TERMS + CONDITIONS
“The British Mountaineering Council recognizes that climbing and mountaineering are activities with a danger of personal injury or death. Participants in these activities should be aware of and accept these risks and be responsible for their own actions and involvement.”
Although a climbing centre is an artificial environment the risks involved are no less serious than when climbing outside. There is an additional risk that bolt on holds can spin or break. Loose or damaged holds must be reported to reception straight away.
The soft flooring does not make the climbing any safer!
The soft flooring under the bouldering wall is designed to provide a more comfortable landing for climbers falling or jumping from the bouldering wall.
Broken and sprained limbs are common in this type of climbing wall despite the soft landing.
Uncontrolled falls are likely to result in injuries to yourself or others.
Climbing beyond your capabilities on any wall is likely to result in a fall. Any fall may result in an injury, despite the safety systems in place to avoid it.
Our duty of care:
The rules of this climbing centre as set out below are not intended to limit your enjoyment of the facilities. They are part of the duty of care that we (as operators) owe to you (the customer) by law. As such they are not negotiable and if you are not prepared to abide by them then the staff must politely ask you to leave.
Your duty of care:
You must make your own assessment of the risks whenever you climb.
Before you climb the centre expects you to fully understand the dangers involved with bouldering and accept the risks involved.
You are required to register to say that you are prepared to abide by the rules and that you understand the risks involved in your participation.
Anyone who has not registered must not climb with or without supervision.
Staff will provide whatever help and advice they can, but instruction in climbing techniques & safety will only be provided where it has been booked and paid for in advance.
Report to reception on each visit before you climb.
You must exercise care, common sense and self preservation at all times.
Report any problems with the walls, equipment or other climbers’ behaviour to a member of staff immediately.
Be aware of other climbers around you and how your actions will affect them.
Never climb directly above or below another climber.
Don’t sit or stand under or near the walls when people are climbing.
Keep the mat free of any obstructions like bags, clothing, bottles, shoes etc.
No food or drink on the mats at any time.
If you are not confident in the use of any of the facility, then do not attempt to use it.
Bouldering:
Always climb within your capabilities and descend by climbing down, or at the very least a controlled fall.
Statements of “Good practice” are posted around each centre. These describe the accepted methods of use and how customers would normally be expected to behave towards each other.
Refunds
Memberships
We’re always happy to refund memberships in the case of pregnancy or the onset of a medical condition which causes a life change, please get in touch: info@archclimbingwall.com.
Online Shop
If you change your mind about any item you bought from us online, you can return it to us for a refund within 30 days from the date of dispatch. Please email info@archclimbingwall.com or click here to fill out the cancellation form. Items must be in resalable condition with original labels and packaging attached and intact. Initial delivery charges are non-refundable, and fees apply for all returns. Returns postage to be paid by the customer.
SHOP Deliveries + returns
United Kingdom
Royal Mail 2nd class, 2-3 working days from dispatch
Europe
Royal International Standard, 3 - 5 working days from dispatch
Countries include: Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Faroe Islands, Finland, France, Georgia, Germany, Gibraltar, Greece, Greenland, Hungary, Iceland, Ireland, Italy, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan, Vatican City State (Holy See)
Rest of the World
Royal Mail International Standard, 5 - 7 working days from dispatch
1 item: £7.50
2 - 6 items £14
Returns
If you change your mind about any item you bought from us online, you can return it to us for a refund within 30 days from the date of dispatch. Items must be in resalable condition with original labels and packaging attached and intact. Initial delivery charges are non-refundable, and fees apply for all returns. Returns postage to be paid by the customer.
For any Arch Merch, please check the returns address that is included with your delivery.
For Shoes sold online please return any items by mail only to the following address:
The Arch Climbing Wall: Surrey Quays
Floor 0, Surrey Quays Shopping Centre
London
SE16 7LL
United Kingdom
If the item you bought is faulty, damaged or incorrect in any way, please email: shop@archclimbingwall.com.
Privacy Notice (GDPR)
Inner Ape Ltd. (trading as The Arch Climbing Wall) (the “Wall”, “we”, “us”) (registered company number 6267504) is committed to protecting your privacy. At all times we aim to respect any personal information you share with us, or that we receive from others, and keep it safe. This Privacy Notice (“Notice”) sets out our data processing practices and your rights and options regarding the ways in which your personal information is used and collected (including through our website – www.archclimbingwall.com).
This Notice contains important information about your personal rights to privacy. Please read it carefully to understand how we use your personal information.
The provision of your personal information to is voluntary. However, without providing us with your personal information, your use of our services or your interaction with us many be impaired. For example, you may be unable to sign up as a member or make an online booking.
Contents of this policy:
1) How we collect personal information about you.
2) What personal information do we use?
3) How and why will we use your personal information?
4) Lawful bases.
5) Communications for marketing/fundraising.
6) Children’s personal information.
7) How long do we keep your personal information?
8) Will we share your personal information?
9) Security/storage of and access to your personal information.
10) International Data Transfers.
11) Exercising your Rights.
12) Changes to this Notice.
13) Links and third parties.
14) How to contact us.
1. How we collect personal information about you:
a) when you give it to us directly
For example, personal information that you submit through our website such as pre-registering on our database; or via our tablets at reception; or by making a booking to use our facilities; or signing up for our email newsletter; or personal information that you give to us when you communicate with us by email, phone or letter.
b) When we obtain it indirectly
For example, your personal information may be shared with us by third parties including third party service providers; analytics providers and search information providers. To the extent we have not done so already, we will notify you when we receive personal information about you from then and tell you how and why we intend to use that personal information.
c) When it is available publicly
Your personal information may be available to us from external publicly available sources. For example, depending on your privacy settings for social media services, we may access information form those accounts or services (for example when you choose to interact with us via Facebook, Instagram, Twitter and Google).
d) When you visit our website
When you visit our website, we automatically collect the following types of personal information:
i) Technical information, including the internet protocol (IP) address used to connect your device to the internet, browser type and version, time zone setting, browser plug-in types and versions and operating systems and platforms.
ii) Information about your visit to the websites, including the uniform resource locator (URL) clickstream to, through and from the website (including date and time), services you viewed or searched for, page response times, download errors, lengths of visits to certain pages, referral sources, page interaction information (such as scrolling and clicks) and methods used to browse away from the page.
iii) We collect and use your personal information by using cookies on our website – please see our Cookie Notice on our website.
In general, we may combine your personal information from these different sources set out in a-d above, for the purposes set out in this Notice.
2. What personal information do we use?
We may collect, store and otherwise process the following kinds of personal information:
i. Your name and contact details including postal address, telephone number, email address, emergency contact details and, where applicable, social media identity;
ii. Your date of birth and gender;
iii. Your financial information, such as bank details and/or credit/debit card details,
iv. Information about your computer/mobile device and your visits to and use of this website including, for example, your IP address and geographical location;
v. Personal descriptions and photographs;
vi. Details of your qualifications/experience;
vii. CCTV recordings;
viii. Information relating to medical emergencies or accidents on our premises;
ix. Medical information shared by you where you feel is important for us to know about a certain medical condition when you are using our centres
And/or any other personal information which we obtain as per paragraph 1.
Do we process special categories of data?
The EU General Data Protection Regulation (“GDPR”) recognises certain categories of personal information as sensitive and therefore requiring more protection, for example information about your health, ethnicity and religious beliefs.
In certain situations, we may collect and/or use these special categories of data (for example, information on climbers’ medical conditions relevant to their use of our facilities). We will only process these special categories of data if there is a valid reason for doing so and where the GDPR allows us to do so.
3. How and why will we use your personal information?
Your personal information, however provided to us, will be used for the purposes specified in this Notice. In particular, we may use your personal information:
a) to register you as a member of the Wall;
b) to allow you to make a booking to use our facilities;
c) to otherwise provide you with services, products or information you have requested;
d) to provide further information about our work, services or activities (where necessary, only where you have provided your consent to receive such information);
e) to assist you with certification schemes, such as NICAS;
f) to answer your questions/requests and communicate with you in general;
g) to allow you to apply for a job or volunteer role with us;
h) to manage relationships with our partners and service provider;
i) to analyse and improve our work, services, activities, products or information (including our website), or for our internal records;
j) to keep our facilities safe and secure;
k) to run/administer the activities of the Wall, including our website, and ensure that content is presented in the most effective manner for you and your device;
l) to audit and/or administer our accounts;
m) to satisfy legal obligations which are binding on us, for example in relation to regulatory, government and/or law enforcement bodies with whom we may work (for example requirements relating to the payment of tax or anti-money laundering);
n) to keep our facilities safe and secure;
o) for the prevention of fraud or misuse of services; and/or
p) for the establishment, defence and/or enforcement of legal claims
4. Lawful Bases
The GDPR requires us to rely on one or more lawful bases to use your personal information. We consider the grounds listed below to be relevant.
a) Where you have provided your consent for us to use your personal information in a certain way (for example, we may ask for your consent to use your personal information to send you email newsletters, or to collect special categories of your personal information. Special categories of personal information are explained in paragraph 2 above).
b) Where necessary so that we can comply with a legal obligation to which we are subject (for example, where we are obliged to share your personal information with regulatory bodes which govern our work and services).
c) Where necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering a contract (for example, to provide you access to our facilities in return for your booking fee).
d) Where it is in your/someone else’s vital interests (for example, in case of medical emergency suffered by a climber).
e) Where there is a legitimate interest in us doing so.
The GDPR allows us to collect and process your personal information if it is reasonably necessary to achieve our or others’ legitimate interests (as long as that processing is fair, balanced and does not unduly impact your rights as an individual).
In broad terms, our “legitimate interests” means the interests of running of the Wall as a commercial entity and ensuring the best possible user experience.
When we process your personal information to achieve such legitimate interests, we consider and balance any potential impact on you (both positive and negative), and on your rights under data protection laws. We will not use your personal information for activities where our interests are overridden by the impact on you, for example where use would be excessively intrusive (unless, for instance, we are otherwise required or permitted to by law).
5. Communications for marketing/promotional purposes
We may use your contact details to provide you with information about our work, events, services and/or activities which we consider may be of interest to you (for example, about services you previously used, or events involving our, or other walls’, facilities).
Where we do this via email, SMS or telephone (where you are registered with the Telephone Preference Service), we will not do so without your prior consent (unless allowed to do so via applicable law).
Where you have provided us with your consent previously but do not wish to be contacted by us about our work, events, services and/or activities in the future, please let us know by email at privacy@archclimbingwall.com. You can opt out of receiving emails from the Wall at any time by clicking the “unsubscribe” link at the bottom of our emails.
6. Children’s personal information
When we process children’s personal information, where required we will not do so without their consent or, where required, the consent of a parent/guardian. We will always have in place appropriate safeguards to ensure that children’s personal information is handled with due care.
7. How long do we keep your personal information?
In general, unless still required in connection with the purpose(s) for which it was collected and/or processed, we remove your personal information from out records six years after the date it was collected; or six years after a junior (Under 18 years of age when registered) turns 18.
However, if before that date (i) your personal information is no longer required in connection with such purpose(s), (ii) we are no longer lawfully entitled to process it or (iii) you validly exercise your right of erasure (please see section 11 below), we will remove it from our records at the relevant time.
If you request to receive no further contact from us, we may keep some basic information about you on our suppression list in order to comply with your request and avoid sending you unwanted materials in the future.
8. Will we share your personal information?
We do not share, sell or rent your personal information to third parties for marketing purposes. However, in general we may disclose your personal information to selected third parties in order to achieve the purposes set out in this Notice.
These parties may include (but are not limited to):
a) local government agencies;
b) funding bodies such as Sport England and NGB;
c) awarding bodies such as Mountain Training;
d) healthcare professionals;
e) providers of kit and equipment;
f) suppliers and sub-contractors for the performance of any contract we enter into with them, for example IT service providers such as website hosts or could storage providers;
g) professional services providers such as accountants and lawyers;
h) parties assisting us with research to monitor the impact/effectiveness of our work, events, services and activities; and
i) regulatory authorities, such as tax authorities;
In particular, we reserve the right to disclose your personal information to third parties:
i) in the event that we sell or buy any business or assets, in which case we will disclose your personal information to the (prospective) seller or buyer of such business or assets;
ii) if substantially all of our assets are acquired by a third party, personal information held by us may be one of the transferred assets;
iii) if we are under any legal or regulatory duty to do so; and/or
iv) to protect the rights, property or safety of the Wall, its personnel, users, visitors or others.
9. Security/storage of access to your personal information
The wall is committed to keeping your personal information safe and secure and we have appropriate and proportionate security policies and organisational technical measures in place to help protect your information.
Your personal information is only accessible by appropriately trained staff, volunteers and contractors, and stored on secure servers which have features to prevent unauthorised access.
10. International Data Transfers
Given that we are a UK-based organisation we will normally only transfer your personal information within the European Economic Area (“EEA”), where all countries have the same level of data protection las as under the GDPR.
However, because we may sometimes use agencies and/or suppliers to process personal information on our behalf, it is possible that personal information we collect from you will be transferred to and stored in a location outside the EEA, for example the United States.
Please note that some countries outside of the EEA have a lower standard of protection for personal information, including lower security requirements and fewer rights for individuals. Where your personal information is transferred, stored and/or otherwise processed outside the EEA in a country that does not offer an equivalent standard of protection to the EEA, we will take all reasonable steps necessary to ensure that the recipient implements appropriate safeguards (such as by entering into standard contractual clauses which have been approved by the European Commission) designed to protect your personal information and to ensure that your personal information is treated securely and in accordance with this Notice. If you have any questions about the transfer of your personal information, please contact us using the details below.
Unfortunately, no transmission of your personal information over the internet can be guaranteed to be 100% secure – however, once we have received your personal information, we will use strict procedures and security features to try and prevent unauthorised access.
11.Excercising your Rights
Where we rely on your consent to use your personal information, you have the right to withdraw that consent at any time. This includes the right to ask us to stop using your personal information for marketing or fundraising purposes or to unsubscribe from our email list at any time. You also have the following rights:
1) Right of access – you can write to us to ask for confirmation of what personal information we hold on you and to request a copy of that personal information. Provided we are satisfied that you are entitled to see the personal information requested and we have successfully confirmed your identity, we will provide you with your personal information subject to any exemptions that apply.
2) Right of erasure – at your requests we will delete your personal information from our records as far as we are required to do so. In many cases we would propose to suppress further communications with you, rather than delete it.
3) Right of rectification – if you believe our records of your personal information are inaccurate, you have the right to ask for those records to be updated. You can also ask us to check the personal information we hold about you if you are unsure whether it is accurate/up to date.
4) Right to restrict processing – you have the right to ask for processing of your personal information to be restricted if there is disagreement about its accuracy or legitimate usage.
5) Right to object – you have the right to object to processing where we are a) processing your personal information on the basis of the legitimate interest basis (see paragraph 4), b) using your personal information for direct marketing or c) using your information for statistical purposes.
6) Right to data portability – to the extent required by the GDPR, where we are processing your personal information (that you have provided to us) either a) by relying on your consent or b) because such processing is necessary for the performance of the contract to which you are party or to take steps at your request prior to entering into a contact, and in either case we are processing using automated means (i.e. with no human involvement), you may ask us to provide the personal information to you – or another service provider – in a machine-readable format.
7) Rights related to automated decision – you have the right not top be subject to a decision based solely on automated processing of your personal information which produces legal or similarly significant effects on you, unless such a decision a) is necessary to enter into/perform a contract between you and us/another organisation; b) is authorised by EU or Member State law to which the Wall is subject (as long as that law offers you sufficient protection); or c) is based on your explicit consent.
Please note that some of these rights only apply in limited circumstances. For more information, we suggest that you contact us using the details in paragraph 14 below.
We encourage you to raise any concerns or complaints you have about the way we use your personal information by contacting us using the details provided in paragraph 14 below. You are further entitled to make a complaint to the Information Commissioner’s Office – www.ico.org.uk. For further information on how to exercise this right, please contact us using the details below.
12. Changes to this Notice
We may update this Notice from time to time. We will notify you of significant changes by contacting you directly where reasonably possible for us to do so and by placing an update on our website. You are advised to review this Privacy Policy periodically for any changes. This Notice was last updated on 07/08/2018.
13. Links and third parties
We link our website directly to other sites. This Notice does not cover external websites we are not responsible for the privacy practices or content of those sites. We encourage you to read the privacy policies of any external websites you visit via links on our website.
14. How to contact us
Please let us know if you have any questions or concerns about this Notice or about the way in which the Wall processes your personal information by contacting us at the channels below. Please ask for/mark messages for the attention of Data Protection Officer.
Email: privacy@archclimbingwall.com
Telephone: 020 7237 4418
Post: The Arch Climbing Wall, Unit A.01 Tower Bridge Business Centre, Drummond Road, Se16 4DG.
membership t&c’s
THE ARCH CLIMBING WALL
MEMBERSHIP TERMS AND CONDITIONS
Welcome to the membership terms and conditions of The Arch Climbing Wall! These terms set out the services that we provide to you when you sign up for a membership, make a booking with us or order a product from us, and the legal relationship between you and us. Please read these terms carefully, as they set out important information about your rights and obligations.
We recommend that you pay particular attention to clause 17 of these terms, which sets out important limits and exclusions of our liability to you, and clauses 15 and 16, which set out important information about your rights.
When we use capitalised terms in these membership terms and conditions, we use them with the specific meanings set out in clause 4.
1. What are in these Membership Terms?
1.1
These membership terms and conditions (which we will refer to as the Membership Terms) tell you the rules for using our climbing wall and related amenities made available at our Centres (the Services). These Membership Terms also govern the supply of any products to you, whether hired in person at our centre or purchased directly from our Website (the Products).
1.2
By signing the registration form (or placing an Order through our Website and accepting these Membership Terms), you confirm that you accept the Membership Terms and that you agree to comply with them. If you do not agree to these Membership Terms, you must not use our Services or place an Order with us for Products.
1.3
We may make changes to the Membership Terms at any time. However, the Membership Terms which will apply to the Services which we provide to you will be those in force at the time you signed up to a membership (or placed an Order via our Website). We recommend that you keep a record of these Membership Terms for future reference.
1.4
If we change the Membership Terms, we will publish the new version on our Website and notify you of the changes. Every time you place an Order, please check the Terms to ensure you understand the Membership Terms that apply to your Order at that time.
1.5
You must be at least 18 years of age to place an Order with us. Persons under 18 may use our Services under a Young Persons Membership for which their parent or guardian must register.
2. Who we are
2.1
We are Inner Ape Limited (trading as The Arch Climbing Wall), a company registered in England and Wales under company number 06267504. Our registered office is at: Lynton House 7-12, Tavistock Square, London WC1H 9LT. Our VAT number is: 918692876.
2.2
If you need to contact us, please do so by:
2.2.1
sending an email to info@archclimbingwall.com; or
2.2.2
speaking to us in person at one of our Centres.
3. What other terms apply?
3.1
There are other terms which may apply to you, which can be found on our Website:
3.1.1
our Privacy Policy, which sets out details of how we collect, use and look after your personal data when you place an order with us or visit and use our platform; and
3.1.2
our Cookies Policy, which sets out information about the cookies on our platform.
4. Understanding these Membership Terms
4.1
In the Membership Terms the following words and expressions shall have the following meanings:
Agreement
the agreement made between us and you in accordance with clause 5.3, which:
where you have signed up for a Membership, comprises the Registration Form, the Membership Terms and the Waiver; and
where you have purchased Products from our Website, comprises these Membership Terms only.
Booking
a class, event, lesson or other service purchased in addition to, or without, a Membership;
Centre
any of our centres where we make available the Services to you from time to time and which you may access in accordance with your Membership;
Fees
all fees, charges, costs and expenses payable to us under or in connection with the Agreement;
Membership
your right to access the Centres, available on an auto-renewing basis and subject to the type of membership which you subscribe to, as described in more detail on our Website;
Membership Terms
these membership terms and conditions, as defined in clause 1.1;
Order
your registration for a Membership, making of a Booking or order for Products from our Website (as applicable);
Product
the equipment available for hire on a daily basis at a Centre, or a product that is displayed for sale on our Website or at a Centre from time to time;
Registration Form
the registration form you complete at the time of signing up for a Membership;
Services
the climbing wall services and related amenities we provide to you at our Centres;
Waiver
the disclaimer of liability which you sign at the time of signing up for a Membership or making a Booking (as applicable);
Website
our website, available at https://www.archclimbingwall.com.
5. Registration and placing an Order
5.1
We require you to register with us prior to using our Services to ensure that you are prepared to abide by the rules in place at our Centres for your and other visitors’ safety and that you are aware of the risks involved in your participation. You will not be able to register unless you have successfully completed our initial safety instruction process on sign-up.
5.2
By signing (whether in person or electronically) the Registration Form and the Waiver, or by clicking ‘accept’ to our Membership Terms on the Website, you agree to be bound by the terms of the Agreement.
5.3
We will only accept your Order when we email you to confirm this. At this point, a legal binding contract will be in place between you and us and we will provide the Services (or Products, as applicable) in accordance with these Membership Terms.
5.4
We may contact you to say that we do not accept your Order, or that we cannot complete your registration or Booking. This is typically for the following reasons:
5.4.1
we cannot carry out the Services (for example, because we have a shortage of staff);
5.4.2
the Products are unavailable;
5.4.3
we cannot authorise your payment;
5.4.4
you are not allowed to buy the Products or register with us (for example, because you are under age for the relevant Products);
5.4.5
there has been a mistake on the pricing or description of our Services or Products.
6. Memberships
6.1
If you have a Membership, you are entitled to access and use any of our Centres and their facilities. You are entitled to all the rights and privileges exercisable for the type of Membership you have subscribed to as set out on our Website. We also offer certain discounts on our Services and Products depending on the type of Membership you have.
6.2
Each Membership lasts for the period of time specified for the type of Membership selected, as set out on our Website. All Memberships will automatically renew for the same term after expiry of the initial term and any subsequent renewal periods, unless otherwise terminated in accordance with this Agreement. If you would like to end your Membership, please see clause 18 for more information on how you can do this.
6.3
If you would like to change your Membership to another type of Membership, please contact us at any time by email at: info@archclimbingwall.com.
7. Bookings
We offer a range of events, classes and lessons at our Centres, which you may book in advance for an additional fee.
8. Your responsibilities
8.1
You will:
8.1.1.
provide complete and accurate information to use at our reasonable request; and
8.1.2
obtain all necessary consents and permissions as required in connection with the Agreement under applicable law (including in respect of any individual’s personal data which you provide to us in order to perform the Service or deliver a Product).
8.2
Where you have a Membership:
8.2.1
you agree that you (and any person under 18 for whom you are responsible) will comply at all times with the rules set out in the Waiver, and all other rules, best practice and instructions displayed at a Centre or on our Website, or given to you by a member of staff; and
8.2.2
you will not allow any other person to use your Membership or gain unauthorised access to a Centre (for example, where they do not have a Membership).
9. Our Services
9.1
We will provide the Services to you using reasonable care and skill.
9.2
Our Services (and any Products which you may purchase or hire from us) are provided to you for your domestic and personal use only. You must not use them for commercial, business or resale purposes.
10. Availability
10.1
All our Services and Products are subject to availability. We cannot guarantee that any Membership, Booking or Product will be available at any given time. In certain circumstances beyond our reasonable control, we may need to stop selling certain Services or Products. If this happens and it affects your Order, we will notify you by email, cancel your Order, and provide you with a full refund (including any delivery costs) if payment has already been taken.
11. Our Products
11.1
Descriptions of our Products are set out on our Website.
11.2
Please read the product description carefully. Pictures and images of the Products or their packaging on our Website are for illustration purposes only. Your Products and their packaging may vary slightly from those pictures of images.
11.3
We cannot guarantee that the colours displayed on your device will match exactly the appearance of your Products. The colours of the Products displayed on our Website may vary depending on what device you are using and your settings.
11.4
All weights, sizes and measurements set out on our Website are as accurate as possible but there may be a small tolerance of up to 1%.
12. Delivery of Products
12.1
We will deliver your Order to the address specified by you when you placed your Order.
12.2
If no one is available to take delivery, our couriers will follow the delivery instructions you provided to us (e.g. leaving it in a specified safe location or delivering it to a neighbour or nearby business) and post a delivery note through your letterbox or email you to let you know where we have left your package. If a further delivery attempt is unsuccessful or our couriers are unable to follow your delivery instructions, we will notify you by email, cancel your Order and refund you the price of the Products (but not the delivery charge).
12.3
Please examine the Products as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible.
12.4
Once your Order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the Products passes to you and the Products are classed as having been ‘delivered’. This means that you are responsible for the Products and we are not liable to you if the Products are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the Products are faulty or misdescribed. Ownership of the Products passes to you once you have paid for them in full.
12.5
Your Order will be delivered on within the delivery period specified, depending on the delivery option selected when you placed your Order. We will deliver your Order within 30 days of the shipping confirmation email unless otherwise agreed between you and us.
12.6
Any delivery dates stated during the order process, or in your order email confirmation or shipping confirmation emails, are estimates, unless we have agreed a specific delivery date with you.
12.7
We will do all that we reasonably can to deliver your Order within the delivery period agreed with you. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
13. Fees
13.1
Prices for each Membership, Booking and Product are set out on our Website. All prices are in pounds sterling (£) (GBP) and include VAT at the applicable rate. All prices exclude delivery charges; for more information on delivery options and costs, go to our Website.
13.2
Prices for our Products and Bookings may change at any time. Except as set out at clause 13.4 below, such changes will not affect existing Orders.
13.3
We may increase our Membership Fees each year – we will give you at least 2 months’ notice by email of any incoming price increase and notify you of how much your Membership will cost after the increase. If you do not wish to continue your Membership following the increase in the Membership Fees, you may end your Membership in accordance with clause 18 prior to the increase coming into effect. If you do not end your Membership at least 48 hours before the date of the price increase, then your Membership shall increase in accordance with our notice.
13.4.
If there has been an error on our Website regarding the pricing of any of our Services or Products and this affects you, we will try to contact you using the contact details you provided when placed your Order. We will give you the option to re-confirm your Order at the correct price or to cancel your Order. If we are unable to contact you, we will treat the Order as cancelled and notify you by email.
14. Payment
14.1
We require payment of the fees for your Membership and each Booking in advance by direct debit. You will pay the fee for your Membership on the frequency specified for the type of Membership you have registered for, as set out on our Website.
14.2
Where you have ordered Products from our Website, we will take payment from your card when your Order is ready for dispatch. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your Order. If we are unable to contact you, we will cancel your Order and notify you by email.
14.3
We will do all that we reasonably can to ensure that all the information you give to us when paying for the Services and/or Products is encrypted, by using a secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with the Agreement or our Privacy Notice, or breach of our duties under applicable law, we will not be legally responsible to you for any loss you may suffer if a third party gains unauthorised access to any information you give us.
15. Cancelling your Membership or Products
15.1
Where you have registered for a Membership or purchased Products from our Website, you have 14 days from the date of the confirmation email (in respect of your Membership) or 14 days from the date of delivery (in respect of Products) (as applicable) to change your mind and cancel your Order. If you would like to cancel your Order (as applicable), please email us at: info@archclimbingwall.com or complete the Cancellation Form available here: https://www.archclimbingwall.com/terms-conditions.
15.2
If you cancel your Order, we will reimburse to you all payments received from you, subject to whether you instructed us to provide the Services to you during the cancellation period (please see clause 15.4). We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
15.3
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
15.4
If you requested that we begin the performance of Services during the cancellation period on registration for your Membership, we shall retain an amount which is in proportion to the Services which we provided to you before you communicated us your cancellation of this Agreement, in comparison with the full period of the Membership.
15.5
Where more than 14 days have passed since your email confirmation or delivery (as applicable), you will only be able to cancel your Order in accordance with clause 18.
15.6
Please note that you do not have a statutory consumer right of cancellation in the following circumstances:
15.6.1
In respect of Bookings made via our Website, as we supply services related to leisure activities and Bookings provide for a specific date of performance; and
15.6.2
In respect of Memberships, Bookings or Products purchased in person at a Centre, as there is no statutory right to cancel in respect of these arrangements.
16. Faulty Products or Services
16.1
You have legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) in relation to the Services, which are summarised below:
16.1.1
The services which we provide to you must be carried out with reasonable care and skill. If our services have not been carried out with reasonable care and skill, you can ask us to repeat or fix the services, or get some money back if we can’t fix it;
16.1.2
Where the price has not been agreed upfront, the cost of the services must be reasonable; and
16.1.3
Where no time period has been agreed upfront for the provision for the services, we must carry out the services within a reasonable time.
16.2
The Consumer Rights Act 2015 says that goods must be as described, fit for purpose and satisfactory quality. During the expected lifetime of your Product, you’re entitled to the following:
16.2.1
up to 30 days: if your goods are faulty, you can get a refund;
16.2.2
up to 6 months: if your goods can’t be repaired or replaced, then you’re entitled toa full refund in most cases; and
16.2.3
up to 6 years: if your goods do not last a reasonable length of time, you may be entitled to get some money back.
You do not have a legal right to a refund or a replacement just because you change your mind, but please see our Returns information at clause 20.
16.3
This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 15 above, where you have registered online or purchased Products from us online. For more detailed information on your rights, visit the Citizens Advice Website at www.citizensadvice.org.uk or call 0808 223 1133.
16.4
If there is a problem with any Services or Products which you have purchased from us, please contact us as soon as reasonably possible: for Services at: info@archclimbingwall.com and for Products at: shop@archclimbingwall.com.
17. Our liability
17.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the Agreement was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
17.2 Except for any legal responsibility which we cannot exclude in law (such as death or personal injury) or which arise under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
17.2.1 losses that were not foreseeable to you or us at the time the client agreement was formed;
17.2.2 losses which were not caused by any breach on our part;
17.2.3 losses which were caused by a failure on your part to comply with your obligations under these terms (such as failing to comply with our safety rules);
17.2.4 business losses; or
17.2.5 losses to non-consumers.
17.3 Nothing in the Agreement excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
17.4 Subject always to clause 17.2, you acknowledge that you have read and signed the Waiver and you are fully aware of the risks of climbing and bouldering activities and the rules by which you must comply in order to use our Services safely.
18. Ending or freezing your Membership
18.1
If you become pregnant or suffer a life-altering injury or illness which renders you unable to boulder for a period of time and wish to freeze your Membership at any time, please contact us at: info@archclimbingwall.com. We are entitled to decide whether to approve the freezing of your Membership based on your circumstances. Where a Membership has been frozen, you will temporarily cease to be obliged to make payment to us at the regular intervals required under your type of Membership until you contact us to un-freeze your Membership. Your Membership will remain available to you on the same terms until you un-freeze your Membership even if we make changes to the Memberships we make available during the period your Membership is frozen (except where those changes are required by law or regulation, or where we increase our prices under clause 13.3).
18.2
If you wish to end your Membership at any time, you may do this by:
18.2.1
cancelling your direct debit in respect of future payments of the Membership;
18.2.2
terminating your account via Capitan (our booking system provider); or
18.2.3
contacting us in person at a Centre or by email at info@archclimbingwall.com.
18.3
You must ensure that you complete one of the termination methods listed above at clause 18.2 at least 48 hours before your next payment is due to be collected in order to avoid being charged for the subsequent subscription period,
18.4
Where you end your Membership in accordance with clause 18.2, your Membership shall remain in force until the end of the final subscription period for which you have made payment, at which point it will automatically end.
19. Our rights to end the Agreement
19.1
We can end the Agreement and claim compensation due to us if:
19.1.1
you do not make any payment to us when it is due and you still do not make payment within 7 days of our reminding you that payment is due;
19.1.2
you do not provide us with the information or cooperation we need to provide the Services or Products to you within a reasonable time of us asking for the same. For example, you fail to provide payment or delivery information or you refuse to sign the Waiver;
19.1.3
you breach your obligations under clause 8; or
19.1.4
you (or a person under 18 for whom you have parental responsibility or someone you have allowed unauthorised access to a Centre) break the rules, good practice or instructions set out in the Waiver, displayed at a Centre or on our Website or otherwise communicated to you by a member of staff;
19.1.5
antisocial, aggressive or disruptive behaviour by you (or a person under 18 for whom you have parental responsibility or someone who you have allowed unauthorised access to a Centre) including theft, property damage, attempting to enter without payment or sign-up or abuse of staff or other individuals in attendance at a Centre; or
19.1.6
you do not allow us to deliver Products to you within a reasonable period of time.
20. Refunds and Returns
20.1
If you have cancelled your Order under clause 15, we will provide you with a refund as soon as possible and no later than 14 days after the day on which you told us that you wanted to cancel.
20.2
We will issue your refund to the same payment method you used when you paid us.
20.3
If you change your mind about a Product which you purchased from our Website, you may return it to us and receive a refund within 30 days from the date of dispatch. Such refund will not include the standard delivery costs. Products must be in resalable condition with their original labels and packaging attached and intact. Please note that you are responsible for paying the costs of return. Please check the return address which was included in the delivery. Where you have purchased shoes online, please return the shoes by mail only to the following address: The Arch Climbing Wall: Surrey Quays, Floor 0 Surrey Quays Shopping Centre, London, SE16 7LL, United Kingdom.
21. Your information
Any personal information that you provide to us will be dealt with in line with our Privacy Policy available on our Website, which explains what information we collect and hold about you, and how we collect, store, use and share such information.
22. Complaints
22.1
If you are unhappy with us or the Services or Products we have provided to you, please contact us at: info@archclimbingwall.com.
23. General
23.1
Events outside our control. We shall not be deemed to be in breach of the Agreement or otherwise liable to you in any manner whatsoever for any failure or delay in performing our obligations under the Agreement due to any event or circumstance beyond our reasonable control, or which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.
23.2
Assignment. You are not allowed to assign, change or otherwise transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
23.3
Third Party rights. The Agreement is between you and us. No other person shall have any rights to enforce any terms of the Agreement and the Agreement does not give rise to any rights under the Agreements (Rights of Third Parties) Act 1999 to enforce any provisions of the Agreement.
23.4
Waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking Terms, this will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide our Services to you, we can still require you to make the payment at a later date.
23.5
Severance. If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
24. Notices
24.1
If we are providing notice to you, we shall send such notice to the email address you provide to us. You can provide notice in connection with the Agreement to us by email to: hello@archclimbingwall.com.
24.2
Any notice shall be deemed to have been received the next working day.
24.3
This Clause 24 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
25. Governing law and jurisdiction
English law applies to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK or other jurisdiction in which you live.