KSCAN, NOWCA and CLUB TIMING - CUSTOMER TERMS and CONDITIONS
Thank you for considering a NOWCA and CLUB TIMING SAFETY/TIMING subscription. Please read through all the terms and conditions, including your personal health commitment:
1. ANNUAL MEMBERSHIP and EVENT ENTRY
1.1 By submitting your application you are agreeing to register for NOWCA and CLUB TIMING and to abide by these conditions of membership and entry.
1.2 The wristband you are provided with you is yours for life. You do not need to replace this unless it is lost, broken or fails to work. In most cases there is a charge for replacement wristbands.
In some venues you will be rewarded with a new reward band. This will be an exclusive colour sometimes silver or gold.
1.3 It is possible to renew this online or onsite if it has expired. We recommend that you agree to use our recurring payment method which is available during online set up. You can manage your recurring payments directly via your Paypal account.
2. TRAINING and EVENT SAFETY
2.1 At all times during any activity you must adhere to all instructions given by organisers, managers, event marshals, volunteers and officials.
2.2 It is your responsibility to ensure that you have the correct equipment that is in a good safe working order and take weather conditions into account when preparing to take part.
2.3 It is your responsibility that you are sufficiently fit and healthy to participate in the events unaided. If you are in any doubt we recommend that you seek medical advice beforehand. Please read our Health Commitment Statement for further advice. If you are a novice or beginner to NOWCA for open water swimming we recommend that you join an induction or coached session if that is available to you.
3. DATA PROTECTION
3.1 You agree that your personal information can be stored and used by the Organisers and their partners in connection with the organisation, safety, staging and administration of training, activities and events. Please note this does not include any payments details, these are stored securely by our payment provider.
3.2 You agree that your contact details can be used by the Organisers and their partners for the purposes of:-
3.2.1 The promotion and marketing of NOWCA VENUES and CLUB TIMING events and training to you;
3.2.2 Adding you to a mailing list to keep you informed about future partner offers, events and services which we believe you might be interested in, such as information regarding clubs, events and how, if you join CLUB TIMING, you automatically join NOWCA and vice versa.
If you object to such, please see condition 3.4.
3.3 The Organisers shall take all necessary steps to ensure that personal information or marketing information pertaining or relating to you which comes into their possession or control shall not be:
3.3.1 Used or reproduced in whole or in part in any form except for the purposes outlined in these conditions.
3.3.2 Disclosed to any person not authorised by NOWCA, Club Timing or you to receive it; or.
3.3.3 Altered, deleted, added to or otherwise interfered with (except where expressly permitted by these conditions).
3.4 There are two reasons we will communicate with you – the first, and primary, one is for session updates & information generated automatically when you attend a venue. These are mandatory and cannot be opted out of as you will need these for your activity data. Secondly we can add you to our marketing database. We do not sell or distribute our database to third parties. We will however periodically send you newsletters, updates and offers related to NOWCA & our partners. You can change your preference within your account or use the unsubscribe link on the emails.
4.1 NOWCA / CLUB TIMING and partners and the Organisers may cancel the sessions and events if circumstances arise beyond their reasonable control. In such circumstances it will be the local venue or clubs who will endeavour to communicate to you in advance.
4.2 In the event of a cancellation NOWCA /CLUB TIMING or the Organisers will have no responsibility for any costs incurred as a result of cancellation.
4.3 The annual fee is for a national safety and timing wristband which can be used at all NOWCA and CLUB TIMING venues. There are absolutely no refunds given for any circumstances.
4.4 In the event that your local NOWCA venue or Club decided to no longer use the system there will be no refunds. Please look for another venue or club using the system on our websites.
4.5 You have the right to ‘Opt Out’ of your account, this will immediately cancel your account. Your profile can be deleted or reinstated if you contact firstname.lastname@example.org and or email@example.com (complies with latest GDPR legislation – 2018)
There are absolutely no refunds given once payment for a year has been paid, however it is possible to cancel subscriptions for further years. Follow payment links for ‘subscriptions’
5. USE OF IMAGE
5.1 For safety and identification purposes, the system can store an optional profile image against your account. These images will not be used for any promotion or publication without gaining your prior consent.
6. MEDICAL CONDITIONS
6.1 If you have not exercised before or for some time, you should consult your doctor before taking part in open water swimming or any CLUB TIMING event. Please read our Health Commitment Statement for further advice.
6.2 You must provide an emergency contact name/emergency contact number, medical conditions that may affect your participation.
6.3 You must tell us on the form if you have ever had a seizure or fit.
6.4 You must be honest with your level of competency on registration and anything else that you think could affect your participation. It is up to you to change your status or make any new changes from your login page if they change at your earliest opportunity.
7.1 In no circumstance shall NOWCA, CLUB TIMING, KSCAN or the Organisers be liable to you, whether for breach of contract, any tortuous act or omission (including negligence) or otherwise, under or in connection with the Agreement for any:-
7.1.1 Loss or damage;
7.1.2 Loss of profit;
7.1.3 Loss of reputation;
7.1.4 Loss of business, revenue or goodwill;
7.1.5 Loss of anticipated savings;
7.1.6 Pledges made on your behalf or by you to charity; or
7.1.7 Consequential or indirect loss, regardless of whether the loss or damage:
(a) Would arise in the ordinary course of events;
(b) is reasonably foreseeable; or
(c) Is in the contemplation of the parties, or otherwise.
7.2 Nothing in this Agreement shall affect NOWCA, its accredited venues, CLUB TIMING, Organisers liability for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.
7.3 NOWCA and CLUB TIMING strongly advises all participants to hold relevant public liability cover whilst taking part in these events and training.
8.1 The Agreement shall be governed by English law, and the parties submit to the exclusive jurisdiction of the English courts.
8.2 If any provision of the Agreement is invalid or unenforceable, in whole or in part, the validity of the remainder shall not be affected.
8.3 The Agreement does not create, confer or purport to confer any benefit or right enforceable by any person not party to it.
8.4 Participant must inform firstname.lastname@example.org or email@example.com of changes in personal contact/address details immediately they occur if they cannot change them via their personal login page.
HEALTH COMMITMENT STATEMENT
Your health is your responsibility. NOWCA and CLUB TIMING are dedicated to helping you take every opportunity to enjoy your participation in training and your events. With this in mind, we have carefully considered what we can reasonably expect of each other.
Our commitment to you
1.We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.
2.Our system has the feature enabling your profile to indicate if you have a disability. This is purely to allow operators to help better assist you.
Your Commitment to us
- You should not swim on your own or exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with your safe participation when training or in an event, before you enter, it is your responsibility to seek advice from a relevant medical professional and follow that advice.
- It is the decision of the user, not the NOWCA venue, CLUB TIMING operator or event organiser, to determine whether he or she is fit enough to exercise. If the user is in any doubt, the user should seek medical advice. It is up to the user where to seek that medical advice.
- You should let the organisers know immediately, if you feel unwell whilst participating in one of the CLUB TIMING events or at a NOWCA venue. CLUB TIMING and NOWCA VENUE staff are not qualified Doctors, but there may be first aid trained staff in attendance for your piece of mind. It is up to you to confirm this if you are not willing to exercise without first aiders in attendance.
- If you have a disability, you must follow any reasonable instructions to allow you to train or complete your event safely.
- It is your responsibility to keep your profile information up to date, specifically including, but not restricted to, emergency contact details, if you have any seizures or medical conditions.
This Health Commitment Statement sets the standards that NOWCA venues and CLUB TIMING organisers and event participants can reasonably expect from each other in regards to the health of the participant.
This statement is for guidance only. It is not a legally binding agreement between you and us and does not create any obligation which you or we must meet.
TERMS AND CONDITIONS
CLUB TIMING and NOWCA Ltd are organisations managed by KSCAN Ltd. NOWCA accredited venues (self certification process)and CLUB TIMING organisers > Any training to get you ready is delivered by a range of health and fitness providers and facilities that are not governed by NOWCA, CLUB TIMING or KSCAN which are considered advisory but not governing bodies.
NOWCA members and CLUB TIMING Participants – Key conditions
- Responsibility for participants safety and wellbeing is with the company or person providing the session or facility.
- Sessions delivered and facility providers should be covered by the instructors or providers company indemnity/ liability insurance. The KScan/NOWCA/Club Timing system is a tool provided to assist in running activities. No liability is inferred by its use.
- Instructors / coaches should have taken part in a training programme, and also have qualifications to deliver relevant activities. If you are in any doubt on instructor/coach qualifications or insurance you can contact them direct in the first instance and if you have any further questions contact firstname.lastname@example.org or email@example.com to check the organisers, coaches or venues.
- You must ensure you advise the instructor/coach or facility of any specific medical condition. They will be able to advise on whether you can take part.
- If you are taking part in any unsupervised activity, this is done at entirely your own risk.
- Any equipment you provide should be in good condition and suitable for purpose, if bicycles are used in training we recommend they are fully checked by a qualified bike mechanic prior to use.
- The wristband you are provided with is yours for life. You do not need to replace this unless it is lost, broken or fails to work. In most cases there is a charge for replacement wristbands.
- In some venues you will be rewarded with a new ‘reward band’. This will be an exclusive colour sometimes silver or gold.
- Non-use of wetsuits is entirely at the risk of the participant. It is up to you to inform and check with the organiser if you need to sign a waiver or have a confirmed level of experience. Also check with guidelines for water temperature as this may change also.
- All participants should adhere to the facility/ instructor/ Coach/ organiser and session rules.
- Any person under the age of 18 should have parental consent to take part in NOWCA and CLUB TIMING activities. Any person under the age of 18 should check with a provider/ facility to ensure they are able to take part and if there are additional conditions.
NOWCA VENUES and CLUB TIMING EVENTS/RACES
NOWCA venues are facilities that have certified themselves as suitable for open water swimming. CLUB TIMING venues/clubs/coaches/retailers and events have agreed in their terms and conditions that they are suitable and safe for the event or activities they are timing.
- All participants must have a valid safety/timing wristband onsite, when in the water or the activity/event/race, it is your responsibility to ensure you have had this scanned as soon as you arrive and you scan into and out of all activities and events.
- It is possible to renew this online or onsite if it has expired. We recommend that you agree to use our recurring payment method which is available during this online set up.
- Participants should check closely what is offered at a venue before choosing to use the facilities. Some may be unsupervised or may offer basic guidance.
- Participants should check pricing and opening hours before travelling to a venue.
- All participants use venues at their own risk, CLUB TIMING/ NOWCA/KSCAN cannot be held responsible for any injury or loss caused when using these venues.
- All participants should read the venue / event rules to ensure they know routes and courses before they start.
To learn more about NOWCA and CLUB TIMING their training & venues terms & conditions, please visit www.nowca.org or www.clubtiming.com Individual venues may have their own health and safety and data management guidelines, please contact them for further information.
The operators of the Safety and Timing App System do so because it can help them improve aspects of safety so they can manage information on their customers who wish to be tracked and timed for events and activities.