Sainsbury’s Active Kids for All Inclusive PE Training Website Terms of Use

THIS WEBSITE AND OUR SERVICE IS ONLY DIRECTED TO THOSE AGED 18 YEARS OR OLDER

 

1 About us. 

This website is owned and provided by the English Federation of Disability Sport, in association with Sainsbury’s, Disability Sport Northern Ireland, Disability Sport Wales, Scottish Disability Sport with the support of the British Paralympic Association and the Youth Sport Trust – each referred to in these terms of use as a ‘Programme Partner’. If you need any information or have a complaint about our website or any of our services please contact us by one of the following methods:

Email: [email protected] 

Post: English Federation of Disability Sport, SportPark, 3 Oakwood Drive, Loughborough, Leicestershire, LE11 3QF.

Your privacy, and that of each other person whose information you provide to us, is important to us. Please see the Sainsbury’s Active Kids for All Inclusive PE Training Platform Privacy Policy for details of what personal information is collected and how it will be used and protected. 

2 Registration

Users of this Website are required to register in order to use certain facilities. 

You must not:

Create an account using an automated device, script, bot, spider, crawler, scraper or other similar type of device or create an account through any unauthorised means or create an account on behalf of another person or a school unless you are authorised by them to do so and to bind them to these Terms of Use. 

We are not under any obligation to accept a request for registration and reserve the right to suspend or terminate access at any time if your continued use is believed to prejudice the Sainsbury’s Active Kids for All Inclusive PE Training Programme or any of the Programme Partners or any of their systems or services. By registering to use this Website, you confirm that:  You are doing so on your own account or, if you are registering on behalf of a school or other establishment or individual, that you are authorised by the school / establishment / individual to do so and that that the school / establishment / individual agrees to be bound by these Terms of Use.  The information you provide during the registration process is accurate and complete.  You also agree to update your registration details promptly if they change. All registration information you provide will be kept secure and processed in accordance with the Sainsbury’s Active Kids for All Inclusive PE Training Platform Privacy Policy . 

3 Username and passwords 

During the registration process you may be allocated, or invited to choose, your own username and password which will be unique to you. You are responsible for keeping your username and password confidential and for ensuring that they are not used by any other person. 

4 Programme Partners 

As the lead organisations for disability, sport, young people and education, the Programme Partners each have relationships with other organisations in their country or sector, known as Associate Organisations.

Some of the goods and services available on or through this Website may be provided by those Associate Organisations. Each Associate Organisation has its own terms of business and privacy practices and you should check that you are satisfied with them before you agree to take any of their goods or services. 

5 Commercial Partners.

 

Each of the Programme Partners have business relationships with a number of third parties (Commercial Partners) and some of the goods and services available on or through this website are provided by those third parties. Each Commercial Partner has its own terms of business and privacy practices and you should check that you are satisfied with them before you agree to take any of their goods or services. 

6 Offers, promotions, software and downloads. 

The Programme Partners, Associate Organisations and / or Commercial Partners may occasionally promote their goods or services on the Website or through other direct marketing initiatives or may make software and other materials available for you to purchase or download. Whilst some checks are made of the Associate Organisations and Commercial Partners and we try to encourage them to offer good quality products, services and materials at competitive prices we have no control over them, or give you any assurances about the products or services they offer, or that they will be suitable for your needs. It is your responsibility to satisfy yourself in this regard and we have no liability in connection with the same. 

7 Ownership of materials. 

This Website, the design of it and the materials and software on them, or provided to you through any of them, are protected by copyright, trade mark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to the Sainsbury’s Active Kids for All Inclusive PE Training Website, the Programme Partners and / or third parties.

INFRINGEMENT OF THESE RIGHTS IS A SERIOUS MATTER AND THE OWNER OF THE RIGHTS MAY PURSUE A CLAIM AGAINST YOU IF YOU INFRINGE THEM. 

8 Licence terms. 

You are permitted to display the materials on this Website on a computer screen or other devices such as tablets or smart phones and, save for restricted access documents, to download and print a hard copy for your personal use or for obtaining products or services provided you,

DO NOT:

 

Alter or remove any of the content without our express written permission or change or delete any copyright, trade mark or other proprietary notices. 

You are permitted to establish a link to this Website from other sites provided that, if we believe it would damage the Sainsbury’s Active Kids for All Inclusive PE Training Programme or any of the Programme Partners, Associate Organisations or any Commercial Partner, or might otherwise damage the reputation of any organisation you remove the link immediately if we ask you to do so.

You agree not to:

Copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of any of the Website or the materials or software on any of them or which are provided to you through them, without our prior written consent (which may be given or withheld in our absolute discretion). 

Use the Website or any of the data, materials or software on them, or provided to you through them, for: 

- Any unlawful purpose or in contravention of applicable law 
- Commercial exploitation without our prior written consent 
- Advertising or direct marketing without our prior consent 
- Any unlawful or inappropriate advertising 
- Any purpose or in any manner that may give a false or misleading or negative impression of the Sainsbury’s Active Kids for All Inclusive PE Training Programme, any Programme Partner, our staff or our services or those of any Associate Organisation. 

Use, upload or transmit  - Any material that is defamatory, offensive, obscene, sexually orientated, racist, threatening, intimidating, false, misleading or otherwise unlawful, or which may cause offence or distress or which may affect or infringe the rights of any other person  - Any device, software, file or mechanism which may interfere with the proper operation of this Website or our systems  - Decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through this Website  - Do anything that may interfere with or disrupt this Website or our systems or services  - Impersonate any other person when using the Website or any of our services  - Do anything with any other website, app or service so as to falsely imply an association with the Sainsbury’s Active Kids for All Inclusive PE Training Programme or any of the Programme Partners or  - Encourage or permit others to do any of the above.  IN THE EVENT THAT YOU DO NOT COMPLY WITH THE ABOVE LICENCE TERMS, ANY PERSON AFFECTED BY YOUR ACTIONS MAY BRING A CLAIM AGAINST YOU, SAINSBURY’S ACTIVE KIDS FOR ALL INCLUSIVE PE TRAINING PROGRAMME, ANY PROGRAMME PARTNER, ASSOCIATE ORGANISATION AND / OR ANY COMMERCIAL PARTNER. SAINSBURY’S ACTIVE KIDS FOR ALL INCLUSIVE PE TRAINING PROGRAMME AND ANY OF THE PROGRAMME PARTNERS MAY PURSUE A CLAIM AGAINST YOU FOR ANY LOSSES AND COSTS (INCLUDING LEGAL COSTS) WE SUFFERED AS A RESULT OF YOUR ACTIONS  9 Suitability of materials provided via this Website.  No assurance is given that the materials provided or available to you on or through this Website are suitable for your requirements or that they will be secure, error or virus free and none of the Sainsbury’s Active Kids for All Inclusive PE Training Programme, the Programme Partners or any Associate Organisation will have any liability in respect of those materials.  10 Materials submitted to this Website. You confirm that you own or have sufficient licence rights, permissions and consents to be able to provide to us for use as anticipated by these Terms of Use, all materials (whether data, photographs, images, audio or audio visual material, blog or forum posting or otherwise) that you submit on or to this Website (Submitted Materials). If you operate under a school account, you confirm that any Submitted Materials and your submission of them to us comply with your school’s child protection and data protection policies. Where Submitted Materials include an image of any person who is under the age of 16 (Child), you confirm that you have obtained the consent of that Child’s parent or guardian and for any Child who is aged 12 or over, you have also obtained the Child’s consent. You must not include any personal information about a Child in any Submitted Materials. You confirm that the Submitted Materials are accurate and not misleading. You hereby grant to the Sainsbury’s Active Kids for All Inclusive PE Training Programme and each of the Programme Partners a perpetual, irrevocable, worldwide, non-exclusive, royalty free licence to copy, publish, distribute the Submitted Materials in any media and form anywhere in the world for any purpose with the right to sublicence to Associate Organisations and / or Commercial Partners.  11 Removing Submitted Materials.  If you delete any of your Submitted Materials using the functionality provided by us, you acknowledge and accept that it may not be made immediately unavailable and may not be removed from our back-ups or archives.  12 Availability.  Access to this Website is provided as is and as available and, unless a fee is charged for using a particular service, free of charge. None of the Sainsbury’s Active Kids for All Inclusive PE Training Programme, the Programme Partners or any Associate Organisation make any guarantee that this Website will be uninterrupted or error free. The Sainsbury’s Active Kids for All Inclusive PE Training Programme reserves the right to modify, suspend or withdraw the whole or any part this Website or any of its content at any time without notice and without the Sainsbury’s Active Kids for All Inclusive PE Training Programme or the Partner Organisations incurring any liability.  13 Access restrictions. The Sainsbury’s Active Kids for All Inclusive PE Training Programme is entitled, in its absolute discretion, to remove any Submitted Materials. The Sainsbury’s Active Kids for All Inclusive PE Training Programme will be entitled to suspend or terminate your access to any or of this Website at any time without reason and without liability.  14 Links from and advertisements on this Website. From time to time, this Website may include advertisements (unless you have purchase an Ad-free Upgrade or VIP Service account) and / or links to other websites that are owned, provided and / or controlled by third parties. These advertisements and links are provided only for your interest and convenience and the Sainsbury’s Active Kids for All Inclusive PE Training Programme has no control over them and will have no liability in respect of any of them.  15 Monitoring.  The Sainsbury’s Active Kids for All Inclusive PE Training Programme may monitor activity and content on this Website and may take any action considered appropriate if we suspect you may be in breach of these Terms of Use including suspending, attaching conditions to or terminating your access and / or notifying the authorities or relevant regulators of your activities.  16 Security.  We use firewalls and secure payment technologies to protect your information (see our Privacy Policy for more details). However, Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information you send to us from or via this Website may be intercepted and potentially read by others. We will have no liability in respect of any transmissions you send to us and you do so entirely at your own risk.  17 Accuracy of information.  The Sainsbury’s Active Kids for All Inclusive PE Training Programme takes care to ensure that all information available on this Website is accurate. However, these are continually developing and, occasionally, the information may be out of date. Commercial, technological and legal practice change frequently and the materials on this Website, in any newsletters and in other items offering guidance have been prepared for general interest only and are not a substitute for specific legal, financial or other professional advice and should not be read or used as such.  18 Other users. In the event you consider another user has posted materials which do not comply with these Terms of Use, please notify the Sainsbury’s Active Kids for All Inclusive PE Training Programme and we will take appropriate action (which may include removing offending postings suspending, attaching conditions to or terminating the user’s access and/or notifying the authorities or relevant regulators of offending activities) as soon as reasonably practicable.  19 Disclaimer.  ALTHOUGH WE TAKE CARE TO ENSURE THAT ALL MATERIAL ON THIS WEBSITE IS CORRECT AND SUITABLE FOR USE, MISTAKES MAY, OCCASIONALLY, OCCUR AND NONE OF THE SAINSBURY’S ACTIVE KIDS FOR ALL INCLUSIVE PE TRAINING PROGRAMME, THE PROGRAMME PARTNERS NOR ANY ASSOCIATE ORGANISATION GIVE YOU ANY ASSURANCES THAT THE MATERIAL ON THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL BE FREE OF DEFECTS OR VIRUSES. NOTHING CONTAINED IN THE PAGES OF THIS WEBSITE SHOULD BE CONSTRUED AS COMMERCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE. DETAILED PROFESSIONAL ADVICE SHOULD BE OBTAINED BEFORE TAKING OR REFRAINING FROM ANY ACTION BASED ON ANY OF THE MATERIAL CONTAINED ON OUR WEBSITES OR ANY COMMUNICATIONS PROVIDED TO YOU AS A RESULT OF YOUR REGISTRATION OR USE OF THIS WEBSITE.  20 Use of this Website outside of the United Kingdom.  We make no claims or representations that any or all of the content of this Website may be lawfully viewed or downloaded outside the United Kingdom and, unless otherwise specifically stated, the content is directed solely at users who access them from the United Kingdom.  If you choose to access ANY THIS WEBSITE from outside the UNITED KINGDOM, you do so at your own risk and are responsible for compliance with the laws of territory from which you access them.  21 Liability for our mistakes. NONE OF THE SAINSBURY’S ACTIVE KIDS FOR ALL INCLUSIVE PE TRAINING PROGRAMME, THE PROGRAMME PARTNERS OR ANY ASSOCIATE ORGANISATION IS LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) UNLESS: THERE IS A BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY THEM; THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THESE TERMS OF USE. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.  22 Waiver.  No delay or decision not to enforce rights under these Terms of Use will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.  24 Governing law.  These Terms of Use are subject to the laws of England and you, Sainsbury’s Active Kids for All Inclusive PE Training Programme and each of the Partner Organisations hereby submits to the non-exclusive jurisdiction of the English courts.  WE RESERVE THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME. THE NEW VERSION WILL BE POSTED ON THIS WEBSITE AND WILL TAKE EFFECT IMMEDIATELY UPON POSTING. IF YOU USE THIS WEBSITE AFTER THE NEW TERMS OF USE HAVE COME INTO EFFECT, YOU WILL BE INDICATING YOUR AGREEMENT TO BE BOUND BY THE NEW TERMS OF USE