Terms and Conditions

WEBSITE TERMS & CONDITIONS

Thank you for visiting englandnetball.co.uk. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use. If you disagree with any part of these terms and conditions, please do not use englandnetball.co.uk.

The term ‘us’ or ‘we’ refers to the owner of the website the All England Netball Association, a company limited by guarantee (company number 01698144) whose registered office is England Netball, SportPark, 3 Oakwood Drive, Loughborough, Leicestershire, LE11 3QF.

The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

These terms and conditions apply to all users (including casual browsers) whether or not a registration process has been completed. Confirming that you have read and understood both these terms and conditions and our Privacy Policy and Cookie Policy is a requirement of the contract for the provision of our services, including email marketing.

PRIVACY POLICY

We at the All England Netball Association (“we” or “us” or “our”) want to make sure all the personal information we have collected about you is safe and secure whether we collect it through our website at, www.englandnetball.co.uk (“Site”), www.netballsl.com (“Site”) or from our other systems or other sources.  This Policy sets out our commitments to you, in compliance with and beyond the General Data Protection Regulation (commonly known as the GDPR) and explains how we collect, store and use your personal information.

England Netball is not required to have a Data Protection Officer, but our Data Protection Lead has overall responsibility for data protection compliance in our organisation.  Contact details are set out in the “Contacting us” section at the end of this privacy policy.

PRIVACY NOTICES

Collecting specific, relevant personal information is a necessary part of us being able to provide you with any services you may request from us or in providing services to our customers and members or just managing our relationship with you.

When we hold or use your personal information as a data controller (see below for a description of what this is) we will provide you with a privacy notice which sets out in detail what information we hold about you (such as your contact details, address, etc.), how your personal information may be used and the reasons for these uses, together with details of your rights.

Where we collect personal information from you directly, we will provide this privacy notice at the time we collect the personal information from you.  Where we receive your personal information indirectly, we will provide this privacy notice when we first contact you, first pass the data to someone else or within a month, whichever is the earlier.

We will only provide this privacy notice to you once, generally at the start of our relationship with you.  However if the applicable privacy notice is updated substantially, then we may provide you with details of the updated version.  You are encouraged to check back regularly for updates.

Copies of our current privacy notices can be found below:

• Privacy notice for members, players, participants, coaches/officials, customers and volunteers

• Privacy notice for employees, workers, directors, athletes and consultants

• Privacy notice for everyone else external to our organisation

Please note that it is possible for you to be covered by more than one privacy notice, for example you may be a member who is also an employee.  In this example both our member privacy notice and our employee privacy notice would apply to you.

THE DIFFERENCE BETWEEN DATA CONTROLLERS/PROCESSORS

A data controller is a person who controls how personal information is processed and used.  A data processor is a person who processes and uses personal information in accordance with the instructions of a third party, i.e. the data controller.
This distinction is important.  You have certain rights in relation to your personal information, for example the right to be provided with the personal information held about you and details of its use and the right to have certain parts of your personal information either erased or anonymised, commonly referred to as the right to be forgotten (see below to see what rights you have).  These rights can generally only be exercised against a data controller of your information.

In most cases we will be a data controller of your personal information.  In any case where we are not a data controller this means that you cannot exercise these rights against us directly (i.e. where we only act as a data processor), but you can do so against the data controller (i.e. the person who controls how we process the personal information).  In these cases we will endeavour to inform you who is the data controller of your personal information so that you can direct any such requests to them.

Also it is only a data controller that will provide you with a privacy notice about your personal information, so where we process your personal information as a data controller we will provide you with a privacy notice.  Where we process your personal information as a data processor for a third party, that third party should provide you with a privacy notice which will set out details regarding the processing of your personal information, which should also include the processing to be carried out by us on their behalf.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We will use your personal information as described in the privacy notice provided to you, but, for example, we may use your personal information to administer any account(s) you have with us or to send you information we think you might find useful, provided you have indicated that you are happy to be contacted for these purposes or where we have a contractual or legitimate interest to do so.  To see how we use your personal information, please see our current privacy notices, which can be accessed below:

• Privacy notice for members, players, participants, coaches/officials, customers and volunteers

• Privacy notice for employees, workers, directors, athletes and consultants

• Privacy notice for everyone else external to our organisation

WHO DO WE SHARE YOUR PERSONAL INFORMATION WITH?

Details of how we disclose your personal information are set out in the relevant privacy notice provided to you, but generally it is where we need to do so in order to run our organisation (e.g. where other people process information for us). In such circumstances, we will put in place arrangements to protect your personal information.  Outside of the stated purposes we do not disclose your personal information unless we are required to do so by law.

If we transfer personal information about you outside the European Economic Area (EEA), we will let you know and ensure that all reasonable security measures are taken and that any third party processers will be required to process the information in accordance with information protection laws and we will notify you in your privacy notice if we are the information controller.

We do not sell, trade or rent your personal information to others.

Our Web shop allows people to which you have provided your contact number (displayed in your user account) to add you to their friends & family group. You will receive an email containing a link to confirm your consent to be added to the group. If you don’t want to be added to the group, you can simply ignore this email. If you provide your consent, the group lead (who added you to his group) will be able to:

• View your first name

• Reserve or buy tickets for you

• View your ticket reservation history

HOW LONG DO WE HOLD ON TO YOUR PERSONAL INFORMATION?

Further details of how long we hold onto your personal information for are set out in the relevant privacy notice provided to you, but we will only hold your information for as long as is necessary or where you ask us to delete records we may delete it earlier.
The duration for which we retain your personal information will differ depending on the type of information and the reason why it was collected. However, in some cases personal information may be retained on a long term basis: for example, personal information that we need to retain for legal purposes will normally be retained for at least six years in accordance with usual commercial practice and regulatory requirements.

The personal information retained will be minimised to the information required for the purposes for which it is retained.  Full details of our retention periods, what personal information is retained and our justification for doing this can be found in our data retention schedule.

WHAT ARE YOUR RIGHTS?

Full details of your rights set out in the relevant privacy notice provided to you, but you are entitled by law to ask for a copy of your personal information at any time. You are also entitled to ask us to correct, delete or update your personal information, to send your personal information to you or another organisation and to object to automated decision making. Where you have given us your consent to use your personal information in a particular manner, you also have the right to withdraw this consent at any time.

To exercise any of your rights, or if you have any questions relating to your rights, please contact us by using the details set out in the “Contacting Us” section below. You can also unsubscribe from any direct marketing by clicking on the unsubscribe link in the marketing messages we send to you.

You should note that some of your rights may not apply as they have specific requirements and exemptions which apply to them and they may not also apply to personal information recorded and stored by us.  However your right to withdraw consent or object to processing for direct marketing are absolute rights.

If you are unhappy with the way we are using your personal information you can complain to the UK Information Commissioner’s Office or your local data protection regulator. More information about your legal rights can be found on the Information Commissioner’s website at https://ico.org.uk/for-the-public/.  However, we are here to help and would encourage you to contact us to resolve your complaint first.

LINKING WITH THIRD PARTY SITES

Our Site may, from time to time, contain links to and from the websites of our commercial partners, other regional and county bodies, advertisers, leagues and clubs.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and they will be a data controller of your personal information. We do not accept any responsibility or liability for these policies and you should check these policies before you submit any personal information to these websites.

In addition, if you linked to this Site from a third-party site, we cannot be responsible for the privacy policies and practices of the owners or operators of that third-party site and recommend that you check the policy of that third party site and contact its owner or operator if you have any concerns or questions.

SECURITY

We employ a variety of technical and organisational measures to keep your personal information safe and to prevent unauthorised access to, or use, or disclosure of it. Unfortunately, no information transmission over the Internet is guaranteed 100% secure nor is any storage of information always 100% secure, but we do take all appropriate steps to protect the security of your personal information.

CHANGES TO THIS POLICY

Any changes we may make to this Policy in the future will be posted on our Site and, where appropriate, notified to you by e-mail. When we change this Policy in a material way, we will update the version date at the bottom of this page. Please check back frequently to see any updates or changes to this Policy and should you object to any alteration, please contact us as set out in the “Contacting Us” section below.

CONTACTING US

In the event of any query or complaint in connection with the information we hold about you, please email our Data Protection Lead: dataprotection@englandnetball.co.uk, telephone 01509 277850 or write to England Netball, SportPark, 3 Oakwood Drive, Loughborough, Leicestershire, LE11 3QF.

Whilst this privacy policy sets out a general summary of your legal rights in respect of personal information, this is a very complex area of law. More information about your legal rights can be found on the Information Commissioner’s website at https://ico.org.uk/for-the-public/.

COOKIE POLICY

englandnetball.co.uk and its subdomains (our websites) are owned by ALL ENGLAND NETBALL ASSOCIATION LIMITED.

When you visit our websites, you may provide us with two types of information: (i) Personal Information – which you knowingly choose to disclose, that is collected on an individual basis and is used in accordance with our Privacy Policy; and (ii) website use information which is collected on an aggregate basis as you and others browse the websites, and is used as set out in this Cookies Policy.

Cookies are small text files that are placed on your computer by websites that you visit. We use cookies and similar technologies to allow us to distinguish you from other users of our websites, however this information does not allow us to identify you personally and you remain anonymous unless you have otherwise provided us with Personal Information.

You can surf parts of our websites anonymously and access information without revealing your identity. However, in order to provide a better service, we use cookies; some of the cookies we use are essential for parts of our websites to operate, others help us to provide you with a better browsing experience.

We use Google Analytics which sets cookies to collect information about how visitors use our website. We use the information to compile reports and to help us improve the website. The cookies collect information in an anonymous form, including the number of visitors to the website and blog, where visitors have come to the website from and the pages they visited. To opt out of being tracked by Google Analytics across all websites visit Google's GA opt out tool.

We also use Facebook Pixel which enables us to measure, optimize and build audiences for advertising campaigns served on Facebook. In particular it enables us to see how our users move between devices when accessing our website(s) and Facebook, to ensure that our Facebook advertising is seen by our users most likely to be interested in such advertising by analysing which content a user has viewed and interacted with on our website(s). To opt-out of Facebook Pixel tracking please visit and review your Facebook ads preferences.

We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioural metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimisation, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.

In certain cases, our websites may also employ flash cookies. Flash cookies are used to improve and enhance your web browsing experience.

We only use cookies from third parties in order to support and enhance our website.

You may delete and block all or some cookies, but parts of our websites may not then work. Most web browsers allow some control of most cookies through the browser settings, for example you can set up your web browser to inform you when you receive a cookie, giving you the chance to decide whether or not to accept it. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit the All About Cookies website.

You may also find the following links useful:

• Microsoft Cookie Guides

• Cookies setting for Microsoft Explorer

• Cookie setting for Firefox

• Cookie settings in Chrome

• Cookie settings in Safari and iOS

• Your Online Choice

• Information Commissioner’s Office

MEMBERSHIP TERMS & CONDITIONS

1. Introduction: 

These are the terms and conditions applicable to all members of England Netball (“Members”).

Please read these terms and conditions (the “Terms”) carefully to ensure that you understand and agree to them, as they contain the legal terms and conditions that all Members shall be deemed to have agreed to when registering for membership. All Members must adhere to these Terms at all times.

England Netball membership is operated by the All England Netball Association (“England Netball”), a company limited by guarantee (registered number 01698144) whose registered office is England Netball, SportPark, 3 Oakwood Drive, Loughborough, Leicestershire LE11 3QF.

Any references to “we”, “us” or “our” shall be taken as references to England Netball. Any references to “you” or “your” shall be taken as references to any applicant for England Netball membership.

2. Membership Period: 

The membership period runs from 1 September to 31 August every year (“Membership Period”). Membership is valid from 1 September (or from the date that we receive your Membership Fee, if received after this date), until the 31 August unless terminated early in accordance with these Terms.

3. Membership Fees:

England Netball Membership Fees are fixed for the duration of the Membership Period and are not available on a pro rata basis. The full Membership Fee is payable whether you join on 1 September, or later in the Membership Period.

4. Membership Benefits: 

Personal Members can see their benefits here.

Social and Supporting Members can see their benefits here.

Group Members: Clubs, Seconday Schools, Colleges/University Group members can see their benefits here.

We reserve the right to change or amend the benefits of membership at any time and without prior notice.

5. Non-UK Resident Members: 

Any Member who is a non-UK resident or who at any point during the Membership Period becomes a non-UK resident should be aware of the following:

(i) You will be liable to pay any applicable sales tax or other taxes in connection with your Membership and any additional items purchased via the England Netball website;

(ii) You will receive a digital copy of the netball magazine in place of the print magazine;

(iii) Insurance exclusions may apply. Please complete our contact form to request further information.

6. Refunds: 

Should you change your mind about joining after you have paid your Membership Fees, a full refund will only be available if you notify us of your wish to cancel your Membership in writing to the email address or postal address at the end of these Terms, within fourteen days of your membership becoming active in ENgage and return any and all membership materials, if requested to do so by England Netball at your own cost to England Netball’s postal address. No refunds will be issued if you cancel your Membership after this fourteen day period. Please note that if you begin to utilise your Membership, your right to cancel your Membership and receive a refund of your Membership Fee shall immediately cease.

No refunds or extensions will be given if you are unable to use any part of your Membership at any stage during the Membership Period including as a result of any suspension or early termination of your Membership pursuant to these Terms.

7. Membership renewals: 

We will endeavour to contact you at least one month before your Membership is due for renewal, to advise what actions you may need to take in order to renew your Membership. The onus is on you to keep your email address updated within ENgage.

8. Membership number 

Your Membership number is unique to you and cannot be transferred to any other person at any time for any use.

9. Insurance: 

As part of your application for Membership, you may (dependent on the Membership package purchased) be covered by England Netball’s programme of insurance.

Summary details of England Netball’s programme of insurance can be accessed via the England Netball website.

Any Member that is covered by the programme of insurance should make him/herself aware of the terms and other details of such Insurance that applies to them and details are available upon request.

10. Termination: 

We reserve the right, in our sole discretion, to

(i) Refuse Membership; and/or

(ii) Suspend Membership; and/or

(iii) Terminate Membership;

in the following circumstances, if

a)    You breach these Terms or any other requirements set out on the England Netball Website in any manner and at any time;

b)    You fail to meet, or at any point during the Membership Period cease to meet, the required criteria for Membership (as set out on the England Netball Website);

c)    You are suspended or barred (on an interim or permanent basis) from any netball activity pursuant to the Articles of Association, Codes of Conduct, rules and regulations of England Netball, including, but not limited to, England Netball’s Membership, Disciplinary and Safeguarding Regulations;

d)    In the reasonable opinion of England Netball, you act in any manner which brings England Netball or netball activity into disrepute including but not limited to non-compliance with England Netball’s Competition rules, non-compliance with England Netball’s Anti-Doping Policy that adheres to guidelines recommended by the World Anti-Doping Agency (WADA); or

e)    In the reasonable opinion of England Netball, you misuse your Membership in any manner.

In all such cases we will have no liability to refund you or pay any other compensation to you in connection therewith. In the event of a suspension, England Netball may decide in its discretion to lift such suspension when it considers it is appropriate to do so.

In the event that we terminate or suspend your Membership:

(a)  Your access to ENgage will be suspended or terminated as appropriate. England Netball may, in its sole discretion, permit you access to certain parts of ENgage after such termination or suspension for a period as it considers fit. In the event that any Membership suspension is lifted, full access will resume;

(b)  You should immediately cease use of your Membership and your Membership Number.

(c)  You should immediately cease to hold yourself out as being a Member and cease to exploit any of the benefits of Membership.

11. Privacy: 

Your personal information will be used in accordance with our privacy policy and the contact/privacy options you select when registering on ENgage.

12. Amendments:

We reserve the right to amend these Terms with or without notice to you from time to time. Any such amendment shall be effective once the revised Terms have been posted on the England Netball Website, and it shall be your responsibility to check these Terms for any such amendments. To the extent that any amendment to the Terms affects your rights or responsibilities in connection with your Membership, we shall notify you of such changes in advance of them becoming effective. England Netball reserves the right to re-brand Membership products at any time.

13. Ownership of Materials and Intellectual Property Rights: 

England Netball are, unless otherwise stated, the owners of all copyright, database and other intellectual property rights in all materials provided or made available to you as part of your Membership either in ENgage, on our website or in hard copy (the “Membership Materials”), with all rights reserved. This includes, without limitation, copyright and other intellectual property rights in videos, presentations, photographs, audios, documents and other text in such Membership Materials. You may not copy, publish, distribute, extract, re-utilise, or reproduce any part of the Membership Materials in any form (including photocopying or storing it in any medium by electronic means) other than (i) as specifically required to be permitted by applicable law, or (ii) as specifically provided by England Netball on a case by case basis. In particular, you shall not incorporate any Membership Materials in any commercial work or publication, whether in hard copy or electronic or any other form, and no part of any Membership Materials may be distributed or copied for any commercial purpose.

All brand, product and service names, logos and images used in the Membership Materials are the property of England Netball, unless otherwise stated, with all rights reserved. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any of the trademarks, trade names or service marks on the Membership Materials without the prior written permission of England Netball or, where applicable, the owner of such trademarks, trade names or service marks.

14. Disclaimer of Warranties and Liability: 

To the fullest extent permitted by English law, England Netball makes no representations, undertakings or warranties about the Membership, or any content or information provided as a result of being a Member. To the fullest extent permitted by English law all representations, warranties and undertakings (express or implied) in respect of Membership are excluded.

15. Liability: 

Except in the case of fraud, death or personal injury caused by our negligence or other cases where by law liability cannot be excluded or limited, we exclude all liability to you in respect of your application for Membership, or any information or other content obtained either directly or indirectly as a result of your Membership, howsoever arising, in any circumstances and whether in contract, tort, negligence, misrepresentation or otherwise.

Under no circumstances shall we have any liability for any loss of profit, business opportunity, goodwill, anticipated savings or data, or for any special, indirect, incidental or consequential loss or damages of whatsoever kind resulting from your application for Membership, or any information or other content obtained either directly or indirectly as a result of your Membership, howsoever arising, in any circumstances and whether in contract, tort, negligence, misrepresentation or otherwise.

16. Clean Sport

As a member of England Netball you agree to be bound by the Anti-Doping Rules of England Netball which are the UK Anti-Doping Rules published by UK-Anti-Doping (or its successor), as amended from time to time.

You agree for England Netball to share your information, where relevant, with UK Anti-Doping (or its successor) for the purpose of intelligence sharing in relation to possible anti-doping rule violations. This information will be shared in a secure manner.

17. General: 

These Terms and all aspects of Membership are governed by and will be construed in accordance with the laws of England. Any disputes arising under or in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the English courts.

Any failure by us to exercise any right or remedy under these Terms or at law does not constitute a waiver of that right or remedy or a waiver of any other rights or remedies. No single or partial exercise of a right or remedy by us under these Terms or at law prevents further exercise of the right or remedy or the exercise of any other right or remedy.

If a competent court of law or authority finds that any part of these Terms is invalid, unlawful or unenforceable to any extent, we shall delete the relevant part from the Terms and the remainder of the Terms shall continue to be valid and enforceable to the fullest extent permitted by the laws of England.

18. Contact information

Please contact England Netball as follows:
Visit our help centre.

Postal Address: Participation Team, England Netball, SportPark, 3 Oakwood Drive, Loughborough, LE11 3QF Telephone: +44 (0)1509 277 850.

REGION, COUNTY, LEAGUE & CLUB CONTRACT

Parties:

England Netball, And Regional Management Board(s) (the Region) And County Netball Association(s) (the County) And Netball Club(s) (the Club); And Registered League(s) (the League). 

1. STANDARD DEFINITIONS:

Party: a Party to this Agreement

Agreement: this contract

Law: means any law, subordinate legislation within the meaning of Section 21(1) of the Interpretation Act 1978, bye-law, enforceable right within the meaning of Section 2 of the European Communities Act 1972, regulation, order, regulatory policy, mandatory guidance or code of practice, judgment of a relevant court of law, or directives or requirements with which the Processor is bound to comply

2. Membership Period

The membership period runs from 1 September to 31 August every year.

3. Membership Fees

Membership fees (where applicable) must be paid in full and England Netball must be in receipt of the full fee before membership benefits can be accessed and discounts redeemed. Members will not be compensated for any benefits or opportunities that were available before receipt of payment.

England Netball membership fees are fixed for the duration of the Membership Period and are not available on a pro rata basis. The full membership fee is payable whether you join in September, or later in the Membership Period. For the sake of clarity, all memberships expire on the 31 August, and are due for renewal on 1 September every year.

It is the responsibility of each Party to ensure that the membership fees are paid to England Netball (or authorised intermediary as appointed by the Board)*.

4. Membership Benefits

Details of membership benefits available to each of; Region(s) and County(ies) can be found online here, Club(s) can be found here and benefits for Registered League(s) can be found here. We reserve the right to change or amend the benefits of membership at any time and without prior notice.

Further information about the insurance policy can be viewed here.

Fulfilment of some membership benefits may rely on accurate postal and email addresses, being held on record in ENgage, England Netball’s online netball management system. You will have access to this information via a login and are responsible for ensuring that your group’s contact information is kept up-to-date, or requesting that we update this for you. England Netball shall have no liability in respect of any delay to the access of, or subsequent loss of, a membership benefit resulting from incorrect or invalid contact information being provided, or out of date contact information being held.

Unused benefits cannot be transferred or carried over to the following membership year.

Details of benefits applicable to your League can be found here. Benefits are subject to ongoing compliance with the following eligibility criteria:

• Competition regulations require all players to be Personal Members of England Netball

• All members of the committee must be Personal Members of England Netball

If the Competition Management Tool is used by any Party to administer a competition which does not meet the above criteria and the Party is considered to be insufficiently contributing to the growth of England Netball membership through its competition delivery or is deemed to in any way oppose the vision, mission or values of England Netball, England Netball reserves the right to remove access to the Competition Management Tool from the Party concerned.

5. Governance

The full Membership Terms and Conditions can be found on this page.

All parties accept and agree to operate in accordance with the following policies, rules and regulations:

England Netball’s Membership Regulations

England Netball’s Articles of Association

England Netball’s Memorandum of Association

England Netball’s Safeguarding Policies and Procedures

England Netball’s Disciplinary Regulations and Codes of Conduct.

6. Amendments to our Region, County and Club Membership and League Registration Contract

If we amend our terms and conditions, any changes will be published on our website. If necessary, this will be brought to your attention.

These terms and conditions were last updated on: 27/08/2019.

7. Privacy Statement

The personal details for the individuals performing the required Committee roles for your group, will be held in England Netball’s online membership and administration portal, ENgage, which you will also have access to.

As these individuals will be required to be Personal Members of England Netball they should refer to the terms and conditions of their personal membership for further details relating to the processing of their data.

Full details about what data we collect, why it is collected, and what we do with it, in our full Privacy Policy, which can be found here.

8. Data Sharing Agreement

GDPR CLAUSE DEFINITIONS:

Data Protection Legislation: (i) the GDPR and any applicable national implementing Laws as amended from time to time (ii) the DPA 2018 to the extent that it relates to processing of personal data and privacy; (iii) all applicable Law about the processing of personal data and privacy;

Data Protection Impact Assessment: an assessment by the Controller of the impact of the envisaged processing on the protection of Personal Data.

Controller, Processor, Data Subject, Personal Data, Personal Data Breach, Data Protection Officer take the meaning given in the GDPR.

Data Loss Event: any event that results, or may result, in unauthorised access to Personal Data held by the Processor under this Agreement, and/or actual or potential loss and/or destruction of Personal Data in breach of this Agreement, including any Personal Data Breach.

Data Subject Request: a request made by, or on behalf of, a Data Subject in accordance with rights granted pursuant to the Data Protection Legislation to access their Personal Data.

DPA 2018: Data Protection Act 2018

GDPR: the General Data Protection Regulation (Regulation (EU) 2016/679)

Joint Controllers: where two or more Controllers jointly determine the purposes and means of processing

LED: Law Enforcement Directive (Directive (EU) 2016/680)

Protective Measures: appropriate technical and organisational measures which may include: pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the such measures adopted by it.

8.1. Relationship between the parties

8.1.1. The Parties acknowledge that for the purposes of the Data Protection Legislation, England Netball, the Region(s), the County(ies), the Club(s) and the League(s) are joint controllers.

8.1.2. Each party shall ensure compliance with applicable national data protection laws including the GDPR at all times during the terms of this Agreement.

8.1.3. The parties agree only to disclose and process personal data for the purposes described in Schedule A.

8.1.4. Each party shall appoint a single point of contact, normally the data protection officer / lead who shall work together to reach an agreement with regards to any issues arising from the data sharing and to improve the effectiveness of the data sharing initiative. The single points of contact are recorded in Schedule A.

8.1.5. Each party shall ensure that it has met its fee obligations to the Information Commissioner.

8.1.6. Each party shall not process personal data for longer than is necessary to carry out the agreed purposes.

8.1.7. Each party shall ensure that the Data are returned or are erased in conformance with appropriate erasure procedure.

8.1.8. Each party shall only disclose the Data to the other party by secure methods.

8.1.9. Each party shall, with reasonable notice, be entitled to undertake an audit of the other party’s data protection security arrangements.

8.1.10. Neither party shall transfer the Data to any third country except as set out at Schedule A.

8.1.11. Each party shall ensure that:

8.1.11.1. all Data shall be maintained as confidential and shall, unless expressly permitted or required otherwise pursuant to this Agreement not disclose, sell or transfer any Data to any other third party;

8.1.11.2. to the greatest extent possible hold and secure all documents and other material bearing or incorporating any of the Data separate from all other documents and materials and,

8.1.11.3. to apply appropriate security measures and controls and otherwise exercise in relation to the Data no lesser security measures and degree of care than those which it applies to its own Confidential Information.

8.1.12. Each party undertakes not to disclose any Confidential Information to any third party except that it may disclose Confidential Information:

8.1.12.1. to those of its employees, officers, sub-contractors, agents or professional advisors (Authorised Recipients) as are necessary to enable it to carry out its obligations in relation to, or to consider undertaking, the purposes of this Agreement and the associated Schedule(s); or

8.1.12.2. to auditors and professional advisors solely for the purposes of providing professional advice and any other persons or bodies having a legal right or duty to have access to, or knowledge of, the Confidential Information in connection with the party’s business;

8.1.12.3. if disclosure is required by law, by any court of competent jurisdiction or by any other regulatory body.

8.1.13. Each party undertakes not use the Confidential Information other than for the purposes set out in this Agreement and the associated Schedule(s).

8.1.14. Where disclosure of Confidential Information is made to an Authorised Recipient, the party disclosing the Confidential Information shall ensure that the Authorised Recipient is subject to obligations of security and confidentiality equivalent to those set out above.

8.1.15. Each party shall use all reasonable efforts to prevent the disclosure of any of the Confidential Information and shall inform the other immediately that it becomes aware that any of the Confidential Information has been disclosed. Each party shall procure that any person to whom Confidential Information is disclosed pursuant to this Agreement complies with the terms of this Agreement as if that person was a party hereto.

8.1.16. This Agreement shall not apply to any Confidential Information:

8.1.16.1. to the extent that it is or comes into the public domain other than through a breach of this Agreement; or

8.1.16.2. which the relevant party can show by its records was in its possession prior to receiving it from the other party and which it had not previously obtained from that other party or from a third party on its behalf under an obligation of confidence; or

8.1.16.3. is required to be disclosed by law or by a court of competent jurisdiction.

8.2. Data Protection Agreement Term and Termination

8.2.1. Subject to the provisions of the above clauses, this Agreement shall commence on the Commencement Date and shall continue in full force and effect until terminated by either party in accordance with this Agreement.

8.2.2. Either party may terminate this Agreement (without prejudice to its other rights and remedies) with immediate effect by written notice to the other party if:

8.2.2.1. the other party commits a material breach of its obligations and/or warranties under this Agreement and, if the breach is capable of remedy, fails to remedy it during a period of twenty (20) Business Days;

8.2.2.2. the other party becomes insolvent (including, without limitation, being unable to pay its debts as they fall due) if;

8.2.2.3. the other party proposes a company voluntary arrangement, has a receiver, administrator or manager appointed over the whole or any part of its business or assets;

8.2.2.4. any petition shall be presented, order shall be made, or resolution passed for its winding up except for the purpose of amalgamation or reconstruction) and such petition is not dismissed within ten (10) Business Days; or

8.2.2.5. It shall otherwise propose or enter into any composition or arrangement with its creditors (or any of them) or if it ceases or threatens to cease to carry on business.

8.2.3. In the event of termination of this Agreement each party shall destroy or return to the other party all Data (including any and all copies of the Data) and any other data (including all copies thereof) belonging to the other party immediately.

8.2.4. Each party shall promptly give notice in writing to the other party of any event within clause 5.2.2 above which occurs during the term of this Agreement and which would entitle the other party to terminate this Agreement pursuant to the terms of this clause 5.2.2 above.

8.3. Interpretation of this Agreement

8.3.1. All clause and paragraph headings are used for ease of reference only and shall not affect the construction or interpretation of this Agreement.

8.3.2. References in this Agreement to clauses and the Schedules are to be construed as references to the clauses of and the Schedule(s) to this Agreement and references to this Agreement include the Schedule(s) and the Schedule(s) shall be deemed to have full force and effect as if set out in the main body of this Agreement.

8.3.3. Any reference in this Agreement to any statute, law, statutory instrument, regulation or other similar instrument having the force of law shall be deemed to include any lawful amendment, re-enactment, extension, replacement, modification, consolidation and/or repeal thereof.

8.3.4. Any reference in this Agreement to the singular shall include the plural and vice versa.

8.3.5. Any reference in this Agreement to a person shall, unless the context otherwise requires, include natural persons, firms, partnerships, corporate bodies, unincorporated bodies, corporations, associations and all other legal persons of whatever kind howsoever constituted.

8.3.6. Any reference to “include”, “includes”, “including” and “included” shall be construed without limitation, unless inconsistent with the context.

8.4. Governing law

8.4.1 This Agreement and all matters arising out of it shall be governed by, and construed in accordance with, the laws of England and Wales.

8.4.2 If any disputes arise out of, under, or in connection with this Agreement, the parties agree that such disputes shall be dealt with exclusively by the English courts.

Schedule A. Processing, Personal Data and Data Subjects

1. England Netball shall process the following data jointly with, the Regions, the Counties and the Club.

2. Any such further agreed processing shall be incorporated into this Schedule.

TICKETING

1. Introduction

1.1 In these terms and conditions (“Terms”):
1.1.1 “England Netball”, “we”, “us”, “our” means the All England Netball Association, a company limited by guarantee (registered number 01698144) whose registered office is England Netball, SportPark, 3 Oakwood Drive, Loughborough, Leicestershire, LE11 3QF; and
1.1.2 “you”, “your” means the individual or entity that purchases, holds, transfers and/or uses Ticket(s) (as applicable).

1.2 These Terms constitute the legal terms and conditions that apply to the purchase, transfer, sale and/or use of any Ticket(s). These Terms should be read in conjunction with our Spectator Regulations that apply to all persons who enter the Venue.

1.3 Please read these Terms carefully. By purchasing, holding and/or using or attempting to use a Ticket you:
(i) certify that you have read, understood and accepted these Terms and the Spectator Regulations;
(ii) agree to be bound by and to comply with these Terms and the Spectator Regulations; and
(iii) agree to bring these Terms and the Spectator Regulations to the attention of others as required by these Terms.

1.4 You should print a copy of these Terms and the Spectator Regulations or save them for future reference. These Terms and the Spectator Regulations are available only in English.

1.5 We may amend these Terms and the Spectator Regulations from time to time as set out in Section 7.3 and any changes will apply to Ticket(s) that are purchased or acquired after the date of the amendment. Please check these Terms and Spectator Regulations every time you wish to purchase or acquire any Ticket to ensure you understand the terms and regulations that apply at that time.

1.6 These Terms may be printed in an abbreviated form on each Ticket. In the case of any conflict or ambiguity between these Terms and the abbreviated form printed on a Ticket, these Terms shall prevail.

1.7 These Terms are in addition to any terms and conditions which apply to Tickets purchased under a debenture.

1.8 In these Terms:
1.8.1 “Club” means a netball club that is eligible to apply to us for Ticket(s);
1.8.2 “Constituent Body” means a Regional Management Board, County Netball Association or England Netball member clubs, schools, universities or colleges in accordance with the England Netball Articles of Association and Membership Regulations;
1.8.3 “Consumer” means an individual applying for and/or using Ticket(s) for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession;
1.8.4 “Eligible Entity” means any Club, Constituent Body, England Netball Supporters Club, school, INF Member Association, England Netball Sponsor that is eligible to apply to us for Ticket(s) and such other persons as we may specify as ‘Eligible Entities’ for the purposes of these Terms from time to time;
1.8.5 “Eligible Individual” means a debenture holder, Honorary Life Member, England Netball Board director, officer or employee, steward and/or member of the press each as defined by us from time to time and such other persons as we may specify as ‘Eligible Individuals’ for the purposes of these Terms from time to time;
1.8.6 “Event” means an international netball match in which the England ‘Roses’ Team competes, and other matches, tournaments or events owned or controlled by England Netball;
1.8.7 “INF Member Association” means a netball association in membership with the International Netball Federation other than England Netball;
1.8.8 “Material” means any audio, visual or audio-visual material or any information or data of any nature;
1.8.9 “Member” means an individual who is a bona fide member of England Netball and may be connected to a Club or Constituent Body
1.8.9 “Package” means the supply of Ticket(s) with any additional benefits including car parking, accommodation, food, drink, travel or any vouchers or other means of obtaining such additional benefits;
1.8.12 “Restricted Person” means:
(i) a ticketing or hospitality company;
(ii) anyone supplying or offering to supply, either themselves or through a third party, catering or hospitality facilities for Ticket holders on the date of an Event;
(iii) anyone who resells Ticket(s) other than as permitted under these Terms; or
(iv) an officer or agent of any of the foregoing;
1.8.13 “England Netball Sponsor” means an official sponsor of England Netball;
1.8.14 “England Netball Supporters Club” means the volunteer organisation operating as the supporters club of England Netball
1.8.14 “Season” means a netball season typically commencing on or about 1 September of one year and concluding on or about 31 August in the following year;
1.8.15 “Sponsor” means a person or entity who either:
(i) during a period of not less than 2 months before receipt or purchase of Ticket(s), sponsors or enters into an agreement to sponsor a Club, Constituent Body or school for at least a complete Season and receives a benefit from such Club, Constituent Body, or school (other than membership, Ticket(s) and/or the use of the title of sponsor) in return for such sponsorship; or
(ii) in respect of whom a Club, Constituent Body or school (as applicable) has obtained our prior written approval to permit such person or entity to purchase Ticket(s) as a Sponsor. In the case of any dispute as to whether a person or entity is a Sponsor, the decision of England Netball shall be final and binding;
1.8.16 “Arena” means the venue used for the particular Event;
1.8.18 “Ticket” means any ticket to an Event;
1.8.19 “Ticket Exchange” means our official online ticket exchange website at www.englandnetball.co.uk;
1.8.20 “Transferee” means a person or entity to which Ticket(s) may be sold or transferred as specified in Section 2.3;
1.8.21 “Transferor” each person or entity that transfers or sells Ticket(s);
1.8.22 “Unlawful Ticket” means any Ticket that is offered for transfer or sale and/or acquired or used in breach of any provision of these Terms;
1.8.23 “Venue” means the Arena, the car parks operated by us at the Arena and any other property owned or controlled by us in the vicinity of the Arena;
1.8.24 “Website” means the official England Netball website, located at www.englandnetball.co.uk;
1.8.25 any reference to a Section is to the relevant section of these Terms;
1.8.26 Section headings are included for convenience only and do not affect the interpretation of these Terms;
1.8.27 use of the singular includes the plural and vice versa, and reference to one gender is a reference to all genders;
1.8.28 any references to a “person” or “entity” includes any individual, firm, company or other body corporate, government, state or agency of a state, local or municipal authority or government body or any joint venture, association or partnership (whether or not having separate legal personality);
1.8.29 any reference to a statute, statutory provision, subordinate legislation, code or guideline (“legislation”) is a reference to such legislation as amended and in force from time to time and to any legislation that re-enacts or consolidates (with or without modification) any such legislation;
1.8.30 any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
1.8.31 “in writing” includes by email unless otherwise indicated.

2.Transfer/sale of ticket(s)

2.1 Prohibition on transfers or sales in breach of these Terms

TICKET(S) MAY BE TRANSFERRED OR SOLD OR OFFERED FOR SALE OR TRANSFER ONLY IN ACCORDANCE WITH THESE TERMS. Any Ticket that is (or that we reasonably believe is intended to be) transferred or sold, or offered for sale or transfer, in breach of these Terms will be void and treated as an Unlawful Ticket and all rights conferred by the Ticket will automatically cease and terminate. We may seize the Ticket and refuse admission to the Arena and/or eject from the Arena any person in possession of an Unlawful Ticket without refund or compensation. We may also bar any person in possession of an Unlawful Ticket from attending Events run by England Netball in the future.

2.2 Right to publicise the names of persons/entities transferring or selling Ticket(s) in breach of these Terms. We reserve the right to publicise the names of any person or entity that transfers or sells, or offers to transfer or sell, any Ticket(s) in breach of these Terms and by purchasing or acquiring Ticket(s) you consent to us:
2.2.1 publicising your name in any and all media;
2.2.2 sharing your name and other personal data with law enforcement and other government agencies; and
2.2.3 sharing your name and other personal data with other sellers of tickets in order to monitor and prevent unauthorised sales of tickets, in the event that you transfer or sell or offer to transfer or sell Ticket(s) or otherwise deal with Ticket(s) in breach of these Terms.

2.3 Permitted transfers and sales
2.3.1 Consumers (including Eligible Individuals)
If you have purchased more than one Ticket for an Event, you may transfer and/or sell the additional Ticket(s) to a person that accompanies you to the Event (“Transferee”) provided you:
(i) do not advertise the Ticket(s) for transfer or sale; and
(ii) you do not sell the Ticket(s) above face value. You shall ensure that each Transferee complies with these Terms and does not transfer or sell the Ticket you have transferred or sold to them.

2.3.2 Eligible Individuals
Eligible Individuals may transfer/sell their Ticket(s) to a friend, a relative, other individual known personally to that Eligible Individual, or to a Club, a Constituent Body or England Netball Supporters Club (each a “Transferee”) provided they comply with Section 2.4.

2.3.4 Sponsors and INF Member Associations

(a) Sponsors and INF Member Associations may transfer Ticket(s) to their directors, employees and/or guests; and
(b) INF Member Associations may transfer Ticket(s) to their member clubs;
(c) if it is a Transferee pursuant to Section 2.3.4(b), a member club of an INF Member Association may transfer Ticket(s) to their directors, employees and/or guests or to Clubs or Constituent Bodies, (each a “Transferee”) in each case provided they comply with Section 2.4.

2.4 Conditions of transfer or sale of Ticket(s)

NO TICKET MAY BE TRANSFERRED FOR AN AMOUNT IN EXCESS OF THE FACE VALUE OF THE TICKET.

2.4.1 Ticket(s) may not be sold through secondary ticketing service providers, auction sites, or websites.
2.4.2 Ticket(s) may not be transferred or sold to Restricted Persons without our prior written consent.
2.4.3 Other than as specifically set out in these Terms, a Ticket may not be used as a prize or as part of any competition or promotional or other similar activity or as part of any hospitality or travel or other commercial package which has not been approved in advance by us in writing.
2.4.4 These Terms and the Spectator Regulations must be incorporated into all agreements to sell or supply Ticket(s) and brought to the attention of any transferee.
2.4.5 All agreements to sell or supply Ticket(s) must contain terms stating that Transferees cannot sell, offer for sale or transfer any Ticket(s) to Accompanying Persons in accordance with Section 2.3.1.(b).
2.4.6 Each Transferor must keep a proper record of the individual numbers of all Ticket(s) transferred and/or sold by it and the name and address of any person or entity to which such Ticket(s) are supplied for a minimum of 2 years and must provide such information to us within 7 days of a written request for the same.
2.4.7 For the purposes of VAT only, any supply of a Ticket shall be treated as a supply made by the relevant Transferor on its own behalf and the relevant Transferor shall be liable to account for any applicable VAT on the sale or supply of Ticket(s) by it.
2.4.8 Sale of Ticket(s) made by persons and entities acting in the course of a trade, business or profession to a Consumer must comply with applicable laws including the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015.
2.4.9 Ticket(s) must be provided directly to the Transferee and not via a third party.
2.4.10 Each Transferor shall indemnify us against all costs, charges, claims, expenses, demands and liabilities suffered or incurred by us as a result of any breach by a Transferee of these Terms or the Spectator Regulations. In the event that a Transferee breaches any of these Terms or the Spectator Regulations, both the Transferor and the Transferee shall each be held liable for such breach. This Section 2.4.12 shall not apply to Transferors that are Consumers.

2.5 Additional conditions applying to the transfer or sale of Ticket(s) by Eligible Entities
2.5.1 An Eligible Entity must not use its right to transfer Ticket(s) to a Sponsor, Clubs or England Netball members as a means of circumventing (or the effect of which is the circumvention of) these Terms.
2.5.2 An Eligible Entity must ensure that neither it nor its agents use Ticket(s) as the sole or main incentive for any person or entity to become customer or a Sponsor.
2.5.3 In respect of the transfer or sale of Ticket(s) to Sponsors:

(a) an Eligible Entity and its agents must not offer:
(i) Ticket(s) to potential Sponsors before they have expressed an interest in becoming a Sponsor; or
(ii) corporate hospitality (including Packages for Events) to any potential Sponsor before they have signed a contract with the Eligible Entity to become a Sponsor;
(b) an Eligible Entity must not enter into a sponsorship arrangement with a person or an entity that is a Restricted Person or has been introduced to it by a Restricted Person unless it has obtained our prior written consent to do so;
(c) no Sponsor to whom Ticket(s) are transferred, other than an England Netball Sponsor, will be permitted to use any Ticket as a prize or as part of any competition or promotional or other similar activity or as part of any Package or for any media purpose without our prior written approval in order, amongst other things, to preclude the possibility of such Sponsor “passing off” that it is an England Netball Sponsor; and
(d) in the case of any agreement or arrangement or proposed agreement or arrangement which involves, or the effect of which, is the transfer or sale of Ticket(s) to a Sponsor, an Eligible Entity must ensure that:
(i) each such supply arrangement is in writing and complete details of it are minuted in its records and made available for inspection by us upon request at any time; and
(ii) the written agreement satisfies Sections 2.4.2.

3. Cancellation, Abandonment and Rescheduling

3.1 If you are a Consumer: You do not have a right to cancel your purchase and claim a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

3.2 We do not guarantee that an Event will take place at a particular time or on a particular date. We reserve the right to cancel, abandon and/or reschedule an Event to comply with the rules of the game of netball or where we otherwise need to do so. In such event:
3.2.1 If you are NOT an Eligible Entity and have purchased Ticket(s) from us or from an Eligible Entity
(a) If an Event is cancelled or abandoned before the first centre-pass and not rescheduled and you have purchased your Ticket(s) for that Event directly from us, you can apply to us for a refund within 30 days of the date on which the Event is cancelled or abandoned and we will refund the amount you have paid for your Ticket(s) (up to a maximum of the face value of the Ticket(s)) within 30 days of receipt of your refund application. If you have purchased your Ticket(s) from an Eligible Entity, you must contact that Eligible Entity to obtain your refund.
(b) If an Event is abandoned before the first centre-pass, and it is possible to reschedule the Event, or the date of an Event is changed after you have purchased Ticket(s) for it, you will be entitled to Ticket(s) to attend the rescheduled Event or, if you are unable to attend the rescheduled Event you will be entitled to a refund of amount you paid for your Ticket(s) (up to a maximum of the face value of the Ticket(s)). In the event that an abandoned Event is rescheduled or we change the date of an Event, we will post a notice on the homepage of the Website notifying you of the process and deadline for obtaining Ticket(s) for the rescheduled Event or a refund.

3.2.2 If you are an Eligible Entity:
(a) If an Event is cancelled or abandoned before the first centre-pass and not rescheduled, you can apply to us for a refund within 21 days of the date on which the Event is cancelled or abandoned and we will refund the amount you have paid for any Ticket(s) you have purchased from us (up to a maximum of the face value of the Ticket(s)) within 30 days of receipt of your refund application. Within 7 days of receiving such refund you must provide each Transferee to whom you had sold Ticket(s) for such Event with a full refund of the price that such Transferee paid you for those Ticket(s).
(b) If an Event is abandoned before the first centre-pass, and it is possible to reschedule the Event or, the date of an Event is changed after you have purchased Ticket(s) for it, you will be entitled to Ticket(s) to attend the rescheduled Event or, if you are unable to attend the rescheduled Event you will be entitled to a refund of amount you paid for your Ticket(s) (up to a maximum of the face value of the Ticket(s)). In the event that an abandoned Event is rescheduled or we change the date of an Event, we will post a notice on the homepage of the Website notifying you of the process and deadline for obtaining Ticket(s) for the rescheduled Event or a refund. Within 7 days of receiving any refund you must provide each Transferee to whom you had sold Ticket(s) for such Event with a full refund of the price that such Transferee paid you for those Ticket(s).

4. Use of Ticket(s)

4.1 Every Ticket remains our property at all times.

4.2 Any person who enters the Venue including children (babies in arms may be permitted access with express authorisation from England Netball) must have a valid Ticket. Persons under the age of 15 must be accompanied by a responsible adult over the age of 18.

4.3 Admission to the Venue is by the entrance shown on the Ticket (if applicable) and cannot be guaranteed if the Ticket holder arrives less than 45 minutes before the advertised commencement or kick off time.

4.4 Your Ticket will entitle you to gain admission to the Venue only after it has been validated by the control readers located at the appropriate turnstiles. You may be refused admission to the Venue if your Ticket is not validated by such control readers.

4.5 If you leave the Venue before the end of the Event re-admission is at our discretion.

4.6 A Ticket entitles the Ticket holder, subject to compliance with these Terms and the Spectator Regulations, to admission to the Venue for the Event to which the Ticket relates and to occupy the seat referred to on the Ticket (or another seat in case the seat allocated to you is not available for reasons beyond our control) and no other entitlements. In particular, Ticket holders’ access to the Venue is for the purposes of private enjoyment of the Event only and not for any commercial purpose.

4.7 Any person who enters the Venue is liable to be searched by a police officer or by our employees or agents for health and safety reasons and to ensure they are complying with these Terms and the Spectator Regulations in relation to items that cannot be brought into the Venue. We reserve the right to refuse admission to anyone who refuses to be searched.

4.8 Our Spectator Regulations contain a list of items that may not be brought into the Venue and a non-exhaustive list of reasons why we may refuse a Ticket holder admission to the Venue or eject a Ticket holder from the Venue.

4.9 Whilst in or around the Venue you must:
4.9.1 comply at all times with the Spectator Regulations (available at www.englandnetball.co.uk/tickets);
4.9.2 answer promptly and truthfully any question concerning your Ticket from our employees or agents or a member of the police; and
4.9.3 not offer or distribute (either free or for sale) within the Venue any articles, materials, products or services of any nature nor conduct any charitable or other collection without our prior written authorisation.

4.10 Mobile telephones and other mobile devices are permitted within the Venue, provided that they are used for personal and private use only (which shall not include the capturing, logging, recording, transmitting, playing, issuing, showing, or any other communication of any Material for any commercial purposes). The capturing, logging, recording, transmitting, playing, issuing, showing, or any other communication of any Material for any commercial purposes is strictly prohibited.

4.11 Whilst in or around the Venue you acknowledge that photographic images and/or video recordings and/or stills taken from those video recordings may be taken of you and may also be used, by way of example, in televised coverage of the Event or by us (or our commercial partners) for any purpose deemed reasonable by us, including, without limitation, for marketing, training or promotional purposes. Your entry into the Venue is confirmation that you have consented to such use of your image. If you are under 15 years of age either the parent, guardian or responsible adult who is accompanying you into the Venue shall be deemed to have provided consent on your behalf.

4.12 If you are under 16 years old, your parent(s) and/or guardian(s) are jointly responsible with you for your actions, conduct and compliance with these Terms.

4.13 Where a Ticket has been lost or stolen, you must notify us immediately and we shall, subject to ascertaining and verifying the circumstances in which you were in possession of the Ticket and of the loss or theft of the Ticket, issue you with a duplicate Ticket. If we issue you with a duplicate Ticket, the original Ticket will become automatically invalid.

5. Consequences of Your Breach

5.1 We reserve the right to:
(i) cancel and withdraw any Ticket that has been acquired, purchased, transferred, or used in breach of these Terms and
(ii) refuse admission to, or eject from, the Venue any person who fails to comply with these Terms or the Spectator Regulations.

5.2 We reserve the right in the case of any breach of these Terms and/or the Spectator Regulations, to exclude you from applying for and/or purchasing Ticket(s) and/or entering a Venue in future. In the case of Eligible Entities and Eligible Individuals we may remove all or part of your entitlement to a ticket allocation for future Events or other benefits we provide to you and, in the case of Eligible Entities, we may impose a financial and/or other sanction on you.

5.3 If we exercise our rights pursuant to Sections 5.1 or 5.2, no refund or compensation will be paid. Our rights in Sections 5.1 and 5.2 are without prejudice to any other remedies we may have.

6. Limitation of Liability

6.1 If you are a Consumer:
6.1.1 the Ticket provided to you is only for your domestic and private use and you agree not to use the Ticket for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity;
6.1.2 if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time that you purchased the Ticket;
6.1.3 we shall not be responsible for any interruptions and/or restrictions to your view of the Event caused by virtue of:
(i) the position of your seat where we have notified you before you acquired or purchased your Ticket that the seat has a restricted view; and/or
(ii) the actions of players, Event officials or other spectators; and
6.1.4 except as otherwise set out in these Terms, and to the fullest extent permitted by applicable law, we shall have no liability in respect of any delay or failure to stage a Event or delay or failure to admit you to the Venue to view an Event or for anything else referred to in these Terms, caused by any circumstances outside of our reasonable control.

6.2 If you are NOT a Consumer:
6.2.1 we exclude any liability for loss, injury or damage to persons/property in or around the Venue except in respect of death or personal injury resulting from our negligence or any other liability which cannot be excluded under applicable law;
6.2.2 we shall not be responsible for any interruptions and/or restrictions to your view of the Event caused by virtue of:
(i) the position of your seat where we have notified you before you purchased your Ticket that the seat has a restricted view; and/or
(ii) the actions of players, Event officials or other spectators;
6.2.3 except as otherwise set out in these Terms, and to the fullest extent permitted by applicable law, we shall not have any liability in respect of any failure to carry out, or any delay in carrying out, any matter in respect of these Terms, including any delay or failure to stage an Event or delay or failure to admit you to the Venue to view an Event or for anything else referred to in these Terms, caused by any circumstances outside of our reasonable control; and
6.2.4 subject to Sections 6.2.1 to 6.2.3, our total liability in respect of our breach of these Terms and/or your use of a Ticket, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not in any event exceed the amount paid by you to us for the Ticket.

6.3 Notwithstanding any provision of these Terms, we do not seek to exclude or limit our liability:
(i) for fraud or fraudulent misrepresentation;
(ii) for death or personal injury caused by our negligence or the negligence of any of our officers, employees or agents; or
(iii) for any other matter for which it is not possible to exclude or limit liability by law.

7. Other Important Terms

7.1 By applying for and/or using a Ticket you consent to us processing your personal data in accordance with our Privacy Policy (available https://www.englandnetball.co.uk/privacypolicy/ or as otherwise specified on the Website).

7.2 These Terms are between us and each person or entity to which Ticket(s) are sold, issued, or transferred from time to time. We shall be entitled to enforce these Terms against any person or entity that has acquired, held, sold, transferred or otherwise used or attempted to use Ticket(s).

7.3 We reserve the right to make changes to these Terms and the Spectator Regulations. Material changes will be notified to you by being put on display at the Venue and on the Website. Such changes will apply to Ticket(s) acquired or purchased after the date the changes are made.

7.4 The invalidity or partial invalidity of any provision of these Terms shall not prejudice or affect the remainder of these Terms, which shall continue in full force and effect. If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

7.5 Any failure by us to exercise, or delay in exercising, any right, power or remedy provided by these Terms, the Spectator Regulations or by law shall not constitute a waiver of that right, power or remedy.

7.6 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and may subcontract or delegate in any manner any or all of our obligations under these Terms to any third party or agent. This shall not affect your rights under these Terms. You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under these Terms.

7.7 If you are a Consumer:
7.7.1 you have legal rights if we do not comply with our obligations in these Terms with reasonable care and skill. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.
7.7.2 please note that these Terms are governed by English law. This means that your use of the Ticket and any dispute or claim arising out of or in connection with it (including in relation to any non-contractual disputes or claims) will be governed by English law. You can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.

7.8 If you are NOT a Consumer:
7.8.1 these Terms and any contractual or non-contractual dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales. We and you hereby submit to the exclusive jurisdiction of the Courts of England and Wales in relation to any dispute or claim arising out of or in connection with these Terms (including in relation to any non-contractual disputes or claims).
7.8.2 you confirm that you have authority to bind the entity on whose behalf you are applying for and/or using Ticket(s);
7.8.3 these Terms together with the Spectator Regulations constitute the entire agreement between you and us in relation to the purchase and use of Ticket(s) and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to the same; and
7.8.4 you confirm that you are not relying on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Spectator Regulations provided that nothing in this Section 7 shall exclude our liability for fraudulent misrepresentation.

8. Contacting Us

Please contact England Netball as follows:
Visit our help centre.

Postal Address: Participation Team, England Netball, SportPark, 3 Oakwood Drive, Loughborough, LE11 3QF Telephone: +44 (0)1509 277 850.

SPECTATOR REGULATIONS 

1. Admittance to the venue

1.1. Persons will only be admitted to the Venue if they possess a valid ticket for an Event which must be presented for inspection at the Venue point of entry.

1.2. Ticket holders and accredited spectators must retain their ticket or accreditation at all times whilst they are within the Venue. Spectators will be required to produce their ticket or accreditation if requested by Venue personnel.

1.4. Persons who are under 14 years of age will only be admitted to the venue if they are accompanied by an adult.

2. Refusal of admittance and removal from the venue

2.1. England Netball may refuse entry to the venue to any person and may remove or evict any person from the venue where, in the reasonable opinion of Event or Venue personnel, it is believed that the person may cause disruption or a risk to the safety or security of the session or the enjoyment of the session by others or breach any of these regulations or the Ticketing Terms.

3. Field of play and restricted areas

3.1. Ticket holders and non-accredited persons must not enter the field of play, or any area to which access is restricted, unless directed by event personnel. This may result in eviction from the Venue.

4. Smoking

4.1. Smoking will be prohibited within Venue perimeters (including open air areas). The use of electronic cigarettes, otherwise known as e-cigarettes, is not permitted within the Venue. Some areas immediately outside the Venue perimeter may also be designated as non-smoking areas and smoking will be prohibited in these areas.

5. Security checks and safety

5.1. To enter the Venue all persons must submit to a security screening. These may be carried out with the use of technical aids such as body and bag scanners. These may take place on, before or beyond the point of entry to the Venue. If ticket holders or accredited persons refuse to comply with any such inspections, they may be refused entry to or removed from the Venue.

5.2. CCTV is in place at the venue. Images and footage captured by this equipment will be monitored by Venue personnel. By purchasing and/or holding a ticket or accreditation, ticket holders and accredited personnel consent to the Venue’s use of CCTV images and footage, and to the footage and images being retained by the Venue and shared with relevant third party authorities for the purpose of administering security program for the event.

5.3 Pyrotechnics, lasers, smoke machines, strobe lighting/special effects may take place during some Events.

6. Prohibited Items and Restricted Items

6.1. Prohibited items are not allowed to be taken into the Venue and access will not be permitted to any person in possession of a prohibited item. Prohibited items must be disposed of prior to entering the Venue. England Netball will not provide a storage facility for prohibited items.

6.2. Prohibited Items include but are not limited to:

• hard sided bags of any size;

• soft sided bags in excess of 64 litres capacity (40cm x 40cm x 40cm);

• any glass or metal container;

• aerosols, creams, medicines and gels of more than 250ml;

• pets or other animals other than guide and service dogs;

• any vehicle or transportation device, including without limitation any motorcar, motorcycle, motor scooter, bicycle, segways, scooter, skateboard, roller skates or roller blades, with the exception of wheelchairs or mobility scooters where required in connection with a disability or an impairment;

• chairs or similar items that may be used, or which is intended to support or capable of supporting the weight of a person (other than walking aids where required as a result of a disability or injury);

• radio scanners, walkie talkies, personal wireless access points, radio frequency jamming devices or any other device which may affect equipment used by Event or Venue Personnel;

• strobe lights, laser pointers; and similar light emitting devices;

• remote controlled devices;

• illegal drugs or substances similar to illegal drugs;

• any item or substance capable of being used as an offensive weapon, including any type of firearm, projectile or firearms ammunition;

• any object, device, substance or item which may affect the safety of spectators or participants in any session or other persons at the venue, damage property including (without limitation) spray paint, be used to protest within/around a venue or interfere with the comfort and/or enjoyment of persons at the venue;

• fireworks, flares, pyrotechnics, smoke canisters or similar;

• hazardous substances including powders, pastes, chemicals, irritants, toxic substances and gas canisters;

• any type of knife or bladed item, including pocket knife, offensive weapon or implements such as extendable batons, or any items modified into weapons or replica or imitation weapons;

• items which appear to be prohibited items, for example replica firearms or hoax improvised explosive devices;

• inappropriately messaged clothing, banners, posters or material of any kind displaying inappropriate political and/or religious images/writing; offensive race related messages, slogans or images; offensive slogans or images as deemed by venue personnel;

• any objects bearing trademarks or other kinds of promotional signs and messages (of whatever nature) which the England Netball Organising Committee believes are for promotional or ambush marketing purposes;

• articles a person could distribute, hawk, sell, offer, expose for sale or display for marketing, promotional or commercial purposes;

• items which may be used in connection with any of the prohibited activities set out in regulation 7 (prohibited activities);

• any item which is too large to fit comfortably under a spectator seat or is likely to present a threat to safety in the event of an evacuation;

• any flag sticks or poles measuring over 1.5 metres in length and not made of soft plastic; and

• any other item that an authorised person considers dangerous, hazardous and/or illegal or that may be used as a weapon or missile or that may compromise or otherwise interfere with the safety or enjoyment of (or pose a hazard to) any person (including security) at the venue.

6.3. Restricted Items may be taken into the Venue but may not be used in any way that negatively impacts on the safety, security or comfort of others. A person may be removed or evicted from the Venue if they do not comply with the direction of Venue personnel with regards to the use of a restricted item.

6.4. Restricted items will not be permitted to be used in viewing areas and include, but are not limited to:

• large photographic and/or broadcast equipment over 30cm in length, including tripods and monopods and ‘selfie’ sticks;

• umbrellas;

• oversized hats;

• noise making devices;

• banners and flag poles;

• flags larger than 1.5 square meters;

• personal mobility devices, mobility aids and wheelchairs. These cannot be taken into the seating areas of the venue unless you are in possession of a ticket assigned to a wheelchair position or the device/aid can be easily stored under your seat. These items can however be stored at the spectator information point located within the venue.

• strollers or pushchairs. These cannot be taken into a seated area or any other area specified by venue personnel. Designated areas will be available at the venue for the storage of strollers or pushchairs.

7. Prohibited activities

7.1 You must not undertake, allow or procure the undertaking of any of the following activities in the Venue or within the vicinity of the venue:

• threatening behaviour and/or the use of foul or abusive language;

• religious, racial, sectarian, political, homophobic or discriminatory abuse or chanting;

• the taking of illegal drugs or substances similar to illegal drugs;

• any criminal activity, including fraud or theft;

• activities constituting a source of danger, nuisance or annoyance to any other person;

• standing in seated viewing or concourse areas;

• utilising a seat other than that allocated to you on your ticket, unless otherwise instructed by Venue personnel;

• posting, sticking or placing, or attempting to post, stick or place, any poster, placard, bill, banner, print, paper or any advertising material on any building, seat, structure, fence, tree or cordon within or within the vicinity of the venue;

• distribution, display or other use of any advertising or promotional material, matter or thing (including printed or electronic matter or samples);

• distributing, hawking, selling, or offering or exposing for sale any goods or services, or collecting money or orders for goods and services;

• misusing, tampering with, removing, damaging or defacing in any manner any property in the venue;

• blocking any thoroughfare including without limitation any stairs, steps, aisle, gangway, passage, entry or exit;

• littering;

• throwing or attempting to throw any object;

• disrupting, interrupting or behaving in any manner that may disrupt or interrupt any session, event or activity, or distracting, hindering or interfering with an athlete, official, Venue personnel, or interfering with the comfort of other persons or their enjoyment of the event;

• restricting the view of other persons by raising umbrellas or other items within the spectator viewing areas;

• starting or attempting to start a fire;

• tampering with fire safety equipment or alarms;

• interfering with, obstructing or hindering event or venue personnel in the exercise of their powers, functions or duties;

• operating or using a loud hailer, public address system or other broadcast device;

• conducting public surveys or opinion polls, soliciting money, donations or subscriptions from members of the public unless permitted by England Netball;

• conducting entertainment without a licence and authorisation from England Netball;

• inflating or causing to inflate any balloon, receptacle, device or structure;

• betting or gambling;

• Collecting, using or transmitting of any scores, results or related statistics or data for any commercial, betting or gambling purpose.

• distributing, selling, or offering or exposing for sale tickets, or collecting money or orders for tickets outside of England Netball authorised retailers;

8. Photo and video content

8.1. Spectators may capture, record and/or transmit still images and/or data taken within the venue including by sharing such still images and/or data on social media and the internet provided such capture, recording or transmission is made solely for personal, private, non-commercial and non-promotional purposes.

8.2. Spectators may capture, record and/or transmit audio or video taken from the venue, solely for personal, private, non-commercial and non-promotional purposes, but may not license, broadcast and/or publish any such video and/or sound recordings to any public platform including any social media platforms or the internet.

8.3 By attending a session you consent to the broadcast, photographing and recording of you, your image, likeness and voice, by us and persons authorised by us. You acknowledge that you shall have no right in or to such broadcast, photograph or recording, or to be remunerated for such broadcast, photograph or recording, nor any right to object to, or to be identified in relation to, such broadcast, photograph.

PARTICIPATION

1. Introduction:

These are the terms and conditions applicable to all participants (“Participants”) who have registered to participate in a session or series of sessions of an England Netball participation programme (“Participation Programme”). These terms and conditions cover the following Participation Programmes:

Back to Netball
Bee Netball
Netball Festivals
Netball Now
Netball Youth Camps
Walking Netball

Please read these terms and conditions (the “Terms”) carefully to ensure that you understand and agree to them, as they contain the legal terms and conditions that all Participants shall be deemed to have agreed to when registering for a Participation Programme. All Participants must adhere to these Terms at all times.

England Netball Participation Programmes are owned and managed by the All England Netball Association (“England Netball”), a company limited by guarantee (registered number 01698144) whose registered office is England Netball, SportPark, 3 Oakwood Drive, Loughborough, Leicestershire LE11 3QF.

England Netball may deliver the Participation Programme directly or the Participation Programme may be delivered by an England Netball approved and authorised partner (“Programme Provider”).

2. Programme Registration:

All Participants attending an England Netball Participation Programme, delivered by England Netball or a Programme Provider, must complete a registration form (either online or in hard copy) before they participate in any session. For Participants under the age of 18 the programme registration must be completed/authorised by the participant’s parent/guardian. All Participants completing a hard copy registration form will have a digital account set up on their behalf to enable the Participant to view and manage their Participation Programme bookings through England Netball’s online booking system. By completing the registration form and making payment for a Participation Programme you are entering in to a contract with England Netball or with England Netball and the Programme Provider if the Participation Programme is delivered by a Programme Provider.

3. Programme Fees:

Where England Netball is the deliverer of the Participation Programme the fees will be set by England Netball. England Netball may offer discounts when booking multiple sessions; this discount is only available when booking consecutive sessions. The discount will automatically be applied when using the England Netball online booking system.
If the Participation Programme is delivered by a Programme Provider the Programme Provider will set the fees and any applicable discounts for the Participation Programme.

4. Programme Details:

As far as reasonably possible sessions will be run at the locations and times advertised. England Netball or the Programme Provider reserve the right to change the location or time of any session and will notify Participants in advance of the session.

5. Programme Behaviour:

All participants are asked and expected to participate in the session in a safe and sporting manner and with due regard for other participants.

You must ensure that you do not pose any potential risk to any other participant and the England Netball or Programme Provider lead coach/host or facilitator will check for any adaptions that may need to be made before you are able to take part in the session. England Netball or the Programme Provider reserves the right to refuse your participation if you are unable or unwilling to make the advised adjustments.

In particular you should make sure your nails are short and smooth and that any jewellery is removed, save for a wedding ring or medical alert bracelet. Wedding rings and medical alert bracelets should be covered and securely fastened. Head coverings should be unembellished and secured to ensure there is no potential hazard.

Please ensure that you read England Netball’s Code of Conduct as you will be bound by this at all sessions. A breach of the Code of Conduct may lead to removal from the session and/or programme and England Netball members may also be subject to disciplinary procedures.

England Netball or the Programme Provider reserve the right to refuse entry to an England Netball Participation Programme in the following circumstances:

• You are in breach of these Terms;
• In the reasonable opinion of the appointed lead coach/host or facilitator you are in breach of the England Netball Code of Conduct.

In such cases a refund will not be issued.

6. Insurance:

All sessions recognised and authorised by England Netball will be covered by Public Liability insurance.

As part of your participation in an authorised and recognised Participation Programme and if you are also a member or subscriber of England Netball, you may (dependent on the Membership or Subscription package you have purchased) be covered by England Netball’s programme of insurance.

Summary details of England Netball’s programme of insurance can be accessed via the England Netball website.

Any England Netball Member or Subscriber that is covered by the programme of insurance should make her/himself aware of the terms and other details of such insurance that applies to them and details are available upon request.

If you are participating in a Participation Programme but are not a member or subscriber of England Netball you will not be covered by England Netball’s programme of insurance.

7. Cancellation and Refunds:

For Participation Programmes delivered by England Netball:

Once you have booked your place on a Participation Programme delivered by England Netball, the fees paid for a single session or multiple sessions are non-refundable and are not able to be transferred to another person.

If you complete your registration for a Participation Programme online and you change your mind, a full refund will only be available if you provide notice of your wish to cancel your order in writing to the email address or postal address at the end of these Terms within fourteen days from the day after your order is made. No refunds will be issued if you cancel any part of your order after this fourteen day period. Please note that if you attend any part of a session included in your order during this 14 day period, your right to cancel and receive a refund of your fees for any session within your order shall immediately cease.
England Netball will make every effort not to cancel sessions, but do reserve the right to do so when required.

In the event that England Netball needs to cancel an individual session due to unforeseen circumstances, e.g. inclement weather, the fee paid for that session will be transferred to the next session. If there is not a further session available or if you have already paid for all available sessions, a full refund for that specific session will be given.

In the event that you have booked a series of sessions that England Netball has to cancel, we will attempt to transfer you to an alternative appropriate set of sessions. If this isn’t possible a full refund for the sessions that you have not been able to attend will be given. Any sessions that did run as part of your booking will not be refunded.

England Netball will not be liable for any costs incurred by a Participant for attending a session that is cancelled.

For Participation Programmes delivered by a Programme Provider:

The terms and conditions for cancellation and refunds for Participation Programme’s delivered by a Programme Provider are set by the Programme Provider. Please contact the Programme Provider for full details.

8. Termination:

England Netball or the Programme Provider reserve the right, in their sole discretion, to
(i) Refuse participation in a session; and/or
(ii) Suspend participation in a series of sessions; and/or
(iii) Terminate all bookings made for a Participation Programme;
in the following circumstances, if
a) You breach these Terms or any other requirements set out on the England Netball website in any manner and at any time;
b) You fail to meet, or at any point during the Participation Programme cease to meet, the required criteria for Participation;
c) You are suspended or barred (on an interim or permanent basis) from any netball activity pursuant to England Netball’s Articles of Association, Codes of Conduct, rules and regulations of England Netball, including, but not limited to, England Netball’s Disciplinary and Safeguarding Regulations; or
d) In the reasonable opinion of England Netball or the Programme Provider, you act in any manner which brings England Netball or netball activity into disrepute.

In all such cases England Netball or the Programme Provider will have no liability to refund you or pay any other compensation to you in connection therewith. In the event of a suspension, England Netball or the Programme Provider may decide in its discretion to lift such suspension when it considers it is appropriate to do so.

In the event that your participation is terminated or suspended:

(a) Your access to England Netball’s online booking system will be suspended or terminated as appropriate. England Netball may, in its sole discretion, permit you access to certain parts of England Netball’s online booking system after such termination or suspension for a period as it considers fit. In the event that any participation suspension is lifted, full access will resume.

9. Privacy:

Your personal information will be used in accordance with England Netball’s privacy policy and the contact/privacy options you select when registering for a Participation Programme.

If the Participation Programme is delivered by a Programme Provider they will be a joint controller of your data and will have a specific privacy notice in place which will explain in more detail how they will process your personal data regarding your involvement in the Participation Programme.

10. Amendments:

England Netball reserve the right to amend these Terms with or without notice to you from time to time. Any such amendment shall be effective once the revised Terms have been posted on the England Netball website, and it shall be your responsibility to check these Terms for any such amendments. To the extent that any amendment to the Terms affects your rights or responsibilities in connection with your participation, England Netball shall notify you of such changes in advance of them becoming effective. England Netball reserves the right to re-brand Participation Programme products at any time.

11. Ownership of Materials and Intellectual Property Rights:

England Netball are, unless otherwise stated, the owners of all copyright, database and other intellectual property rights in all materials provided or made available to you as part of your participation in an England Netball Participation Programme provided either through England Netball’s online booking system, on England Netball’s website, by other electronic means or in hard copy (the “Participation Materials”), with all rights reserved. This includes, without limitation, copyright and other intellectual property rights in videos, presentations, photographs, audios, documents and other text in such Participation Materials. You may not copy, publish, distribute, extract, re-utilise, or reproduce any part of the Participation Materials in any form (including photocopying or storing it in any medium by electronic means) other than (i) as specifically required to be permitted by applicable law, or (ii) as specifically provided by England Netball on a case by case basis. In particular, you shall not incorporate any Participation Materials in any commercial work or publication, whether in hard copy or electronic or any other form, and no part of any Participation Materials may be distributed or copied for any commercial purpose.

All brand, product and service names, logos and images used in the Participation Materials are the property of England Netball, unless otherwise stated, with all rights reserved. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any of the trademarks, trade names or service marks on the Participation Materials without the prior written permission of England Netball or, where applicable, the owner of such trademarks, trade names or service marks.

12. Disclaimer of Warranties and Liability:

To the fullest extent permitted by English law, England Netball and the Programme Provider make no representations, undertakings or warranties about the Participation Programmes, or any content or information provided as a result of being a Participant. To the fullest extent permitted by English law all representations, warranties and undertakings (express or implied) in respect of participation are excluded.

13. Liability:

Except in the case of fraud, death or personal injury caused by the negligence of England Netball or the Programme Provider or other cases where by law liability cannot be excluded or limited, England Netball and the Programme Provider exclude all liability to you in respect of your participation in a Participation Programme, or any information or other content obtained either directly or indirectly as a result of your participation, howsoever arising, in any circumstances and whether in contract, tort, negligence, misrepresentation or otherwise.

Under no circumstances shall England Netball or the Programme Provider have any liability for any loss of profit, business opportunity, goodwill, anticipated savings or data, or for any special, indirect, incidental or consequential loss or damages of whatsoever kind resulting from your participation, or any information or other content obtained either directly or indirectly as a result of your participation, howsoever arising, in any circumstances and whether in contract, tort, negligence, misrepresentation or otherwise.

England Netball or the Programme Provider will not be liable for any loss/damage to or theft of participant’s personal property or for any injury sustained during or as a result of attending a Participation Programme session.

14. General:

These Terms and all aspects of participation are governed by and will be construed in accordance with the laws of England. Any disputes arising under or in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the English courts.

Any failure by England Netball or the Programme Provider to exercise any right or remedy under these Terms or at law does not constitute a waiver of that right or remedy or a waiver of any other rights or remedies. No single or partial exercise of a right or remedy by England Netball or the Programme Provider under these Terms or at law prevents further exercise of the right or remedy or the exercise of any other right or remedy.

If a competent court of law or authority finds that any part of these Terms is invalid, unlawful or unenforceable to any extent, England Netball shall delete the relevant part from the Terms and the remainder of the Terms shall continue to be valid and enforceable to the fullest extent permitted by the laws of England.

15. Contact information:

Please contact England Netball as follows:
Visit our help centre.
Postal Address: Participation Team, England Netball, SportPark, 3 Oakwood Drive, Loughborough, LE11 3QF Telephone: +44 (0)1509 277 850.

ENGLAND NETBALL COURSE, WORKSHOP OR EXAM T&Cs

1. Introduction: 

These are the terms and conditions applicable to all learners who have registered to participate in an England Netball course, workshops or exam – across Coaching, Officiating and CPD (Virtual delivery and Face to Face delivery).

Please read these terms and conditions carefully to ensure that you understand and agree to them, as they contain the legal terms and conditions that all learners shall be deemed to have agreed to when registering for a course. All learners must adhere to these Terms and Conditions at all times.

England Netball courses are owned and managed by the All England Netball Association (“England Netball”), a company limited by guarantee (registered number 01698144) whose registered office is England Netball, SportPark, 3 Oakwood Drive, Loughborough, Leicestershire LE11 3QF.

2. Cancellation of Courses, Workshops or Exams by England Netball:

England Netball reserves the right to cancel or reschedule courses, workshops or exams at their discretion, for example but not exclusive to: insufficient learners enrolled, workforce illness. In such cases learners shall be offered a refund of the fees paid or a transfer to an alternative course. In such cases England Netball’s liability shall be restricted to reimbursement of any fees paid to them alone and will not cover additional fees indirectly associated with the course.

3. Refunds:

Should you change your mind about registering for a course after you have paid your course fees, a full refund will be available if you notify us of your wish to cancel your registration in writing to the email address at the end of these Terms and Conditions within fourteen days from the day after your order is paid for.

4. Cancellation charges:

Once an application has been made, the learner is liable for the fee, regardless of whether they later decide to withdraw voluntarily from the course.

No refunds of fees will be permitted once the learner has started the course for any reason, including but without limitation, early withdrawal from a course or non-attendance unless there is a justifiable reason such as illness or injury, or extreme personal circumstances beyond the learner’s control. Learners must then complete the extenuating circumstances form and attach the relevant documentation which will be considered by England Netball. If accepted the learner will then be allowed to transfer to another course (subject to a transfer fee and availability on another course).

Extenuating circumstances can also be applied for if you experience exceptional, unforeseeable, short term circumstances which affect your ability to submit your portfolio of evidence within the relevant timeframe or attend any part of the course. Extenuating circumstances must be applied for using the extenuating circumstances form.

Learners must be able to evidence that they meet any pre-requisite entry requirements, such as age, and qualifications.

5. Equal Opportunities:

England Netball is committed to promoting equality of opportunity for all learners to ensure that no-one is discriminated against on the grounds of age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity.

6. Privacy: 

Your personal information will be used in accordance with England Netball’s privacy policy and the contact/privacy options you select when registering for a course.

7. Payment Terms:

All course fees are due at the time of application and should be made in Sterling. Places will not be held without payment.

8. Course fees:

Includes: 

• Certificates (as applicable) upon completion.

• One assessment where indicated.

• Study/resource materials.

 Does not include: 

• Travel or accommodation expenses.

• Replacement certificates or study/resource materials. There will be a charge associated to any replacement materials if requested by the learner.

• Re-assessment fees.

• Stationery and materials.

9. England Netball Coaching Course Registration Period:

Each coaching course has a specified registration period and the learner must complete all aspects of the learning programme and assessment within that registration period. For Level 1 courses the registration period is 12 months, for Level 2 courses the registration period is 24 months and for Level 3 courses the registration period is 36 months. No extension periods will be granted for a coaching course without the learner providing England Netball with an extenuating circumstances form. Only one extension period in relation to a coaching course may be granted per learner.

If the learner fails to complete all aspects of the course within the registration period and can prove extenuating circumstances an extension may be granted (at the discretion of England Netball or 1st4sport, where applicable). A re-registration fee will, however, be charged. It is the responsibility of the learner to contact us as soon as possible and complete the extenuating circumstances form with supporting evidence.   Where the learner does not apply for an extension or re-register within six months beyond their registration period, they will be required to repeat the course.

10. England Netball Officiating Registration Period:

Each officiating course has a specified registration period and the learner must complete all aspects of the learning programme and written and practical assessments within that registration period. The Into Officiating Award is the mandatory starting point for all new learners on the Officiating Pathway and learners must ensure they fully complete the previous part of the Pathway before attempting to progress to the next award.

For Into Officiating courses the registration period is 2 years in which time a learner must apply to their county to under take a final practical assessment. On completion the qualification has no expiry date. Umpires are advised to gain further experience and progress onto the C Award pathway when they feel ready.

For C Award courses the registration period is 2 years in which time a learner should gain practical experience at the correct level. Before the end of this period a learner will also need to complete the Europe Netball online C Award Written Assessment provided as part of their course registration (ordinarily 6 months after their course attendance date however earlier and subsequent attempts are permitted). Once successful on the C Award Written assessment the learner will have 2 years in which to apply to their County to undertake a practical assessment. The County will have up to 3 months to arrange a practical assessment. On completion of the practical assessment the qualification awarded has no expiry date but umpires are expected to remain up to date by attending local update workshops and by maintaining performance in line with the outlined competencies for the award.

For B Award courses the registration period is 2 years. Before the end of the registration period the learner must pass the Europe Netball A/B written assessment at either B Award or A Award level. Following passing the Europe Netball A/B Award written assessment the learner will have a further period of two years to apply to their Region to undertake a practical assessment. On completion of the practical assessment the qualification awarded has no expiry date but umpires are expected to remain up to date by attending local update workshops and by maintaining performance in line with the outlined competencies for the award.

No extension periods will be granted for an officiating course without the learner providing England Netball with an extenuating circumstances form. Only one extension period in relation to an officiating course may be granted per learner.

11. Rights and obligations of England Netball:

• England Netball shall use reasonable endeavour to provide the learner with an education service which may, where appropriate, include a programme of study; classes and relevant learning support intended to prepare the learner for assessment and qualification. England Netball reserves the right to make alterations to courses, assessments, workforce, fees or venues without prior notice provided such alterations shall not substantially affect the course content or qualification and such alterations shall, at best, only entitle the participant to reimbursement of any course fees paid.

• England Netball reserves the right to dismiss any learner at any time for behaviour, which is deemed to be unprofessional, inappropriate or disruptive to other learners or England Netball workforce. No fees will be refundable for any learner dismissed under this section.

• England Netball reserves the right to dismiss any learner at any time for malpractice including cheating in assessments, assisting others to cheat, falsification of log books and plagiarism. No fees will be refundable for any learner dismissed under this section.

• All England Netball courses and course materials are in English. Should the learner not speak English as a first language then England Netball will allow the learner to bring an interpreter, at the learner’s expense. There will be no course charge for the interpreter as long as the venue can accommodate an extra person.

12. Rights and obligations of the learner:

• Learners should meet and comply with the requirements and/or standards set out in these Terms and Conditions.

• Learners should familiarise themselves with all relevant course policies and course requirements.

• Learners should notify England Netball of any additional requirements and/or learning needs in advance of the course.

• Learners should comply with all standard course / workshop / CPD / Exam requirements.

• Behave in a manner, which does not cause injury or damage to other persons, in particular to the property of England Netball, its workforce, learners or visitors and does not impede or prevent the provision of the course or any other course or otherwise harm the standing and reputation of England Netball.

• Attend all course / workshop / CPD / exam dates, and assessments and complete the programme of study in full and in the stated order (as applicable).

• Undertake to complete the course / workshop / CPD / exam and any required assessment within the appropriate registration period.

• Learners must satisfy themselves that the particular course / workshop / CPD / exam they have chosen meets their requirements by reading all available information on the course before commencing the course.

13. Health and Safety:

• Learners need to take personal responsibility for the health and safety of themselves and others; to observe safe standards of behaviour and dress; and to familiarise themselves with the safety requirements of England Netball and course venue.

• Learners should not interfere with equipment or materials provided without supervision or authorisation.

• Learners are responsible for monitoring their own health and medical conditions. Any learner requiring extra support due to a medical condition is required to declare this prior to the start of the course.

14. Copyright and Intellectual Property:

The copyright of all material provided by England Netball shall remain vested in England Netball and may not be reproduced without England Netball’s specific written consent. All intellectual property rights derived from any work created by a learner during or as part of a course shall and hereby vest in England Netball.

15. Contact information:

Please contact England Netball as follows:
Visit our help centre.
Postal Address: Participation Team, England Netball, SportPark, 3 Oakwood Drive, Loughborough, LE11 3QF Telephone: +44 (0)1509 277 850.