Terms & Conditions

Membership Region, County, League & Club Contract Ticketing Participation Programme

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 contact membership@englandnetball.co.uk for 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 us as follows:

Email: membership@englandnetball.co.uk  Postal Address: Membership, England Netball, SportPark, 3 Oakwood Drive, Loughborough, LE11 3QF Telephone: +44 (0) 1509 277 850.

Region, County and Club Membership and League Registration 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), County(ies) and Club(s) can be found online here and benefits for registered leagues 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.
Description Details
Subject matter of the processing Participant and member data.
Duration of the processing For the duration of the contract.
Nature and purposes of the processing The nature of the processing means any operation such as collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of data (whether by automated means or not)

The purpose of the processing is to allow England Netball and Regions, Counties, Clubs and Leagues to properly administer the involvement of participants and members in Netball and to provide information about Netball on a local, regional and national level in accordance with the England Netball Privacy Policy and individual’s communication preferences.

Type of Personal Data Name, postal address, DOB, email address and telephone number.

Plus, in some cases, health, disability, and ethnicity. Membership records, participation data, qualifications data, disciplinary data and player information.

Categories of Data Subject Netball participants and members.
Permissible transfers of personal data to third countries None other than where the third country has an adequacy agreement
The point of contact for England Netball is dataprotection@englandnetball.co.uk
The point of Contact for Regional Management Board Regional Data Protection Lead
The point of Contact for County Netball Association County Data Protection Lead
The Point of contact for the Club is Club Data Protection Lead
The Point of contact for the League is League Data Protection Lead
Responsibility for providing information to data subjects under Article 13 and 14 of the GDPR. Each party is responsible for providing information to data subjects under Article 13 and 14 of the GDPR by providing a Privacy Statement to the data subject at the time that personal data is first collected.

Each party is responsible for publishing the essence of this agreement in its Privacy Notices.

Responsibility for responding to Data Subject Rights Requests under Articles 15-22 of the GDPR. Each party is responsible for responding to Data Subject Rights Requests under Articles 15-22 of the GDPR which are addressed to the party in question.

Each party shall cooperate unreservedly with the other to assist with the response to Data Subject Rights request where the data are under joint control.

Responsibility for notifying the Information Commissioner (and data subjects) where necessary about data breaches. Each party is responsible for notifying the Information Commissioner (and data subjects) within 72 hours where necessary about data breaches that occur to the personal data under its control as controller.

Additionally, each party shall inform the other within 72 hours where necessary about data breaches that occur to the personal data under its control as controller.

England Netball is responsible for notifying the Information Commissioner (and data subjects) within 72 hours where necessary about data breaches that occur to personal data under joint control.

Responsibility for maintaining records of processing under Article 30 of the GDPR. England Netball is responsible for maintaining records of its processing under Article 30 of the GDPR.

The Region is responsible for maintaining records of its processing under Article 30 of the GDPR if it has more than 250 members.

The County is responsible for maintaining records of its processing under Article 30 of the GDPR if it has more than 250 members.

The Club is responsible for maintaining records of its processing under Article 30 of the GDPR if it has more than 250 members.

The League is responsible for maintaining records of its processing under Article 30 of the GDPR if it has more than 250 members.

Responsibility for carrying out any required Data Protection Impact Assessments. Each party is responsible for carrying out any required Data Protection Impact Assessments concerning personal data it processes as controller.

England Netball is responsible for carrying out any required Data Protection Impact Assessments concerning personal data under joint control.

 

Revised September 2018

PLEASE REFER TO SECTION 2 REGARDING TRANSFER OF TICKETS. TICKETS PURCHASED OR OBTAINED IN BREACH OF THIS SECTION WILL BE VOID AND MAY BE SEIZED OR CANCELLED WITHOUT REFUND OR COMPENSATION.

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 (register number IP27981R) 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 (available at www.englandnetball.com/tickets) 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 (babes 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

You can contact us about these Terms and Conditions by telephoning our customer service team at 01509 277 850 or by contacting us via ticketing@englandnetball.co.uk.

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

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