This user agreement incorporates the terms and conditions which you agree to each and every time you use the website sportstation.co.uk.
1 ABIDE BY TERMS
- "user" or "you" means anyone visiting sportstation.co.uk for any purpose. This also incorporates any advertisers and anyone posting onto the website or any part thereof.
- "Advertisers" means either any person or organisation who is advertising on the website, recruiters who have registered a profile with the website, subscribers including "Pay per click" users or any person or organisation who has entered into an agreement with us or who uses the website in any other way.
- "we" or "us" means Sportstation Limited of Suite 1 East House, 33-41 Chiltern Avenue, Amersham, Bucks, HP6 5AE
- "Website" means the website and all contents at sportstation.co.uk
- "Post onto the website" or "content" means any submission, in any format, of any data which subsequently appears and can be viewed on the website.
- "Associate" means any person or organisation with whom we are associated with. This will include advertisers whose websites etc we appear on and any person or organisation who has a website link to our website.
(1) By using our organisation, the website and any services you confirm that you are aged 18 or over and that you have read and understood this and agree to be bound by this user agreement incorporating our terms and conditions. Where you are using the website or entering into an agreement on behalf of an organisation you confirm that you have the legal right to do so.
(2) Where the registration for use of the website is on behalf of an organisation and other persons (for example employees) use the website, the organisation specifically confirms that it takes full responsibility for that use and that the organisation, as well as the individuals, will be deemed to be the user for the purposes of these Terms and any subsequent action.
2 WEB SITE USE
(1) Full use of this website and contents of the site are for registered users only. If you are not registered you can view the website but not participate or post on the website.
(2) The website is only a venue. We do not control, validate, amend, edit, endorse any opinions, statements, recommendations, data, or information provided by other users or advertisers nor any links to other websites or other information which is made available through the website. You may find other users or advertisers information to be inaccurate, etc. You must take this up with the user or advertiser involved.
(3) Since any opinions, statements, recommendations, ratings, and information on the site are those of the users, we take no responsibility for checking or verifying such opinions, statements, recommendations or information.
(4) Any opinion, statement, recommendation, data, any links to any websites or information or anything whatsoever will not form a guarantee or warranty and you agree we have no liability in this regard.
(5) When you click on links you will be forwarded to websites relating to other third parties. We have no control or responsibility over the third parties or any such websites. You are aware that you will enter into a separate agreement which has nothing to do with us and you must make yourself aware of the terms of such agreement. You specifically confirm that we can not be held liable in this regard.
(6) To the extent that the law allows, all implied warranties, conditions or other terms (whether implied by statute or otherwise) including without limitation any terms as to skill and care or performance are excluded.
(7)You hold us absolutely free of all liability and responsibility for any actions or results or adverse situations created as a direct or indirect result of specific opinion, statement, rating, recommendation, information, referral or information or advice shown on the website.
3 SUPPLY OF WEBSITE & SERVICES
(1) Whilst we will use our reasonable endeavours to supply the website by ensuring it is available on the internet, we shall not be responsible for any failure to provide the website or any services or any unavailability. The website is available on an "as is" and "when available" basis.
(2) We cannot guarantee that the services will be uninterrupted, secure or error-free. Particularly, there are inherent problems in the use of the internet that we will not be responsible for, nor for any browser crashes which may result in data loss whilst using our services.
(3) In addition we make no warranty against electronic virus, worms or any other defect or problems which may occur in respect of any viewing or use of the website. We will not be responsible for any loss or damage whatsoever caused resulting from a failure to provide or where a virus or defect occurs as a result of any e-mail or document we send you.
(4) You agree that we have a non-exclusive, worldwide, and fully paid and royalty-free licence to reproduce, display, use, exhibit, publish and transmit your advertising and that we can modify and adapt it to fit our agreed format and to fit in with the website.
(5) You confirm that you are aware that any results of using our website or advertising cannot be guaranteed and that you are responsible for your own results. Likewise, we make no guarantees with respect of usage or advertising, including without any limitation whatsoever, click-through, usage statistics, position of advertising, or any other information or data supplied in respect of any advertising. You specifically hold us free of all liability and responsibility for any actions or results in this regard.
(6) We do not make any guarantees in respect of any timing or positioning, insertion order or otherwise in respect of location of advertising nor in respect of times and dates of services or advertising. This is in our absolute and sole discretion.
(7) Whilst we will use our reasonable endeavours to supply the services, we shall not be responsible for any failure to provide any services or any unavailability.
(8) We reserve the right to suspend the services where necessary and particularly, but not exclusively, for repair, maintenance or improvement We reserve the right to suspend the services and to substitute where necessary. Where a substitution is made we will endeavour to ensure that item is as close to the original item detailed in the Purchase Order as possible.
(9) We reserve the right to sub-contract out some or all of the services.
Unless we have a specific agreement with you, use of the website does not cover any other form of assistance save for the published user guide, or support in any form. However, we are pleased to offer additional support at our current hourly rate if you require please contact us at [email protected]
5 PRICES AND PAYMENT
(1) We will have provided you with the price of the services in the Purchase order e-mail which is either a fixed price.
(2) Once you have submitted your Order, which can be by e-mail, telephone or any other method of communication, we will submit an invoice to you.
(3) Payment for all services must be made in full, by Paypal within 7 days of the date of any invoice supplied and includes any taxes due. You will have been deemed to have received any invoice if it is:
(a) Received a Money Request from Paypal
(b) Hand-delivered to your address
(c) Sent to you by Royal Mail and we have proof of posting of the invoice.
(d) Faxed or emailed (we retain a transmission log)
(4) If you do not pay or there are any problems with your payment, then once you have ordered services you are still responsible for payment. If we do not receive payment then we will charge you 2% interest per month until we receive full cleared payment.
(5) Where payment is a part of staged payments, such as weekly, then late or non-payment will automatically mean that all services will stop until such time that full payment (including any accrued or extra payment) is made. No refunds will be made.
(6) Where payment is to be made on a monthly basis, such as for use, advertising or support you are charged 1 month in advance. Where you take more time than what is agreed, this "overflow time", will be charged and must be paid for at the end of that month. Where you take less time than what is agreed, this "overflow time", will accrue and can be taken as and when needed within the following month only. This "overflow time" can only be taken for that following month and can not be carried over again. There will be no monetary rebate or discount for unused "overflow time".
(7) We reserve the right to increase prices for either the services which arise because of an increase in parts or other outside costs beyond our reasonable control. If we do, then we will give you at least 30 days notice in writing. If you are buying as a consumer then you may cancel this agreement at any time up until 14 days before the supply of services.
6 OPINIONS STATEMENTS, DATA, INFORMATION, ETC
(1) All users specifically agree not to abuse the website and that they are both expressly and solely liable for all content and anything which they post onto the website.
(2) All users agree that anything they post onto the website, including any forum, and in any form, is honest, accurate, not misleading and does not amount to any misrepresentation, does not breach any copyright, intellectual property or the rights of any third party, whatsoever in nature, is not defamatory, libellous, discriminatory (in any form), is not abusive, offensive or obscene and does not otherwise harass or invade the privacy of any individual or organisation, does not contain any restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page), does not engage in commercial activities and/or sales (unless you have our specific and express written consent), does not promote or instruct as to any conduct as described above or which promotes any breach of this user agreement or any law and is not in any way illegal or contrary to any law. Any posting considered to be unlawful, or inappropriate will be removed from the site as soon as we are aware of it. For reasons of verification we expressly prohibit and exclude all comments made by recruiters on competitors.
(3) We do not tolerate unsolicited commercial communications, any junk mail, chain letters, unsolicited mail such as Spam or other such similar conduct and you confirm that you will not engage in any such activity.
(4) All users agree that they will not take any action nor fail to take action, as appropriate, that will in any way undermine the system of sharing of experiences, opinions, statements, recommendations, ratings, and information.
(5) All users agree that any Post onto the website that they make can be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes by others without your permission and that it is not subject to any copyright unless specifically marked as such by ©.
(6) All users specifically agree that we have no liability with respect to this and furthermore you will indemnify us for any loss.
7 RESPONSIBILITY AND MISUSE
(1) In addition to all the other clauses contained herein, you agree that you will solely be responsible for your use of the website and any services provided to you and that you will use the service website legally and only for the purposes that it is intended to be used for. This includes responsibility for the security of your log-in details, including user name and password.
(2) Furthermore you agree that you will not misuse the website or services in any way, and specifically, although not exclusively you
(a) You will not use any virus, worm, Trojan horse, logic bomb or any such code that could destroy and/or contaminate.
(b) You will abide by any laws applicable to this agreement or the operation of it. In particular we refer to the use of; material or content we deem to be harmful, illegal or offensive; any infringement of intellectual rights and copyright; using the services for illegal purposes such as fraud or in any other crime. However all and any misuse is included.
(3) You confirm that you will not interfere or attempt to interfere with the proper working of the website nor any activities conducted on it
(4) You also specifically confirm that you will
(a) Notify us immediately of any unauthorised use including any of any unauthorised use of your registration/account with the website or any other known or suspected breach of security
8 COPYRIGHT, INCLUDING ADVERTISERS
(b) Immediately report to us but also to use reasonable efforts to immediately stop any misuse that is known or suspected by you
(1) All advertisers agree that their advertising complies with the codes of practice issued by the Committee of Advertising Practice in England and Wales and all other relevant industry codes of practice.
(2) All users and advertisers agree that their use or advertising does not collect personal data through the adverting on the website without the express permission of the user or person and/or organisation whose data is obtained. Particularly, the user or advertiser agrees not to combine, match, compare or in any way otherwise amalgamate any legally obtained information with any other personal information (including click-stream), or cookies.
(3) Unless the user or advertiser is an "authorised person" within the meaning of the Financial Services and Markets Act 2000, the user or advertiser agrees that advertising specifically forms no "invitation or inducement" for investment within the meaning of that Act and does not otherwise breach the Financial Services Regulations.
(4) The website and all the basic content (including text, images, marks and logos) with the exception of individual experiences, opinions, statements, recommendations, ratings, and information posted on the site by individual users and advertisements is subject to copyright which belongs to us. This means that users have a licence to simply use the site, including to post on their own information, but this does not convey to you any rights of ownership nor any rights to use or display the copyrighted information in any way. Likewise, there is no partnership, joint venture, agency, employment or any other form of relationship between any website user or advertiser and us.
(5) Specifically, all users agree that without our express agreement in writing specifically for that user, they will not breach any copyright in so far as information, text, images, content, materials, and anything whatsoever supplied to you or available from us. This specifically means you will not copy, reproduce, modify, assign, make derivative works, distribute or in any way publicly display, create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device, reverse engineer, or access the services in any way to build a product using similar ideas, function, or which is in any way similar to ours.
(6) However, if we have specifically agreed, in writing, that you may use any documents, for example, forms to complete, you agree to use them only for the purposes we have specifically agreed and that you will not construe this as enabling you in any way to breach clause 8(2) above.
(7) All content is subject to our approval. However, we do not undertake to view or review any content and acceptance of such must not be construed as our approval nor as our acceptance that such content has complied with these Terms and Conditions. In our absolute discretion we retain the right to reject or withdraw advertising without notice
9 LIABILITY DISCLAIMER
(1) To the extent that the law allows we will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of reputation or goodwill or business opportunities or contact, however it arises, including out of negligence relating to or in any way connected to any installation, use (unauthorised or otherwise), errors, mistakes, accident, theft or fraud, destruction, or any part of the provision of the website or this user agreement.
(2) In the unlikely event that you have any right, claim or action against any other user or advertiser arising from that user's or advertisers use of the website then you specifically agree to pursue that right, claim or action independently of and without recourse to us.
(3) You specifically release us and any subsidiaries, agents and employees from all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with such right, claim or action and agree to completely indemnify us in respect of any such involvement.
10 YOUR INFORMATION AND DATA PROTECTION
(1) The provision of the website and any services we provide may be reliant on information provided by you, so you are responsible for ensuring that any information you provide is accurate, correct and up-to-date and in accordance with the other clauses of this user agreement. Any information we hold (because of this agreement or otherwise) will be used, for example, to identify you, run the website and our business efficiently, or for marketing purposes we may share your information with organisations who are our business partners or agents to contact you advising you about information, goods, services and anything else which we think may be of interest to you. If you do want to receive the information please e-mail us at [email protected]
Also If we share aggregate information with selected third parties we do not disclose individual names or any identifying information. We use our best endeavours to keep your information secure. We refer you to clause 7 relating to your obligations of keeping username and password secure.
(2) We use your IP address to help identify you and to gather broad demographic information, help diagnose problems with our server, and to administer the website.
(b) Standing alone, cookies do not identify you personally. They merely recognise your browser. Unless you choose to identify yourself to us, either by responding to a promotional offer, opening an account, or registering with us, you remain anonymous to us. Cookies come in two flavours: session-based and persistent
(i) Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer
(ii) Persistent cookies remain on your computer after you have closed your browser or turned off your computer. They include such information as a unique identifier for your browser. We use persistent cookies that only we can read and use, to identify the fact that you are a website user or prior website user (whatever the case may be) and to track your use. We are especially careful about the security and confidentiality of the information stored in persistent cookies. These cookies expire after two years
(c) Users who disable their web browser's ability to accept cookies will be able to browse our Website but will not be able to successfully use our service.
(4) If you register with us, we will collect personal information from you in addition to the non-personal information described above. This may be stored in a cookie file on your hard-drive.
(5) If you visit our Site by "clicking-through" from another site and you have registered with that other site, then certain information about you that you have provided to that other site may be passed to us. Likewise, if you register with us and then click onto another site, then certain information about you that you have provided may be passed to that other site. Details of the other site's policies about privacy and your information generally should be available on that other site.
(7) When you give us information about another individual or organisation it is on the basis that they have agreed to this.
(8) You are entitled to ask for a copy of your information (for which we may charge a small fee) and to correct any inaccuracies.
(9) All users and Advertisers specifically agree that any information obtained relating to other website users or advertisers will be stored and used only in accordance with current relevant Data Protection legislation which applies within England and Wales.
(1) The rights given or obligations and duties imposed on a user or advertisers cannot be transferred, sold, assigned, delegated, conveyed rented, subcontracted or shared in any way by you and nobody else can benefit but you. A copy of this agreement will be admissible in the case of any dispute or in any proceedings.
(2) We reserve the right to transfer, sell, assign, delegate, convey rent, subcontract or share all or any part of the rights, duties or obligations and provision of the website.
12 CLIENT QUERIES / COMPLAINTS & NOTICES
(1) We aim to respond to any queries within 14 working day.
(2) If a user has any objections (on copyright or any other grounds) or complaints to any material posted by other users the user must contact us. Once a user has done this we will use our best endeavours to remove illegal content or content which breaches these Terms within a reasonable time period.
(3) Any other complaints must be addressed in writing to us at our registered office (see definitions above)
(4) If any complaint may amount to a breach of any term of this condition then you must allow us at least 30 days to remedy that breach.
(5) Any notices, including notices at clause 12(2) above to which you have not received an acknowledgment within 7 working days, must be in writing to our registered office address using Royal Mail Special Delivery and will be will be deemed to have been received on the 7th day after posting.
13 CANCELLATION & SUSPENSION
(1) Without limiting any other remedies, we may suspend or terminate your use/registration/account at our absolute discretion, either with or without notice.
(2) Particularly, where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, breaches of any terms of this users agreement.
(3) We also reserve the right to cancel, take-down, delete or otherwise remove any advertisement or any experiences, opinions, statements, recommendations, ratings, and information provided by other users or advertisers or any links to other websites or other information which is made available through the website without giving reason and in our absolute discretion.
(4) If we do not act upon any breach immediately you should not assume that we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.
14 ELECTRONIC PRODUCT
(1) You can cancel any order made via our web site within 7 days of placing an order in accordance with Consumer Protection (Distance Selling) Regulations 2000
(2) However, this will not apply in accordance with Regulation 13 of the above Regulations.
(a) Where a service is involved, and we have both agreed that the service is commenced or provided within this 7 day cooling-off period OR
(b) If you purchase electronic personalised information
(3) If you are able to and do cancel, then we will then refund any amount you have paid within 30 days of receiving your cancellation
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.
(1) These terms and conditions supersede any and all prior representations, understandings and agreements between you and us.
(2) We reserve the right to vary our terms and conditions at any time and such variation takes effect when they are posted on our website
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.