TERMS AND CONDITIONS OF USE FOR THE WEBSITE OF MUDSTACLE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
1. WHO ARE WE?
1.1 This website (“Website”) is the website for Mudstacle, a trading name of On and Over Ltd (“OAO”).
1.2 On and Over Ltd is a company incorporated in England and Wales whose registered office is at 22 Willow Drive, TN39 4PX.
2. LEGAL AGREEMENT
2.2 If you do not wish to be bound by the Terms, you should not access or use the Website.
2.3 OAO may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 The Website, and all the information and graphic representations or images on it (“Content”), are owned by, or licensed to OAO. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of OAO or its licensors.
3.2 You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.
3.3 Without OAO’s written consent, you may not use, transfer, copy or reproduce any part of the Content, the website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
3.4 You warrant that it is legal for you to view this site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
4. Using the website
4.1 Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide OAO with any optional information requested.
You agree not to:
4.1.a impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail aOAOess or try to mislead OAO or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
4.1.b modify, access or make available data stored on a computer or device which you have accessed through OAO’s network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
4.1.c make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/aOAOesses) without their prior consent;
4.1.d damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
4.1.e use the Website in any way to send unsolicited (commercial or otherwise) e-mail (e.g. spam) or any material for marketing or publicity purposes, or any similar abuse of either;
4.1.f publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
4.1.g make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful software;
4.1.h falsify the true ownership of software or other material or information contained in a file made available via the Website; or
4.1.i obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
5. NO UNLAWFUL OR PROHIBITED USE
5.1 You undertake to OAO that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.
5.2 You agree to indemnify OAO, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
6. OAO’s USE OF YOUR PERSONAL DETAILS
6.1 Any details that we collect from you via this site or elsewhere are stored securely and will not be passed on to third parties without your express permission.
6.2 If Mudstacle Members enter into Mudstacle League events, their name, points tally and age bracket may be published on this website, unless they request otherwise (via email@example.com).
7. LIABILITY DISCLAIMER
7.1 You agree that you use the Website entirely at your own risk.
7.2 In preparing the Website, OAO has endeavoured to offer current, correct and clearly expressed information. However, OAO cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.
7.3 OAO makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on the Website for any purpose. OAO expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose.
7.4 The Website may contain advertisements. OAO is not responsible for and does not endorse the content of such advertisements, and does not accept any responsibility for any errors or inaccuracies in such advertising material.
7.5 OAO shall not be liable for any damages whatever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of the Website, the provision of or failure to provide services, or for any information obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, or otherwise, without limitation, even if OAO has been advised of the possibility of damage.
7.6 If you are dissatisfied with any portion of the Website, or with any of the Terms, your sole remedy, except as specifically provided in these Terms, is to stop using the Website.
7.7 OAO reserves the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
7.8 Events listed on this Website, even those in the Mudstacle League, are not organised by OAO. OAO shall not be liable for any incidents relating to or happening at events.
7.9 The exercise programs and fitness advice found on the Mudstacle (a trading name of On and Over Ltd) website are for information and entertainment purposes only, and they are not a recommendation or endorsement of a specific exercise program or fitness advice by Mudstacle. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Mudstacle from any and all claims or causes of action, known or unknown, including for those arising out of Mudstacle’s negligence and/or from exercise programs or fitness advice found on this website. Before beginning these or any other exercise programs you shall consult with your doctor. You should not rely on any information on this website to replace consultations with qualified health care professionals to meet your individual medical needs.
8.1 OAO reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.
9. VIRUS PROTECTION AND COMPATIBILITY
9.1 While certain precautions have been taken to detect computer viruses and ensure security, OAO can not guarantee that the Website is virus-free and secure.
9.2 OAO shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. OAO does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
10. LINKS TO THIRD PARTY SITES
10.1 The Website may contain links to websites operated by parties other than OAO (“Third Party Websites”). These links are provided for your convenience. When you activate one of them, you will leave the Website. OAO has no control over, and will accept no responsibility for or liability in respect of, material on any website that is not under its control.
10.2 The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.
10.3 You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage OAO’s 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 OAO’s part where none exists.
11.1 OAO reserves the right to monitor and track your visits to the Website.
12.1 Unless otherwise specified, the Website is directed solely at those who access it from the UK. Those who choose to access the Website from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
12.2 A failure or delay by OAO in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
12.3 If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
12.4 These Terms constitute the entire agreement between you and OAO as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.
12.5 The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
12.6 Any and all notices to be given by either you or OAO to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail aOAOessed to you at the e-mail aOAOess you have given to OAO or to OAO at the e-mail aOAOess displayed on the Website.
12.7 English law governs these Terms and you submit to the non-exclusive jurisdiction of the English courts.
12.8 Thank you for visiting the Website at OAO. If you have any concerns about any Content on the Website, please contact info.
Our Contact Details
If you have any questions regarding the OAO, its products or an order that you have placed please contact us by email at firstname.lastname@example.org.
13 ORDERING PRODUCTS AND SERVICES
13.1 All orders are subject to acceptance and product availability. OAO aims to ensure that the pricing of products on the web pages is correct at all times, however, the web pages may not accurately reflect the correct details at the moment at which you place your order. OAO cannot confirm the price of a product until your order is accepted on dispatch and OAO reserves the right to change prices without prior notice.
13.2 Membership commences as soon as payment for it is taken. Please allow up to 28 days for the delivery of any associated products or merchandise orders, from the day that you give all necessary size, colour and delivery details.
13.3 You warrant that the information given on your order form is complete and accurate.
13.4 When you have completed your order you will be sent a confirmation order via email. It will state what the products are, the cost and delivery and invoice details. If your order has been unsuccessful you will be made aware of the reason why and possible explanations.
13.5 All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and OAO will not be liable for any delay or non-delivery. When regular payments are set up, the payee has the opportunity to cancel the next payment at any time, but the membership along with any of its payments will continue until the end of period that has already been paid for. OAO reserve the right to change the price of subsequent payments.
13.6 OAO shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
13.7 Membership cancellations received within 14 days of registration may be eligible to receive a full refund less £10 service fee. Cancellations received after the stated deadline will not be eligible for a refund.
13.8 OAO places great importance on maintaining the security of the information that you provide and for this reason we use advanced Internet security systems to safeguard your data. All data you send through, is encrypted and converted into code before it is securely transmitted over the internet. We do not store credit card details nor do we share customer details with any third parties.
13.9 If your membership includes a free gift, you should receive the gift within 28 days of completing your order. Gifts are subject to availability – an alternative gift may be supplied. If a gift is promoted as limited stock, an alternative may not be supplied. If your gift has not arrived after 28 days, please contact our customer service team on the details above.
14.1 All discounts listed on this website are subject to change and are offered at the discretion of the discounted company, product or service. As standard discounts cannot be used in conjunction with other offers, however some third party companies (event organisers, shops, etc) may be will to stack offers, on request. Discounts do not have any cash value. Discounts are only valid for Mudstacle members. Non-members found to be using the discounts will be charged. OAO shall have no liability if discounts are refused.
15.1 Group insurance is organised by a third party for the benefit of Mudstacle and its members. Full details of the policy can be downloaded from this page.
15.2 Coverage is only validated once you have made payment and fully registered your details.
15.3 Over the term of your membership period Mudstacle’s group policy may be subject to alterations. OAO shall have no liability for any injuries sustained by its members.