a) Terms and
Conditions
In this agreement 'we, our, us, Full On
Sport' refers to Full On Sport Ltd.
Acceptance of Terms
By accessing the content of
www.fullonsport.co.uk ('the Website') you agree to be bound by the terms and
conditions set out herein and you accept our privacy policy available at
www.fullonsport.co.uk.
In addition you agree not to use the
Website in a way that may impair the performance, corrupt the content or
otherwise reduce the overall functionality of the Website, you agree not to
compromise the security of the Website or attempt to gain access to secured
areas or sensitive information and you agree that you shall not use the Website
for illegal purposes, and will respect all applicable laws and regulations.
If you object to these or any of the
other terms and conditions set out in this agreement you should not use any of
the products or services on the Website and you are advised to leave the
Website immediately but if you choose to continue to use the Website you agree
to be fully responsible for any claim, expense, liability, losses, costs
including legal fees incurred by us arising from any infringement by you of the
terms and conditions set out in this agreement.
Full On Sport reserves the right to
change any part of this agreement without notice and your use of the Website
will be deemed as acceptance of this agreement. We advise users to regularly
check the terms and conditions of this agreement.
Liability
Full On Sport is providing this Website
on an 'as is' basis and makes no representations or warranties of any kind with
respect to the Website or its contents and disclaims all such representations
and warranties. In addition Full On Sport makes no representation or warranties
about the accuracy, completeness, fitness for purpose, compatibility or
security of the information and related graphics published on the Website.
Users are advised that the information
contained in the Website is provided on the understanding that the Website is
not engaged in rendering advice and should not be wholly relied upon when
making any related decision and there may be technical inaccuracies or
typographical errors on the Website for which liability is hereby excluded to
the fullest extent permitted by law. Users are advised to contact Full On Sport
directly to check any such details.
Full On Sport (and its employees and
other representatives) will under no circumstance be liable for any loss or
damage arising out of or in connection with the use of the Website. This is a
comprehensive limitation of liability that applies to all damages of any kind,
including (without limitation) compensatory, direct, indirect, special, or
consequential damages including any loss of business, revenue, profits, or data
in relation to your use of the Website or to property and claims of any third
party.
Notwithstanding the foregoing nothing
within this agreement will operate to exclude your statutory rights nor in any
way exclude or limit Full On Sport's liability to you for death or personal
injury arising as result of the negligence of Full On Sport, its employees or
agents.
Please note that we do not guarantee
uninterrupted availability of the Website and although we offer our apologies
for the inconvenience we cannot provide any representation that using the
Website will be error free.
Conditions of Use
The Website may contain bulletin board
services, chat areas, news groups, forums, communities, calendars, and/or other
message or communication facilities designed to enable you to communicate with
Full On Sport and those interested in and involved with Full on Sport and in
using the Website you hereby agree to use these services only to post, send and
receive messages and material that are proper and related to Full On Sport.
For the avoidance of doubt and by way
of example only, and not as a limitation, you agree that when using the
Website, you will not: defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of others;
publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information; upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents;
upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer;
advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters download
any file posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally distributed in such manner; falsify
or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material
contained in a file that is uploaded; restrict or inhibit any other user from
using and enjoying the Communication Services; violate any code of conduct or
other guidelines which may be applicable for any particular Communication
Service; harvest or otherwise collect information about others, including
e-mail addresses, without their consent or violate any applicable laws or
regulations.
Full On Sport reserves the right at all
times to disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in Full On
Sport’s sole discretion. In addition, any photos or images that are uploaded on
to the Website automatically become the property of Full On Sport for them to
use as they see fit, including the promotion of Full On Sport and the events
that are advertised on the website. Any image deemed to be offensive will be
removed from the site and the member’s account suspended.
Payments on the Full
On Sport site
When posting
an event on the Full On Sport website, the entry fee must include the Full On
Sport and Paypal processing and handling fees, as they will be deducted prior
to the Fees being passed on to the Event Organiser. Fees collected from online
registrants will be held in the Full On Sport Client Account and sent to the
designated Event Organiser at pre-arranged regular intervals, less the
processing and handling fees of Full On Sport and their collection agent,
Paypal. At all times Full On Sport are acting as Agents for the Event Organiser
and at no stage are the entries fees (with the exception of the processing and
handling fee) owned by Full On Sport. Please note that, under Paypal terms, we
have to retain a minimum of 30% of any funds collected until after the
completion of the event and will therefore only be able to pass on a maximum of
70% prior to the event. Any refunds, whether due to the cancellation of the
event or for any other reason, shall be exclusively and directly handled by the
Event Organiser. Full On Sport shall not be responsible for processing or
making any refunds.
In the event of an event being cancelled, or for any other reason that
may require the entry fees to be returned to the Event Organiser, Full On Sport
will return to the Event Organiser any entry fees it has collected via its
online booking system, less the Paypal and Full On Sport costs, for the Event Organiser
to refund as they see fit.
Personal Information
Always use caution when giving out any
personally identifying information about yourself or your children on the
Website as Full On Sport does not control, endorse or take any responsibility
for the content, messages or information entered by third parties on the
Website and, therefore, Full On Sport specifically disclaims any liability with
regard to the use of such content, messages or information and any actions
resulting from your participation on the Website.
Please note that materials uploaded to
the Website may be subject to posted limitations on usage, reproduction and/or
dissemination and you, as user, are responsible for adhering to such
limitations if you download the materials.
Full On Sport are committed to
protecting your privacy and will not share your personal information with third
parties without your permission. However, when entering an event that is
advertised on the Full On Sport website, you will be consenting to your
information being passed to the Event Organiser for them to use for the
purposes of organising and running the event. The Event Organiser undertakes
not to share that information with third parties.
Copyright
All intellectual property of Full On
Sport such as trademarks, trade names, patents, registered designs and any
other automatic intellectual property rights derived from the aesthetics or
functionality of the Website remain the property of Full On Sport.
By using the Website you agree to
respect the intellectual property rights of Full On Sport and will refrain from
copying, downloading, transmitting, reproducing, printing, or exploiting for
commercial purpose any material contained within the Website.
Third Parties
The Website may contain hyperlinks to
websites operated by other parties. We do not control such websites and we take
no responsibility for, and will not incur any liability in respect of, their
content. Our inclusion of hyperlinks to such websites does not imply any
endorsement of views, statements or information contained in such websites.
Severance
If any provision of this Agreement is
held to be invalid or unenforceable, such provision shall be struck out and the
remaining provisions shall remain in force.
Governing Law and
Jurisdiction
This Agreement will be governed by the
laws of England and any user of the Website hereby agrees to be bound
exclusively by the jurisdiction of English courts without reference to rules
governing choice of laws.
b) Terms
and Conditions for Timing Services
1) When attending an event, Full On Sport undertake to
provide the Event Organiser with the following:
- A supply of pre-programmed chips
- Provision of timing mats, control
boxes, cabling and software
- Immediate race results (including age
group categories as supplied)
- Timing results posted on our website
- Printed results at the finish (if
required)
- Video taped finish (if required)
2) Prior to the event Full On Sport
requires that the Event Organiser provides the following information:
- The event details (to include: Venue,
Race Distance, Mat positions, Age categories, Entrance fees and the rules for
generating ages on the day (i.e. BTF/Actual age)). The Event Organiser is
responsible for the accuracy of this information
- The spreadsheet of entrants details,
at least three days prior to the event (to include: First name, Last name, Date
of Birth, Gender, Club, Race Number and Wave Start Times). The Event Organiser
is responsible for the accuracy of this information
- The number of spare chips required,
and how they are to be allocated
- The rules and time limits for entering
on the day
- How and when the chips/tags are to be
delivered
- Number of volunteers available to assist (either to input data at the
start or to remove the chips at the finish)
- Number and type of results printouts required on the day
- The time difference between the last read and prize giving
- The time to elapse before publishing the results as ‘final’, as
opposed to ‘provisional’
- Any information that may have an effect on the production of results
or the performance of Full On Sport
3) Full On Sport operate on the following financial terms:
- A deposit of one third of the minimum timing
services cost is required to secure the event date
- The Event Organiser will meet the cost of replacing any chips lost
during the course of the event. Full On Sport will allow 14 days after the
event for the chips to be recovered
- Cheques should be made payable to Full On Sport Ltd and sent to
Higher Farmhouse, Shepton Montague, Wincanton, Somerset BA9 8JJ
- Bank transfer details: NatWest, Sort Code: 60-24-77, Acc. No:
18864368
- Settlement terms: the deposit should be paid as soon as possible to
secure date; other invoices to be paid within 30 days of the date of the invoice
- If the event is cancelled, the Event Organiser will forfeit the race
deposit. Full On Sport will return to the Event Organiser any entry fees it has
collected via its online booking system, less the Paypal and Full On Sport
costs. Full On Sport shall not be responsible for processing or making any
refunds.
4) Additional information for Event Organisers
- For details on the use and ownership of personal information, please
refer to our Privacy terms found at our website www.fullonsport.co.uk .
- In any event, Event Organisers undertake not to share the race
entrants personal information that they have obtained from the Full On Sport
website with third parties without their permission
- Full On Sport carry Public Liability insurance up to a limit of
£2,000,000 for any one occurrence. Full details of the insurance policy can be
obtained Full On Sport. Please find our contact details on our website.
- When posting an event on to our website the Event Organiser is
responsible for the accuracy of the information and is subject to the privacy
restrictions and terms and conditions as set out on the website.
Last updated 28th March 2011