Terms of Service
TERMS OF SERVICE
Please read these terms and conditions carefully before using the Services. These terms tell you how you and we may change or end the contract, what to do if there is a problem and other important information. In particular your attention is drawn to the disclaimer in clause 5.2 and the limits on liability in clause 9.
SECTION 1 – applies to all End Users.
SECTION 2 – applies, in addition to Section 1, but only if you register to use the Services as an Administrator.
“Administrator” means (a) any person who registers to use the Services, on behalf of its organisation (such as its club, county association or National Governing Body) to administer and/or manage its organisation’s participation in target shooting leagues and events through the Service; or (b) any person who is not part of a club who registers to use the Services to administer and/or manage his or her own participation in target shooting leagues and events through the Service; or (c) any person who registers to use the Services, on behalf of its organisation, to create and manage target shooting leagues and events.
“End User” means anyone who has access to and/or makes use of the Service, and includes, for the avoidance of doubt, Administrators.
1. Information about us and how to contact us:
- 1.1 Who we are: we are X-Ring Software Partnership, a partnership established in England and Wales. Our address is Brook Farm House, 19 The Highway, Great Staughton, St. Neots, PE19 5DA. Our registered VAT number is 340 5509 24.
- 1.2 How to contact us: You can contact us by writing to us at firstname.lastname@example.org or by post to the address above.
- 1.3 How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when registering for the Services.
- 1.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2. Our contract with you
- 2.1 This contract is a legal agreement between you as an End User (“your” or “you”) and X-Ring Software Partnership (“us” “our” or “we”) for your use of the subscription services we provide for creating and managing competitive target shooting leagues and events via www.rifleleagues.co.uk and all associated documentation, other written materials and media related thereto (the “Services”).
- 2.2 The following documents also apply to your use of the Services:
- 2.2.1 Our Privacy and Cookies Policy www.rifleleagues.co.uk/rifleleagues/privacy-policy
- 2.4 We may change the Services:
- 2.4.1 to reflect changes in relevant laws and regulatory requirements; and
- 2.4.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Services.
- 2.5 Please bear in mind, if you are not an Administrator, you will not be able to create any league or event, amend or cancel the subscription to the Services, enter or amend any information provided or enter any person into any league or event.
- 2.6 Each Administrator who organises any league or event using the Services hereby accepts responsibility for the running of that league or event. We accept no liability for any delay, cancellation or mismanagement of any league or event organised using the Services.
3. Providing the services:
- 3.1 You will be able to access the Services during the Effective Period (defined in clause 4.1). On conclusion of the Effective Period all rights granted to you under this contract shall end and you must stop all use of the Services.
- 3.2 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:
- 3.2.1 deal with technical problems or make minor technical changes
- 3.2.2 undertake maintenance of the Services
- 3.2.3 make other changes to the Services as notified by us to you (see clause 2.4).
- 3.3 Your rights if we suspend the supply of Services. We will contact your Administrator in advance to tell them we will be suspending supply of the Services, unless the problem is urgent or an emergency.
4. Your use of the services
- 4.2 Use Restrictions. You must not use the Services for any purposes beyond the scope of the access granted in this contract. In particular, you must not: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available to any third party the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; (v) access all or any part of the Services in order to build a product or service which competes with the Services; or (vi) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
- 4.3 You must not use the Service: (i) in any way that breaches any applicable laws and regulations; (ii) to distribute or transmit any viruses; (iii) to store, access, publish, disseminate, distribute or transmit any material which is illegal, fraudulent or causes damage or injury to any person or property; (iv) to stalk, harass, threaten or harm anyone.
5. How we may use your personal information
- 5.2 DISCLAIMER. You are responsible for the accuracy of the information you upload to the Service and you accept it is your responsibility to obtain permission from the relevant people for any information, including personal data, you collect, and upload to the Service. It is up to Administrators to administer and run any leagues, events and or clubs in accordance with all relevant laws, rules and regulations in force from time to time. You acknowledge that we do not undertake any checks on End Users who are part of any league or event, and cannot verify any information uploaded to the Service by any other Administrators.
6. If you are a business, this clause applies to you.
- 6.1 You agree to use the Services at your own risk and agree to defend, indemnify, save and hold us harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees that arise directly or indirectly from our holding, using or making available information supplied by you, except to the extent that any use by us is in breach of this contract.
- 6.2 You also agree to indemnify, hold harmless and defend, us against any liabilities arising out of your use of the Services.
- 6.3 The Service is provided on an ‘as-is’ basis. We do not guarantee that the Service, or any content on it, will always be available, or available at any particular time, or that your use of the Service will be uninterrupted or that the Service will be error-free, or virus-free.
- 6.4 You acknowledge that the Service may include untested software, bugs, back-doors, viruses and other errors, may be subject to interruptions, may have limited functionality, may not process data properly and may not support your requirements. To the extent permitted by law, we do not give any warranties concerning the quality or accuracy of any outputs or reports provided by the Service.
- 6.5 To the extent permitted under applicable law, we disclaim any warranties, express or implied, including without limitation any warranty as to merchantability or fitness for a particular purpose.
- 6.6 To the extent permissible by applicable law, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
7. If there is a problem with the Services
- 7.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can write to us at email@example.com
8. Intellectual Property Rights
8.1 All intellectual property rights in the Services throughout the world belong to us (or our licensors) and the rights in the Services are not sold to you. You have no intellectual property rights in, or to, the Services other than the right to use them in accordance with this contract
9. Limitation of liability
- 9.1 Nothing in this contract shall limit or exclude our liability for:
- 9.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- 9.1.2 fraud or fraudulent misrepresentation; or
- 9.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- 9.2 Our responsibility for loss or damage suffered by you if you are a consumer:
- 9.2.1 We are responsible to you for foreseeable loss and damage caused by us. 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.
- 9.2.2 We are not liable for business losses. If you are a consumer we only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 9.3.
- 9.3 Our responsibility for loss or damage suffered by you if you are a business:
- 9.3.1 Subject to clause 9.1:
- 18.104.22.168 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any lost profits (whether direct or indirect), business interruption, lost information, lost revenues, loss of goodwill, loss of anticipated savings, loss of data, the cost of purchasing replacement service(s) or software, or any indirect, incidental, special, consequential, exemplary or punitive loss or damages arising out of the performance or failure to perform under this contract or arising under or in connection with the Service even if a party has been advised of the possibility of such damages; and
- 22.214.171.124 our total aggregate liability to you for all other losses arising under or in connection with this contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the higher of £100 and one hundred per cent (100%) of the total sums paid by you for the Services.
- 9.3.1 Subject to clause 9.1:
10. Other important terms
- 10.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- 10.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- 10.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 10.4 If a court finds part of this contract 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.
- 10.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
- 10.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
- 10.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
11. Supply of Services
- 11.1 Once you have completed the registration process, we will supply the Services to you until you end the contract as described in clause 12 or we end the contract by written notice to you as described in clause 14.
- 11.2 If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.
- 11.3 We may need certain information from you so that we can supply the Services to you, for example, name, address and payment details. You will need to supply this information on registration for the Services. You can change this information at any time. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
12. Your rights to end the contract
- 12.1 You can always end your contract with us. Your rights when you end the contract will depend on how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- 12.1.1 if you want to end the contract because of something we have done or have told you we are going to do, see clause 12.2;
- 12.1.2 if you are a consumer and you have just changed your mind about the Services, see clause 12.3;
- 12.1.3 in all other cases see clause 12.6.
- 12.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any Services which have not been provided. The reasons are:
- 12.2.1 we have told you about an upcoming change to the Services or these terms which you do not agree to;
- 12.2.2 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
- 12.2.3 there is a risk that supply of the Services may be significantly delayed because of events outside our control;
- 12.2.4 we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
- 12.2.5 you have a legal right to end the contract because of something we have done wrong.
- 12.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). Subject to clause 12.4, you have a legal right to change your mind within 14 days of registering to use the Services.
- 12.4 You do not have a right to change your mind in respect of Services, once these have been completed, even if the cancellation period is still running. Equally, if you have confirmed that you want us to provide the Services immediately, and confirmed you accept that this means you cannot cancel, you do not have a right to change your mind.
- 12.5 If you cancel after we have started the Services, but before the Services are complete, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
- 12.6 Ending the contract in all other cases. If you want to end the contract in all other cases, just contact us to let us know. The contract will end immediately. When you end the contract (where we are not at fault) you must pay for all Services provided up to the end of the contract and we will not refund you for any Services.
13. How to end the contract with us
- 13.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at firstname.lastname@example.org. Please provide your name, home address and, where available, your phone number and email address.
- 13.2 How we will refund you. if you are entitled to a refund under this contract, we will refund you the price you paid for the Services, by the method you used for payment. However, we may make deductions from the price, as described below.
- 13.3 Deductions from refunds if you are exercising your right to change your mind as a consumer. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told us you had changed your mind.
- 13.4 When your refund will be made. We will make any refunds due to you as soon as possible. Subject to clause 13.3, if you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
14. Our rights to end the contract
- 14.1 We may end this contract at any time by writing to you if:
- 14.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- 14.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or
- 14.1.3 you breach any of the provisions for the use of the Services in this contract and remain in breach after 7 days of us notifying you that you are in breach.
- 14.2 We may withdraw the Service. We may write to you to let you know that we are going to stop providing the Service. We will let you know at least 4 weeks in advance of our stopping the supply of the Service and will refund any sums you have paid in advance for Services which will not be provided.
15. Price and payment
- 15.1 Where to find the price for the Services. The price of the Services (which includes VAT) will be the price indicated on the registration pages when you registered to use the Services.
- 15.2 Our ability to modify the price for the Services. We may modify the price of the Services, remove and/or offer certain other services from time to time. We will always tell you in advance of any increase in the price of the Services and offer you an opportunity to cancel it if you do not wish to pay the new price.
- 15.3 When you must pay and how you must pay. Payment will be made through our third party payment provider. You will find details of their accepted payment methods on the payment page. On registration for the Services, you must provide valid, up-to-date and complete credit card details and any other relevant contact and billing details requested.
- 15.4 You authorise us, via our third party payment provider, to bill your credit card by direct debit at the end of [each month/every three month period] for the Services you have purchased during [that month/those three months].
- 15.5 What to do if you think a direct debit is wrong. If you think a direct debit is wrong please contact us promptly to let us know so that we can resolve the issue.