Website Terms and Conditions

Please read these Terms and Conditions carefully and ensure that you understand them before using this website (www.sportser.co.uk.).

This agreement applies as between you, the User of this website and Sports ER Limited, the owner of this website.

Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately. By using our website you accept these Terms and Conditions.

These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this website, www.sportser.co.uk.

The following documents also apply to your use of our website; our:

- Privacy Policy (including our Cookie Policy)

- Website Disclaimer.

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

1. Definitions and Interpretation

In this agreement, unless the context otherwise requires, the following terms shall have the following meanings:

“Business user”: a business or organisation who purchases goods and services and is using our website in the course of business or for commercial purposes

“Consumer”: an individual, who is not a business or other organisation, who purchases goods and services and is using our website for personal use

“Content”: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;

“We/us/our”: means Sports ER Ltd, Walnut Tree Cottage, Hinstock, Market Drayton, Shropshire, England, TF9 2ST;

“Service”: means collectively any online facilities, tools, services or information that Sports ER Limited makes available through the website either now or in the future;

“System”: means any online communications infrastructure that Sports ER Limited makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “users”: means any third party that accesses the website and is not employed by Sports ER Limited and acting in the course of their employment;

“Website”: means the website that you are currently using (www.sportser.co.uk) and any sub-domains of this website unless expressly excluded by their own terms and conditions.

2. Access to and Availability of the Website

2.1 Our website is primarily intended for users in the United Kingdom. We do not warrant or represent that our website or its content are available in all other locations or are suitable for use in other locations.

2.2 Access to our website is provided on an “as is” and on an “as available” basis, and is free of charge.

2.3 It is your responsibility to make the arrangements necessary in order to access our website.

2.4 We do not guarantee that our website will always be available or that access to it will be uninterrupted.

2.5 We may suspend or discontinue our website (or any part of it) at any time. If we suspend or discontinue our website (or any part of it), we will try to give you reasonable notice of the suspension or discontinuation.

2.6 Sports ER Limited accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ‘internet service provider’ (ISP) equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

2.7 We give no warranty that the service will be free of defects and/or faults.

2.8 To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

3. Changes to Our Website

3.1 We may alter and update our website (or any part of it) at any time.

3.2 If we make any significant alterations to website (or any part of it), we will try to give you reasonable notice of the alterations.

4. Links with Other Websites

4.1 This website may contain links to other, third-party websites.

4.2 Unless expressly stated, these websites are not under the control of Sports ER Limited.

4.3 Sports ER Limited assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

4.4 We have no control over, or availability, of linked pages. The inclusion of a link to another website on this website does not imply any endorsement of that website or of its owners, operators, those in control of it, or any other parties involved with it.

5. Acceptable Usage of Our Website

5.1 You may only use our website in a lawful manner.

5.2 You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply.

5.3 You must not use our website in any way, or for any purpose, that is unlawful or fraudulent.

5.4 Whether you are a business user or consumer, you agree that you will not use our website for any commercial or business purposes, unless previously agreed in writing with Sports ER Limited

5.5 You must not use our website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

5.6 If you fail to comply with these provisions, you will be in breach of these Terms and Conditions. We may take one or more of the following actions in response:

- suspend or terminate your right to use our website;

- issue you with a written warning;

- take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting

from your breach;

- take further legal action against you, as appropriate;

- disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

- any other actions which we deem reasonably appropriate (and lawful).

5.7 We hereby exclude any and all liability arising out of any actions that we may take (including, but not limited to those set out above) in response to your breach.

6. Linking to this Website

6.1 Those wishing to place a link to this website on other websites may do so only to the home page of the Sports ER website (www.sportser.co.uk) without prior permission.

6.2 Where a link is created, extracts from the following descriptive text should be used:

“Sports ER Ltd are a UK-registered Private Limited Company that provides sport-specific, ‘fit for purpose’ education and training in pre-hospital emergency care, and consultancy on risk assessment and medical emergency action planning related to the sport environment.”

“The Company was established to fulfil the needs of medical practitioners, allied health care professionals and non-medical staff, e.g. coaches, who are working in sport and provide the training that equips them with the knowledge, skills, understanding and behaviours to recognise, assess and manage the infrequent presentations of the critically ill or seriously injured athlete whenever training and competitive sports activity is taking place.”

“They offer sport-specific medical emergency management courses and workshops both domestically and internationally. To date, Sports ER have delivered courses and workshops in Barbados, England, Iceland, Ireland, Italy, Qatar, Saudi Arabia and Switzerland for professional sports organisations, sports governing bodies and academic institutions.”

6.3 ‘Deep linking’ (i.e. links to specific pages within the website) requires the express permission of Sports ER Limited.

6.4 You must not link to our website in a manner that suggests any association with us (where there is none) or any endorsement or approval from us (where there is none).

6.5 Your link should not use any logos or trademarks displayed on our website without our express written permission.

6.6 Links to our website must be fair and lawful. You must not take unfair advantage of our reputation or attempt to damage our reputation.

6.7 You may not link to our website to another website the main content of which is unlawful, obscene, offensive, inappropriate, dishonest, defamatory, threatening, racist, sexist or otherwise discriminatory; that promotes violence, racial hatred or terrorism; that infringes intellectual property rights; or that we deem to be otherwise objectionable.

7. Viruses, Malware, and Security

7.1 We exercise reasonable skill and care to ensure that our website is secure and free from viruses and malware; however, we do not guarantee that this is the case.

7.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

7.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our website.

7.4 You must not attempt to gain unauthorised access to any part of our website, the server on which our website is stored, or any other server, computer, or database connected to our website.

7.5 You must not attack our website by means of a denial of service attack, a distributed denial of service attack, or by any other means. By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our website will cease immediately in the event of such a breach.

8. Privacy

8.1 For the purposes applicable data protection legislation, Sports ER Ltd will process any personal data you have provided to it in accordance with our Privacy Policy available on our website (www.sportser.co.uk) or on request from Sports ER Limited.

8.2 For information about how we might collect and use the information you give us, the conditions under which we may disclose it to others, how we keep it secure and your legal rights in relation to any personal information we hold, you should refer to our Privacy Policy.

8.3 We will only use your personal data/information as set out in our Privacy Policy.

8.4 If we have your contact details, we may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to our website or to these Terms and Conditions.

8.5 We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from us include an unsubscribe link. If you opt out of emails from us, it may take up to two months for your request to take effect and you may continue to receive emails during that time.

8.6 You agree that, if you have provided Sports ER Limited with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Sports ER Limited, and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Sports ER Limited website or otherwise provided a copy of it to the third party. You agree to indemnify Sports ER Limited in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

8.7 For questions or complaints about communications from us, please contact us.

9. Disclaimers

9.1. Sports ER Limited makes no warranty or representation that this website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of this website.

9.2 Sports ER Limited make every reasonable effort to ensure that the content on our website is complete, accurate, and up to date, but does not accept any liability for error or omission. The information is presented 'as is'. No warranties, representations, or guarantees, expressed or implied, concerning the content or accuracy of the information stored and maintained within this information service is made.

9.3 Whilst every effort has been made to ensure that all descriptions of services and goods available from Sports ER Limited correspond to the actual services and goods, Sports ER Limited is not responsible for any variations from these descriptions. If you are a business user, we exclude all implied representations, warranties, conditions and other terms that may apply to our website and content.

9.4. No part of this website is intended to constitute professional medical advice, or advice of any kind, and the content of this website should not be relied upon when making any decisions or taking any action of any kind. It is provided for general information purposes only. Professional or specialist advice should always be obtained before taking any action in relation to the medical emergency management, or performance of any medical procedures, for any one individual.

9.5 No part of this website is intended to constitute a contractual offer capable of acceptance. No services or goods are sold through this website and product or service details are provided for information purposes only.

9.6 Sports ER Limited does not represent or warrant that such services or products will be available from us from our premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any services or products. Any such enquiry does not give rise to any express or implied warranty that the services or products forming the subject matter of your enquiry will be available upon your arrival at our premises.

9.7 All pricing information on the website is correct at the time of going online. Sports ER Limited reserves the right to change prices from time to time and as necessary and without notice. All pricing information is reviewed and updated every 12 months.

9.8 Sports ER Limited takes no responsibility for the contents of linked websites and links should not be taken as an endorsement of any kind. We have no control over the availability of the linked pages.

9.9 Sports ER Limited will not be liable (to the fullest extent permitted at law) for any loss, damage or inconvenience arising as a consequence of any use of or the inability to use any information on this website.

10. Limitation of Liability

10.1 To the maximum extent permitted by law, Sports ER Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its content at their own risk.

10.2 If you are a business user (i.e. you are using our website in the course of business or for commercial purposes), to the fullest extent permissible by law, we accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our website or the use of or reliance upon any content included on our website.

10.3 Nothing in these terms and conditions excludes or restricts Sports ER Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Sports ER Limited.

10.4 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

11. Intellectual Property and Copyright

11.2 Our status as the owner and author of the content on our website (or that of identified licensors, as applicable) must always be acknowledged.

11.3 All content included on our website and the copyright and other intellectual property rights (unless uploaded by users), including, but not limited to, text, articles, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Sports ER Limited, our affiliates or other relevant third parties, or has been licensed by us, unless specifically labelled otherwise. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws and treaties.

11.4 Subject to sub-clauses 11.5 and 11.6, no material from this website, or any Sports ER Limited related content, including but not limited to our logos or graphics displayed on our website, may be copied, duplicated, reproduced, recreated, modified, translated, republished, stored in a retrieval system, resold, posted, distributed or transmitted in any form, or by any means, including but not limited to, photocopying, data processing recording, digital or mechanical methods or otherwise, or in any other fashion re-use material from the website, unless otherwise indicated on the website or without the express prior written permission of Sports ER Ltd.

11.5 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche. Further information is available from the UK Intellectual Property Office.

11.6 Material from the website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

11.7 You may only use screenshots of the Sports ER website in print or other media with express permission of Sports ER Limited.

11.8 Screenshots must appear without any alteration to the copy or graphical images. When using a screenshot, you must include the uniform resources locator (URL)/web address of the Sports ER Limited website and give credit to Sports ER Limited as follows:

- Reprinted with permission from (insert URL here)
- Copyright [insert year of creation] Sports ER Limited

11.9 You may not use any content (saved or downloaded) from our website for commercial purposes without first obtaining a licence from us (or our licensors, as applicable). This does not prevent the normal access, viewing, and use of our website for general information purposes by business users or consumers.

11.10 Any use, exploitation or commercialisation outside copyright legislation is illegal and liable to prosecution.

11.11 All enquiries and requests regarding extracts or the use of any copyrighted material from the Sports ER Limited website should be addressed to Sports ER Limited.

12. Changes to these Terms and Conditions

12.1 We may alter these Terms and Conditions at any time. If we do so, details of the changes will be highlighted at the top of this page.

12.2 As indicated above, your use of our website constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of our website the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use our website.

12.3 If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless we explicitly state otherwise.

13. Notices

13.1 All notices/communications shall be given to us either by post to our premises or by email (see addresses on the website).

13.2 Such notices/communications will be deemed received 3 days after posting if sent by first class post, and the day of sending if the email is received in full on a business day, and on the next business day if the email is sent on a weekend or public holiday.

14. Law and Jurisdiction

14.1 These Terms and Conditions and the relationship between you and Sports ER Limited shall be governed by and construed in accordance with the Law of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

14.2 If you are a business user, any dispute, controversy, proceedings, or claim between you and us relating to these Terms and Conditions or to the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and us relating to these Terms and Conditions or to the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

The Website Terms and Conditions were last updated: April 2021