England Athletics Terms of Use

England Athletics Terms of Use

Who we are

We are England Athletics Ltd, a company registered in England under number 5583713, and our registered address is at Athletics House, Alexander Stadium, Walsall Road, Perry Barr, Birmingham, B42 2BE, UK (weusour).

Introduction

These Terms of Use apply to the use of our website at www.englandathletics.org (the website) and to the Athletics 365, Schools Athletics and Leading Athletics applications used on mobile phones, tablets and other mobile devices (the apps) that we make available for download from any third party application store. This agreement also applies to any services accessible through the website or the app, unless separate or additional terms apply, in which case they will be displayed on-screen or be made accessible via a link.

By (if appropriate) downloading, or registering to use, or using, the website or the app, you confirm that you accept and agree to be bound by these terms and acknowledge that they constitute a legally binding contract between us and you (and, if relevant, any organisation – such as a school or club – on whose behalf you are acting). If you are acting on behalf of any organisation, you confirm that you have the necessary authority to bind that organisation.

These terms apply to any in-app purchases made using the app (for example, subscriptions and other resources that may be available via the app from time to time).

In this agreement, references to you (and your, etc.) means both you as an individual user and also the organisation on whose behalf you are acting (if any).

We may change these terms from time to time by changing them on the website.

These terms were last updated on 14th November 2017.

What the apps do

The Athletics 365, Schools Athletics and Leading Athletics apps provide education support to coach’s teachers, leaders and others delivering athletics based activities and sessions.

This includes suggested examples of good practice in the form of coaching / teaching cues, session / lesson plans and age / stage appropriate coaching and teaching support.

The app also provides signposting to wider youth based programmes and products offered by England Athletics and other third parties.  

Use of the apps

The apps may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the apps concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download and use the apps.

The relevant apps (or upgrade) will be made available immediately and, therefore (subject to any cancellation right that the terms of service of the relevant third-party application store may allow you), you will have no right to change your mind and cancel once the download has started.

If you register with us, you must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using the app(s), you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of this agreement or if any details you provide for the purposes of registering as a user are, or appear to be, false.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the apps, or that the apps will respond at a certain speed (since this depends on a number of factors outside our control).

Subscriptions

Whilst some elements of each app are free, other elements of the apps will require in-app purchases. These will come in the form of either a one-off payment or a subscription. Subscriptions will be offered for the period one month, three months, annually (12 months) or a lifetime.

Price for each in-app purchase and subscription can be found within the app.

All subscriptions once charged are non-refundable.

Performance of the apps

We warrant that the apps will function in all material respects with the description provided by us at the point of download and that any services we provide through it will be provided with reasonable care and skill.

What you are allowed to do

You may only use the apps for non-commercial, personal use and only in accordance with this agreement (and in accordance with the applicable terms of any relevant third-party service provider for the device to which you download, or on which you access or use, that app) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

Subject to the following sections, you may retrieve and display content from the website and the app on a computer or mobile device and store that app in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of the app and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in this agreement, you are not allowed to:

  • republish, redistribute or re-transmit the apps;
  • copy or store the apps other than for your own non-commercial, personal use and as may occur incidentally in the normal course of use of your browser or mobile device;
  • store the app on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the apps;
  • remove or change any content of the apps or attempt to circumvent security or interfere with the proper working of the apps or any servers on which it is hosted;
  • create links to the website from any other website, without our prior written consent, although you may link to the website from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
  • use the apps in a way that might damage our name or reputation or that of any of our affiliates; or
  • otherwise do anything that it is not expressly permitted by this agreement.

To do anything with the apps that is not expressly permitted by this agreement, you will need a separate licence from us. Please contact us, using the contacting us details at the end of this agreement.

Intellectual property rights

All intellectual property rights in the apps and in any content of the apps (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in this agreement gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading or using the apps.

Functionality and content

We reserve the right to change the design, features and/or functionality of the apps by making the updated apps available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated app, but we may cease to provide and/or update content to prior versions of app and, depending on the nature of the update, in some circumstances you may not be able to continue using an app until you have downloaded the updated version.

Where the apps make content available, such content may be updated at any time. We reserve the right to remove, block access to, cease to provide and/or update content to the apps, with or without notice to you, if we need to do so for security, legal or on any other reasonable ground.

Except as expressly set out in this agreement, we make or give no representation and do not enter into any condition, warranty or other term as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the apps and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of these apps.

Personal information

Use of any personal information submitted to us (whether via the app or the website) is governed by our privacy and cookies policy which is treated as forming part of these terms. You are required to comply with the terms of the privacy and cookies policy.

External links

The website and app may, from time to time, include links to external sites. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.

Our liability

Nothing in this agreement shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation; or
  • for any other liability that may not, under English law, be limited or excluded.
  • Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses , and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the following:
  • the total fees paid by you for the relevant paid-for app(s) (plus any “in-app” purchases) in respect of which the liability arises;
  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

General

You may not transfer or assign any or all of your rights or obligations under this agreement.

All notices given by you to us must be given in writing to the address set out at the end of this agreement.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of this agreement is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on the terms of this agreement may be concluded in the English language only and that no public filing requirements apply.

These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or the app will only be dealt with by the English courts.

Contacting us

Please submit any questions you have about this agreement or any problems concerning the  apps by email to info@englandathletics.org or via the Contact Us page on our website or by telephone 0121 347 6543  between the hours of  08:00 – 17:00, Monday to Friday:
or write to us at:

Postal address: England Athletics, Athletics House, Alexander Stadium, Walsall Road, Perry Barr, Birmingham, B42 2BE

Additional terms from third party platform providers

Apple

If the app that you download, access and/or use runs on Apple’s iOS operating system:

that app may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;

you acknowledge and agree that:

·   Apple has no obligation at all to provide any support or maintenance services in relation to that app. If you have any maintenance or support questions in relation to that app, please contact us, not Apple, using the Contacting us details in these terms;

·     except as otherwise expressly set out in these terms, any claims relating to the possession or use of that app are between you and us (and not between you, or anyone else, and Apple);

·     in the event of any claim by a third party that your possession or use (in accordance with

·      these terms) of that app infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and

·     although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;

you represent and warrant that:

·     you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and

·     you are not listed on any United States Government list of prohibited or restricted parties; and

if that app does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of that app (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to that app and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to that app or as a result of you or anyone else using that app or relying on any of its content.