Terms & Conditions
Max Whitlock Gymnastics (Schools)
Max Whitlock Gymnastics Limited (Company Number 11024018) is a company registered in England and Wales (“MWG”). References to “we”, “us” and “our” shall mean MWG.
MWG provides its Services (described below) as made available from time to time to You through its website located at www.maxwhitlockgymnastics.co.uk (“the Site”) and related services, including User uploaded Content (collectively, such services, including any new features and applications, the Site, and where applicable, the Mobile Software ”MWG Platforms”), subject to the following Terms and Conditions (the “Terms and Conditions”).
The following terms also apply to You and collectively form part of Terms and Conditions:
General Terms and Conditions
1.1. These Terms and Conditions apply to the entire content of the website under the Site, any affiliated or associated domains or subdomains, links connected to the Site, and to any correspondence by email between us and you. The terms and conditions also extend to any and all online tools, services, content, and platforms provided or accessible through the site, related links, or any other method chosen by us to deliver our service, including but not limited to mobile applications or any technological advancements. Please read the Terms and Conditions carefully before using this website or any of its associated services.
2. Our Services
2.1. We provide online instructional gymnastics educational resources (“the Resources”) and teacher training services including all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that may be uploaded, posted, published, emailed, displayed (hereinafter, “upload”) by MWG or otherwise use through the MWG Platforms as defined in the order form (collectively referred to as the “Services”) through our website and any other platforms we may choose to utilise. These Services are designed for and intended for use by primary schools and their teachers authorised on their behalf (“You”).
3. Acceptance of Terms and Conditions
3.1. By using our Services, You confirm that You accept these Terms and Conditions that You agree to comply with them. If You do not agree to these Terms and Conditions, You must not use our Services.
3.2. If You are accepting these Terms and Conditions on behalf of a company, organisation, government, or other legal entity then You represent and warrant that You are authorised on behalf of the relevant entity to bind them to these Terms and Conditions. Reference to “you” in these Terms and Conditions refers to both You and the relevant entity. The number of members of your teaching staff authorised to use the Services (each a “User”) will vary depending upon the package purchased.
3.3. By entering into this agreement under these Terms you are representing and warranting that You: (a) are a registered and recognised institution for the education of children in the United Kingdom (whether foundation, community, trust, aided, independent, academy or however so constituted) (“school”); (b) have in place all safeguarding, security and health and safety procedures required by statute or as otherwise reasonably desirable; and (c) have in place requisite insurance policies including but not limited to public liability insurance, professional indemnity insurance or other such policies as is required or desirable.
3.4. Use of any part of the Services by any User shall be governed by the User Terms as set out under separate cover. You must ensure that any and all Users comply with the User Terms. If You use the Services, You must also comply with the User Terms. The User Terms shall from part of these Terms and Conditions.
3.5. You accept that MWG may delete Content or put Content into cold storage (meaning that You will have no immediate access to the Content) without prior notice to You.
3.6. You accept that MWG reserves the right to provide advertisement in respect of MWG products or services or other third-party products or services on the MWG Platforms, including without limitation on Your Account, or uploaded Content.
4. Updates and Changes to the Terms and Conditions
4.1. MWG may send You updates from time to time containing information regarding new features together with general updates as to the functionality of the MWG Platforms and the Services.
4.2. We have the right to amend these Terms and Conditions from time to time. Every time You wish to use the Services, including the MWG Platforms and the Site, please check these Terms and Conditions to ensure You understand the terms and conditions that apply at that time. Your continued use of the Services after the changes constitutes your binding acceptance of such changes.
5. Your Registration Obligations
5.2. In order for You or any User to view, access, publish or edit Content via MWG Platforms to use the Services, You must have a subscription for a primary account on behalf of Your school on the MWG Platforms (“Your Account”), with each User registering their User account (“User Account”).
5.3. The subscription period for subscribing to the Primary Account shall be 12 months, unless otherwise agreed by MWG in writing (“the Subscription Period”).
5.4. If You wish to add additional User Accounts during the course of the Subscription Period, You must notify MWG of your intention to do so. MWG is under no obligation to grant any request made by You for any additional User Account(s) and such additional User Account(s) may be granted at MWG’s sole discretion. An additional one-off fee shall be payable for the addition of each additional User Account as shall be specified to You by MWG (“Additional User Fee”).
5.5. Each and any Additional User Fee payable under clause 5.4 above shall be separate from and in addition to the subscription fee(s) payable under the payment plan for that Subscription Period. Acceptance of an additional User Account by MWG may affect your payment plan and subscription as set out in clause 7.4 below.
5.6. You must keep an up-to-date record of all User(s) training to be made available on request.
6. Your Account, Password and Security
6.1. Access to the Services is exclusively reserved for You (as a registered and recognised school within the United Kingdom) and teaching staff employed by You as registered on Your Account and User Accounts.
6.2. Where you have authorised an individual to use Your Account, or as a User, You are solely and fully responsible for their access to the Services and the entirety of their conduct under Your Account or a User Account, including any implications, consequences, loss or otherwise adverse effects of their conduct.
6.3. Additionally, only the Users specified and authorised by You are permitted to access the Services. You, or any User, must never use another User’s account without MWG’s prior written consent.
6.4. You are fully responsible for all activities that occur under Your Account, and it is your responsibility to ensure that your password remains confidential and secure. We suggest that you use a “strong” password with Your account. “Strong” passwords typically being those of at least eight (8) characters in length and using a combination of upper-case and lower-case letters, numbers and symbols.
6.5. You agree to immediately notify MWG of any unauthorised use of your password or account or any other breach of security. You ensure that You exit from Your Account at the end of each session when accessing the Service. MWG will not be liable for any loss or damage arising from your failure to comply with these provisions.
7. Fees and Subscription
7.1. The subscription to Your Account and use of the Services is subject to payment of a non-refundable subscription fee as specified by MWG to You.
7.2. The Content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of MWG. MWG makes no guarantee as to the availability of a specific payment plan.
7.3. By purchasing and subscribing to a payment plan, You expressly agree that MWG is authorised to charge your selected payment plan on the payment method You designate and automatically upon the renewal of the Services that You have chosen with no further action required by You.
7.4. You can update or change this information at any time through Your Account by logging into your video library and clicking the settings tab under the username.
7.5. Receipts are sent once the charge is successful to the registered email account of Your Account. Your subscription will renew at the end of the Subscription Period, unless You cancel your subscription, or MWG terminates it. You must cancel your payment plan according to the terms and conditions of that specific plan prior to the next charge to avoid billing.
7.6. If the information provided by You is not valid, accepted or MWG is unable to take payment from your provided payment details, MWG may ask for an alternative payment method to be used. If the problem persists MWG reserves the right to suspend, or ultimately terminate Your Account and access to the Services.
7.7. Please note that our prices may increase from time to time. In the event that we require our prices to increase, we shall give you advance notice of the proposed increase and provide you with you an opportunity to terminate this agreement.
7.8. Please note our pricing structure may be subject to change in response to our business status and tax legislation. We reserve the right to adjust our prices accordingly to include VAT, where applicable, at the statutory rate as determined by the law. Any changes to the taxation of our goods and services will be clearly communicated and reflected in the pricing.
7.9. Payments made to MWG are non-refundable, this includes recurring fees and one-off fees. You may cancel or terminate a recurring subscription at any time in accordance with clause 14 of the Terms and Conditions as below, but if You cancel your subscription before the end of the current Subscription Period, MWG will not refund any subscription fees already paid. Following any cancellation or termination of the Services by You in accordance with the Terms and Conditions, however, You and the Users will continue to have access to the Service through the end of your current Subscription Period.
8. Intellectual Property
8.1. MWG is and shall remain the owner of any registered and unregistered trademarks. The trademarks and trade names and exclusive property of MWG, and any unauthorised use of such trademarks and trade names is prohibited.
8.2. The MWG Platforms and all data and material on the MWG Platforms, including, without limitation, text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable material, as well as the selection, organisation, coordination, compilation and overall look and feel of the Services (together referred to as "Material") are the intellectual property of MWG, its affiliates or its licensors. All trademarks and Material to the MWG name and any other related trademarks or Material relating to the MWG Platforms are proprietary to MWG, its affiliates or licensors.
9. Social Networking
9.1. You and any User may have the option to use Twitter, Facebook or other social networking websites and applications through the Services to share links and Content.
9.2. You and any User undertake this option as their sole responsibility, including but not limited to complying with all the terms and conditions of the social networking services.
10. Mobile Software
10.1. MWG may make available software to access the Services via a mobile device (“the Mobile Software”). You must ensure that any mobile device intended to be used by You, or any for the Mobile Software is compatible with the Mobile Software. MWG does not give any warranties as to the compatibility of the Mobile Software with any mobile device you may have.
10.2. MWG holds no liability for any additional charges which You incur by any third-party wireless network provider in using the Mobile Software on your mobile device via mobile data.
10.3. MWG grants you a non-exclusive, non-transferable and revocable licence to use the Mobile Software for one mobile device owned by You and one mobile device each per User.
10.4. You and any Users are strictly prohibited from doing, or causing any of the following to be done:-
(a) sublicense, rent, transfer, or otherwise dispose of or distribute the Mobile Software to a third-party;
(b) reverse engineer, disassemble, decompile or otherwise tamper with the Mobile Software;
(c) interfere in any capacity with any features (including, but not limited to, security features, anti-piracy features and limitation of use features) and general integrity of the Mobile Software;
(d) interfere with the intellectual property and other proprietary interests or rights notice(s) on the Mobile Software.
10.5. MWG may automatically release updated versions of the Mobile Software to be updated electronically on mobile devices owned by You and the Users from time to time. By accepting these Terms and Conditions, You and each User acknowledges and consents to such automatic electronic updating of each mobile device without notice to Your or the Users. You and each User also acknowledge and confirm that the Terms and Conditions shall apply to all updates.
10.6. Where there is any third-party code that may be incorporated into the Mobile Software, such code shall be dealt with by the relevant open source or third-party licence EULA (if applicable) permitting such use.
10.7. All rights not expressly granted under these Terms are reserved by MWG.
11. Rights of MWG
11.1. MWG reserves the right to modify, suspend or discontinue the Services or any aspect therein at any time. This includes the right for full or partial discontinuance of any Content, the Services or any features therein, without any prior notice to You or any User.
11.2. MWG further reserves the right to prevent partial or entire access to the MWG Platforms by You or any User and create limits on use and storage at the sole discretion of MWG without prior notice to You or any User.
12. Warranty Disclaimers
12.1. The Services are provided "as is" and “as available”, with all faults and without warranty of any kind, and company hereby disclaims all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third-party rights.
12.2. MWG does not warrant that the Services will meet user requirements or be of benefit, that the operation of services will be uninterrupted or error-free, or that the Services are free of computer viruses or other harmful mechanisms. Should the licensed application or Services prove defective, MWG is not responsible for those costs associated with the need for servicing or replacing equipment or data. MWG makes no warranties about the accuracy, reliability, completeness or timeliness of the Services or user generated Content offered or any other Content accessed through the Services.
12.3. The transmission of data or information including communications by e-mail over the internet or other publicly accessible networks is not secure, and is subject to possible loss, interception, or alteration while in transit. accordingly, MWG does not assume any liability for any damage users may experience or costs users may incur because of any transmissions over the internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail.
12.4. In no event will such data or information be deemed to be confidential, create any fiduciary obligations on MWG’s part, or result in any liability to You if such information is inadvertently released or accessed by third parties without consent.
12.5. MWG takes no responsibility for the information You have uploaded to the Services and shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of such information, or failure to store any of such information. MWG shall not be responsible for loss of information through the action of any third party or because of circumstances beyond MWG’s control. You, and all Users, are expected to have your own backup of all information.
12.6. To the fullest extent permissible under applicable law, You understand and agree that neither MWG nor any of its affiliates or subsidiaries, or any of their respective directors, officers, employees, partners, representatives, contractors or agents shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from use of the Services or from any actions MWG takes or fails to take.
12.7. These include but are not limited to damages for errors, omissions, interruptions, defects, delays, computer viruses, lost profits, loss of data, business interruption, unauthorised access to and alteration of transmissions and data, bodily injury, emotional distress and other tangible and intangible losses.
12.8. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if advised of the possibility of such damages. MWG's maximum liability arising out of or in connection with the Services or use of the Services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount, if any, paid for the Services.
12.9. MWG is not responsible for deletion or loss of files or information uploaded to the Services. All users are expected to have their own backup of all files and information uploaded to the Services.
12.10. MWG will not be held liable for any loss or damage of any kind whether or not foreseeable incurred because of the use of (or inability to use) any such advice or Content. You agree that You and all Users must evaluate, and bear all risks associated with the use of (or inability to use) any advice or Content, including any reliance on the accuracy, completeness, or usefulness of such advice or Content. This includes any Content produced by MWG and made available to You through the Services including any communication or advice.
12.11. The Content provided through the Services, including all instructional and educational materials, is intended to support and enhance gymnastics education within a primary school setting. Whilst we aim to provide accurate, high-quality resources, the implementation of these materials made available under the Content and Services requires the professional judgment and expertise of qualified and certified teaching member(s) of staff employed by You. The resources provided by MWG should not replace professional or specialist advice and should be utilised appropriately in a safe, educational environment. Before taking or refraining from any action based on the Content provided, Users must consider the context, apply their reasonable and professional judgment, and, if necessary, seek further professional or specialist advice. MWG is not responsible for the specific execution or application of our resources in individual school settings.
13. Indemnity and Release
13.1. To the fullest extent permitted by law, You agree to release, indemnify and hold MWG and its directors harmless from any and all losses, damages, expenses, fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your or any Users use of (or inability to use) the Services, any content or advice consumed through the Service or any User Content.
13.2. MWG may, at your expense, assume exclusive conduct and control of any proceedings or actions brought by any third-party whereby You, or any User is required to indemnify MWG.
13.3. You and any User(s) agree to cooperate with MWG’s defence against any such claims.
14. Termination of Agreement
14.1. You may terminate your subscription to the Services and Your Account. In the event that You terminate your subscription to the Services and Your Account, all prepaid fees by You to MWG under these Terms and Conditions will not be returned to You.
If you wish to remove any of the User Accounts then please contact MWG directly at firstname.lastname@example.org.
14.2. MWG may terminate Your Account, any of the User Accounts, and the Services at any time on one (1) month's prior written notice to You.
14.3. In the event that You, or any User, breaches any provision of these Terms and Conditions or any statutory relating to use of the Services, MWG reserves the right to suspend or terminate Your Account and access to the Services immediately without further notice to You or any User.
15. Third-Party Links and Services
15.1. The Services may contain links to other websites, resources, or services provided by third parties for your convenience and information. These may include, but are not limited to, resources for further learning or supporting material. It is important to note that these third-party sites are not under our control. We are not responsible for, the content, privacy policies, or practices, services, information, or materials they may offer. When You follow a link to these third-party sites we encourage You to review the terms and conditions and privacy policies of any third-party websites or services that You visit at your own risk.
16. Privacy and Personal Data
17.1. A waiver of any right or remedy that MWG may have against You under these Terms and Conditions or by law is only effective where such waiver is given in writing by MWG and shall not be deemed a waiver for any subsequent right or remedy. Any failure or delay by MWG to enforce any right or remedy provided for by these Terms and Conditions or statute shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms and Conditions shall prejudice any further exercise of that or any other right or remedy that MWG may have against You, or any User.
18.1. If any provision contained within these Terms and Conditions becomes invalid, illegal or unenforceable, it shall be deemed deleted or amended to the extent to which it is then validly and lawfully binding. Such amendment nor deletion shall affect the validity and enforceability of the rest of these Terms and Conditions.
19. Force Majeure
19.1. MWG shall not be liable to You for non-performance or delay in delivery of the Services causes by events outside of MWG’s reasonable control, including but not limited to cyber-attacks, power outages and strikes (“Force Majeure”).
19.2. In the event of any Force Majeure event, MWG reserves the right to postpone delivery of any part of or the whole of the Services affected until such circumstances has ceased.
19.3. In the event of that Force Majeure event affects the Services indefinitely, MWG reserves the right to terminate this agreement and any part of or the whole of the Services.
20. No partnership or joint venture
20.1. Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between users and MWG.
21. Governing law and Jurisdiction
21.1. This agreement between MWG and You, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
21.2. 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.
21.3. The Services are offered only in jurisdictions where they may be legally offered for sale and principally within the United Kingdom. The information available on the Site is not to be construed as an offer or otherwise solicitation by anyone in any such jurisdiction whereby an offer or otherwise solicitation cannot legally be entered into.