Terms and Conditions for Get Active Hampshire
PLEASE READ THERSE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
“Get Active” is an online portal which brings together sports clubs and individuals who offer sports sessions (“Session Providers”) into one central database. The aim of our service is to make it easier for people like you to find and participate in sports sessions. Our service enables our Session Providers to showcase their services so you can easily search through and book the sports sessions offered directly with the Session Providers. These terms tell you the rules on which we make available information about the Session Providers so they can provide their services to you (the “User”, “you”). Get Active is free to join for Users.
Who we are and how to contact us
Get Active is operated by London Sport (“we”, “us”, “ours”). We are a registered charity (charity number 1165100) and a company limited by guarantee registered in England and Wales under company number 08355406. Our registered office address is House of Sport, 190 Great Dover Street, London, SE1 4YB.
Get Active is an online portal which provides the general public with one place to easily search and sign up for sports sessions provided by independent Session Providers.
To contact us, please email [email protected] or call 0203 848 4630.
Our service is to provide a link between you and Session Providers to allow you to easily find and book sports sessions with them. Get Active advertises Session Providers’ services and allows you to book and pay for sports sessions.
Get Active is free to join for Users. You will only be responsible for payment if you book a sports session with a Session Provider.
Please note that when you book a sports session, your booking is directly with the Session Provider and not London Sport. We simply provide the platform on which information about the Session Providers can be found, and facilitate communication.
By using Get Active you accept these terms
By using Get Active, you confirm that you accept these terms and conditions and that you agree to comply with them and with our Privacy and Cookies Policy click here, and our Content Standards Policy at paragraph REF _Ref521059215 \r \h 16.
You are responsible for ensuring that all persons who access Get Active through your internet connection are aware of these terms and that they comply with them.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use Get Active, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on the date stated at the top of these terms.
We may make changes to Get Active
We may update and change Get Active from time to time to reflect changes to Get Active’s functionality, and changes to our Users’ or Session Providers’ needs. We will take reasonable steps to notify you of any significant changes.
We may suspend or withdraw Get Active
We do not guarantee that Get Active, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of Get Active, for example for security, maintenance or operational reasons, or reasons related to our status as a charitable organisation. We will try to give our Users reasonable notice of any suspension or withdrawal.
Users are required to register to use the Services. By submitting your registration application you confirm that the information submitted by you is true and accurate to the best of your knowledge.
If you are provided with, or set up, a password or any other piece of information as part of our security procedures during your registration, you must treat such information as confidential. You should not disclose this information to any third party.
If you know or suspect that anyone other than you know such confidential identification codes or passwords, you must promptly notify us at [email protected]
You may at any time request the deletion of your registration with Get Active.
We have made arrangements with an online payment services provider, Stripe Payments Europe Ltd (“Payment Services Provider”) to allow you to make payments directly to Sessions Providers for sports sessions booked through Get Active (if the Session Provider has elected to receive payments in this manner).
For the avoidance of doubt, we do not carry out any payment services and our role is limited to enabling the payment services to be provided to you and the Session Provider by the Payment Services Provider.
We and the Payment Services Provider deduct our fees from the payment received by the Session Provider, and so no further fees will be charged to you by either us or the Payment Services Provider.
If you have any problems or concerns regarding a payment made through Get Active to a Session Provider, please contact the Session Provider directing, and copy us in at [email protected]
Availability and cancellation
All sessions are subject to availability. Session Providers may contact you if there are any issues with a session you have requested or booked.
Should you wish to cancel a booked session you must do so directly with the Session Provider under the Session Providers’ conditions of cancellation, or in accordance with your statutory rights under the Consumer Contracts Regulations 2013. For details on your cancellation rights, please contact the Session Provider directly.
If you are dissatisfied with the service you received from a Session Provider, or have concerns that a Session Provider is unsuitable to be listed on Get Active, please contact us directly at [email protected] We may, if necessary, contact such a Session Provider to verify your information.
If you are dissatisfied with Get Active and the service or functionality we offer, please contact us at [email protected]
How you may use material on Get Active
We are the owner (or the licensee) of all intellectual property rights in Get Active, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Any content available on Get Active (other than content submitted by you) is subject to the following rules:
you may print off one copy, and may download extracts, of any page(s) from our online portal for your personal use and you may draw the attention of others to content posted on our online portal;
you must not modify any paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
our status (and that of any identified contributors) as the authors of content on our online portal must always be acknowledged; and you must not use any part of the content on our online portal for commercial purposes without obtaining a licence to do so from us or our licensors.
You are not permitted to use our trade marks and trade names without our approval, unless they are part of material you are using as permitted under the other provisions of this paragraph 7.
If you would like to use any of the content available on Get Active (including but not limited to any photographs, logos, designs or images), please contact: [email protected]
Rules about linking to Get Active
All Users may link to our home page, but only in a way that is fair and legal and does not damage our reputation or take advantage of it. Our online portal must not be framed on any other site.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to Get Active on any website that is not owned by you.
We reserve the right to withdraw linking permission without notice and to demand, as we in our discretion think fit, to direct you to remove any links to Get Active, or to remove our name and/or logo, from your website.
The website in which you are linking must comply in all respects with the content standards set out in our Content Standards Policy at paragraph 16. In particular, you will not link to Get Active or refer to us or our logos from any website which is indecent or inappropriate or in any other way incompatible with our reputation.
You will comply with any such direction that we may give in relation to the placing of our name and links to Get Active on your website.
If you wish to link to Get Active other than that set out above, please contact [email protected]
We are not responsible for websites we link to
Where Get Active contains links to other websites and resources provided by third parties (including by our Session Providers), these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
Reliance on information on Get Active
The content on Get Active is provided for general information only. It is not intended to amount to advice on which you should rely and professional or specialist advice should be obtained before taking, or refraining from, any action on the basis of the content on our online portal. The information and materials supplied by our Session Providers and Users and published on Get Active have not been verified or approved by us, and we cannot guarantee that any such information or materials are accurate, complete and/or up-to-date. In particular, we do not, and are not required to, carry out any verification or checks of the Service Providers registered with Get Active.
Although we make reasonable efforts to update the information published on Get Active, we make no representations, warranties or guarantees, whether express or implied, that the content on our online portal is accurate, complete or up to date.
The views expressed by the Users and Sessions Providers of Get Active do not represent our views or values.
Content supplied by you
Whenever you make use of a feature that allows you to upload content to Get Active, you must comply with the content standards set out in our Content Standards Policy at paragraph 16 below. You are responsible for ensuring that any such content meets those standards.
Any content you upload to our platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are hereby granting us a licence to use, store and copy that content and to distribute and make it available to third parties. You also grant to other Users a licence to access and use such content for the purposes related to seeking and/or arranging an engagement with Session Providers.
We also have the right, but not the obligation, to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our platform constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on Get Active if, in our opinion, your post does not comply with the content standards set out in our Content Standards Policy at paragraph 16.
Content Standards Policy
You may use Get Active only for lawful purposes. You may not use our platform:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards at paragraph 16.3 below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our platform in contravention of the provisions of these terms and conditions.
Not to access without authority, interfere with, damage or disrupt:
any part of our platform;
any equipment or network on which our platform is stored;
any software used in the provision of our platform; or
any equipment or network or software owned or used by any third party.
We provide interactive services on Get Active allowing our Users to communicate with Session Providers (interactive services).
We do not moderate such interactive services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a Session Provider or User in contravention of our Content Standards.
These Content Standards apply to any and all material which you upload to Get Active, and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to all content submitted to our platform.
London Sport will determine, in its discretion, whether any content breaches the Content Standards.
All content must:
be accurate (where it states facts);
be genuinely held (where it states opinions); and
comply with the law applicable in England and Wales.
All content must not:
be defamatory of any person;
be obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be in contempt of court;
be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
impersonate any person, or misrepresent your identity or affiliation with any person;
give the impression that it emanates from us, if this is not the case;
advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
contain any advertising or promote any services or web links to other sites.
We are not responsible for viruses and you must not introduce them
You are responsible for configuring your information technology, computer programmes and online portal to access our online portal. You should use your own virus protection software.
You must not misuse our online portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our online portal, the server on which our online portal is stored or any server, computer or database connected to our online portal. You must not attack our online portal via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our online portal will cease immediately.
Our status and our warranties
As mentioned in paragraph 2.3, Get Active is a mere conduit of information and a directory for Session Providers, to facilitate contact between Session Providers and Users.
We do not make any representations as to the availability, suitability and/or quality of any Session Provider for any particular engagement, including (but not limited to) in respect of their suitability under the safeguarding of children legislation or other applicable laws. We do not participate in any way in any subsequent engagement you may arrange between yourself and a Session Provider and we do not act as an employment agency or as an employment business in respect of any such engagements.
Any profiles of Session Providers that appear on our platform are generated solely based on the information provided by such Session Provider and do not amount to our recommendation, endorsement or confirmation of suitability of any of our Session Providers.
Our online portal is provided on “as is” basis and we do not make any representations it will meet your expectations or lead to an engagement with a Session Provider. We hereby specifically disclaim all warranties in respect of our online portal and its content, including without limitation and to the maximum extent permitted by applicable law: (i) all implied warranties, including any implied warranty of fitness for a particular purpose; (ii) any warranty regarding the functional characteristics or performance of the platform; (iii) any warranty regarding the profitability or other benefits to be obtained by using our platform and the information obtained therefrom; and (iv) any warranty that our platform will be free from errors, viruses, bugs, interruptions or other access limitations.
Our responsibility for loss or damage suffered by you
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Get Active is made available to you for private use only. If you use the Get Active for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Breach of these terms
When we consider that a breach of these terms or our Content Standards Policy at paragraph 16 has occurred, we may take such action as we deem appropriate, including:
immediate, temporary or permanent withdrawal of your right to use Get Active;
immediate, temporary or permanent removal of any content uploaded by you to our platform;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We may suspend or withdraw registration of a User or Session Provider if, in our reasonable opinion, such a User or Session Provider is unsuitable to engage with others and/or to protect our platform’s reputation.
How we may use your personal information
Other terms applicable to Registered Users
We may transfer our rights and obligations under these terms to another organisation.
These terms are between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.