Culture and Sport Glasgow - Terms and Conditions
1.1 Culture and Sport Glasgow is a company registered in Scotland (Company No. SC313851) having its registered office at 220 High Street, Glasgow, G4 0QW and is a charity registered in Scotland with charity number SC037844 and operating under the name Glasgow Life ("Glasgow Life"). In these Terms (hereinafter defined) "we", "us" and "our" means Glasgow Life and "you" and "your" means you as an individual acting on behalf of the sports club in which you are registering for the Services (hereinafter defined).
In these Terms the following definitions will apply:
"Applicable Laws" means all applicable laws, statutes, regulations, directives, decisions, rulings, decrees, government policies, enactments or instruments (including national, regional, local or municipal laws, regulations or by-laws of any kind whatsover, and including where made by any government, quasi-governmental entity or by any entity which has the same or similar authority there as), and requirements, regulations, safety standards, ethical norms or industry practices applicable to the Services and including but not limited to any law, act, order, regulation or approved code of practice which may from time to time be in force and relevant directly or indirectly to the obligations hereunder;
"Clause" shall mean a clause in these Terms and Conditions;
"Data Protection Legislation" means any statute, directive, other legislation, law or regulation in whatever form, delegated act (under any of the foregoing), rule, order of any court having valid jurisdiction or other binding restriction, decision or guidance in force from time to time relating to data protection, the processing of personal data and privacy from time to time;
"Intellectual Property Rights" means all intellectual and industrial property and all rights therein in any part of the world including, without limiting the generality of the foregoing, any patent, patent application, trademark, trademark application, registered design, registered design application, trade name, trade secret, business name, discovery, invention, process, formula or know-how;
"Services" shall have the meaning given to it in Clause 4.1;
"Terms" means these terms and conditions;
"Website" shall have the meaning given to it in Clause 3.1;
3.1 Please read these Terms carefully as they set out the terms and conditions under which Glasgow Life makes available to you the use of our Services by means of its website at http://www.glasgowlife.org.uk ("Website"). By using either the Services and/or the Website you agree that you have read and accept these Terms and that they will apply to your use. If you do not wish to be bound by these Terms then please do not use this Website or register for any Services.
4.1 Glasgow Life has an online activity finder on its Website in which sports clubs or individuals on behalf of sports clubs in Glasgow can register and input information about their sports club which will then be displayed online on the Website. The information requested by Glasgow Life includes but is not limited to the sports club name, address, the sporting activity/ activities, the lead contact in the club where required and additional information regarding suitability of the activity for interested parties. The activity finder will allow members of the public to search for sporting activities using specific search criteria and contact you about further information about the sports club.
4.2 Please note that members of the public can view the information detailed at Clause 4.1 above on the Website once registration on the Website has been completed by you. The registration process will collect certain data from you and will require you to confirm that, you accept these Terms.
5 Your obligations of the Website and the Services
5.1 You agree that your use of the Website and the Services are for personal and non-commercial uses only.
5.2 You must ensure that when you are asked to complete a registration form on the Website for the Services, any personal details you provide are true, accurate and complete.
5.4 Any other use of materials on the Website and/or contained in the Services without the prior written consent of Glasgow Life is strictly prohibited. You also agree not to link to the Website or any of the content of the Services for any purpose, unless specifically authorised in advance by Glasgow Life to do so.
5.5 You agree that you shall not use (and shall not permit any other person to use) the Website and/or the content of the Services to transmit or receive material which is obscene, threatening, offensive, defamatory, abusive or in breach of any of Glasgow Life's Intellectual Property Rights (including copyright) or for any reason which may violate any Applicable Laws or regulation or code, or contains any virus or which may otherwise impair or harm Glasgow Life's computer systems to which Glasgow Life shall be the sole judge.
5.6 By using the Services, you hereby grant to Glasgow Life a royalty free, perpetual, worldwide, non-exclusive licence to display, copy, reproduce and make available on the Website any material and information which you may provide to Glasgow Life through your use of the Services.
6.1 You warrant, represent and undertake to Glasgow Life that you have full capacity and authority to enter into these Terms.
6.2 You shall not breach your obligations under Clause 5 above.
7 Indemnities and Liability
7.1 You shall indemnify Glasgow Life and keep Glasgow Life indemnified against all actions, proceeds,
costs, claims and damages whatsoever incurred by or awarded against Glasgow Life for any breach or non – performance of any obligations and warranties in these Terms or from any act of negligence, omission, default or breach of on your part in respect of which Glasgow Life suffers loss.
7.2 Nothing in these Terms is intended to exclude or limit Glasgow Life's liability for death or personal injury arising from Glasgow Life's negligence or for loss or damage arising from fraud or for any other loss or damage for which our liability may not legally be excluded or limited.
7.3 Subject to Clause, 7.2 above, in no event will Glasgow Life be liable to you under or in connection with these Terms for loss or damage caused by breach of contract (including the agreement made on these Terms), negligence, breach of any statutory duty, or arising in any other way.
7.4 Save to the extent required by Applicable Laws, no representations, warranties or terms of any kind are made in respect of the Website and/or the Services or their contents (including, without limitation, any views or comment made).
7.5 Your use of any information and/or data is entirely at your own risk. Any and all liability of Glasgow Life, howsoever arising for any loss suffered as a result of your use of the Website and/or the Services is expressly excluded to the fullest extent permitted by Applicable Laws.
8 Intellectual Property
8.1 Except as expressly set out in these Terms, Glasgow Life does not grant any licence or other authorisation to use any of its trade marks registered and unregistered, design rights, its company name or logo or any of its copyright works or other Intellectual Property Rights of Glasgow Life or third party clubs by means of the Website and/or the Services.
9 Availability of the Website and the Service
9.1 Glasgow Life does not promise full, uninterrupted or error free operation and access of the Website and/or the Services. All liability of Glasgow Life for any loss whatsoever arising from your use of or inability to use the Website and/or the Services is excluded, insofar as it is possible to do so under Applicable Laws.
10 Use of Personal Information
10.1 You and Glasgow Life shall comply with their respective requirements in terms of Data Protection Legislation.
11.1 Glasgow Life may immediately and for any reason terminate, suspend or deny you access to the Website and/or Services without incurring any liability whatsoever to you.
11.2 In the event Glasgow Life exercise its rights under Clause 11.1 above, your account will be closed.
11.3 Any sports club can directly terminate their profile on the online system by deleting the club profile and/or their own personal information via their own account log in. Glasgow Life will not prohibit any club from terminating or removing their information. If a sports club terminates their account then they will be require to reapply for their sports club to be on the system in the future should they wish to rejoin.
11.4 All sports clubs will be able to modify and change public facing data via their own account log in or contacting firstname.lastname@example.org
11.1 You may not assign, transfer, subcontract any of your rights and obligations under these Terms without Glasgow Life's prior written consent.
11.2 A failure by Glasgow Life to exercise or enforce any of the Terms shall not be deemed a waiver of any such right nor shall it prejudice the ability of Glasgow Life to enforce that right in accordance with its terms or to exercise that right or remedy on any future occasion.
11.3 If any provision of these Terms or part thereof is determined by a court to be invalid, unlawful or unenforceable, such provision, or part thereof, shall be severed from the remaining terms, which shall continue to be valid and enforceable to the fullest extent permitted by Applicable Laws.
11.4 These Terms (and any document referred to herein) constitute the entire agreement between you and Glasgow Life in respect of their subject matter. Glasgow Life reserves the right to vary these Terms from time to time without consent or any requirement for prior notice. Such changes shall be posted on the Website. Any changes carried out in accordance with this Clause shall be deemed to have been accepted by you if you continue to use the Website and/or the Services.
12 Law and Jurisdiction
12.1 These Terms and any dispute or claim arising out of or in connection with them shall be governed and construed in accordance with Scots Law and the Scottish Courts will have the exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms.