Terms of Service - Events and Online Courses

 

Welcome to Sporting Edge www.sportingedge.com (including digital.sportingedge.com)

 

This website is operated by Sporting Edge Solutions Limited (“Sporting Edge”, “we”, “us” and “our”). Our registered office is Sporting Edge, Innovation Centre, Airfield Business Park, Market Harborough, Leicestershire LE16 7WB, United Kingdom.

 

Sporting Edge offers this website, including all information, tools, products and services available from this website (together our “Service”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

These “Terms and Conditions” comprise our “Terms of Service” and “Terms of Sale” and “Performance Zone Terms of Use” and include those additional terms and conditions and policies referenced herein and/or available by hyperlink.

 

These Terms of Service apply to all users of our Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. By accessing or using our Service, (including our Performance Zone), you agree to be bound by our “Terms of Service”.

 

In addition, if you purchase any services available through our Service you agree to be bound by our “Terms of Sale” and if you purchase our Performance Zone Service, you also agree to be bound by our “Performance Zone Terms of Use”.

 

Accordingly, please read these Terms and Conditions carefully before accessing or using our Service.

 

You can review the most current version of these Terms and Conditions at any time on this page.  We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes. Please note that once a Contract is formed between us, the Terms of Sale that apply to that Contract are the Terms of Sale made available to you at the time of your booking.

 

If you have any questions about them, please contact our customer services team, whose details appear at the end of these Terms and Conditions.

 

PART 1: TERMS OF SERVICE

SECTION 1 – ACCESS TO THE SERVICES 

 

By agreeing to these Terms of Service, you confirm that you are at least 18 years of age or over. 

You may only access the Service for individual, personal and non-commercial use.

 

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.

You may not change, modify, adapt or alter our Service or change, modify or alter another website so as to inaccurately imply an association with the Service or with Sporting Edge.

 

You may not use our Service: (a) for any illegal, unlawful or unauthorised purpose; (b) to solicit others to perform or participate in any illegal, unlawful or unauthorised acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

 

You agree to comply with all laws, rules and regulations applicable to your use of the Service.

 

You must not interfere with, or disrupt, the website or any servers or networks connected to the Service, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any age of the website or Service is rendered or displayed in a user’s browser or devise. 

 

You must not access the Service or any Content (defined below) via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies.

 

You must not attempt to restrict another user of the Service from using or enjoying the Service and you must not encourage or facilitate the breach of these Terms of Services by others.

 

You are not permitted to use, or cause other to use, any automated system or software to extract content or data from our Service except in cases where you or any applicable third-party has entered into a written agreement with us that expressly permits such activity.

 

SECTION 2 – AVAILABILITY OF OUR SERVICE 

 

Access to our Service is permitted on a temporary basis. We update the Service regularly so may change the information, music, images, photographs, videos and other content displayed or made available through the Service (“Content”) at any time. 

 

We reserve the right to withdraw or amend the Service without notice.  Although please refer to our Terms of Sale if we withdraw, modify or amend the Performance Zone Service.

 

You are responsible for making all arrangements necessary to access our Service. You are also responsible for ensuring that all persons accessing our Service through your internet connection are aware of these Terms of Service.

 

Please note that use of the Service is subject to your computer and/or device complying with our minimum standard technical specifications and compatibility requirements. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the Service which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).

 

You acknowledge our Service is provided on an “as is” basis and although we will make best endeavours as appropriate, we cannot guarantee that our Service will:

 

(a)        be compatible with all or any hardware or software which you may use;

 

(b)        be available all the time or at any specific time;

 

(c)        be accurate and up to date; or

 

(d)        be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.

 

You also acknowledge that:

 

(a)        we may be required to remove certain Content from the Service from time to time;

 

(b)        we cannot guarantee the speed or security of our Service; and

 

(c)        we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Service to the fullest extent permissible by law.

 

We will also have no liability to you for any failure to maintain the Service to the fullest extent permitted by law.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF CONTENT 

 

While we take steps to ensure that the Content does not contain any inaccuracies, we cannot guarantee that the Content is accurate, complete or current. For example, our Service may make available certain historical information which will not be current.

 

Any Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more-timely sources of information. Any reliance on the Content is at your own risk and we therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by law.

 

Occasionally there may be information made available through the Service that contains typographical errors, inaccuracies or omissions relating event descriptions, pricing, promotions, offers, and course availability. We reserve the right to correct such errors, inaccuracies or omissions, and to change or update information or cancel orders if we discover that information made available through the Service is inaccurate.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE

 

We reserve the right to modify our Service at any time, but we have no obligation to update our Service. You agree that it is your responsibility to monitor changes to our Service.

 

In particular, we may in the future offer new services and/or features through our Service including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.

 

We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service although please see our Terms of Sale for further information on your rights if we withdraw, modify or suspend the Performance Zone Service.

 

SECTION 5 - OPTIONAL TOOLS 

 

Through our Service, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through our Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

SECTION 6 – LINKING TO OUR WEBSITE

 

You may link to any page of our website, for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.

 

You must not link to our website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

You must not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our website.  Our website must not be framed on any other site.

 

If you would like to link to our website for commercial purposes or any purpose not included above, please contact us using the details at the end of these Terms of Service before completing that link.

 

We reserve the right to withdraw linking permission at any time and without notice.

 

SECTION 7 - THIRD-PARTY WEBSITE AND SERVICES

 

Certain content, products and services available via our Service may include links to third-party websites/materials that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party websites/materials or third-party links and give no warranties in respect of, and to the fullest extent permitted by law, take no responsibility for, such third-party websites/materials or third-party links or for any other materials, products, or services of third-parties.

 

We are not liable for any harm, damage or loss you may suffer in connection with the purchase or use of goods, services, resources, content, or any other transactions from other third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to: (a) maintain any Comments in confidence; (b) to pay compensation to you or any third-party for any Comments; or (c) to respond to any Comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

 

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy.

 

To the fullest extent permitted by law, we take no responsibility and assume no liability for any Comments posted by you or any third-party.

 

SECTION 9 – INTELLECTUAL PROPERTY RIGHTS

 

Our Service and Content are protected by certain rights. These rights include all patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (“Rights”).

 

These Rights either belong directly to Sporting Edge or are licensed to us from their respective owners or licensors.

 

You may only view, print out, use, quote from and cite the Service and the Content for your own personal, non-commercial use and on the condition that you give appropriate acknowledgment to us where appropriate.

We expressly reserve all Rights in and to our Service and Content and your use of our Service and Content is subject to the following restrictions. You must not:

 

(a)        remove any copyright or other proprietary notices contained in the Content;

 

(b)        use the Service and/or Content in any manner that may infringe any of our Rights or the Rights of a third-party; and

 

(c)        reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third-party or exploit our Service and/or Content in any way for any commercial purpose, without our prior written consent.

 

Any use of our Website or the Materials in a manner not expressly permitted by the Terms and Conditions may constitute an infringement of our Rights and/or the Rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in our Website or the Materials accessible on it.

 

SECTION 10 – TRADE MARKS

 

“Sporting Edge” is registered a UK Trade Mark with numbers UK00002595360, UK00003014737 and UK00003045245

 

“Inside the Mind of Champions” is a registered UK Trade Mark with number - UK00003045248

 

“Performance Zone” is a registered UK Trade Mark with number - UK00003045238

 

“Sporting Edge - Performance Club” is a registered UK Trade Mark with number - UK00003168071

 

We reserve all Rights in the name “Sporting Edge”, “www.sportingedge.com” domain name and all related domains and sub-domains, our logo and our service marks, brand names, trading names and/or trademarks appearing on our Service. Other trademarks, products and company names mentioned via our Service may be the trademarks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.

 

Nothing in the Terms of Service should be construed as granting any licence or right to use any such trademarks or our domain name.

 

SECTION 11 - TERMINATION

 

If you breach any of these Terms of Service or any of the other terms and policies referred to in these Terms of Service, your ability to use the Service may be terminated by us with immediately effect.

 

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Service.

 

PART 2: TERMS OF SALE

SECTION 1 - OVERVIEW

 

Through our Service, we operate an online e-commerce platform, hosted by Shopify Inc. that allows users to book on events hosted by us (“Events”) and online courses made available through our Performance Zone (“Online Courses”).

 

These Terms of Sale along with the Terms of Service govern the purchase of any Events or Online Course and should be read in conjunction with each other.

 

SECTION 2 – MAKING BOOKINGS

 

You may book on Events or Online Course through our website or by calling our customer services team on +44 (0) 1858 414 214. After you make a booking, we will confirm our acceptance to you by sending you an email (“Confirmation Email”). Only when you receive the Confirmation Email will a contract form between us (“Contract”).

 

Any Contract is personal to you and may not be exchanged, resold or transferred to a third-party without our prior written consent.

 

If we are unable to confirm your booking for an Event or Online Course, we will inform you of this by email and endeavour to offer alternative dates if available.  Please note that we reserve the right to refuse any bookings you place with us acting in our sole discretion. 

 

When making a booking, you agree to provide current, complete and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your booking and contact you as needed.

 

If you discover you have made a mistake with your booking after we have sent the Confirmation Email, please contact us immediately by email at customerservices@sportingedge.com or by telephone on +44 (0) 1858 414 214 and we will do our best do rectify the situation although please be aware of our cancellation policy.

 

Our Events and Online Courses are for adults aged 18 or over.  By making a booking you confirm that you are aged 18 years or over.

 

SECTION 3 – PRICES AND PAYMENT

 

Prices for our Events and Online Courses are available on our website.  These prices may be subject to change without notice although the price of an Event or Online Course will not change once you have received a Confirmation Email in respect of that Event or Online Course unless an error has been made in which case we will notify you of the price change and give you the option to cancel your booking and receive a full refund.

 

Payment for all Events and Online Courses must be made at the time of making a booking in Pounds Sterling by a valid credit or debit card or other accepted method of payment; once we have received payment in full we will send a Confirmation Email.

 

SECTION 4 – CANCELLATION BY US

 

We may cancel an Event or Online Course at any time by notifying you using the contact details you provided to us when making the booking.

 

If we cancel an Event or Online Course prior to the start of the Event or Online Course, we will refund you the price paid for the Event or Online Course. 

 

If we cancel an Event or Online Course once the Event or Online Course has started, we will refund you an amount that we believe to be equitable in the circumstances.

 

We shall have no obligation to refund you or have any other liability to you where we cancel an Event or Online Course as a result of an event that is outside of our reasonable control, this includes any act, event, non-happening, omission or accident beyond a party’s reasonable control, including:

 

  • strikes, lock-outs or other industrial action (other than strikes, lock-outs or other industrial action of any employees of the party claiming force majeure);
  • civil commotion, riot, invasion, war (whether declared or not) or threat of or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • compliance with any law or governmental order, rule, regulation and direction.

 

SECTION 5 – CANCELLATION BY YOU

 

You may cancel your booking for an Event or Online Course at any time by emailing us at customerservices@sportingedge.com.

 

If you notify us of your cancellation at least 30 days prior to the Event or start of the Online Course, we shall refund you the price of the Event or Online Course less a handling fee which will be a maximum of £100 and we shall charge at our discretion.

 

If you give us 30 days or less notice of your cancellation, you shall lose your right to a refund. However, we can offer an alternative date or an equivalent event.

 

Once we receive your email notification of your cancellation, we will send you an email confirming that we have received it.  We will also notify you of your entitlement to a refund. 

 

If you have bought an Online Course as a consumer rather than through an organisation, and you have either started the course or the start of that Online Course has passed, you agree to waive your consumer cooling off period of 14 days from that start date.

 

SECTION 6 – REFUNDS

 

If you are entitled to a refund under these Terms of Sale, then your refund will be processed and a credit will automatically be applied to your credit card or original method of payment within 14 days. Please note that it can take up to five working days for the bank to refund your money once it has been authorised. 

 

If you haven’t received your refund within 14 days, please first check with your bank or credit card company.  If you have done this and still not received your refund, please contact our customer services team at customerservices@sportingedge.com or call our customer services team on +44 (0) 1858 414 214.

 

SECTION 7 – EVENT ATTENDANCE

 

If you attend an Event or a third-party premise as part of the Performance Zone Service, you must ensure you comply with any and all policies, standards and codes of conduct notified to you by us or the venue.  If you fail to comply with such policies, standards and/or codes of conduct, you shall reimburse us for any costs or expenses we suffer as a result.

 

No Events may be recorded or photographed by any means.  Sporting Edge takes no responsibility for; (a) any changes in timetables or presenters or (b) due to reasons outside of Sporting Edge’s reasonable control the Event being rescheduled or cancelled. (See Section 4 Cancellations by Us).

 

We will endeavour to post any change of speaker or material change to a timetable that affects the start time or end time of the Event on our website at least twelve (12) hours prior to any Event.  Please do ensure you check our website prior to travelling to the Event.

 

SECTION 8 – PERFORMANCE ZONE SERVICE

 

Specific details of each Online Course shall be made available on the website but essentially each Online Course shall for a specified period of time comprise of: (a) access to certain areas of the Sporting Edge Performance Zone (“Performance Zone”); (b) invitations to attend seminars or other meetings; (c) access to Content made available through the Performance Zone and/or during a seminar and/or meeting (“Course Content”); (together, the “Performance Zone Service”). 

 

Your access to and use of the Performance Zone Service will be governed by the Performance Zone Terms of Use. Please note that prior to accessing the Performance Zone Service you will be asked to accept the Performance Zone Terms of Use again.

 

If during your Access Period (as defined in the Performance Zone Terms of Use) we make a material change to the Performance Zone Service in any way that means the Performance Zone Service no longer reflects the service that was described to you when you made the booking, we shall notify you using the contact details provided and give you the option to cancel Performance Zone Service for the remainder of the Access Period.  If following such notification, you confirm in writing your wish to cancel, we shall refund you an amount that we believe to be equitable in the circumstances taking into account among other things the length of the remaining Access Period.

 

SECTION 9 – CONSUMER RIGHTS

 

If you are a consumer who has entered into a Contract with us for an Event or Online Course you have additional legal rights. For example, we are under a duty to provide the relevant service in conformity with the Contract and all services provided to you by us must be provided with reasonable care and skill.  If we fail to comply with our statutory duty to you, you will be entitled to certain remedies. For further information on your consumer rights is available from your local Citizen’s Advice Bureau and/or Trading Standards.

 

Further if you are a consumer and you are not happy with our service, you may refer the dispute to alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.

 

You can submit a complaint to the Alternative Dispute Resolution via their website at  https://www.cdrl.org.uk/ The Alternative Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

 

PART 3: PERFORMANCE ZONE TERMS OF USE

SECTION 1 – ACCESS AND PREVAILING CONTRACT

 

Your access to and use of the Performance Zone will be governed by the “Performance Zone Terms of Use”.

 

You may access and view the Performance Zone at any time during the period of your license as defined in your organisation’s agreement with Sporting Edge for use of the Performance Zone. If there is no Agreement in place, then the Performance Zone Terms of Use will be as stated in part 3 of the Terms of Service that are available on the Sporting Edge website.

 

Subject to the Performance Zone Terms of Use, during the access period we grant you a non-exclusive, non-transferable, limited right to access and view the Performance Zone for your own non-commercial and educational purposes.  For the avoidance of doubt, such right to view the Performance Zone does not grant you the right to copy, edit, distribute, prepare derivative works, publicly display, or make other use of the Performance Zone and/or content held within the Performance Zone (the “Content”)

 

Note that where an Agreement exists for use of the Performance Zone, and the Terms of Use within that Agreement are different to those held within this document, then the Terms of Use included in such Agreement will prevail. However, you should assume that the obligations in Section 3 will apply to you unless explicitly told by your organisation that they do not.

 

SECTION 2 - REGISTRATION

 

You shall keep confidential and not disclose to any other person the password used by you to access and use the Performance Zone and Content and you shall take all reasonable steps to prevent others from using your username and password.

 

Your right to use the Performance Zone may not be transferred by you to another individual. Any decision to transfer access and use rights to other individuals shall be made by your Organisation in accordance with the terms of the Agreement.

 

Accordingly, you shall not permit without Sporting Edge’s prior written authorisation any other person to access or use the Performance Zone.

 

You shall immediately notify Sporting Edge by email to support@sportingedge.com if you become aware of, or suspect, that your password has become known to any other person or if you become aware of or suspect any unauthorised access to or use of the Performance Zone Service.

 

SECTION 3 – YOUR USE OF THE PERFORMANCE ZONE SERVICE

 

You shall use the Content only in accordance with these Performance Zone Terms of Use. Once the licence expires or is otherwise terminated your right to access and use the Performance Zone will cease.

 

Agreement” means an agreement with the Client where it exists, or these Terms of Use where it does not;

 

Authorised Purpose” means the intended purposes set out in an Agreement with the Client. Where an Agreement does not exist, this will be the use of the Platform for learning;

 

Client” means the Organisation in any Agreement with Sporting Edge to which the individual user is part of, or if that Agreement does not exist, the individual user or their organisation who is agreeing to these Terms of Use;

 

Content” Digital Content held on the Platform and any other Content, e.g. pdf, white papers owned by Sporting Edge to which the user may have access;

 

Platform” means online content platform known as Sporting Edge Digital Performance Zone®;

 

Platform Authorised Users” means those employees of the Client who are entitled to use the Platform

(including the Content) under this Agreement (as set out in Schedule 1 of the Agreement) or where an Agreement does not exist, the individual user or their organisation who is agreeing to these Terms of Use.

 

You shall:

 

a) not copy or record any part of the Content whether on computer, phone, tablet or conference screen without Sporting Edge’s prior written consent. To the extent that Sporting Edge does provide its written consent for Content to be copied, the Client shall, and shall procure that the relevant Platform Authorised Users shall, reproduce and include the copyright notice of Sporting Edge  as it appears in or on the Content on all copies; provide or otherwise make available the Content to any person who is not authorised to access the Content except that the Client may provide training courses using the Content or otherwise display the Content in presentations provided that such Content is used in a manner agreed by the parties and that any third party to whom the Content is made available is made aware of and accepts these Terms of Use;

 

b) not translate, modify, add subtitles, lease, rent, loan, redistribute, sub-lease, sub-licence, or create derivative works from the Content;

 

c) not display the Content on any public facing site (including on a bulletin board, ftp site, intranet, worldwide web site, chat room, YouTube) without Sporting Edge’s prior written approval;

 

d) use the content only within the Territory as defined in Clause 1.1 of the Agreement; if no Territory is defined or an Agreement does not exist, this will be the United Kingdom, or another Territory approved in writing by Sporting Edge.

 

e) not use the Content, or permit the Content to be used or transferred, outside the Territory where such use or transfer outside the Territory would be unlawful under the laws applicable to the relevant jurisdiction outside the Territory and the Client shall be solely responsible for satisfying itself that such use or transfer outside the Territory is lawful in the relevant jurisdiction;

 

f) not use the Content for immoral, illegal purposes or for any purpose which could reasonably be determined threatening, abusive or harmful;

 

g) not wilfully corrupt or attempt to interfere with the operation of the Platform, including but not limited to exposing the Platform to any viruses, worms or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment used by Sporting Edge to provide the Platform;

 

h) not store on, or distribute or transmit any material through the Platform that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities;

 

i)not remove from Content, whether on the Platform or once downloaded from the Platform, any copyright notice, watermark or other identifying or security technology, metadata or other information associated with that Content; and

 

j) promptly upon the suspension, expiry or termination of a Platform Authorised User’s right to use the Platform, or on receipt of a notice from Sporting Edge instructing a Platform Authorised User to do so, take all reasonable steps to delete any copies of the Content in such Platform Authorised User’s possession or control.

 

k) not use the Content for any purpose not expressly permitted in the Agreement or any purpose other than an Authorised Purpose;

 

l) not provide or otherwise make available the Content to any person not approved in advance in writing by Sporting Edge;

 

m) not attempt to obtain or assist third parties in obtaining unauthorised access to the Platform (including the Content). This includes not sharing Platform User Name and Password with any other party;

 

n) during the Term and for twelve (12) months after the Term, create or assist any third party to create, whether directly or indirectly, a product or service which competes with the Platform (including the Content) or any software program containing similar functionality to the Protected Functionality;

 

0) not use the Platform (including Content) to provide services to third parties other than where such use is expressly approved in writing by Sporting Edge;

 

p) not demonstrate the operation of the Platform to any third party who is a competitor of Sporting Edge,

 

q) not attempt to transfer, temporarily or permanently, any of its rights under the Terms of Use and this Agreement.

 

We reserve the right to monitor (with the assistance of any person hosting the Performance Zone on our behalf) your use of the Performance Zone Service and any Content you obtain from the Performance Zone. 

 

Any such monitoring shall be solely for the purpose of ensuring compliance with the terms of the Agreement, including these Performance Zone Terms of Use.

 

SECTION 4 - TERMINATION OR SUSPENSION OF THE PERFORMANCE ZONE SERVICE

 

We have the right to terminate or suspend your use of the Performance Zone if you violate these Performance Zone Terms of Use or those included in the Agreement where different.

 

SECTION 5 - AVAILABILITY OF THE PERFORMANCE ZONE SERVICE

 

Although every attempt is made to provide uninterrupted service to all users you acknowledge that the Performance Zone might be temporarily unavailable for reasons including, but not limited, to server maintenance, ISP outages, power outages, software problems, and user error. To the fullest extent permitted by law, we make no warranty or representation, either express or implied regarding the availability of the Performance Zone unless that availability is stated in the Agreement.

 

PART 4: GENERAL

SECTION 1 – OUR LIABILITY TO YOU

 

We shall not be liable under these Terms and Conditions, howsoever caused for any business losses that you may incur, including but not limited to lost data, lost profits, lost revenue, lost savings or business interruption or for any indirect, special, incidental or consequential damage or loss.

 

We do not exclude our liability (if any) to you for:

 

(a)        personal injury or death resulting from our negligence;

 

(b)        fraud or fraudulent misrepresentation; or

 

(c)        any matter for which it would be illegal for us to exclude, or to attempt to exclude, our liability.

 

SECTION 2 – YOUR LIABILITY TO US

 

You agree to reimburse Sporting Edge and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your unauthorised use of the Service (including Content), your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 3 - PERSONAL INFORMATION 

 

The privacy of your personal data is important to us. Please see our Privacy Policy, which forms part of the Terms of Service, for details of how we will process your personal data.

 

Our Service also uses cookies and similar technologies.  Please see our Cookie Policy, which forms part of the Terms of Service, for more details of how we use cookies and similar technologies.

 

SECTION 4 – TERMINATION

 

These Terms and Conditions are effective unless and until terminated by either you or us.

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

SECTION 5 - MISCELLANEOUS

 

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

 

These Terms and Conditions and any policies or operating rules posted by us through our Service or in respect to our Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

 

SECTION 6 - GOVERNING LAW

 

These Terms and Conditions shall be governed by and construed in accordance with the laws of England. The English courts will have exclusive jurisdiction over any claim arising from or relating to our Service or these Term and Conditions.

 

SECTION 7 - CONTACT INFORMATION

 

If you have an enquiry or complaint about our Service (including any Content) or any services made available through the Service, you should contact our customer services team at customerservices@sportingedge.com or calling our customer services team on +44 (0) 1858 414 214 and we will try to answer your enquiry or resolve any complaint as soon as possible.

 

If you have any suggestions for improvements or additions that you would like to see on our Service, please email us customerservices@sportingedge.com.  Our postal address for correspondence is Sporting Edge, Innovation Centre, Airfield Business Park, Market Harborough, Leicestershire LE16 7WB, UK.