TERMS OF USE
These
Terms of Use (together with the documents referred to in it) sets out the terms
on which you, the visitor, (“you” or “your”) may make use of our, Berkhamsted
Schools Group (“us”, “our”, or “we”) website Knox - Johnston Clubright,
whether as a guest or a registered user. Use of our website includes accessing,
browsing, or registering to use our website.
Your use of our website constitutes your acceptance of these Terms of Use, in
consideration of our provision to you of our website. If you do not agree to
these Terms of Use, you must not use our website.
Other applicable terms
These Terms of Use refer to the following additional terms, which also apply to
your use of our website:
- our Privacy Notice which sets out the terms
on which we process any personal data we collect from you, or that you
provide to us. By using our website, you consent to such processing and
you warrant that all data provided by you is accurate; and
- our Cookie Policy which sets out information
about the cookies used by us on our website.
About us
This website is operated by Berkhamsted Schools Group, a charity
registered under charity number 310630 and whose registered office
at 6 Chesham Road, Berkhamsted, Herts, HP4 3AA.
You are able to contact us in relation to our website at kjsc@berkhamsted.com,
or write to us at the above address, FAO: The Manager.
Changes to these terms
We reserve the right to revise these Terms of Use at any time by amending this
page. We shall reasonably attempt to notify you of any changes to these Terms
of Use at the time of your first visit to our website following such changes
being made, but in any event recommend that you check this page regularly. Any
changes made shall have immediate effect upon being posted to this website, and
your continuing use of our website constitutes your acceptance of such amended
Terms of Use.
Changes to our website
We may update our website and/or change the content at any time. However, we do
not guarantee that our website, or any content on it, will be free from errors
or omissions. Any of the content on our website may be out of date at any given
time, and we are under no obligation to update it.
Accessing our website
Our website is made available free of charge.
We do not guarantee that our website, or any content on it, will always be
available or be uninterrupted. Access to our website is permitted on a
temporary basis. We may suspend, withdraw, discontinue, and/or change all or
any part of our website without notice. We will not be liable to you if for any
reason our website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have
access to our website. You are also responsible for ensuring that all persons
who access our website through your internet connection are aware of these
Terms of Use and other applicable terms and conditions, and that they comply
with them (note, in particular, the section entitled “Children Under 12 Years
of Age” in these Terms of Use).
Your account and password
If you use a login email address and choose a password as part of our security
procedures, you must treat such information as confidential and must not
disclose it to any third party.
We have the right to disable any email address or password, whether chosen by
you or allocated by us, at any time, if in our reasonable opinion you have
failed to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than you knows your login password,
you must promptly notify us at kjsc@berkhamsted.com.
Children under 12 years of age
Children under 12 years of age may only obtain a profile on our website and use
password-restricted areas with express parental consent. Any information
obtained about children under 12 years of age shall be obtained, retained, and
used in accordance with the terms of the Privacy Notice and Cookie Notice and such child shall be subject
to these Terms of Use (as with any user of our website).
If you do not consent to your child using our website, you must ensure that
your child ceases all use of our website immediately.
Intellectual property rights
This website and all content, including any software, code, designs, graphics,
and/or other materials contained on or pertaining to this website are owned by
or licensed to us and are protected by copyright, trade marks, patents, and/or
other proprietary or intellectual property rights and/or laws (the “IP”). All
of our rights pertaining to our IP (including any moral authorship or
otherwise) are reserved. You are not permitted to use any of our IP except for
as provided in these Terms of Use (or as otherwise specified on this
website).
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 within
your organisation to content posted on our website. You must not modify the
paper or digital copies of any materials you have printed off or downloaded in
any way, and you must not use any illustrations, photographs, video or audio
sequences, and/or any graphics provided on our website separately from any
accompanying text.
Our status (and that of any identified contributors) as the authors of content
on our website must always be acknowledged, and you must not remove any
copyright or trade mark notices from any copies of the content of this website
without our prior written consent. You must not use any part of the content on
our website for commercial purposes without obtaining a licence to do so from
us or our licensors (as applicable).
If you print off, copy or download any part of our website in breach of these
Terms of Use, your right to use our website will cease immediately and you
must, at our option, return or destroy any copies of the materials you have
made. You are responsible at all times for complying with these Terms of Use
and any applicable intellectual property laws which apply to our website.
No reliance on information
The content on our website is provided for general information only. It is not
intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our website,
we make no representations, warranties or guarantees, whether express or
implied, that the content on our website is accurate, complete, or
up-to-date.
Limitation of liability
Nothing in these Terms of Use excludes or limits our liability for:
- death or personal injury
arising from our negligence;
- fraud or fraudulent
misrepresentation; or
- any other liability that
cannot be excluded or limited by applicable law.
To the extent permitted by law, we exclude all conditions, warranties,
representations, and/or other terms which may apply to our website or any
content on it, whether express or implied (including any warranties with
respect to availability, merchantability, fitness for a particular purpose, or
otherwise).
We will not be liable to any user or any other person for any loss or damage
(including any direct, indirect, incidental, and/or consequential losses),
whether in contract, tort (including negligence), breach of statutory duty, or
otherwise, arising under or in connection with the:
- use of, or inability to use,
our website (or any part of our website); and/or
- use of or reliance on any
content displayed on our website,
whether
or not we have been advised of the possibility of such claims and/or losses in
advance, and even if such claim or loss is foreseeable.
We only provide our website for domestic and private use, and you agree not to
use our website for any commercial or business purposes without obtaining our
prior written consent.
We will not be liable for any loss or damage caused by a virus, distributed
denial-of-service (DDOS) attack, or other technologically harmful material that
may infect or otherwise affect your computer equipment, computer programs,
data, and/or other proprietary material due to your use of our website or to
your accessing or downloading of any content on our website, or on any website
linked to it.
We assume no responsibility for the content of websites linked on our website.
Such links should not be interpreted as endorsement by us of those linked
websites. We will not be liable for any loss or damage that may arise from your
use of them.
We shall not be liable to you for any breach of these Terms of Use or any
failure or delay in providing to you our services through this website.
Uploading content to our website
Any content you upload to our website will be considered non-confidential and
non-proprietary, and we have the right to use, copy, distribute, and/or
disclose to third parties any such content for any purpose. We also have the
right to disclose your identity to any third party who is claiming that any
content posted or uploaded by you to our website constitutes a violation of
their intellectual property rights, or of their right to privacy.
You shall ensure that: (i) any content which you upload to, or post on, our
website shall not be illegal, defamatory, or offensive; and (ii) that you have
at the time of posting and shall maintain all relevant proprietary and intellectual
property rights in the content which you are uploading or posting. You shall
additionally ensure that you comply with our forum rules, as may be posted on
our website from time to time, at all times when posting or uploading content
to our website.
We will not be responsible, or liable to any third party, for the content or
accuracy of any content posted by you or any other user of our website. We have
the right to remove any posting you make on our website for any reason,
including where, in our opinion, your post is obscene, offensive, and/or
infringes on third party intellectual property rights.
The views expressed by other users on our website do not represent our views or
values.
Viruses
We do not guarantee that our website will be secure or free from bugs or
viruses. You are responsible for configuring your information technology,
computer programmes and platform in order to access our website. You should use
your own, up-to-date virus protection software.
You must not misuse our website by knowingly introducing viruses, trojans,
worms, logic bombs, and/or other material which is malicious or technologically
harmful. You must not attempt to gain unauthorised access to our website, the
server on which our website is stored, or any server, computer, or database
connected to our website. You must not attack our website via a
denial-of-service (DOS) attack or a distributed denial-of service (DDOS)
attack. By breaching this provision, you may commit a criminal offence under
the Computer Misuse Act 1990, and we will report any such breach to the
relevant law enforcement authorities and co-operate with those authorities by
disclosing your identity to them. In the event of such a breach, your right to
use our website will cease immediately.
Linking to our website
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. 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.
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 to our website in any website that is not owned by you. We
reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our website other than that set out
above, please contact us using the details set out in the “About Us” section of
these Terms of Use.
Third party links and resources in our website
Where our website contains links to other Sites 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. The following of any
link to an external website is entirely at your own risk, and we shall not be
liable for the content of such websites (see the “Limitation of Liability”
section of these Terms of Use).
To the extent that this website or any content on this website is published or
hosted by a third party, such third party shall not be responsible for the
accuracy of such.
Severance
In the event that any part of these Terms of Use is held to be invalid,
unlawful, or unenforceable by a competent body, it shall not affect the
validity, legality, or enforceability of any other remaining terms within these
Terms of Use.
Waiver
If we do not enforce any right conferred to us under these Terms of Use, such
non-enforcement shall not constitute a waiver of that right.
Applicable law and Jurisdiction
These Terms of Use (including their formation), your use of this website, and
the contents of this website shall be governed by and construed in accordance
with English law and will be subject to the exclusive jurisdiction of the
Courts of England & Wales.
TERMS & CONDITIONS - GYM MEMBERSHIP
DEFINITIONS
In these
Terms and Conditions:
1. The
Knox-Johnston Sports Centre (the “Sports Centre”) is a building situated at
Kings Road, Berkhamsted, Herts HP4 3BG
and administered and managed by Berkhamsted School Group (“BSG“), a charity formed in
England with Registration No 311056 at 6 Chesham Road, Berkhamsted, Herts HP4 3AA.
2. “Users” shall
mean members, their guests, pay-and-play persons, groups, visiting teams, BS
pupils and BS staff.
3. “Manager” shall
mean the person in day-to-day charge of the Sports Centre.
4. “Month” shall
mean a calendar month
MEMBERSHIP
5. Applications
for membership are made by completing and signing an application form
and sending it to the Manager at the address referred to in Clause 7
below.
6. The Manager reserves the right to withhold
membership and it is granted at the Manager’s
sole discretion.
7. Any issues
regarding membership should be addressed to The Manager, Knox-Johnston Sports
Centre, Kings Road, Berkhamsted, Herts HP4 3BG, whose decision shall be final.
8. All persons
applying to become members agree to comply with these Terms & Conditions.
9. The Manager
reserves the right to add to, delete or otherwise amend from time to time these
Terms and Conditions. Any such alterations
will be communicated to members by post; temporary alterations will be
displayed on the Sports Centre notice board.
10. Members shall abide by the Codes of Conduct and Sports
Centre Rules which are displayed on the Sports Centre notice board.
11. It may be necessary for personal checks to be carried
out on individual applicants wishing to join or during tenure as a member of
the Sports Centre. This is not a formal
part of the application process and you will be informed if such checks are
deemed necessary. These checks may
include Criminal Records Bureau, Police Background & Social Services
checks. Please note that should checks
be made, and results indicate an unsuitable application, the Manager reserves
the right to refuse/cancel membership.
Information obtained will be dealt with in the strictest confidence.
PAYMENT TERMS AND
CANCELLATION
12. Fees are payable in advance by monthly standing orders
or one annual payment each year; prevailing rates will be displayed in the
Sports Centre. Initial joining fees,
where appropriate, must be accompanied by one month’s fee in advance plus
a pro-rata amount for the number of days remaining in the month of
joining. (Pro-rata charges will
represent 1/30th of the monthly charge per day).
13. In the event of membership fees not being received on the due date membership will be deemed to have lapsed. Individuals wishing to continue their membership will be required to re-join the Sports Centre.
14. All payments are
non-refundable unless otherwise provided in these Terms and Conditions.
15. Membership may be cancelled at any time by writing to
the Manager and, in the case of a member who pays on a monthly basis, he or she
shall be required to pay only for the month during which the membership is
cancelled. If a member paying by annual subscription wishes to cancel his/her
membership he/she may reclaim the unused part of the year’s fee, subject to the
deduction of an administration fee of £25.00.
Repayments will be made in respect to the period running from the next
full month to the end of the membership period. All claims must be submitted in
writing to the Manager.
ASSIGNMENT OF RIGHTS
16. Rights of
membership are not transferable. Any member found sharing their membership may
have their membership cancelled without the right to any refund.
FACILITIES AND HOURS
OF OPENING
17. The Sports Centre’s normal hours of operation are
obtainable from reception upon request and will be published in the termly
timetable. Such hours may be lengthened
or shortened at the absolute discretion of the Manager. Prior notice will be given to members wherever
possible.
18. The Sports Centre
will close on Christmas Day and Easter Sunday. Reduced operating hours may apply on
other bank holidays.
19. The Manager reserves the right to close the Sports Centre to carry out emergency maintenance without notice. Members will have no redress or compensation for loss of access if the duration of any one closure does not exceed 48 hours. Compensation will be calculated by a pro- rata payment of membership fees for loss of access or closure exceeding 48 hours.
GUESTS
20. Guests must participate in the same activity as the member. There is a guest fee payable as publicised at reception. Members may bring no more than 3 guests on any one occasion. During very busy sessions in the pool, the Manager reserves the right to refuse access to guests. The total number of guest visits per year per adult member is 24.
LIMITATION
OF LIABILITY
21. The Manager reserves the
right to make reasonable alterations to the facilities provided, without
notice, in his/her absolute discretion and the Sports Centre shall not be
liable for any loss occurred by such alterations.
22. The Manager also reserves the right to
withdraw facilities but will use his or her reasonable endeavours to provide
notice in advance by displaying this on the Sports Centre notice board.
23. It is the member’s responsibility to ensure
that he/she is capable of undergoing the normal routine of exercises provided
by, and within, the programme, class or activity.
24. The Manager reserves the right to decline
access to facilities on grounds of suspected poor health of a member or guest or
their excessive use of the facilities.
25. In the interests
of safety, no glassware, whether bottle, jar or drinking glass may be taken
into the facilities. Furthermore, users
are asked not to bring bags and personal possessions, jewellery or other
valuables into the Sports Centre.
26. The Sports Centre
accepts no responsibility for loss or damage to the property of members or guests
which shall be the responsibility of members or guests.
27. Subject to Clause
28 below adult members are personally liable for themselves, junior members and
guests in relation to any costs arising out of inappropriate use of equipment
or facilities.
28. Nothing in these
Terms and Conditions shall affect the statutory rights of a consumer nor shall
any liability be excluded for death or personal injury caused by the negligence
of the Sports Centre, BS or its employees.
SEVERANCE
29. If any provision
of these Terms and Conditions is, or at any time becomes illegal, invalid or
unenforceable in any respect, the legality, validity and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby.
PARKING
30. All vehicles must
be parked in the parking spaces provided by BS and shall not be driven, or be
taken, onto any other part of the site or BS’s land. No liability for the loss or damage to any
vehicle or its contents is accepted. Members are permitted to traverse the BS site
to gain access from the car park to the Sports Centre. Membership does not permit or grant access to
any other building, facilities or areas of the BS. Members found outside of the permitted areas
may have their membership suspended.
FORCE
MAJEURE
31. Should the Sports Centre be prevented from executing its
obligations by force majeure, such as exceptional weather conditions, flood,
fire, war, industrial action, disruption to mechanical or electrical supplies
or other unforeseen events, and this is unavoidable, the Sports Centre shall
notify members as soon as possible, explaining the reason for its inability to
execute or need to delay the execution of all or part of the contract. In such
circumstances the Sports Centre shall not be deemed to be in breach of this
contract and the conditions of clause 15 above shall not apply. This clause
shall not, however, affect any member’s right to cancel.
GENERAL
32. Members
shall give written notice to the Manager of any change of address or personal
circumstance.
33. Membership cards remain the property of the Sports Centre; the Manager reserves the right to retain any card if there has been a default in payment. The card must be shown and swiped as requested on each visit and only used by the person to
whom it is
issued (abuse will lead to forfeiture).
The card must be carried whilst using the facilities (excluding
swimming).
34. Any
member who loses his/her card can apply for a replacement; a charge of £5.00
will be made.
35. Users
are asked to wear the form of dress and footwear appropriate to the chosen
activity.
36. Alcohol
and smoking are not permitted within the Sports Centre or any of the grounds of
BSG.
37. Any user excluded/suspended shall forfeit all rights to use
the Sports Centre and shall not be entitled to any refund.
A suspended member will be informed of any action to be taken within 7 working days of their suspension and shall have a right to appeal in writing to the Manager. The Manager’s decision shall be final and binding on the member.
JUNIOR MEMBERS (AGE 5-16)
38. An adult must accompany, and be responsible for, all junior members under 8 years of age at all times within the Sports Centre unless attending a supervised/coached activity. When using the swimming pool, there should be no more than 3 junior members with any 1 adult; all children under the age of 8 must be supervised in the swimming pool by a responsible adult on a minimum ratio of 1 adult to 2 children.
39. Junior members under the age of 12 are not permitted to sign in guests.
40. Children over the age of 8 are to use the changing area applicable to them. Adults must on no account enter changing areas of the opposite gender.
41. Children under 16 are not permitted in the Fitness
Suite.
42. By signing and accepting these terms and conditions you agree to the use of your details for marketing purposes by the Sports Centre unless indicated below.
I agree*
/ do not agree* to my details being used for marketing purposes by the Sports
Centre. (* please delete as appropriate).
Signed …………………………………………………………………………………………..
Name
……………………………………………………………………………………………. Date……………………………