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Bishop Auckland FC

TERMS AND CONDITIONS OF YOUR USE OF THIS WEBSITE

GENERAL USE TERMS

1. Terms of Website use

1.1. Bishop Auckland Football Club Limited (“we”, “our” or “us”) operates the www.bishopafc.com website and the ladies.bishopafc.com and the reserves.bishopafc.com 500club.bishopafc.com website (“Website”). Our registered office is Heritage Park, Stadium Way, Bishop Auckland, Co Durham, DL14 9AE and our company registration number is 03373384 and VAT number is GB843181142. The terms “you” and “your” refers to you, as user or viewer of the Website. These terms and conditions of use (“Terms”) apply to your use of the Website and by continuing to use this Website you are confirming that you accept the Terms set out below and the additional usage terms set out in the relevant parts of the Website.1.2

1.2. In the event of any conflict between Part A of these Terms and any other terms and conditions of use of the Website, then in relation to your use of The Website, these Terms shall take precedence and prevail.

2. Changes to these Terms and additional terms

2.1. We may change these Terms from time to time. We will post the updated Terms on the Website, and they will take effect immediately.

2.2. Your ongoing use of the Website after these Terms have changed will be treated as your acceptance of the updated Terms, so you should check these Terms regularly.

2.3. In certain parts of the Website, additional usage terms may apply and these will be drawn to your attention when you register an account and by hypertext links within the relevant part of the Website. You should read these additional usage terms carefully as they will govern your use of the relevant parts of the Website if you proceed to use them. These may be updated in a similar manner as clause 2.1 above and the provisions of clause 2.2 shall also apply to those terms in the same way.

3. Our liability

3.1. The Website is provided on an “as is” basis so whilst we endeavour to ensure the accuracy of the information placed on the Website we do not warrant or guarantee the accuracy or correctness of such information or of any other content, description or material placed on or referred to in the Website. We do not warrant that the Website, its content or the server that makes it available are error or virus free or free of other harmful components or that your use of the Website will be uninterrupted.

3.2. Subject to clause 3.3 below, we shall not be liable to you for:

3.2.1. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of business data suffered by you;

3.2.2. any loss or damage which is not reasonably foreseeable;

3.2.3. any loss or damage which may be incurred by you as a result of:

3.2.3.1. any changes that we make to the Website, or for any permanent or temporary cessation in the provision of the Website or any part of it;

3.2.3.2. the deletion of, corruption of, or failure to store any Submissions (and other data) maintained or transmitted by or through your use of the Website ;

3.2.3.3. the availability of or result through reliance on, any third party websites accessed through hyperlinks in the Website (including goods and services supplied or made available through such third party websites);

3.2.3.4. your failure to provide us with accurate registration information; or

3.2.3.5. your failure to keep your password or Website Account (as defined in clause 7) details secure and confidential, or your inclusion of any personal information within a Submission (as defined in clause 15.1).

3.2.4. The limitations on our liability to you in paragraph 3.2.3 shall apply whether or not we have been advised of the possibility of such losses arising in advance.

3.3. We do not limit or exclude our liability for death or personal injury resulting from our negligence, fraudulent misrepresentation or any other losses which may not be lawfully excluded or limited by law.

3.4. Nothing in these terms shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact your Local Citizens Advice Bureau or refer to the Citizens Advice website (https://www.citizensadvice.org.uk).

4. Your liability

4.1. You agree to refund or otherwise take responsibility for any and all liabilities, costs and expenses, including reasonable legal fees, which we or any of our group companies or personnel may incur as a result of to any breach of these Terms by you, or in connection with the use of the Website or any Submission or other transmission of any message or information on the Website by you from your Website Account.

5. Linking from the Website

5.1. The Website may provide hyperlinks to other websites which are not owned by us, the content of which is not in our control. Accordingly we cannot accept any responsibility for the content, materials (including goods or services) or practices featured on such websites. Links to such websites are not to be taken as our endorsement of them or any content within them or as a warranty that such websites will be free of viruses or other such items of a destructive nature.

5.2. We would advise you to read the terms and conditions and privacy policy of any website that you visit when you leave our website.

6. Use of our Content

6.1. All content which features on the Website which is provided by us or on our behalf including but not limited to the text, photographs, images, graphics, illustrations, sounds, videos, designs, written and other material (together, “Content”) is protected by copyright, trade mark rights and/or other intellectual property rights owned by or licensed to us (“BAFC Content”).

6.2. You are permitted to download, print or copy any BAFC Content from the Website, provided that you:

6.2.1. do so only for your personal, non-commercial use;

6.2.2. acknowledge us as the source of the material; and

6.2.3. do not use the BAFC Content in any other manner.

6.3. You must apply to us using our online contact form for the appropriate consent and conditions to use the BAFC Content for any use other than as set out in clause 6.2.

6.4. We reserve any other uses of, and rights in, the BAFC Content so you must ask our prior permission for these as set out above. We will not always be able to give our consent.

6.5. For certain BAFC Content, or where our suppliers have required us to do so, separate and/or additional usage terms may apply and these will be marked on the relevant part of the Website.

6.6. You must not, nor try to, make mass, automated or systematic extractions of the BAFC Content, or use it to create or include it within another paper or electronic database, or try to re-sell or re-distribute it. We reserve the right to prohibit or restrict the way in which other sites link to or frame or re-present any of the BAFC Content.

7. Registration for a Website Account

7.1. Whilst enjoyment of some of our Website does not require registration and can be accessed as a casual visitor, there are areas where access and/or the ability to interact with other users on the Website requires completion of a simple registration process in order to obtain a username and password necessary to access these areas.

7.2. We will open an account for you when you complete your registration for the Website (the “Website Account”). You must provide complete and accurate information about yourself, and notify us to keep this information up to date.

7.3. You need to select a password to access your Website Account. You agree not to reveal your password to other users as your Website Account is at risk if you let someone use it inappropriately.

7.4. It may be necessary for us to refuse some registration applications for example to prevent fraudulent use of the Website.

7.5. Maintaining the security and integrity of the Website is necessary to enable all our users to use it safely and effectively. You agree:

7.5.1. not to abuse the access or registration process; and

7.5.2. to take responsibility for any improper or illegal use of your Website Account (including illegal or improper use by a third party who has used your password to access your Website Account) and repay to us with any costs and/or losses that we suffer as a result.

8. Closing your Website Account

8.1 These Terms shall continue to apply to your use of the Website generally, however you may decide to close your Website Account. You may do so by notifying us at any time by sending an email stating such to us through our online contact form

9. Termination of your Website Account

We may at any time, terminate your Website Account if:

9.1. you have breached any provision of these Terms or any other additional usage terms on this Website (or acted in such a manner which indicates that you cannot or do not intend to comply with these Terms or any other additional usage terms on this Website);

9.2. we decide to no longer provide an area on the Website for users to interact and/or access the BAFC Content (which could be for commercial reasons);

9.3. we are required to do so by law;

9.4. despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or

9.5. we no longer want to offer this service to you.

10. Terms held to be invalid or unenforceable

10.1. If any provision of these Terms is held to be invalid or unenforceable by a court of law with jurisdiction to decide on this matter, then such provision shall be removed from these Terms without affecting the rest of these Terms, and the remaining provisions shall continue to be valid and enforceable.

11. Waiver of our rights

11.1. A failure by us in exercising our rights or remedies which arise under these Terms shall not be a waiver of that right or remedy, and no waiver by us shall be effective unless provided in writing and signed by us.

12. Governing Law

12.1. These Terms and your access to and use of the Website are subject to:

12.1.1. (if you are a resident in the UK) the relevant UK law, and the relevant UK Courts will have exclusive jurisdiction; or

12.1.2. (if you are not resident in the UK) then English law will apply and the English Courts will have exclusive jurisdiction.

12.2. Notwithstanding clause 11, you agree that we shall still be allowed to apply for injunctive remedies (or other types of temporary relief or legal remedy) in any jurisdiction.

13. Minors

13.1. Protecting the online privacy of children is especially important to us and whilst we provide access to all areas of the Website to users who are aged under 13 years of age, functionality of Website Accounts will be limited so that users who are aged under 13 years of age will not be able to make Submissions, and other areas may be restricted from time to time.

13.2. If we reasonably believe a Website Account is created by, or being used by a user under 13 years of age, we reserve the rights to terminate such Website Account without any warning and remove all Submissions made from it. Whilst we use our reasonable efforts to prevent Submissions by users who are younger than 13 years of age, we are not responsible for users who do not comply with these strict provisions of these Terms and/or lie about their age when registering a Website Account.

14. Use of your Content

14.1. Certain areas of the Website may allow you to supply Content to the Website (each a “Submission”) which can be accessed and viewed by both us and other users.

14.2. By making a Submission, you acknowledge and represent that

14.2.1. you are the copyright owner of such Submission, or you have been granted the express permission of the copyright owner to make the Submission;

14.2.2. you have or have been granted the rights necessary to grant us the licences detailed at clause 15.3 below; and

14.2.3. that each person depicted in any Submission (if any) has provided you with express consent to use the Submission as envisaged in these Terms.

14.3. Notwithstanding any other provision within these Terms, by making a Submission you retain all ownership rights in the Submission, and grant:.

14.3.1. to us, a worldwide, non-exclusive, royalty-free, irrevocable, transferable licence (with rights to sub-license) to reproduce, adapt, translate, reformat, display and/or distribute any such Submission (including, but not limited to, for promoting the Website and/or making the Submission available to other users of the Website) without acknowledging the source; and

14.3.2. to any user of the Website, a worldwide, non-exclusive, royalty-free, irrevocable, licence to access your Submission through the Website, and to use, reproduce, display such Submission to the extent as permitted by the Website functionality and these Terms.

14.4. You understand and acknowledge that no sum (including compensation) will be paid to you with respect to the use of your Submission and that we shall be under no obligation to use all or part of the Submission either on the Website or for any other reason.

14.5. If you do not want to grant us the permission set out above on these Terms, please do not submit or share your contribution as a Submission.

PRIVACY POLICY

Bishop Auckland Football Club is committed to respecting your personal information and will ensure that any data you provide to us either during registration or when purchasing goods or services will be stored securely, treated with confidentiality and processed in accordance with the UK Data Protection Act 1998, or any other relevant consumer legislation that is in place to protect you.

This policy explains how we collect, store and use your personal data when you visit this website and when you transact with us. It also describes the types of data we collect, how we use this data to ensure we provide relevant and timely services to you, and your rights to control our use of that data.

By visiting this website and in providing any data about yourself to us, you are confirming that you have read understood and agree to our policies and consent to us using that information as described. If you are at all uncertain about any aspect of our policies and practices, please contact us using our online contact form and refrain from using this website.

We may update this policy from time to time so please check back here regularly.

WHAT INFORMATION WE COLLECT

If you register on the website to subscribe to our free or paid for services, interact with the site or shop for goods or services using our online purchasing facilities, we may collect information such as your name, age, gender, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. Occasionally we may also collect information on health or disability if it is relevant to ensuring your health and safety for an event or service you have booked with us.

In order to improve the quality of our services and your experience when visiting our website we also monitor your visit and collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (“User Information”). We may collect this information even if you do not register with us.

We are aware that many children will visit bishopafc.com and we would always encourage children under the age of 13 to talk with parents or legal guardians before submitting any personal information to this site or on any associated forums. The club will always endeavour to seek parental consent for any children under the age of 13 entering personal data for competitions and promotions.

All personal information will be held and stored on secure servers used by Bishop Auckland Football Club Limited, Heritage Park, Stadium Way, Bishop Auckland, Co Durham, DL14 9AE.

HOW WE WILL USE YOUR INFORMATION

We will use the information you provide us or that we collect about you for the following purposes:

  1. To provide goods or services
  2. To provide aggregated statistical information for BAFC or relevant third parties that will help improve our website and services to you. (These statistics will not directly identify you)
  3. To serve content and advertisements that we believe will be of interest to you
  4. To administer this website
  5. If you have consented during registration or whilst making a purchase, to send you relevant offers or information on products or services by email, mail, telephone or SMS message.

By agreeing to supply or allowing us to collect the information described above, you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

Any information collected from persons under the age of 18 will not knowingly be used for marketing purposes. Notifications of competition wins or prizes will only be sent to a parent or legal guardian for any person under the age of 18.

As part of offering these services we may at times be required to transfer some of your data to third parties for processing to enable fulfilment of product purchases or provision of services. This will be limited to that which they need to carry out their services and only in the way in which we instruct them as part of a contractual agreement. Your data will never be sold or shared with third parties for the purposes of marketing without seeking prior consent. This would be separate to the consent provided as part of registration to this site.

We use cookies on this site to enable us to personalise your visit and to enable use of our shopping facilities. We may occasionally use them to serve advertising and content that we believe is of interest based on your browsing history. Use of cookies is governed by EU legislation and for further information on what they are and how they are used; please visit our dedicated Cookie Information page at http://www.bishopafc.com/cookie-policy/.

We may occasionally disclose your personal information as part of a legal process, for example, in response to a court order. We also may disclose such information in response to a law enforcement agency’s request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, non-compliance with of our Terms, or as otherwise permitted or required by law and consistent with legal requirements.

HOW WE WILL KEEP YOUR INFORMATION SECURE

Keeping your information secure is very important to us. Your data will be held within the European Union and all reasonable measures to protect and safeguard your data in accordance with applicable data protection law will be taken. Please note that we cannot guarantee that any data transmission over the internet is completely secure.

To help us provide you with information relating to products and services that we think you will be interested in your data may occasionally be processed and held by third parties outside the European Economic Area (EU). If this is the case we will put in place appropriate safeguards to ensure your data is secure and protected in accordance with applicable data protection law.
Please be aware that all open interactive areas (such as Messages Board, comments etc) are accessible to all users and their contents effectively available in the public domain. Think carefully about the contents of your submissions and if you choose to make a submission containing your personal information you do so at your own risk.

Protecting the online privacy of children is especially important. If we reasonably believe a user of interactive area to be under 13 years of age, we may need to remove any personal details gathered from such a user and, where possible, all submissions.

YOUR RIGHTS

You have the right to request that we don’t send marketing material to you and this can be done by ensuring the correct consent boxes are ticked at the time of registration or making a purchase.

You can also change personal information and amend your consent using the ‘My BAFC’ facilities when you are signed in to our website or shopping areas.

We also provide the opportunity to unsubscribe or amend your marketing preferences when we send you a marketing email. Please note that if you do unsubscribe or withdraw your consent we will be unable to keep you informed on issues that may be of interest to you such as ticketing availability.

At any time you can make a formal request to provide a copy of any information we hold about you. This should be done in writing (see How do I contact Bishop Auckland Football Club for our contact information). We may charge a small fee up to the maximum allowable amount of £10. Please visit our help pages for any further information or use Contact Us to submit questions to the help team about our policies.