our website. Our fees may change at any time, but you will be be given prior notice if this happens. You will be given the option to cancel your membership if you do not agree to the new fees.

 3. Application, Enrolment and Fees

3.1 Your application will need to follow the procedures set out on our website or instructed by us.

3.2 Details of the amounts payable by you (fees) and the procedures for payment are displayed on our website. By enrolling you are agreeing to be responsible for the payment of the applicable fees in full. You are responsible for ensuring any cost incurred in making such payment including but not limited to bank fees or transfer charges is paid by you and not us. In the event we do not receive payment of fees in full we reserve the right to suspend access to the Membership Materials at any time until such time that we do.

3.3 Boxology® is entitled to refuse any application made by you or on your behalf. If your application is accepted, Boxology® acceptance of your application will be notified to you by Boxology® electronically (“the Enrolment Notification”). This will normally happen when arrangements for full payment for the Membership Materials have been made by you or on your behalf and been confirmed as satisfactory by Boxology® or any third party acting on our behalf. At that time the contract between us will come into force immediately and you will be considered to be enrolled. The enrolment notification, which will be sent to the e-mail address you gave us on your application, will normally be sent to you when we (or any third party acting on our behalf) receive payment in full for the course. 

3.4 You undertake that all details you provide to us (or any third party acting as our agent) at any time including but not limited to your application will be correct; that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the monthly membership on which you have enrolled.

4. Withdrawal and Access to Membership Materials

4.1 Upon Enrolment you will be granted access to Membership Materials.

4.2 Your ability to withdraw from the Membership must be given by notification via email to info@boxology.academy 7 days prior to the membership monthly charge date.

4.3 Once the withdrawal has been received, we will confirm via email.

4.4 You will lose all access to Membership Materials on the date your next membership payment.

4.5 If you do not inform us 7 days prior to your agreed payment date for membership, we will charge you for the following month, and you will be given access to the membership content for another month.

4.6 Any fees charged to Boxology® for late cancellations by your bank or agreed payment source, will be paid by you.

4.7 You must cancel your class booking within 24 hours of the class commencement time, otherwise you will lose your credit for that class, and it will be taken from your allocated amount of monthly class allowance. There is no roll over of unused classes onto the next month, you must use your allocated amount of classes within the month given.

 5. Computer specification, software support and alterations to the website, courses and the awarding organisation

5.1 You are responsible for ensuring you have suitable internet connectivity and download speed, and for providing and maintaining suitable computer equipment, communications equipment and software (including software updates if required) necessary to gain access to our website and the course materials. Upon request, Boxology® will provide you with a list of free software that you will need to access the Membership Materials and that you can install prior to enrolling so that you can test the suitability of the computer, equipment and software you will be using.

5.2 If you are using the computer of a third party (e.g. your employer), it is your responsibility to ensure that you have the necessary consent to do so. If your circumstances change (e.g. if you change employer or if your employer changes its computer, equipment or software) and you no longer have access to a suitable computer for any reason, Boxology® is not responsible for this and no refund of fees will be given.

5.3 Boxology® does not provide software, hardware, or internet support and this is for you to arrange with your own providers. It is your responsibility to ensure that you have sufficient technical competence to operate a computer or electronic device for the purposes of downloading, streaming and viewing course materials.  Boxology® is not responsible for any technical problems you encounter with your own software, hardware or the internet when accessing course materials and no refund of fees will be given.

5.4 We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it. This includes but is not limited to changes that we are required to make in the content and structure of our courses in order to ensure continuing compliance with the requirements of national standards and the awarding organisations.

In particular, but without prejudice to the generality of the foregoing, we reserve the right to change the awarding organisation of the courses offered through our website provided that any substituted awarding organisation will provide a qualification of equal level on the national framework as set by the sector skills council; “Active IQ, Cimspa, British Boxing Board of Control”.

Unless stated otherwise, any new features including new content, and/or the availability of new courses or modules shall be subject to these terms and conditions.

 6. Information You Provide

6.1 Boxology® is registered under the Data Protection Act 2018 and complies with the Act and the data protection principles. The following applies to any information you provide to us at any time (including as part of your Application):  you authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name, postal and email address and telephone number (‘personal information’), to the extent reasonably necessary to provide the services which are available through our website, to provide the course materials to you and to process your payment for such Membership Materials (‘the purposes'). Boxology® will not disclose your personal information to any third party without prior consent, except to our professional advisers or awarding organisation, or to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Boxology® reserves the right to offer services and products to you from other companies within the Boxology® group of companies; you must ensure that the personal information and contact details you provide is and remains accurate and complete. It is your responsibility to ensure that Boxology® is updated on any changes to your personal information and that Boxology® has up to date contact details for you. Most correspondence will be sent to your e-mail address but certain certificates and other non-electronic correspondence may be sent to your postal address.  You have the right of access, right to be forgotten and right of amendment of any personal information that you have included on your enrolment application form on any Boxology® application, this information will be given free of charge and within 1 month of request from you, the request should be made in writing, either via email or post. You can withdraw consent of holding your information at any time. We do need to have access to your personal information for health and safety reasons leading up to and during the course you have enrolled upon, i.e. PARQ, Informed Consent, due to the physical nature of the courses. We hold all information in a safe and secure manner on Google Drive, with access only to Boxology® owners. www.squarespace.com and www.thinkific.com are our hosting provider, who have a safe and secure privacy policy with all information you provide.  Our website www.boxology.academy and www.boxology.online has an SSL security certificate for encryption provided by Square Space ands Thinkific on all information entered onto the website, including payments and personal information.

 6.2 Processing and Disclosure Rights

By accepting these Terms and Conditions you agree to the processing and disclosure of the personal information for the purposes. You also agree that the purposes may be amended to include other uses or disclosures of personal information following notification to you by means of a notice on our website, which you should check regularly. If you would like to review, modify, cancel any part of your personal Information, then you should e-mail us at info@boxology.academy

 7. Your health and fitness

7.1 It is your responsibility to ensure that you are sufficiently fit, physically, mentally and emotionally, to undertake all components of the course on which you enrol as well as aerobic, anaerobic, resistance, flexibility, stability, muscular strength and endurance exercise. We recommend you obtain medical clearance from your GP prior to enrolment or before commencing any of the exercises contained in the Membership content. It is your responsibility to notify us of any pre-existing medical conditions as well as any special assistance you may reasonably require prior to enrolment or before commencing any of the exercises contained with the Membership subscription.

You understand that undertaking exercises within the Membership content and that the body's reaction to exercise cannot always be predicted with accuracy. Furthermore, you acknowledge that there are risks involved in performing physical activity including but not limited to musculoskeletal strains, pain and injury, and that certain abnormal changes may occur during or following exercise which may adversely affect blood pressure, cause heart attack or even death.

7.2 You acknowledge that you are fully aware of the risks involved in participating in exercises within the Membership content which can be physically and mentally demanding. You represent and warrant that you discharge Boxology®, its agents, employees and representatives on a continuing basis from any and all liability for any loss, damage, right of action, expense or injury including death resulting from your participation in any exercises given within the content. You agree this shall be binding on your heirs, next of kin, executors, administrators, assigns and representatives in the event of your death. This clause is not intended to exclude liability for death or personal injury caused by the negligence of Boxology® or its employees, agents or sub-contractors. You acknowledge that you shall be responsible for your omissions, errors or neglect when performing, conducting, teaching or instructing course material. You consent to receive medical treatment which may be deemed advisable in the event of injury, accident or illness during the course.

8. Applicability of Membership Materials and Other Online Materials

8.1 Personal Use

Unless otherwise stated, text on our website and the Course Materials are presented solely for your private, personal and non-commercial use on one computer at a time. Boxology® grants you a limited, non-exclusive and non-transferable licence to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines and other software associated with the course materials.  You represent and warrant that you will not knowingly do anything that may prejudice Boxology® interest in the Membership Materials.

8.2 No Copying

When downloadable materials are provided by us you may only download it for personal use. Otherwise, you may not download, print or store any course materials or send or show any copy thereof to anyone other than as authorised in these Terms and Conditions. In the event of any breach of this term:

(i) you will be liable to indemnify Boxology® against any damage (including costs on an indemnity basis) which Boxology® may suffer as a result of such breach; and

(ii) You will be denied any further use of our website and your enrolment will be cancelled. No refund of fees will be given.

8.3 Boxology® will fully comply with its obligations under the Consumer Rights Act 2015 in relation to quality, fitness for purpose and description. Boxology® will exercise reasonable care and skill in the provision of the website and course materials. Unless Boxology® is in breach of these obligations, should the course materials prove defective and/or cause damage to your computer, you and not Boxology® shall assume the entire cost and all damages which may result from any and all such defects. You assume total responsibility and risk for your use of our website and use of all information contained within it.

8.4 Enrolment does not in any way guarantee successful completion or the attainment of the relevant certificate or qualification. It is your responsibility to ensure that the course or module is suitable for your purposes and career development.

8.5 Compliance with Law

We have used our best endeavors to ensure that our website complies with the law of England and Wales.  And to our best knowledge comply with the Data Protection Act 2018 with the holding and usage of any personal information provided by you to us (“Boxology®”).

9. Copyright and Exclusivity

The contents of our website (including course materials and any other materials that you may download as part of a course) are protected by international copyright laws and other intellectual property rights. The owner of these rights is Boxology® or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of enrolling and completing a course. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, recordings, choreography, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example as part of the course.  

10. Linking and Use of Cookies

10.1 Linked Sites
Boxology®  makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Boxology® and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that Boxology® endorses or accepts any responsibility for the content, or the use of such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

10.2 No Linking to or extraction of data or other information from Boxology® site

Any linking to, deep linking to, or extraction from the Boxology® website without the written consent of Boxology® in hard copy with original signature by a director of Boxology® is strictly prohibited.

10.3 Liquidated Damages

Without prejudice to the generality of sub-paragraph 10.2, any third party contravening the provisions of sub-paragraph 10.2 shall be liable for liquidated damages to Boxology® for the aggregate of twice the value of any services sold as a result of such unauthorised activity and all costs incurred by Boxology® whatsoever in researching and dealing with the relevant breach of these Terms and Conditions.

10.4 Use of Cookies

As a result of viewing this website, some information may become stored on your computer. This information may be in the form of a ‘cookie' or similar file which may help Boxology® in many ways; for instance, to improve the content of the website or to improve the matching of users' interests or preferences. If you do not want a cookie to be stored on your computer, most Internet browsers have functions to erase cookies from the computer's hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing our website you consent to Boxology® use of any information gathered for the purposes mentioned above.

11. Availability of Our Website, Errors and Viruses

We will use all reasonable endeavors to make our website available at all times but cannot guarantee that our website will operate without interruptions. We will use all reasonable care to ensure that our website is error free and that the website and its server are free of computer viruses or other harmful mechanisms but this cannot be guaranteed in circumstances beyond our reasonable control. Subject to Boxology® duty of care as explained Boxology® can accept no liability for our website's unavailability or any errors or viruses that it can contain and you accept that in any such occurrence of these if Boxology® provides an alternative method of delivery you will remain liable for all the fees and no refund of fees will be given. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet-connected device owned, controlled or used by Boxology®.

Any omission or error in any sales literature, web page or site, order form, price list, enrolment notification, order acknowledgement, invoice or other document issued by us may be corrected without liability.

12. Liability

12.1 Limit on Boxology® responsibility to you

Except for any legal responsibility that we cannot exclude in law (such as for death or injury caused by our negligence) we are not legally responsible for any losses that were not foreseeable to you and Boxology® when you enrolled. Loss or damage is foreseeable if either it is obvious that it might happen or if, at the time you enrolled, you made us aware that it might happen. Boxology® is not responsible for losses unless they were caused by a breach on our part. We are not liable for business losses. The course materials are intended for private use only but if used for any commercial or business purpose Boxology® will have no liability to you for any loss of profit or loss of business. If we did not use reasonable care to ensure that the course materials would not cause damage to a device or digital content belonging to you and you can demonstrate that damage was caused by the course materials we will either repair the damage to your device or pay you compensation.

12.2 Your Indemnity to Boxology®

You agree that if any third party (such as the owner of premises used by Boxology® to deliver any of its services) threatens or takes legal action against Boxology® as a result of your acts or omissions (for example if you have caused damage to such third party's property) you will be responsible for all charges and damages (including legal fees of Boxology® and the third party) reasonably payable by Boxology® in relation to the settlement of such claim.

12.3 Limit of Boxology® Liability

If we are liable to you for any reason, our liability will be limited to the amount paid by you to date for the relevant course on which you are currently enrolled and as a result of which Boxology® liability has arisen. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence nor for fraudulent misrepresentation.

12.4 Your Responsibilities

You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

12.5 Legal Limitations

The limitations and exclusions in this clause only apply to the extent permitted by applicable law.

13. Social Media Communication

14.1 Boxology® will use reasonable endeavors to ensure that any facility provided by Boxology® to enable students to communicate with each other, such as Facebook, Twitter, Instagram (or similar facility) or any Boxology® branded pages on social media platforms (together “site/s”), is used appropriately. Inappropriate material will be removed as soon as reasonably possible after we are made aware of it but the sites are provided without further liability to Boxology®.

14.2 It is your responsibility to ensure that any information that you share with other users of any site is accurate and does not breach any third parties' rights including trade mark, database rights, copyright or other intellectual property rights, nor is libelous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal, nor infringes the rights of other people, such as privacy rights, or is in any way illegal or unlawful. Bear in mind that the information you upload or send us may be published on our sites and can be viewed world-wide.

14.3 By uploading or sending us information you waive your moral rights to be identified as the author of it and also give Boxology® licence to modify such information. We will assume that any information received is for publication on our sites and such other use as Boxology®, in its absolute discretion, may deem fit upon an exclusive, royalty-free, perpetual basis. We have the absolute right, at our sole discretion, to reject or to remove any information from our sites.

15. General

15.1 Alterations

We may, at our discretion, alter these Terms and Conditions from time to time in order to (a) make non-material changes to clarify and or update the service we provide or (b) to be consistent with current legislation, and post the new version on our website, following which all use of our website and your enrolment will be governed by that version. You must check the Terms and Conditions on the website regularly. We will give you not less than seven (7) days’ advance written notice of any changes after which time you expressly agree that your agreement with us will be governed by the new Terms and Conditions. If you are unhappy with any changes made by us under this clause 15.1 you may end this agreement by giving us notice as per clause 16 before the changes take effect. If you serve notice and end this agreement your access to any course materials will be suspended from the date you wish the agreement to end or the date the changes to these Terms and Conditions take effect, whichever the sooner. No refund of fees will be given.

15.2 Entire Agreement

These Terms and Conditions and the documents referred to within them (as appropriate), are your whole agreement in relation to Boxology® and any service you obtain from Boxology®. You acknowledge that you have not entered into this agreement in reliance upon any promise, assurance, understanding or other statement, made orally, in writing or implied, by Boxology® or any of its employees or agents and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Terms and Conditions and the documents referred to within them (as appropriate). There are no warranties, representations or agreements, expressed or implied, except those expressly outlined in these Terms and Conditions and the documents referred to within them (as appropriate). 

15.3 Illegality

If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.

15.4 Jurisdiction

These Terms and Conditions and your use of our website are governed by the laws of England and Wales and you submit to the exclusive jurisdiction of the English courts of England and Wales.

15.5 Causes beyond Control

Boxology® will not be held liable for any failure to perform any obligation due to causes beyond its reasonable control.

15.6 No Waiver

Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

15.7 Third Party Rights

The Contracts (Rights of Third Parties) Act 1999 will not apply to these Terms and Conditions or your contract with Boxology®. Boxology® is not obliged to deal with any third party acting on your behalf in relation to any aspect of your enrolment including but not limited to any complaint.

16. Notices

All notices shall be given:  

• to us via e-mail at info@boxology.academy or by post to Boxology® Academy, Third Space, 67 Brewer St, London, W1F 9US

• to you at either the e-mail or postal address you provided upon or have updated since enrolment.

Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting. In circumstances where we have not received your notice, you will be required to provide evidence. You are therefore required to retain evidence of dispatch such as recorded delivery if sending your notice by post or a read receipt if sent by e-mail.

17. Replacement

These Terms and Conditions replace all other Terms and Conditions previously applicable to the use of our website and your Enrolment.

Key Information:

• If you want to cancel your membership, you must inform us via email 7 days prior to the monthly payment being taken from your agreed source of payment. If you do not, you will be charged for another month, but still have access to the Membership content for that extra month.

• It is your responsibility to ensure that any information that you share on our social media or linked to our social media is accurate and does not breach any third parties' rights including trade mark, database rights, copyright or other intellectual property rights, nor is libelous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal, nor infringes the rights of other people, such as privacy rights, or is in any way illegal or unlawful. Bear in mind that the information you upload or send us may be published on our sites and can be viewed world-wide.

• You must cancel your class booking within 24 hours of the class commencement time, otherwise you will lose your credit for that class, and it will be taken from your allocated amount of monthly class allowance.