Terms and Conditions
Welcome to our website www.sportskidz.com.mt (the “SportsKidz Site” or the “Site”).
By accessing this website and /or by placing an order, you accept these terms and conditions (the “Terms and Conditions”) in full and the documents referred to within them. If you do not agree to be bound by these Terms and Conditions, you must not use this website.
The SportsKidz Site is provided solely for your personal use. You may not use this website for any commercial, illegal or unauthorized purpose. Kindly note that you must be 18 years or over to use this website or purchase goods from this Site. By using this website, you warrant and represent that you are at least 18 years of age.
The following Terms & Conditions apply to the use of the entire Site and/ or all orders placed by ‘You’ (the customer or user of this website) with SportsKidz. (“we”, “us” or “our”), for all products displayed on this website.
While we look forward to offer all customers an unparallel class service, please do read these Terms and Conditions carefully as they contain important information about your order and use of this website.
1. About us
This website and online shop is owned and operated by SportsKidz, a subsidiary brand of FM Theatre Productions LTD. We are registered in Malta under company registration number C21994. Our registered address is the Farm, Triq il Kappella ta Santa Marija, Naxxar, NXR6511, Malta. Our VAT registration number is MT 1498 3615
To be eligible to purchase services on this Site and to lawfully enter into and form contracts on this Site under Maltese law you must: (a) be 18 years of age or older; (b)submit the enrolment form; and (c) be the holder of a valid account linked to a valid credit card.
3. Sports Programmes Information
Every care has been taken to ensure that the description and specification of each service is accurate.
SportsKidz attempts to be as accurate as possible in all details, descriptions, images and prices of services appearing on the Site. However, to the extent permitted by law, we do not warrant that the programme descriptions of the services or other content available on the Site are accurate, complete, reliable, current or error-free. We cannot confirm the price of a service until submission of the enrolment form.
All items shown on this Site are subject to withdrawal at any given time.
4. Customer Service
In case of any queries, please feel free to contact us on the hereunder details:
e-mail: firstname.lastname@example.org / email@example.com
phone: +356 7942 2054 / +356 2141 9306
Kindly note that our Customer Service Department is open Monday to Friday (excluding Public Holidays) from 09.00am till 14.00pm
5. Placing an Order & Payment Methods
You can place an order through this Site by submitting the enrolment form and proceeding to payment through the approved third-party payment processor as per details below.
Online payment can be affected either through a Deposit (€ 30 Non-Refundable deposit but deductible from the term fee – the remaining balance of the fee will be due once the student starts the term.) or the Payment of the Full Amount. After you select your services, you will complete your payment details.
Unless we have notified you that we do not accept or cancelled your order or you have cancelled your order by Contacting us, the legally binding contract between You and Sportskidz shall be completed solely upon receiving the acceptance letter of enrolment by post from SportsKidz. Processing of payment and acknowledgment of the order does not complete the contract between us.
A VAT invoice and receipt will be sent by email or by hand.
If you require any information regarding your order/s, please contact Customer Service on the details provided herein.
If we are unable to fulfil your order following our order acknowledgment, we will contact you by email or telephone advising you of this.
If you choose a direct payment gateway to complete your purchase, then a third-party processor stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
6. Third-Party Services
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us and in accordance with the law.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
We recommend that you read their privacy policies, so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
We make every effort to use only third-party providers of good repute and to ensure that they take all necessary measures to protect your data to the best of their abilities, in accordance with best industry practices and according to law.
As an example, if you are located in the UK and your transaction is processed by a payment gateway located in Malta, then your personal information used in completing that transaction may be subject to disclosure under Maltese legislation.
7. Cancel your order
SportsKidz reserves the right to cancel any orders up to the point of sending the acceptance letter of enrolment by post. Sportskidz has this right regardless of whether the order has been confirmed or your payment processed. If your account has already been charged for the purchase and your order is cancelled, we will issue a credit to your account in the amount of the charge.
It is not possible to cancel your order online, in the meantime, you may contact Customer Service.
Refunds shall only be given in those situations where the enrolment is cancelled by Sportskidz prior to receiving the acceptance letter for enrolment.
No other refunds will be given except at the sole discretion of Sportskidz.
Our policy on refunds and cancellations does not affect your statutory legal rights.
9. Pricing Policy
All prices displayed on the website are indicated in Euro and are inclusive of applicable Malta VAT rates of 18%.
Prices for our services are subject to change without notice.
Although we try to ensure all our pricing displayed on the Site are accurate, errors may sometimes occur. If we discover an error in the price of a programme you have enrolled, we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price, failing which it will be cancelled.
10. Limited licence to use website
Unless otherwise stated, FM Theatre Productions Ltd and/or its licensors own the intellectual property rights in the website and material on the website including all text, graphics, logos, button icons, images, data compilations and software used in connection with the Site. The trademarks, logos and service marks displayed on the Site are the registered and unregistered marks of FM Theatre Productions Ltd. All other trademarks not owned by FM Theatre Productions Ltd that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Subject to the licence below, all these intellectual property rights are reserved.
We grant you a limited, revocable and non-exclusive license to access and make personal use of the Site. This limited licence does not include the right to:
(i) Republish material from this website (including republication on another website);
(ii) Sell, rent or sub-license material from the website;
(iii) Show any material from the website in public;
(iv) Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
(v) Edit or otherwise modify any material on the website; or
(vi) Redistribute material from this website.
11. Acceptable use of this website
(a) You may not use the Site or its contents:
- For commercial purposes;
- For resale purposes including the systematic extraction and/or re-utilisation of any part of the contents of the Site (e.g. item listings, descriptions, prices);
- To download (other than page caching) or modify the Site, or any portion of it;
- To interfere with or disrupt any network or website connected to the Site or gain unauthorised access to other computer systems;
- To interfere with the enjoyment or use of the Site by any other person;
- In any way that causes, or may cause, damage to the website;
- For any purpose which is unlawful, illegal, fraudulent, or harmful or in any similar purpose or activity.
(b) In addition you may not, in relation to the Site, use any:
- Data mining, robots, or similar data gathering and extraction tools;
- Framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats which we use on the Site;
- Meta tags or any other "hidden text" which uses our name or trademarks.
- Using the Site does not give you permission to link to it or to use any of -the trade marks, designs, get-up and/or logos contained within it.
(c) You must not transmit through or to the Site any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.
(d) You must not conduct any data collection activities on or in relation to this website without SportsKidz written consent.
(e) You must not use this website to transmit or send unsolicited commercial communications.
12. Third Party Links
This website may include links to third party web sites ("Third Party Site(s)") from time to time. You acknowledge and agree that we will not be responsible for the availability of such Third-Party Sites and will not be responsible or liable for any content or services available from such Third-Party Sites. You should check the privacy statements and Terms and Conditions of use of Third-Party Sites accessible from this website.
13. No Warranties
We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The website is provided "as is". Accessing the website is entirely at your own risk.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
14. Limitations of Liability
We do not accept liability for any direct, indirect, special or consequential loss or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contacts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations apply even if SportsKidz has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You hereby indemnify SportsKidz and undertake to keep SportsKidz indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to legal expenses and any amounts paid by SportsKidz to a third party in settlement of a claim or dispute on the advice of SportsKidz’ legal advisers) incurred or suffered by SportsKidz arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.
16. Breaches of these Terms and Conditions
17. Your enrolment details
You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. See our Privacy & Cookies Policy regarding the treatment of your personal information and that of the child being enrolled for the sports programme.
We reserve the right to refuse service and/or terminate enrolment, without prior notice, if you violated these Terms and Conditions, or if we decide, in our sole discretion, that it would be in SportsKidz best interest to do so.
(i) We have the right to amend, change and revise the SportsKidz website and correct or update information (including services information) without notice.
(ii) We reserve the right to vary these terms and conditions from time to time where we consider it reasonable and necessary to do so. Our new terms will be displayed on the site and by continuing to use and access the site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
(iii) If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted and the rest of the provision will continue in effect.
(iv) Failure by us to enforce a right does not result in a waiver of such right.
(v) SportsKidz may transfer, subcontract, assign or otherwise deal with SportsKidz rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
(vi) You may not transfer, sub-contract, assign or otherwise deal your rights and/ or obligations under these Terms and Conditions.
(vii) These Terms and Conditions (including the Privacy and Cookies Policy) constitute the entire agreement between you and SportsKidz in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
(viii) These Terms and Conditions will be governed by and construed in accordance with the Laws of Malta
(ix) Any disputes relating to these Terms and Conditions shall be determined and finally settled through Arbitration. The parties agree that, in such case, any disputes shall be referred to the Malta Centre for Arbitration located in Valletta, Malta, and each dispute shall be determined in accordance with Maltese law and regulated by the procedure and Rules of Arbitration which govern arbitrations in Malta. Disputes will be settled by one arbitrator appointed in accordance with those Rules, unless the parties agree otherwise. The arbitration shall be conducted in the Maltese language. The seat of arbitration shall be Malta unless the parties otherwise agree. The decision given by the arbitral tribunal shall be final and no appeal shall lie from such a decision.
These Terms and Conditions were last updated on the 26th September 2018.