1 Acceptance of terms
1.1 Your access to and use of (“the Website”) and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 The services
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities (“the Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
3 Child supervision
We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
4.1 We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.
4.2 We use a technology called “cookies” as part of our normal business procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
5 User account, password and security
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
6 Acceptable use
6.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. We will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
6.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
6.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
6.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
6.2.7 collect or store personal information about others, including email addresses;
6.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
6.2.9 impersonate any person or entity for the purpose of misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
6.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
6.2.13 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
6.3 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
8 Links to third party websites
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that is not responsible for the content or availability of any such sites.
9 International use
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
10 Intellectual property rights
10.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
10.2 does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
You agree to indemnify and hold harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by in consequence of your breach of these Terms and Conditions.
12 Disclaimers and limitation of liability
12.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
12.2 To the extent permitted by law, will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
12.3 makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of for death or personal injury as a result of the negligence of the Company
12.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
14 Governing law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
General Terms & Conditions
1. ANNUAL MEMBERSHIP and EVENT ENTRY
1.1 By submitting your application you are agreeing to register for The Farm Club Group Ltd and to abide by these conditions of membership and entry.
2. TRAINING and EVENT SAFETY
2.1 At all times during the training or event you must adhere to all instructions given by organisers, managers, event marshals, volunteers and officials.
2.2 It is your responsibility to ensure that you have the correct equipment that is in a good safe working order and take weather conditions into account when preparing to take part.
2.3 It is your responsibility that you are sufficiently fit and healthy to participate in the events unaided. If you are in any doubt we recommend that you seek medical advice beforehand. Please read our Health Commitment Statement for further advice. If you are a novice or beginner to The Farm Club Group Ltd for open water swimming you must join an induction or coached session if that is available to you.
3. DATA PROTECTION, YOUR INDIVIDUAL RIGHTS AND GDPR
We use and collect your personal and sensitive data so that venues may look after your interests for the following legitimate reasons:
This is outlined in your data rights in line with GDPR Legislation.
3.1 You understand that your personal information can be stored by The Farm Club Group Ltd and used by the Organisation and venue operators.
3.2. The promotion and marketing of The Farm Club Group Ltd events and training;
3.2.1 Venue operators will ensure compliance.
3.2.2 The Farm Club Group Ltd would like to add you to our mailing list (using a secure third party compliant service provider) You can easily OPT-OUT any mailing by ticking the unsubscribe option at the bottom of the footer. (please see condition 3.5)If you object to such, please see condition 3.5.
3.3 The Organisers shall take all necessary steps to ensure that personal information or marketing information pertaining or relating to you which comes into their possession or control shall not be:
3.4.1 Used or reproduced in whole or in part in any form except for the purposes outlined in these conditions.
3.4.2 Disclosed to any person not authorised by The Farm Club Group Ltd or you to receive it; or.
3.4.3 Altered, deleted, added to or otherwise interfered with (except where expressly permitted by these conditions).
3.5 Your right to withdraw:
If you would not like The Farm Club Group Ltd, their partners or Organisers to use the marketing information or personal information other than for purposes related solely to your participation in The Farm Club Group Ltd events/recreational activities, please e-mail [email protected] saying please take me off your mailing list. You will then not receive any marketing emails.
3.6 Your right to be forgotten
Email in on [email protected] to be removed from our The Farm Club Group Ltd system (please refer to our Privacy statement)
3.7 How we delete personal data
By cancelling your membership, your personal details are hidden and cannot be accessed. You can ask us to permanently delete your data by contacting us on [email protected]
3.8 Your right to correct your information (right to rectification)
If you believe that the personal information we hold is inaccurate, incorrect or incomplete, please contact us as soon as possible so we can update it. You can also update your own personal details by logging into your own account at any time.
3.9 Request a copy of your data (data portability)
All your data is available on your log in page. If you need further assistance, please contact us on [email protected]
4.1 The Farm Club Group Ltd and partners and the Organisers may cancel the sessions and events if circumstances arise beyond their reasonable control. In such circumstances it will be the local venue or clubs who will endeavour to communicate to you in advance.
4.2 In the event of a cancellation The Farm Club Group Ltd or the Organisers will have no responsibility for any costs incurred as a result of cancellation.
4.3 There are absolutely no refunds given for any circumstances.
5. MEDICAL CONDITIONS
5.1 If you have not exercised before or for some time, you should consult your doctor before taking part in open water swimming or any The Farm Club Group Ltd event/recreational activity. Please read our Health Commitment Statement for further advice.
5.2 You must provide an emergency contact name/emergency contact number, medical conditions that may affect your participation. You must tell us on the form if you have ever had a seizure or fit. You must be honest with your level of competency on registration and anything else that you think could affect your participation. It is up to you to change your status or make any new changes from your login page if they change at the earliest opportunity.
7.1 In no event shall The Farm Club Group Ltd or the Organisers be liable to you, whether for breach of contract, any tortuous act or omission (including negligence) or otherwise, under or in connection with the Agreement for any:-
6.1.1 Loss or damage;
6.1.2 Loss of profit;
6.1.3 Loss of reputation;
6.1.4 Loss of business, revenue or goodwill;
6.1.5 Loss of anticipated savings;
6.1.6 Pledges made on your behalf or by you to charity; or
6.1.7 Consequential or indirect loss, regardless of whether the loss or damage:
(a) Would arise in the ordinary course of events;
(b) is reasonably foreseeable; or
(c) Is in the contemplation of the parties, or otherwise.
6.2 Nothing in this Agreement shall affect The Farm Club Group Ltd's liability for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.
6.3 The Farm Club Group Ltd strongly advises all participants to hold relevant public liability cover whilst taking part in these events and training.
7.1 The Agreement shall be governed by English law, and the parties submit to the exclusive jurisdiction of the English courts.
7.2 If any provision of the Agreement is invalid or unenforceable, in whole or in part, the validity of the remainder shall not be affected.
7.3 The Agreement does not create, confer or purport to confer any benefit or right enforceable by any person not party to it.
7.4 Participant must inform [email protected] of changes in personal contact/address details immediately they occur if they cannot change them via their personal login page.
HEALTH COMMITMENT STATEMENT
Your health is your responsibility. The Farm Club Group Ltd is dedicated to helping you take every opportunity to enjoy your participation in training and your events. With this in mind, we have carefully considered what we can reasonably expect of each other.
Our commitment to you
1. We will respect your personal decisions and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.
2. We will make reasonable efforts to make sure our The Farm Club Group Ltd events/recreational activities are organised to accepted safe operational standards for you to enjoy, however you must ensure the operators, organisers and any associated persons involved are trained and qualified. We don’t accept responsibility of anyone not directly working for or registered to The Farm Club Group Ltd.
3. We will take reasonable steps to ensure first aid is provided and available at venues and events to an industry standard.
4. If you tell us you have a disability which puts you at a substantial disadvantage in accessing our event, we will ensure this information is passed onto The Farm Club Group Ltd events for adjustments, if any, that are reasonable for them to make.
Your commitment to us
1. You should not swim on your own or exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with your safe participation when training or in an event, before you enter you should seek advice from a relevant medical professional and follow that advice.
2. It is the decision of the user, not The Farm Club Group Ltd venue, operator or event organiser, to determine whether he or she is fit enough to exercise. If the user is in any doubt, the user should seek medical advice. It is up to the user where to seek that medical advice.
3. You should let the organisers know immediately, if you feel unwell whilst participating in one of The Farm Club Group Ltd events or at a The Farm Club Group Ltd venue. The Farm Club Group Ltd or operating staff are not qualified Doctors, but there may be first aid trained staff in attendance for your piece of mind. It is up to you to confirm this if you are not willing to exercise without first aiders in attendance.
4. If you have a disability, you must follow any reasonable instructions to allow you to train or complete your event safely.
This Health Commitment Statement sets the standards that The Farm Club Group Ltd venue and operators and organisers and event participants can reasonably expect from each other in regards to the health of the participant.
This statement is for guidance only. It is not a legally binding agreement between you and us and does not create any obligation which you or we must meet.
Overview for Operator/ Venue Information
Any training to get you ready is delivered by a range of health and fitness providers and facilities that are considered advisory and not governing bodies.
The Farm Club Group Ltd members– Key conditions
- Responsibility for their safety and wellbeing is with the company or person providing the session or facility.
- Sessions delivered and facility providers should be covered by the instructors or providers company indemnity/ liability insurance.
- Instructors / coaches should have taken part in a training programme, and also have qualifications to deliver relevant activities. If you are in any doubt on instructor / coach qualifications or insurance you can contact them direct in the first instance and if you have any further questions contact [email protected] to check the organisers, coaches or venues.
- You must ensure you advise the instructor/coach or facility of any specific medical condition. They will be able to advise on whether you can take part.
- If you are taking part in any unsupervised activity, this is done at entirely at your own risk.
- Any equipment you provide should be in good condition, if bicycles are used in training we recommend they are fully checked by a qualified bike mechanic prior to use.
- Non-use of wetsuits is entirely at the risk of the participant. It is up to you to inform and check with the organiser if you need to sign a waiver or have a confirmed level of experience. Also check with guidelines for water temperature as this may change also.
- All participants should adhere to the facility/ instructor/ coach / organiser/ and session rules.
- Any person under the age of 18 should have parental consent to take part in The Farm Club Group Ltd activities. Any person under the age of 18 should check with a provider/ facility to ensure they are able to take part and if there are additional conditions.
Overview for Events and Races
- All participants must register before and after, when in the water or the activity/event/race, it is your responsibility to ensure you have registered.
- Participants should check closely what is offered at a venue before choosing to use the facilities. Some may be unsupervised or may offer basic guidance.
- Participants should check pricing and opening hours before travelling to a venue.
- All participants use The Farm Club Group Ltd venue at their own risk, The Farm Club Group Ltd cannot be held responsible for any injury or loss caused when using the venue.
- All participants should read the venue / event rules to ensure they know routes and courses before they start.
If you have any questions or concerns regarding The Farm Club Group Ltd operator / venue or instructor, please advise [email protected]