Background:
This agreement applies as between you, the User of thisWebsite and My Sporting Times Ltd, the owner(s) of this Website. Your agreementto comply with and be bound by these Terms and Conditions is deemed to occurupon your first use of the Website. If you do not agree to be bound by theseTerms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute acontractual offer capable of acceptance. Your order constitutes a contractualoffer and our acceptance of that offer is deemed to occur upon our sending adispatch email to you indicating that your order has been fulfilled and is onits way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have thefollowing meanings:
“Account” means collectively the personal information,Payment Information and credentials used by Users to access Paid Content and /or any communications System on the Website;
“Carrier” means any third party responsible for transportingpurchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video,software, data compilations and any other form of information capable of beingstored in a computer that appears on or forms part of this Website;
“Goods” means any products that My Sporting Times Ltdadvertises and or makes available for sale through this Website;
“itab” means itab trading name of My Sporting Times Ltd ofThe Studio, Butlers Lands Farm, Mortimer, Reading, RG7 2AG;
“Service” means collectively any online facilities, tools,services or information that My Sporting Times Ltd makes available through theWebsite either now or in the future;
“Payment Information” means any details required for thepurchase of Goods from this Website. This includes, but is not limited to,credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders,invoices, dispatch notes, receipts or similar that may be in hard copy orelectronic form;
“Premises” Means our place of business located at MySporting Times Ltd of The Studio, Butlers Lands Farm, Mortimer, Reading, RG72AG;
“System” means any online communications infrastructure thatMy Sporting Times Ltd makes available through the Website either now or in thefuture. This includes, but is not limited to, web-based email, message boards,live chat facilities and email links;
“User” / “Users” means any third party that accesses theWebsite and is not employed by My Sporting Times Ltd and acting in the courseof their employment; and
“Website” means the website that you are currently using www.makeitpersonal.io, www.spartantab.com, www.muddertab.com
2. Placing an Order
By placing an order with us you will be deemed to have read,understood and agreed to these Terms and Conditions. If you are unhappy with orunclear about any aspect of these terms, please contact us before placing anorder either by telephone on 0118 93332761, by email at info@makeitpersonal.ioor by post using the address given below. Calls to us are charged at UKlandline rates. All our calls may be recorded for training and monitoringpurposes.
By placing an order via this website you are making an offerto My Sporting Times Ltd to purchase the goods detailed in your order upon theterms described in your order.
Once you have placed an order we will send you aconfirmation that your order has been received but this is not a confirmationthat your offer to purchase the goods has been accepted. A contract between youand My Sporting Times Ltd for the sale of our products will only exist once anorder has been accepted, processed and dispatched to you. This does not affectyour statutory rights.
Prices and availability of goods are subject to changewithout notice. All dates quoted for delivery are estimated delivery dates onlyand may be subject to change. We can accept no liability for any loss or damage(whether direct or indirect) if delivery takes place at any time other than theestimated date for delivery.
3. Age Restrictions
Persons under the age of 18 should use this Website onlywith the supervision of an Adult. Payment Information must be provided by orwith the permission of an Adult.
4. Business Customers
These Terms and Conditions also apply to customers buyingGoods in the course of business.
5. International Customers
If Goods are being ordered from outside My Sporting TimesLtd’s country of residence, import duties and taxes may be incurred once yourGoods reach their destination. My Sporting Times Ltd is not responsible forthese charges and we undertake to make no calculations or estimates in thisregard. If you are buying internationally, you are advised to contact yourlocal customs authorities for further details on costs and procedures. As thepurchaser of the Goods, you will also be the importer of record and as suchshould ensure that your purchase is in full compliance with the laws of thecountry into which the Goods are being imported. Please be aware that Goods maybe inspected on arrival at port for customs purposes and My Sporting Times Ltdcannot guarantee that the packaging of your Goods will be free of signs oftampering.
6. Intellectual Property
6.1 Subject to the exceptions in Clause 6 of these Terms andConditions, all Content included on the Website, unless uploaded by Users,including, but not limited to, text, graphics, logos, icons, images, soundclips, video clips, data compilations, page layout, underlying code andsoftware is the property of My Sporting Times Ltd, our affiliates or otherrelevant third parties. By continuing to use the Website you acknowledge thatsuch material is protected by applicable United Kingdom and International intellectualproperty and other laws.
6.2 Subject to Clause 7 you may not reproduce, copy,distribute, store or in any other fashion re-use material from the Websiteunless otherwise indicated on the Website or unless given express writtenpermission to do so by My Sporting Times Ltd.
7. Third Party Intellectual Property
7.1 Unless otherwise expressly indicated, all IntellectualProperty rights including, but not limited to, Copyright and Trademarks, inproduct images and descriptions belong to the manufacturers or distributors ofsuch products as may be applicable.
7.2 Subject to Clause 7 you may not reproduce, copy,distribute, store or in any other fashion re-use such material unless otherwiseindicated on the Website or unless given express written permission to do so bythe relevant manufacturer or supplier.
8. Fair Use of Intellectual Property
Material from the Website may be re-used without writtenpermission where any of the exceptions detailed in Chapter III of the CopyrightDesigns and Patents Act 1988 apply.
9. Links to Other Websites
This Website may contain links to other sites. Unlessexpressly stated, these sites are not under the control of My Sporting TimesLtd or that of our affiliates. We assume no responsibility for the content ofsuch websites and disclaim liability for any and all forms of loss or damagearising out of the use of them. The inclusion of a link to another site on thisWebsite does not imply any endorsement of the sites themselves or of those incontrol of them.
10. Links to this Website
Those wishing to place a link to this Website on other sitesmay do so only to the home page of the site www.makeitpersonal.io without priorpermission.
11. Use of Communications Facilities
11.1 When using the enquiry form or any other System on theWebsite you should do so in accordance with the following rules:
11.1.1 You must not use obscene or vulgar language;
11.1.2 You must not submit Content that is unlawful orotherwise objectionable. This includes, but is not limited to, Content that isabusive, threatening, harassing, defamatory, ageist, sexist or racist;
11.1.3 You must not submit Content that is intended topromote or incite violence;
11.1.4 It is advised that submissions are made using theEnglish language(s) as we may be unable to respond to enquiries submitted inany other languages;
11.1.5 The means by which you identify yourself must notviolate these Terms and Conditions or any applicable laws;
11.1.6 You must not impersonate other people, particularlyemployees and representatives of My Sporting Times Ltd or our affiliates; and
11.1.7 You must not use our System for unauthorisedmass-communication such as “spam” or “junk mail”.
11.2 You acknowledge that My Sporting Times Ltd reserves theright to monitor any and all communications made to us or using our System.
11.3 You acknowledge that My Sporting Times Ltd may retaincopies of any and all communications made to us or using our System.
11.4 You acknowledge that any information you send to usthrough our System or post on the enquiry form may be modified by us in any wayand you hereby waive your moral right to be identified as the author of suchinformation. Any restrictions you may wish to place upon our use of suchinformation must be communicated to us in advance and we reserve the right toreject such terms and associated information.
12. Accounts
12.1 In order to purchase Goods on this Website and to usethe enquiry form facilities you are required to create an Account which willcontain certain personal details and Payment Information which may vary basedupon your use of the Website as we may not require payment information untilyou wish to make a purchase. By continuing to use this Website you representand warrant that:
12.1.1 all information you submit is accurate and truthful;
12.1.2 you have permission to submit Payment Informationwhere permission may be required; and
12.1.3 you will keep this information accurate andup-to-date.
Your creation of an Account is further affirmation of yourrepresentation and warranty.
12.2 It is recommended that you do not share your Accountdetails, particularly your username and password. My Sporting Times Ltd acceptsno liability for any losses or damages incurred as a result of your Accountdetails being shared by you. If you use a shared computer, it is recommendedthat you do not save your Account details in your internet browser.
12.3 If you have reason to believe that your Account detailshave been obtained by another without consent, you should contact My SportingTimes Ltd immediately by telephone on +44 1302 249 323 or by email atinfo@makeitpersonal.io to suspend your Account and cancel any unauthorisedpurchases that may be pending. Please be aware that purchases can only becancelled until they are dispatched. In the event that an unauthorised purchaseis dispatched prior to your notifying us of the unauthorised nature of thepurchase, My Sporting Times Ltd accepts no liability or responsibility and youshould make contact with the Carrier detailed in the Purchase Information.
12.4 When choosing your username you are required to adhereto the terms set out above in Clause 11. Any failure to do so could result inthe suspension and/or deletion of your Account.
13. Termination and Cancellation
13.1 Either My Sporting Times Ltd or you may terminate yourAccount. If My Sporting Times Ltd terminates your Account, you will be notifiedby email and an explanation for the termination will be provided.Notwithstanding the foregoing, we reserve the right to terminate without givingreasons.
13.2 If My Sporting Times Ltd terminates your Account, anycurrent or pending purchases on your Account will be cancelled and will not bedispatched.
13.3 My Sporting Times Ltd reserves the right to cancelpurchases without stating reasons, for any reason prior to processing paymentand dispatch.
13.4 If purchases are cancelled for any reason prior todispatch you will be refunded any monies paid in relation to those purchases.
13.5 If you terminate your Account any non-dispatchedpurchases will be cancelled and you will be refunded any monies paid inrelation to those purchases.
14. Goods, Pricing and Availability
14.1 Whilst all reasonable effort has been made to ensurethat graphical and photographic representations and descriptions of Goodsavailable from My Sporting Times Ltd correspond to the actual Goods, MySporting Times Ltd is not responsible for any variations from thesedescriptions. This does not exclude our liability for mistakes due tonegligence on our part and refers only to variations of the correct Goods, notdifferent Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
14.2 We take every care to ensure that the description andspecification of our products are correct at the time of going to press.However, specifications and descriptions of products on this website are notintended to be binding and are intended only to give a general description ofthe products. Furthermore, while the colour reproduction of the products is aclose representation, we cannot accept any responsibility for any variation incolour caused by the browser software or computer system used to view theproducts.
14.3 Where appropriate, you may be required to select therequired size, colour number and other features of the Goods that you arepurchasing.
14.4 All pricing information on the Website is correct atthe time of going online. My Sporting Times Ltd reserves the right to changeprices and alter or remove any special offers from time to time and asnecessary.
15. Delivery
15.1 My Sporting Times Ltd will notify you by way of emailwhen your goods are to be dispatched to you. The message will contain detailsof estimated delivery times in addition to any reasons for a delay in thedelivery of the Goods purchased by you.
15.2 If My Sporting Times Ltd receives no communication fromyou, within 10 working days of dispatch, regarding any problems with the Goods,you are deemed to have received the Goods in full working order and with noproblems.
16. Returns Policy
My Sporting Times Ltd aims always to provide high qualityGoods that are fault free and undamaged. We want you to be delighted with yourpurchase. On occasion however, Goods may need to be returned. Please refer tothe ‘Returns Policy’ section of the Website.
17. Privacy
Please see our Privacy Policy which contains importantinformation about the use of your personal data and other information regardingyour privacy. To view the Privacy Policy, please click on the link above.
18. Disclaimers
18.1 My Sporting Times Ltd makes no warranty orrepresentation that the Website will meet your requirements, that it will be ofsatisfactory quality, that it will be fit for a particular purpose, that itwill not infringe the rights of third parties, that it will be compatible withall systems, that it will be secure and that all information provided will beaccurate. We make no guarantee of any specific results from the use of ourServices.
18.2 No part of this Website is intended to constituteadvice and the Content of this Website should not be relied upon when makingany decisions or taking any action of any kind.
18.3 No part of this Website is intended to constitute acontractual offer capable of acceptance.
18.4 Whilst My Sporting Times Ltd uses reasonable endeavoursto ensure that the Website is secure and free of errors, viruses and othermalware, all Users are advised to take responsibility for their own security,that of their personal details and their computers.
19. Changes to the Service and these Terms and Conditions
My Sporting Times Ltd reserves the right to change theWebsite, its Content or these Terms and Conditions at any time. You will bebound by any changes to the Terms and Conditions from the first time you usethe Website following the changes. If My Sporting Times Ltd is required to makeany changes to Terms and Conditions relating to sale of Goods by law, thesechanges will apply automatically to any orders currently pending in addition toany orders placed by you in the future.
20. Availability of the Website
20.1 The Service is provided “as is” and on an “asavailable” basis. We give no warranty that the Service will be free of defectsand / or faults. To the maximum extent permitted by the law we provide nowarranties (express or implied) of fitness for a particular purpose, accuracyof information, compatibility and satisfactory quality.
20.2 My Sporting Times Ltd accepts no liability for anydisruption or non-availability of the Website resulting from external causesincluding, but not limited to, ISP equipment failure, host equipment failure,communications network failure, power failure, natural events, acts of war orlegal restrictions and censorship.
21. Limitation of Liability
21.1 To the maximum extent permitted by law, My SportingTimes Ltd accepts no liability for any direct or indirect loss or damage,foreseeable or otherwise, including any indirect, consequential, special orexemplary damages arising from the use of the Website or any informationcontained therein. Users should be aware that they use the Website and itsContent and Goods at their own risk.
21.2 Nothing in these Terms and Conditions excludes orrestricts My Sporting Times Ltd’s liability for death or personal injuryresulting from any negligence or fraud on the part of My Sporting Times Ltd.
21.3 Nothing in these Terms and Conditions excludes orrestricts My Sporting Times Ltd’s liability for any direct or indirect loss ordamage arising out of the incorrect delivery of Goods or out of reliance onincorrect information included on the Website.
21.4 Whilst every effort has been made to ensure that theseTerms and Conditions adhere strictly with the relevant provisions of the UnfairContract Terms Act 1977, in the event that any of these terms are found to beunlawful, invalid or otherwise unenforceable, that term is to be deemed severedfrom these Terms and Conditions and shall not affect the validity andenforceability of the remaining Terms and Conditions. This term shall applyonly within jurisdictions where a particular term is illegal.
22. No Waiver
In the event that any party to these Terms and Conditionsfails to exercise any right or remedy contained herein, this shall not beconstrued as a waiver of that right or remedy.
23. Previous Terms and Conditions
In the event of any conflict between these Terms andConditions and any prior versions thereof, the provisions of these Terms andConditions shall prevail unless it is expressly stated otherwise.
24. Third Party Rights
Nothing in these Terms and Conditions shall confer anyrights upon any third party. The agreement created by these Terms andConditions is between you and My Sporting Times Ltd.
25. Communications
25.1 All notices / communications shall be given to useither by post to our Premises (see address above) or by email toinfo@makeitpersonal.io. Such notice will be deemed received 3 days afterposting if sent by first class post, the day of sending if the email isreceived in full on a business day and on the next business day if the email issent on a weekend or public holiday.
25.2 My Sporting Times Ltd may from time to time send youinformation about our products and/or services. If you do not wish to receivesuch information, please click on “Unsubscribe” on the Website.
26. Law and Jurisdiction
These Terms and Conditions and the relationship between youand My Sporting Times Ltd shall be governed by and construed in accordance withthe Law of England and Wales and My Sporting Times Ltd and you agree to submitto the exclusive jurisdiction of the Courts of England and Wales.