These Terms and Conditions specifically govern the creation of Accounts by Users and the use of this Website by Users and Members, including Advertisers.
1.1 "Account" means the account created on Registration of this Website by a User.
1.2 "Advertisers" mean companies and/or individuals that wish to advertise on this Website.
1.3 "Articles" mean any articles and/or news, personal or professional profiles Uploaded by Planet Netball on behalf of the Member and organised into different categories on this Website.
1.4 "Comments" means comments written by Members and Uploaded by Planet Network;
1.7 "Content" means all text, scripts, information, documents, graphics, digital files, photographs, mobile content, sounds, music, audios, or audio-visual files, videos, and interactive features contained on this Website.
1.8 "Events" mean the events listed on this Website.
1.9 "Intellectual Property Rights" or "IPRs" mean any copyright or rights of a similar nature, unregistered and registered trade marks, service marks, unregistered designs, registered designs, performance rights, image rights or rights in sound recordings (including the right to register any such rights).
1.10 "Jobs Listed" "Job Listing" mean the jobs listed on this Website.
1.11 "Materials" mean any and all videos, photographs, e-books, text, Profiles, Articles, Job Listings, Events, Comments, scripts, information, mobile content, sounds, music, audios, or audio-visual files, and interactive features.
1.12 "Media" means any and all multi media channels, videos, photographs, animations, sound and music contained on this Website.
1.13 "Member" "Members" or "you", "your" means a User that has completed the Registration process on this Website to become a member by gaining full access to or use of the Services on this Website.
1.14 "Parties" mean the User and/or Member.
1.15 "Payment" means payment by the Member and/or Advertiser in accordance with Clause 8.
1.17 "Registration" "Registering" "Register" means registration of the User as a Member on this Website to create the Member's Account in accordance with Clause 4.
1.18 "Review" means a review of products on this Website;
1.19 "Services" means the provision of this global netball news hub.
1.20 "Upload" means uploading of Materials including Articles and Advertisements by Planet Netball onto this Website.
1.21 "User" means a User accessing this Website via a computer or mobile device. The User's access to this Website will be limited to viewing limited Content only. In order to access all Content on this Website and submit Materials onto this Website, the User will have to complete the Registration process on this Website to become the Member. The User may be a representative of a company, or may represent a local organisation or community, in which case the User takes full responsibility for that representation.
1.22 "Website" means the website with URL www.planet-netball.com.
1.23 "Planet Netball" or "the Company" "we" "our" mean Planet Netball Ltd.
2 Your Acceptance
2.1 These Terms and Conditions are the legally binding terms and conditions on the User, Member and/or Advertiser in order to browse, access, submit Materials, submit Job Listings, Advertise and/or use the Services on this Website respectively. The User, Member and/or Advertiser browsing, accessing, submitting Materials, and/or using the Services, submitting Job Listings and/or advertising on this Website respectively will be bound by the following:
2.1.1 These Terms and Conditions found at http://www.planet-netball.com/terms-a-conditions;
2.2 The Member will be required to accept these Terms and Conditions before the Registration process is completed, thereby forming a legally binding contract with Planet Netball.
2.4 The User affirms that the User is over 16 years of age (or the legal age to accept these Terms and Conditions in the jurisdiction in which the User accesses the Website). Whilst this Website is not restricted to Users over the age of 16, any User aged 16 or under (or the legal age to accept these Terms and Conditions in the jurisdiction from which the User accesses the Website) that wishes to register on this Website to become the Member must have permission from a parent or legal guardian to be able to fully and competently enter into the conditions, obligations, affirmations and warranties set out in these Terms and Conditions. Users must at all times be honest about their age when registering. If it is proved that the User has given false information in order to become a Member, that User may, at the sole discretion of Planet Netball, be barred for life from registering as a Member of this Website.
2.5 Only Users and/or Members that are permitted under the laws of the jurisdiction in which they access the Website shall be permitted to accept these Terms & Conditions and continue using this Website.
3.3 Planet Netball uses Google Analytics on its WebPages. When you access this Website via a browser or application Google servers automatically record certain information.
4 Registration - User
4.1 The User may browse this Website without any Registration, however, in order to gain full access to this Website, the User will have to Register to become a Member as there are certain areas which are only available for Members to access.
"PLANET NETBALL IS A GLOBAL NETBALL NEWS HUB AND IS PROVIDED FREE OF CHARGE. ALL WE ASK IS THAT YOU SIGN UP TO BECOME A MEMBER OF THE WEBSITE WHICH INCLUDES RECEIVING A MONTHLY EMAIL NEWSLETTER AND OCCASIONAL SPECIAL OFFER NOTIFICATIONS. SO WHEN YOU REGISTER AS A MEMBER, YOU ALSO OPT IN TO RECEIVE OUR NEWSLETTER AND SPECIAL OFFERS. YOU MAY CHANGE THIS SETTING TO OPT OUT, ON YOUR PROFILE PAGE ONCE YOU HAVE REGISTERED."
4.4 When the User presses 'submit', a message will appear asking the User to check the User's inbox. Once the User completes the Registration process, an e-mail will be sent to the User to validate the User's e-mail address. The User must click on the link and follow the steps/prompts to complete the Account creation process. This link will take the User back to the Website, which will inform the User that another email has been sent to the User's inbox containing the User's details and password. Once this has been done, the User will have full Registration and will become a Member. The User will then be able to log into the Website using the login details provided by Planet Netball.
4.5 When the User is asked to complete the Registration process on this Website to become a Member, the Member will be able to access all Content, as well as change password and/or Profile details on the User's Profile page.
4.6 IF THE USER IS 16 YEARS OF AGE OR UNDER, IN ORDER TO COMPLETE THE REGISTRATION PROCESS, THE USER IS REQUIRED TO ENSURE THAT THE USER'S PARENT OR GUARDIAN HAS READ AND AGREED TO THESE TERMS AND CONDITIONS. Agreement is signified by clicking on the "Agree"/ "I accept" button.
4.7 When Registering the User must provide accurate and complete information.
4.8 It is important that a Member keeps the password secure and confidential.
4.9 Planet Netball will restrict the use of vulgar, inappropriate and offensive words.
5 Registration – Advertiser
5.1 A User does not have to Register as a Member to advertise on this Website.
6 Registration – Job Listings and Events
6.1 A User does not have to Register as a Member to submit Job Listings and/or Events onto this Website
7 Member's Obligations
7.2 Each Member warrants with Planet Netball that the information provided at Registration in accordance with Clause 4 above, is true and accurate to the best of the Member's knowledge.
7.3 Each Member warrants with Planet Netball that the information provided after completion of the Registration process in order to create a Profile Page on this Website, is true and accurate to the best of the Member's knowledge.
7.5 The Member agrees warrants and undertakes with Planet Netball and accepts that:-
7.5.1 The Articles have been created by the Member and accepts that once an Article is Uploaded by Planet Netball onto this Website, the Member will not be able to remove the Article from this Website.
7.5.2 The Member will not submit any videos that infringe any third party's IPR's;
7.6 The User and Member agree, warrant and undertake with Planet Netball:-
7.6.2 To regularly check the Website and to keep abreast of any changes notified and/or made by Planet Netball to these Terms and Conditions;
7.6.3 Not to use false, inaccurate or misleading information on Registration and/or in the use of the Services on this Website;
7.6.4 Not to be offensive, indecent, obscene, pornographic, menacing, abusive, defamatory or in poor taste;
7.6.5 Not to involve the sale of counterfeit or stolen items;
7.6.6 Not to be in breach of any applicable laws or regulations;
7.6.7 Not to cause or act in a manner likely to cause Planet Netball to be liable in any way to Planet Netball's Internet Service Provider or other suppliers;
7.6.8 Not to cause the Website to be interrupted, damaged or impaired in anyway;
7.6.9 That Planet Netball may terminate these Terms and Conditions should the Member's eligibility to receive the Services change in such as way that could cause damage to Planet Netball;
7.6.10 That Planet Netball has absolute discretion in relation to the look and feel and Content of this Website and Planet Netball shall have the right to remove any Materials from this Website at its sole discretion;
7.6.11 That the Member will not be able to access the Profile of other Members.
8.1 All prices are displayed in GBP.
8.2 PAYMENT WILL BE MADE FOR THE TIME BEING BY INTERNET TRANSFER INTO THE ACCOUNT OF PLANET NETBALL.
9 Planet Netball Membership Accounts - Members
9.1 In order to submit Materials such as Articles, Videos or Audio files onto this Website or gain access to such Materials, the User will first have to become a Member and create an Account.
9.3 The Member will be solely accountable to Planet Netball for all activities taking place in connection with the Member's Account.
9.4 The Member will not be entitled to use another Member's Account without permission.
9.6 Planet Netball will not be liable to the Member for any losses incurred by the Member as a result of unauthorised use of the Member's Account. The Member may be liable to Planet Netball for any losses incurred by Planet Netball due to such unauthorised use by the Member.
10 Planet Netball's Obligations
10.1 Planet Netball is responsible for providing the Services on this Website to the Parties with care and professionalism.
10.2 Planet Netball will endeavour to have the Website running efficiently and accessible at all times.
10.3 Planet Netball shall endeavour to establish and maintain reasonable safeguards against the destruction, loss or unauthorised alteration of this Website and shall institute security procedures to restrict unauthorised access to this Website, data and data files, including any back up material.
10.4 For the avoidance of doubt, Planet Netball gives no warranties as to the quality of the Services available on this Website and/or the suitability of any of such Services for a particular purpose. Planet Netball shall not be liable in anyway whatsoever in the event that the User and/or Member does not deem the Services to be beneficial.
10.5 Planet Netball will not be responsible for any unscheduled downtime which may occur as a result of Planet Netball servers experiencing technical problems, or the need to carry out emergency maintenance work.
10.6 Neither Planet Netball nor any other party has control over the Internet which is a global decentralised network of computer systems. Interruptions to the Website's availability may occur due to causes beyond the control of Planet Netball, such as system malfunction or failures of third parties. In these circumstances, Planet Netball will use its reasonable endeavours to restore the service as soon as reasonably practicable.
10.7 Planet Netball will use reasonable endeavours to restore any faults in the Services as soon as reasonably practicable, it being accepted by the User or Member that: using the Internet for any business purpose is an inherently unstable means of communication, there is always a risk that communications by electronic means may not reach their intended destination or may do so much later than intended for reasons outside Planet Netball 's control, and that it is technically impossible to provide the Service entirely free of fault at all times.
10.8 Planet Netball reserves the right to remove any Article from this Website which is infringing any IPR's once such allegations are verified.
10.9 Planet Netball reserves the right to remove any Article from this Website where it is reported and or alleged that the Article is infringing any IPR's prior to verification of such reports and/or allegations.
11 Cooling Off Period
11.1 ONCE THE PAYMENT HAS BEEN MADE THE SERVICES SHALL BE ACTIVATED AND THERE SHALL BE NO REFUND OF THE PAYMENT.
12 General Use of this Website – Permissions and Restrictions.
12.1 Planet Netball grants the User access to, and the Member permission to use this Website provided that:
12.1.2 The User and/or Member act responsibly in using this Website and treat other Users and/or Members with respect;
12.1.3 The User and/or Member do not alter or modify any part of this Website;
12.1.4 The Member does not submit Materials through any unauthorised means or technology;
12.1.5 The User does not access Content through any unauthorised means or technology;
12.1.6 The User and/or Member do not exploit this Website by submitting Materials for any commercial activity other than those permitted by this Website, without the prior written authorisation of Planet Netball. Commercial activity includes, but is not limited to:
126.96.36.199 Sale or access to this Website or its services on another website;
188.8.131.52 Sale of advertisements on ANY website targeted to the Materials Uploaded onto this Website or the Content;
184.108.40.206 Such other activities that Planet Netball may specify from time to time.
12.2 The User and/or Member must not impersonate another person's identity or misrepresent the User, and/or the Member's own identity or affiliation including using another's personal details, password, account name, email or other such information held as part of the Member's profile.13 Use of Content on the Website
13.1 In addition to the Terms and Conditions of this Website, the following restrictions and conditions apply directly to the User and/or Member on this Website respectively:-
13.1.1 Planet Netball owns all Content on this Website including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, except content arising out of or in connection with advertisements and Materials submitted by Advertisers and/or Members which shall belong to such Advertiser and Members respectively;
13.1.2 Planet Netball is not responsible for the websites to which Planet Netball is linked, neither for websites which provide a link to this Website, and does not assume any affiliation with any other websites unless otherwise stated;
13.1.3 In the event that Planet Netball offers software to download, we will not transfer ownership of the software title to the Member. Members may not use or decompile the software.
13.1.4 The Member will be prohibited from submitting any Materials that are not original and/or owned or licensed to the Member for use on this Website;
13.1.5 For the avoidance of doubt, any Comments made and Uploaded to this Website by Planet Netball on behalf of the Member are made in the Member's personal capacity and Planet Netball shall not be liable in anyway whatsoever for the display, broadcast, sale, dissemination, reproduction or exploitation of any such Comments.
14 Intellectual Property
14.1 This Website and any and all IPRs are owned by Planet Netball save in respect of any IPRs belonging to any licensor, advertisers, partners, investors, sponsors and/or Members of this Website.
14.2 The Member and/or Advertiser acknowledge and agree that Planet Netball owns all IPRs, right, title and interest in the Planet Netball trade mark, Content and Website (save where any such IPRs are owned by a licensor of Planet Netball and in relation to the Materials Uploaded onto the Website).
14.3 The Member and Advertiser warrant, acknowledge and agree with Planet Netball:
14.3.1 Not to submit Materials infringing any IPRs on this Website.
14.3.2 To use the Planet Netball trade mark on any promotional marketing or packaging material whether in hard or electronic format, only in accordance with the express prior written consent of Planet Netball;
14.3.3 That the Advertiser and Member are the legal owners of all the IPRs and/or possess a valid licence to use the IPRs in the Materials and/or advertisements provided by or submitted to this Website by the Member and/or Advertiser respectively and the use of the Member and/or Advertiser's IPRs by Planet Netball will not infringe the IPRs owned by any third party and that there is and will be no claim against Planet Netball by any third party arising out of and/or in relation to the Member and/or Advertiser's IPRs;
14.4 Planet Netball, the Member and/or Advertiser warrant, acknowledge and agree with each other:
14.4.1 That in the event that Planet Netball becomes aware of any infringement of any of the Member, Advertiser and/or Planet Netball's IPRs and/or or passing off actions, Planet Netball will immediately notify the Member and/or Advertiser as soon as reasonably practicable;
14.4.2 That in the event of any infringement and/or passing off in accordance with Clause 14.4.1 and at the request of Planet Netball, Planet Netball shall have full conduct of the proceedings and the Member and/or Advertiser will not at any time admit liability or otherwise settle or attempt to settle the said claim or action except with the written consent of Planet Netball, such consent not to be unreasonably withheld;
14.4.3 That the Member and/or Advertiser shall give Planet Netball such assistance as it shall reasonably require in respect of the conduct of the proceedings including without prejudice to the generality of the foregoing the filing of all pleadings and other court process and the provision of all relevant documents.
15 Use of Materials Uploaded
15.1 The Member and/or Advertiser may submit Materials and/or advertisements onto this Website respectively. The Member and/or Advertiser acknowledge, represent and warrant that:-
15.1.1 The Member and/or Advertiser own all Intellectual Property Rights in and to the Materials and/or advertisements submitted by the Member and/or Advertiser and/or has obtained all necessary licenses, rights, consents, and permissions which are required under law to enable Planet Netball and its successors or assigns to display, broadcast, use, reproduce, prepare derivative works of, perform any and all of the Materials and/or advertisements submitted by the Member and/or Advertiser in connection with this Website, in any Media or disseminate or distribute such Materials and/or advertisements submitted by the Member and/or Advertiser in connection with this Website;
15.1.2 The Member and/or Advertiser will be solely responsible for the content of Materials and/or advertisements submitted to this Website by the Member and/or Advertiser and for any consequential losses including any loss of profit or loss of business by Planet Netball that may arise from submitting such Materials and/or advertisements by the Member and/or Advertiser respectively. Planet Netball shall not be liable to the Member and/or Advertiser, or person claiming through any Member and/or Advertiser for any disclosure or exploitation of the Materials and/or advertisements being Uploaded onto this Website by Planet Network on behalf of the Member and/or Advertiser.
15.2 The Member is not permitted to submit any Materials to Planet Netball to Upload if the Member does not own or have not obtained the necessary consents to use such Materials. Any such Materials that contravene the Terms and Conditions of this Website will be removed and the Member may be prosecuted.
15.3 Planet Netball reserves the right to remove any Materials and/or advertisements from this Website which infringe any IPR's once such allegations are verified.
15.4 Planet Netball reserves the right to remove any Materials and/or advertisements from this Website where it is reported and/or alleged that such Materials are infringing any IPR's prior to verification of such reports and/or allegations.
16.1 Planet Netball makes no representations that:
16.1.1 MATERIALS AND/OR ADVERTISEMENTS SUBMITTED BY THE MEMBER AND UPLOADED BY PLANET NETBALL ON THIS WEBSITE ARE FREE FROM DEFECT, IN PARTICULAR, INFRINGEMENT OF ANY IPRs;
16.1.2 MEMBERS AND/ADVERTISERS THAT HAVE SUBMITTED MATERIALS AND/OR ADVERTISEMENTS TO BE UPLOADED BY PLANET NETBALL ON THIS WEBSITE HAVE THE APPROPRIATE AUTHORITY, CONSENT AND/OR LICENCE TO DO SO OR THAT SUCH MATERIALS AND/OR ADVERTISEMENTS DO NOT INFRINGE ANY IPRs;
17.1 The Member represents and warrants with Planet Netball that the Member has sufficient rights in the Materials to grant Planet Netball the right to use them on this Website once Uploaded;
17.2 The Advertiser represents and warrants with Planet Netball that the Member has sufficient rights in the advertisements to grant Planet Netball the right to use them on this Website once Uploaded;
17.3 Whilst Planet Netball shall endeavour to ensure that this Website is functioning at all material times, Planet Netball does not warrant that this Website will be fully functional at all times. Planet Netball reserves the right to suspend, restrict, or terminate this Website service without offering a reason.
17.4 Whilst Planet Netball intends to display accurate Content on this Website, Planet Netball neither makes nor gives any representations or warranties, express or implied, about this Website or any material, information or hypertext links on this Website, including, but not limited to, accuracy, completeness, legality, suitability for purpose, functionality, reliability, availability, speed of access or timeliness.
18 Prohibited Material.
18.1 The Member will not submit or store on this Website any Materials, software and/or databases, which may violate any third party or Planet Netball's IPRs, which violates the laws of the United Kingdom or which are lewd, offensive, defamatory, harassing, derogatory or otherwise objectionable. The Member will not submit or store on this Website any Materials, software and/or databases, which may violate the laws of the country in which the Member accesses this Website or Materials are Uploaded onto this Website as the case maybe.
19 Licence, Representation and Warranty.
19.1 By Planet Netball Uploading Materials onto this Website for the Member, the Member hereby grants to Planet Netball an irrevocable, perpetual, non-exclusive, royalty-free, world-wide, transferable sub-licence and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform any and all of the Materials Uploaded by Planet Netball, profiles and quotes in connection with this Website, Planet Netball and its successors' business or assigns, including without limitation, for promoting and redistributing part or all of this Website (and derivative works thereof) in any Media format and through any Media without any requirement of prior permission from the Member with or without being attributed to the Member. The Member hereby grants to each User or Member of this Website a non-exclusive licence to access the Materials through this Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Materials as permitted through the functionality of this Website and under these Terms and Conditions.
20 Removal Right.
20.1 All Materials that are submitted by Members are subject to approval by Planet Netball. Materials will be checked by Planet Netball on a random basis. The Member expressly agrees that Planet Netball may remove, disable or restrict access to or the availability of any Materials from this Website (including, but not limited to, Materials which the Member has submitted and which are Uploaded onto this Website or stored) which Planet Netball believes, in good faith and in Planet Netball's sole discretion, violate Planet Netball's Terms and Conditions. Prohibited Materials include but is not limited to Materials which are:
20.1.1 Patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
20.1.2 Harass or advocate harassment of another individual(s);
20.1.3 Exploit people in a sexual or violent manner;
20.1.4 Contain nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
20.1.5 Solicit confidential or personal information from anyone under 18;
20.1.6 Publicly posts information that poses or creates a privacy or security risk to any person;
20.1.7 Constitute or promote information that the Member knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
20.1.8 involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
20.1.9 Involve the use of the Planet Netball domain name as a pseudonymous return email address for any communications which you transmit from another location or through another person compromises any right of a third party such as copyright infringement, patent, trademarks, and other proprietary rights, or distributing another's personal information without their personal permission, or for publicity;
20.1.10 Contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
20.1.11 Further or promote any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, theft, child pornography, sexual assault, violating someone's privacy, or providing or creating computer viruses;
20.1.12 Solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; or
20.1.13 Involve commercial activities and/or sales without prior written consent from Planet Netball.
20.2 Planet Netball is under no obligation to any User and/or Member and therefore may refuse to remove any Materials submitted to this Website and Uploaded by Planet Netball.
21 Disclaimer of Materials.
21.1 Planet Netball does not endorse the content of any Materials, opinion, recommendation or advice Uploaded onto this Website by Planet Netball on behalf of the Member and expressly excludes any and all liability in connection with the Uploading of such Materials.
21.2 Planet Netball does not endorse the content of any advertisements located on this Website.
21.3 For the avoidance of doubt, Planet Netball may display and Review products on this Website.
22 Limitation of liability
22.1 It is Planet Netball's policy not to tolerate any acts of intellectual property infringement or violations of the laws of the United Kingdom or any other applicable laws. Planet Netball will use all reasonable endeavours to remove, disable, or restrict access to or availability of Materials and/or advertisements that Planet Netball subjectively considers to be infringing. The provisions of Clause 2 are intended to implement these Terms and Conditions but do not impose a contractual obligation on Planet Netball to undertake, or refrain from undertaking, any particular course of conduct.
22.2 Planet Netball will not be liable if the Member submits unauthorised Materials to this Website which are Uploaded by Planet Netball.
22.3 Nothing in these Terms and Conditions shall exclude or in any way limit either party's liability for fraud, death or personal injury caused directly by the other party's negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law or their servants, agents or employees. Subject to this:-
22.3.1 The maximum aggregate liability of Planet Netball in contract, tort (excluding defamation), negligence, pre-contract or other representations or otherwise arising out of or in connection with these Terms and Conditions or the performance or observance of its obligations under these Terms and Conditions, and every applicable part of it shall be limited in aggregate to the value of the Payment to Planet Netball by the Member or Advertiser under these Terms and Conditions.
22.4 Save in respect of Clause 22.3, Planet Netball will not be liable to the Member and/or Advertiser under these Terms and Conditions for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort, breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known. Under no circumstances will a party, its officers, directors, employees, or agents be liable to the other for any damages, including, without limitation, direct, indirect or consequential loss or damage of any kind however caused and whether arising under contract, tort or property damage to the fullest extent permitted by law.
22.5 Under no circumstances shall Planet Netball its officers, directors, employees, or agents be liable for any bugs, trojan horses, viruses, or the like which may be transmitted to or through this Website by any third party.
22.6 THIS WEBSITE IS MADE AVAILABLE TO THE USER, MEMBER AND/OR ADVERTISER ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, ACCURACY OF ANY CONTENT ON THE WEBSITE. FOR THE AVOIDANCE OF DOUBT, PLANET NETBALL EXPRESSLY EXCLUDES (TO THE FULLEST EXTENT PERMITTED BY LAW) ANY WARRANTIES AS TO THE QUALITY AND/OR SUITABILITY OF ANY OF THE MATERIALS AND/OR ADVERTISEMENTS ON THIS WEBSITE, AND AS TO WHETHER THEY ARE SUITABLE FOR A PARTICULAR PURPOSE. PLANET NETBALL SHALL NOT BE LIABLE IN ANYWAY WHATSOEVER IN THE EVENT THAT THE USER, MEMBER AND/OR ADVERTISER DO NOT DEEM THE CONTENT, MATERIALS AND/OR ADVERTISEMENTS TO BE BENEFICIAL OR FOR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
23.1 Under no circumstances shall Planet Netball, its officers, directors, employees, or agents be liable to the Member and/or Advertiser in the event that any Materials and/or advertisements on this Website submitted by any Member and/or Advertisers respectively are held to infringe any third party's Intellectual Property Rights.
23.2 Planet Netball, its officers, directors, employees, or agents neither make nor give any representations or warranties express or implied as to the quality, suitability or authenticity of any Materials and/or advertisements submitted by any Member and/or Advertiser respectively on this Website.
23.3 The Member and/or Advertiser agree to indemnify and keep Planet Netball indemnified against any and all claims for infringement of any Intellectual Property Rights brought by a third party as a result of the Member and/or Advertiser's use of this Website.
24 Complaint Procedures:
. In order for Planet Netball to respond effectively, please provide Planet Netball with as much detail as possible, including:
24.1.1 The nature of the right infringed or violated (including the registration numbers of any registered trade marks or patents allegedly infringed);
24.1.2 All facts which lead the User and/or Member to believe that a right has been violated or infringed;
24.1.3 The precise location where the offending Materials are located;
24.1.4 Any grounds on which you believe that the person who posted the Materials was not authorised to do so or did not have a valid defence (including the defence of fair use); and
24.1.5 If known, the identity of the person or persons who submitted the infringing or offending Materials Uploaded onto this Website;
24.2 Planet Netball reserves the right, but has no obligation to remove any Materials except where Planet Netball is obligated under the law and reserves the right to remove any Materials, whenever, and for no reason whatsoever.
25.1 Subject to Clauses 23.3 and 23.4, the Member and/or Advertiser agree to defend, indemnify and hold harmless Planet Netball, its officers, directors, employees, and agents from and against all claims which may be asserted against Planet Netball, including but not limited to, any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from:-
25.1.1 The Member and/or Advertiser's use of this Website;
25.1.2 Submitting unauthorised Materials and/or advertisements which are Uploaded onto this Website; and
25.1.3 Any User, Member and/or Advertiser's violation of these Terms and Conditions.
26 Data Protection and Confidentiality
26.1 Planet Netball has notified the Information Commissioner in the United Kingdom for the purposes of the Data Protection Act 1998 and will comply with its provisions.
26.3 The User, Member and/or Advertiser's data used by Planet Netball will be stored in a database in accordance with the provisions of the Data Protection Act 1998.
27.1 During the term of these Terms and Conditions and for a period of 2 years thereafter, the Member agrees to keep all information that the Member obtains about Planet Netball and its business, finances, technology and affairs ("Confidential Information"), strictly confidential.
27.2 The provisions of this Clause 27 shall not apply to:
27.2.1 Information that has come into the public domain other than by breach of this clause or any other duty of confidence; and/or
27.2.2 Information that is obtained from a third party without breach of this clause or any other duty of confidence; and/or
27.2.3 Information disclosed to the professional advisers of either party, provided that such advisers are under an obligation of confidentiality no less onerous than that contained in this Clause 27; and/or
27.2.4 Information that is known by either party, in connection with the other party, and which has been disclosed to either party by a third party, other than a Member or Planet Netball or a contractor of either of them and not in breach of any duty of confidentiality; and/or:
27.2.5 Information that is trivial or obvious; and/or
27.2.6 Information that is required to be disclosed by a government body or court of competent jurisdiction or by operation of law or in order to comply with the rules of a recognised stock exchange.
28.1 Planet Netball is responsible for the security of this Website.
29 Links to third party websites
29.1 This Website provides links to other third party sites on the Internet. These sites may contain information or material that some people may find inappropriate, offensive or irrelevant. These other sites are not under the control of Planet Netball, and by continuing to use this Website the User and/or, Member acknowledge and agree that Planet Netball is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or their privacy policies. The inclusion of such links does not imply endorsement of such sites by Planet Netball or any association with their operators.
29.2 By using a third party website, the User and/or Member expressly relieve Planet Netball of any and all liabilities arising out of or in connection with such use.
29.3 The User and/or Member acknowledge and agree that Planet Netball is not responsible for the availability of any third party sites. Furthermore, Planet Netball does not endorse any advertising, products or other materials available from any third party sites.
29.4 The User and/or Member acknowledge and agree that Planet Netball is not liable for any loss or damage which may be incurred by Users and/or Members as a result of the availability of any third party sites, or as a result of any reliance placed by Users and/or Members on the completeness or accuracy of any advertising, products or other materials available from any third party sites.
30 Site availability
30.1 Planet Netball will endeavour to have this Website running efficiently and accessible at all times. However, Users, Advertisers and/or Members will be notified on the homepage of this Website of any times when this Website may be unavailable due to scheduled maintenance work.
30.2 Planet Netball will not be responsible for any unscheduled downtime which may occur as a result of its servers experiencing technical problems, or the need to carry out emergency maintenance work.
30.3 Neither Planet Netball nor any other party has control over the Internet which is a global decentralised network of computer systems. Interruptions to this Website's availability may occur due to causes beyond the control of Planet Netball, such as system malfunction or failures of third parties. In these circumstances, Planet Netball will use its reasonable endeavours to restore the service as soon as reasonably practicable.
31 Termination and Consequences
31.1 These Terms and Conditions will continue in force until terminated by the Member or Planet Netball in accordance with Clause 31.3 below.
31.3 Planet Netball may terminate its legal agreement with the Member immediately if:
31.3.2 Planet Netball is required to do so by law;
31.3.3 Planet Netball elects to terminate access to this Website to the Member situated in the country in which the Member is resident or from which the Member may wish to access this Website;
31.3.4 The Member submits any unlawful or offensive Materials or any Materials containing any libellous reports which are Uploaded by Planet Netball onto this Website;
31.3.5 The User is found to be manipulating this Website by doing, but not limited to, hacking, using Trojan programmes, attempting to launch automated systems, spiders or offline readers;
31.3.6 The User and/or Member attempt to harvest personal information located on this Website;
31.3.7 The User and/or Member use this Website for non-agreed commercial purposes;
31.3.8 THE USER AND/OR MEMBER EXHIBIT ANY OTHER UNREASONABLE BEHAVIOUR THAT THREATENS THIS WEBSITE; or
31.3.9 The Member requests to be de-registered.
31.4 For the avoidance of doubt, if the Member de-registers in accordance with Clause 31.3.9, Planet Netball, its directors, staff or agents will not be responsible for the accuracy of any Materials Uploaded to this Website.
31.5 In the event of termination of these Terms and Conditions:
31.5.1 Planet Netball shall immediately suspend further provision of the Services in connection with the Member.
31.5.2 For the avoidance of doubt, the licences granted to Planet Netball by the Member pursuant to Clause 19 of these Terms and Conditions shall continue in force.
31.5.3 Any termination of these Conditions (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination and Clauses 7, 15, 16, 17, 19, 21, 22, 25, 27, 31 and 32 any other clauses which by their nature are intended to survive, shall survive expiry or termination of these Conditions.
31.6 In the event of termination of these Terms and Conditions:
31.6.1 Planet Netball shall immediately suspend further provision of the Services in connection with the Member
31.6.2 For the avoidance of doubt, the licences granted to Planet Netball by the Member pursuant to Clause 19 of these Terms and Conditions shall continue in force.
31.6.3 Any termination of these Conditions (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination and Clauses 17, 19, 20, 23, 25, 26, 27, 28, 30, 34 and 36 any other clauses which by their nature are intended to survive, shall survive expiry or termination of these Conditions.
32 Website Disclaimer
32.1 PLANET NETBALL MAKES NO REPRESENTATIONS THAT CONTENT OR MATERIALS ON THIS WEBSITE ARE APPROPRIATE IN LOCATIONS OUTSIDE THE UNITED KINGDOM, AND ACCESSING THEM FROM TERRITORIES WHERE THE CONTENTS ARE ILLEGAL IS PROHIBITED. USERS AND MEMBERS OF THIS WEBSITE WHO CHOOSE TO ACCESS THIS WEBSITE FROM OTHER LOCATIONS WILL BE DOING SO ON THEIR OWN INITIATIVE AND WILL BE RESPONSIBLE FOR COMPLIANCE WITH DOMESTIC LAWS.
32.2 PLANET NETBALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE TO THE USER, MEMBER "AS IS" WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT AND/OR MATERIALS ON THIS WEBSITE.
32.3 PLANET NETBALL SHALL NOT BE RESPONSIBLE FOR ANY ADVICE GIVEN BY THIRD PARTIES ON THIS WEBSITE, WHETHER GENERAL OR SPECIFIC, AND THE USER AND/OR MEMBER AGREES TO INDEMNIFY PLANET NETBALL IN RESPECT OF ANY ACTIONS OR CLAIMS AGAINST PLANET NETBALL ARISING IN ACCORDANCE WITH THESE CLAUSES.
33 Entire agreement and severability
33.2 If any clause of these Terms and Conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect. If the User and/or Member breaches these Terms and Conditions and we take no action against the User and/or Member, we will not be considered to have given up our rights to pursue any legal remedy in relation to the alleged or actual breach according to these Terms and Conditions.
34 Force Majeure
34.1 Planet Netball shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:
34.1.1 acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster;
34.1.2 war, invasion, act of foreign enemies, hostilities, (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
34.1.3 Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.
35 RIGHTS OF THIRD PARTIES
35.1 Notwithstanding any other provision in these Terms and Conditions a person who is not a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions. Nothing in these Terms and Conditions shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.
36.1 The Member will not be entitled to assign the benefit of these Terms and Conditions in whole or in part to any party, save that either party shall be entitled to assign the benefit of these Terms and Conditions in whole or in part to an affiliate provided that such assignee agrees to abide by the terms of these Terms and Conditions and does so abide by the terms of these Terms and Conditions. On any breach of these Terms and Conditions by the Member, these Terms and Conditions shall, automatically reassign to the assignor, who shall be liable as guarantor for any past breaches by its assignee.
37.1 The failure to exercise or delay in exercising a right or remedy under these Terms and Conditions shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies and no single or partial exercise of any right or remedy under these Terms and Conditions shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. The rights and remedies contained in these Terms and Conditions are cumulative and not exclusive of any rights or remedies provided by law.
37.1.1 The invalidity, illegality or unenforceability of any provision of these Terms and Conditions shall not affect or impact the continuation in force of the remainder of these Terms and Conditions.
37.1.2 Nothing in these Terms and Conditions shall be construed as creating a partnership or joint venture of any kind between the parties.
37.1.3 These Terms and Conditions may be executed in any number of counterparts each of which when executed and delivered shall be an original but all the counterparts together shall constitute one and the same instrument.
37.1.4 Each party undertakes with the other to do all things reasonably within its power which are necessary or desirable to give effect to the spirit and intent of these Terms and Conditions.
37.1.5 The parties hereto shall and, shall use their respective reasonable endeavours to procure, so far as they are able, that any necessary third parties shall execute and perform all such further deeds, documents, assurances, acts and things as any of the parties hereto may reasonably require, by notice in writing to the other to carry the provisions of these Terms and Conditions into effect.
38 Jurisdiction and choice of law
38.1 These Terms and Conditions shall be governed by the laws of England and Wales and the User and/or Member agrees to submit to the exclusive jurisdiction of the English courts. The User and/or Member accepts that nothing in this clause shall prevent Planet Netball from seeking and enforcing any injunctive relief in any country where this Website is accessible to prevent any infringement of any laws or rules in such countries.
39.1 The Member acknowledges that the Member has read and accepts these Terms and Conditions of use of this Website.
Date of latest amendment May 2011