By registering on our website for the SailEvent service, ‘The Service’, you agree to these Terms of Use.

Use of The Service

You shall be responsible for the activities conducted through use of The Service and shall ensure compliance with national laws in conjunction therewith.

You shall not reproduce; trade or resell The Service, or engage in any conduct that may disrupt the provision of The Service.

Data Protection and Privacy

Use of The Service is governed by our Data Protection Statement and Privacy Policy which are incorporated into these Terms of Use by this reference.

Intellectual Property Rights

Intellectual Property Rights are defined as the rights in all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world. We shall hold title to all Intellectual Property Rights. Such Intellectual Property Rights may only be used by you in the manner stated in this Agreement. Under no circumstances shall you or a third party acquire any Intellectual Property Rights to The Service or to software or to any business mark belonging to or used by us.

Force Majeure, Liability and Limitation of Liability

The Service includes the ability to view and record the GPS position data of a device registered by you and activated by you. The Service cannot guarantee that the position of your device is known at any time and cannot ensure your safety.

We shall not be liable should your access to The Service be prevented or rendered materially more onerous due to circumstances beyond our control and which could not have been reasonably foreseen. Such force majeure events include, but are not limited to, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, or governmental action.

We make no warranty or representation that The Service 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, or that it will be secure. We make no guarantee of any specific results from the use of The Service.

In the event third-party claims are brought against us and/or you as a result of your use of The Service You shall hold us harmless in respect of such claims.

We shall not be liable to you in the event of distortion or loss of data or other defects or deficiencies in provided services that are due to The Service. Errors must be notified by you in accordance with our instructions as issued from time to time.

We accept no liability for any loss although nothing in these Terms of Use excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.

Modifications and Amendments

In order to facilitate further development we reserve the right to effect modifications to the design, operational method, technical specifications, systems, and other functions of The Service.

We reserve the right to change these Terms of Use at any time. If we make changes the new effective date will be shown at the top of this page. We encourage you to refer to this page on an on-going basis so that you understand our current Terms of Use.

Term and Termination

The Terms of Use shall enter into force upon your acceptance of them at registration on our web site and shall remain in force until such time that your Service is closed.

We shall be entitled to close your Service if you use The Service in a manner:

• that entails the perpetration of a crime; or
• that occasions losses or the risk of loss for us or another party; or
• that violates these Terms of Use; or
• whereby you utilise resources or seek unauthorised access to The Service in ways which are not intended for you.

 

General

In the event that we fail to exercise any right or remedy contained in these Terms of Use, this shall not be construed as a waiver of that right or remedy.

These Terms of Use embody and set forth the entire agreement and understanding between the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of the Agreement. Neither you nor we shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in these Terms of Use, save for any representation made fraudulently.

All notices/communications shall be sent to and by us either by post or email. You should post to our premises at 8 Bracklesham Road, Hayling Island, PO11 9SJ, UK, or email to info@sailingclubsoftware.com.

Governing Law and Disputes

These Terms of Use and the ensuing relationship between us shall be governed by and construed in accordance with the laws of England and Wales.

Any dispute between us relating to these Terms of Use and all other aspects of the relationship shall fall within the exclusive jurisdiction of the courts of England and Wales.