Terms & Conditions – Events
Governing Law and Jurisdiction
These Events Terms and Conditions are governed by and construed and interpreted in accordance with the laws of England and Wales and the customer agrees that the English courts shall have exclusive jurisdiction in any dispute.
Orders for Events conducted by Tennis Tournaments Limited trading as the ‘All Court Tennis Club’; a company registered in England and Wales whose registered office is at Audrey House 3rd Floor, 16-20 Ely Place, London, England, EC1N 6SN, company registration number 11381100 (VAT number 310221773) (“All Court Tennis Club”, the “Club”, “we”, “us” and/or “our”) are accepted by us and participation of the Customer at the event is only on the basis of these Events Terms and Conditions unless specifically stated otherwise on the Invoice. By placing an order for an event, paying an Invoice or otherwise acknowledging these Events Terms and Conditions, the Customer accepts and agrees to be bound by these Terms and Conditions.
Warning – Risk of Covid-19
Covid–19, often referred to as coronavirus, is an infectious disease that can result in serious and potentially fatal illness. There is a risk of the transmission of Covid–19 in any environment where people come together. This risk increases in enclosed spaces and with increased numbers of people. The World Health Organisation has advised that the elderly and those with underlying medical conditions are more vulnerable. Upon entering a venue in which an Event is held, you assume all risk associated with Covid-19 (unless in any way caused our gross negligence). You also agree to:
· abide by all government guidance aimed at preventing the transmission of the virus (details of which can be accessed via the following links https://www.gov.uk/coronavirus);
and
· follow all directions provided by staff members and set out in the signage within the venue.
You must not enter the venue if you believe that you may have been infected with Covid-19. Failure to comply with these measures shall entitle us to eject you from the Event.
We shall be entitled to cancel any Event(s) at any time if required due to any government guidance/restrictions and the refund policy set out in the Events Terms and Conditions shall apply.
1. Introduction
1.1 These are the terms and conditions that govern registration of and attendance at an Event (as defined below) owned, operated or provided by us. These Events Terms and Conditions are in addition to our Club Rules for our members which can be viewed on our website here.
Your attendance and participation at an Event, and your enjoyment of any other benefits associated with an Event, is conditional on you complying with these Events Terms and Conditions.
1.2 Please note: where you register for and attend an Event, these Events Terms and Conditions will be governed by the laws of England and Wales and will operate as between us and you, to the maximum extent permissible under the law of the territory in which you are located.
2. Definitions
In these Terms and Conditions, the following words and expressions shall have the following meanings:
2.1 “Customer” means you or the customer named on the Invoice or a party which otherwise attends the Event; “you/your” means (as appropriate), the attendee or participant at an Event.
2.3 “Additional event” means, without limitation, any field trip, networking event, tour, boat trip, helicopter flight or other aircraft ride, and/or any other excursion or activity involving road, air or water transport arranged by us for participation by the Customer during or in relation to any Event.
2.4 “Additional event terms” means the supplementary terms that may be applicable to additional events, pursuant to Clause 11.1.
2.5 “Agent” means an employee, partner, director, agent or representative of a company or other legal entity.
2.6 “Content” means all materials, data, information and products provided as, relating to or forming part of the Event.
2.7 “Event” means, without limitation, tournaments, master-classes, mini-tournaments, training days or camps, social networking events, conferences, exhibitions, conventions, congresses, summits, seminars, webinars, meetings, round table workshops, award dinners or lunches, private or bespoke training and Additional events.
2.8 “Event Confirmation” means our acceptance of your registration for a place at the relevant Event in writing (including by electronic mail).
2.10 “Intellectual Property” means copyright, trade-marks, database rights and/or any other intellectual property rights as recognised in any jurisdiction.
2.11 “Registered Participant” means an individual who has registered with us to attend or access an Event, either in their own personal capacity, or as an Agent.
2.12 “Representatives” means our suppliers, content providers, licensors and other suppliers, officers, employees, partners, affiliates, subsidiaries, sub-contractors, successors and assigns, agents or representatives.
2.13 “Software” means the Intellectual Property in any software that is made available for download from our websites relating to an Event or Content.
3. Registered Participant
3.1 In order to access an Event (or specific Content within certain websites for the purposes of attending an Event), you must register with us as a Registered Participant either:
(a) in your own personal capacity, in which case you will be the Registered Participant for the Event, or
(b) as an Agent of a company or other legal entity, in which case such company or other legal entity will be the Registered Participant for the Event.
3.2 In the event that you are an Agent, by agreeing to these Event Terms as set out below, you warrant that you have authority to agree to these Event Terms on behalf of the relevant Registered Participant and the Registered Participant shall be bound by these Event Terms.
4. Registering for an event
4.1 You may request registration of a place at an Event by:
(a) completing a registration form through our website or other form as a “Registered Participant”; or
(b) contacting us through e-mail or telephone in accordance with the instructions from our website; or
(c) contacting our representative at an Event that you are already attending to register a place on another Event (including an additional event in accordance with Clause 11 below).
4.2 When requesting registration as set out above, you must provide us with accurate and complete information. It is your responsibility to inform us of any changes to that information (including, without limitation, your email address where requested), by updating your details on the relevant section of the applicable website or contacting us using contact details on the applicable website or such other contact information as is provided to you in any Event Confirmation (as defined below). If you do not provide accurate and complete information in connection with your registration, we may not be able to provide you with access to the Event or Content that you request or that are suitable to you. It is also your responsibility to inform us of any special access requirements at the time of requesting registration of a place at an Event.
5. Confirmation of your booking
5.1 All registrations for an Event (requested pursuant to Clause 4 above) are subject to availability and acceptance by us, which shall be at our absolute discretion. In the event that we accept your requested registration and subject to first receiving all reasonable information that we may require from you, we shall confirm our acceptance of your registration by issuing an Event Confirmation to you.
5.2 Upon the issuing by us of the Event Confirmation to you, there will be a legally binding contract between you and us to which these Events Terms and Conditions shall apply.
5.3 Please read these Event Terms and Conditions carefully which may be amended in accordance with Clause 18 below. It is your responsibility to bring these Events Terms and Conditions to the attention of anyone who may, through you, register a place at an Event or view or use any Content. It is also your responsibility to bring the Events Terms and Conditions to the attention of the relevant company or other legal entity where that company or other legal entity is the Registered Participant. If you have any questions regarding these terms with any of the Roskill Events then please contact us at: info@theascotianclub.com.
6. Fees
6.1 The applicable fees for an Event shall be published by us on our website and/or in any of our other publications and we shall confirm such fees in our Event Confirmation pursuant to Clause 5 above. You shall pay the applicable fees in accordance with the instructions contained in the Event Confirmation.
6.2 Any applicable taxes such as value added taxes shall be in addition to the fee and you shall be notified of any such taxes in the Event Confirmation.
6.3 Fees for an Event are correct at the time of publication, but we reserve the right to amend the fees at any time but shall not affect any registrations for which an Event Confirmation has already been issued pursuant to Clause 5.1 above.
7. Payment policy
Registrations can only be confirmed upon receipt of payment or proof of payment and discounted fees will only apply when payment is received within the offer period. If payment is not received before the Event, you will be asked to guarantee payment at registration with a personal credit card. Late payments made after the conference will be subject to an additional administration fee of 10% of the booking price.
8. Changes to an event
8.1 Whilst our Event programmes are correct at the time of publication, in certain circumstances, it may be necessary for us to alter the format, content, venue and/or timing of an Event. All Registered Participants shall be notified of such changes prior to an Event.
8.2 We reserve the right to delete or change any aspect of the Content and/or any of the technical specifications relating to an Event or any aspect of the same. You agree and acknowledge that such changes may result in you being unable to access the whole or any part of an Event for some time but we shall remedy this in accordance with our cancellation and refund policy.
9. Cancellations and Refunds
9.1 If you cannot attend an Event for which you have registered, please contact the designated person outlined in the Event Confirmation in writing as soon as possible (and in any event no later than 24 hours before the Event). We may at our absolute discretion allow you to send a substitute in your place (provided we have received the details of such substitute) or allow you to attend the next available Event.
9.2 If you wish to cancel your attendance at an Event, you must notify us in writing to info@allcourttennisclub.com and the following cancellation charges shall apply as follows:
A full refund will be given with no cancellation charge on cancellations received 48 hours prior to the event.
Thereafter we regret that no refunds can be made and clause 9.1 will apply.
9.3 We may in exceptional circumstances need to postpone or cancel an Event and we shall notify you as soon as reasonably practicable of any such postponement or cancellation and issue you a full refund as is necessary. Subject to the following paragraph, our liability to you as a result of any cancellation or postponement of an Event shall be limited to the value of your original ticket for the Event only (excluding the value of Third-Party Events as defined below) and we will not be liable for any additional expenditure, loss or damages incurred by you as a result of such cancellation or postponement.
HOWEVER, REFUNDS ARE NOT GIVEN FOR POSTPONEMENT OR CANCELLATION OF AN EVENT AS A RESULT OF THE WEATHER (SEE CLAUSE 9.4 ABOUT EXCHANGING TICKETS FOR WEATHER-RELATED CANCELLATIONS)
9.4 Subject to clause 9.5, if an Event is cancelled or postponed by us because of the weather, you will be entitled to exchange your ticket with the nearest value to your original ticket (rounded-up) for any other of our Events, subject to availability and providing us notice as set out below. There is a 14-month time limit on exchanging tickets in this way commencing from the date of the cancelled or postponed Event due to weather.
9.5 The value of your original ticket for the purposes of clauses 9.3 and 9.4 does not include the value of a ticket for any event or tournament that is owned or operated by someone other than us (“Third-Party Events”). Further, any delay, cancellation or postponement of Third-Party Events is entirely a matter between you and the owner, organiser or ticketing entity in charge of your ticket to the Third-Party Event. For illustrative purposes only: If you buy a ticket from us for US$500 for an ‘bundled’ event that includes a day at a racquets venue with coaching organised by us (to the value of US$200) and a ticket to the ATP 1000 event “Indian Wells Masters” (to the value of US$300) to value of your original ticket for the purposes of clauses 9.4 and 9.5 shall be US$200.
9.6 Your ability to exchange into a particular Event a particular date and time will be subject to the availability of spaces at that Event on that date and time. This will be assessed at the point when we are processing your request for an exchange.
9.7 If you are eligible to exchange pursuant to this clause 9 you must write to us at info@allcourttennisclub.com within 48 hours of our notification to you in clause 9.3 stating your original booking order number, name, address and preferred date you wish to exchange into.
10. Technical Support
10.1 You are responsible for procuring the necessary equipment and the payment of telephone and other charges necessary to access and/or use any Events or Content (where applicable). We are not responsible for the reliability or continued availability of the telephone lines and equipment you use to access and/or use any Event or Content.
10.2 it is your responsibility to ensure that our technology is compatible with your systems prior to registering for an Event. We are not liable or responsible for any technical issues which may arise as a result of your failure to ensure compatibility of our technology with your systems. Similarly, we are not liable or responsible for any delay, disruption or disturbance in the operation of the internet or problems caused by your Internet Service Provider or for any telecommunications failures which are beyond our control and/or 24-hour access to such an Event due to downtime for repairs, maintenance and/or repairs to our website.
11. Additional Events
11.1 On occasion, we may offer you the opportunity to attend an Additional event. If you attend an Additional event then there may be the occasional circumstance where the additional event Terms shall be deemed to apply to such additional event. Such Additional event terms can be found in the brochures provided to you when you register to attend an Additional event.
12. Registered Participant responsibilities
12.1 It is the sole responsibility of the Registered Participant to ensure that they are properly insured which should include adequate Personal Accident and Travel insurance prior to attending any Event requiring travel abroad. As a matter of good order, the Registered Participant should also ensure that they have Employer’s Liability and/or Public Liability insurance cover as is most appropriate.
12.2 The Registered Participant is also responsible for ensuring that they have all necessary up to date travel documentation, including but not limited to visas and other entry permits into any jurisdiction and they comply with all health formalities and any applicable laws in any jurisdiction where the Event is being held.
13. Use of content, trademarks, photography and videography
13.1 All rights in and to the Event and Content relating to an Event belong to us, our group companies or our third-party content providers and are protected by the Intellectual Property laws of the UK, US and other countries. We may license third parties to use the Content at our sole discretion.
13.2 You may use the Content solely for your own personal use and benefit and not for resale or other transfer or disposition to any other person or entity. You may not use, reproduce, modify, transfer, exploit, distribute or dispose of any Content for any commercial purposes, whether indirect or direct, nor in any manner that might compete with our business.
13.3 The trade mark ‘Ascotian‘, “All Court Tennis Club” “Ascotian All Court Tennis Club” and “All Court Tennis Club” is the property of Tennis Tournaments Limited. This mark may be not be used without the express prior written permission of the owners.
13.4 Save for where provided otherwise in these Events Terms, distributing, sharing, copying, posting, scanning, forwarding, selling, publishing, retransmitting or otherwise providing access to any part of the Content to anyone without our express prior written permission, is not authorised and may be a violation of copyright law, including the UK Copyright, Designs and Patents Act 1988.
13.5 Any request for permission to republish, reprint or use for any other purpose any of the Content or our trade marks should be sent to info@theascotianclub.com.
13.6 By attending the event you consent that the Club may display and use any photographs or video footage taken by our contracted photographers of you from our event for advertising, display, website and internet promotion at our discretion.
14. Your obligations
14.1 The Events are not intended for users of under eighteen (18) years of age, and such individuals are not permitted to be Registered Participants.
14.2 Without prejudice to Clause 3.2 above, you represent and warrant that:
(a) you have the capacity to agree to these Event Terms; and
(b) you are at least eighteen (18) years of age.
14.3 You undertake that you will:
(a) comply with all applicable laws in relation to the Events and/or your use of the Content including without limitation, laws relating to the use of Intellectual Property;
(b) not use the Content outside the scope of permitted use under Clause 13 above and will not infringe any Intellectual Property or other rights in or relating to the Events or Content of any third party;
(c) not copy, reproduce, recompile, decompile, disassemble, reverse engineer, upload, download, transmit, create derivative works from or otherwise exploit or tamper with any of our websites in relation to an Event or, subject to Clause 13.5 , any Software or other software embodied in any of our websites relating to an Event or the Content;
(e) conduct yourself in an appropriate business-like manner when attending an Event;
(f) not record, film or take photographs at the Event unless expressly permitted by us; and
(g) comply fully with these Event Terms (including, without limitation, the obligations set out in Clause 13 , and any additional copyright notices, restrictions or terms of use contained in our website in relation to any Event or Content).
14.4 We reserve the right, without any liability, to refuse you admission or eject you from an Event for failure to comply with these Event Terms; or if in our opinion you represent a security risk, nuisance or annoyance to the running of the Event.
14.5 You acknowledge and agree that we may take photographs and videos of you at an Event and use such photos and images in our Content, website, Instagram or other social media or forms of marketing. If you do not wish for your photograph to be taken at an Event please contact us at info@theascotianclub.com.
15. Our obligations
15.1 Subject to and without limitation to Clause 16 , we will exercise reasonable skill and care in our provision of the Events provided to Registered Participants, but from time to time faults may occur, in which case we will use reasonable efforts to repair them as soon as reasonably practicable.
15.2 We will endeavour to ensure Events are priced correctly on the websites or other publications (or otherwise in the Content). However, errors may occur. If such a pricing error is discovered, we reserve the right to give you the option of either cancelling your place for any particular Event or reconfirming your order at the correct price.
16. Disclaimers and Limitations of liability
16.1 Nothing in these Event Terms shall exclude or limit our liability for fraud or intentional unlawful conduct by us, or death or personal injury resulting from our negligence and the remaining provisions of this Clause 16 below.
Our events may include open forums and the content of papers, talks, speeches and presentations given by guest speakers and any opinions expressed therein are the responsibility of the speakers concerned and are not endorsed by us or our Events. We disclaim all liability for any tort or damage arising out of any statement or opinion made in any paper or presentation by any guest author or speaker.
16.2 To the maximum extent permitted by the applicable law, neither we, nor any of (our Representatives) will be liable to you for:
(a) any incidental, punitive, indirect, special or consequential damage, loss or expenses, including but not limited to any loss of business, contracts, revenue, or profits, any business interruption, security breach, loss of data, loss of goodwill or reputation or other pecuniary loss suffered by you, even if we or any of our Representatives have been advised of their possible existence, arising in connection with these Event Terms; or
(b) any direct damage loss or expenses arising from loss of customers, loss of profits, loss of anticipated profits or loss of savings, arising in connection with these Event Terms;
16.3 Without prejudice to Clause 25 below, 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 16 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.
16.4 Without prejudice to the limitation of liability provisions above, in the event that you incur any loss, damage or expense arising out of your use of any Events and/or Content, you agree that our liability to you shall be limited to the higher of (a) the total amounts paid by you to us for the Event, and (b) the sum of £200.
17. Indemnity
You agree to indemnify and hold us, our Representatives, harmless against all costs, claims, damages, liability and expenses (including any professional fees) which we might incur by reason of a breach by you of these Events Terms and Conditions including, without limitation, any of the warranties, representations and undertakings in Clause 14 above. For the avoidance of doubt, this indemnity shall extend (without limitation) to any losses which we may suffer as a result of the use by third parties of any user name and password issued to you by us, except in circumstances where you can demonstrate to our satisfaction that such third party obtained the relevant details through no fault (including, without limitation, negligence) of your own.
18. Changes to these terms
Notwithstanding Clauses 5.3 , 6.3 and 7 , we may make amendments to the provisions of these Events Terms and Conditions from time to time. Any amendments will be notified to you by being posted on our website and material changes will be emailed to our Registered Participants. It is your responsibility to refer regularly to these Events Terms and Conditions and note any amendments. Amendments will come into effect immediately on the amended Events Terms and Conditions being posted on this website and you will be deemed to have accepted them if you access a website after that time. If you do not wish to accept them, you must cancel these Events Terms and Conditions as described below.
19. Termination
19.1 Either party may terminate this agreement in accordance with Clause 9 above, Cancellations and Refunds.
19.2 We may terminate this agreement with immediate effect without providing notice to you, if you commit a breach of the Events Terms and Conditions.
19.3 Cancellation of your access to an Event and use of any Content shall not affect any provision of this agreement which is expressly or by implication intended to come into effect or to continue in effect after such cancellation or expiry.
19.4 Cancellation of your access to an Event and use of any of the Content on these Events Terms and Conditions shall not affect our right to receive any outstanding sums due to us at the date of cancellation, which sums shall be payable within fifteen (15) days of such cancellation.
20. No Waiver
Failure by any party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
21. Entire agreement
These Events Terms and Conditions (including any terms incorporated by reference in these Events Terms and Conditions, which shall include without limitation our Club Rules for members), constitute the entire agreement between you and us with respect to your access to and use of any Event and/or Content and supersede all prior agreements, negotiations and discussions between you and us relating to the same.
22. Law and jurisdiction
22.1 Where you are a Registered Participant for an Event, these Event Terms (and any dispute or claim arising out of or in connection with these terms, including non-contractual disputes or claims), to the maximum extent permissible under the law of the territory that you are located in, will be governed by the laws of England and Wales and will be subject to the non-exclusive jurisdiction of the English courts.
23. Force Majeure
We shall not be deemed to be in breach of these Event Terms by reason of any delay in performing, or any failure to perform any service or our obligations in relation to these Event Terms, if the delay or failure was due to any cause beyond our reasonable control, including but not limited to acts of God, explosions, floods, fire or accident, war or threat of war, terrorism or threat of terrorism, sabotage, civil disturbance, epidemics, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, or industrial actions or trade disputes (whether involving our employees or of third parties).
24. Assignment and Sub-contracting
24.1 You may not assign, sub-license or otherwise transfer any of your rights under these Events Terms and Conditions without our prior written consent.
24.2 We may assign, sub-contract or transfer any and all of our rights and obligations under these Events Terms and Conditions to any group company or any entity who acquires a substantial part of the assets of our business without your prior written consent.
24.3 Without prejudice to Clause 24.2 , we may sub-contract delivery of an Event to any group company who operates the business relating to the relevant information, publication or data product forming part of that Event.
25. Severability
If any provision of these Events Terms and Conditions is found to be wholly or partially invalid, void or unenforceable by any court having competent jurisdiction or by virtue of any legislation or any other reason, that provision shall be invalid, void or unenforceable to that extent only and no further and the validity and enforceability of the remaining provisions of these Events Terms and Conditions shall not be affected.
26. Notices
Any notice which is required to be given pursuant to these Events Terms and Conditions shall be made by email or first class post, in the case of you, to the address provided on your registration form and, in the case of us, to the address posted on the relevant website or otherwise notified to you in relation to any relevant Event. Any such notice shall be deemed to have arrived if sent by post within three (3) days of posting and if sent by email at the time of transmission.
27. Third Party Rights
No term of these Events Terms and Conditions is intended to be enforceable by any person other than you (or the Registered Participant, where you are an Agent) or us.
28. Headings
Headings in these Events Terms and Conditions are for convenience only and will have no legal meaning or effect.
