TRY TAG RUGBY TERMS AND CONDITIONS
1.1 Definitions. In this Agreement, the following definitions apply:
Agreement: these Try Tag Rugby Terms and Conditions, as amended from time to time in accordance with clause 6.
Business Day: a day other than a Saturday, Sunday or a public holiday in England when banks in London are open for business.
Commencement Date: means the date on which we accept Your Order for the Services in accordance with clause 4.2.
League Services: the services supplied by TTR to You for the organisation of and right to participate in Try Tag Rugby league games, tournaments and friendlies including match results and team performance information on the TTR website.
Order: the application made by You for the supply of Services through our Website (or otherwise by email or post).
Pitch/Pitch Hire: the exclusive use of a pitch or pitches as outlined in the separate Pitch Hire Agreement for the purposes of playing Try Tag Rugby, whether for league games, tournaments, friendlies or other sessions organised by Us. Pitch Hire may be granted to all teams/clubs, whether initially registered as such or assembled by TTR from a number of individuals.
Premises: the grounds and/or equipment and/or rooms and the Pitch to which You are provided access as part of the Services.
Services: the services supplied by TTR to You as set out in this Agreement comprising the League Services and/or the provision of associated equipment such as tags, Tag Rugby shorts, rugby balls and cones.
Team Organiser: the individual who registers a team and provides his/her contact details during the registration process on the Website and is responsible for all team payments under this Agreement, pursuant to clause 7.9.
Try Tag Rugby or TTR: means the local Try Tag Rugby contracting entity supplying the Services, as set out at Schedule 1 and “our”, “us” and “we” shall be construed accordingly.
Website: means the website operated by TTR at https://trytagrugby.com/.
You: the team/club who purchases the Services from TTR. You may also be the Team Organiser purchasing the Services on behalf of a whole or part of a team/club, or an individual player purchasing the Services on behalf of themselves to be included in a team/club. In all cases the Services will only be supplied to teams/clubs. “Your” shall be construed accordingly.
1.2 Construction. In this Agreement, the following rules apply:
(a) When certain words and phrases are used in this Agreement, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in either clause 1.1 above, or the clause of this Agreement where it is defined.
(b) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(c) A reference to a party includes its personal representatives, heirs, executors, administrators, successors or permitted assigns;
(d) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(e) 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
(f) a reference to writing or written includes faxes and emails.
2. OUR TERMS
2.1 These are the terms and conditions on which we supply the Services to You.
2.2 Why You should read them. Please read these terms carefully before You submit Your registration to us. These terms tell You who we are, how we will provide the Services to You, how You and we may change or end the Agreement, what to do if there is a problem and other important information.
3. HOW TO CONTACT US
3.1 You can contact us by telephoning 0203 137 2722 or by writing to us by email at firstname.lastname@example.org or by post to Try Tag Rugby Limited, 2B08 South Bank Technopark, 90 London Road, London, SE1 6LN, or as otherwise specified on our Website under the “contact” section.
3.2 If we have to contact You we will do so by telephone or by writing to You at the email address or postal address You provided to us when You registered with us.
4. ORDERING SERVICES
4.1 You must be at least 14 years old to place an Order for Services.
4.2 Your Order constitutes an offer to us. Our acceptance of Your Order will take place when we write to You to accept it or when You receive a confirmatory registration message, at which point this Agreement will become legally binding on You and us, subject to a 14 day period in which You have the right to cancel any Order You make. Where an Order is made by an individual, confirmation of our acceptance of Your Order may be subject to, amongst other requirements, either creating a new team out of a number of individuals or allocating individuals to existing teams.
4.3 If Your Order is not accepted by us, we will inform You of this and will not charge You for the Services. This might be because of limits on our resources or because we have identified an error in the price or description of the Services.
4.4 Each Order shall incorporate the Agreement and shall be a new and separate contract between You and TTR.
4.5 We may offer auto-renewal for any continuing leagues, as published on the Website. Towards the end of the Term of this Agreement we may contact you to offer you the opportunity to renew this Agreement upon the payment of a deposit by a date which we will specify to you in writing.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If You wish to make a change to the Services please contact us. We will let You know if we agree to the change, in our sole discretion. If we do, we will let You know about any changes to the price of the Services, their timing or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Services. We may change the Services:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to implement technical adjustments and improvements, for example to address a security threat, industrial strike, the condition of the pitches and facilities we use, or to accommodate the number of teams registered for our leagues. These changes may have an effect upon Your use of the Services such as the number of matches played in a season or the match times or location where they are played;
(c) if there is a reduction to the number of matches each team plays in any given season than originally advertised to accommodate increased team numbers, in such event we will issue a pro rata refund to reflect the reduction in matches; or
(d) if there is an odd number of teams in the league or a team forfeits a match, we may organise a friendly fixture for Your team. A friendly fixture is part of Your team’s match allocation for that season.
6.2 If we change the number of players per team format prior to the league/competition commencing We will notify you before the changes take effect, and You are entitled to a full refund (less the Registration Deposit outside of the initial 14 day cancellation period).
6.3 Each time You use our Services You agree to adhere to our rules and match regulations available at https://trytagrugby.com/play/about-our-leagues/league-regulations/ (“Rules”) and our Code of Conduct available at https://trytagrugby.com/about-us/governance/terms-conditions/. We reserve the right to change the Rules at any point, including mid-way through a league or season. Accordingly, each time You use our Services, You accept this Agreement as it applies at that date.
7. PROVIDING THE SERVICES
7.1 When we will provide the Services. We will supply the Services to You from the Commencement Date until we have completed the Services. The estimated completion date for the Services is as outlined on our Website at the time of contracting, or until either You end the Agreement as described in clause 9 or we end the Agreement by written notice to You as described in clause 10.
7.2 We are not responsible for cancellations, delays and other circumstances outside our control. If our performance of the Services is affected by circumstances outside our control then we will contact You as soon as practical to let You know and we will take steps to minimise the impact.
7.4 Reasons we may suspend the Services. We may suspend the Services to:
(a) deal with technical problems or make minor technical changes;
(b) update the Services to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Services notified by us to You (see clause 6).
7.5 Your rights if we suspend the Services. Where possible, we will contact You in advance to tell You we will be suspending the Services. If we have to suspend the Services for longer than three weeks in any period we will provide compensation on a pro-rata basis so that You do not pay for Services while they are suspended, subject to clause 8 below. You may contact us to terminate the Agreement if we suspend the Services, or tell You we are going to suspend them, in each case for a period of more than three weeks. The right to cancel this Agreement under this clause does not arise, nor does the refund become payable in the event Your Services are suspended pursuant to the matters outlined at clause 7.7.
7.6 We may also suspend the Services if You do not pay. If You do not pay us for the Services in accordance with clause 12 and You still do not make payment within 7 days of us reminding You that payment is due, we may suspend the Services until You have paid us the outstanding amounts. We will contact You to tell You we are suspending the Services. We will not suspend the Services where You reasonably dispute the unpaid invoice. We will not charge You for the Services during the period for which they are suspended under this clause 7.6. As well as suspending the Services, we may also charge You interest on Your overdue payments in accordance with clause 12.7. Any suspension of Services outlined under this clause 7.6 will not impact the use of the Pitch under the Pitch Hire Agreement unless expressly stated by TTR.
7.7 We may suspend Services if You breach the Agreement. We may suspend the Agreement at any time by writing to You if:
(a) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, details of the players to be registered in Your club/team;
(b) You abuse or insult TTR Staff, referees, volunteers or other players, whether in person or in writing, on social media channels and/or in correspondence;
(c) You engage in on-field disciplinary issues; which can be reviewed at the playing venue or at a later date by our staff. Such matters include, but are not limited to, persistent sending off or sin bins; sending off for a repeated or serious breach of the Rules or our safety policy; dangerous, unsporting or criminal conduct;
(d) You act against the interests of TTR, for example by recruiting, or attempting to recruit, for rival organisations or businesses at our leagues and venues; or
(e) a team of which you are a member forfeits two matches in one season after 4pm on match day or are a no show.
7.8 If you are suspended, suspension of Services is a ban on You playing any matches at our venues or competitions until we agree to reinstate Services to You. We reserve the right to suspend partial Services to You, such as the ability to play for another team in the event that they require a player at short notice, in the event of circumstances set out at clause 7.7.
7.9 If you are a Team Organiser, you are responsible for all payments under this Agreement. If for any reason a team has not paid for a season in full, the Team Organiser is responsible for any shortfall. Teams can be registered by logging in to the Website.
7.10 Beneficial extras do not form part of our Services. As a registered TTR player, whether as an individual player or part of team, You receive additional benefits such as the ability to be a “ringer” for other teams and on some occasions food and drink offers from pubs and after-match venues whom we have partnered with. These extras do not form part of the Services we provide and we are not liable if extras are not provided.
7.11 The guarantee of specially marked (painted lines or similar) Tag Rugby pitches does not form part of our Services. We use a variety of pitches across all our venues, these range from unmarked pitches, to partially marked pitches using markings from other sports, to specially marked Tag Rugby pitches. At times markings may change from season to season or during a season. Some venues may have a mix of different pitch markings. Having specially marked Tag Rugby pitches do not form part of the Services we provide and we are not liable if these are not provided.
8. EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by an event outside our reasonable control.
8.2 This means any act or event beyond our reasonable control, including without limitation, a team You are scheduled to play failing to play or arrive for that match without prior notice, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, snow, drought, severe weather, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks; or failure in the inadequacy of the facilities in which matches are to be played (such as water logging, frozen pitch, floodlight failure).
8.3 If an event outside our control takes place that affects the performance of our obligations under the Agreement:
(a) We will contact You as soon as reasonably possible to notify You; and
(b) Our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside our control. Where the event outside our control affects our performance of Services to You, we will resume the Services as soon as reasonably possible after the event outside our control is over;
(c) If we cannot resume the Services provided to You, i.e., if to do so would extend the Services beyond the season’s end date, which runs for a fixed period, the Services will be reduced. We will provide you with credits on a pro-rata basis to compensate You, provided the suspension of Services lasts for longer than three weeks in any period, and subject to the following conditions:
i. Credits will only be valid against future Services and not any other services.
ii. Credits will only be given to Team Organisers; no credits will be given to individuals.
iii. Credits cannot be used to pay for any one day festivals or other TTR events. If the team is currently playing at a venue that is not operating during the following season, the credit may be used at one of TTR’s other venues.
iv. Credits cannot be used to contribute towards a deposit for a league.
v. Credits are not transferable to other teams.
vi. Credits must be used within two years of their provision by Us to You.
9. YOUR RIGHTS TO END THE AGREEMENT
9.1 You can always terminate the Agreement before the Services have been supplied and paid for. You may contact us at any time to terminate the Agreement, but in some circumstances we may charge You certain sums for doing so, as described below. The £100 deposit for registering for a league (“Registration Deposit”) is only refundable within the first 14 days following our acceptance of Your Order. For the avoidance doubt, all references to refunds of any kind in the Agreement exclude the Registration Deposit unless the Agreement is terminated within the first 14 days following our acceptance of Your Order.
9.2 You are also liable to pay a refundable attendance bond of £75 before receiving the Services (the “Bond”). We may deduct reasonable sums from the Bond as compensation for failing to turn up to matches on time or entirely, and for repairing any damage caused by You or any members of Your team to the Premises.
9.3 We shall return the remaining Bond within 14 days of termination of the Agreement.
9.4 To exercise the right to terminate, You must inform us of Your decision to cancel the Agreement with us by making a clear statement (e.g. a letter sent by post, or email). The easiest way to do this is to contact us using the contact details which are found at clause 3.1. You may use the following model cancellation form but You are not required to do so:
Model Cancelation Form
To: [name], [address]
E-mail address: [address]
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contracts for the provision of the following services*,
Ordered on(*) / accepted on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
(*) Please delete if not applicable
9.5 To meet the termination deadline in order to receive Your Registration Deposit and any other monies paid, it is sufficient for You to send Your communication concerning the exercise of Your right to terminate before the termination period has expired.
9.6 We will send You an acknowledgement of receipt of Your notice to cancel by email.
9.7 We will make any reimbursement without undue delay, and not later than 14 days after the day we are informed about Your decision to terminate the Agreement. We will make the reimbursement using the same means of payment as You used for the initial transaction. In an event where You request a refund via a different means to how you paid, any charges that have been or will be incurred by Us in relation to your order will be deducted from the reimbursed amount.
9.8 What happens if You have good reason for terminating the Agreement. If You are terminating the Agreement for a reason set out at (a) to (e) below, the Agreement will terminate immediately and we will refund You in full, for any Services which have not been properly provided. The relevant reasons are:
(a) we have told You about an upcoming change to the Services or Agreement which You do not agree to (see clause 6.2);
(b) we have told You about an error in the price or description of the Services You have Ordered and You do not wish to proceed;
(c) Services will be significantly delayed because of events outside our control;
(d) we suspend the Services for technical reasons, or notify You are going to suspend them for technical reasons, in each case for a period of more than three weeks;
(e) our material breach of the Agreement; or
(f) any other legal right to terminate.
9.9 What happens if You terminate the Agreement without a good reason. Unless You have a right to terminate the Agreement immediately (see clause 9.8), the Agreement will not terminate until 30 days after the day on which You contact us. For example, if You tell us You want to terminate the Agreement on 4 February the Services will stop on 3 March. If you terminate the Agreement under this clause 9.9, you will not be eligible for any refund or credits in respect of any Services paid for but not received.
9.10 If You terminate the Agreement and payments are outstanding to us, the Team Organiser shall be liable for any such outstanding sums on behalf of the rest of the team.
10. OUR RIGHTS TO END THE AGREEMENT
10.1 We may terminate the Agreement if You breach it. We may terminate the Agreement and withdraw Your rights to the Services at any time by writing to You if:
(a) You do not make any payment to us when it is due and You still do not make payment within 7 days of us reminding You in writing or orally that payment is due;
(b) If you are a Team Organiser, You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, details of players to be registered in Your club/team;
(c) You abuse or insult TTR Staff, referees, volunteers or other players, whether in person and/or in writing, such as on social media channels and in correspondence;
(d) You engage in on-field disciplinary issues which can be reviewed at the playing venue or at a later date by our staff; such matters include, but are not limited to, persistent sending off or sin bins; sending off for a severe breach of the Rules or our safety policy; dangerous, unsporting or behaviour that would ordinarily be considered to be criminal conduct;
(e) You act against the interests of TTR, for example by recruiting, or attempting to, for rival organisations or businesses at our leagues and venues; or
(f) You forfeit two matches in one season after 4pm on match day or fail to turn up prior to the stated kick-off time of Your match.
10.2 You may be required to reasonably compensate us if You breach the Agreement and the circumstances outlined at clause 10.1(a)-(d) above apply. If we terminate the Agreement in the situations set out in clause 10.1 we will refund any money You have paid in advance for Services we have not provided. However we may deduct or charge You reasonable compensation for the costs we incur as a result of You breaching the Agreement. No refund will be provided when the Agreement is brought to end under circumstances outlined at clause 10.1(c) – (e) (inclusive).
10.3 Adherence to our safety policy. In signing the Agreement You agree to comply with this clause 10.3. During matches You must not wear any jewellery such as (for example and without limitation) rings, earrings or watches. Items of clothing with external pockets such as (for example and without limitation) hoodies are also not permitted playing attire. Shirts must be tucked in at all times so that they do not overhang the tags attached to Your shorts. If You are found to be in breach of the safety policy You will not be permitted to play in TTR games. Persistent breaches may lead to the suspension or termination of our Services.
10.4 Wearing International Tag Federation approved shorts or tights are compulsory for participation. For reasons of safety, consistency, and to ensure no player receives a competitive advantage, You must wear only International Tag Federation-approved rugby shorts. You can pre-order approved TTR shorts and TTR tights via our online shop. Alternatively, all venues stock “hire shorts” and some regions outside of London sell approved shorts at the venue. Players may wear other shorts that meet International Tag Federation approval, namely Oztag, NZ Tag Football and the Irish Tag Rugby Association. If Your shorts or tights do not have an Oztag, NZ Tag Football, TTR or Irish Tag Rugby Association logo or our logo on them, You are not permitted to wear them in TTR leagues or events and we reserve the right not to allow You to play if You are not properly attired.
11. IF THERE IS A PROBLEM WITH THE SERVICES
If You have any questions or complaints about the Services, please contact us using the details outlined above.
12. PRICE AND PAYMENT
12.1 Where to find the price for the Services. The price of the Services (which includes any VAT due in respect of the League Services will be the price set out on our Website, in force at the date of Your Order unless we have agreed another price in writing. We use our best efforts to ensure that the prices of Services advised to You are correct. However please see clause 12.2 for what happens if we discover an error in the price of the Services You order. Prices quoted on the Website show the total price payable under both the Pitch Hire Agreement and for the League Services.
12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting Your Order so that, where the Services’ correct price at Your Order date is less than our stated price at Your Order date, we will charge the lower amount. If the Services’ correct price at Your Order date is higher than the price stated in Our price list, we will contact You for Your instructions before we accept Your Order.
12.3 If Your payment is not authorised by our payment processor, Your Order will not be fulfilled.
12.4 When You must pay and how You must pay. For team registration You must make the Registration Deposit for any league registration before we start providing Services. We accept payment with online payment, bank transfer, cash, or over the telephone. The full cleared payment is due before either the second or third rounds of the competition league You have signed up for, as set out in the description of our Services on our Website. If You are registering as an individual to join a team You must pay the full league fee before we start providing Services to You.
12.5 Competition points are deducted for failure to comply with the Agreement. We reserve the right to deduct competition points for late payments and for failure to provide the information set out in clause 7.3.
12.6 Team bonds in the event of “no shows”. We reserve the right to request a £75 bond prior to the league competition commencing. In the event of a ‘no show’ by Your team, or insufficient notice given to us to be able to arrange a friendly fixture, we reserve the right to use Your bond to compensate Your opponent who did not have a match as a result of Your no show. Further, we may charge a reasonable administration fee for our time in arranging alternative fixtures.
12.7 We can charge interest if You pay late. If You do not make any payment to us by the due date (see clause 12.4) we may charge interest to You on the overdue amount at the rate of 8% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.8 What to do if You think an invoice is wrong. If You think an invoice is wrong please contact us promptly to let us know and we will not charge You interest until we have resolved the issue.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 Nothing in this Agreement excludes or limits our liability for:
13.1.1 death or personal injury caused by our negligence;
13.1.2 fraud or fraudulent misrepresentation; and
13.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
13.2 We are responsible to You for foreseeable loss and damage caused by us in breach of the Agreement. If we fail to comply with these terms, we are responsible for loss or damage You suffer that is a foreseeable result of our breaching the Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and You knew it might happen, for example, if You discussed it with us during the registration process.
13.3 We are not liable for business losses. We only supply the Services for private, non-commercial purposes. You may not use the Services for any commercial, business or re-sale purpose.
13.4 We are not liable for lost or stolen belongings at leagues and competition venues. You are responsible for Your own belongings that You take to our venues.
13.5 We are not responsible for our partners’ failure to deliver. We are not responsible for pubs or after match venues failing to provide food or drink offers they have previously agreed with us. These are optional extras that do not form part of our Services.
13.6 We do not offer refunds or accept any liability whatsoever for injured players. Injuries are an unfortunate part of any sport. We do not offer partial refunds where a player gets injured during the season.
13.7 We are not liable for injuries caused to You by other players. In the unfortunate event another user of our Services injures You during a match we are not liable for any loss or damage caused.
13.8 We do not offer refunds for refereeing mistakes or differences of opinions. We train all our referees before they officiate league or competition matches. The laws and regulations of the game are open to interpretation. We are not responsible and do not issue refunds on account of refereeing mistakes or if a team considers that a referee has made the wrong decision.
13.9 Team Organisers are responsible for ensuring that they do not allow their team’s participants in their team to commence a game until and unless satisfied that the surface and other conditions are safe for the activity in question having due regard to the characteristics of their team’s participants.
13.10 All participants must report to us at the earliest opportunity any perceived dangers, violence (or threats of the same), or any other misconduct of whatever type.
13.11 Without prejudice to the generality of the above, our liability for all losses caused by a breach or tort giving rise to a claim shall be limited to damages of three (3) times the total amount paid by You pursuant to the Agreement and in connection with the Services, and which both You and we have considered and agree is a reasonable sum given the respective positions of the parties and the types of direct losses likely to occur.
13.12 For the avoidance of doubt, Your ability to recover losses from us under this Agreement is limited to our breach of this Agreement, and not under any other Agreement between us.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use Your personal information. We will use the personal information You provide to us to:
(a) provide the Services;
(b) process Your payment for such Services; and
(c) if You agreed to this during the Order process, to inform You about similar products that we provide, but You may stop receiving these communications at any time by contacting us.
14.2 Media: By signing up to our Services, You allow TTR to take photos and videos of You during TTR matches and at TTR official social functions. You hereby acknowledge that all intellectual property rights vesting in such photos and videos belong to TTR, and consent to their use on our Website, in social media, and for any other promotional reasons worldwide.
14.2.1 You acknowledge and agree to our storing copies of any such photos and videos outlined at clause 14.2 for as long as necessary.
14.2.2 You have the right to withdraw the consent You have given at any time by contacting us at the contact details specified at clause 3.1. This will not affect the lawfulness of any processing carried out by us before you withdraw your consent.
14.2.3 We are the controller and are responsible for the personal data comprising any photographs and videos containing Your image, and we will ensure that we comply with the requirements of all legislation and regulatory requirements in force from time to time.
14.3 We will only give Your personal information to other third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1 We may transfer the Agreement to someone else. We may transfer or assign our rights and obligations under the Agreement to another person, entity or organisation. You may not without our prior written consent transfer or assign Your rights and obligations under the Agreement to any other person or organisation.
15.2 Nobody else has any rights under the Agreement. The Agreement is between You and us. No other person shall have any rights to enforce any of its terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of the Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing the Agreement, we can still enforce the Agreement later. A waiver of any right or remedy under the Agreement or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. For example, if You miss a payment and we do not chase You but we continue to provide the Services, we can still require You to make the payment at a later date.
15.5 Which laws apply to the Agreement and where You may bring legal proceedings. The Agreement is governed by English law and You can bring legal proceedings in respect of the Services in the English courts. If You live in Scotland You can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If You live in Northern Ireland, You can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts. If You live in Wales, You can bring legal proceedings in respect of the Services in the courts of England and Wales.
15.6 For as long as the United Kingdom remains a member state of the European Union, if You live in another European Union member state You can bring legal proceedings in respect of the Agreement in either the English courts or the courts of that member state.
15.7 If You wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
(a) Any notice or other communication given to a party under or in connection with the Agreement shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service, commercial courier, fax or email.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 15.8(a); if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15.9 No partnership or agency. Nothing in the Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
15.10 Variation. Except as set out in our Agreement, no variation of the Agreement, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by TTR.
15.11 Entire agreement. This Agreement constitutes the entire agreement between You and us in relation to its subject matter. It replaces and extinguishes all prior agreements, collateral warranties, collateral contracts, statements, representations and undertakings made by or on behalf of the parties, whether oral or written, in relation to that subject matter. Both You and we acknowledge that in entering into the Agreement we have not relied upon any collateral warranties, collateral contracts, statements, representations or undertakings, whether oral or written, which were made by or on behalf of the other party in relation to the subject-matter of the Agreement (together Pre-Contractual Statements) and which are not set out in the Agreement. Both You and we hereby waive all rights and remedies which might otherwise be available in relation to such Pre-Contractual Statements. Nothing in this clause shall exclude or restrict the liability of either party arising out of the other party’s pre-contract fraudulent misrepresentation or fraudulent concealment.
16. COVID-19 Terms and Conditions
16.1 By agreeing to our terms and conditions, You agree to abide by the Government, Rugby Football League (RFL) and Try Tag Rugby rules, regulations and guidelines related to the Coronavirus epidemic. Try Tag Rugby has the right to cease providing You with our Services if You breach and/or do not strictly adhere to these guidelines.
16.2 Try Tag Rugby has conducted a risk assessment and implemented additional provisions and a number of guidelines to ensure the health & safety of You. Try Tag Rugby will not be held liable for any loss, injury or similar suffered by You as the result of non-adherence to these published guidelines.
16.4 Furthermore, by agreeing to our terms and conditions, and related Coronavirus rules, regulations and guidelines, You also consent to your personal data being used for the purposes of health and safety as required by legislation and regulation, including but not limited to the Government’s coronavirus “Test and Trace” policy.
Schedule 1 – Try Tag Rugby Contracting Entities
The table below sets out which Try Tag Rugby entity You are contracting with, which is contingent on the area of the UK in which the Services are provided to You.
|AREA OF UK IN WHICH SERVICES ARE PROVIDED||CONTRACTING TTR ENTITY||COMPANY NUMBER||COUNTRY OF REGISTRATION||REGISTERED ADDRESS|
|Bristol||HHC RUGBY LTD||11300809||England and Wales||Flat 3, 46 Archfield Road, Bristol, United Kingdom, BS6 6BQ|
|Coventry & Warwickshire||PERKINS AND ROBINSON SPORTS LTD||11282869||England and Wales||28 Cole Court, Coventry, United Kingdom, CV6 1PY|
|London, Manchester and Yorkshire||Try Tag Rugby Limited||6995846||England and Wales||29 Garthfield Crescent, Newcastle Upon Tyne, England, NE5 2LY|
|Edinburgh||SODHOPPERS LTD||SC724189||Scotland||1 Bracken Lane, Stirling, FK95AB|
|Brighton & Hove||SEASIDE SPORTS LTD||14632243||England and Wales||39 Ground Floor Flat Surrenden Road, Brighton, England, BN1 6PQ|
|Thames Valley||Try Social Sports||11943074||England and Wales||115 Hallywell Crescent, Beckton, London, E65YE|
|Wigan||Social Rugby Wigan Ltd||11935741||England and Wales||10 Slaidburn Close, Hawkley Hall, Wigan. WN3 5PX|