Terms and Conditions-old

Terms of use

 

1. ACCEPTANCE OF TERMS

 

Thank you for using Badmintonracketreview’s innovative platform for Badminton players seeking to get unprecedented levels of information on rackets we have tested ourselves. Badmintonracketreview provides the Badmintonracketreview service to you, subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by Badmintonracketreview (collectively the ‘Terms’). We reserve the right to modify these terms by posting a notice on our website, or by sending you a notice via email, postal mail or phone. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification, and use of our website or any services by you following such posting or notification constitutes your acceptance of these Terms as modified.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE SUBSCRIPTION AND INFORMATION REQUEST REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS.

 

2. THE BADMINTONRACKETREVIEW SERVICE

 

Badmintonracketreview provides users with access to a rich collection of on-line resources, including without limitation racket reviews, racket performance testing, racket test results, generic information on rackets racket members (through the forum) and manufacturers, and on and off-line advertising services (collectively, the “Service”). Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

 

3. REGISTRATION OBLIGATIONS

 

The Service is available to individuals who are at least 18 years old. If you do not so qualify, do not attempt to register for or use the Service. Badmintonracketreview may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.

 

4. ACCOUNT USERS AND REGISTRATION OBLIGATIONS

 

In order to take advantage or use some of the features offered with our Services, you may be required to register and/or create an account with Badmintonracketreview. By creating an account, you agree to take full responsibility for maintaining the account user name, password, and all related activity that occurs under your account username. Badmintonracketreview reserves the right to close your account at any time for any reason or no reason, in its sole discretion.
In consideration of use of the Service, you agree to:
1. provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and
2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Badmintonracketreview has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Badmintonracketreview has the right to suspend or terminate your account and refuse any and all current or future use of the Service without any refunds being du to you (or any portion thereof).
3. not share any of your membership details with any other party under any circumstance, Badmintonracketreview will be entitled to collect liquidated damages of £1000 per violation or actual damages incurred by Badmintonracketreview from you.

 

Additionally, you agree that if you provide false information to obtain access to a Badmintonracketreview business site that you are not legally entitled to claim, Badmintonracketreview will be entitled to collect liquidated damages of £1000 per violation or actual damages incurred by Badmintonracketreview from you. You understand and agree that the service may include certain electronic and telephone communications from Badmintonracketreview, including but not limited to, service announcements, status reports, administrative messages and the Badmintonracketreview Newsletter, and that these communications are considered part of Badmintonracketreview membership and (except as prohibited by applicable law) you may not be able to opt out of receiving them.

 

5. BADMINTONRACKETREVIEW PRIVACY POLICY

 

For information regarding how we treat personal information of our users, please see Badmintonracketreview’s current, full privacy statement at which is incorporated by this reference.

 

6. USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, lists or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Badmintonracketreview, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Badmintonracketreview does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
• Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• Impersonate any person or entity, including, but not limited to, a Badmintonracketreview official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
• Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Promote or use the site for a commercial purpose for competitive products, except as expressly permitted by Badmintonracketreview;

 

• Keyword spam or to otherwise attempt to manipulate search results;
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• “Stalk” or otherwise harass another individual or member;
• Collect or store personal data about users any individual or member (including for the purposes of advertising to or soliciting any Badmintonracketreview user to buy or sell any products or services) other than customers who willingly provide such information in order to explore bona fide business opportunities or connections.
• Create or submit unwanted email or messaging (‘Spam’) to any other Badmintonracketreview user.

 

By using the Service you agree to hold responsibility for all Deals that you submit. Badmintonracketreview has no obligation to monitor user submitted content. However, Badmintonracketreview reserves the right to refuse or to remove any materials posted in its sole discretion and without informing you. By your use of the Service, you agree not to post any materials containing unlawful, defamatory, violation to other person’s privacy, distributing of unsolicited advertising, sexual, racial or religious content. You also agree that you will not seek to enforce any copyright on a specific coupon offer. You accept to waive any claim related to the inclusion, placement, exclusion, or removal of any coupon or promotional details in the Badmintonracketreview directory and to grant Badmintonracketreview a non-exclusive, royalty-free license to use, publish, copy, edit, modify, or create derivative works from your submission.

 

7. CONTENT SUBMITTED TO BADMINTONRACKETREVIEW

 

Badmintonracketreview does not claim ownership of the Content you place on your Badmintonracketreview Site. By uploading, submitting or otherwise disclosing or distributing content of any kind on the Badmintonracketreview website or otherwise through the Service, you:

• Grant to Badmintonracketreview, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form for the purpose of providing the Services, including without limitation, any concepts, ideas or know-how embodied therein;
• Represent and warrant to Badmintonracketreview that you own or otherwise control all rights to such content and that disclosure and use of such content by Badmintonracketreview (including without limitation, publishing content at the Badmintonracketreview website) will not infringe or violate the rights of any third party; and
• Acknowledge that the content may not be treated confidentially.

 

You agree not to provide Badmintonracketreview with any confidential or proprietary information that you desire or are required to keep secret.
You acknowledge that Badmintonracketreview does not pre-screen Content, but that Badmintonracketreview and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, Badmintonracketreview and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

 

8. INDEMNITY

 

You agree to indemnify and hold Badmintonracketreview, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable Solicitors’ fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

 

9. NO RESALE OF SERVICE

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

 

10. MODIFICATIONS TO SERVICE

 

Badmintonracketreview reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Badmintonracketreview shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

11. TERM AND TERMINATION

 

You agree that Badmintonracketreview, in its sole discretion, may terminate your password, Badmintonracketreview Site, use of the Service or use of any other Badmintonracketreview service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Badmintonracketreview believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Badmintonracketreview may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Badmintonracketreview may immediately deactivate or delete your Badmintonracketreview Site and all related information and files in your Badmintonracketreview Site and/or bar any further access to such files or the Service. Further, you agree that Badmintonracketreview shall not be liable to you or any third-party for any termination of your access to the Service.
These Terms will remain in full force and effect while you are a member of the Service.
You may terminate your Subscription with us before your next renewal date. Cancellation may only be requested by completing the online cancellation process on the Site. You may begin this process by clicking on the “Cancel subscription” button on the “Site Membership” page accessed under the “Account” tab on the Site. A request for cancellation under this clause does not give rise to a refund for any unused amounts of Subscription fees paid.
Once you have signed and agreed to become a member on any subscription level you are not entitled to refund under any circumstances including the site being temporarily unavailable or under scheduled maintenance.

 

12. ADVERTISEMENTS

 

Badmintonracketreview runs advertisements and promotions on Badmintonracketreview Sites. By creating your Badmintonracketreview Site, you agree that Badmintonracketreview has the right to run such advertisements and promotions. The manner, mode and extent of advertising by Badmintonracketreview on your Badmintonracketreview Site are subject to change in the sole discretion of Badmintonracketreview.

 

13. BILLING AND CANCELLATION

 

Although you may register as a member of the Service for free, if you wish to communicate with other members and use certain other parts of the Service, you must become a subscriber and pay the fees that are set out in the price list located within the Site. This price list is part of your contract with us. Your agreement to subscribe for any additional features shall be referred to herein as your “Subscription”.
We may from time to time run special offers or promotions. If you qualify for any special offer or promotion then the value of any special offer or promotion will be deducted from the cost of membership for the initial Subscription period. Offer codes can only be used when paying online with a credit or debit card. When such offer or promotion expires, the standard rate will apply to any subsequent automatic payments. Payments will show as “Badminton racket review” on your credit or debit card.
Unless stated otherwise, when your current silver or gold (When the Bronze trial expires your membership changes to a trial membership automatically) Subscription expires, your Subscription will automatically be renewed for the same Subscription term that you originally purchased and at the current subscription costing. Subscription fees will not increase for the duration of your Subscription, despite any overall price changes that we may make. You will be billed for your renewal when your current Subscription term expires.
You agree to keep your username and password (“Login”) confidential at all times, to take reasonable steps to prevent others from obtaining your Login, and to log off from your account at the end of each session. You also agree to inform us immediately if at any point you consider that your Login has been compromised and/or is being misused by someone else, and to take such action as is required and/or is requested by us to prevent such compromise or misuse. We reserve the right to disable any Login, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with the provisions of these Terms.
You are responsible for all fees relating to activities conducted using your Login prior to the time that you notify us of unauthorised use of your Login. Badmintonracketreview shall not be liable for any loss or damage arising from your failure to comply with these provisions.
In the event of any claim that your payment card has been used without your permission or any other fraudulent use of payment cards, we will assist the bank and police authorities with any investigations including providing them with all the details used to register associated profiles, card authentication and any communications through or related to the Site either with Badmintonracketreview or other members. False fraudulent use claims, however may result you being added to a card blacklist which will affect your future card purchases. Denying a purchase that you have made is illegal and may result in legal action towards you, which can lead to prosecution, fines and impairment of your credit rating.
Except as explicitly permitted by this agreement, the member agrees to maintain service with Badmintonracketreview for the minimum term. After that, the member becomes a free trial member automatically customer under this agreement. The member can cancel their account any time after the minimum term. All cancellation requests must be submitted online through the member’s account manager via their Badmintonracketreview Dashboard.

 

14. LINKS

 

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Badmintonracketreview has no control over such sites and resources, you acknowledge and agree that Badmintonracketreview is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Badmintonracketreview shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

15. BADMINTONRACKETREVIEW PROPRIETARY RIGHTS

 

You agree that all content and materials delivered via the Service or otherwise made available by Badmintonracketreview are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Badmintonracketreview in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at Badmintonracketreview’s website for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from Badmintonracketreview’s website to create or compile, directly or indirectly, a collection, database or directory without written permission from Badmintonracketreview is prohibited. Any third party that contacts our users for commercial reasons, including to sell them products or services, is in violation of these terms and each individual violation is subject to £3,000 in penalties per instance.
Reproducing, copying or distributing any content, materials or design elements on the Badmintonracketreview website for any other purpose is strictly prohibited without the express prior written permission of Badmintonracketreview. Use of the content or materials for any purpose not expressly permitted in these Terms is prohibited. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Badmintonracketreview grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Badmintonracketreview for use in accessing the Service.

 

16. DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BADMINTONRACKETREVIEW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MEMBERABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. BADMINTONRACKETREVIEW MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BADMINTONRACKETREVIEW OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

17. LIMITATION OF LIABILITY

 

IN NO EVENT SHALL BADMINTONRACKETREVIEW (OR ITS AFFILIATES OR LICENSORS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) AMOUNTS IN THE AGGREGATE GREATER THAN TEN DOLLARS (£10), EVEN IF BADMINTONRACKETREVIEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

 

18. NOTICE

 

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.

 

19. GENERAL INFORMATION

 

The Terms constitute the entire agreement between you and Badmintonracketreview and govern your use of the Service, superseding any prior agreements between you and Badmintonracketreview (including, but not limited to, any prior versions of the Terms). These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Badmintonracketreview’s prior written consent. Badmintonracketreview may assign, transfer or delegate any of its rights and obligations hereunder without consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Badmintonracketreview services, third-party content or third-party software. The Terms and the relationship between you and Badmintonracketreview shall be governed by the laws of England and Wales without regard to its conflict of law provisions. You and Badmintonracketreview agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales. The failure of Badmintonracketreview to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

 

20. VIOLATIONS

 

Please report any violations of the Terms to us at (info@badmintonracketreview.co.uk)