1. Introduction. This Agreement
sets out your rights and obligations, and those of squashpal.com ("Squash Pal", "we" or "us"),
in relation to this site and the services offered by Squash Pal through it (the "Squash Pal Service"). You must take the time to
read and understand it, before registering for the Squash Pal Service.
By registering, you accept that you are entering into a contract with
us on the terms of this Agreement. Visitors to the Squash Pal Service
who do not register to become a Member (see 2 below) similarly affirm
that they are bound by this Agreement each time they access the Squash Pal Service. You should be aware that this Agreement may change
from time to time in accordance with Clause 23 below.
2. Types of membership. People who register for the Squash Pal Service become "Members". The Membership divides between those who decide to pay the fee we
charge to become what we call a "Gold Member", and those who do not ("Standard Members").
Standard Members:
- may post their name in the
squash clubs/centres and squash associations that appear on
the Squash Pal Service;
- may receive emailed messages, which will be sent to
the email address contained in your member profile (which are provided during
Registration and may be updated subsequently), notifying them of contacts
sent by Gold Members; and
- Will receive newsletters by email they opt
to receive during the Registration process (as added to, or de-selected,
subsequently); each email will give the Member an opportunity to opt-out
of receiving future emails of that type.
In addition, Gold Members may:
- input an unlimited amount of unadministrated results against Gold or Standard Members;
- attain an unadministrated world ranking;
- attain an unadministrated club/association ranking;
- send an unlimited amount of e-mails to any Gold or Standard Member;
and
- edit their 'Special Skills' and become listed as a coach, racket re-stringer
or referee in our 'Find a ...' section;
We are not an internet service provider, however. In
order to avail of the Squash Pal Service, you must have internet
access and all the software (and skills) required for email and web usage.
3. Important Note: Gold Membership. If you decide to
become a Gold Member, and therefore pay our Full Membership fee, you
are agreeing to take the Gold Membership we make available to you promptly
after that fee is paid. This means that you do not have the right to
cancel your Full Membership during the cooling-off period which is provided
for certain purchases under the Consumer Protection (Distance Selling)
Regulations 2000.
The Gold Membership fee will be communicated to you
when you sign up for Gold Membership.
Your Gold Membership fee will continue to be automatically taken until you cancel your subscription. But please note that we
reserve the right to change the amount of the fee for Gold Membership,
the period which it covers, the services which it enables you to obtain
and other factors from time to time. However, these changes, unless they
are changes under Clause 8 or Clause 9 below, will not affect your then-current
Gold Membership.
4. Registration. You undertake to register for the Squash Pal Service using accurate and current information about yourself
- including your correct name, e-mail address and any other requested details.
You also undertake only to add yourself to a squash club/centre or squash association on the Squash Pal Service which were a member at the relevant time. If you are asked for,
and provide, details of a credit, debit or charge card; in that event,
you must ensure that (a) you are fully entitled to use that card, and
(b) it has available funds sufficient to cover the charges which are
deducted from it. As part of the registration process for the Squash Pal Service, you will receive a verification email, the purpose
of which is to take reasonable steps to ensure that the email address
you have nominated during registration is controlled by you. That email
contains simple instructions which you must follow.
5. Privacy policy. Squash Pal's Privacy Policy
forms part of this Agreement, and by agreeing to this Agreement, you
also give your consent to the way we may handle your personal data as
detailed in that policy. Given the global nature of the World Wide Web,
any posting on the Squash Pal Service (including any which contain
personal information) is, of course, accessible to internet users around
the world.
6. Squash Pal's Role. You, whether you are a Member
or just a non-Member who visits the Squash Pal Service, acknowledge
that we are not and cannot be responsible for the behaviour of Members
- whether on the Squash Pal Service or outside of it. We only provide
a venue where the Squash Pal Service may be accessed. In particular,
you should be aware that Squash Pal does not pre-screen or monitor
the material contributed by Members.
7. Additional services. Squash Pal or its affiliates
may offer new or additional services through the Squash Pal Service
from time to time. Your use of those services may be subject to additional
terms and conditions, or rules of use, which you must comply with. Any
failure by you to comply with a material provision of the terms or rules
governing such additional services will amount to a breach of this Agreement
and enable us to terminate this Agreement with you.
8. Operation of Squash Pal Services. Squash Pal reserves the right to withdraw or modify one or more aspects of the Squash Pal Service, or the entirety of it, where we have legal or commercial
reasons to do so. There may also be times when the Squash Pal Service
becomes inaccessible as a result of technical difficulties experienced
by Squash Pal or on the Internet; we will, however, use reasonable
skill and care to overcome these difficulties where they are within our
control. Please note that there will be no refund of Gold Membership
fees (nor will we have any other liability to you) for withdrawal, modification
or unavailability of the Squash Pal Service, except as provided
in Clause 11(ii) below. For security or other reasons, we may require
you to change password or other information which facilitates access
to the Squash Pal Service.
9. Misuse of Squash Pal Service. We reserve the
right (a) to suspend or terminate any Member's access to theSquash Pal Service, or parts of it, and/or (b) to remove, edit, or require
the Member to remove, edit, material posted on the Squash Pal Service,
if the relevant Member or material appears to us to be in breach of any
provision of this Agreement. Any person whose access has been suspended
or terminated must not re-register for, or re-access, the Squash Pal Service without our prior consent. You are responsible for everything
which is done on or through the Squash Pal Service while your Membership
account is logged on to the Squash Pal Service, or through your
email address(es). In addition, we reserve the right to suspend or terminate
any Member's access to the Squash Pal Service, or parts of it,
if the relevant Member is abusive, discriminatory or threatening to,
harasses or communicates offensive messages or images to another Member,
whether or not through the Squash Pal Service.
10. Relevance. The Squash Pal Service is intended
to be used by its Members for the purposes referred to in Clause 2 above.
Accordingly, Members must not:
- include an email address, postal address, phone number,
the address of any website, or any other information which is intended
to facilitate direct communication, in material which is posted on the
Squash Pal Service - Gold Members, and the recipients of their
emails, can share this information, should they wish, once direct contact
has been made;
- use your access to the Squash Pal Service, or
information gathered from it, for the sending of unsolicited bulk email
(sometimes known as spam).
11. Fees
(i) You acknowledge that we are entitled to alter the
amount or the basis of the calculation of our fees from time to time,
provided that such amount or basis is clearly stated at the time when
you agree to take the relevant Squash Pal Service.
(ii) Fees paid by a Gold Member will not be rebated
or refunded by Squash Pal, except as follows. If, under Clause
8 above, we entirely withdraw an aspect of the Squash Pal Service
for which you have subscribed, or the entirety of the Squash Pal Service itself, then you may be entitled to a rebate of your Gold Membership
fee for the remainder of the choosen period to which that fee relates;
but no part of the contact fee (as described in Clause 3(1) above) will
be rebated to a Gold Member under any circumstances if the Gold Member
has sent one (or more) emails through the Squash Pal Service during
the period to which the Squash Pal Membership fee relates, irrespective of
whether the recipient email address is a legitimate address or the recipient
sends any reply. No rebate of any part of the Gold Membership fee will
be payable under any circumstances, other than as provided in this Clause
11(ii).
We may offer new or ancillary services from time to
time which require the payment of fees - either to us or a nominated
third party - on terms which will be provided to you at the time.
12. Prohibitions. You are responsible for ensuring that
no material you post, or which is posted through a machine on which you
access the Squash Pal Service, nor any activity or communication
you make in connection with any Squash Pal Service, will be capable
of (a) infringing the intellectual property or other rights of any person
or entity, (b) breaching any applicable law, whether criminal, tortious
or otherwise, or (c) appearing to be offensive, threatening, abusive,
discriminatory, obscene, pornographic, false, libellous, defamatory,
unreliable or misleading.
13. Alerting Squash Pal. If you see anything on
the Squash Pal Service which appears to infringe this Agreement,
then please contact us to inform us of it by using the "Report Abuse" function,
or by emailing us here . We do not generally monitor material contributed
by Members before it is placed on the Squash Pal Service, and so
we are reliant upon users to point out any which infringes this Agreement.
14. Withdrawal of material and Termination
of Membership. Each Member acknowledges that we are entitled to withdraw any material
on the Squash Pal Service which appears whether based on information
received from Members or others, or our own determination to be capable
of breaching any part of this Agreement, or to bring the Squash Pal Service into disrepute. However, each user acknowledges that we do not
monitor material which appears on the Squash Pal Service, and that
we are reliant upon you and all users to notify us of anything you see
here which appears likely to breach this Agreement, using the notification
techniques which are made available on the Squash Pal Service.
15. Disclaimer and Release. Squash Pal has no control
over or responsibility for the truth or accuracy of any material available
on the Squash Pal Service, whether provided by Members or others.
- If any third party sites are linked to from the Squash Pal Service, this does not mean that we endorse or have any responsibility
for the site in question or anything which appears on it.
- You should exercise no lesser degree of caution in
appraising what you see on the Squash Pal Service than you do offline.
- Even though Members are prohibited from doing so,
people may provide information, or otherwise behave, in a way that is
unreliable, misleading or even illegal. Further, you should note that
people may not necessarily be who they say they are.
- Your use of the Squash Pal Service is entirely
at your own risk.
Accordingly, to the extent that the law permits, you
release Squash Pal its directors, contractors and employees from
all liability (including in relation to disputes with other Members)
arising out of your use of a third party site or arising out of or in
connection with the Squash Pal Service and the material included
here by Members and other third parties.
16. Intellectual Property. You acknowledge that all copyright,
trade marks, and other intellectual property rights in and relating to
the Squash Pal Service (including the material which is contributed
by Members) are owned by Squash Pal. It is easy to copy material
which appears on web-sites, but this does not mean it is legal. Therefore,
no-one may copy, distribute, show in public or create any derivative
work from the Squash Pal Service, or any of the material which
is found on the Squash Pal Service unless properly licensed to
do so by us.
By submitting any material to the content to the Squash Pal Service, you:
- are representing that you are fully entitled to do
so;
- grant us a non-exclusive, royalty-free, non-terminable
licence right to copy, modify, distribute, show in public and create
derivative works from that material in any form, anywhere; and
- authorise us to adapt the relevant material in the
course of doing so, and so waive your moral rights to object to any derogatory
treatment, or to be identified as the author, of the material in question.
17. Excluded loss. We will not be liable to you or any
third party for any indirect or consequential loss or damage, or for
any loss of data, profit, revenue or business, howsoever caused (whether
arising out of any negligence or breach of this Agreement or otherwise).
Squash Pal will also not be liable for any failure to perform of
its obligations under this Agreement caused by matters beyond its reasonable
control.
18. Indemnity. You agree to indemnify us against all
liabilities, claims and expenses that may arise from any breach of this
Agreement by you or through a machine on which you access the Squash Pal Service.
19. Assignment. We reserve the right to assign this Agreement,
and to assign or subcontract any or all of our rights and obligations
under this Agreement. You may not without the written consent of Squash Pal assign or dispose of this Agreement.
20. Entire Agreement. This Agreement includes our privacy
policy . Together they contain the whole of the agreement between us
and you concerning the Squash Pal Service and they replace all
earlier agreements and understandings with you, except for any fraud
or fraudulent representation by either of us. A person who is not a party
to this Agreement has no right under the Contracts (Rights of Third Parties)
Act 1999 to rely upon or enforce any term of this Agreement.
21. Changes to this Agreement. Squash Pal reserves
the right to change this Agreement from time to time, and post the new
version on the Squash Pal Service. When we do so, we will notify
you of the fact that there are changed terms on the main screen (www.squashpal.com)
[and we will inform you via e-mail]. The new version of these terms and
conditions will take effect, and will govern all Squash Pal Services
and your relationship with Squash Pal:
- commencing four weeks after the date of posting (or
such later date as Squash Pal indicates in the relevant posting),
if any of the changes is to an operative provision of this Agreement
which is capable of adversely affecting you; if you do not wish to be
governed by the new version of the Agreement, you may notify us on or
before the date when the new version of the Agreement is to take effect,
and from that date you must cease to use the Friends Reunited Service;
or
- immediately upon the date of posting (or such later
date as Squash Pal indicates in the relevant posting), if the changes
are not to operative provisions, or not capable of adversely affecting
you - examples of which would include, without limitation, changes to
one or more of Squash Pal's addresses or email addresses referred
to in this Agreement.
22. Severability. In the event that any term of this
Agreement is held to be invalid or unenforceable by judicial decree or
decision, the remainder of this Agreement shall remain valid and enforceable.
23. Law. This Agreement shall be governed by and construed
in accordance with the laws of England and Wales .
24. Keeping this Agreement. We don't separately file
the individual Agreements entered into by members when they register
for the Squash Pal Service. You can access it at www.squashpal.com . Please make a durable copy of this Agreement by printing and/or saving
a downloaded copy on your own computer.
25. Contact. You can contact us by e-mail at headoffice@squashpal.com
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