Terms & Conditions of Use

By accessing this website you enter into a contract with Evolution Project whereby your use of the website is subject to these terms and conditions.

• The information on this website has been prepared solely for the purpose of providing information about Evolution Project and its subsidiaries and associates. Evolution Project will use reasonable care to ensure that the information is accurate at the time it is added to the website. However Evolution Project cannot guarantee that the information is accurate and it shall not be liable for any loss or damage that anyone may suffer in reliance on the information on this website.

• The information on this website is provided without any warranty or implied term of any kind, including but not limited to any implied warranties or implied terms of merchantability, fitness for a particular purpose or non-infringement. All such implied terms and warranties are hereby excluded.

• Any and all information is subject to change without notice. Publications are subject to availability and their provision is at Evolution Project’s discretion.
You agree that Evolution Project will not be liable for any direct, indirect or consequential loss arising from the use of the information and material contained in this website or from access to other material on the Internet via weblinks from this site.

• Links within this website may lead to other websites. Evolution Project assumes no responsibility for the contents of any other websites to which this website has links, as Evolution Project may not have control over such websites. The inclusion of any links to such other websites does not mean that Evolution Project sponsors, endorses or otherwise approves any information or material contained in those sites, or in sites linked to those sites, or has any association with the owner thereof. Any contract for goods or services entered into through such websites will be made with the owners or controllers of those websites and not with Evolution Project.

• These pages are protected by copyright. No information in this website may be modified, copied, distributed, transmitted, displayed, reproduced, published, licensed, used to create derivative works from, transferred or sold in any form. Links to this website may not be included in any other website without the prior written permission of Evolution Project. This website is for personal and non-commercial use. You may access and download the contents of these pages and store a copy on a temporary basis for the sole purpose of viewing those pages for your personal use.
All other intellectual property rights, moral rights and equivalent rights wheresoever arising in the contents of this website are hereby asserted and reserved.

Evolution Project reserves the right without notice to:

1. terminate your access to this website at any time for whatever reason; and

2. assign the benefit of this contract to a third party at any time.
The above exclusions and limitations apply only to the extent permitted by law. The validity, construction and performance of this contract shall be governed by English law.

All products and services of Evolution Project and its subsidiaries and affiliates are subject to the terms and conditions of the applicable agreements governing their use. 
The Terms are to be read by you together with any terms, conditions or disclaimers provided in the pages of the Site. In the event of any conflict, the terms provided in the pages of the Site will govern. 
The information, material and content provided in the pages of the Site (the “Information”) may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly and your continued access or use of the Site will mean that you agree to any changes.

Services

• Private Training –

  If your scheduling conflict is known in advance and we are notified at least 24 hours ahead of time, it MAY be possible to make the session up at a later date or with a different trainer. However, this cannot be guaranteed.

  Any sessions missed with less than 24 hours notification are forfeited.

  If you have not already paid for the session, your account/card will be charged for the full amount of the session.

  If no card/account information is present, no further sessions will be conducted until the outstanding payment is received.

  Additionally, reserved time slots may be lost if payment is not made in a timely manner.

• Membership Programs –

  Your choice of membership category on joining will determine the fees you pay. The Membership Application form sets out the membership and deposit fees payable when you join Evolution Project.

  The membership fee and any other fees are payable in advance by each member (irrespective of actual use of the classes) either by monthly standing order or direct debit /credit card agreement. If you wish to pay monthly by direct debit, these fees are collected on the 1st of each month, or the nearest working day thereafter, and membership is automatically renewed each year.

  Cancellation of membership payable by direct debit or recurring monthly card payments must be in writing or email to the Evolution Project Accounts department providing one full calendar month’s notice e.g. written notice received on or before 31 December will terminate membership on 31 January and written notice received during January will terminate membership on 28 February. You remain liable for one calendar month’s subscription during the notice period. Cancelling your direct debit instruction for the monthly fee or a verbal instruction to any member of staff is not sufficient.

  Your monthly subscription will be collected on the first working day of each calendar month. Your monthly direct debit membership fee is a full calendar month regardless of the actual collection date.

  If your Bank fails to make a monthly payment from your account when due Evolution Project will write or email to advise you of this. An administration fee of £10 may be charged for each failed direct debit payment.

  It is the responsibility of members to cancel the direct debit mandate after the final payment has been received. Evolution Project will not be held responsible for payment issues arising more than 60 days from the effective cancellation date.

  Proof of postage requesting cancellation, hand delivered letters countersigned/photocopied by Evolution Project staff or e-mail are the only criteria accepted as confirmation of cancellation in the event of a dispute. No member of staff is authorised to give verbal confirmation of termination of membership.

  Members will be refused entry if outstanding payment issues are not settled and any payments outstanding 30 days after becoming due are liable for immediate recovery by lawful means.

  Membership may be refused or rescinded with good reason at the discretion of the management at any time and admission to Evolution Project premises may also be refused to any member or their guest at the discretion of the management.

  Annual/short term fees paid in advance cannot be refunded under any circumstances. Evolution Project provides multiple membership options and the greater the commitment the lower the overall annual subscription rate.

  Membership fees and other fees are reviewed periodically. Subscription charges are as posted at reception and may be varied by the management without notice

  Membership cannot be suspended for any period of time. In exceptional circumstances such as serious injury or ill health, the management (at its sole discretion) may agree to suspend membership with documented medical evidence to a maximum of 6 months subject to a ‘maintenance’ fee of £10 per month or part thereof. The fee will be collected in place of your usual direct debit payment or in advance for fixed term memberships.

  All members agree to abide by the Rules as posted on the website www.evolutionproject.co.uk Copies are available for members if requested. In the event of any dispute as to the meaning of the Rules or of these Terms & Conditions the reasonable interpretation of Evolution Project Managing Director shall be final and conclusive.

  Evolution Project reserves the right to vary these Terms & Conditions on not less than 28 days notice to members. Notice of any variation will be validly given to members if posted in a prominent position in the premises.

  Evolution Project Terms & Conditions as varied from time to time are deemed to be accepted and binding by persons applying for membership and continue to be accepted and binding for any member who renews within 3 months of the last expiry date of their membership.

  Members or guests will not be permitted to join classes more than 5 minutes after the class has started. This is to ensure the class is safe and without interruption to current attendees. Class entry will only be guaranteed for members who successfully book a slot in advance.

  All members and their guests must have a valid Evolution Project Membership to enable entry and use of Evolution Project facilities.

• Internet E-Mail

  Any unprotected E-Mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration.

• No Endorsements

  No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Information.

• Links/Software
  

1. Links from or to web sites outside the Site are meant for convenience only. Evolution Project does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and Evolution Project will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and Evolution Project is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
2. Payment for Products & Services
3. All Credit Cards will be processed in pound sterling at the time of payment.  Evolution Project is not responsible for any fees, charges, exchange rates or additional charges levied by individual financial institutions or Credit Card companies.

Legal Obligation of Information Release Evolution Project will release any information that is required to be released by law or court order. In exceptional circumstances it may be necessary that we disclose your personally identifiable information if we believe, in good faith, that disclosure is otherwise necessary or advisable to protect Advantage 4 Athletes Conditioning Centre’s interests. We will seek to ensure that any proposed disclosure is required in thecircumstances and then ensure that we disclose only the information that is required.

Use of Your Information

Evolution Project obtains most of our information through the signing of waivers and completion of Par-Q forms. With your consent we may also obtain personal information about you from third parties. This may include parents, guardian, coaches or whoever is registering you in a program and paying for your registration.  Use of your personal information for any purpose other than those outlined or the release of such information by parties outside of Evolution Project or its affiliates will take place only under the following circumstances:

(a) When you give consent – We will disclose your personal information when you have given consent.Under no circumstances do we sell participant or personal information to others.  Please note that we will not share health information that may have been provided in connection with a program, program withdrawal or request for refund. With your consent, we may use certain information to provide you with information about Evolution Project and its affiliates and programming.  This consent is optional and you can decide to withdraw it at any time.  Information collected by Evolution Project about its users is used internally by authorized employees of Evolution Project for following reasons: To process payment, register you in the program of your choice, update you when required of any possible changes of the planned services at Evolution Project, determination of those areas, features, and services that are valued the most and found most helpful. Also, we collect information to determine the appropriate participation in the activities and services provided at the Evolution Project and on our site.

Securing Your Information The Evolution Project website uses sophisticated security and safeguard measures to protect users’ information. One such measure is our use of secure server software (SSL), to ensure that your credit card will be protected against fraudulent use while on our site.

Our Privacy Policy

We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998) and according to the Which? Web Trader Code of Practice.

We collect information about you to process your order successfully and to provide you with the best possible service. How? By keeping your details in our secure database it means that you can return to Evolution Project at any time and place more orders without having to enter the information again, or you can login to your account and check on any of the orders you have placed with us or edit your details at any time. The only information we collect is the information that you enter when you register or place an order with us – we never collect any other data about you without your knowledge, Information is collected lawfully and in accordance with the Data Protection Act 1998

Your details are held by Evolution Project and are never shared with other organizations. The personal information which we hold will be held securely in accordance with our internal security policy, the law and the Which? Web Trader Code.

Whilst we may e-mail you using your supplied e-mail address for queries about your orders or for order confirmation, we will not e-mail you in the future unless you have given us your consent. When you register there is an option to choose to not receive any marketing e-mails from us, and if you change your mind at any point you can change your preference either way simply by logging in to your account and editing your details or you can e-mail or telephone us on 0800 071 6673 and we can change it for you.

You can check and edit the information that we hold about you by logging in to your customer account online at any time.

If we intend to transfer your information outside the EEA (European Economic Area) we will only do this if it is protected at the same level as EEC resident data. We will always obtain your consent first.

We use technology to track the patterns of behaviour of visitors to our site, but this is done completely anonymously and without the use of ‘cookies’.

The only time we use cookies is if you choose to save your shopping cart (so that you can return to the site with the contents of your cart still intact) or if you tick the ‘remember me’ box when you login which will allow you to use the ‘quick login’ function. Cookies are saved on your computer and allow us to recognize you when you return to the site

If you have any questions/comments about privacy, you should email us at info@evolutionproject.co.uk and we shall respond as soon as possible.

Terms and Conditions

1. The terms of the contract do not affect your statutory rights.
2. Retail prices are shown exclusive of VAT
3. Prices are subject to alteration without prior notice. Orders are accepted on the understanding that they will be charged at the prices ruling at the time of dispatch.
4. Claims arising from shortages or damages must be made within 3 days upon receipt of the goods. Damaged/shortage of parcels must be signed for as damaged/parcel shortage.
5. Goods dispatched to a third party are at your own risk.
6. Goods remain the property of Evolution Project until full payment has been received.
7. Goods are subject to delivery costs unless collected from our premises giving prior notice.

Notice 

Under the Consumer Protection –

Your right to cancel your order: cancellation notice

Under the Consumer Protection – ‘Distance Selling Regulations 2000’ you (the consumer) have the right to cancel your order within a 7 working day period. The cancellation period starts from the day that the goods are received.

The regulations require the consumer to send a notice of cancellation in writing including fax or email. A telephone call is not enough. In the event of cancellation the goods must be returned (as New) at the consumer’s own expense.

Returns

Evolution Project

Unit 4 Watchmoor Park

Camberly

Surrey

GU15 3AQ

1. Please telephone our Head Office on0127666412, they will need to know the invoice no. what is being returned and the reason. Please have this information ready.
2. If goods have been sent incorrectly please call us within 7 days to arrange a collection and a re-delivery.
3. New merchandise (not washed,worn, altered or soiled), and suitable for resale may be returned for exchange for a refund within 14 days of purchase.
4. 4. Returned goods will only be accepted for exchange/refund when returned in original wrappings within 14 days of purchase. The returns number must be clearly marked on the address label.

Goods will only be accepted back at our discretion. Printed or embroidered products/garments will not be accepted back under any circumstances.

The following can not be returned:-

1. Goods that have been worn / washed / altered / embroidered / printed or soiled
2. Discontinued/sale merchandise
3. Merchandise not in original wrapping with instructions.
4. Returns without a returns number.
5. Goods returned after 60 days of purchase

AN EVOLUTION PROJECT LTD      number 8770830

ENGLAND AND WALES (Companies house Cardiff)

Evolution Project, Unit 4 Watchmoor Park Camberley Surrey GU15 3AQ

Payment methods accepted: