Terms and Conditions

SightRight Global Cue Sports Network Terms of Use and Privacy Policy

Scope of Terms: General, Parties, Service & Products

SightRight Global Cue Sport’s Network is a trading style of SightRight (UK) Ltd, herein referred to as SRGCSN’s for Service and Products in these terms.

By registering for the SRGCSN (‘Service’) or using the Service or purchasing and using SightRight Products (‘Products’) you or an entity you represent accept these terms. If you do not accept the terms, you or the entity you represent are not entitled to use the Service and Products.

You or the entity you represent are referred to as ‘You’. If you are concluding an agreement on behalf of an entity, you warrant having the right to conclude a binding agreement on behalf of the entity you represent. If you are not yet 18 years old, you need to get an acceptance from your legal guardians to use the Service and accept the Terms.

1 Contents of Service and Products

The SRGCSN, (Service) and any content viewed through our service, is solely for your personal and non-commercial use. With your SRGCSN Subscription we grant you a limited, non-exclusive, non-transferable, license to access the SRGCSN and view your Course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

SRGCSN may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as any products and copies of such materials, whether made in accordance with these Terms of Service or otherwise.

The Service may include third-party advertisements or other links to third-party websites or services.

If you use such links, you exit the Service and move to the third party service at your own risk. SRGCSN is not liable for these advertisements or third-party websites and services. SRGCSN may send you marketing communications related to the Service or other equivalent services. You may refuse from offers and notifications directly from the messages you have received.

SRGCSN may change the Service in any way at any time at its sole discretion. SRGCSN may temporarily shut down the Service or suspend access to the Service e.g. for the purposes of installation, change or maintenance work or due to security risk or if SRGCSN suspects misuse. If possible, and considered necessary, SRGCSN informs You about the shutdown or suspension by e-mail, in the Service or on SRGCSN website.

The necessary devices, software and telecommunication networks (such as connections to the mobile network) needed for the use of the Service are not part of the Service. You are responsible for acquiring the necessary devices, connections and software to use the Service as well as for their security and updates according to the interoperability requirements given by SRGCSN The use of any devices and software or information / material possibly causing disturbances in the Service must be ceased immediately.

2 Right to Use: Service & Products

Provided that You are not in breach of these Terms, You are granted a non-exclusive and non-transferable right to use the designed functionalities of the Service and Products for the designed purpose of the Service and Products. The Service may be used with a device or devices (such as a computer or mobile phone) (‘Device’). 2.1 Restrictions:

The right to use is restricted by the following terms:

i) You shall not copy temporarily or permanently the Service or Product in any format, in whole or in part, except as instructed by SRGCSN for the use of the Service and Product.

ii) You shall not reverse engineer, modify, copy, repair or change the Service or Product or create derivative works of the Service or Product, attempt to analyze source code or underlying ideas or thoughts related to the Service or Product or software to a greater extent than required from you by law.

iii) The Service or Product shall not be rented, sublicensed, reassigned or transferred to any third party, and You may not permit the Service or Product to be used or accessed by any third party.

iv) The copyright or trademark or other signs, images or marks within the Service and Product may not be removed, covered or amended. Neither the advertisements in the Service may be removed, covered or amended.

v) The electronic or written material provided by SRGCSN or included in the Service (“Documentation”) shall not be copied or amended.

vi) You may not endeavor to break into any parts of the Service or Product.

vii) You may not impersonate anyone else or use a false name.

3 User Account, Identification, Passwords

Usage of the Service requires the use of a personal username and password (“Identification Objects”).

SRGCSN has the right to change the Identification Objects at any time. Changes may be necessary due to e.g. unforeseen data security events.

SRGCSN does not store passwords in textual form and therefore cannot disclose them to You.

The Identification Objects remain in the possession of SRGCSN

The Identification Objects may not be assigned or disclosed to any third parties. You must store the Identification Objects diligently. You are solely responsible for any use of the Service by using them. You shall inform us immediately of any unauthorised use of Your account or an attempt of an unauthorised use.

4 Use of the Service and Your Liability

SRGCSN delivers the Service on an ‘as is’ basis and disclaims any other warranties with regard to the Service or its non-erroneousness or that all the data and other material in the Service does not contain viruses or other harmful objects, unless required by law. SRGCSN may correct the errors also by bypassing the error or supplying to You instructions on how to bypass the error. Errors that are caused by

i) Your misuse, failure to follow usage instructions or external causes;

ii) Your devices, data networks or software shall not be considered as errors in the Service.

You are liable for all costs related to the data transfer while using the Service.

4.1 Fees / Subscriptions / Recurring Subscriptions

To the extent the Service or any portion thereof is made available for any fee or subscription, you will be required to select a payment plan and provide SRGCSN information regarding your credit card or other payment instruments. You represent and warrant to SRGCSN that such information is true and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay SRGCSN the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorise SRGCSN to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let SRGCSN know within fourteen (14) days after the date charged.

We reserve the right to change SRGCSN prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

4.2 Recurring Subscriptions – Monthly / Annual

If you select a Service with an auto-renewal feature (“Recurring Subscription”), you authorize SRGCSN to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that SRGCSN is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, SRGCSN, may, in its sole discretion:

(i) bill you for your Service and suspend your access to the Service until payment is received, and/or

(ii) seek to update your account information through third-party sources (i.e., you bank or a payment processor) to continue charging your account as authorized by you.

4.3 Recurring Subscriptions – Price Changes

SRGCSN may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.

4.4 Non Refundable Payments

Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period.

5 Information Content and the Use of the Service

5.1 General

You are liable for the content you add to the Service and the information and material delivered to third parties via the Service, as well as the validity and use of such information. You cannot add illegal information or information in breach of third party rights to the Service.

SRGCSN has the right to remove your information or suspend your access to the Service if SRGCSN suspects You are in breach of the terms or if the law or authorities so require.

5.2 Right Of Use

SRGCSN has the right to use all information produced by the use of the Service to enable the operation of the Service, to remedy any eventual errors, to develop and amend the Service and to fulfill and use the rights and obligations of these Terms.

SRGCSN also has the right to use the data produced by the use of the Service anonymously to develop the SRGCSN business and for marketing purposes. We may e.g. use the data in the Service for statistics on bookings and clients in the Service and other subjects that do not reveal the client or user identity.

SRGCSN’s right of use continue after the Terms have expired or terminated.

6 Terms and Conditions of Sale of Goods

By purchasing from SightRight (UK) Ltd, you are confirming that you are either over the age of 18 or have full consent from a supervising adult. SightRight (UK) Ltd may require proof of identification before accepting your order. These are the terms and conditions on which we supply goods to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

7 Are You a Business Customer or a Consumer?

In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

i) You are an individual. or

ii) You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

If you are a business customer a separate agreement is available and these terms are only applicable for individual consumer customers.

8 Our Contract With You

8.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

8.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods. This might be because the goods is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified. The right to accept or decline your order is at our discretion.

9 Our Goods

9.1 Goods May Vary Slightly From Their Pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.

9.2 Goods Packaging May Vary from that shown in images on our website.

9.3 Your Rights to Make Changes

If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).

9.4 Our Rights to Make Changes

We may need to make minor changes to the goods to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the goods.

10 Providing the Goods

10.1 Delivery costs. Postage and carrier charges are calculated based on the delivery address and total weight of the order. The payment of any customs and excise duties and /or import taxes are not included; these costs will be your responsibility.

10.2 When we will provide the goods. For UK deliveries: we aim to dispatch the goods within 24 hours (excluding weekends, UK Holidays and Bank Holidays) of your order being accepted. For deliveries outside of the UK, including The Isles: expected delivery dates are dependent upon the destination country.

10.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.

10.4 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.

10.5 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.

11 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us.

11.1 When you own goods. You own the goods once we have received payment in full.

11.2 Reasons we may suspend the supply of the goods to you. We may have to suspend the supply of goods to deal with technical problems or make minor technical changes; update the goods to reflect changes in relevant laws and regulatory requirements;

11.3 Costs of Return. We will pay the costs of return if the goods are faulty or mis-described;

11.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.

11.5 How We Will Refund You If you are entitled to a refund under these terms we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

12 Price and Payment for Goods

12.1 Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the goods you order.

12.2 VAT We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.

12.3 You must pay for the goods before we dispatch them.

13 Our Responsibility for Loss or Damage Suffered by You if You are a Consumer

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at clause 1; and for defective goods under the Consumer Protection Act 1987

14 Data Protection

These Terms apply to the handling of personal data (‘Personal Data’). The terminology used in this Data Protection Document is equivalent to the European Union General Data Protection Regulation (EU 2016/679). SRGCSN has the right to change these terms, if it is justified because of changes in the legislation or in the interpretation of the legislation or in the changes of SRGCSN business or operational environment.

14.1 Controller and Processor of the Personal Data

SRGCSN will process the personal data and the personal data register to be formed as the processor of the personal data. SRGCSN remains the actual processor. The purpose of the personal data register is to enable:

i) The collection of the data of persons having registered to the events arranged by SRGCSN to the extent that is necessary to arrange the event;

ii) Processing the data produced by any eventual surveys;

iii) Analysis of the data described above to the extent the SRGCSN defines within the limits of the legislation.

14.2 Personal Data Collection

SRGCSN will define what data will be collected for the specific event. SRGCSN collects and files the data pertaining to a specific event as defined by SRGCSN in accordance with the policy drafted by SRGCSN on the processing of personal data. This information may be the name, contact details and if needed, age, gender and other data necessary to register, participate and pay for the event. The data related to the events are handled for a period of time defined by SRGCSN.

14.3 Data Filing

The Personal Data is removed at the latest upon the end user’s request or the termination of the agreement, unless the Personal Data is necessary to be filed for a longer period for example due to payment transfers, other reasons pertaining to SRGCSN’s legitimate benefit or required by legislation. SRGCSN may file and use during the processing and afterwards the data produced by means of anonymisation to develop their operations and products. Anonymisation means editing the data in a way that persons cannot be identified from it by any measure.

14.4 Rights To Your Data

SRGCSN has the right to check on your Device that You have the right to use the Service. SRGCSN will not check any other information than allowed by these Terms.

When You use the Service, cookies will be saved as recognition information on your Device. The Service cookies include the session recognition key. The purpose of the cookies is to recognise you. The data that will be produced when You use the Service is called ‘Log Data’.

You accept that the Service includes functionalities that analyze and send Log Data to SRGCSN and save the Log Data. This kind of Log Data are

i) Personal information given in the Service or uploaded by the SRGCSN on your behalf and the location data and personal data created in the Service;

ii) All data produced by your use, concerning e.g. your booking behaviour and the behaviour before the booking (including e.g. browsing and searching of services and available time slots).

SRGCSN has Access to the personal data you have given in the Service

You will give SRGCSN and its subcontractors the right to access, save, analyze and amend your Log Data and target the advertising and marketing in the Service.

Your Log Data can be located outside the EEA if You use the Service outside the EEA.

SRGCSN has the right to utilise your Log Data also for the technical and commercial development of the Service, other products and other services as well as to remedy errors. If You cancel your acceptance or do not give SRGCSN the Service needs, SRGCSN may be unable to offer You the Service partially or as whole. When using the Service, You accept that the safety of the data transferred via the data network cannot be guaranteed. SRGCSN is not liable for any damages related to the Log Data or other data you transfer to SRGCSN Seller via the data network.

15 Property and Immaterial Rights – Confidentiality

All property and immaterial rights to the Service, the systems and software used to develop the Service, the Documentation and all copies, changes, translations, derivatives and Products are either SRGCSN’s or its licensors’ or vendors’ property.

Immaterial rights shall mean patents, inventions, trademarks, domains right to know-how, copyrights, neighbouring rights and all other immaterial rights in any other jurisdiction in the world, whether registered or not, including all editing rights and passing rights relating to all subjects above.

All non-public information related to the Service, such as the structure of the Service, user interface and the founding ideas of the Service are always SRGCSN’s confidential information and You may not reveal it to third parties or use them without SRGCSN’s written consent to any other purpose except the use of the Service in accordance with these Terms.

16 Processing of Technical Information

16.1 General

The identification information means the information identifiable to the user of the Service and which is processed in the Service and communication networks used by the Service in order to transfer, share or offer messages. The identification information is processed in the following circumstances and in circumstances explicitly allowed by law.

i) The identification information is processed to the extent required for the provision and usage of the Service and taking care of information security.

ii) The identification information is processed for technical development. For this purpose the following types of information are processed: IP address, cookies, user ID, and information on how long the session lasts within different parts of the Service, for 24 months from the Session.

iii) The identification information of network subscriptions, devices and communication network forming part of the Service and other services attached to the Service are processed automatically for statistical analysis, because otherwise the analysis cannot be conducted without unreasonable effort. An individual user cannot be identified based on this analysis data.

iv) The identification information is processed in order to detect and solve unauthorised use of the fee-based information society services, communication network or communication services forming a part of the Service. For this purpose it is especially noted that information generated by the Service can be searched as needed. For example IP address, cookies, user ID, and information on how long the session lasts within different parts of the Service.

v) The identification information is processed in order to solve unauthorised use of the fee-based information society services, communication network or communication services forming part of the Service. The identification information is processed through an automated search function, which can be based on the size of the messages, total size, type, quantity, the method of connection or target addresses. The identification information is processed also manually in the event there is a justified reason to suspect that the Service’s communication network, communication service or a fee-based information society service is used contrary to these Terms or rules given based on the Terms and if

a) a data security anomaly in the communication has been detected by using an automated search function; or

b) The operating costs of fee-based information society services have risen unusually high; or

c) there is an unauthorised device, software or service installed or detected in the communication network; or

d) on a case-by-case basis if another generally noticeable fact, corresponding to 1-3 subsections above, indicates that the communications network, communication service or a fee-based information society service is used contrary to these Terms or rules given based on the Terms.

e) The identification information is processed in order to process identification data necessary for defining fees, necessary for internal billing, necessary for the billing of image recordings, sound recordings and other fee-based services and any other data necessary for billing. For this purpose the following types of information are processed: IP address, cookies, user ID, and information on how long the session lasts within different parts of the Service, for 24 months from the Session.

f) The identification information is processed, if it is necessary to detect, prevent or correct a technical error or fault that occurred in the transmission of communications.

16.2 Persons Processing Identification Information

Detailed processing of identification information is ordered as tasks specifically to certain employees of SRGCSN.

17 Term and Termination

You may stop using the Service at any given time by informing SRGCSN about it via e-mail.

SRGCSN may terminate your right to use the Service at any given time with no prior notice.

SRGCSN may terminate your right to use the Service immediately if you are in material breach of the Terms.

Upon any termination or expiration of the Service us, the provisions relating to the title and Intellectual Property Rights, confidentiality, limitations of liability and governing law and dispute settlement shall survive. Also, any other provisions which by their nature contemplate effectiveness beyond the termination of the Agreement, shall survive the termination.

18 Amendments to the Terms

SRGCSN may amend these Terms at any given time. You will accept the new terms by continuing to use the Service after the Terms have been amended, or otherwise accept them. If you do not accept the amendments, You have the right to stop using the Service whenever by canceling your registration to the Service or informing SRGCSN about it via-email.

19 Liability

Provided the limitation is allowed by law, SRGCSN shall have no liability for any direct or indirect damages such as costs incurred, loss of profit, revenue or savings or damages payable to third parties, loss or alteration of data or costs incurred from recreating the data or from cover purchases.

20 Force Majeure

SRGCSN shall not be liable for delays, defects or damages that are caused by factors due to an impediment beyond SRGCSN’s reasonable control, which SRGCSN cannot reasonably be deemed to have taken into account at the time of the conclusion of the Agreement and the consequences of which SRGCSN could not reasonably have avoided or overcome. Such events of force majeure shall include, without being limited to, natural disasters, unusual weather conditions, fire, earthquakes, terrorist attacks, breakdown of electricity or networks, failures in the internet and other public networks or data traffic, security attacks, strikes and other labor disputes or acts of government or authorities. A labor dispute shall be considered a force majeure event also SRGCSN is the target or a party to such an action. The force majeure events suffered by subcontractors shall also be deemed as force majeure events.

21 Miscellaneous

21.1 Notices

Any notices related to the Service must be made in writing such as by e-mail. SRGCSN may effectively make notifications to You in the user interface of the Service. You guarantee that Your contact details are up to date.

21.2 All Terms

These Terms cover all terms of use of the Service and replace all previous written or oral offers, agreements, negotiations, marketing material and other intentions between You and SRGCSN concerning the subjects of these Terms.

21.3 Use of e-mail

SRGCSN may send you an unencrypted e-mail in text format because SRGCSN acknowledges that most people can easily unencrypted encrypted e-mail. The safety of this communication is further diminished by the fact that misrouted or captured e-mails may be read more easily than encrypted e-mail.

21.4 Severability

If any provision of the Terms is found to be unlawful, the other provisions of the Terms will remain in full force and effect. The Terms shall be interpreted in a manner that the original purpose of the term is maintained to the possible extent.

21.5 Waiver

If SRGCSN does not use a right described in the Terms, it shall not be interpreted in a manner that SRGCSN shall waive its right to use the said right.

21.6 Assignment and Subcontractors

You cannot assign your right to use to a third party, without the prior written consent of SRGCSN. However, SRGCSN may assign the Service and its products without Your consent. SRGCSN shall have the right to use subcontractors. SRGCSN is liable for the work of its subcontractors as for the work of its own.

22 Governing Law and Disputes

English Law govern these Terms, excluding its choice of law provisions. All disputes arising out of the Agreement shall be finally settled in arbitration by one arbitrator in accordance with the UK Law. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

CONTACT US:

Who we are. We are SightRight (UK) Ltd a company registered in England and Wales. Our company registration number is 04986301 and our registered office is at Springvale, Police Station Square, Mildenhall, Suffolk, IP28 7ER. Our registered VAT number is GB 871332042.

How to contact us. You can contact us by telephoning our customer service team at 07833170572 or by writing to us at manager@sightrightcuesports.com or at our address above.

How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.