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Website Terms and Conditions of Use

A Our Terms

1 These Terms explain how you may use this website (the Site).

2 References in these Terms to the Site includes the following websites and all associated subdomains and web pages:

https://fishingassociation.co.uk

3 You should read these Terms carefully before using the Site.

4 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

5 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

6 If you have any questions about the Site, please contact us by:

e-mail: stevedorks@fishingassociation.co.uk, or

telephone: +44 (0)1933623643

7 Calls will be answered at the following times:

Mon – Fri | 9am – 5pm

8 We may record calls for quality and training purposes.

9 Definitions

Content

means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

Terms

means these terms and conditions of use as updated from time to time;

Intellectual property rights

means rights such as copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world);

Unwanted Submission

has the meaning given to it in the section entitled “submitting information to the site”;

Privacy policy

means the policy (https://fishingassociation.co.uk/privacy/), which governs how we process any personal data collected from you;

Site

has the meaning given to it in clause 1.1;

We, us or our

means Fishing Assocaition office of which is at:

26a Hill Street

Raunds

Northants

NN9 6NN

References to us in these Terms also includes any group companies which we may have from time to time.

You or your

means the person accessing or using the Site or its Content.

10 Your use of the Site means that you must also comply (where applicable) with:

our Online terms and conditions of sale

our Privacy policy

11 We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

B Using the Site

1 The Site is for your personal and non-exclusive use only. As long as you comply with these Terms of Use Fishing Association grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

2 You may not use any “page-scraper”, “robot”, “spider”, “deep-link” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, copy, acquire, or monitor any part of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

3 You may not attempt to gain unauthorized access to any part or feature of the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the services offered on or through the Site, by password “mining”, hacking or any other illegitimate means.

4 You may not scan, probe or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

5 You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

6 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site.

7 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

8 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

9 You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or those of others.

10 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

11 You agree that you are solely responsible for:

(i) all costs and expenses you may incur in relation to your use of the Site; and

(ii) keeping your password and any other account details confidential.

12 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at stevedorks@fishingassociation.co.uk.

13 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

C Ownership, use and intellectual property rights

1 This Site and all intellectual property rights in it, including but not limited to any Content, are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to lawfully access the Site as intended and authorized by us. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

D Submitting information to the Site

1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us. We therefore cannot guarantee that it will be kept confidential. For that reason, you should not submit any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions) to the Site. While we value your feedback, you agree not to submit any Unwanted Submissions.

2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

E Accuracy of information and availability of the Site

1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot guarantee that it will be. Furthermore, we cannot guarantee that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

2 We may suspend or terminate operation of the Site at any time as we see fit.

3 You may have certain legal rights when using the Site (such as if the Online terms and conditions for the supply of goods apply to you). These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015. A summary of your key rights is set out at the beginning of the Online terms and conditions of sale.

4 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

5 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

F Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

G Limitation on our liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses. This exclusion shall include, but not be limited to:

(a) losses that:

  1. were not foreseeable to you and us when these Terms were formed; or
  2. that were not caused by any breach on our part

(b) business losses; and

(c) losses to non-consumers.

H Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

I Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

J Disputes

1 We will try to resolve any disputes with you quickly and efficiently.

2 If you are unhappy with us please contact us as soon as possible.

3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:

(a) let you know that we cannot settle the dispute with you; and

(b) give you certain legally required information about our alternative dispute resolution provider which is run by Centre Citizens Advice at:

338 Uxbridge Road, LONDON, W12 7LL

You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr/.consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.

4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.

5 Relevant United Kingdom law will apply to these Terms.

Fishing Association Competitions Terms and Conditions

These Terms and Conditions apply to all competitors taking part in any of our competitions without exception.

The Fishing Association Limited
Company registered in the UK, registered number 13524114.
Registered office: 23 Cottingham Way, Thrapston, Kettering, Northants, NN14 4PL
(“Fishing Association”)

Background

Definitions and Interpretations

  • Competitions: the Competitions detailed below in the Competition Date and Venue.
  • Competition Date: Any date on which a Fishing Association event occurs.
  • Competition Venue: Any venue hosting a Fishing Association event.
  • Competition Schedule: The information and timing for the competition, which must be adhered to by all participating competitors.
  • Competition Rules: In the case of fishing events, the standard fishery bait and match rules for the competition venue in use.
  • Competitors: Those people who have been advised by the Fishing Association that they are Competitors (“you” or “Your”).
  • Fishing Association Limited: Fishing Association (“Us”, “Ours” or “Our”).
  • Prize: The prize or prizes offered and won by any winners or Competitors in any of our events.
  • Prize Winner: Any competitor who is announced as a prize Winner of a Prize under the rules of our Competitions.

Interpretation

  1. Unless the context otherwise requires:
    1. Competition means the Competition in the definitions and no other.
    2. The Headings in this Agreement are included solely for reference purposes and have no legal meaning.

Prizes

  1. Any winnings/prizes for our competitions will be deemed as overdue if they are not totally settled/delivered within 30 days after the completion of the month in which the winnings/prize/event was won, under normal circumstances.

Competition Rules and Competitor and Prize Winners Obligations

  1. All Finalists and Prize Winners shall be subject to these Terms and Conditions.
  2. On the day of certain specified Competitions, if the Fishing Association is not in receipt of a signed copy of these Terms and Conditions, they reserve the absolute right to disqualify, without notice, that competitor or Prize Winner without further reference. Any waiver of this clause will be subject to the written agreement of the Fishing Association and any competitor or Prize Winners full and unconditional acceptance of these Terms and Conditions in writing.
  3. The Fishing Association reserves the right to disqualify any competitor and/or Prize Winner in its absolute discretion for any reason and without notice in accordance with the Competition rules.
  4. The competitors grant the Fishing Association and any third parties appointed by the Fishing Association for the purpose of organising and/or managing the Competition and any Competition Sponsor(s) permission to use their name and likeness for the purpose of organising and/or managing the Competition, for announcing the winner of the Competition and for any related promotional purposes for this and any other Fishing Association events.
  5. All competitors grant the Fishing Association and any Competition sponsor(s) the right to use their personal information to send you information about their respective products and services which may be of interest to you. You may unsubscribe at any time.
  6. Any competitor waives any moral rights or similar rights they may have in their Competition entry whether such rights arise pursuant to the Copyright, Designs and Patent Act 1988 (the “Act”) or equivalent legislation anywhere in the world. This includes any publicity or press releases issued by the Fishing Association, any Competition Sponsor or associated third party with the express written permission of the Fishing Association.
  7. The name(s) of the competitors and any Prize Winner(s) and details of the winning catch will be sent to anyone who requests the same within six (6) months of the closing date of the Competition. Requests should be sent to the postal or email address for competition entries and, if postal, should be accompanied by an SAE.
  8. If you are a competitor and/or a Prize Winner of the Competition:
    1. No competitor or Prize Winner or associated person shall:
    2. Cause by the publication or utterance by themselves or on their behalf any libel, slander, defamation, mis-statement, untrue statement(s) or alleged untrue statement(s) or make any claims or derogatory remarks in the press, social media or any or public or private medium or platform.
    3. Any competitor shall indemnify, to the fullest extent possible in law, the Fishing Association against any damages caused, including but not limited to, direct, indirect, loss of anticipated revenue, savings, or profit, or other economic loss, by such libelous, slanderous, defamatory, untrue statement or alleged untrue statement or any mis-statements fully, including any reasonable legal costs.
    4. Any competitor or Prize Winner agrees to be interviewed on the day of the Competition and at a later time, within six months of the Competition, in respect of the Competition on behalf of any associated press who the Fishing Association shall agree to.
    5. You acknowledge and agree that any delivery of any prize to you is conditional upon you complying with all and any laws, rules and regulations including without limitation, the Competition Rules and the delivery of the prize to you will be at your own risk.
    6. You acknowledge and agree that neither the Fishing Association or any Competition Sponsor(s) or any of their employees, agents or subcontractors shall have any liability to you whatsoever in connection with your participation in the competition, or possession of your prize, provided that nothing in these Competition Rules shall exclude or limit the liability of any Party for personal injury or deathly caused by negligence or anything else which cannot be excluded by law.
    7. Unless otherwise stated, the Fishing Association is the Promoter of the Competition.

Warranties and Liabilities

  1. The Fishing Association shall not be liable, under any circumstances, for any loss, damage, expense, delay, loss of profit or liability suffered or incurred by any angler or Prize Winner arising from or in any way connected to their participation, or in any way connected with their activities during or after the Competition or by any reason arising out any difficulties of your equipment, of Your lack of skills, qualifications, experience, integrity, suitability or otherwise by reason of any act, omission, delay, default, whether willful, reckless, negligent or otherwise on Your part.
  2. You warrant that you shall indemnify Us against all and any claims, demands, actions, proceedings, and liabilities of Yours or any other third party in connection with Your participation in the Competition as a Finalist or Prize Winner. You warrant that You are under no restriction to enter into this Competition either by way of breach of contract, breach of any agreement or any undertaking of a court order. You warrant that You have not made any misrepresentation to Us in respect of Your entry information and details.
  3. The Fishing Association does not accept any liability for loss or damage howsoever caused, under any circumstances, to any competitors own equipment or personal belongings. It is recommended that all equipment and personnel items are always kept in a safe place or with the competitor.

Entire Agreement

  1. This Agreement together with any and all Schedules shall constitute and represent the entire Agreement between the Parties.
  2. The provisions of this Agreement shall supersede any other prior agreement or any other oral or written contracts or commitments or prior understandings with respect to the subject matter of this Agreement. This Agreement may only be amended by a written Agreement of both of the parties.
  3. If any provision of this Agreement is declared illegal or unenforceable, the provision will become void, leaving the remainder of this Agreement in full force and effect.

Dispute Resolution

  1. You and Us agree and acknowledge that any dispute, claim or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof, (collectively “Disputes”) shall be submitted to arbitration.
  2. If the Parties do not agree upon an arbitrator, either Party may request a nomination from the Chair of the Arbitration.
  3. You and Us agree and acknowledge that should any dispute arise that an appointment of an officer from The Centre for Effective Dispute Resolution (CEDR) will be made and his/her recommendation will be adopted.
  4. You and Us agree and acknowledge that each Party retains the right to seek injunctive or other equitable relief in a Court of competent jurisdiction to prevent the actual or threatened infringement of any of these Terms and Conditions.
  5. You acknowledge and agree that You and Us are each waiving the right to a trial by jury or to participate as a plaintiff or class expert in any purported class action or representative proceedings.
  6. It is agreed and acknowledged unless both You and Us otherwise agree in writing, the arbitrator may consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceedings.
  7. If this specific paragraph is held un-enforceable, then the entirety of this “Dispute Resolution,” clause will be deemed void.
  8. Except as provided in clause 7.4, this “Dispute Resolution,” section will survive any termination of these Terms.

Severance

  1. In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid, or unenforceable that/those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.

Law and Jurisdiction

  1. This Agreement and the terms contained within it shall be governed by and construed in accordance with the laws of England and Wales.
  2. The Parties hereby acknowledge and agree that they will submit to the exclusive jurisdiction of the Courts of England and Wales.
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