|
SHOWDIARY.CO.UK ORGANISER TERMS OF USE
Introduction
Welcome to showdiary.co.uk. This site
is owned and operated by Charles Owen & Company (Bow) Limited, trading
as showdiary.co.uk. We strive to offer all our members a reliable and
excellent level of service. If you have any queries please contact us
at enquiries@showdiary.co.uk or write to us at Royal Works, Croesfoel
Industrial Park, Wrexham, LL14 4BJ and we will do our best to help.
Application of these Organiser Terms
If you are the organiser of an event
("Event") and wish to promote it and allow riders to apply for entry
through this site then you will need to become an organiser member of
this site ("Organiser Member"). If you wish to ride in an event then
click here
to be transported to the correct part of this site. These terms of use
("Organiser Terms") apply to all Organiser Members and all services
which we make available to Organiser Members from time to time on this
website ("Organiser Services") and by clicking on the words "I agree"
below, you agree to accept and be bound by these Organiser Terms. We
are only prepared to allow you to access and use this site as an Organiser
Member if you accept these terms. If you have any queries about these
terms then e-mail us at enquiries@showdiary.co.uk.
You should read these Organiser Terms
carefully, and we recommend that you print a copy for your own records
- click here
to view a printer friendly version.
We may change, add to or remove parts
of these Organiser Terms at any time but if we do so then we will post
such changes on our site or send them to you by e-mail. The most up
to date version of these terms can be viewed by pressing refresh or
reload on your browser. If you find these terms or any updates of them
unacceptable, then you may cancel your membership by sending an e-mail
to cancel@showdiary.co.uk.
If you continue to use this site and/or any Organiser Services (including
without limit continuing to accept entries from riders to Events which
are still active on this site) then this will indicate that you accept
these terms and the changes to them.
The Services
The Organiser Services shall be as described
in this website from time to time. We may at any time and at our sole
discretion modify, improve, suspend or discontinue (temporarily or permanently)
the Organiser Services, this website, any other services provided at
this website or any aspect of any them with or without notice and without
liability.
Membership Application and Posting of
Events
Your first application to post details
of an Event on this site will also act as an application from you to
become an Organiser Member. Upon receipt of this application we will
consider it and if we accept it (at our sole discretion) we will confirm
this by e-mail to you.
Once you have been accepted as an Organiser
Member then you shall be responsible for posting, updating and amending
details of Events on this website. You warrant that all information
you post on this website ("Information") at all times will: be of a
professional and inoffensive nature; be accurate, complete, up to date,
legal, decent, honest and truthful; comply with the British Code of
Advertising Practice and all other relevant codes under the general
supervision of the Advertising Standards Authority. You further warrant
that the reproduction and/or publication of the Information by showdiary.co.uk
will not breach any contract or infringe or violate any copyright, trademark
or any other personal or proprietary right of any person or render showdiary.co.uk
liable to any proceedings whatsoever.
showdiary.co.uk shall be entitled to
format and lay out the Information (including without limit the position
in which any Information and/or details of an Event appears) in such
manner as it determines in its sole discretion. The Organiser Member
acknowledges that showdiary.co.uk does not and has no obligation to
edit or review the Information for accuracy or appropriateness.
If a rider makes an application through
this site to an Event which we have agreed to post for you then we will
notify you by e-mail that an application has been made as soon as reasonably
possible. Upon receipt of such e-mail you agree to promptly access the
full details of such application on the secure part of this site and
then promptly contact the rider to confirm whether their application
is accepted (in which case you will also confirm details of the Event
entry fee) or rejected. You agree to act courteously towards all Riders
whose details are forwarded to you by showdiary.co.uk.
You agree to promptly respond to and
deal with any further requests from the Rider relating to an Event (such
as alterations to an entry) and agree to promptly notify Riders of any
changes which you make to any Event into which they are entered (including
without limit the cancellation of any Event).
We shall use reasonable endeavours to
ensure that all requests from you to post Event details on our website
are dealt with as soon as reasonably possible and that and all applications
received from riders for entry into such events are communicated to
you as soon as reasonably possible. However, showdiary.co.uk's entire
liability in relation to any failure by it to post such details and/or
communicate such applications to you shall be for showdiary.co.uk to
re-post details of your event and/or to re-send details of the application
to you if you so request.
Restrictions on Under-Age Use
You must be aged 18 and over to become
an Organiser Member. If you are aged below 18 then you should arrange
for an adult to become a member on your behalf - our application form
will allow you to make it clear that you are acting on behalf of someone
aged under 18.
Registration, Security & Sole Access
You agree to provide such information
about yourself and the Event as prompted by our registration form and
ensure that it is at all times true, current, accurate and complete.
If it is not or we reasonably suspect that it is not true, current,
accurate and complete then we shall be entitled to terminate your membership
and/or suspend the Services until such time as we determine.
As part of the membership application
process you will need to select a password and username. If the words
chosen by you are not available then we will notify you and you will
have to make an alternative choice. We recommend that you change your
password frequently and we may from time to time require you to do so
for security reasons. If you forget your password then you should contact
us and subject to you satisfying certain security checks we will send
an e-mail with your password in to the address you notified to us.
You should keep your password secret
as only you are permitted to access the Services through your username
and password. You must inform us immediately if you know or suspect
that someone else knows your password or if it is being or is likely
to be used in an unauthorised way.
You are responsible for all usage or
activity on your showdiary.co.uk account. We are not liable for any
loss of confidentiality or damage due to your failure to comply with
these security provisions.
Entry Fees
As part of the Services, we collect
details of how Riders want to pay for the Event application. Where you
request that payment is sent to you by cheque we will pass on details
of the address where you have requested that the cheque is to be sent
to so that Riders can send them directly to you. Where you request that
payment is sent to you by credit or debit card we will collect details
of the card number, expiry date, name on the card and issue number (for
Switch only) and we will make these available to you through a secure
site so that you can process the payment for entry to the Event. You
agree that you will not store such credit and debit card details on
a computer which has access to the Internet without the prior written
consent of showdiary.co.uk and further that you will take all such other
reasonable steps and comply with all instructions from showdiary.co.uk
to ensure at all times the security of all information received from
Riders (including without limit credit and/or debit card details).
You agree that you will only request
payment from the card issuer of the entry fee which the Rider has agreed
to pay and that you will only use the card information for processing
the entry in question and for no other purpose and will keep such information
confidential. When notifying us as to the level of entry fees we will
(unless you request otherwise) assume that the charges are in your national
currency i.e. pounds sterling in the UK and punts in Eire.
If you have any problems with collection
of entry fees then we shall provide reasonable assistance at your cost
to help you substantiate that the Rider in question asked showdiary.co.uk
to notify you that he/she be entered in to the Event and that they authorised
deduction of the Event entry fee.
You agree to confirm the entry fee details
to Riders at the same time as confirming entry to an Event.
showdiary.co.uk do not currently make
any charges for providing the Services available at this website however
we reserve the right to charge for Services in the future (but we will
not charge you for Services which you have already requested and we
have agreed to provide at no cost). If we decide to introduce charges
then we will post details on our site or notify you by e-mail and you
will be free to decide if you want to carry on using the Services.
Unauthorised Use of Credit and Debit
Cards
Where a Rider chooses to pay by credit
card we will take reasonable care to keep the details of the request
and credit card information secure, but unless we have been negligent
or fraudulent we will not be liable for any losses you may suffer as
a result of unauthorised access by a third party to information transmitted
by the Rider when accessing or using this site.
Privacy
Our privacy policy sets out details
of the type of personal information which we collect, how we use it
and other information relating to privacy. A copy of the Privacy Policy
which can be accessed from our homepage or from here.
Reservation of Intellectual Property
Rights
All intellectual property rights including
without limit patents, design rights, copyright, know how, trade secrets,
confidential information, trade marks and database rights in the design,
content and arrangement of this site, its text and graphics, all software
compilations or underlying source code, and all other material on this
site are and shall remain the property of Charles Owen & Company
(Bow) Limited), its affiliates or its content and/or technology providers.
showdiary.co.uk and all other names,
images, pictures, logos and icons identifying showdiary.co.uk or its
services are, unless otherwise stated on this site, trade marks or trade
names of Charles Owen & Company (Bow) Limited in the UK and other
countries. Other product and company names mentioned on this site may
be trade marks of their respective owners.
Any rights (including without limit,
revenue rights and intellectual property rights of any nature) created
or generated as a result of the provision of the Services and/or the
operation of this website during the course of the provision of the
Services shall belong to showdiary.co.uk.
Use of Site Content
You may view the material (in whatever
medium) published on this site ("Site Material") by displaying it on
a computer screen, printing copies of it on paper (but you may not photocopy
such copies), or storing it in electronic form on disk for uses related
to the organisation of Events and compliance with your obligations under
these Organiser Terms. This permission is non-transferrable.
You may not reproduce, modify or in
any way commercially exploit any of the Site Material except as set
out in the paragraph above. In particular you must not (unless you obtain
our prior written consent):
- modify, sell, re-publish or redistribute the Site
Material;
- remove any copyright or trade mark notices from copies
of the Site Material; or
- download or print the Site Material in a systemic
or regular manner so as to create a database in electronic or paper
form comprising all or part of the Site Material.
Information Provided On The Site
We have exercised reasonable care in
preparing the material on this site however it may contain inaccuracies
or typographical errors. If you notice any such inaccuracies or errors
then please let us know at enquiries@showdiary.co.uk.
Compliance and Indemnity
You agree to comply with all rules,
regulations and laws which are applicable to the posting of Event details
on this site, the applications by Riders which we forward to you and
the services you provide to Riders from time to time including without
limit the Data Protection Act 1998 (and all codes and principles made
thereunder) and the Consumer Protection (Distance Selling) Regulations
2000. You further agree not use the Services for any unlawful purpose
or for the publication, linking to, issue or display of any unlawful
material.
You agree to fully indemnify and keep
showdiary.co.uk and its subsidiaries, affiliates, officers, agents,
partners, and employees, fully indemnified from and against all liabilities,
claims, actions, expenses or demand, costs (on a full indemnity basis)
made by any third party due to or arising out of an information which
you request us to post on our site, your use or misuse of the Services,
your connection to the Service, your breach of these Organiser Terms,
your breach of any rights of any third party and/or you relations with
any Rider.
Disclaimers
To the fullest extent permitted by law
this site and its contents is provided by showdiary.co.uk on an "as
is" and "as available" basis and no representations or warranties of
any kind are made (and they are expressly disclaimed) with respect to
this site or its contents including, without limit, warranties of merchantability
and fitness for a particular purpose. Further, showdiary.co.uk does
not represent or warrant that: (i) the service will meet your requirements;
or (ii) the service will be continuous, uninterrupted, timely, secure,
or error-free. Further, showdiary.co.uk does not accept liability for
the computer equipment and telephone services which you use to access
the Organiser Services or this website.
Neither showdiary.co.uk nor anyone else
who has been involved in the creation, production or supply of the services
shall be liable for any damages (including without limit direct, indirect,
consequential or incidental damages loss of business profits or information
business interruption or any other financial loss), arising out of your
access to the site and/or use of the Organiser Services any interruption
to or degradation of your ability to access this site and/or use the
Services or any errors or omissions in any material on this site or
the proposed or actual provision or use of any services to any rider
or any relationship or conflict which may arise between you and a rider
whether caused by negligence or otherwise except as expressly provided
herein (even if showdiary.co.uk has been advised of the possibility
of such damages). Some jurisdictions do not allow the exclusion or limitation
of implied warranties or of liability for consequential or incidental
damages and therefore the above may not apply to you.
Certain links on this site lead to web
sites which are not under our control. When you activate this kind of
link, you will leave our site, and we will not accept any responsibility
for any material on any web site which is not under our control.
Nothing in this contract shall exclude
or limit the liability of showdiary.co.uk for death or personal injury
resulting from the negligence of showdiary.co.uk or for fraudulent misrepresentation
nor affect the statutory rights of consumers.
You acknowledge that the allocation
of risk in this contract reflects the price paid for the services and
that it is not within showdiary.co.uks control how or for what purposes
the services are used.
If any exclusion in this license is
held to be invalid and showdiary.co.uk becomes liable for loss or damage
that may lawfully be limited then such liability shall be limited to
re-performance of the Services.
If we are prevented or delayed in or
from carrying out our obligations under the contract as a result of
something beyond our reasonable control such as but not limited to governmental
acts, war, riots, strikes or trade disputes (including by and with our
own employees), technical failure, weather, flood, fire or explosion,
natural or local emergency, we will not be liable for this.
Termination
showdiary.co.uk may immediately terminate
your access to the Services by giving you notice in writing and/or by
e-mail if you do not comply with any of these Organiser Terms.
Governing Law
Your use of this website and any provision
of the Services and all legal relationships relating thereto shall be
governed by and construed in accordance with English Law and the you
agree to submit to the exclusive jurisdiction of the English courts.
© Copyright Charles Owen &
Company (Bow) Limited 2000
All rights reserved
Charles Owen & Company (Bow) Limited
is a company registered in England and Wales under company number 1168237
and has its registered address at Royal Works, Croesfoel Industrial
Park, Wrexham, LL14 4BJ.
|