TERMS AND CONDITIONS
Terms and Conditions of Use
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
3. Copyright notice
3.1 Copyright (c) 2020 Four Marks and Medstead Running Club
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Limited warranties
6.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
7. Limitations and exclusions of liability
7.1 Nothing in a contract under these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in a contract under these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
7.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
8. Breaches of these terms and conditions
8.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
8.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
9.1 We may revise these terms and conditions from time to time.
9.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
9.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
10.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
10.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
11.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
11.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
12. Third party rights
12.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
12.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
13 Entire agreement
13.1 Subject to Section 12.1, these terms and conditions, together with [our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
14. Law and jurisdiction
14.1 A contract under these terms and conditions shall be governed by and construed in accordance with [English law].
14.2 Any disputes relating to a contract under these terms and conditions shall be subject to the [exclusive / non-exclusive] jurisdiction of the courts of [England].
Marlborough Running Club respects the privacy of visitors to its websites. As a result, we have developed this website privacy statement. This website privacy statement applies only to the operation of websites owned by Four Marks and Medstead Running Club.
PERSONAL INFORMATION COLLECTED AND PROCESSED.
Through this website, Four Marks and Medstead Running Club will collect various information about you as follows:
Identifiable Information Submitted by you.
We will collect personal information from you that can identify you, such as your name, company name, e-mail address, and other similar information ("your information") when it is voluntarily submitted to us. You may be submitting your information to us through our email newsletter registration page or through a portion of the site that allows you to contact us. We will clearly indicate to you on this site when we collect this information from you.
Web Server logs.
Like the vast majority of internet websites, we automatically gather web server log information from you when you visit one of our websites by the computer that hosts our website (called a "webserver"). The webserver automatically recognises some non-personal information, such as your IP Address, the date and time you visited our site, the pages you visited on our site, the website you came from, the type of browser you are using (e.g., Internet Explorer, Firefox, Chrome), the type of operating system you are using (e.g. Windows XP, MAC OS X), and the domain name and address of your Internet service provider (e.g. AOL). If our site is using cookies (which is disclosed below), the webserver will also collect this information. We often review the server logs to see what website pages are being visited to get a better understanding of how the site is being used by our visitors. This is popularly known as Web Statistics and allows us to maintain and enhance our service. In addition, in cases of system abuse, we may use this information in conjunction with your Internet Service Provider and/or local authorities to trace the source of any such abuse.
This website uses Internet Protocol (IP) Addresses. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet. Generally, an IP address changes each time you connect to the Internet (it is a "dynamic" address). Note, however, that if you have a broadband connection, depending on your individual circumstance, it is possible that your IP Address that we collect, or even perhaps a cookie we use, may contain information that could be deemed identifiable. This is because with some broadband connections your IP Address doesn't change (it is "static") and could be associated with your personal computer. IP Addresses are used as part of the webserver log information as stated above.
Our Web server will install a cookie on your machine in order to aid the accuracy of a statistical program called "Google Analytics". While a profile can be built up of a user's surfing habits through the use of this cookie, the cookie itself contains no personal information. We use these profiles to establish common surfing patterns of our users, such as which links have been clicked or documents accessed, which helps us to maintain and enhance the service we provide. This cookie will remain on your computer indefinitely, even after you leave our site.
As you surf around our site, there are often times when we need to remember technical information about you as you surf page to page. We use this technical information in a multitude of ways to enhance your user experience. This cookie contains no personally identifiable information and only lasts until you end your session and leave our site.
Persistent or Login Session Cookie
When you log into a restricted area, we may set a cookie on your PC, to remember your login details. This can be used for your convenience so that on subsequent visits, you aren't required to provide the entire log in information again. This cookie will remain on your computer indefinitely, even after you leave our site.
Third party cookies on our sites.
Marlborough Running Club does not allow third parties to set cookies on your computer through this website unless these cookies are set at our request and are under our direct control and are not used or accessed by such third party except as set forth in this statement.
Refusing and/or Controlling Cookies.
There are different methods for viewing and deleting cookies set on your machine, depending on the browser you are using. We recommend you visit the website of the browser manufacturer, where you should be able to find this information or visit a site such as http://www.aboutcookies.org/default.aspx.
USES AND DISCLOSURES
We will use your information to respond to requests you may make of us, and from time to time, we may refer to your information to better understand your needs and how we can improve our websites, products and services. We may also use your information to contact you and/or provide you with general information as well as information about our products and services. We may also enhance or merge your information with data obtained from third parties for the same purposes.
We may share your information with agents, contractors or partners of Marlborough Running Club in connection with services that these individuals or entities perform for, or with, Marlborough Running Club. These agents, contractors or partners are restricted from using this data in any way other than to provide services for Mole, or services for the collaboration in which they and Marlborough Running Clubare engaged (for example, some of our services are developed and marketed through joint agreements with other companies). Marlborough Running Clubrequires that such contractors enter into contractual guarantees to observe security and privacy obligations as least as stringent as those set forth in this privacy statement.
Four Marks and Medstead Running Club reserves the right to share your information to respond to duly authorised information requests of governmental authorities or where required by law.
Opting-out of services.
To be removed from our contact lists, please write to Marlborough Running Club at the following address:
OTHER IMPORTANT INFORMATION.
Links to other sites. As a convenience to our visitors, this website currently contains links to a number of sites that we believe may offer useful information. The policies and procedures we described here do not apply to those sites. We suggest contacting those sites directly for information on their privacy, security, data collection, cookie and distribution policies. Mole cannot be held liable for any actions by or content of such third-party sites.
Changes to this website privacy statement. We may update this website privacy statement from time to time. When we do update it, for your convenience, we will make the updated statement available on this page.
If you have any questions about this statement or our website, please feel free to contact us in the UK at:
c/o Data Privacy Officer
Mole Productions Ltd
1 The Green