Terms and Conditions
This Web Site is operated by LCFCFamily, the owner of the Web Site is Paul Rains of 10 Forth Close, Oakham, Rutland, LE15 6JW.
LCFCFamily cannot provide you with membership until you have agreed to these terms and conditions. They represent the contract between you and LCFCFamily ("us", "we", etc). When you become a member of the LCFCFamily or use any of the features listed below, you agree to be bound by these terms and conditions. We advise you to print a copy now.
Definitions In this document:
"App" means Application software you will need to download to your computer /smartphone to experience the full extent of our Services and Events.
"Booking" means an on-line booking for the named individual only to one of our advertised on-line Services,
"Content" means information and / or data in any form published on Our Web Site by us or any third party with our consent.
“Copy or Publish” with reference to a Licensed Product, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other created work.
"Event" or "Events" means all the Events we provide regardless of whether there is a fee or not. These will be hosted by us on-line and may require Software which we are not responsible for providing. Tickets for our Events are available on-line.
“Licence” means a licence granted by us to you in the terms of this agreement for use of a Licensed Product.
“Licensed Product” means any Content being offered for licence by us on Our Web Site, whether or not bought by you. A reference to “Product” shall be a reference to all or part of a Product or to a Product changed by you in any way.
“Mailing List” means a list of Web Site visitors names and email addresses and ages who have either completed and submitted the ‘Join our Mailing List’ Form or completed the ‘LCFCFamily Membership’ Form. This list is used to send automated promotional emails to individual email accounts advertising special offers, news and Products, Events and Services that might be of interest.
“Members” means individuals who have joined the LCFCFamily membership scheme having either paid an annual subscription fee or been granted free membership.
“Our Web Site” means all of the hardware and software installation that enables our Web Site to function and all Content.
"Post" means place on or into Our Web Site any Content or material of any sort by any means.
"Product" means any physical item we offer for sale on Our Web Site.
"Service" or "Services" means all the Services we provide regardless of whether there is a fee or not. These services are delivered on-line by a Third Party Owner, using Software whilst we provide the platform and technology to host the session. Services can be booked on-line.
“Social Media” means Facebook, Twitter, Instagram, Spotify, Tik Tok and You Tube.
“Software” means software we or you need to use to deliver an Event or Service.
“Third Party Provider” means an external organisation or individual not employed by or contracted to LCFCFamily who provides a Service or facilitates an Event advertised on Our Web Site. (Example: Keep Fit Instructor)
"Ticket" means a ticket for one of our advertised on-line Events. The ticket may admit one or more persons to the Event.
2. In this agreement unless the context otherwise requires:
2.1 a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.2 in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.3 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4 a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.5 all money sums mentioned in this agreement are calculated inclusive of any VAT, which will be calculated when payment is due.
2.6 these terms and conditions apply to all supplies of a Service, Event or any Licensed Products supplied by us. They prevail over any terms proposed by you.
2.7 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our Contract
3.1 If you use Our Web Site in any way on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.2 In entering into this contract you have not relied on any representation or information from any source except Our Web Site.
3.3 You acknowledge that you are satisfied that the Product or Service / Event you have selected is suitable and satisfactory for your requirements.
3.4 When you click to buy a Product or Service or Event from us, in law you are offering to buy. Your contract with us is made only on the first to happen of:
3.4.1 you pay for a Product on-line; or
3.4.2 you Book and pay for a Service: or
3.4.3 you pay for a Ticket for an Event; or
3.4.2 we authorise you to download an Image / Video or Music clip.
3.5 Every Product or Event or Service you buy which is separately identifiable is the subject of a separate contract. Accordingly, performance or breach of one contract does not affect any other.
3.6 You cease to be a client of LCFCFamily when our contract with you is concluded on the first to happen of:
3.6.1 your receipt of a product you have bought, by any means;
3.6.2 our sending of a Licensed Product in a specified format by email and not receiving notification from you of non-delivery;
3.6.3 our completion of any other task or Service / Event for which you have paid us;
3.7 There is no contract between us for any free Event or Service, so you do not become a client by using any free Service and we are not liable to you in any way resulting from your use of any free Event or Service.
3.8 The price of any Event, Licensed Product, Product or other Service may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy this item.
3.9 Events will be delivered by a Software application, you must ensure the necessary Software exist on your computer / smartphone to enable you to participate.
3.10 Licensed Products can be downloaded from our Web Site.
3.11 Products will be delivered by the method stated on the product page to the purchaser’s home address.
3.12 Services will be delivered by a Software application, you must ensure the necessary Software exist on your computer / smartphone to enable you to participate
3.13 You agree if you want to utilise the full experience of the Services and Events we offer on your smartphone you will be required to download an free App licenced to Wix.com
3.14 You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Web Site or in some other way.
3.15 You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at £25 per hour in dealing with your breach. You also agree that this provision is reasonable.
4. LCFCFamily charges
4.1 The prices payable for the Events, Licensed Products, Products and Services are clearly set out on Our Web Site and are inclusive of VAT.
5. Security of your debit / credit card
5.1 We take care to make Our Web Sites safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
5.2 If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
6. Holding money on your behalf
6.1 We do not conduct money transactions nor make payments on behalf of clients. We cannot therefore accept or hold money on your behalf, beyond money paid for our immediate Services.
7. Delivery of Events
7.1 Chargeable Events must be paid for in full to obtain a Ticket for admission to the Event. A confirmation email will be sent as part of the process. Even if the Event is free you must obtain a Ticket as place numbers are limited. A further reminder will be issued 24 hours before the Event takes place.
7.2 Tickets purchased are not refundable but can be transferred to another individual
7.3 It is not possible to pay by Internet bank transfer (faster pay) or cheque for an Event all chargeable items must go through the check-out process on Our Web Site.
7.4 We accept no responsibility for problems you may have in making payment through a web page of our payment service provider.
8. Delivery of Services
8.1 Chargeable Services must be paid for in full at the time of booking. You have 15 minutes to complete your booking. A confirmation email will be sent as part of the process. A further reminder will be issued 1 day before the Service takes place.
8.2 If the Service you want to book is over prescribed, you can if you wish be added to our waiting list, in the event that a booking is cancelled you will be notified.
8.3 You may cancel the booking up to 24 hours before the Service is due to be provided and obtain a full refund from us in accordance with the instructions shown on Our Web Site. If you cancel later than stipulated here no refund will be made under any circumstances.
8.4 It is not possible to pay by Internet bank transfer (faster pay) or cheque for a Service, all chargeable items must go through the check-out process on Our Web Site.
8.5 We accept no responsibility for problems you may have in making payment through a web page of our payment service provider.
9. Delivery of Licensed Products and Products
9.1 Products in our Shop must be paid for in full at the time of Ordering. A confirmation email will be sent as part of the process.
9.2 Despatch of the Product will be made by a third party provider within the time scale stipulated on the product page and then passed to the appropriate organisation for delivery.
9.3 Licenced Products supplied instantaneously or almost so, can be downloaded from Our Web Site to your specified file location.
10. Cancellation and Refunds
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided the Regulations apply to the transaction concerned, then the following terms apply to this contract.
10.1 We now inform you that information relating to all aspects of our Licensed Products, Products, Events and Services is not in this document but in the web pages from where you select the Licensed Product, Product, Event or Service.
10.2 You have the right to cancel your order within 14 days of placing your order if payment is not made at the same time.
10.3 Every Product is designated to be despatched within the stipulated timescale on the Product page. All products are despatched automatically after you have made payment.
10.4 We do not supply any Product on terms for future delivery. That means, if you wish to buy our Products, you must instruct us to deliver in accordance with our terms.
10.5 By accepting these terms, you now agree that you are instructing us to despatch the Product within the stipulated timescale and you understand that, in doing so, you lose your right to cancel your order within 14 days.
10.6 So far as concerns Services you buy from us, if any Service is continuing, you may cancel it at any time before we have completely provided it. If you do, we will return to you any money paid after deduction of an appropriate amount to cover any part of the Service already provided.
10.7 A contract for drafting work is a single contract, even if payments are made over a period of time. That means no new cancellation right arises if you add to your original instructions.
10.8 This paragraph does not affect your rights in the event that there is any material error in the Licensed Product or Product.
11. Liability for Subsequent Defects
11.1 Please check the Licensed Product or Product received from us immediately you receive it.
11.2 If you find a defect with the Licensed Product or Product, you must tell us by email message to firstname.lastname@example.org
11.3 The procedure to report an error is as follows:
11.3.1 you must report to us as soon as any defect is discovered but not later than 28 days from receipt by you.
11.3.2 please tell us clearly what the error is you are complaining about and other information to enable us to identify it.
11.4 If we agree that the Licensed Product or Product is faulty, then we shall:
11.4.1 correct the issue and come back to you within 3 working days, or
11.4.2 refund the full cost you have paid.
11.4.3 we do accept liability for Customers making errors in the text when personalising a product. Customers should check the customisation text carefully before placing the order and paying for the Product.
12. Liability for cancellation of Events and Services
12.1 Should we cancel an Event or Service before it is provided, You will be offered one of the following:
12.1.1 a refund of any fee paid, or
12.1.2 a free place if the Event or Service is re-arranged.
13. Promotions, Offers
13.1 If we offer Licensed Products, Products, Events or Services in some way not anticipated by these terms, then you are entitled to terms no less favourable than those set out here.
13. Disclaimers and limitation of liability
13.1 The law differs from one country to another and between consumers and other buyers. This paragraph applies so far as the applicable law allows.
13.2 All implied conditions, warranties and terms are excluded from this agreement.
13.3 We make no representation or warranty that any Event, Service or Licensed Product will be:
13.3.1 useful to you;
13.3.2 of satisfactory quality;
13.3.3 fit for a particular purpose;
13.3.4 available or accessible, without interruption, or without error.
13.4 Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of £1,000. This applies whether your case is based on contract, tort or any other basis in law.
13.5 We shall not be liable to you for any loss or expense which is:
13.5.1 indirect or consequential loss; or
13.5.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
13.6 If you become aware of any breach of any term of this agreement by any person, please tell us by email to email@example.com. We welcome your input but do not guarantee to agree with your judgement.
13.7 Our Web Site contains links to other internet Web Sites. We have neither power nor control over any such Web Site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked Web Site, nor for any loss or damage arising from your use of any such Web Site.
14. Your Licence to use our Images / Videos
14.1 When you "buy" an LCFCFamily Licensed Product, what you do in fact buy is a licence to use our image / video for the purposes of your own business or in a single company. You may use it as often as you like subject to the other terms of this agreement.
14.2 All ownership rights and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect our rights in all countries.
14.4 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
14.5 No express or implied licence of the Licensed Product or any other material is granted to you other than the express Licence granted in this agreement.
15. Limitations and permissions on Licences
15.1 You must not sub-license a Licensed Product, unless we have made a specific agreement with you to enable you to do so.
15.2 You must not Copy or Publish a Licensed Product except as specifically allowed in this agreement.
15.3 You may not allow any other person to use a Licensed Product except in the situation or context for which you have bought it.
15.4 You may not represent or give the impression that you are the owner or originator of any Licensed Product. This does not apply to a person with whom we have made a specific agreement to use the Software for resale.
15.5 You may not remove any identification or reference number or other information which may be embedded in any file of a Licensed Product.
16. Third Party Owners and additional restrictions
Some Products offered for sale on our Web Site may be owned by Third Party Owners and not by us. Some Services offered for sale on our Web Site may be provided by Third Party Owners and not by us. Where that is indicated, the following additional provisions apply:
16.1 The price of the Product / Service includes a sum payable by us to the Third Party Owner.
16.2 You have no obligation to make payment to the Third Party Owner.
16.3 We are the agent of the Third Party Owner and accept all obligations and liability to you in connection with the Product / Service.
16.4 You remain liable to the Third Party Owner, through us, for compliance with this agreement.
16.5 In any event when you may be liable to the Third Party Owner for breach of this agreement, you will indemnify us for all cost and liability arising from our relationship with the Third Party Owner, our acting as his / her agent, or your buying a Licensed Product owned by him / her.
17. Storage of Files and Documents
We are not obliged to keep copies of communications between us, nor papers you send to us in any connection. You should therefore never send original papers to us. In practice, we will endeavour to keep soft copy of advice given, for our own benefit.
18. Copyright and other Intellectual Property
18.1 You agree that at all times you will:
18.1.1 not to cause or permit anything which may damage or endanger our title to any Licensed Product or other intellectual property or the title of any Third Party Owner whose work has been made available to us as a Licensed Product;
18.1.2 notify us of any suspected infringement of the intellectual property.
18.2 If you use a Licensed Product in a way not allowed by this agreement, we may take legal action anywhere in the World. If loss to us or any other person results from your wrongful action, you will be liable to pay.
18.3 If we terminate the Licence on account of your breach, you agree that you will:
18.3.1 immediately stop using the Licensed Product;
18.3.2 destroy all copies of the Licensed Product in your possession or control;
18.3.3 destroy any work of yours derived from a Licensed Product.
18.4 To give assurance both to you and to us that you are using the Licensed Product in accordance with the terms of the Licence, you agree that you will give us copies of your works and materials containing or using a Licensed Product. We will give you 14 days notice of this requirement. You agree also to provide access to relevant pages which have restricted access or are fire-walled.
18.5 If we reasonably believe that you are using a Licensed Product beyond the scope of this Licence, you agree to provide written confirmation of your compliance, in a form to be drawn by us.
19. Content you Post to Our Web Site
You agree that you will adhere to our code of conduct and not use or allow anyone else to use Our Web Site to Post Content or produce a document which is or may:
19.1 be information which could promote or assist any unlawful purpose;
19.2 be malicious, defamatory, offensive, or threatening;
19.3 consist in commercial audio, video or music files;
19.4 promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
19.5 solicit passwords or personal information from anyone;
19.6 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
19.7 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
19.8 link to any of the material specified in this paragraph.
20. Removal of offensive Content
20.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Web Site for any purpose.
20.2 We are under no obligation to monitor or record the activity of any user or visitor to Our Web Site for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
20.3 If you are offended by any Content, the following procedure applies:
20.3.1 Your claim or complaint must be submitted to us in the Contact form available on Our Web Site or contain the same information as that requested in our form. It must be sent by email.
20.3.2 we shall remove the offending Content as soon as we are reasonably able;
20.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
20.3.4 we may re-instate the Content about which you have complained or not.
20.4 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
20.5 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
21. Security of Our Web Site
If you violate Our Web Site we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
21.1 modify, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used within it.
21.2 link to our site in any way that would cause the appearance or presentation of Our Web Site to be different from what would be seen by a user who accessed Our Web Site by typing the URL into a standard browser;
21.3 download any part of Our Web Site, without our express written consent;
21.4 collect or use any product listings, descriptions, or prices;
21.5 collect or use any information obtained from or about Our Web Site or the Content except as intended by this agreement;
21.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Web Site, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
21.7 for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other Web Site;
21.8 upload or republish any part of our Content on any Internet, intranet or extranet site.
21.9 share with a third party any login credentials to Our Web Site;
21.10 use on Our Web Site software which assists in:
21.10.1 data mining, extraction or collection;
21.10.2 performing any automated operation;
21.11 Despite the above terms, we now grant a licence to you to:
21.11.1 create a hyperlink to Our Web Site for the purpose of promoting an interest common to both of us. you can do this without specific permission. This licence is conditional upon you not portraying us or any Product, Event or Service in a false, misleading, derogatory, or otherwise offensive manner.
21.11.2 you may copy the text of any page for your personal use in connection with the purpose of Our Web Sites or a Event or Service we provide.
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
23. Dispute resolution
The following terms apply in the event of a dispute between the parties:
23.1 If you are not happy with our Events or Services or have any complaint then you must tell us by using the contact us page and select the query option as complaint or send an email message to firstname.lastname@example.org
23.2 If a dispute is not settled by negotiation, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
23.3 We can propose an ADR provider or will listen to your proposal. If you are in any way concerned, you should read the regulations here.
24. Miscellaneous matters
24.1 You undertake to provide to us your current land address, e-mail address and telephone as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
24.2 We may change this agreement in any way at any time. The version applicable to your contract is the version which is Posted on Our Web Site at the time you buy a Ticket for an Event, buy a Licensed Product or Product or Book a Service.
24.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
24.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
24.5 Any obligation in this agreement intended to continue to have effect after termination shall so continue.
24.6 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
24.7 When you visit Our Web Site or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Web Sites. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
24.8 Any communication to be served on either of the Parties by the other shall be sent by e-mail or by using the Web Sites Contact page or by post.
It shall be deemed to have been delivered:
If sent by post to the correct address: within four working days of posting to an address in the European Union and eight working days to any other address;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
24.9 This agreement does not give any right to any third party under the UK Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of any of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
24.10 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
24.11 This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
24.12 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales.