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Terms and conditions

Registered users terms and conditions

These terms and conditions apply to Registered Users (defined below) of the SKI CLUB OF GREAT BRITAIN (Registered in England No. 4312167) (‘SKI CLUB OF GREAT BRITAIN’) using the SKI CLUB OF GREAT BRITAIN’s Website (defined below).
1. DEFINITIONS

1.1 Confidential Information means any information that is proprietary or confidential which is expressly identified as such by the Party making the disclosure.

1.2 Parties means the SKI CLUB OF GREAT BRITAIN and the Registered User.

1.3 Registered User means you who have duly completed the free Registered User registration process and who have successfully created an Account and Password.

1.4 Registered User Services means the User’s services defined in Clause 2.1 which are accessible by a Registered User from the Website.

1.5 Website means www.skiclub.co.uk or such variations to the name of the aforesaid domain name.

1.6 The authority to access the User’s Services commences upon the relevant Username and Password being successfully created by the User and ends if these terms and conditions are terminated under Clause 7.

2. REGISTRATION

2.1 In order to upload content and/or access certain sections on the Website (‘Registered User Services’), you will need to register as a Registered User of the SKI CLUB OF GREAT BRITAIN on the Website.

2.2 Upon duly completing the relevant registration process by entering a first name, surname, email address and password - you will be registered as a Registered User of the SKI CLUB OF GREAT BRITAIN (which is free of charge).

2.3 A verification of this process will be emailed to you.

2.4 The authority to access the Registered User’s Services commences upon the details being successfully entered by you and ends if terminated pursuant to Clause 7.

2.5 You are solely responsible for the security of your Username and Password and must not disclose your Username and/or Password to anyone. You must inform the SKI CLUB OF GREAT BRITAIN immediately if your Username and/or Password have been compromised. In such a case, the SKI CLUB OF GREAT BRITAIN will reset your Password for you. In this regard, please contact the SKI CLUB OF GREAT BRITAIN at members@skiclub.co.uk, +44 (0)208 410 2000.

3. REGISTERED USER’S OBLIGATIONS

3.1 Subject to Clause, you shall not:

3.1.1 makes available your Username and Password and/or any part of the Registered User Services available to anyone. Where such disclosure of Username and/or Password occurs, you shall inform the SKI CLUB OF GREAT BRITAIN immediately so that the SKI CLUB OF GREAT BRITAIN can take appropriate security measures. In addition, if you wish to unregister yourself as a Registered User, you agree to inform the SKI CLUB OF GREAT BRITAIN of the same so that the SKI CLUB OF GREAT BRITAIN can update the system;

3.1.2 create more than one Register User account at any one time; and/or

3.1.3 use the relevant Registered User Services and/or information extracted or downloaded for any illegal, fraudulent or immoral purposes.

3.2 You agree to shall notify the SKI CLUB OF GREAT BRITAIN immediately of any errors or inaccuracies in respect of any information and/or data extracted from any section of the Website which forms part of the Registered User Services. In this regard, you shall contact the SKI CLUB OF GREAT BRITAIN by emailing the SKI CLUB OF GREAT BRITAIN at members@skiclub.co.uk, +44 (0)208 410 2000.

3.3 You acknowledge that the SKI CLUB OF GREAT BRITAIN and the SKI CLUB OF GREAT BRITAIN’s licensors own all intellectual property rights on the Website.

3.4. You agree to receive timely emails from the SKI CLUB OF GREAT BRITAIN. These will include but are not limited to mailings from the SKI CLUB OF GREAT BRITAIN and carefully selected SKI CLUB partners.  To unsubscribe from these mailings you shall contact the SKI CLUB OF GREAT BRITAIN by emailing the SKI CLUB OF GREAT BRITAIN at members@skiclub.co.uk, +44 (0)208 410 2000 or change your preferences by following this link https://www.skiclub.co.uk/skiclub/user/profile/communications.aspx

4. THE SKI CLUB OF GREAT BRITAIN’S OBLIGATIONS

4.1 The SKI CLUB OF GREAT BRITAIN warrants that to the best of its knowledge, the Registered User Services will not infringe any patents, designs or copyright of any third party. In the event you are aware and/or have reasonable suspicion that the Registered User Services may infringe the intellectual property of any third parties, you agree:

4.1.1 to notify the SKI CLUB OF GREAT BRITAIN as soon as it is practicable of any such claim being made;

4.1.2 that the SKI CLUB OF GREAT BRITAIN shall be entitled at its expense to conduct any litigation that may ensue and negotiations for settlement of such claim; and

4.1.3 that you shall give the SKI CLUB OF GREAT BRITAIN all information and assistance reasonably necessary (at the SKI CLUB OF GREAT BRITAIN’s expense) to defend or settle such claim and you shall not compromise or settle such claim.

4.2 The SKI CLUB OF GREAT BRITAIN reserves the right to update and/or make changes to the Registered User Services from time to time at its sole discretion.

5. CONFIDENTIALITY

5.1 Each Party may be given access to Confidential Information from the other Party in order to perform its obligations under these terms and conditions. A Party's Confidential Information shall not be deemed to include information that:

5.1.1 is or becomes publicly known other than through any act or omission of the receiving Party;

5.1.2 was in the other Party's lawful possession before the disclosure;

5.1.3 is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;

5.1.4 is independently developed by the receiving Party, which independent development can be shown by written evidence;

or

5.1.5 is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

5.2 Each Party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than those contemplated under this Agreement.

5.3 Each Party shall use reasonable endeavours to ensure that the other's Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this Agreement.

6. EXCLUSION AND LIMITATION OF LIABILITY

6.1 The SKI CLUB OF GREAT BRITAIN gives you no warranty or assurance, except as set out in Clause 4 above. You acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.

6.2 This Clause 6 sets out the SKI CLUB OF GREAT BRITAIN’s entire financial liability (including any liability for the acts or omissions of SKI CLUB OF GREAT BRITAIN’s employees, agents and sub-contractors) to you in respect of any breach of these terms and conditions, any use made by you of the Registered Users Services; and any representation, statement or tortuous act or omission (whether negligent or otherwise) arising under or in connection with these terms and conditions.

6.3 Subject to Clause 6.4, except as expressly and specifically provided in these terms and conditions, the SKI CLUB OF GREAT BRITAIN excludes all liability for any loss or damage including consequential loss, loss of business, loss of good will, loss of data, waste of management time, loss of opportunity arising from the Registered User Services.
6.4 Notwithstanding any provisions in this Agreement, the SKI CLUB OF GREAT BRITAIN does not exclude liability for death or personal injury which is due to the SKI CLUB OF GREAT BRITAIN’s negligence, fraud and/or fraudulent misrepresentation.

6.5 Subject to Clauses 6.3 and 6.4 and any other applicable, trading terms of the SKI CLUB OF GREAT BRITAIN, the SKI CLUB OF GREAT BRITAIN’s maximum liability for any loss arising from the SKI CLUB OF GREAT BRITAIN’s breach of these terms and conditions and/or the Registered User or negligence shall be limited to £100.

7. TERMINATION

7.1 These terms and conditions may be terminated by the SKI CLUB OF GREAT BRITAIN if you are in material breach of any of these terms and conditions and if the breach is not remedied within the period of 14 working days after written notice of it has been given.

7.2 You may terminate these terms and conditions at any time by giving the SKI CLUB OF GREAT BRITAIN 7 days prior written notice by contacting the SKI CLUB OF GREAT BRITAIN at members@skiclub.co.uk, +44 (0)208 410 2000.

7.3 On termination of this these terms and conditions for any reason, you will no longer be able to use any of the Registered User Services.

7.4 The termination of these terms and conditions shall not affect or prejudice the accrued rights of the Parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.

8. PRIVACY AND PERSONAL INFORMATION

8.1 The SKI CLUB OF GREAT BRITAIN is committed to ensuring that your privacy is protected and that the SKI CLUB OF GREAT BRITAIN is compliant with the Data Protection Act 1998. For information on the SKI CLUB OF GREAT BRITAIN’s data protection practices, please read the SKI CLUB OF GREAT BRITAIN’s privacy policy found at http://www.skiclub.co.uk/skiclub/privacy/policy.aspx  (‘Privacy Policy’).

8.2 You agree to the use of your data by the SKI CLUB OF GREAT BRITAIN which is in accordance with the Privacy Policy.

9. GENERAL PROVISIONS

9.1 These terms and conditions are not intended to benefit anyone other than the Parties to it and, in particular, no provisions of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.

9.2 If any provision (or part of a provision) of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

9.3 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it provisions are deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.

9.4 These terms and conditions shall be governed under English law and the Parties submit to the non-exclusive jurisdiction of the English courts.

10. SKIING OR SNOWBOARDING WITH SKI CLUB LEADERS

Any non-menber wishing to ski/snowboard with a Ski Club Leader, in any of the resorts where the Ski Club is represented, agrees to do so under the following conditions:

10.1 You appreciate that the Ski Club Leader is a volunteer with no formal qualifications as an instructor or mountain guide.

10.2 You also appreciate that the Ski Club Leader undertakes no obligations to you concerning your safety for which you remain solely responsible.

10.3 You must ensure that your equipment is in good working order before setting off for the day and that you are suitably clothed for the proposed itinerary and all possible weather conditions.  You must decide whether or not a particular run or route is within your competence.

10.4 It is your sole responsibility to ensure that you are suitably insured for the activities intended to be undertaken.

Temporary Members will be required to sign an agreement containing all the above four clauses before taking part in the day's activities.