Date last revised: October 2024
These Access Terms form a contract between you (as an individual “parent” user) and COMMANDO JOES FUN AND FITNESS LIMITED (we/us/our). They apply to your individual use of the Parents’ Portal available on our website at https://commandojoes.co.uk/cjs-at-home/ (Parents’ Portal).
The Portal is owned and operated by us. We are a UK registered company (number 06824659) and our registered office is at Unit 5, Meadowcroft Way, Leigh, Lancashire WN7 3XZ.
These Access Terms set out the terms on which you agree to access the Parents’ Portal. By accessing the Parents’ Portal, you agree to be bound by these Access Terms and to comply with them in full. If you don’t accept these terms, you must not use the Parents’ Portal.
We may amend these Access Terms at any time (with or without notice to you). You should check regularly (to understand the terms that apply at that time) and you may wish to print a copy of these Access Terms for your future reference. If you have any related queries, please contact us at info@commandojoes.co.uk
1. Application
These terms apply only and exclusively to ad-hoc, distance sales made with Commando Joe’s (from time to time), whether through the website at
www.commandojoes.co.uk over the phone or through one of our sales representatives in person at school sites including:
- EYFS equipment boxes;
- Singular items of equipment;
- Let’s Play Programme;
- One-off instructor or additional training days; and/or
- Character Leaders’ Courses (1 day).
No other terms apply, including any terms attached to any invoice or purchase order you may issue.
These terms are for one-off sales to schools and other educational establishments only, for use in educational settings. We do not sell to consumers at any time.
These terms do not apply to our instructor and/or school led programmes and they do not replace, amend or override any other contract you may have with us at the time of purchase.
This is not a minimum volume guarantee or subscription contract.
Please read these terms carefully before you submit your order. We may update these terms (from time to time, with or without notice to you), and any changes will be binding on you.
Sales made pursuant to these terms are by Commando Joe’s Fun & Fitness Ltd (06824659).
If you need to contact us at any time in connection with your order, you can do so at info@commandojoes.co.uk.
2. Orders
Your order is accepted once payment is taken and you receive your written confirmation from us containing a unique booking / order / reference number, to the contact details provided. If we cannot accept your order for any reason, we will let you know and payment will not be taken until we can.
You must provide us with the information we request from you to enable us to identify you, complete your order and deliver it to you. If you cannot provide this to us, we will not be able to process your order. All personal data you provide to us in connection with your order will be processed by us in accordance with our Privacy Policy and as necessary to enable us to perform our contract for goods or services (as applicable) with you.
Images shown of any equipment are for illustration only. Images may differ slightly from equipment actually delivered. We will use reasonable endeavours to describe event or course content to you accurately, but these are intended to give approximate ideas – actual course content may be different.
Where you submit any order to us, you do so on the basis that you are authorised to spend on behalf of your school, academy, trust or other institution.
If you need to change your order after purchase please contact us and we will discuss options with you. Changes may not be possible, or free of charge.
3. Payment
Payment must be made in full prior to shipping or booking (as the case may be), without set-off, deduction, counterclaim or withholding. Costs are listed on our website or as otherwise agreed with you. Shipping, plus VAT, are charged in addition and made clear to you during the order process.
Our accepted payment methods (from time to time) are set out on our website and as otherwise advised to you. If we cannot collect any payment that you may owe us, we reserve the right to withhold shipping until payment is made.
Places on any course bookings are held as pending until payment is made in full.
4. Delivery
Goods ordered from our online shop will be delivered to the address provided to us at the time of order. You are responsible for the goods on delivery and you must inspect them as soon as possible and let us know if there are any issues.
Products will be dispatched as advised to you during the order process.
Delivery dates and current lead times (depending on the size of your order) will be notified to you during the order process and we will always try to deliver to you as soon as possible. If there are delays outside of our control, we will notify you.
If you are not available to accept delivery on the relevant date, our courier will leave instructions for re-delivery or collection. If you do not arrange for re-delivery or collection, we will contact you and may need to charge for a further delivery or our costs of continued storage of the item (in which case, we will notify you).
If any order does not arrive by the expected date, please contact us. Where we deliver the order late, you may be entitled to a part-refund or discount or credit against future orders at our discretion in each case, depending on the circumstances.
5.Title and risk (equipment only)
Risk in any goods you order passes to you on delivery.
You own the goods when we receive payment for them (in full, cleared funds).
Your place on any course you book is only guaranteed once we receive payment in full, and we email you to confirm that your place is booked.
6. Cancellation and Refunds
As an educational establishment, you are deemed (legally) to be purchasing the products for use in connection with educational purposes only. You therefore have different cancellation rights to those available to consumers.
Any purchase of equipment only (not course bookings or instructor services) comes with a 14-day full money back guarantee from delivery if you are not satisfied with the product. Where you wish to use this option, your item must be unused and in the same condition in which it was received, with the delivery note or receipt that came with the equipment on delivery. We do not offer product exchanges.
Any refund after this 14 day period is only payable at our discretion. No such cancellation period applies to course bookings.
Refunds (where payable), will be made to you via the method of payment used on purchase, within 14 days of the date the refund is accepted by us.
Where you receive your equipment and it is either faulty, not as described, or damaged, you must notify us within 3 days of receipt and we will arrange for appropriate support to be provided to enable the item to be inspected and then either returned to or collected by us (at our cost). Unless the items have been used and/or are not in a suitable condition on return, a full refund will then be issued to you in accordance with clause 6.4, or you can request a replacement at no additional charge or delivery fee. You are advised to retain proof of postage if any equipment is lost in transit.
To exercise your cancellation rights at any time, please contact us at info@commandojoes.co.uk or reach out to your contact directly.
If you are unable to attend any course due to illness, please let us know and you may be able to transfer your ticket to someone else. We cannot offer refunds due to non-attendance for illness, but we may do so as a goodwill gesture if we can give someone else your ticket(s). However, this is not guaranteed.
If we have to cancel any course, we will give as much notice as possible and either offer you an alternative date, or you can request a full refund from us.
Where we have to postpone the event, we will notify you in advance and you will be automatically re-scheduled to attend. If you can’t make the revised date, you must let us know.
If we need to change the timing, content or location of a course we will notify you as far as possible in advance. You will not automatically be entitled to a refund where this applies.
7. Product warranties
We are not manufacturers of goods. We do not supply and repair or replacement warranty in addition to your statutory rights (if any) or any manufacturer’s warranty to which you may be entitled from purchase.
Any goods supplied to you shall conform to specifications (if any) made known to you and be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and free from defects in design, material and workmanship.
If we are required by government or regulatory authority to recall any item of goods at any time, we will notify you in writing and seek to replace or refund you for such item(s).
8. Our obligations
In providing any of our services to you, we shall:
- ensure that such Services are provided by Instructors who are appropriately trained and experienced in the services they are retained by us to provide. All Instructors have completed our bespoke training programme (including appropriate child safeguarding and first aid training);
- ensure our Instructors are competent, courteous, capable, appropriately trained, and suitably motivated to perform the roles for which they are required;
- provide any necessary equipment and tools; we will only use school equipment with the permission of the school;
- ensure our staff are correctly identifiable (whether by name badge, photocard or otherwise) and dressed in the appropriate uniform or other designated clothing;
- ensure that all of our staff do not interfere with tangible items that belong to the school or personal tangible property belonging to Staff or Pupils (unless required in emergency);
- ensure that all our staff are subject to the relevant checks (including a valid, enhanced DBS Check where necessary) to satisfy the child safeguarding requirements of clause 7;
- ensure that all our staff are subject to all pre-employment checks as deemed relevant by the ‘Keeping children safe in education’ statutory guidance issued by the Department for Education (from time to time);
- not make any change to any part of the School Site without your consent;
- ensure that all of our staff have the right to work in the UK;
- ensure that all of our staff are paid an equivalent hourly rate that is in accordance with national minimum wage legislation (at all times); and
- ensure that all of our Instructors are aware of the requirement to report all situations which involve an actual or potential danger or personal injury to any person on the School Site (whether Staff, Pupils or otherwise).
We shall ensure that our Instructors do not enter any part of the School Site which they do not require to provide the services.
Prior to commencing any services from the site, our Instructors will work with you to carry out an appropriate risk assessment. All Services will be adapted subject to the outcome and findings of that risk assessment. Risk assessments may be carried out subsequently, where appropriate.
We maintain (with a reputable insurance company) a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by us arising out of our performance of its obligations under this contract, including death or personal injury or property loss or damage. We carry public and product liability insurance (up to £5m in aggregate) and employer’s liability insurance (up to £10m in aggregate).
We shall:
- ensure that all Instructors who provide services from any School Site or otherwise are in contact with Pupils are subject to a valid enhanced DBS Check including a check against the children’s barred list (as appropriate) before providing any services on site;
- monitor the level and validity of the DBS Checks under this clause for each Instructor;
- provide a DBS clearance register for all Instructors who have worked on the School Site to the School on request at any time.
- ensure that no person who appears on any statutory barred list (including any list maintained by the DBS) shall carry out any work in connection with the Services on the School Site;
- not engage, without your prior written consent, any person in the supply of the Services, when that person has declared a conviction or found to have a conviction following a request for a DBS Check, a valid enhanced DBS Check had not yet been completed in respect of that person, or that person has refused to complete a valid enhanced DBS Check.
We warrant that at all times for the purposes of this contract we have no reason to believe that any natural person who is or will be employed or engaged by us in the provision of the services is barred from doing so.
We shall immediately notify you of any information that we reasonably request to enable it to be satisfied that the obligations of this clause 5 have been met in full.
9. What you must provide
Our staff will bring equipment with them to enable them to provide the relevant services. However, you are responsible for setting up, tidying and clearing of the relevant areas of the School Site and the booking and arranging of various rooms in preparation for any services delivered at the School Site.
You must also arrange access for our staff to those areas of the School Site as are necessary to perform the services.
You are also responsible for all utilities (including heating, hot and cold water, electricity, gas and lighting, and wi-fi connectivity) in all parts of the School Site that are used for the services.
You must also notify us of any applicable School policies or procedures that our staff will need to comply with in order to provide the services from the School Site.
10. Character leaders’ courses
To attend, you must complete our registration form and provide all required information. Submitting a booking does not guarantee your place. Whilst there is no limit imposed by us to the number of delegates you can book to attend, capacity at venues is limited and all bookings are subject to availability and you cannot book specific seats.
Attendance at any course is subject to the venue’s terms of access. We are not responsible for any denial of access to you by the relevant venue. You must comply with all instructions given at the event and all applicable laws relating to health and safety, fire and terms of wi-fi access.
Information about the event, including directions and timings, will be sent to you in advance. If you have not received relevant information 7 days before the event, you must contact us.
We reserve the right to amend course programmes, with or without notice to you. Certain courses may require minimum numbers of delegates to attend; if such numbers are not attained, we may postpone or cancel (in which case we will notify you).
Light refreshments will be provided on the day (including tea, coffee and light lunches). You may bring your own food and drink, subject to venue restrictions.
You must arrange your own travel and accommodation (where necessary) to attend your course(s).
Courses are not currently recorded but we will notify you if this changes.
You can transfer delegates to others, provided you tell us in advance. You can only transfer one per course, per delegate. You cannot re-sell your booking at any time.
If attendance at the course makes you privy to any information which is marked, or might be understood to be, confidential, you shall not use such information for any purpose other than your participation at the course.
Any and all recognised intellectual property rights that may subsist in the event, course content and any course or training materials (registered or otherwise) remain our property (or the property of our licensors). You cannot reproduce, store or redistribute such materials in any form without our express, prior written consent.
In attending the course, you are granted a non-exclusive, non-transferable licence to use any course content and training materials for the event or course. You may not modify, copy, reproduce, re-publish, sub-licence or distribute such materials in any way.
11. Our liability to you
You agree that, when ordering, you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms.
Nothing in these terms excludes or limits our liability to you in any way that cannot be excluded or limited by applicable laws.
Except where expressly stated, we exclude all terms implied by law (to the extent applicable), including Sections 13-15 of the Sale of Goods Act 1979, and Sections 3-5 of the Supply of Goods and Services Act 1982.
We recognise that, from time to time, circumstances may occur which are beyond either party’s control which may impact the provision of the Services and general performance of this contract. Where this occurs, the directly affected Party agrees to notify the other Party setting out the nature, impact and likely duration (if known) of the relevant event, and steps it is taking to mitigate or reduce its effects.
Where the School Site is closed, for any reason, on any day where services were scheduled to be delivered, we are under no obligation to agree to re-schedule the affected services.
We will not be liable or responsible for any failure to provide the event or course if an event occurs beyond our reasonable control and such event affects the delivery or the venue in any material way. If such event happens in advance, we will notify you.
We are not responsible for any personal injury or loss or damage to your personal property that you may incur in attending the event or course at the venue, if this is not caused by us.
The event or course may display third party content. We do not control such content and do not accept any liability for such third party content being viewed, or any acts or omissions taken as a result of such content.
Total aggregate liability of CJs shall be limited to the total amount(s) actually paid to us by the delegate (or their organisation) in connection with the booking. You must therefore arrange separate insurance cover for any travel or accommodation costs that you may incur in connection with your booking in case of cancellation or postponement.
12. Non-solicitation
You acknowledge that our Instructors are critical to our legitimate commercial interests and that where we lose any Instructors we are liable to lose substantial revenue and profits as a direct result. You therefore agree that you will not solicit, entice, hire or engage (directly or indirectly) any of our Instructors (whether such Instructor(s) are employed or directly engaged by us) to work with or provide services to you at any time for up to 12 months following the last date o which any services were provided to you (Restricted Period).
You expressly agree that the restriction contained within this clause 11 is necessary, fair and proportionate to protecting our legitimate interests.
13. Resolving disputes
If you have a dispute with us at any time, please contact us in the first instance to enable our customer service team to try to resolve the issue(s) you have either with us or the product.
If we are unable to resolve the issue with you at stage 1, you can try alternative dispute resolution to allow an independent body to consider the facts of a dispute and try to resolve it out of court. You may select any approved body you wish, and a full list is available here on the Trading Standards website but we strongly suggest you select a body that has appropriate expertise when doing so.
If you remain dissatisfied with the dispute to date, you may still go to Court but we request you only seek the Court’s attention after you have exhausted the above options first.
14. General terms
These terms are between you and us. Nobody else can enforce it nor will we ask anybody else to sign-off on ending or changing it.
We may transfer our rights and obligations under these terms to a third party (such as where we undergo a corporate takeover, merger or acquisition). Where this happens, a different organisation may supply to you and we will notify you. You may not transfer or assign your rights under these terms without our prior consent.
Each of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
If we delay in enforcing our rights under these terms at any time, this does not mean we have waived our rights to do so and we may take steps against you later, if necessary.
These terms are governed by English & Welsh law but you can bring legal proceedings against us in any UK courts depending on where in the UK you live.