We, SBAR Endurance Limited (“we”, “our”, “us”) operate a website at www.letsdothis.com (the “Site”). We also operate, or may in the future operate, Let’s Do This apps for tablet, mobile and other smart devices (“Apps”). We also use social media channels and other platforms. Our Let’s Do This pages and profiles on such channels and platforms, together with the Site and Apps, are our “Channels”. We are registered as a limited company in England and Wales with registration number 10083277 and our registered office is at House of Sport, 190 Great Dover Street, London, SE1 4YB. Our VAT number is 249956839.
Our Channels provide information about sporting endurance events taking place all over the world (“Events”). All Events we provide information about and which are promoted on our Channels are organised by third parties. We do not run Events ourselves. If you organise Events and want to promote them via our Channels please contact [email protected] and we may agree that you can sign up as an “Organiser”.
In you are interested in participating in Events you can register as a Let’s Do This member (“Member”). Members can sign up to Events organised by Event Organisers via our “Registration Service”. You can also sign up to Events as a guest. Members agree that we may send them information about Events which we think may be of interest to them based on the criteria they have selected. We may also provide Members with other facilities, such as maintaining a record of their performances and achievements.
Additional terms and conditions apply to Organisers (“Organiser Terms”). When an organiser of events sign ups as an Organiser we will provide, and the Organiser must agree to, the Organiser Terms. Organisers provide us with, or publish directly onto our Channels, information and content about or relating to their Events (“Event Information”). Organisers are responsible for their Events and all Event Information.
We are committed to ensuring that we provide a great user experience for you when you use our Service so if you have any questions, comments, complaints or even suggestions, please get in touch via e-mail to: [email protected]
ACCEPTANCE OF THESE TERMS
By using any part of our Service you accept and agree to be bound by these Terms. These Terms form a legally binding contract and will govern your use and our provision of the Service. It is important that you read them carefully and make sure you understand them.
We recommend that you review these Terms each time you use the Service and print a copy off for your records.
We do however reserve the right to delete, add to or amend these Terms or any part of these Terms at any time. We would usually do this to reflect any changes to the Services, the technology we use, our licensing arrangement or as required by law.
If we do change these Terms, we will post the changes on this page and will indicate the effective date of the Terms at the top of the page.
USING OUR SERVICES
You must be at least 18 years of age to use our Services.
You acknowledge that we give you access to the Services on a temporary basis but we reserve the right to withdraw or amend them at any time without notice to you. You accept that the Services are available on an “as is” basis.
You are only permitted to use the Services for personal, non-commercial purposes or, if you are an Organiser, in accordance with the Organiser Terms.
You must not:
use, or cause others to use, any automated system or software to extract content or data from our Channels except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity;
interfere with, or disrupt, our Channels or any servers or networks connected to them, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Site or the Apps are rendered or displayed in a user’s browser or device;
access our Channels via any unauthorised means, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
attempt to restrict another user of our Channels from using or enjoying them and you must not encourage or facilitate the breach of these Terms by others;
use our Channels for any illegal or unauthorised purpose; or
change, modify, adapt or alter the Site or the Apps, or change, modify or alter another website or platform so as to inaccurately imply an association with our Channels or with us.
UPLOADING YOUR CONTENT TO OUR CHANNELS
On certain parts of our Channels, Members may be able to submit materials or information for publication on our Channels (for example for use in their profile or as feedback on an Event (“Your Content”)). You must ensure that Your Content meets the guidelines in clause 6 below.
Your Content may be moderated by us either before or after it is uploaded. We may remove or refuse to upload any of Your Content which does not in our sole discretion comply with the guidelines in clause 6.
ACCEPTABLE CONTENT GUIDELINES
Your Content must be true, accurate and not misleading.
Your Content must not breach any third party rights anywhere in the world. We appreciate that you may not be an expert in rights, but by way of example:
Your Content must not contain any other identifiable brands or logos; and
Your Content must not include music unless you have written the music yourself or have a licence from the person who wrote and recorded the music.
You must have the express consent of any individual featured in Your Content to their image and/or voice being used in accordance with the permission you grant to us below. If you do not have their consent, Your Content must not feature that individual.
Your Content must not:
contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;
be illegal or infringe the rights of any third party, in any country in the world; and
contain any representations on behalf of any third party and must make clear when it is an expression of your opinion.
By uploading Your Content to our Channels, you hereby grant us, together with users of our Channels an irrevocable non-exclusive licence (which is unlimited in time) to view and use Your Content without restriction, including by way of example for commercial purposes.
We make no guarantee that Your Content will be kept on our Channels for any length of time, and we reserve the right to remove Your Content as we see fit. You are urged to keep back up copies of any of Your Content submitted to us. Our Channels should not be used as your primary method to store or curate copies of your information, images, videos or text, as Your Content may be removed permanently from our Channels at any time, and we may not keep copies of Your Content.
For the avoidance of doubt, our Channels which are not owned by us (including social media platforms which we use) (“Third Party Platforms”) will have other terms which apply to Your Content. You are responsible for familiarising yourself with and accepting the terms of any such Third Party Platforms.
AVAILABILITY OF THE SERVICE
You acknowledge that we cannot guarantee that our Service will:
stay the same (as we might change our Service or remove for example the Events we advertise);
be compatible with all or any hardware or software which you may use;
be available all the time or at any specific time; or
be error-free or free of viruses, electronic bugs, trojan horses or other harmful components and you must take your own precautions against such risks accordingly.
You also acknowledge that:
we cannot guarantee the speed or security of our Channels; and
we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Channels to the fullest extent permissible by law.
SIGNING-UP FOR AN ACCOUNT WITH US
If you would like to receive communications from us or register for an Event, you will need to register an account with us and become a Member.
When registering for an account, you promise that:
you are at least 18 years of age;
you have provided us with accurate and truthful information during the registration process; and
you are using our Services for private non-commercial purposes.
To create an account with us you can choose to link an existing account you have with any number of third parties including Strava, Google or facebook. If you don’t have an existing account with one of these third parties you can register for an account by providing us with certain personal information and creating a username and password.
You are responsible for maintaining the confidentiality of your username and password. You agree that we are entitled to assume that any person logging into our Channels or using our Service using your username and password is either you or someone doing so with your permission.
If you believe someone has accessed your account or used our Services using your username and password without your authorisation, you must inform us immediately so that we can suspend your account and you must set up a new account.
When registering an account, we will ask you to select certain options indicating your preferences with regards to certain Events. We will then use this information to send you (with your consent) communications which we think are most relevant for you. You can change your preferences at any time by adjusting the preference settings on your account.
REGISTRATION SERVICE Event Registration Process
If you decide to use our Registration Service, the following provisions of this clause 9 will also apply.
If you would like to use our Registration Service, you will need to login using your account details and password or sign in as a guest and go to an Event sign up page. This will enable you to start the event registration process (“Event Registration Process”). As part of the Event Registration Process, we shall collect from you certain registration information that is required by the Event Organiser or where the Event Organiser uses a third party booking agent (“Ticket Seller”), the relevant Ticket Seller. Such information may include name, address, contact details, date of birth, gender, previous performance information, and details of any health issues (“Registration Information”).
To the extent you have already provided us with Registration Information for a previous Event, we may use the Registration Information you have already provided unless you indicate otherwise during the Event Registration Process.
During the Event Registration Process you may be offered products and/or services related to the Event which are provided by the Organiser or third parties with whom the Organiser has a relationship, such as car parking, spectator tickets or Event merchandise (“Additional Products”).
On the Event sign up page you will find Event Information provided by the relevant Event Organiser. This Event Information will include any applicable Event terms and conditions, the Ticket Seller terms and conditions, terms relating to any Additional Products, waivers and/or other documentation or terms that you are required to accept in order to participate in the relevant Event and/or purchase Additional Products which you have selected (“Event Terms”). We recommend that you read these Event Terms very carefully as they will govern your participation in the Event and contain important information such as the Organiser’s and your rights of cancellation and your right to a refund in relation to the Event and any Additional Products you select. They will also likely contain important exclusions and limitations on the Organiser’s or Ticket Seller’s liability in respect of the Event and may in certain circumstances require you to waive certain rights you may have.
For some Events you may be permitted to sign-up friends, family, colleagues or other persons from who you have authority to sign up to the Event and/or buy Additional Products for (“Other Participants”). If you sign up Other Participants for an Event using the Event Registration Process you are confirming that:
you have authority from all Other Participants to sign them up to the Event and to provide their Registration Information;
you have authority from any Other Participants who you are buying Additional Products for;
you have provided all Other Participants with the Event Terms and they accept the Event Terms;
all Other Participants agree that we, the Event Organiser and any Ticket Seller may contact them in relation to the Event and/or Additional Products, and in accordance with the Event Terms; and
you will take responsibility for all Other Participants’ compliance with the Event Terms.
Your “Order” shall consist of all registrations you submit to us (whether for you and/or any Other Participants) and/or any Additional Products that you select during the Event Registration Process.
You acknowledge and agree that once you have provided the relevant Registration Information and indicated your agreement to the relevant Event Terms, we may act on your behalf as your agent to submit your Order to the Event Organiser or Ticket Seller (as applicable). Accordingly you hereby authorise us, acting on your behalf, to submit your Order. This includes authorising us to do the following on your behalf:
submit the relevant Registration Information (for you and any Other Participants) to the Event Organiser or Ticket Seller as applicable;
submit an order for any Additional Products you have selected;
accept the Event Terms; and
liaise directly with the Event Organiser in respect of the Event.
During the Event Registration Process, we shall notify you of the cost of your Order (including any booking fees) (the “Price”).
Payment of the Price via our relevant Channels must be made by one of the payment methods displayed on the Channel at the current time. By submitting your credit or debit card details or, when available, your other payment details such as for Apple Pay or PayPal (your “Payment Method”) you are representing that you are the card holder of the relevant credit or debit card, and/or of the PayPal account, or are expressly authorised to use such credit or debit card or PayPal account.
In order to submit your Order on your behalf, we will require you to pay the full Price directly to us using your selected Payment Method. Before we submit your Order we will either need to take full payment of the Price or obtain an irrevocable pre-authorisation from your Payment Method for the full Price. Once the Event Organiser or their Ticket Seller has confirmed your Order (or any part of it) a binding contract will be formed between you and the Event Organiser and/or their Ticket Seller, as applicable. As we are acting as your agent in relation to the payment of the Price, any refunds owed to you in respect of the Event shall subject to the relevant Event Terms.
You promise that your Registration Information is accurate and up to date and that if any of the Registration Information changes prior to the relevant Event, you will notify us within a reasonable time prior to that Event.
When you signify your agreement to the relevant Event Terms, you are giving an undertaking to us that you will comply with, and will ensure any Other participants comply with, the relevant Event Terms.
Once you have completed the Event Registration Process and we have received the Price from you we will:
submit your Order to the Organiser or Ticket Seller (as applicable) on your behalf; and
send a confirmation of the acceptance of your Order as soon as practicable following the Organiser and/or Ticket Seller’s confirmation to us.
Please note that we are simply acting as a facilitator in respect of the Event and the completion of the Event Registration Process does not provide any guarantee that you or any Other Participants will be able to participate in the relevant Event or that the Additional Products will be supplied. Only when we have submitted your Order and received a confirmation email from the relevant Event Organiser or Ticket Seller that your Order (or any part of your Order) has been accepted will a binding contract be formed between you and the Event Organiser or Ticket Seller as applicable. As soon as practicable after we receive this confirmation email, we shall communicate this to you. If your Order or any part of it is not accepted by the Event Organiser or Ticket Seller (as applicable) we will refund to you the relevant amount of the Price, or, if we have only taken an irrevocable pre-authorisation from your Payment Method, we will cancel the relevant part of the pre-authorisation and only take payment in respect of any elements of your Order which have been accepted.
We provide the Registration Service free of charge to you. However you should be aware that we do receive a commission from the relevant Event Organiser each time we register a participant for an Event and/or submit orders for Additional Products.
Events we don’t have a registration arrangements with
We may promote or refer to some Events for which the relevant organiser has not signed up as an Organiser with us, and for which we cannot therefore offer our Event Registration Service. If you want to sign up for those Events we will direct you to their website. We have no responsibility for these third party websites and clause 15 below applies in relation to them.
PRIVACY AND COOKIES
CONTENT ON THE SITE
Access – Your access to any information, data, images photographs, videos and other content displayed on our Channels (“Channel Content”) is permitted in accordance with, and subject to your compliance with, these Terms.
Restriction on use - You must not:
access Channel Content via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
use, or cause others to use, any automated system or software to extract Channel Content except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity;
use the Channel Content for any illegal or unauthorised purpose.
Intellectual Property in our Site, Apps and the Content - The design of the Site, our Apps all software contained within them, and the Channel Content are all protected by copyright, trade marks, patents and other intellectual property rights and laws. None of the Channel Content may be copied, reproduced, transmitted, stored, sold or distributed without our prior written consent or that of the relevant licensor (where relevant). You may store or print the Channel Content for personal use only.
IF YOU BREACH THESE TERMS
If you are in breach of, or we suspect you are in breach of, these Terms then we may take any/all of the following actions:-
issue a warning to you;
effect an immediate, temporary or permanent withdrawal of your access to your account and/or the Services and if you have submitted an Order
which we have not yet submitted to an Organiser or the relevant Ticket Seller on your behalf, we may refuse to submit the Order;
take legal action against you; and/or
disclose such information to law enforcement authorities as we reasonably feel is necessary.
The responses described above at section 12.1 are not limited and we may take any action we reasonably deem appropriate.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms. We may also at any time, at our sole discretion, discontinue the Services or any part thereof without prior notice and you agree that we will not be liable to you or any third party for any termination of your access to the Service.
If we terminate your access to the Services this should not affect any Order that has been successfully submitted for you prior to our termination and the Event Terms of the relevant Organiser and/or their Ticket Seller will apply to your contract with them in relation to the relevant Event and/or Additional Products.
WARRANTIES AND LIABILITY PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT IMPORTANT INFORMATION CONCERNING OUR LIABILITY TO YOU AND YOUR LIABILITY TO US. Warranties
We will endeavour to provide the Services to you with reasonable care and skill and substantially as described in these Terms.
Other than as set out in these Terms we will provide the Service without any representations and without any warranties of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement compatibility, security and accuracy.
Nothing in these Terms shall have the effect of excluding or limiting our liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).
Nothing in these Terms shall affect your statutory rights as a consumer.
Our liability to you
The information contained on our Channels is for information purposes only and does not constitute advice. You should check any information on our Channels and use your own judgment before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to our Channels or the Channel Content.
We will not be liable under these Terms for any loss or damage caused by us or any of our employees or agents in circumstances where:
there has been no breach of a legal duty of care which is owed by us or any of our employees or agents; and/or
there has been no breach of any of these Terms by us or any of our employees or agents; and/or
the loss or damage is not a reasonably foreseeable result of any breach of these Terms.
You agree you will have no claim against us, in respect of any decision to remove any of our Channels or the Service or any decision to suspend or terminate your access to our Channels or any of them.
You acknowledge that as part of the Service we may recommend certain Events for you. These recommendations are based on the preferences you have selected as part of your account and are not based on your actual level of fitness. You are therefore responsible for determining whether you are able to compete in any Event (whether or not we have recommended it) and we will not be responsible if you compete in an Event which is beyond your capability.
In the absence of any negligence or other breach of duty by us, the use by you of our Channels is entirely at your risk.
No liability for Events
As we are not the organiser of the Events and we have no control over the Event organisation, we will not be liable to you for any injury, damage or loss you suffer as part of you participating in the Event or otherwise in connection with Event (including any breach by the Event Organiser or Ticket Seller of the relevant Event Terms).
Your liability to us
You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of a breach of these Terms or the Event Terms by you or any Other Participant you have submitted a registration on behalf of.
LINKS TO THIRD PARTY WEBSITES
The Service may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites. We recommend you review those website’s terms and conditions and privacy policies to ensure you are happy to use them.
TRANSFER OF RIGHTS AND OBLIGATIONS
You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under it or in connection with these Terms, without our prior written consent.
You agree that we may transfer, assign, charge or otherwise dispose of any rights or obligations arising under it or in connection with these Terms.
If any of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
THIRD PARTY RIGHTS
A person who is not a party to these terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of theseTerms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
These Terms and the use of the Service generally and any dispute or claim arising out of or in connection with them or their subject matteror formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or inconnection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusivejurisdiction of the courts of England and Wales.
All notices given by you to us must be given to House of Sport, 190 Great Dover Street, London, SE1 4YB or via email at [email protected] We will give notice to you via the Site or at either the e-mail or postal address you provide to us when you set upyour account.
Notice will be deemed received and properly served immediately when we post it on the Site, 24 hours after an e-mail is sent, or three daysafter the date of posting a letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that suchletter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by,the specified e-mail address of the addressee.