1. BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport terms and conditions ("Terms")
1.1 These terms and conditions (“Terms”) form the basis upon which BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport supply the Membership Services. By applying individuals agree to be bound by these Terms.
Further information about BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s Membership Services including booking, cancelling, renewing, and suspending Membership Services are set out in Schedule 1 of these Terms.
1.2 Definitions
- “Agreement” shall mean this agreement between BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport and the Member for the supply of Membership Services in accordance with these Terms and the schedules set out herein.
- “Jubilee Sport and Recreation Centre” shall mean the University premises located at University Road, Highfield, BOB体育登录网址_欧宝体育官网平台-APP|下载, SO17 1BJ.
- “Mayflower Gym” shall mean the University premises located at West Park Road, BOB体育登录网址_欧宝体育官网平台-APP|下载, SO15 1DQ.
- “Member” shall refer to the person who has applied for and been granted membership of BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport using the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport facilities and services.
- “Membership Fees” shall mean the fees payable by the Member, as appropriate, at the rate notified by BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport at time of their application for membership or subsequent renewal.
- “Membership Services” the services as set out in Schedule 1 on these Terms, which may be amended from time to time.
- “Rules and Regulations” shall mean the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport Rules and Regulations as set out in Schedule 2 of these Terms.
- “Recurring Card Payments (RCP)” shall mean the payments of the Membership Fees which shall be charged on the same date on a recurring monthly basis whilst the Member’s membership remains active.
- “BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport Website” shall mean southampton.ac.uk/sport
- “BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport” shall mean part of the University of BOB体育登录网址_欧宝体育官网平台-APP|下载, which supplies the Membership Services on the University facilities/premises including the (i) Jubilee Sport and Recreation Centre (ii) Mayflower Gym (iii) Wide Lane Sports Ground and (iv) University Watersports Centre.
- “University Watersports Centre” shall mean the University premises located at University of BOB体育登录网址_欧宝体育官网平台-APP|下载 Watersports Centre, Mead Crescent, Swaythling, BOB体育登录网址_欧宝体育官网平台-APP|下载, SO18 2JL.
- “University” and "UOS" shall mean the University of BOB体育登录网址_欧宝体育官网平台-APP|下载, incorporated in England & Wales by Royal Charter with registered number RC000668 whose principal address is The Office of the President and Vice-Chancellor, George Thomas Building, University Road, Highfield, BOB体育登录网址_欧宝体育官网平台-APP|下载, SO17 1BJ.
- “User” shall mean any person present on University premises or using any of the facilities of BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport, whether as a participant or spectator, who is not a Member and whether a charge has been levied for entry or their use of the facilities within BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport.
- “Wide Lane Sports Ground” shall mean the University premises located at University of BOB体育登录网址_欧宝体育官网平台-APP|下载, Wide Lane, Eastleigh, SO50 5PE.
- "Writing" or "written" in these Terms includes, but is not limited to, letters and emails.
- “Working Day” shall mean Monday to Friday, excluding any public holidays in England and Wales and for the University, excluding any days when the whole of the University is closed for business as published by the University in advance from time to time.
2. BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport contact details
2.1 Members and users can contact BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport by:
- Phone: 023 8059 2119
- Email: BOB体育登录网址_欧宝体育官网平台-APP|下载sport@soton.ac.uk
- Address: Jubilee Sport and Recreation Centre (Building 18)
University of BOB体育登录网址_欧宝体育官网平台-APP|下载
Highfield Campus
University Road
BOB体育登录网址_欧宝体育官网平台-APP|下载
SO17 1BJ
Notices to the University under these Terms, including membership cancellation notices, should be made in writing to the address above, or such other address as may be advertised from time to time on the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport Website.
2.2 BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will contact current and or prospective Members and Users by telephone or by writing using the details?provided on an application form or from subsequent notification received from an individual regarding any changes to their details. BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will also make information such as any emergency closure information, available from time to time through BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s social media platforms including Facebook and WhatsApp.
3. Membership application
3.1 BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s acceptance of a membership application will take place when BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport inform?the applicant that their application has been successful and BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport are able to provide the applicant with the requested Membership Services, and a?receipt for payment will be issued to the applicant, at which point an Agreement will come into existence between the applicant and BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport.
3.2 If BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport are unable to accept an application, BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will inform the applicant of this in writing and will not charge for the Membership Services. This may?be for various reasons, including but not limited to, unexpected limits on BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s resources which could not reasonably be planned for; particular medical or other information submitted by a current and/or prospective Member as part of their application which does not meet BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s minimum requirements (as set out in Schedule 1); or because BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport have identified an error in the price or description of the Membership Services.
4. Member's rights to make changes
4.1 If a Member wishes to request a change to be made to their Membership Service, then they should contact BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport in writing as set out at clause 2.2 above. BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will let the Member know if their requested change is possible. If it is possible, BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will let the Member know about any changes, including but not limited to, the price of the Membership Services or anything else which would be necessary as a result of the Member’s requested change(s) and the Member must confirm in writing to BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport whether they wish to proceed with the change to the Member’s Membership Services.
5. Changes to membership Terms and suspension of Membership Services
5.1 Changes to the membership Terms, Membership Services and Membership Fees
Changes to the membership Terms
5.1.1 BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport may unilaterally vary the Terms where the University acting reasonably considers it necessary to do so, including but not limited to, due to:
- a change in law or to comply with government guidance
- reasons of health and safety, operational efficiency, or effective facilities management, or
- any other reasonable reason
When changes are made a new copy, of the Terms (including the schedules) will be available on the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport Website. Email communications will also be sent to Members informing them of such changes and providing a link and/or copy of the updated Terms.
5.1.2 The provisions of clause 5.1.1 shall not apply to changes made to the address as set out in clause 2.1 of these Terms.
Changes to Membership Services (including BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport facilities operating hours)
5.1.3 BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport may change the Membership Services and or suspend the Membership Services in connection with the following:
- to deal with technical problems or to make technical adjustments or improvements to relevant equipment
- for deep or emergency cleaning
- to address a security threat
- to update the Membership Services to reflect any changes in applicable laws and or regulatory requirements
- on disciplinary grounds as set out in Schedule 2
- to make changes to the Membership Services as requested by the Member or notified by BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport to the Member (see clause 4 and this clause 5)
5.1.4 BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport reserves the right to change its Membership Fees at any time, at its sole discretion.
5.1.5 In the event of such a change, BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport reserves the right to amend the amount of the monthly payment for those paying for their BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport membership by RCP, to reflect the amended Membership Fees.
5.1.6 Any changes to Membership Fees shall become applicable to each Member upon the next due date following notification for Membership Fee payment by the relevant Member.
5.1.7 In the event of a change in Membership Fees, members are free to cancel immediately and without penalty, in accordance with clause 8.2.
5.1.8 Details of BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s current opening hours and facilities are displayed on the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport Website.
5.1.9 BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport reserves the right to change the opening hours of the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sports facilities at any time, at its sole discretion. If such changes are made, BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will, where reasonably possible, display notices in the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s facilities and on the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport Website notifying Members.
5.2 Events outside of BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport's control
BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will not be liable or responsible for any failure to perform, or any delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (Force Majeure Event). A Force Majeure Event includes, but is not limited to, any act, event, non-occurrence, omission, or accident beyond BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s reasonable control. This includes, in particular (without limitation), the following:
- extreme adverse weather conditions
- interruption or failure of utility service at its facilities, including but not limited to electric power, gas or water
- impossibility of the use of public or private telecommunications networks
- any pandemic, epidemic or other health emergency or lock-down issued by the Government and or other regulatory body (e.g. World Health Organisation (WHO)), and any period of self-isolation or shielding required by University staff as a result of following prevailing Government and or other regulatory body guidance during the course of a pandemic, epidemic or other health emergency
- strikes, lock outs or other industrial action
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
- fire, explosion, flood, earthquake, subsidence, epidemic or other natural disaster
- impossibility of use of the railways, shipping, aircraft, motor transport or other means of public transport
5.3 Reasonable steps to minimise effects
Subject to clause 5.2 BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will, where practicable, take reasonable steps to minimise any effects of the changes and or any suspension on the Membership Services.
5.4 Notice of suspension of Membership Services
Unless the problem is urgent, or an emergency or immediate action is taken upon Government and or other regulatory body advice, BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will use its reasonable endeavours to notify the Member in advance to tell them BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will be suspending Membership Services.
5.5 Effect on Membership Services
Where, it has become necessary for BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport to suspend Membership Services for a period more than 28 calendar days the following will apply:
- the Member may claim a refund on a pro rata basis for Membership Fees paid during the period of suspension, see clause 8.4
- the Member may temporarily suspend their membership in accordance with Schedule 1
5.6 Suspension of Membership Services due to Member’s failure to pay the Membership Fees
If the Member does not pay BOB体育登录网址_欧宝体育官网平台-APP|下载 Sports for the Membership Fees which are correctly charged and due (see clause 11.2), BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport may suspend supply of the Membership Services until the Member has paid BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport the outstanding amounts in full. Those Members that are paying by the Recurring Card Payment system will have their membership automatically cancelled after two months of failed payments and the missed payments will be classified as debt to the University. The University may pursue debt collection if full payment has not been received.
6. Providing the Membership Services
6.1 When BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will provide the Membership Services.
BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will supply the Membership Services to the Member in accordance with clause 3. The Membership will run until either the Member terminates their Agreement for the Membership Services as set out in clause 8 or BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport terminate the Agreement for the Membership Services by written notice to the Member as set out in clause ?9.
6.2 Membership cards
6.2.1 Members that are UOS Staff, Students and Alumni:
- on BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s acceptance of a Member’s application, the Member’s UoS ID card will act as the Member’s membership card
- members must provide BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport with current contact details on their membership application form. The Member should inform BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport if their contact details change at any stage of their membership
- membership to any UoS facilities available to the Member’s category of Membership Services is personal to the Member and is non-transferable
- the Member’s UoS ID card must not be used by anyone other than the Member
- misuse of a membership card may result in the suspension or termination of the Member’s Membership Services and this Agreement
6.2.2 Membership for the community (Members that are not current University staff or students)
- If a Member is not eligible for a UoS ID card, then the Member will be issued with a BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport membership card which will remain the property of the UoS. The BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport membership card must be collected in person by the Member from BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport and the issuing of the membership card is subject to a satisfactory initial ID verification check and photo captured by BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport at the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport reception upon initial registration and or at specified intervals as notified by BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport. This can only be done at BOB体育登录网址_欧宝体育官网平台-APP|下载 Sports facilities including the Jubilee Sport and Recreation Centre, Mayflower Gym and Wide Lane Sports Ground. BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport reserve the right to verify the authenticity of photos taken at the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport reception to ensure the safety and security of all Members. See the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport Privacy Notice for more information. Failure to comply with this requirement may result in the suspension and or termination of the Member’s membership.
- Members must provide BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport with current contact details on their membership application form. The Member should inform BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport if their contact details change at any stage of their membership.
- Membership to any UoS facilities available to the Member’s category of Membership Services is personal to the Member and is non-transferable.
- The Member’s membership card must not be used by anyone other than the Member.
- Misuse of a membership card may result in the suspension or termination of the Member’s Membership Services and this Agreement.
Upon expiry or termination of any Membership Services the Member’s membership card must be returned to reception at the Jubilee Sport and Recreation Centre, Mayflower Gym, Wide Lane Sports Ground.
6.3 Replacement Card Fee
If a public Member’s membership card is lost or stolen and a replacement is requested, this will be charged at an administrative fee of ?15.. Access to BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport facilities and Membership Services will not be granted until a replacement card is purchased. BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will not issue any refund due to access restriction as a result of lost membership cards.
7. Use of BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport facilities
When using the facilities Members agree to abide by:
- the Rules and Regulations as set out in Schedule 2
- the Health Commitment Statement, a copy can be provided to Members on request from the reception at Jubilee Sport and Recreation Centre
8. Termination by the Member
8.1 Cancellation during the first 14 Days of Membership
8.1.1 A 14-day cooling off period applies to all new memberships, from the start date of the membership. During this cooling off period, the Member may cancel their membership by contacting BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport directly by emailing southamptonsport@soton.ac.uk
8.1.2 If a Member chooses to terminate their membership within the cooling off period, the University reserves the right to retain the joining fee and a proportion of the fees paid if the membership has been utilised, for example, if the Member has gained access to any BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport facilities.
8.2 Termination by the Member after the 14-days cooling off period
8.2.1 To exercise the right to terminate the membership after the 14 days cooling off period, the Member must inform BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport of their decision to terminate the membership in writing by:
- email addressed to BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport using the contact details at clause 2.2
and
- using the cancellation form available on the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport Website
8.2.2 Memberships can only be cancelled 1 calendar month after the 14-day cooling off period has expired.
8.3 Cancellation of payment method does not terminate the membership. Members will be liable for all Membership Fees until BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport receives notice of the membership cancellation in writing, in accordance with clause 8.2.1
8.4 Termination for other reasons
8.4.1 A Member may terminate their membership due to a reason as listed as follows:
- BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport have advertised an error in the price or description of the Membership Services the Member has purchased and the Member does not wish to proceed
- there is a risk as determined and confirmed by the University that the Membership Services may be significantly delayed for a period in excess of 28 calendar days because of events outside of the University’s control
- due to medical reasons preventing the Member from use of the membership, subject to a supporting doctor's note indicating this to be provided to BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport
8.4.2 If a Member is terminating their membership due to a reason as set out above in clause 8.4.1 then the membership will end immediately and the University will refund the Member (i) on a pro rata basis for any Membership Services which have been provided or (ii) in full for any Membership Services which have not yet been provided or have not been provided in as set out in these Terms, unless this falls under an exemption under clause 5.2 or is excluded elsewhere under the provisions of these Terms.
8.5 Refunds
The University will make payment of all refunds deemed to be due, subject to the University’s sole discretion, using the same means of payment as the Member used for payment of the Membership Services, unless the Member has expressly notified BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport of alternative bank details, or the parties have agreed otherwise in writing. In any event, a Member will not incur or be liable for any fees to the University as a result of any refund payment(s) rightfully owed to the Member.
9. Termination of the Membership Services by BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport
9.1 BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport may terminate a Member’s membership at its sole discretion, without notice and with immediate effect in the following circumstances:
- the Member fails to make payment to the University when it is due. Memberships will be terminated after 2 consecutive failed payments. If the University have not heard from the Member regarding cancellation of the Member’s membership, this debt will remain on the Member’s account and remain outstanding and to be paid.
- the Member does not, within 7 calendar days of the University asking for it, provide the University with information that is necessary for BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport to provide the Membership Services, for example, proof of ID for verification purposes
- the Member fails to abide by the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport Rules and Regulations or as otherwise set out in Schedule 2 and or the Health Commitment Statement set out in Schedule 3
- a Member commits a serious or repeated breach of these Terms or BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport Rules and Regulations, and the breach, if capable of remedy, is not remedied within 7 calendar days of the Member being notified of the breach by the University
- a Member provides details that they know to be false when applying for membership and the false declaration would have reasonably affected the University’s decision to grant the membership
9.2 If the University terminates the membership, for any of the reasons listed in clause 9.1, it reserves the right to retain a proportion of the Membership Fees paid by the Member to cover any reasonable costs (as determined by the University) that have been incurred.
10. If there is a problem with the Membership Services
10.1 How to tell BOB体育登录网址_欧宝体育官网平台-APP|下载 Sports about any issues
If a Member has any questions or complaints about the Membership Services, then they can contact the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport team using the contact details provided in clause 2. Alternatively, the Member can speak to one of BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s staff at the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport facilities. If necessary, the Member may be asked to contact BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport by email so that the University may fully investigate the matter and address any concerns.
10.2 BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport Complaints Process
If despite following the process as set out in clause 10.1, the issue(s) remain unresolved or should the Member be discontent with the way BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport has handled the issue(s) and the resulting outcomes, then the Member may escalate the matter by pursuing BOB体育登录网址_欧宝体育官网平台-APP|下载 Sports complaints process, which may be accessed on the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport Website and also as linked below:
11. Price and payment
11.1 Where to find the price for the Membership Services
The price of the Membership Services will be the price in force at the date of the Member’s application as published on BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s Website and official BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport social media pages and posters, unless BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport have agreed another price in writing with the Member. BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will take reasonable care to ensure that the prices of Membership Services advised to a Member are correct, however please see clause 8.2 for what happens if BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport discover an error in the price of the Membership Services that a Member purchases. BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will give a Member 4 weeks’ notice, in writing, of any increase in BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s prices.
11.2? Payment method and timing
A Member is required to pay the joining fee (if one is payable) together with the Membership Fees to BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport in accordance with the chosen Membership Services. The payment method shall be agreed at the time of the Member’s application. Joining fees are applied to cover the initial administration costs associated with setting up a new membership and Recurring Card payments arrangements. A Member is required to keep membership payment details up to date using the membership payment system.
11.3? Recurring Card payments (RCP)
If a Member cancels a RCP where BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport were in fact entitled to the payment, the Member may be charged a ?5 fee (per cancelled payment) to cover BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s costs in attempting to recover the payment. This fee may be applied in addition to any payments due by the Member in relation to further and or ongoing Membership Services.?It is the Member’s responsibility to use the UoS Sport App or Join in to resolve any outstanding debt, alternatively this can be paid in person at the Jubilee Sport and Recreation Centre, Mayflower Gym or Wide Lane Sports Ground.
12. Accidents, injury and loss or damage to Members' personal property
12.1 Subject to BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s discretion, BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will compensate Members for any damage or loss they may suffer if BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport fails to carry out its obligations under these Terms or to a reasonable standard or breaches any duties imposed on it by law (including if it causes personal injury or death to a Member by its negligence) unless that failure is attributable to:
- the Member’s own actions and or fault
- a third party unconnected with the provision of services under these Terms
- events which, even if the University had taken all reasonable care, neither the University nor its suppliers could have foreseen or prevented
12.2 BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s liability to compensate Members for any damage or loss relating to personal property is limited to a reasonable amount (to be determined by BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport), having regard to such factors as whether the damage was due to a negligent act or omission by BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport.
13. Damage to BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport facilities and or equipment by a Member
13.1 Any damage to BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s facilities and or equipment must be reported promptly to BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport by the Member.
13.2 The Member will be liable for any damage caused to BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s equipment and/or facilities through the Member’s negligent actions and or misuse.
13.3 If the Member is unsure how to use any of the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport facilities and or equipment in a proper manner, then the Member should ask the BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s team for assistance.
14. Other important terms
14.1 BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport will only use a Member’s personal information as set out in BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport’s Privacy Policy, which can be found within the membership application pack.
14.2 Each party acknowledges that in entering into this Agreement it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty, whether made innocently or negligently, that is not set out in this Agreement.
14.3 The University shall be entitled to novate (and the Member shall be deemed to consent to any such novation) the Agreement to any other body which substantially performs any of the functions that previously had been performed by the University.
14.4 The membership rights under these Terms are personal to the Member and the Member may not transfer their rights or obligations to another person.
14.5 Unless it expressly states otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.
14.6 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
14.7 Any delay by BOB体育登录网址_欧宝体育官网平台-APP|下载 Sport to insist that a Member adheres to these Terms does not constitute an acceptance of the Member’s breach of these Terms by the University nor will it prevent the University from taking further action, including legal action if necessary.
14.8 These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
14.9 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation, including non-contractual disputes or claims.