Upton-upon-Severn RFC

Upton Upon Severn Rugby Football Club Website Terms and Conditions

Upton Upon Severn Rugby Football Club Website Terms and Conditions

By using our website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our website. The terms ‘you’, ‘your’ and ‘user’ refer to any individual and/or business accessing this website for any reason. References to ‘we’, ‘us’, ‘our’ and ‘Upton RFC’ are references to Upton Upon Severn Rugby Football Club.

Intellectual property rights

Upton RFC is the owner or the licensee of all intellectual property rights in our website, and in the material published on it.  This is protected by copyright law. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others to material posted on our website.

Upton RFC and any other identified contributors must always be acknowledged as the authors of material on our website.

You must not use in whole or in part any materials on our website for purposes other than your private, personal use without obtaining permission to do so from Upton RFC.

Reliance on information posted in our website is not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.

Privacy

We respect your privacy, for details of our privacy policy and how we manage your personal data please see our Privacy Policy.

Website changes

We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the materials on our website may be out of date at any given time, and we are under no obligation to update such materials. Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period.

 Our liability

The materials displayed on our website are provided without any guarantees, conditions or warranties as to their accuracy.

Linking to our website

If you wish to link to our website please request permission in writing by emailing [email protected]

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.

 Links from our website

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Club Membership Terms and Conditions

Cancellation / Refund Policy

If you wish to cancel your membership please email: Steve Avery [email protected] within 3 weeks of signing up for a full refund. After the three week period, the refund will be at the discretion of the Upton Rugby Club Committee

Terms and conditions of membership

Application for membership/ membership renewal confirms that you agree with and comply with the following:

  • You have no outstanding obligations to any other club and are not subject to any disciplinary action.
  • You, and any other persons named in your application, agree to abide by the Rules and Regulations of Upton RFC as posted in the Clubhouse and on our website.
  • You, and any other persons named in your application, understand that the Club and its servants and agents are not under any obligation whatsoever for loss of property, accidents or injuries, of or to members or their guests, however caused, while at Upton RFC or at any other ground for any purpose.
  • You note that the Club holds basic accident insurance cover in respect of all playing members. Details of cover held are available from the Secretary.
  • You understand that Senior playing members are advised by the Management Committee, that more comprehensive insurance cover e.g. for loss of earnings, is at their own discretion and is their own responsibility.

When completing a membership application on behalf of a member who is 17 or younger

  • You consent to the photographing/videoing and publication of images under the RFU’s Child Protection and Best Practice guidelines and you confirm that you are legally entitled to give this consent.
  • You confirm that the persons named in the application are not subject to a current Court Order.
  • You confirm that if you use a form of photographic or digital imaging equipment during a game, tournament or festival organised or run by Upton RFU Junior section, including the use of video camera equipment you will do so abide by RFU guidelines and confirm that the photographs or recorded images will only be used appropriately and as directed by the RFU.
  • If you have any queries in this regard you will contact Safeguarding Officer [email protected]

 

Goods and items

Upton RFC branded goods and items may be purchased at the club at Banwell Park and via our online shop, or via our third party supplier. 

Online Payments Terms and Conditions

From time to time Upton RFC may have a range of products available to purchase subject to the following conditions. If you visit or enquire from our website, you accept these conditions. If you pay subscriptions online, you also access these conditions. Please read them carefully. Throughout these Terms and Conditions the term we refers in all instances to Upton RFC.

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

Contract

A Sales Contract is made only upon these terms and conditions. No additional, or alternative, terms or conditions will apply to a sales contract unless, between us, or if we agree otherwise in writing. We reserve the right to cancel a sales contract at any.

Specification of Goods

All descriptions and other details provided in relation to goods are subject to confirmation by us and may be changed without notice. Any sizes are approximate to fit sizes and are given as general guidance only. Colours, shades, materials and sizes of goods may vary to some extent from those illustrated. We will rely upon your orders being correct in entering into a sales contract and reserve the right to refuse to take back goods, which are ordered in error or are no longer required. Bespoke goods are non-returnable.

 Prices and Payment

The price for the goods (including membership subscriptions) shall be the price or prices specified by us in any relevant quotation tender or estimate. Unless we expressly state otherwise in writing, all prices are exclusive carriage postage. You are to pay the agreed contract price plus carriage postage on completion of placing your order. Payment is to be made in full in pounds sterling in cash or in cleared funds or online via Stripe (Secure card payment Gateway). We only used trusted payment handlers to secure both parties.

Delivery and/or Collection

Delivery of the goods will be deemed to have taken place:-

  • Upon you collecting them from our premises, which you must do within a reasonable time after we notify you that the goods are ready for collection (if the goods are to be collected by you). Convenient collection times will be arranged.
  • Immediately upon us delivering the goods to any agreed or usual place for delivery (if we are to deliver the goods)
  • Immediately upon us posting them (if we are to deliver them by post).
  • You must accept delivery of all goods which are in good condition and which are as ordered.
  • Unless we agree otherwise in writing, all delivery dates are estimated dates, which we will use reasonable endeavours to achieve. We may deliver the goods to you in advance of any agreed or estimated delivery dates if we give you reasonable prior notice of early delivery.
  • If you fail to take delivery of the goods or to give us sufficient instructions to enable us to deliver them, then we may:-
      • store the goods at your risk until actual delivery and charge you for the additional costs which we may incur as a result of your failure or
      • request that you make your own arrangements for collection

If we deliver the wrong or damaged, goods to you then you are to notify us within forty-eight hours of delivery giving us full details of the damaged or incorrect goods. We will accept returns of such damaged or incorrect goods notified to us in writing within the relevant time period and will give you replacement goods. Replacements claimed outside the relevant time period will be at our discretion. We may decide to collect the damaged or incorrect goods from your premises. All personalised or bespoke items are not returnable unless faulty. Non-personalised stock may be returned and may incur a restocking fee. Returns will not be accepted if they have been worn/used even if they are incorrect.

You are to notify us in writing of non-delivery of part of a consignment within five working days of the delivery of the remainder of the consignment and of non-delivery of the whole of a consignment within five working days of the date upon which delivery was scheduled to take place. If you notify us of non-delivery within the stated time limits then we will give you the option of a credit or a further delivery of the missing goods. If you do not notify us within the stated time limits then we shall not be liable to you for non-delivery.

Risk and Property Insurance

All risk in the goods (including their loss or destruction) will pass to you:-

  • immediately upon the date when delivery takes place (or would have taken place but for your act or default)
  • immediately upon the goods leaving our premises (if we are to deliver them to a third party at your request)
  • immediately upon the goods having been posted (if we are to deliver the goods by post) The property in and title to the goods will not pass to you until we have received payment in full of all amounts due to us in respect of the goods and of all amounts due in respect of other goods previously delivery and invoiced to you.

Cancellation

The time of the order being accepted and processed is when initial payment is made in full payment, at this point you have agreed to receiving and paying full payment for your order. If you wish to cancel your order at any point after this the works carried out will be calculated and a settlement figure will be worked out. Bespoke orders can only be cancelled prior to them being ordered by manufacturers.

Warranties and Conditions

We undertake that the goods will, in all material respects, comply with any general description, which we may have submitted to you, will be of satisfactory quality and reasonably fit for the purpose for which they were manufactured subject to normal usage.

Exclusion/limitation of our liability to you

Our liability to you is limited to the invoice value of the goods which fail to comply with the express undertaking given above. You agree that, in return for the undertakings given, all warranties representations guarantees conditions and other terms, which would be implied into a sales contract by law, are excluded. We will not be deemed to be in breach of this sales contract if we are unable to comply with our contractual obligations because of any event or circumstance which is in any way wholly or primarily beyond our control or not due to our act or default and in any such event or circumstance we will be entitled to extend the time for complying with our obligations under a sales contract by a reasonable time and (if we are still not able to comply with our obligations after such reasonable extension) either of us may thereafter terminate the sales contract in question by written notice to the other. We will not be liable to you for loss of profits or of a market or for any type of special indirect or consequential loss.

Intellectual Property Rights

All copyrights trademarks patents and other industrial or intellectual property rights which may arise as a result of, or be displayed or incorporated in, any written or printed material or any brochure which we may produce either our property or that of third parties and is not to be reproduced used or exploited in any manner whatsoever. You will indemnify us from and against all costs claims and liabilities, which we may suffer, incur as a result of your using reproducing or exploiting any such industrial or intellectual property rights without the consent of the proprietor.

General Matters

A sales contract shall be governed by the Laws of England and shall be subject to the exclusive jurisdiction of English Courts of Law. A working day is any day from Monday to Friday except for Good Friday, Easter Monday, Christmas Day and any statutory bank or public holiday. We both agree that these terms and conditions strike a reasonable balance between our respective interests. If any of these terms and conditions shall be invalid or unenforceable for any reason then that shall not affect the validity of the remainder of these terms and conditions which will remain in full force and effect but as if any such invalid or unenforceable terms or condition had never formed part of it.

Upton RFC shall grant, at their discretion, the facility of a credit account on receiving two satisfactory trade references and a bank reference. We will also consider, where appropriate, occasionally searching your record at credit reference agencies.

Electronic Communications

When you visit Upton RFC or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations are the property of Upton RFC or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on this site is the exclusive property of Upton RFC, with copyright authorship for this collection by Upton RFC, and protected by U.K. and international copyright laws.

Licence and Site Access

Upton RFC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Upton RFC. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Upton RFC. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Upton RFC and our associates without express written consent. You may not use any meta tags or any other “:hidden text”: utilising Upton RFC name or trademarks without the express written consent of Upton RFC. Any unauthorised use terminates the permission or license granted by Upton RFC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Upton RFC so long as the link does not portray Upton RFC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Upton RFC logo or other proprietary graphic or trademark as part of the link without express written permission.

Risk of Loss

All items purchased from Upton RFC are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

Upton RFC and its associates attempt to be as accurate as possible. However, Upton RFC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Upton RFC itself is not as described, your sole remedy is to return it in unused condition.

To the full extent permissible by applicable UK law, Upton RFC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, Upton RFC does not warrant that this site, its servers or email sent from Upton RFC are free of viruses of other harmful components, Upton RFC will not be able for any damages of any kind arising from the use of this site including, but not limited to direct, indirect, incidental, punitive and consequential damages.

Applicable Law

By visiting Upton RFC, you agree that the laws of United Kingdom, without regard to principles of conflict of laws, will govern these Terms and Conditions of use and any dispute of any sort that might arise between you and Upton RFC or its associates.

Disputes

Any dispute relating in any way to your visit to Upton RFC or to products you purchase through Upton RFC shall be submitted to confidential arbitration in United Kingdom, except that, to the extent you have in any manner violated or threatened to violate Upton RFC’s intellectual property rights, Upton RFC may seek injunctive or other appropriate relief in court in the United Kingdom, and you consent to exclusive jurisdiction and venue in such courts. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification and Severability

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Upton RFC. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Any Questions:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the bottom menu. 

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website. 

Contacts

If you have any concerns about material which appears on our website, please contact Upton RFC Communications Officer [email protected].

For customer service please contact Upton RFC via the contact form on our website.

Privacy & Cookies

Privacy Policy

This Policy applies as between you, the User of this Website and this Upton RFC the owner and provider of this Website. This Policy applies to our use of any and all Data collected by us in relation to your use of the Website.

  1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings: 

“Data”means collectively all information that you submit to the Upton RFC via the Website.  This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998;

“Cookie” means a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website.  Details of the cookies used by this Website are set out in Clause 10;

“Upton RFC” means the owner and or administrator of this website which is a Rugby Football Union (RFU) affiliated club, Upton Upon Severn Rugby Club;

“UK and EU Cookie Law” means the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;

“User” means any third party that accesses the Website and is not employed by an Upton RFC and acting in the course of their employment; and

“Website” means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions.

1.Scope of this Policy

This Policy applies only to the actions of Upton RFC and Users with respect to this Website.  It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

2.Data Collected

Without limitation, any of the following Data may be collected by this Website from time to time:

  • name;
  • date of birth;
  • gender;
  • contact information such as email addresses and telephone numbers;
  • demographic information such as post code, preferences and interests;
  • financial information such as bank account or credit / debit card numbers;
  • IP address (automatically collected);
  • web browser type and version (automatically collected);
  • operating system (automatically collected);
  • a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected)

3. Our Use of Data

    • Any personal Data you submit may be retained by the Upton RFC.
    • Unless we are obliged or permitted by law to do so, and subject to Clause 5, your Data will not be disclosed to third parties. This does not include our affiliates including the RFU.
    • All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see Clause 9 below.
    • Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
      • internal record keeping;
      • improvement of our products / services;
      • transmission by email of promotional materials that may be of interest to you;
      •  

4. Third Party Websites and Services

    • Upton RFC may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment processing, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services have access to certain personal Data provided by Users of this Website.
    • Any Data used by such parties is used only to the extent required by them to perform the services that Upton RFC requests. Any use for other purposes is strictly prohibited.  Furthermore, any Data that is processed by third parties shall be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.
    • We will utilise a third party credit card payment processing company to collect payment information, including your credit card number, billing address and phone number. The security of your information is important to us. When you enter sensitive information (such as a credit card number) as part of our service, we encrypt the transmission of that information using industry-standard encryption.
    • With your express permission via the Registration Form, we may share your data with a third party supporter of Upton Rugby Club.

 

5. Links to Other Websites

This Website may, from time to time, provide links to other websites. Upton RFC has no control over such websites and is in no way responsible for the content thereof.  This Policy does not extend to your use of such websites. Users are advised to read the privacy policy or statement of other websites prior to using them.

6. Your Right to Withhold Information

    • You may access certain areas of the Website without providing any Data at all. However, to use all features and functions available on the Website you may be required to submit certain Data.
    • You may restrict your internet browser’s use of Cookies. For more information see Clause 10.

7. Accessing your own Data

You have the right to ask for a copy of any of your personal Data held by Upton RFC (where such data is held) you should contact the Upton RFC as a small fee may be payable.

8. Security

    • Data security is of great importance to Upton RFC and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website.

9. Cookies

    • This Website may place and access certain first party Cookies on your computer. First party cookies are those placed directly by Upton RFC via this Website and are used only by Upton RFC. Upton RFC uses Cookies to improve your experience of using the Website and to improve our range of products and services.  Upton RFC has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
    • By using this Website you may receive certain third party Cookies on your computer. Third party cookies are those placed by websites and/or parties other than Upton RFC.  Third party cookies are used on this Website for analytical reporting purposes and are detailed in below.  These cookies are not integral to the services provided by the Website.
    • All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
    • Before Cookies are placed on your computer, subject to sub-Clause 10.5 and sub-Clause 10.8, you will be prompted to request your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Upton RFC to provide the best possible experience and service to you.  You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.
    • Certain features of the Website depend upon Cookies to function. UK and EU Cookie Law deems these Cookies to be “strictly necessary”.  Your consent will not be sought to place these Cookies.  You may still block these cookies by changing your internet browser’s settings as detailed below.
    • This Website uses analytics services provided by Google analytics. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling us to better understand how Users use the Website.  This, in turn, enables us to improve the Website and the products and services offered through it.  You do not have to allow us to use these Cookies, as detailed below, however whilst our use of them does not pose any risk to your privacy or your safe use of the Website, it does enable us to continually improve our Websites.
    • The analytics services used by this Website use Cookies to gather the required information. Certain of these Cookies may be placed immediately when you decide to visit the Website and it may not be possible to obtain your prior consent.  You may remove these Cookies and prevent future use of them by following the steps set out below.
    • The analytics services used by this Website uses, but is not limited to, the following Cookies:

 

  • You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies.  By default, most internet browsers accept Cookies but this can be changed.  For further details, please consult the help menu in your internet browser.
  • You can choose to delete Cookies at any time however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
  • It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

 

10. Changes to this Policy

Upton RFC reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law.  Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations.