General terms and conditions

1. These terms

1.1 What these terms cover

These are the terms and conditions on which we supply the membership services to you. Further information about membership services including booking, cancelling, renewing and suspending membership services are set out in Schedule 1.

1.2 Why you should read them

Please read these terms carefully before you submit your application for one of our membership services. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 Changes to these terms

These terms and conditions including the attached schedules are subject to change. When changes are made a new copy of the terms and conditions including the attached schedules will be available on our website at southampton.ac.uk/sportandwellbeing.

2. Information about us and how to contact us

2.1 Who we are

We are Sport and Wellbeing, a division of the University of Southampton (UoS) which is a company registered by Royal Charter in England and Wales. Our registered office is at Highfield, University Road, SO17 1BJ.

2.2 How to contact us

You can contact us by telephoning our team at 023 8059 2119 or by writing to us at:

• Email:sportandwellbeing@southampton.ac.uk
• Address: Jubilee Sport Centre (Building 18), University of Southampton Highfield Campus, University Road, Southampton SO17 1BJ.

2.3 How we may contact you

We will contact you by telephone or by writing using the details you provide to us on your application form or from subsequent notification received from you regarding any changes to these details.

We will also make information such as any emergency closure information, available from time to time on our website at southampton.ac.uk/sportandwellbeing and also through our social media platforms including Facebook and Twitter.

2.4 "Writing" includes emails

When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your application

Our acceptance of your application will take place when we inform you that your application has been successful and we are able to provide you with the membership services, and a receipt for payment will be issued to you, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your application

If we are unable to accept your application, we will inform you of this in writing and will not charge you for the services. This may be for various reasons typically because of unexpected limits on our resources which we could not reasonably plan for, because particular medical or other information submitted by you as part of your application does not meet our minimum requirements or because we have identified an error in the price or description of the membership services.

4. Your rights to make changes

4.1 Making a change to your membership services

If you wish to make a change to your membership services please contact us in writing as set out at paragraph 2.2 above. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the membership services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

5. Our rights to make changes and to suspend membership services

5.1 Changes to the services

We may change the services and/or suspend the services in connection with the following:

• To deal with technical problems or to make technical adjustments or improvements to relevant equipment
• For deep or emergency cleaning
• To address a security threat
• To update the membership services to reflect changes in relevant laws and regulatory requirements
• On disciplinary grounds as set out in Schedule 2
• To make changes to the membership services as requested by you or notified by us to you (see clause 4 and this clause 5)

5.2 Events outside of Sports and Wellbeing’s control

Sports and Wellbeing will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these terms that is caused by events outside its reasonable control (Force Majeure Event). A Force Majeure Event includes but is not limited any act, event, non-occurrence, omission or accident beyond Sports and Wellbeing’s reasonable control. In the event of the Sports and Wellbeing this includes, in particular (without limitation), the following:

• 5.2.1 extreme adverse weather conditions;
• 5.2.2 interruption or failure of utility service, including but not limited to electric power, gas or water;
• 5.2.3 impossibility of the use of public or private telecommunications networks;
• 5.2.4 any pandemic, epidemic or other health emergency or lock-down issued by the government, and any period of self-isolation or shielding required by Personnel as a result of following prevailing
• Government guidance during the course of a pandemic, epidemic or other health emergency;
• 5.2.5 strikes, lock outs or other industrial action;
• 5.2.6 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• 5.2.7 fire, explosion, flood, earthquake, subsidence, epidemic or other natural disaster; or
• 5.2.8 impossibility of use of the railways, shipping, aircraft, motor transport or other means of public transport.

5.3 Reasonable steps to minimise effects

Subject to clause 5.2 Sport and Wellbeing will, where practicable, take reasonable steps to minimise any effects of the changes and/or any suspension on your membership services.

5.4 Notice of suspension of membership services

Unless the problem is urgent, or an emergency or immediate action is taken upon government advice, we will notify you in advance to tell you we will be suspending membership services. Notification will be posted on our website at southampton.ac.uk/sportandwellbeing and also through our social media platforms including Facebook and Twitter.

5.5 Effect on membership services

Where, it has become necessary for Sports and Wellbeing to suspend membership services for a period in excess of 28 days the following will apply;

• (a) You may claim a refund on a pro rata basis for membership fees paid during the period of suspension (See clause 8.4(b)); or
• (b) Alternatively, you may temporarily suspend your membership in accordance with schedule 2.

5.6 We may also suspend the membership services if you do not pay

If you do not pay us for the membership services when you are supposed to (see clause 11.2) and you still do not make payment within 4 days of us reminding you that payment is due, we may suspend supply of the membership services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the membership services.

6. Providing the membership services

6.1 When we will provide the membership services

We will supply the membership services to you from the date on which we accept your application for the time period set out in the application. Your membership will run until either you end the contract for the services as described in clause 8 or we end the contract by written notice to you as described in clause ‎9.

6.2 Membership cards

On our acceptance of your application, your UoS ID card will act as your membership card. If you are not eligible for a UoS ID card you will be issued with a membership card which will remain the property of UoS.

Membership to any UoS facilities available to your category of Membership Option is personal to you and is non-transferable. Your UoS ID card or membership card must not be used by anyone other than the card holder. Misuse of a membership card may result in the termination of membership services and this contract.

We ask that upon expiry of any membership services your membership card is returned to reception at the Jubilee Sports Centre, Mayflower or Wide Lane or securely destroyed by you.

7. Use of UoS facilities

7.1 When using the facilities you agree to abide by:

• a) The Rules and Regulations as set out in Schedule 2.
• b) The Health Commitment Statement as set out Schedule 3.

8. Your rights to end the contract

8.1 Ending the contract before services have been supplied and paid for

You can always end the contract before any membership services have been supplied and paid for. You have the right to cancel this contract within 14 days without giving any reason, but depending on the category of membership services applied for we may charge you a fee for doing so.

However, you do not have the right to cancel if you requested for us to start providing the services during the cancellation period and the services are fully performed during this period. The cancellation period will expire after 14 days from the day of the conclusion of the contract.

8.2 To exercise the right to cancel

You must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details at clause 2.2 or by using the online cancellation form. Alternatively, you may use the model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

8.3 When services are performed during the cancellation period

If you requested for us to start providing the services during the cancellation period and the services are fully performed during this period, you lose your right to cancel and will be required to pay the membership fees due under this contract even if the cancellation period has not expired.

8.4 What happens if you have good reason for ending the contract

If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full on a pro rata basis for any membership services which have not been provided or have not been properly provided. The relevant reasons are:

• (a) we have told you about an error in the price or description of the membership services you have ordered and you do not wish to proceed;
• (b) there is a risk the membership services may be significantly delayed for a period in excess of 28 days because of events outside our control;
• (c) you have a legal right to end the contract because of something we have done wrong.
• (d) any of the circumstances as set out in the Rules and Regulations in Schedule 2.

8.5 Refunds

We will make all reimbursements using the same means of payment as you used for the initial transactions, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

9. Our rights to end the contract

9.1 We may end the contract if you break it

We may end the contract at any time by writing to inform you if:

• (a) you do not make any payment to us when it is due and you still do not make payment within 4 days of us reminding you that payment is due;
• (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the membership services, for example, evidence of existing or arising medical conditions;
• (c) you fail to abide by the Rules and Regulations or as otherwise set out in Schedule 2 and/or the Health Commitment Statement set out in Schedule 3.

9.2 You must compensate us if you break the contract

If we end the contract in the situations set out in clause ‎9.1 (b) and (c) and outside of the cancellation period we will refund any money you have paid in advance for services we have not provided, but we may charge you an administration fee of £15.00. In addition, we have the right to claim damages from you in respect of your breach of the contract.

9.3 We may stop providing the membership services

We may write to you or publish information on our website to let you know that we are going to stop providing the services. We will let you know as soon as reasonably possible in advance of our stopping the services.

10. If there is a problem with the membership services

10.1 How to tell us about problems

If you have any questions or complaints about the membership services, please contact us. You can contact us by telephoning our team on the number given above or by writing to us at the address given above. Alternatively, please speak to one of our staff at the Centre. You may be asked to contact us by email so that we may fully investigate the matter for you.

10.2 Summary of your legal rights

See the box below for a summary of your key legal rights in relation to the membership services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website or call 03454 04 05 06.

The Consumer Rights Act 2015 says:

• you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
• if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
• if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

11. Price and payment

11.1 Where to find the price for the membership services

The price of the services will be the price in force at the date of your application as published on our website and in our application unless we have agreed another price in writing. We take reasonable care to ensure that the prices of membership services advised to you are correct. However please see clause 8.2 for what happens if we discover an error in the price of the services you order. We will give you 4 weeks’ notice, in writing, of any increase in our prices.

11.2 When you must pay and how you must pay

You are required to pay the Joining fee (if one is payable) together with membership fees to UoS in accordance with the chosen Membership Option. The payment method shall be agreed at the time of your application. Joining fees are applied to cover the initial administration costs associated with setting up a new membership and Recurring Card payment arrangements. You are required to keep membership payment details up to date using the membership payment system.

11.3 Recurring Card payments

In the event that you cancel a Recurring Card payment where we were in fact entitled to the payment, you may be charged a £5 fee (per cancelled payment) to cover our costs in attempting to recover the payment. This fee may be applied in addition to any payments due in relation to further membership services.

12. Our responsibility for loss or damage suffered by you

12.1 We are responsible to you for foreseeable loss and damage caused by us

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the application process.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so

This includes liability for death or personal injury caused by our negligence or the negligence of our employees or agents; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the membership services.

13. Other important terms

13.1 How we will use your personal information

We will only use your personal information as set out in our Privacy Policy. You can view our Privacy Policy online, or find a copy within the membership application pack.

13.2 This is the entire agreement between us

Each party acknowledges that in entering into this contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this contract.

13.3 We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for membership services not provided as set out at clause 8.5.

13.4 You may not transfer your rights under this agreement to someone else

The membership rights under this contract are personal to you and you may not transfer your rights or your obligations to another person.

13.5 Nobody else has any rights under this contract

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.6 If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.7 Even if we delay in enforcing this contract, we can still enforce it later

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 this contract, that will not mean that you do not have to do those things or 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 the services, we can still require you to make the payment at a later date.

13.8 Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.