1. UKClimbing Limited Term and Conditions
The web sites UKClimbing.com and UKHillwalking.com are owned and operated by UKClimbing Limited. Access to and use of this site are subject to the following terms and conditions and all applicable laws.
1.1 In accordance with the following user terms ('User Terms') and, UKClimbing Limited, its subcontractors, agents, and/or representatives grants you as an authorised user ('Authorised User' or 'you') of UKClimbing Limited Web Site ('Web Site') certain rights (as set out below) and in return you agree to perform certain obligations.
1.2 Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses:
Clause 6 - Your Responsibilities
Clause 7 - Consent to use Your Personal Information
Clause 8 - Limitation of Liability
1.3 If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future.
1.4 The goods and services ("Merchandise") which may be purchased by you from companies other than UKClimbing Limited via third parties and/or third party web sites linked to this Web Site including without limitation co-branded websites are subject to separate terms and conditions between you and the applicable Merchant. You acknowledge that the applicable Merchant (and not UKClimbing Limited) is solely responsible for the legal fulfilment of orders for such Merchandise and for its quality, suitability and fitness for purpose. You also acknowledge that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Web Site or the Merchant's web sites is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that UKClimbing Limited shall have no responsibility, obligations or liability in relation to the Merchandise.
1.5 If you register for any prize competitions, promotions or other give-aways on the Web Site separate Competition Rules, accessed via the Web Site, shall also apply in addition to the remainder of these User Terms.
2. Licence to Use Material on Web Site
2.1 UKClimbing Limited grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('UKClimbing Limited Material') on the basis set out in Clause 2.2.
2.2 You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the UKClimbing Limited Material for your own personal, non-commercial use provided that you do not:
2.2.1 remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined in Clause 3.1 below) in the UKClimbing Limited Material;
2.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the UKClimbing Limited Material;
2.2.3 rent, lease, sub-licence, loan, copy or give or transfer any rights in the UKClimbing Limited Material in any form, to any person or entity without the prior written consent of UKClimbing Limited.
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, UKClimbing Limited, or UKClimbing Limited's suppliers, subcontractors and agents (collectively 'UKClimbing Limited Contractors') (as applicable) shall retain all ownership, title and interest in the intellectual property rights contained in the UKClimbing Limited Material (including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world ('Intellectual Property Rights').
3.2 UKClimbing Limited shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 6.
4. Duration of User Terms and Termination
4.1 These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following:
4.1.1 you breach any of the terms of the licence granted to you in accordance with Clause 2;
4.1.2 UKClimbing Limited terminates these User Terms by notice to you at any time in accordance with Clause 9.2; or
4.1.3 you terminate these User Terms by notice to UKClimbing Limited at any time in accordance with Clause 9.1.
4.2 In the event that these User Terms are terminated for any of the reasons stated above you agree to comply with the following obligations:
4.2.1 the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the UKClimbing Limited Material;
4.2.2 you must delete or destroy any of the UKClimbing Limited Material stored by you in electronic or hard copy form as soon as reasonably practicable; and 4.2.3 you will have no further rights to access or use the Web Site or the Web Site Services.
5. UKClimbing Limited's Responsibilities
5.1 UKClimbing Limited undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.
5.2 UKClimbing Limited makes no representation or warranty that the Web Site or services offered via the Web Site (i.e.forums, site personalisation, etc, but such services do not include any Merchandise made available by Merchants via links to this Web Site, which are subject to the separate Merchant terms and conditions as mentioned in Clause 1.4) ('Web Site Services') will be accessible, or useable by you or error free.
5.3 UKClimbing Limited reserves the right, without notice to you, to remove any UKClimbing Limited Material from the Web Site or to suspend or alter the operation of the Web Site or any Web Site Services, at its sole discretion or for legal or technical reasons. UKClimbing Limited will give you as much notice as possible prior to taking any of the actions described in this Clause 5.3, but prior notice may not always be feasible for a variety of reasons.
6. Your Responsibilities
6.1 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any Web Site Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the Web Site Services using your user name or password.
6.2 You agree that you will not use the Web Site or any of the Web Site Services as follows:
6.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
6.2.2 to send or distribute multiple unsolicited e-mails or messages ('Spam') or to cause any other person annoyance, inconvenience or worry; and
6.2.3 for any purposes connected to any business, including sending any unsolicited advertisements or promotional material.
6.3 You agree to indemnify UKClimbing Limited against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or Web Site Services in contravention of Clauses 6.1 and 6.2, further in these circumstances, UKClimbing Limited shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by UKClimbing Limited forthwith, without notice to you.
7.1 If you register for any competitions offered via this Web Site, the competition rules set out in this Clause 7, together with any other specific entry instructions or rules posted on this Web Site by UKClimbing Limited, and these User Terms (together the "Competition Rules"), shall apply.
7.2 All competitions, promotions, prizes or other give-aways offered by UKClimbing Limited from this Web Site ("Competitions") are only open to individuals who are registered on the Web Site who are aged 18 or over except for employees (and their families) of any UKClimbing Limited Group Company or anyone else connected with the Competitions ("Entrant(s)").
7.3 Notwithstanding Clause 7.2 above, entrants under the age of 18 must obtain parental permission to enter any Competitions on the Web Site. UKClimbing Limited reserves the right to refuse to provide any prize to a winner who is under the age of 18 where UKClimbing Limited cannot legally provide such Competitions' prizes to such winners under the age of 18.
7.4 Notwithstanding Clause 7.2, all Entrants must register for the relevant Competitions by giving their correct e-mail address. By registering for the relevant Competitions, you acknowledge that you have read and agree to the provisions contained in the Competition Rules.
7.6 By registering for any Competitions, agree to the use of your name and photographs for publicity material in any UKClimbing Limited publications in any media, including allowing your name to be published on the Web Site if you are a prize winner.
7.7 Unless specifically stated, no purchase is necessary to enter any competitions on the Web Site.
7.8 Prizes are as stated in the Competitions' details on the Web Site.
7.9 UKClimbing Limited will not offer cash alternatives in whole or in part for any prizes offered.
7.10 An Entrant may only win one prize per Competition. Entries to any competitions are limited to one per household.
7.11 All entries to competitions hosted by UKClimbing Limited become the absolute property of UKClimbing Limited and will not be returned to Entrants unless otherwise stated by UKClimbing Limited on the Web Site.
7.12 Fraudulent, illegible, multiple or incorrectly completed entries will be disqualified and no responsibility can be accepted by UKClimbing Limited for any delayed, lost or misplaced entries. Proof of winners' eligibility to enter the prize draw may be required.
7.13 Prizes are allocated randomly from correct entries received unless otherwise stated in the Competition Rules on the Web Site. The Judge's decision is final and no correspondence will be entered into.
7.14 UKClimbing Limited reserves the right without notice to you, to remove any Competitions from the Web Site or to suspend or alter any Competitions on the Web Site, at its sole discretion for legal or technical reasons. UKClimbing Limited will give Entrants as much notice as possible prior to taking any of the actions described in this clause by posting such notice to the Web Site, but prior notice may not always be feasible for a variety of reasons.
7.15 Competitions are run subject to English law. UKClimbing Limited makes no representation that the Competitions comply with the law of any other country other than the United Kingdom or that any prizes offered in Competitions are appropriate for use, or are legally able to be offered, in the country where Entrants reside. Those who choose to enter any Competitions on the Web Site are solely responsible for compliance with local laws and regulations if and to the extent they are applicable. If an Entrant has not checked and established that it can lawfully enter any Competitions on the Web Site, then UKClimbing Limited shall not be liable to the Entrant for any loss or damage caused by the Entrant's failure to carry out such checks.
7.16 UKClimbing Limited reserves the right to refuse to provide prizes offered in any competitions where it is illegal for UKClimbing Limited to provide such prizes to Entrants in the country where such Entrants reside. In these circumstances, UKClimbing Limited may, at its sole discretion, make an equivalent prize or a cash alternative available to the winner.
7.17 Each Entrant agrees that, by entering into any Competitions on the Web Site, it waives any rights it has which are capable of being waived under the Entrant's local law which relate to Competitions.
7.18 UKClimbing Limited shall not be liable for any sales taxes, VAT, customs or import duties or other taxes which may be imposed on Entrants by any relevant taxing authority in respect of prizes won in any Competitions on the Web Site. The Entrant is responsible for any such taxes.
7.19 Any time of delivery is an estimate only in respect of the delivery to an Entrant of any prize in any Competitions and UKClimbing Limited shall not be liable for any late delivery of the prizes or any loss or damage caused as a result.
7.20 Winners will be notified by e-mail after the closing date given for the Competitions on the Web Site, when UKClimbing Limited will give you details of how and when to claim your prize.
7.21 Although every effort will be made to supply the prizes stated, UKClimbing Limited cannot guarantee that the particular prizes will be available and an equivalent prize may therefore be offered by UKClimbing Limited in such cases
7.22 No responsibility can be accepted by UKClimbing Limited for the quality and/or suitability of any prizes provided by third parties.
8. Consent to Use Your Personal Information
8.1 For the purposes of the Data Protection Act 1998, you acknowledge that in the course of registering and using this Web Site and the Web Site Services, certain personal information or data about you will be captured electronically or otherwise and transmitted to UKClimbing Limited. By accepting these User Terms, you expressly agree to transfer such personal information or data to UKClimbing Limited, store and process the personal information for the purposes of providing the services offered on this Web Site, or any other UKClimbing Limited Web Sites.
8.2 For the purposes of the Data Protection Act 1998, you further agree that UKClimbing Limited involved in the provision of the services offered via this Web Site, may send your personal data outside of the European Economic Area for processing.
8.3 You may revoke the consents given above in Clauses 8.1 and 8.2 by giving notice to UKClimbing Limited in accordance with Clause 10.1, but in those circumstances you must exit the Web Site and will have no further rights to access the Web Site or use the Web Site Services.
9. Limitation of Liability
9.1 The UKClimbing.com website makes no attempt to offer instruction of any kind, and you should not assume that information you read is an adequate substitute for instruction or experience. UKClimbing Limited does not recognise any liability for injury or damage caused to, or by, climbers, third parties, or property arising from such persons seeking reliance on this information as an assurance for their own safety.
9.2 UKClimbing Limited does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of UKClimbing Limited, its employees, or UKClimbing Limited Contractors, and the remainder of this Clause 9 shall not apply to such liability.
9.3 To the extent that UKClimbing Limited is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this Web Site or the Web Site Services, UKClimbing Limited's entire liability shall be limited to £1,000 for any one incident or series of related incidents and up to £2,000 for all incidents in any period of 12 months.
9.4 UKClimbing Limited shall not be liable to you in contract, tort, negligence (other than fraudulent or negligent misrepresentations) or otherwise for:
9.4.1 any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings);
9.4.2 any loss of goodwill or reputation;
9.4.3 any loss of data; or
9.4.4 any special, indirect or consequential loss.
9.5 The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
9.6 The Web Site may contain links to third party web sites which are controlled and operated by parties other than UKClimbing Limited. The links will let you leave the Web Site and UKClimbing Limited is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link on the Web Site does not imply endorsement by UKClimbing Limited of the linked site. If you decide to access linked third party web sites, you do so at your own risk.
10.1 You may send a legal notice to UKClimbing Limited, or any questions you may have concerning these User Terms by e-mail using this form, or by writing to us at 91 Western Road, Sheffield, S10 1LB. Such notices will be effective within 3 days of receipt by UKClimbing Limited.
10.2 UKClimbing Limited may send you notice by general notice on this Web Site, by e-mail to your e-mail address on record with UKClimbing Limited, or by post to the geographical address on record with UKClimbing Limited. Such notice will be effective if sent by e-mail or posted on the Web Site, 1 day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by UKClimbing Limited.
11.1 These User Terms form the entire agreement between you and UKClimbing Limited and supersede any other oral or written communications, agreements or representations with respect to your use of this Web Site and Web Site Services.
11.2 UKClimbing Limited reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Web Site. UKClimbing Limited will provide notice of the changes to the User Terms for 30 days after posting the amended User Terms on the Web Site. Your continued use of the Web Site or the Web Site Services following UKClimbing Limited's posting of such changes will be regarded by UKClimbing Limited as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use the Web Site in the future.
11.3 Nothing in these User Terms affects your statutory rights as a consumer.
11.4 If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.
11.5 You acknowledge that UKClimbing Limited has entered into these User Terms for its own benefit and these User Terms are intended to be enforceable by each UKClimbing Limited by virtue of the Contracts (Rights of Third Parties) Act 1999.
11.6 Subject to Clause 11.5, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
11.7 If UKClimbing Limited is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of UKClimbing Limited, UKClimbing Limited will not have any liability for that failure to perform.
11.8 Your use of the Internet is solely at your risk and subject to all applicable laws, and UKClimbing Limited has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
11.9 Unless otherwise specified on this Web Site, the UKClimbing Limited Materials available on this Web Site are directed solely at those who access the Web Site from the United Kingdom. UKClimbing Limited makes no representation that any UKClimbing Limited Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Web Site and the Web Site Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
11.10 UKClimbing and Rockfax are registered trademarks. The use or misuse of these trademarks, or any other content on this site, except as provided in these terms and conditions or in this site content, is strictly prohibited.
11.11 These User Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts.