Terms of service

WEBSITE TERMS AND CONDITIONS 

1 INTRODUCTION 

(a) These terms and conditions (Terms) apply when you use this website,  

www.elandrsport.com. 

(b) You agree to be bound by these Terms which form a binding contractual agreement  between you and us, Elanders Sport Limited, a company registered in England and  Wales under company number: 15248947 with registered office 60 Chart Lane, Reigate,  England, RH2 7DZ (‘we’, ‘our’ or ‘us’).  

(c) If you don’t agree to these Terms, you must refrain from using the Website. 

(d) Additional terms and conditions will apply to your purchase of any products and services  on our Website.  

(e) We may change these Terms at any time by updating this page of the Website, and your  continued use of the Website following such an update will represent an agreement by  you to be bound by the Terms as amended. 

2 ACCESS AND USE OF THE WEBSITE 

You must only use the Website in accordance with these Terms and any applicable laws, and must  ensure that your employees, sub-contractors and any other agents who use or access the Website  comply with the Terms and any applicable laws. 

3 YOUR OBLIGATIONS 

You must not: 

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any  part or aspect of the Website without our express consent; 

(b) use the Website for any purpose other than the purposes of browsing, selecting or  purchasing goods; 

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates  illegal or fraudulent activity; 

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create  undue burden on the Website or the servers or networks that host the Website; 

(e) use the Website with the assistance of any automated scripting tool or software; 

(f) act in a way that may diminish or adversely impact our reputation, including by linking to  the Website on any other website; and 

(g) attempt to breach the security of the Website, or otherwise interfere with the normal  functions of the Website, including by: 

(i) gaining unauthorised access to Website accounts or data; 

(ii) scanning, probing or testing the Website for security vulnerabilities; 

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the  

Website; or 

(iv) instigate or participate in a denial-of-service attack against the Website. 

4 INFORMATION ON THE WEBSITE 

While we make every effort to ensure that the information on the Website is as up-to-date and  accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted  by law) guarantee that: 

(a) the Website will be free from errors or defects; 

(b) the Website will be accessible at all times;

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(c) messages sent through the Website will be delivered promptly, or delivered at all; (d) information you receive or supply through the Website will be secure or confidential; or (e) any information provided through the Website is accurate or true. 

We reserve the right to change any information or functionality on the Website by updating the  Website at any time without notice, including product descriptions, prices and other Website  Content. 

5 INTELLECTUAL PROPERTY 

(a) We retain ownership of the Website and all materials on the Website (including text,  graphics, logos, design, icons, images, sound and video recordings, pricing, downloads  and software) (Website Content) and reserves all rights in any intellectual property rights  owned or licensed by it not expressly granted to you. 

(b) You may make a temporary electronic copy of all or part of the Website for the sole  purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell,  modify or publish the Website or any Website Content without prior written consent from  us or as permitted by law. 

6 LINKS TO OTHER WEBSITES 

(a) The Website may contain links to other websites that are not our responsibility. We have  no control over the content of the linked websites and we are not responsible for it. 

(b) Inclusion of any linked website on the Website does not imply our approval or  endorsement of the linked website. 

7 SECURITY 

We do not accept responsibility for loss or damage to computer systems, mobile phones or other  electronic devices arising in connection with use of the Website. You should take your own  precautions to ensure that the process that you employ for accessing the Website does not expose  you to risk of viruses, malicious computer code or other forms of interference. 

8 REPORTING MISUSE 

If you become aware of misuse of the Website by any person, any errors in the material on the  Website or any difficulty in accessing or using the Website, please contact us immediately using  the contact details or form provided on our Website. 

9 PRIVACY 

You agree to be bound by our Privacy Policy, which can be found in the footer of our website. 

10 LIABILITY 

(a) We make no warranties or representations about this Website or any of its content and  will not be responsible to you or any third party for any direct or consequential loss  suffered in connection with the use of this Website. To the maximum extent permitted by  law, we exclude any liability that may arise due to your use of our Website and/or the  information or materials contained on it. You agree to indemnify us for any loss or liability  arising out of your use of this Website. 

(b) To the extent that the provisions of any applicable law shall impose restrictions on the  extent to which liability can be excluded under these Terms including, for the avoidance  of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in  the UK (and its equivalent in any other jurisdiction) relating to the requirement of  

reasonableness, the exclusions set out in this clause shall be limited in accordance with  such restrictions. However, any exclusions of liability that are not affected by such  restrictions shall remain in full force and effect.

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(c) Nothing in these Terms shall exclude or limit a party’s liability for fraud or intentional  unlawful conduct by a party, or death or personal injury resulting from a party’s  

negligence. 

11 GENERAL 

11.1 GOVERNING LAW AND JURISDICTION 

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out  of or in connection with it or its subject matter or formation shall be governed by and construed in  accordance with the law of England and Wales. Each party irrevocably agrees that the courts of  England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non contractual disputes or claims) arising out of or in connection with this agreement or its subject  matter or formation. 

11.2 THIRD PARTY RIGHTS 

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act  1999 to enforce any term of this agreement. 

11.3 WAIVER 

No party to this agreement may rely on the words or conduct of any other party as a waiver of any  right unless the waiver is in writing and signed by the party granting the waiver. 

11.4 SEVERANCE 

Any term of this agreement which is wholly or partially void or unenforceable is severed to the  extent that it is void or unenforceable. The validity and enforceability of the remainder of this  agreement is not limited or otherwise affected. 

11.5 JOINT AND SEVERAL LIABILITY 

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or  benefits them jointly and severally. 

11.6 ASSIGNMENT 

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this  agreement without the prior written consent of the other party. 

11.7 ENTIRE AGREEMENT 

This agreement embodies the entire agreement between the parties and supersedes any prior  negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to  the subject matter of this agreement. 

11.8 INTERPRETATION 

(a) (singular and plural) words in the singular includes the plural (and vice versa); 

(b) (gender) words indicating a gender includes the corresponding words of any other  gender; 

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech  or grammatical form of that word or phrase has a corresponding meaning; 

(d) (person) a reference to “person” or “you” includes an individual, the estate of an  individual, a corporation, an authority, an association, consortium or joint venture  

(whether incorporated or unincorporated), a partnership, a trust and any other entity; 

(e) (party) a reference to a party includes that party’s executors, administrators, successors  and permitted assigns, including persons taking by way of novation and, in the case of a  trustee, includes any substituted or additional trustee; 

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment  or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or 

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annexure to or of these Terms (this agreement), and a reference to this agreement  includes all schedules, exhibits, attachments and annexures to it; 

(g) (document) a reference to a document (including these Terms) is to that document as  varied, novated, ratified or replaced from time to time; 

(h) (headings) headings and words in bold type are for convenience only and do not affect  interpretation; 

(i) (includes) the word “includes” and similar words in any form is not a word of limitation; 

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a  party because that party was responsible for the preparation of this agreement or that  provision; and 

(k) (currency) a reference to £, or “pounds”, is to Pound Sterling currency, unless otherwise  agreed in writing.

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