Terms & Conditions

1.        Introduction

1.1       This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the services (the ‘Services‘) listed on this website www.allrugbyworld.co.uk (the ‘Website‘) to you and apply to all persons and/or entities who have created a user account (“you”).
1.2       These terms and conditions should be read in conjunction with our Privacy Policy which can be found on our site.
1.3       Any content posted or submitted by you to our site is subject at all times to the Acceptable Use Policy and these terms and conditions.
1.4       We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.

2.        About Us

2.1       This Website is owned and operated by Tain Brae Ltd (‘we’/’us’/’our’), a limited company (trading as All Rugby World), registered in England and Wales under company number: 07665775 having our registered office at 61 Lypiatt Road, Corsham SN13 9JE..

3.       Communications

3.1.       You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2.       We will contact you by email or provide you with information by posting notices on our Website.

4.        Registration / User Accounts

4.1          In order to list your business, rugby clubs, advertise on or submit articles to our site you must create a user account.

4.2          This user account can be set up by clicking ‘Register‘ found on each page or you can automatically set up an account when you first submit a listing when you click ‘Add Listing’ on the top of each page. This is FREE and enables you to manage your listings.

4.3       When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.

4.4.       By registering on the Website you undertake:

4.4.1.          That all the details you provide to us for the purpose of registering on the Website and purchasing any services  are true, accurate, current and complete in all respects

4.4.2.          To notify us immediately of any changes to the information provided on registration or to your personal information

4.4.3.          That you are  18  years or over or if under 18 you have a parent or guardian’s permission to register with and purchase the services from this Website in conjunction with and under their supervision

4.4.4.          To only use the Website using your own username and password

4.4.5.          To make every effort to keep your password safe

4.4.6.          Not to disclose your password to anyone

4.4.7.          To change your password immediately upon discovering that it has been compromised

4.4.8.          To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them

4.5.       You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to as stated within our privacy policy.

4.6.       We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:

4.6.1.          You fail to make any payment to us when due

4.6.2.          You breach these Conditions (repeatedly or otherwise)

4.6.3.          You are impersonating any other person or entity

4.6.4.          When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity

4.6.5.          We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.

 

5.       Claim A Listing – FREE Listing

5.1     To provide a service to our users we may have listed your Rugby Club, Company or Business name with  a basic description of your business, the region and country in which you are located and your telephone number with inclusion in the simple searches performed by users of our site. This will be a basic Free Listing as stated here…

5.2     To claim this listing please click on ‘click here to claim this free listing‘ and follow the procedure. Alternatively you may contact us at sales@allrugbyworld.co.uk

5.3      Once approved and we have verified you as the owner you will have access to modify and choose the services you require.

5.4      If you do not wish to be listed on our site and wish to terminate your free user account that has been set up and Listing Packages then please email sales@allrugbyworld.co.uk  and we will remove your listing once  we have verified you as the owner within 5 working days.

 

6.       Listing Services

6.1        If you are a relevant business you may choose between three packages to list your business on our site. The details of these packages and what is included is stated here…

6.2        If you are a Rugby Club you may choose the rugby club package to list your club or team on our site for FREE. The details of this package and what is included is stated here…

6.3       The Championship and Premiership Listing Packages (“Paid Listing Packages”) provide registered users with the services described on our site in return for the fees set out on our site.  Such services may change from time to time.

6.4       You may upgrade to a Paid Listing Package from the FREE Listing at anytime by paying the relevant fee.

6.5       You may upgrade to a the next level Paid Listing Package from your current Listing  at anytime by paying the relevant fee.

6.6       You may also request Additional Services such as banner advertising on the site (as described in paragraph 8 below) and submit Articles for publication on the site (as described in paragraph 9 below).

6.7       Paid Listing Packages shall commence from the date on which full payment is received by us and shall continue for a period of the period depicted by the package taken. Upon the expiry of such said period, unless we have received notice from you by email to sales@allrugbyworld.co.uk of your clear wish to terminate your Paid Listing Package, your Paid Listing Package shall automatically and without further notice renew for a further period as depicted by the package taken and your Paypal account shall be debited for the relevant payment.

6.8       User accounts and Listing Packages shall continue unless they are terminated by either party in accordance with paragraph 6 below.

6.9      Either of us may terminate a Paid Listing Package in accordance with the provisions of paragraph 6 below.

7.          Additional Services
7.1         Additional Services such as banner advertising or badge advertising on our site,being featured in our newsletter and having your photo displayed on our site home page are described on our site and may change from time to time. Additional Services are limited in number and will be accepted on a first come first served basis. We accept no liability for Additional Services not being available.
7.2        Advertisements purchased as Additional Services shall be in the size, format and location specified on our site at the time you make payment or in such similar location as we in our absolute discretion determine and shall be displayed on our site for the period of time specified on our site at the time you make payment.
7.3        You warrant that your advertisement complies with all applicable law and regulation (including self regulation such as the CAP Code) and you shall indemnify us for any loss, damage or other liability that we may suffer as a result of you breaching this condition.
7.4        We may in relation to Additional Services provide specifications as to the materials to be provided by you in order for us to fulfill the delivery of such Additional Services. If you do not provide the specified materials in the manner and form specified within the time period stated, we shall not be obliged to fulfill the delivery of such Additional Service and no refund shall be made in relation to your payment for such Additional Services.
7.5        We may reject in our absolute discretion any materials submitted in relation to Additional Services and may request you to provide amended or additional materials.
7.6        If you decide to withdraw your advertisement for any reason, we shall not be obliged to provide you with a refund.
7.7        We do not guarantee or make any representation or warranty as to the outcome (such as response levels to advertisements) of your purchase of any Additional Service.
7.8       All advertising content is subject to our approval and we reserve the right to reject or cancel any advertisement that we deem to be unsuitable for any reason.

7.9       We accept no liability for any errors in any advertisements (or for errors in any content on our site).

8.         Articles

8.1        We may in our absolute discretion accept Articles (including all text, information, images, audio or video material in whatever medium or form we choose to accept) from you for publication on our site on Paid Listing Packages. Articles will not be published if you have chose to take out a FREE Basic Listing Package.
8.2        If we accept an Article from you for publication on our site, you grant to us a non-exclusive licence to distribute the Article on the site and such other media as we shall decide, in return for crediting you for the Article.
8.3        The licence granted under this condition permits us to:
8.3.1     modify, electronically reproduce and distribute, and publicly display the Article on the site (including packaging the Article with other Articles from third parties); and
8.3.2     reproduce and distribute through any media now known, or hereafter developed, excerpts of the Article in advertisements for, and in marketing and promotional materials related to, the site.
8.4        If you submit an Article to our site, you shall be responsible for the accuracy and completeness of the Article.
8.5        We have no obligation to you, and undertake no responsibility, to review the Article to determine whether any such Article may result in any liability to any third party.
8.6        If we believe that any Article may create any liability for us or adversely affect the site’s reputation or standing, we may remove the Article or such part of the Article as we believe, in our sole discretion, is prudent or necessary to minimise or eliminate our potential liability.
8.7        We do not undertake to distribute or display the Article on the site or otherwise make use of it, nor do we undertake that the site will be operational at all times.

9.        Fees 

9.1      The fee for any services including Paid Listing Package shall be as set out on our site at the time that you make payment for the Paid Listing Package. This fee may change from time to time.
9.2      The fees for Additional Services shall be as set out on our site at the time that you make payment for the Additional Services. These fees may change from time to time.
9.3      Unless otherwise stated, the prices quoted include VAT.
9.4      All fees are quoted in pounds sterling and currency exchange settlements will be as provided by Paypal and your financial institution.

8.       Payment

9.1.   Payment for services can be made by one of the following payment methods

9.1.1.    PayPal
9.1.2.    Credit card / Debit card  – Telephone Order
9.1.3.    Bank Transfer

9.2.       By placing an order, you consent to payment being charged to your bank account, debit/credit card account or Paypal account.

9.3.       Payment will be debited and cleared from your account  following the submission of your order and  before the service is activated.

9.4.       When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

9.5.       By accepting these Conditions you:

9.5.1.          Undertake that all the details you provide to us for the purpose of purchasing the Servives are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered

9.5.2.          Authorise us to transmit the payment information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention

9.6.       We shall contact you should any problems occur with the authorisation of your card.

9.7.       We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.

9.8    If you fail to pay any amount payable under this agreement, we may charge you interest on the overdue amount. You shall pay the interest immediately on demand, from the due date up to the date of actual payment, after as well as before judgment, at the rate of 4% per annum above the base rate for the time being of Barclays Bank Plc. Such interest shall accrue on a daily basis and be compounded quarterly.

 

10.   Order Process and Formation of Contract

10.1.       All orders are subject to acceptance and availability. If any Services ordered are not available, you will be notified by email and you will have the option either to wait until the service is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.

10.2.       Any order placed by you constitutes an offer to purchase the Service from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

10.3.       You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.

10.4.       You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.

10.5.       A contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have delivered the service. We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to accept the  Services from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).

10.5.1      We store the contract’s content  and will send you the details of  your order as well as where you can find our terms & conditions via e-mail. The general terms & condition you can find here at all times. The details about your recent orders you will find in your customer account.

10.6.       Where we agree to supply Services to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the ‘Minimum Duration’). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.

10.7.       The Contract will relate only to the Services stated in the Confirmation Notice. We will not be obliged to supply any other Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.

10.8.       You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.

10.9.       You will be subject to the version of our policies and Conditions in force at the time that you order the Services from us, unless:

10.9.1.          Any change to those policies or these Conditions is required to be made by law or governmental authority

10.9.2.          We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice

11.         Cancellation Of Contract

11.1       You may within 14 days of completing the online application for a Paid Listing Package, cancel your Paid Listing Package. To cancel your Paid Listing Package, you must email sales@allrugbyworld.co.uk within the aforementioned time period providing clear notice of your wish to cancel your Paid Listing Package.
11.2       If we receive notice of cancellation of your Paid Listing Package in accordance with paragraph 9.1, we will refund the listing fee you paid back to your original payment method within 15 days of our receipt of such notice.

12.         Termination

12.1        You may terminate a listing that is on our website that you wish to claim subject to paragraph 5.4 above  we may terminate your user account or Listing Package at any time without notice to you by removing your listing from our site if it has not been claimed.

12.2        You may terminate your Paid Listing Package at any time within your account or by emailing sales@allrugbyworld.co.uk and providing us with clear notice of your wish to terminate your Paid Listing Package. Subject to paragraph 11 above, no refund of any fee will be provided on termination. Such termination of your Paid Listing Package shall be effective from the date on which we remove your Paid Listing Package from the site.
12.3        Implications If you provide notice to terminate your Paid Listing Package, you shall continue to have a user account and  a Basic Listing on our site (unless you notify us of your wish to be removed from the site in accordance with paragraph 12.1 above) and these terms and conditions shall continue to apply to your user account and Basic Listing Package.
12.4        We may terminate your user account, Paid Listing Package and the agreement between us without notice and without any liability to make any refund or other payment to you in the following circumstances:
12.4.1      you have breached these terms and conditions, the Acceptable Use Policy or the Privacy Policy in any way;
12.4.2     you are in our opinion transmitting or otherwise connected with any ‘spam’ or any other form of unsolicited bulk email or communication;
12.4.3     your user account or listing package may in our reasonable opinion adversely affect our goodwill or reputation; or
12.4.4     you or us cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure.

13.          Consequences of termination

13.1         Upon termination of the agreement between us, your right to use the registered user sections of our site shall immediately cease. We have no obligation to maintain any of your posted content, Additional Services, Articles or any content within your listing.
13.2        Any termination of the agreement between us shall not affect any rights or liabilities that have accrued to us prior to such termination.

14.       Intellectual Property

14.1      We are the owner or the licensee of all intellectual property rights in our site, and in all of the material published on it (except for the Articles described in paragraph 8). The site and such materials are protected by copyright laws and treaties around the world and we reserve all such rights.
14.2      You grant us a perpetual, worldwide, royalty free licence to use all or any of your intellectual property rights in any materials, advertisements or content submitted or shown on our site.

14.3      You shall, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of a third party’s intellectual property rights arising out of your use of our site (including any advertising on our site or Articles you submit to our site).
14.4    You agree and acknowledge that we retain full editorial control over all advertisements and listings submitted by you to our site and that we will own all intellectual property rights in relation to such advertisements and listings (other than in relation to your branding and other intellectual property rights that are owned by you prior to you submitting such advertisements and listings).
14.5    We reserve the right to change the format, style and layout of our site and any advertisement, listing or Article submitted by you as we see fit.
14.6    You must not reproduce in any format (including on another website) any part of our site (including content, designs, look and feel) without our prior written consent.

15.      Warranties

15.1     You warrant that where you are an individual you are at least 18 years of age and where you are a company or other similar entity, that you are a bona fide legal entity duly formed in accordance with all applicable law and regulations and have full capacity and authority to enter into the agreement between us.
15.2     You warrant that all information that you have provided us with or have submitted to our site is true and accurate and not misleading in any way.
15.3     You warrant that in using our site you will comply at all times with all applicable law and regulations and advertising codes of conduct.
15.4     You warrant that any website owned or controlled by you that is listed on our site is free from illegal, defamatory or tortious content.

16.     Limitation of liability

16.1    Other than liability for us causing death or personal injury to any person or for any fraudulent misrepresentation made by us, we exclude all liability for any loss or damage suffered by you resulting from your use of our site (including all consequential loss or damage howsoever caused and whether this was in the reasonable contemplation of us or not).
16.2    In the event that we are found liable to you for any loss or damage, this liability shall be limited to the amount that you have paid for your current listing package and any current Additional Services. In the event that any court of competent jurisdiction does not allow such limitation on liability and awards damages against us in excess of the amount that you have paid for your current listing package and any current Additional Services, you agree to release us from all damages and liability in excess of this amount.
16.3    You specifically agree and acknowledge that we are not liable to you for any loss or damage, for offence caused or for any threatening, defamatory, obscene, offensive or illegal content uploaded to our site by a third party or for the infringement of any of your rights (including intellectual property rights) arising from the conduct of a third party.
16.4    You agree and acknowledge that we have no liability for our site not being available at any time nor any liability for the deletion, corruption or failure to store any materials or content maintained or transmitted on or through our site.
16.5    We shall have no liability for any advice, views, recommendations, advertisements and any other form of content provided by other users of our site or third parties.
16.6    Where we provide any content on the site that contains advice, views or recommendations, this is done on a generic basis without considering individual circumstances and hence we shall have no liability for any such content.
16.7    We have not verified or performed any checks on registered users or other users of the site who may contact you and we therefore disclaim all liability in relation to the actions of registered users, other users and any other third parties in relation to our site. You should of course take all necessary precautions regarding your safety when corresponding with or meeting with registered users, other users or other third parties.

17.      Indemnity

17.1     You hereby agree to, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from your breach of any of these terms and conditions.

18.    Force majeure

18.1     We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement, arising from or attributable to acts, events, omissions or accidents beyond our reasonable control

19.    Severence

19.1     If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force unless, in our reasonable opinion, the purpose of this agreement is frustrated as a result.

20.   Variation

20.1    We may vary these terms and conditions at any time. The latest version of these terms and conditions shall be as posted on our site or as emailed to you. Your continued use of our site constitutes your acceptance of any new or updated or amended terms and conditions.

21.    Waiver

21.1    No failure or delay by us to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.

22.    Assignment

22.1    This agreement is personal to you and you may not, without our prior written consent, assign, transfer, sub-contract, delegate or deal in any other manner with this agreement. We may assign this agreement at our discretion and without providing you with notice.

23.    Entire Agreement

23.1    This agreement, the Website Terms of Use, Acceptable Use Policy and the Privacy Policy (which can be found on our site) constitute the entire agreement between us and supersede all prior agreements, communications and proposals.

24.    Third party rights

24.1    A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.

25.   Governing law and jurisdiction

25.1    This agreement 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 English law.

25.2    The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).