Terms and Conditions
Updated: 23/02/2024 @ 16:11 GMT
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BACKGROUND:
These terms and conditions apply as between you, the User of Services provided therein and Ali Choudhry Cricket Coaching, the owner(s) of the Services and this Website. Your agreement to comply with and be bound by these terms and conditions and to grant any and all licences required is deemed to occur upon your acceptance of these terms and conditions prior to your first use of the Services.
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1. Definitions and Interpretation
1. 1. In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:
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Account - means collectively the personal information, payment information and credentials used by Users to access the Services through the Web Site;
Agreement - means the binding agreement that shall come into effect between the User and Ali Choudhry Cricket Coaching following the User’s acceptance of these terms and conditions and which shall incorporate these terms and conditions;
Content - means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Website;
Discount (Voucher) Code - means the unique discount code to use at our partner(s) Website or in-store;
Services - means collectively the online facilities, tools, services or information that Ali Choudhry Cricket Coaching makes available through the Website either now or in the future;
Sales - means any equipment purchased from the online Shop on the Website;
User / Users - means any third party that accesses the Website and the Services that is not employed by Ali Choudhry Cricket Coaching and acting in the course of their employment; and
Website - means the website on which these terms and conditions appear (www.accricketcoaching.com) and any sub-domains of that website unless expressly excluded by their own terms and conditions.
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1. 2. Unless the context otherwise requires, each reference in these terms and conditions to:
1. 3. “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
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1. 4. a statute or a provisions of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
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1. 5. a Clause or paragraph is a reference to a Clause of these terms and conditions.
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1. 6. The headings used in these terms and conditions are for convenience only and shall have no effect upon the interpretation of these terms and conditions.
1. 7. Words imparting the singular number shall include the plural and vice versa.
1. 8. References to any gender shall include the other gender.
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2. Provision of Services
2. 1. Ali Choudhry Cricket Coaching shall use its best and reasonable endeavours to provide the Services on an error-free basis and without interruption.
2. 2. Notwithstanding sub-Clause 2.1, Ali Choudhry Cricket Coaching does not provide any guarantee that provision of the Services shall be error-free or without interruption and reserves the right to alter or suspend provision of the Services without prior notice to Users. By accepting these terms and conditions the User acknowledges that the Services may change in form or nature at any time.
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2. 3. Ali Choudhry Cricket Coaching shall have the right, exercisable at its sole discretion, to terminate provision of the Services without prior notice to Users.
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3. Access to Services
3. 1. The User represents and warrants that they have the authority to enter into the Agreement, to use the Services, and to perform any and all acts as may be necessary under these terms and conditions.
3. 2. If the User is unable to comply with the requirements of sub-Clause 3.1 they shall be prohibited from using the Services and must not accept these terms and conditions.
3. 3. In order to use the Services and to submit a booking or buy equipment, Users are required to create an Account and to submit certain personal details. By accepting these terms and conditions the User represents and warrants that:
3. 4. (a) any information that is submitted is accurate and truthful;
(b) all such information will be kept accurate and up-to-date; and
(c) the means by which they identify themselves does not violate any part of these terms and conditions or any applicable laws.
3. 5. If the User has reason to believe that their Account details have been obtained by another without consent, the User should contact Ali Choudhry Cricket Coaching immediately to suspend their Account and cancel any unauthorised activities that may be pending. Users should be aware that payments can only be cancelled up until the point at which the Services are used for the first time through that particular Account. In the event that unauthorised use is made prior to the User notifying Ali Choudhry Cricket Coaching of the unauthorised nature of the order or payment, Ali Choudhry Cricket Coaching will suspend access to the Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel access to the Services and make a full or partial refund of the payment to the User.
3. 6. The terms of sub-Clause 3.5 shall apply notwithstanding any related provisions in Clause 16.
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4. Services (Coaching) & Our Shop Sales
4. 1. Service charges commence on the date that the User makes a booking for coaching, after successfully making a payment for such Services. The User’s credit / debit card will be billed in advance of the booking date and shall secure the booking date requested. Ali Choudhry Cricket Coaching shall inform the User with regards to the availability of a requested booking date and time, however, that booking date and time shall only be guaranteed upon successful payment of the booking fee.
4. 2. All costs related to coaching Services shall be at the price advertised on the Website. Ali Choudhry Cricket Coaching reserves the right to change Coaching Services fees from time to time and any such changes shall be those presented on the Website.
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4. 3. Increases in price will be reflected on the Website. For avoidance of doubt, any discussions or communications with regards to the booking fees of our Coaching Services shall be superseded by the booking fees published on the Website.
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4. 4. If a User registers an Account in error they must inform Ali Choudhry Cricket Coaching within 24 hours of creating that Account and must not use the Services during that time. If any use can be traced to the User’s Account, no refund will be provided.
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4. 5. Returns, exchange & refund policy: If your product is received damaged you may return it for a replacement or full refund. Exchanges for size/weight purposes can only be accepted if the product is returned in its original packaging. Any exchanges must be requested within 7 days of the date of purchase. Returned products are shipped at the customer’s expense unless the product has been delivered in damaged condition. For any products that are returned due to damage (on receipt), postage and packaging costs will be refunded if a valid receipt is provided and the product is assessed and deemed by Ali Choudhry Cricket Coaching to have been sold as damaged. Customers must supply details of the original purchase. All returns will be examined on receipt and any products showing signs of wear and tear will not be eligible for a refund. Used products cannot be returned or exchanged. Bats are not covered for ball damage. We strongly advise against using new bats during indoor nets. Customers must notify us within 28 days of purchase if any problems are experienced. Ali Choudhry Cricket Coaching reserves the right to refuse a refund or exchange if the goods are deemed (as a result of our examination) to be damaged, used or tampered with. This does not affect your statutory rights. Ali Choudhry Cricket Coaching reserves the right to change its policies at any time without prior notice.
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5. Partnership(s)
5. 1. Ali Choudhry Cricket Coaching partner(s) with various cricket equipment suppliers to bring our customers exclusive discounts to purchase cricket equipment.
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5. 2. Ali Choudhry Cricket Coaching are fully entitled to terminate business partnerships with cricket equipment suppliers at anytime without any notice given to our customers.
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5. 3. Ali Choudhry Cricket Coaching may change cricket equipment suppliers every year or during any period in the current year due to breach of agreement with partnership contracts without warning to customers. To bring better deals and discounts to our customers.
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5. 4. Ali Choudhry Cricket Coaching do not take any liability or responsibilities for items or products purchased through our 3rd party partnerships website or in-store.
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5. 5. Ali Choudhry Cricket Coaching acts as a 'Brand Ambassador' for any cricket equipment supplier we partner with: to help promote their business through our partnership agreements. There is no other legally binding function or responsibility in accordance with sub-clause 5.1
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6. Discount (Voucher) Codes
6. 1. In accordance with Sub-Clause 5.1 Ali Choudhry Cricket Coaching will supply each customer of ours with exclusive fixed discount code values; from our Partnered cricket equipment supplier(s); from time to time, based upon the following eligibility criteria;
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6. 2. (a) any customer who has attend a minimum 4 (with successful payments made) or more 1-to-1, video analysis or group (hardball & Softball) sessions shall be eligible to receive one discount code per adult or child from the list of our cricket partners.
(b) Discount codes must only be used per individual customer; if you are a family and have multiple children or adults attending Ali Choudhry Cricket Coaching sessions; each family member will receive their own generic discount code from us. This is in accordance with Sub-Clause 6.1 (a) incase a family member has not met the minimum attended sessions; and/or; not paid for coaching sessions in full to qualify.
(c) any customer who stops attending coaching sessions with us for 4 weeks or more; due to illness or going on vacation; Ali Choudhry Cricket Coaching shall terminate the validity for their discount code without the need to provide the customer(s) with prior notice.
(d) any customer who returns to coaching sessions with us after a 4 week period must meet the eligibility criteria in accordance with Sub-Clause 6.2 (a) again to qualify for a new discount code.
(e) any customer who informs Ali Choudhry Cricket Coaching, they're no longer wanting to continue being coached by us; will have their discount codes terminated; without giving the customer prior notice. Sub- Clause 6.2 (a), (c) and (d) will come into immediate effect should the customer change their mind and rejoin with us.
(f) any customer who is eligible for a discount code in-accordance with Sub-Clause 6.2 (a) must email us at info@acricketcoaching.com; this must be done per family member in accordance with Sub-Clause 6.2 (b).
(g) Customers who meet the eligibility criteria in-accordance with Sub-Clause 6.2 (a) will only be entitled to 1 discount code from a choice of our current cricket equipment partner(s) per every 4 coaching sessions attended.
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6. 3. Discount codes provided by Ali Choudhry Cricket Coaching's partners; have the right to change the discount codes value at any given time.
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6. 4. Discount codes supplied by Ali Choudhry Cricket Coaching to our customers are issued by the Partner(s) we act as a 'Band Ambassador' for; in accordance with Sub-Clause 5.1 & 5.5; therefore we have no control; or the ability to generate discount codes ourselves. Therefore customers must contact the partnership company themselves to resolve any technical issues: resulting in codes not functioning. Ali Choudhry Cricket Coaching takes no responsibility or liability for discount codes provided by us that do not work on the partner's website or in-store.
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6. 5. Discount Codes provided to our customers by Ali Choudhry Cricket Coaching: for the sole intention to use on our cricket suppliers (Partnership) website or in-store must be adhere to the Partner website and in-store policies and terms and conditions. We do not take any legal responsibility for purchases made with our partnered cricket equipment suppliers; in accordance with Sub-Clause 5.4 & 5.5.
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6. 6. Discount codes provided by Ali Choudhry Cricket Coaching can not be used or exchanged to obtain discount for our coaching lesson prices; instead of our partners website or in-store branch.
6. 7. There is no cash alternative for the partner discount code provided by Ali Choudhry Cricket Coaching.
6. 8. Discount (Voucher) Codes to our partner(s) website can be withdrawn by us at anytime without notice to customers: in accordance with Sub-Clause 6.2 (b), (c), (d) and (e).
6. 9. Discount codes provided by Ali Choudhry Cricket Coaching can not be used after the expiration date on our partner(s) website or in-store.
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6. 10. Ali Choudhry Cricket Coaching may from time to time run out of available discount codes to offer our customers; we will need to contact the Partnership(s) to issue a new series of codes; we are unable to provide an exact time on when we will receive new codes. We aim to provide the codes to our eligible customer(s) in accordance with Sub-Clause 6.2 (a) within an expectable time frame.
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6. 11. Any legible customer of Ali Choudhry Cricket Coaching in-accordance with Sub-Clause 6.2 (a) is entitled to receive 1 discount code from the list of our current cricket equipment partners per every 4 sessions attended and paid for in-accordance with Sub-Clause 6.2 (g).
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7. Use of Service
7. 1. The Services are for personal and commercial use only.
7. 2. Users are permitted to use the Services only in accordance with:
(a) these terms and conditions; and;
(b) any relevant law, regulation or other applicable instrument in their particular jurisdiction.
7.3 Subject to any express agreement to the contrary, Users may only access the Services through the normal means provided by Ali Choudhry Cricket Coaching. Users shall not attempt to download, convert or otherwise reverse-engineer any part of the Services.
7. 4. Users may not engage in any conduct that may disrupt provision of the Services by Ali Choudhry Cricket Coaching.
7. 5. Subject to any express agreement to the contrary, Users may not reproduce, copy, duplicate, trade or resell the Services.
7. 6. Users’ rights to use the Services are non-exclusive, non-transferrable and fully revocable at Ali Choudhry Cricket Coaching’s discretion.
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8. Intellectual Property
8. 1. Subject to the exceptions in Clause 9 of these terms and conditions, all Content included on the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Ali Choudhry Cricket Coaching, our affiliates or other relevant third parties. By accepting these terms and conditions the User acknowledges that such material is protected by applicable United Kingdom and International intellectual property and other laws.
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8. 2. Subject to Clause 10 Users may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Ali Choudhry Cricket Coaching.
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9. Third Party Intellectual Property
Where expressly indicated, certain Content, such as advertising material, and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 8 of these Terms and Conditions to use Content from the Web Site. The exceptions in Clause 9 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
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9. 1. Fair Use of Intellectual Property
Content may be copied, transmitted, performed, adapted or otherwise re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or other relevant legislation apply.
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9. 2. Link to Other Websites
This Website may provide links to other websites as part of the Services. Unless expressly stated, such websites are not under the control of Ali Choudhry Cricket Coaching or that of our affiliates. Ali Choudhry Cricket Coaching assumes no responsibility for the content of the websites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this Website does not imply any endorsement of that website or of those in control of it.
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9. 3. Links to this Website
Users wishing to place a link to this Website on another website may do so only to our home page in the absence of any prior permission. Deep linking (i.e. links to specific pages within the Website) requires the express permission of Ali Choudhry Cricket Coaching. To find out more, Users should contact Ali Choudhry Cricket Coaching at info@accricketcoaching.com
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10. Privacy
Use of the Website and the Services is also governed by Ali Choudhry Cricket Coaching’s Privacy Policy which is incorporated into these terms and conditions by this reference. Our Privacy Policy can be found at www.accricketcoaching.com/privacy-policy
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11. Disclaimer of Warranties
11. 1. (a) Ali Choudhry Cricket Coaching makes no warranty or representation that the Website or the Services will meet Users’ requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, or that they will be secure.
(b) Ali Choudhry Cricket Coaching shall use its best and reasonable endeavours to ensure that all information provided on the Website and the Services is accurate and up to date, however Ali Choudhry Cricket Coaching makes no warranty or representation that this will always be the case. Ali Choudhry Cricket Coaching makes no guarantee of any specific results from the use of the Website or the Services.
(c) No part of the Website or the Services is intended to constitute advice and the Content of the Website and the Services should not be relied upon when making any decisions or taking any action of any kind.
(d) Whilst every effort has been made to ensure that all descriptions of Services available from Ali Choudhry Cricket Coaching correspond to the actual services available, Ali Choudhry Cricket Coaching is not responsible for any variations from these descriptions.
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11. 2. Availability of the Website and the Services
The Website and the Services are provided “as is” and on an “as available” basis. Ali Choudhry Cricket Coaching gives no warranty that the Website or the Services will be free of defects and / or faults. To the maximum extent permitted by law Ali Choudhry Cricket Coaching provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Ali Choudhry Cricket Coaching accepts no liability for any disruption or non-availability of the Website or the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
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11. 3. Limitation of Liability
Ali Choudhry Cricket Coaching’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these terms and conditions shall be limited to the value of the User’s booking cost or purchase cost of a single Order prevailing at the relevant time. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website, the Services or any information contained therein, to the maximum extent permitted by law, Ali Choudhry Cricket Coaching accepts no liability. Users should be aware that they use the Website, the Services and all relevant Content at their own risk.
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11. 4. Term and Termination
(a) The term of the Agreement shall commence upon the User’s acceptance of these terms and conditions and shall continue until terminated either by the User or by Ali Choudhry Cricket Coaching in accordance with this Clause 11.
(b) If a User wishes to terminate the Agreement they may do so by:
(i) Closing their Account; [and / or]
(ii) Informing Ali Choudhry Cricket Coaching in writing that they wish to terminate this Agreement.
(c) Ali Choudhry Cricket Coaching reserves the right to terminate the Agreement, a User’s Account and a User’s access to the Services at any time for the following reasons:
(i) The User has committed a material breach of these terms and conditions, unless such breach is capable of remedy, in which case the right to terminate immediately will be exercisable if the User fails to remedy the breach within 10 calendar days after a written notice to do so;
(ii) The User has indicated, expressly or impliedly, that they do not intend to or are unable to comply with these terms and conditions;
(iii) Ali Choudhry Cricket Coaching is required to do so by law;
(iv) It has become, in the opinion of Ali Choudhry Cricket Coaching, that its affiliates or advisers are no longer commercially viable to continue providing the Services;
(v) Ali Choudhry Cricket Coaching is no longer providing the Services in the User’s country of residence;
(d) If Ali Choudhry Cricket Coaching terminates a User’s Account as a result of the User’s breach of these terms and conditions the User will not be entitled to any refund.
(e) In the event that Ali Choudhry Cricket Coaching terminates a User’s Account or booking or order, the User will cease to have access to the Services from the date of termination.
(f) In the event that the Agreement is terminated, the User’s Account will be closed and their access to the Account Services suspended in accordance with sub-Clauses 11.4 (b) and 11.4 (c). Any Content that the User has submitted or created will become inaccessible to all Users from the date on which the Account Services become inaccessible, however copies may be retained by Ali Choudhry Cricket Coaching as part of standard backup procedures.
(g) Upon termination of the Agreement, the User shall cease to be bound by all obligations related to Account Services set out in these terms and conditions with the exception of those expressly stated to survive the termination of the Agreement.
12. No Wavier
12. 1. In the event that either the User or Ali Choudhry Cricket Coaching fails to exercise any right or remedy contained in these terms and conditions, this shall not be construed as a waiver of that right or remedy.
12. 2. Assignment
Users may not assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of this Agreement without the prior written consent of Ali Choudhry Cricket Coaching, such consent not to be unreasonably withheld.
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12. 3. Severance
Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
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12. 4. Entire Agreement
These terms and conditions embody and set forth the entire Agreement and understanding between the Parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of the Agreement. Neither the User nor Ali Choudhry Cricket Coaching shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in these terms and conditions, save for any representation made fraudulently.
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12. 5. Notices
All notices / communications shall be sent to and by Ali Choudhry Cricket Coaching by email to; info@accricketcoaching.com Such notice will be deemed received upon sender’s outbox confirmation. Email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
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12. 6. Law and Jurisdiction
These terms and conditions, the Agreement and all other aspects of the relationship between the User and Ali Choudhry Cricket Coaching shall be governed by and construed in accordance with the Laws of England and Wales.
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Any dispute between the User and Ali Choudhry Cricket Coaching relating to these terms and conditions, the Agreement and all other aspects of the relationship shall fall within the exclusive jurisdiction of the courts of England and Wales.
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