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TERMS AND CONDITIONS

The purpose of the England Squash website (the “Site”) is to provide you with information about England Squash and the services it provides and the sports of squash and squash 57 in England.

By accessing any of the pages on the Site you agree to comply with these Terms & Conditions. If you do not agree with these Terms & Conditions, do not make any use of the Site and leave it immediately.

1. INTRODUCTION

1.1 This Site is owned and operated by England Squash, a company registered in England and Wales, number 2411107 and whose address is The National Squash Centre, Rowsley Street, Manchester, M11 3FF. References to “we”, “us” and “our” should be construed as references to England Squash.

1.2 We have taken care in the preparation of the Site. However, as certain technical matters may be beyond our control, we cannot guarantee that you will have uninterrupted access to the Site at all times.

2. USE OF CONTENT

2.1 All copyright and all other intellectual property rights in all text, images, sound, software, service marks, logos and other materials on the pages of the Site (“Content”) are owned by us or are reproduced on the Site with permission of the relevant rights owner.

2.2 The Content may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except as stated at 2.3 below.

2.3 You may read, view, print, download and (where appropriate) listen to the contents of an individual page for private and personal non-commercial use only provided that all copyright, trademark and other proprietary notices contained in the original materials on any copy of these materials is retained, but you may not make more than one copy electronically or otherwise of any of the contents and you may not recopy or further distribute, sell, publish or transmit any part of the material by electronic or any other means.

2.4 You agree not to sell, resell, supply or otherwise make the Content or extracts or other information derived therefrom available in any manner or on any media to any third party without our prior written consent.

2.5 The names, images and logos identifying us, our projects, products and services (including, without limitation, the names “England Squash”, and “Mini Squash”), or those of third parties, are our proprietary marks, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and we reserve all rights to enforce such rights that we might have.

3. ACCEPTABLE USE POLICY

You may not use the Site:

3.1 for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any respect;

3.2 in any manner which could damage, disable, overburden, or impair the Site;

3.3 to make available personal data about any person other than yourself;

3.4 to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;

3.5 to impersonate any other person or entity or to provide inaccurate information;

3.6 in any way which is abusive, vulgar, racist, sexist, defamatory, sexually orientated or obscene or which will harass, distress, embarrass or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;

3.7 for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial exploitation;

3.8 for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;

3.9 to create a database (electronic or otherwise) that includes Content;

3.10 to transmit or re-circulate any Content to any third party;

3.11 in such a way so as to remove the copyright or trade mark notice(s) from any copies of any Content made in accordance with these terms; or

3.12 in any way that might bring us, our affiliated organisations or the sports of squash or squash 57 into disrepute.

4. UPLOADING CONTENT TO OUR SITE

4.1 Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with our Acceptable Use Policy as set out above.

4.2 Any content you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

4.3 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

4.4 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.

4.5 We have the right to remove any posting you make on our Site.

4.6 The views expressed by other users on our Site do not represent our views or values.

5. WARRANTIES AND LIABILITY

5.1 The Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content.

5.2 The Content may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness and accuracy of the Content. We do not warrant that the Site will be free of viruses or other harmful components.

5.3 The Site contains links to other websites (“Third Party Sites”). We neither endorse nor take responsibility for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you decide to use these links to access Third Party Sites you do so at your own risk.

5.4 On some of the pages of the Site you may be informed of the opportunity of entering into agreements with third parties. Neither we, nor or any of our subsidiary companies are liable to you in relation to, and we take no responsibility for, any contract entered into by you with any third party.

5.5 Save as expressly provided for in these Terms & Conditions, we and our subsidiary companies shall not be liable for any direct, indirect or consequential loss or damage (including, without limit, loss of property or profit, business revenue or opportunity or anticipated savings and loss of or damage to any data) or for any costs, claims or demands of any nature whatsoever arising directly or indirectly out of the use of or access to the Content or any part thereof or in respect of any defect therein or any failure to provide or the late delivery of the same howsoever arising. We do not exclude our liability for death and personal injury caused by our negligence or our fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law.

5.6 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any Content, whether express or implied.

6. PRIVACY POLICY

6.1 The information that you provide about yourself to us will only be used by us in accordance with our Privacy Policy and by using this Site you consent to our use of data collected on this Site in the manner set out in the Privacy Policy.

6.2 We may use cookies on the Site, see our Privacy Policy for further details.

7. DELIVERY, CANCELLATION AND REFUNDS

7.1 Whilst every effort is made to ensure that the benefits and services provided by third parties (e.g. discounts) will be delivered to all members and be of a suitable standard and quality, we are not responsible for such benefits and services, which will remain the sole responsibility and liability of such third parties. We make no representation, warranty, recommendation or endorsement (whether express or implied) of the goods or services provided by such third parties and you accept that none is given or implied and that we have no liability in connection with the provision of such goods or services. We reserve the right to suspend or cancel the membership of any person who in our opinion is guilty of conduct which is or may be detrimental to our reputation or is or may be detrimental to the interests of the games of squash or squash 57 or is otherwise offensive or dishonest in respect of his/her dealings with us or any County Association.

7.2 No refunds will be made on early termination of membership.

8. CHANGES TO THESE TERMS AND AMENDMENTS TO CONTENT

8.1 We reserve the right, at our discretion, to make changes to any part of the Site.

8.2 Due to our policy of updating and improving the Site, we may wish to change these Terms & Conditions from time to time and you agree to be bound by the Terms & Conditions which apply at the time of your use of the Site.

9. ADVERTISING AND SPONSORSHIP

The Site may contain third party advertising and sponsorship and advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site complies with international and national law. We will not be responsible for any error or inaccuracy in advertising material.

10. COMPETITIONS AND PRIZES

From time to time we may run competitions, free prize draws and promotions on the Site. In each case these will be subject to additional competition terms which will be made available on the Site.

11. LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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 our Site in any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy as set out above.

12. LAW AND JURISDICTION

These Terms & Conditions shall be governed by, and construed in accordance with, English law and the parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms & Conditions or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

13. CONTACTING US

If you need to contact us about these Terms & Conditions or our Site you may do so by post using the address given above or by email using this address webmaster@englandsquash.com

14. GENERAL

14.1 If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect.

14.2 Failure by either party to exercise any right or remedy under these Terms & Conditions does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.

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