CLUB TIMING
Terms and Conditions
Thank you for seeking to obtain our agreement granting you permission to use the Club Timing System.
www.clubtiming.com is a website and App system and organisation that is powered by KSCAN its umbrella company. Club Timing ("Club Timing", "we" or "us") is registered as KSCAN trading as Club Timing in England and Wales under company number 10919441 and its registered office is at KSCAN, Club Timing, 17 Northfield Road, Aylesbury, Buckinghamshire, HP201PD.
Agreement between you and Club Timing
These general Terms and Conditions ("Terms") are an agreement ("Agreement") between you and Club Timing and cover your use of the ‘System’, including but not limited to: software, website and app. Products and services are made available through www.clubtiming.com/www.kscan.co and a downloadable App for any android device (the "system"). By using the Website and App, you agree to be bound by these Terms, as well as our Privacy Policy.
This Agreement governs any use of the Website and App as a registered Club Timing customer.
You are responsible for making all arrangements necessary for you to have access to the ‘system’. You are also responsible for ensuring that all persons who access the Website and App through your services are aware of these Terms and that they comply with them. These ‘customers’ agree to their own separate set of Club Timing terms and conditions when signing up to create their profile.
The Website and App is offered to you conditional upon your acceptance of these Terms and any notices contained in these Terms and the Website itself. Please read these Terms carefully before you agree to sign up and start using the Website and App. By using the Website and App, you agree to these Terms and notices.
Please note that the statements set forth under the headings "More simply put" are provided as a courtesy solely for your convenience and are not legally binding or otherwise intended to modify these Terms in any way.
More simply put:
By using the Club Timing System, you agree to our Terms and Conditions.
Club Timing provides a platform for tracking your customers safety and timing across any activity and event.
Rest assured Clun Timing/Kscan is not part of your business. The information provided by Club Timing along with the content and data on our Website and App is related to your customers, members, clients activity ("activity and event Information") is provided confidentilly for your ‘business’. We cannot guarantee that Data Collected is 100% correct, current or up-to-date, nor suitable for every situation. It relies on your businesses user operation and can have minor errors if not operated correctly. For instance, ‘logging incorrect data’.
The documents and resources available on the Club Timing Website and App are templates reasonably fit for use by you as a starting point for the preparation of running sessions, timing your customers activities and events. They are only intended to be used as templates, to be customised and adapted by you to meet your individual requirements. Therefore, if you need to spend time learning correct use from our website and ‘playground' version of the App or tutorial videos on YouTube they are available and we advise you do this
By using our App and website you agree to our terms and that you will promote Club Timing positively wherever possible. Club Timing agree to promote your venue on their website and in some advertising media, however this does not create a working partnership between us and your customer (club member and Client). The working relationship between Club Timing and your business is that we have a mutually beneficial understanding and have granted you license to use our products. The working relationship is maintained between your business or club and your own customers. We reserve the right to hold the data of your customers and use for statistical and marketing purposes.
The directory of Club Timing venues and operators published on the Website is provided free of charge to anyone and is for information purposes for your customers whose details can be accessed by you or other operators of the App for Club Timing or national NOWCA Venues. Club Timing does not endorse or recommend anyone using the App, nor does it make any warranty as to the qualifications or competency of any Club Timing Venue or operator.
More simply put:
Club Timing is not part of your business.
Free trials and Full Packages
Club Timing strongly advise using the learning services available. You agree to ensure anyone authorised by you to use the Club Timing App or Website has had sufficient training to run the ‘system’ properly. Club Timing makes available a trial version of the App and website for the limited use of our Club Timing System Services (each a "Trial Offer") is for all new and prospective customers who express an interest in running the Club Timing System for their club members, customers and Clients.
Subsequent to initial registration on the Club Timing website www.clubtiming.com you can download the App to as many android devices as you need. There is no charge. You will be able to set up more than one venue / operation if you choose and these can be run from the same App download by ‘switching venues' on the menu. If going ahead to run the ‘full system’ you must select one of various packages available known as Groups, Athlete, Pro and or Elite (see website for further details).
Club Timing will provide a webpage, the App, Scanners and un-processed wristbands free of charge depending on package selection. NOTE: All Club Timing products remain the property of Club Timing until paid for in full or returned. Wristbands processed for customers become the customers property. All unused bands must be returned toClub Timing if no longer required. Your club members, customers and Clients, will be asked by you at the earliest opportunity to sign up online and create their personalised profile at current annual rate ‘subscription’ whereafter when they visit you, you can process their wristband which becomes their property and these do not need to be returned.
To ensure uninterrupted service and to enable your club members, customers and Clients to conveniently purchase subscription products and services, Club Timing uses the PayPl subscription service. Please note that it is your customers responsibility to maintain current credit card information to enable renewal payments. If you use the system to take any onsite payments on behalf of Club Timing you must pay any invoices within the terms set out for you. (see payment terms)
More simply put:
When you agree to these terms and conditions you can run a free trial App for educational purposes, set up your venue profile for free, start creating your customer database, running activities and events at no cost outlay to you (subject optional to additional scanner requirements)
PAYMENT STRUCTURE
Your customers will pay an annual charge via a subscription to Club Timing (as of 2018 this is set at £12). For your customers who sign up and tick your venue as their ‘local venue’ you will receive a commission % every time they renew each year for life of the subscription. We will pay you no more than 25% (commission payment) fee unless a separate agreement is reached with Club Timing in writing from 2018 onwards.
If any of your customers already have a wristband from another venue or organisation such as NOWCA their details will be recognised and added to your database, however they will not be subject to the ‘commission payment’ claim by you.
Replacement Wristbands
Wristbands are only replaced if they are broken or lost.
There is a levy of £3 for any replacement bands paid by you on receipt of your Club Timing invoice. Club Timing will send out regular statements of account.
Please note to your customers: The wristband should not be worn on the swimmers’ ankle.
Temporary Wristbands
These are for anyone who has a current paid up subscription and profile but doesn’t have their band with them and wishes to do an activity or event. There is no charge for this facility. We supply you with a quantity of temporary bands. The temporary band is returned at the end of its use and the activity log added to the customers profile.
Guest Bands
This is for any one-time visitor or someone who doesn’t think the Club Timing subscription is for them. There is a £1 charge to you per band per use by your customers and it is up to you to collect this money in preparation for paying our invoice. We provide you with a number of guest bands. This guest must fill out the onsite form every time they use a guest band. The guest band is given back at the end of the session. Only reasonable usage of guest bands is allowed, activity will be tracked and if there is an abnormally high usage we reserve the right to ask for written explanation of what you are using them for and why. Club Timing can arbitrate what they consider is abnormally high.
Award Bands
Current awards within the NOWCA sister company are Silver and Gold Wristbands provided free when they achieve 50 or 100 swims at one venue. Club Timing will look to run a similar programme to be announced soon. See website for more details.
Updates
Venues agree to run any updates before a session and push data immediately at the end of every session or as soon as is reasonably possible.
Technical
You agree that if you find any errors or technical problems out of the ordinary within the ‘system’ or a customer’s profile, you must notify Club Timing immediately within 24 hours, listing the issue. Club Timing will seek to find a resolution to any issues within the ‘system’
Club Timing LOGO
Club Timing logos are not to be reproduced unlawfully for marketing purposes unless authorised in writing.
Cancellation of our agreement
If for any reason you decide that you do not want to continue with the system, you must notify Club Timing by email giving as much notice as possible to info@clubtiming.com We will automatically close your account. All monies owed to Club Timing must be paid immediately. Any Club Timing products unpaid for must be returned to the Club Timing registered office. (see above) Your club members, customers and Clients can still use their wristbands at any other NOWCA or Club Timing venue.
Payment Terms
All invoices are to be paid within 14 days. Statements will be sent out and reminders. Anyone failing to pay within the terms will subject to legal action.
Refund policy
There will be no refunds given for any payments made to Club Timing. This applies to any services or products you have purchased, including your club member, customer or Clients for their wristband.
If you cancel your agreement you automatically waive the right to payments for any monies owed to you by Club Timing. Additionally you lose all future commission payments for renewed subscriptions. If you do not use the system for a period of 9 months from the last session we automatically assume you have cancelled this agreement.
More simply put:
There are no refunds given once you have agreed to these terms and conditions. You agree to use the system regularly or risk cancellation of this agreement.
Fees and renewals for your club members, customers and Clients.
From time to time, we may offer different subscription terms. The fees for annual customer subscriptions is currently set at £12. This may vary with notice of no less than 14 days. The annual fee is non-refundable from your customers to Club Timing. We will give you update notice via email of any future annual fees changes.
Annual subscriptions will automatically renew until cancelled by your customers.
Customers can cancel their subscriptions via PayPal. If their next year has started that fee cannot be refunded but the annual renewal subscription can stop. It is important however that you notify your customers that once they have cancelled their renewal if they don’t make a payment when it runs out their personal login page with all their records and history of activities may be hidden and left dormant until set up again. In some circumstances, it could be lost.
Note: Commission percentage from your customers is subject to change, whereby you will be notified at least three months prior to change.
More simply put:
Annual access of your customers will automatically renew unless cancelled before the renewal date.
Failure to provide subscription payments
If your club members, customers andClients fail to provide a full subscription payment on time, we reserve the right to deem such a failure as notice of cancellation and cancel their account immediately.
More simply put:
If they stop paying for their account, we reserve the right to cancel it immediately. If they are unable to change their designated payment method, we reserve the right to suspend their access until we can process their payment.
Limitation of liability
We do not accept liability of whatever nature of errors, omissions corruptions of data or breakdowns for the system for whatever the reason.
We do not accept liability should you suffer loss, accident or injury to you or your club members, customers and Clients when using the Club Timing System.
It is your responsibility to ensure that updates are carried out, android devices and remote devices are fully functional and charged before, during and after sessions. Scanners provided are basic. They need to be treated carefully and kept away from water unless placed in a plastic zip lock bag. We suggest purchasing spares of these incase they get damaged. You must check these before every session.
Consent to receive emails.
Through the system your customers will receive communications from Club Timing, such as activity statistics, event results, account reminders and updates. Customers are also able to receive marketing emails from Club Timing should they consent. If, as a venue, you wish to use customer data for marketing purposes, you must ensure you have the correct consent to the standard of current & future legislation.
More simply put:
Customers will receive mandatory notifications from the Club Timing system. They can choose to not receive any (Club Timing or venue) marketing emails.
Intellectual property rights
For the purposes of these Terms, "Intellectual Property Rights" means any and all intellectual property rights, whether registered or unregistered, including but not limited to any patents, trademarks, domain names, URLs, design rights, copyright, software rights, database rights, rights in and to business names, product names and logos, processes, trade secrets, confidential information and any similar right in any jurisdiction.
Club Timing shall retain and be assigned all rights, title, interest and Intellectual Property Rights in relation to the website, content, files, resources, App and other system requirements including development for existing and anything developed in the future to (the "System").
Except as otherwise provided in these Terms, you must not:
- reproduce, modify, translate or create derivative works of any Content and App;
- sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any Content or App; or
- circumvent or disable any security or technical features of the Content and App.
Club Timing® is a registered trademark of KSCAN Limited. NOWCA Ltd is a sister company to Club Timing and communicates through its system to each other and its databases under license. The names of any companies or products mentioned on the Website may be the trademarks of their respective owners.
All Content is Copyright © Club Timing and/or its suppliers, holding company, affiliates and partners. All rights reserved.
More simply put:
Club Timing’s intellectual property belongs to us. You agree not to copy or sell any of our intellectual property.
No unlawful or prohibited use
As a condition of your use of the Website and App, you will not use the Website and App for any purpose that is unlawful or prohibited by these Terms. You will not use the Website and App in any manner which could damage, disable, overburden or impair the Website or app, or interfere with any other party’s use and enjoyment of the Website or app. You will not obtain nor attempt to obtain any materials or information through any means not intentionally provided for on the Website and app.
The Content is protected by copyright and all other applicable Intellectual Property Rights set out above. Content is for your business use only and not for resale. Your use of the Website and app does not entitle you to resell any Content from the system. For the avoidance of doubt, your use of the Website and app constitutes your acceptance of these Terms and your promise that you will not resell or otherwise attempt to commercially benefit from the Content without our written express consent.
Our status as the owners of material on the Website and development of the App means you must not use the ‘system’ in a derogatory manner. If you are in breach of these Terms, your right to use the Website and App will cease immediately and you must, at our option, return any unprocessed wristbands and scanners and Club Timing Property.
More simply put:
You agree not to use our website and App for any unlawful or prohibited purpose.
Parental Consent
You might be asked to activate a ‘parental consent’ tick box onsite on behalf of a child 16 years old and under. You agree to verify that a parent or legal guardian is onsite and that they understand your venue rules pertaining to minors. When someone 16 (sixteen) and under scans in onsite the App will ask you to verify parental consent with the name of an accompanying parent or legal guardian.
More simply put:
You agree to verify age and consent of anyone 16 and under.
Acceptable use of communication services
The Website and or App may contain services such as bulletin board services via emails from the System, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group of your club members, customers or Clients (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
You agree that when using a Communication Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise breach the legal rights (such as rights of privacy and publicity) of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control these rights or have received all necessary consents;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- restrict or inhibit any other user from using and enjoying the Communication Services;
- breach any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
- breach any applicable laws or regulations.
We reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. Club Timing reserves the right to terminate your access to any or all of the Communication Services at any time without notice if we reasonably believe that you have breached these Terms or are misusing the Communication Services in any way.
Always use caution when giving out any personally identifying information about yourself or your children and or customers in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not our authorised spokespersons and their views do not necessarily reflect our views.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for keeping within these limitations if you authorise colleagues to use the system on your behalf.
More simply put:
We offer ways to communicate through our website and App. You agree to use those services as intended and not to add anything illegal or abusive.
Ownership and preservation of your licensed system materials
You agree that by using our system we own any of the materials provided to us by it.
By posting, uploading, inputting, providing or submitting data into the system, you grant Club Timing, its affiliated companies and necessary sub licensees permission to use it in connection with the operation of their ‘Safety and Timing Management System' including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your data; and to publish your name in connection with your use. No compensation will be paid in relation to the use of your data. We are under no obligation to post or use any data you provide and may remove any data at any time in our sole discretion.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our discretion.
More simply put:
The materials you provide, create and store on our website belong to Club Timing and KSCAN Ltd, but if required to by law, we have the right to share them with law enforcement.
Club Timings Right to Terminate
Club Timing shall have the right to terminate this Agreement for the following reasons:
(a) Venue fails to pay Club Timing fees as agreed in Terms and conditions and Payment Schedule:
(b) Venue fails to introduce the product to market by 30 days after agreeing to terms and conditions. Venue will return all Club Timing property with immediate effect. Any missing or damaged property will incur an invoice to the current recommended retail value of all products, merchandise and materials given to the venue by Club Timing plus any expenses.
(c) Venue fails to maintain confidentiality regarding Club Timing’s trade secrets and other Information;
(d) Venue assigns or sublicenses in violation of the Agreement; or
(e) Venue fails to maintain or obtain product liability insurance as required by the provisions of this Agreement.
(f) Venue fails to provide product samples and maintain quality control of this agreement.
(g) Venue does not uphold the standards of Club Timing company.
(h) Venue does not comply with all the terms and conditions.
More simply put:
Club Timing have the right to terminate this agreement if the venue or user does not meet the terms and condition
Data protection
Any documents you share may include commercially sensitive or confidential information relating to you, your business or affairs or the business or affairs of a third party, or information protected by the Data Protection Act 1998 and GDPR 2018. If you share anything pertaining to Club Timing and KSCAN, it is your responsibility to ensure that you comply with all applicable legislation, regulations and any legal duties or obligations you may have. We will not be responsible for any breach of any such legislation, regulations, duties or obligations arising out of your use of the System.
More simply put:
It is your responsibility to ensure that you comply with data protection requirements when using our System – Especially new legislation regarding GDPR as of 25th May 2018.
See Privacy Statement
Links to third party websites
Club Timing's website may contain links to third party products and resources. Referred to as their "Partners". Links are provided for your customers convenience to help them identify and locate other resources that may be of interest. Club Timing does not sponsor and is not legally associated with any third party Linked Sites. Club Timing is not legally authorised to use any trade name, registered trademark, logo or copyrighted material that may appear in the link.
Club Timing does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. These Terms do not cover you or your customers interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third-party sites.
If you use any service provided on a Linked Site, (a) Club Timing will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) Club Timing does not warrant or support any service provided by the third party.
More simply put:
The links we provide on our website are for information only. We don't endorse and are not responsible for the content on those websites.
Liability disclaimer
The information, software, products, and services included in or available through the System may include inaccuracies or typographical errors. Changes are periodically added to the information. Club Timing and/or its suppliers may make improvements and/or changes to the Website/App at any time. Information received via the App and Website should not be relied upon for personal, medical, emergency contact or statistical advice. It is there to aid your delivery of safety and timing management of groups and individuals
Although Club Timing will use its reasonable efforts to keep the Website and App available and the information on the Website and App reasonably accurate, Club Timing and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website and App for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Club Timing and/or its suppliers disclaim all warranties and conditions with regard to this information, software, products, services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Trial users
You use the Website and App at your own risk. Neither Club Timing nor any sister or holding company within our group, and our and their respective agents, employees and subcontractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the Website and App (whether under these Terms or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).
Fee paying members
Club Timing accept NO liability to you for any loss or damage.
Under this paragraph:
- "Club Timing's liability" includes that of any company in our group and our and their respective agent’s employees, subcontractors;
- "You" includes any other party claiming through you; and
- "Loss or damage" includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with use of the Website, App, System, whether under this agreement or other agreement or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence.
- This section of the Terms relates to death or personal injury caused by negligence. NOWCA is not liable for any of yours or your customers, member’s or client’s death or personal injury.
Service contact
Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting our customer service department at info@clubtiming.com.
More simply put:
While we do our best to make sure everything is accurate and up to date, your use of our website and App is entirely at you and customers, club members and clients own risk.
General
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website and app.
Our performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website, App or information provided to or gathered by us with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
We may provide you with notices, including those regarding changes to the Terms by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future. You must look at them and notify us to your agreement.
A printed version of the Agreement, and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
Modifications
We aim to update the Website and App regularly and can change the content at any time. We will use our reasonable efforts to keep the Website and App available to you, but if necessary under extereme circumstances, we may suspend access to the Website and App, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period.
More simply put:
We can update or suspend our website and App at any time.
Entire agreement
Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the ‘System’ including but not limited to the Website and App and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the System’ including but not limited to the Website and App.
More simply put:
These terms are the one and only official agreement between you and Club Timing.
Assignment
You must not assign or otherwise transfer the Terms, or any right granted under them, without our written consent. We can freely transfer our rights under the Terms.
More simply put:
You cannot transfer the rights granted by these Terms to anybody else.
Waiver
Any failure by us to enforce or exercise any provision of the Terms, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in this Agreement are reserved. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
More simply put:
If for some reason we can't or don't enforce these Terms, it does not affect our right to do so later. If we don't enforce part of these Terms, the rest of the Terms will still be valid.
Applicable law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.
More simply put:
These terms are governed by the law of England and Wales.
LAST UPDATED: February 2018