Terms and Conditions
Welcome to the Official England Rugby Competitions Photo Gallery at www.EnglandRugbyPhotos.com. Please read the following terms and conditions (the “Terms and Conditions”) carefully before using this website. If you do not agree to these Terms and Conditions, you should exit the website.
1. We are CAPTURE THE EVENT SERVICES LIMITED, a Company registered in England under Registration Number 8615947, and our Registered Office is situated at PO Box 584, SEVENOAKS, TN13 9SD, UK (hereinafter referred to as "Capture the Event" or "we" or "us" or "our").
3. By using or visiting the Site, you expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site. These Terms and Conditions constitute the sole agreement between you and Capture the Event in relation to your use of the Site. With the exception of our terms and conditions that apply to all purchases of our products or services whether purchased from us whilst visiting this Site or through some other website or by telephone or mail order or in person at a sales outlet we, or others, operate, neither you nor Capture the Event shall be bound by any term or express or implied representation, warranty or the like not contained herein. Unless otherwise specifically stated, and with the exception of our terms and conditions that apply to all purchases of our products or services whether purchased from us whilst visiting this Site or through some other website or by telephone or mail order or in person at a sales outlet we, or others, operate, these Terms and Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Capture The Event in respect of your use of the Site.
5. You agree that Capture the Event are not liable for any losses or damage occasioned to you as a result of any amendment to the content of this website.
6. Your order is accepted and a contract is formed when we dispatch the goods you have ordered and not before. For instance, a contract is not formed at the point when we take payment for the goods you have ordered, nor when you receive our confirmation of your order. Until the goods are dispatched we may reject, and you may cancel, the order.
7. Exceptions apply to orders of goods made to your order which, in most cases, cannot be cancelled by you once you have received email confirmation of your order. Following formation of the contract we shall continue to own any goods ordered until we have received payment in full from you even though the goods may have already been delivered to you.
Any goods supplied will conform to the contract.
8. Please note that any promotions/offers on the website cannot be used in conjunction with any other discounts.
9. We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice.
Our email address for contact by customers purchasing goods or services is: firstname.lastname@example.org
11. All prices shown for goods include UK Value Added Tax at the appropriate rates. We reserve the right to change the VAT rate at any time as may be required by law.
12. There may be additional custom duties and/or taxes payable in respect of delivery outside of the UK. These are the responsibility of the customer and are not payable by ourselves in any circumstances.
13. If so stated on our website along with the price, you will also pay a delivery charge as indicated. In the absence of such a statement, the delivery charge will be included in the price charged for the goods.
Use of Purchased Goods
14.Use of all goods provided by us are agreed by you to be provided for purely personal use and unless you state in writing to us to the contrary when requested on submitting the order, and we acknowledge and agree, in writing, to supply you on that basis at the price agreed, you undertake and warrant that you will not make use of the goods for any business, trade or professional purpose and warrant that you have no such intention of resale.
15.Should you breach this term and seek to use the goods for any business, trade or professional service without our such agreement in writing, then you agree to indemnify, and keep fully indemnified, ourselves, our affiliates, other partners, any of our officers, directors, employees, or agents against any resultant loss of sales value or revenue or other losses or any claim or demand by any third parties or any other form of direct or consequential damages or losses we or such others may sustain,(including legal costs incurred) such as, but not exclusively, by being required to make payments to third parties.
16.Whilst every reasonable effort is believed to have been made to ensure the accuracy of information we provide in any form or medium connected with the offer for sale by us of our products or services, whether on this website or elsewhere, you agree that errors can, notwithstanding, appear in the content. You agree that no liability whatsoever rests with us for any losses or damage, direct or otherwise, resulting from such errors or incorrect statements.
17.On being notified by you, by email to us to our contact email address, within 14 days of delivery of the goods, of any error that was of significance to your decision to purchase the same, we may offer to you, at our complete discretion, an opportunity to cancel the order with a full refund.
18.Notwithstanding any decision by us to offer to you a refund, you also agree that there is no liability on us whatsoever for any damage or loss, direct or otherwise, that may arise in any way as a result of any such error or incorrect statement.
19.You agree that images, graphics, photographs, specification and descriptions are for illustration and guidance only and the actual goods may differ from as shown.
20.We reserve the right to withdraw any goods from sale for whatever reason whether before or after receipt of an order from yourself.
21.In some cases goods may be described as only to be sold to customers above a minimum age. It is your responsibility to establish whether or not such age requirement is met by yourself and, in the absence of notification to us at our contact email address that it is not met, any prejudice, damage, right claim flowing as a result is to be met in full by yourself.
22.In view of the fact that some of our products and services involve the taking by us or others on our behalf of photographs or other forms of reproduction of images of you or other persons, animals or objects at your request, which procedure is reliant on technology over some of which we have no control and cannot guarantee the standards of performance and may be subject to human error, whether by ourselves or by others with whom we may contract, that, whilst every effort is made to provide to you goods that meet the description we give there are many reasons why the resulting end-product may not conform to your reasonable expectation. In view of such we give no warranty that such goods will be supplied to you as ordered and anticipated and, should the quality be, in our own opinion, not of an acceptable standard, and you agree with us, then we reserve the right to return the monies paid for such goods in full and final satisfaction of all and any claim for any damage, loss, dissatisfaction or disappointment that you may suffer. In particular, you agree that we are not liable for any consequential or other losses of which you may suffer.
23. Delivery will be on the dates declared by us at the time of your order or shown on the website unless a different date is specified in any email from us.
24. You agree that either yourself or some other person with appropriate authority from yourself will be available to sign for your goods. The goods will not be left unless signed for. If nobody is available to receive the goods, you will be given instructions as to where and when to collect. You agree that the offering up of the goods at your address satisfies our obligations to deliver under this contract and under any law or regulation in force at the time.
25. You agree that, whilst we will make every effort to ensure delivery is made as expected, delays can occur for a host of reasons, and that, therefore, we do not give any guarantee as to the precise date or time of delivery nor liable for any losses, damages, direct or otherwise or for any inconvenience arising from delay for whatever reason.
26. If for any reason delivery is not made by the date stated, as amended by any email from us, or generally within the period required by any law in force at the time, due to fault on your behalf, then you agree this contract of sale to you is at an end and you will accept reimbursement of all monies paid to us in full satisfaction of any rights you may have under the contract or under law generally.
Your Right to Cancel
27. If you are not intending when buying the goods to use it for business or professional reasons or trade purposes, whether or not also used for personal purposes, then, and subject to the clauses below, you are entitled to cancel the order for any reason whatsoever up to seven (7) working days (excluding week-end and public holidays) following receipt by you of the goods. You must notify us if you wish to cancel by email to our contact email address given above or by letter to our physical address as above.
28. If you cancel your order in accordance with such above rights on or after the goods have been received by you, then you agree to return the goods to us at your own risk and cost.
29. You agree that the goods are not returned to us until safely received by us and, save where return is for any breach by us over the description or quality of the goods, the goods must be unused and must include all original packaging, instructions, accessories and any free gifts, tokens and other items included with it when dispatched by us.
30. This right of return does not apply to:-
a. goods or services that have not been ordered at a distance, i.e. by telephone mail order or via our website.
b. goods that have been made and /or tailored or otherwise personalised, in whole or in part, to your own specification or requirement, such to include in or on the goods any photographs, images, designs, graphics, paintings, works of art, text or other products that you provide to us or which otherwise relate only to yourself or to a significantly reduced percentage of the members of the public.
c. goods that for any other reason cannot be reasonably expected to be returned and to have any commercial value for resale by ourselves.
31. Pending return of the goods, you agree to take full care of the goods to avoid any damage occurring to the goods and that no damage does occur.
32. On cancellation as above we will refund you in full the purchase price but if the goods have been dispatched, or the procedure commenced to dispatch them, not any delivery charge to yourself that you may have paid.
33. You agree to give the goods a thorough check as soon as possible following receipt to ensure it is as ordered and, should the goods be faulty in any way, you agree to notify us by email to our contact email address as soon as possible after receipt.
34. If we agree that the goods may have been faulty on initial delivery to yourself, we shall collect the goods from you at our own cost and either, at our discretion, arrange to reimburse you the purchase price paid or provide to you with replacement goods of the same, or similar, specification. No refund will be processed until the returned goods have been received back into our warehouse.
35. All goods returned as faulty will be checked and if found to have no fault will be returned to you, in which event you agree to pay to us any additional delivery costs incurred by us.
36. You agree that should you post or upload onto any area of the World Wide Web any review or comment as to our Site and its content or as to any product or service offered by Capture The Event, that should we decide that such review or comment is inaccurate and/or unfair, that you will participate in a form of independent Alternative Dispute Resolution in relation to such review or comment as provided by the service at www.modria.com and will comply with any outcome or decision from that Alternative Dispute Resolution including withdrawal of such review and/or posting of additional comment. Further, and subject to any view or determination over compensation by the service at www.modria.com, you will compensate us for any loss or damage to our business and reputation as a results from any such review or comment that is held by such independent form of Alternative Dispute Resolution to be inaccurate and/ or unfair.
37. Capture The Event does not warrant that the Site will be free of errors or available at all times, nor that it will provide specific information or that any links or functionality will perform as may be claimed. The Site and its Content are delivered on an "as-is" basis.
38. Capture The Event disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Capture The Event will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, punitive or consequential damages.
39. Capture The Event disclaims any and all liability for the acts, omissions and conduct of any third party in connection with the service or otherwise related to your use of the Site and/or any service provided by Capture the Event.
Capture The Event is not responsible for the products, services, actions or failure to act of a third party that may be referred to on the Site.
40. Notwithstanding the above, nothing in these terms and conditions seeks to exclude any liability of Capture the Event for death or personal injury caused by its negligence, fraud or other type of liability which cannot by law be excluded or limited.
Intellectual Property Rights
41. Save in respect of any marks, names, logos, service and trade marks owned by third parties, and which will be acknowledged as such on this Site, the content and software on this Site is the intellectual property of Capture The Event and/or its providers and all marks, names, logos, service and trade marks displayed on the Site not owned by third parties are registered or unregistered trademarks of Capture The Event and all rights in such, including those of third party owned marks, names, logos, service and trademarks, are protected by law. Use of this Site may, therefore, give rise to a claim for damages and/or be a criminal offence.
42. Nothing contained on the Site should be construed as granting any licence or right to use any marks, names, logos, service and trade marks or software or other content and, in particular, such may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the prior written permission of Capture the Event or any third party owner of such rights.
Links to the Site
43. The Site may contain links to third party sites throughout the World Wide Web. External links are provided for your convenience, and no representation is made as to the accuracy or legality of their content. Capture The Event does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise cause any form of damage to your computer. Use or reliance on any external links and the content thereon provided is at your own risk. By using the Site to link to another site, you agree and understand that you may not make any claim against Capture the Event for any damages or losses, whatsoever, resulting from your use of the Site to link to a third party website.
Use of the Site
44. You agree that you are only authorised to visit, view, save and store a copy of any pages of the Site for your own personal use such as to learn about our company and its products or services, and/or to make an offer to us to purchase form us any product or service we may have to sell.
45. Your use of any information or materials on this website is entirely at your own risk, for which Capture the Event shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
46. You agree not to frame the Site, deep-link or hot-link to the Site for any purpose, unless specifically authorised by Capture the Event to do so.
47. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
48. You agree that should you post or upload onto any area of the World Wide Web any review or comment as to our Site and its content or as to any product or service offered by Capture The Event, that should we decide that such review or comment is inaccurate and/or unfair, that you will participate in any form of independent Alternative Dispute Resolution in relation to such review or comment that we request and will comply with any outcome or decision from that Alternative Dispute Resolution including withdrawal or posting of additional comment. Further you will compensate us for any loss or damage to our business and reputation as a results from any such review or comment that is held by an independent form of Alternative Dispute Resolution to be inaccurate and/ or unfair.
49. You agree that, in visiting and navigating around this website:-
a. you warrant that you are of eighteen year of age or above and will not act in any way that amounts to a breach of any law and will fully indemnify and hold us, affiliates, other partners, any of our officers, directors, employees, or agents harmless against all claims or demands or other consequences of any breach of this provision. Any information or content provided by you on our website whether or not in connection with an order of any goods or services is truthful and accurate and the provision of such and your use of our website, does not amount to any breach of the law of any country with jurisdiction over your use of, and purchase of goods or services on, our website, or of the rights of any other individual, company or organisation, and that should any complaint be raised of defamation of any person, company or organisation or other breach of the rights of others or of a breach of any law or regulation , that you will fully indemnify, and keep fully indemnified, ourselves, our affiliates, other partners, any of our officers, directors, employees, or agents against all claims, rights ,demands in law (including any legal costs incurred) arising as a result in any way of any breach by you of these Terms and Conditions. In particular you agree that we have the right to remove any content uploaded by you to our website for any reason whatsoever and without notice to yourself.
b. you will not upload onto any area of this website any images, graphics, text, hyperlinks, machine readable code or other content that amounts to a breach of the rights, including intellectual property rights, of others and/or which may breach reasonable standards of morality, decency and respect for the interests of others to be treated with civility, and/or which may breach the rights in law of others not to be defamed and/or which may breach any right in law whatsoever and shall hold harmless ourselves against all claims and demands that may relate in any way to such content.
c. you will not upload to, or transmit through, our Site any viruses, bots, trojans or other forms of malware or anything else that can disrupt the normal operating processes of this our website or of any equipment operated in connection therewith nor take any action that imposes an unreasonable or disproportionately large load on our server, and in particular not to upload any material which is defamatory, racist, sexist, offensive or of an obscene nature or similar or causative, or likely to cause, anxiety and upset to others or otherwise likely to cause a breach of the peace or otherwise may be in breach of any law of any country that has jurisdiction over the operation, and your use of, our website and, further, and you will keep us at all times fully indemnified against any loss or damage resulting from any such upload or risk.
d. we have full right to remove at any time, and without notice to you, any content uploaded by yourself to this website.
e. should you access any part of this website by personal login, you accept full responsibility for all actions taken on the website under your user-name, whether or not you were the person who took such action.
f. there is no liability on us for loss or damage resulting, directly or indirectly, from your visit to (including agreeing not to seek to hold us responsible, or accountable, for any action or lack of action by yourself as a result of information or advice appearing on), this website ,or through access from this website, whether a website that is linked from this website, or any website that masquerades as our website or from data and information appearing through data sharing technologies, or from your use of less than the optimal encryption security, anti-virus or anti-spam protection or other similar procedures, including measures to protect your personal identity, in your browser or e-mail program, or otherwise the manner and procedures you adopt when browsing around the Web.
g. that, whilst we will use our best endeavours at all times to ensure the continuity of the availability of the website on the Internet, given that the potential for disruption of connectivity extends well beyond technology and events over which we have any control, covering possible actions by many varied organisations who contribute to the functionality and connectivity of the Internet as well as the status of your own software and websites, there will be no liability on us for any loss or damage resulting, directly or indirectly, from any disruption of access or failure or variation of intended functionality that occurs for whatever reason.
h. that we reserve the right at any time to suspend or cancel your use of, or access to, this website.
i. that you recognise that we own all intellectual property rights in the content on this website, and that you will not, either by yourself directly or by assisting or permitting others so to do, do anything that breaches in any way such intellectual property rights of ourselves and, in particular, will not copy or reproduce any content or other element of this website or its code or use it, or any part of it, to create any content, document, website, image or graphic. In addition you will not create, or permit or assist others in creating, any hyperlink to any part of this website save to the home page nor take any action that directly or indirectly prevents, in whole or in part, access to, or reduces the enjoyment by yourself or others of, this website.
j. that when seeking to purchase any goods or services on this website, that you will not do so save on the basis that our Terms and Conditions of Sale are accepted by you as regulating any such purchase you make.
k. You warrant that any information or content provided by you on our Site, or otherwise to us, whether or not in connection with an order of any goods or services is truthful and accurate and the provision of such and your use of our website, does not amount to any breach of the law of any country with jurisdiction over your use of, and purchase of goods or services on, our website, or of the rights of any other individual, company or organisation, and that should any complaint be raised of defamation of any person, company or organisation or other breach of the rights of others or of a breach of any law or regulation, that you will fully indemnify, and keep fully indemnified, ourselves and any of our affiliates, other partners, any of our officers, directors, employees, or agents in respect of any direct, indirect, consequential, exemplary, incidental, special or punitive damages or losses (including legal costs by whomever incurred) as a result in any way of any breach by you of these Terms and Conditions. In particular you agree that we have the right to remove any content uploaded by you to our website for any reason whatsoever and without notice to yourself.
Limitation of Liablity
50. You agree that neither Capture the Event nor any of its officers, directors, employees, or agents shall in any circumstances, whether or not the potential for such damage has been notified to us, be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages or losses (including legal costs by whomever incurred).
51. You agree to indemnify and hold Capture the Event, affiliates, other partners, any of our officers, directors, employees, or agents harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site or our service.
52. Capture The Event may assign to a third party all of its rights and obligations under these Terms and Conditions.
53. Capture The Event's successors, or assigns may enforce these terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the "Act"). Except as provided above, this agreement does not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
54. If any section of these Terms and Conditions shall be deemed unlawful, void or for any other reason unenforceable or invalid, then such section shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remainder of Terms and Conditions.
55. We shall not be under any liability to you or to any other party in any way whatsoever as a result of loss or damage of any nature arising out of matters beyond our reasonable control, including war, rebellion, civil commotion, strikes, lockouts or industrial disputes; fire, explosion, earthquake, acts of God, flood, drought or bad weather; the unavailability of deliveries, supplies, or the requisitioning or other act or order by any government department, council or other constituted body.
56. You agree that your use of this our website and all transactions undertaken under it or otherwise between us are governed and construed exclusively by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the courts of England.
Governing Law and Disputes
57. You and we agree that your use of this our website and all transactions undertaken under it or otherwise between us are governed and construed exclusively by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the courts of England.
58. You agree that in the event of any dispute between us that you will, before issuing any proceedings in a court of law, agree to attempt to resolve same with us directly in the first instance and, if unsuccessful, through a form of Online Dispute Resolution in accordance with the European Union Regulation on Online Dispute Resolution for consumer disputes (2011/0374) and conducted by the service at www.modria.com and that you will make every effort to participate in such online mediation in order to reach a satisfactory resolution of the dispute with ourselves allowing for solutions that are proportionate and economic.