Club Terms and Conditions

1. INTERPRETATION

The rules of interpretation set out in our website terms and conditions (which can be found here) (the “Website Terms”) apply in these terms.

2. INTRODUCTION

2.1 We are Innovation Lake Limited (trading as ResultSheet), incorporated and registered in England and Wales with company number 15177896 whose registered office is at 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF (“ResultSheet”, “us”, “our” and “we”).

2.2 ResultSheet has developed and provides the software via their website (https://resultsheet.co.uk) and the related mobile application (collectively known as the “Platform”) which enables organisers to deliver live results at their events whilst reducing admin.

3. WHAT ARE THESE TERMS?

3.1 The purpose of these terms and conditions (the “Terms”) is to set out the terms by which you being a cycling club (“Club”, “your” and “you”) that has created an account on the Platform (an “Account”) are permitted to access and the use the Platform in accordance with your chosen User Plan (as set out below), as well as set out our rights and obligations.

3.2 These Terms are only applicable to you if you are a Club. If you are individual user accessing the Platform to view event results, please visit our Website Terms.

3.3 The terms of our privacy policy (which can be found here) and our Website Terms (which can be found here) also apply to a Club’s use of our Platform and the Website Terms are incorporated herein by reference.

4. BY USING THE PLATFORM YOU ACCEPT THESE TERMS

By using the Platform, you confirm that you accept these Terms and the Website Terms without amendment and that you agree to comply with them. If you do not agree to these Terms, you must not use the Platform.

5. HOW TO CONTACT US

To contact us, please use our contact form. If we need to contact you, we will do so by writing to you at the email address you provided to us when you registered an Account with us.

6. ONBOARDING

6.1 Subject to you creating an Account, we will grant you a non-exclusive, non-transferable right and licence, without the right to grant sublicences, to permit you to use the Platform in accordance with these Terms and the applicable User Plan.

6.2 You will receive email confirmation from ResultSheet once your Account has been successfully created. Our acceptance of your registration with the Platform takes places when we provide you with Account details. We have no obligation to issue you with an Account.

6.3 By creating an Account, you represent and warrant that you are a cycling club and that all information you have provided to us is accurate, complete and current at all times. You further undertake to update us if any information provided by you to us becomes inaccurate.

6.4 You will have a password to keep your Account secure and you are responsible for the security of your Account details. ResultSheet will accept no responsibility for any loss or damage suffered to you as a result of you sharing or losing your login details. You must inform us immediately if you believe that your login details have been lost, stolen, misused, or compromised in any way. You irrevocably authorise us to take any measures we consider appropriate in our sole and absolute discretion to protect your Account and/or the Platform.

USER PLANS

7. INDIVIDUAL EVENT PASSES

7.1 ResultSheet provides individual event passes to Clubs on a no commitment, pay as you go basis (“Individual Event Pass”). The features included with each Individual Event Pass are set out on the Platform and may be amended from time to time by ResultSheet.

7.2 The price of the Individual Event Pass will be displayed on the Platform and may be amended from time to time. You shall pay for each Individual Event Pass at the time of purchase on the Platform using our chosen online payment provider.

8. ANNUAL SUBSCRIPTION

8.1 Subject to you purchasing an annual subscription in accordance with this clause 8 (“Annual Subscription”), ResultSheet shall provide the features included with the Annual Subscription (as set out on the Platform at the time of purchase) for an initial term of twelve (12) months (“Initial Subscription Term”). The date of purchase shall be the “Commencement Date”.

8.2 The price of the Annual Subscription shall be set out on the Platform (“Annual Subscription Fee”) from time to time. We shall be entitled to increase the Annual Subscription Fee, at the start of each Renewal Period upon thirty (30) days’ prior notice to the Club. All amounts payable or referred to in these Terms shall be payable in pounds sterling.

8.3 You shall, on purchasing the Annual Subscription on the Platform, provide valid, up-to-date and complete credit card details and any other relevant valid, up-to-date and complete contact and billing details (either to ResultSheet directly or via an automated billing system) and you hereby authorise us to bill such credit card:

  • (a) on the Commencement Date for the Annual Subscription Fee payable in respect of the Initial Subscription Term; and
  • (b) subject to clause 8.6 on the first day of each Renewal Period for the Annual Subscription Fee payable in respect of that Renewal Period.

8.4 The Annual Subscription, unless otherwise terminated as provided in this clause 8, shall commence on the relevant Commencement Date and shall continue for the Initial Subscription Term and, thereafter, shall be automatically renewed on a rolling basis for successive periods equal to the length of the Initial Subscription Term (each a “Renewal Period”), unless:

  • (a) you notify us of termination, in writing, at least seven (7) days before the end of the Initial Subscription Term or any Renewal Period, in which case the subscription shall terminate upon the expiry of the applicable Initial Subscription Term or Renewal Period; or
  • (b) otherwise terminated in accordance with the provisions in these Terms.

9. TERMINATION

9.1 We may terminate these Terms and your access to the Platform immediately if:

  • (a) you are in material breach of any of the provisions, paragraphs or terms contained in these Terms and either the breach is incapable of remedy or the breach is not remedied within a period of seven (7) days after we have given you written notice of it;
  • (b) if you fail to pay any amount due under these Terms and remain in default not less than fourteen (14) days after being notified to make such payment;
  • (c) if you act in any way that has brought, or could bring, ResultSheet into disrepute or is unacceptable to ResultSheet; or
  • (d) we can no longer provide the Platform to you.

9.2 On termination of these Terms for any reason:

  • (a) all licences granted under these Terms shall terminate and the Club shall immediately cease all use of the Platform; and
  • (b) any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination shall not be affected or prejudiced.

9.3 All sums payable pursuant to clause 8 of these Terms are non-refundable save in the event of termination by us in accordance with clause 9.1(d) in which case we will refund on a pro rata basis such proportion of any Annual Subscription Fee as relates to the period after termination of these Terms.

10. AVAILABILITY OF THE PLATFORM

10.1 ResultSheet does not guarantee that the Platform will always be available or be uninterrupted and shall not be liable for any loss or damage caused by any inability to access the Platform, or any feature or functionality of the Platform.

10.2 ResultSheet may amend or suspend the Platform for various reasons, including but not limited to, the following:

  • (a) dealing with technical problems or making minor technical changes;
  • (b) updating the Platform to reflect changes in relevant laws and regulatory requirements; and
  • (c) making changes to the Platform as requested by you or notified by us to you.

10.3 We will try to give you reasonable notice of any suspension or withdrawal of the Platform or any scheduled maintenance being carried out on the Platform.

11. YOUR USE OF THE PLATFORM AND ITS CONTENT

11.1 All information available and displayed on the Platform (the “Content”) and the copyright and other intellectual property rights in that Content belongs to or has been licensed by ResultSheet, unless specifically labelled otherwise. Nothing in these terms grants you any legal rights in ResultSheet and/or any Content published on the Platform other than as necessary to enable you to access it.

11.2 You may access, view and use the Platform in accordance with these Terms. You may upload Content to the Platform and contact ResultSheet on the Platform and you must at all times comply with these Terms.

11.3 When you upload or post Content to the Platform, you grant the following rights to use that Content:

  • (a) us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform that Content in connection with the service provided by ResultSheet and across different media and to use the Content to promote ResultSheet; and
  • (b) to all other users of ResultSheet the right to use any Content posted or uploaded by you in accordance with the functionality of the Platform and for the purpose for which such Content was posted or uploaded.

11.4 You shall not distribute or transmit any material during the course of your use of the Platform that:

  • (a) is unlawful, harmful, threatening, discriminatory, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
  • (b) facilitates cheating and/or illegal activity; and/or
  • (c) depicts sexually explicit images,

and we reserve the right, without liability or prejudice to its other rights to you, to disable your access to any material that breaches the provisions of this clause 11.6.

12. CHANGES TO THESE TERMS

12.1 We may amend and update these Terms from time to time. We will notify you of any changes to these Terms by emailing you at the email address associated with your Account and/or by posting a notice on the Platform.

12.2        By continuing to use the Platform after any change to these Terms has been notified to you in accordance with clause 12.1, you are deemed to have agreed to the amended Terms.

13. LIMITATION OF LIABILITY AND NO WARRANTY

13.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from negligence or fraud, or any other liability that cannot be excluded or limited by the laws of England and Wales.

13.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Platform, or any Content on the Platform, whether express or implied.

13.3 In no event shall ResultSheet, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • (a) the use of, or inability to use, the Platform;
  • (b) any injury or harm to you caused by or in connection with using the Platform;
  • (c) the use of, or reliance on, any Content displayed on the Platform.

13.4 We will not be liable for any loss or damage caused by a Virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to the use of our Platform.

13.5 From time to time, you may use or access the services, promotions and websites of third parties whilst using the Platform. In using or accessing third party services, promotions and websites, you agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging to or operated by third parties.

13.6 You agree to indemnify and hold ResultSheet and its related companies, and each of their respective shareholders, directors, officers, employees and agents harmless from and against any third party claim or cause of action, including reasonable legal fees and court costs, arising, directly or indirectly, out of your use in breach of these Terms or your violation of any law or the rights of any third party.

13.7 You acknowledge and agree that we are not responsible for the accuracy of any information published on the Platform by other Users and we do not warrant that any information appearing on the Platform is accurate, true or complete. If you believe that any information appearing on the Platform is incorrect, you should inform us of the information that you consider to be inaccurate, and we will seek to inform the user who posted the information that you consider it to be inaccurate. We specifically exclude liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Platform.

13.8 You acknowledge and agree that we are not responsible for the acts and/or omissions of any other user or Club accessing and/or using the Platform. We specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of the acts/and or omissions of any other users (as applicable).

14. WHAT SECURITY MEASURES DO WE HAVE IN PLACE?

Whilst we have implemented commercially reasonable technical and organisational measures to secure your details from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. We accept no liability for any losses associated with any unauthorised use.  You acknowledge that you provide personal and other information at your own risk.

15. HOW WE MAY USE YOUR DATA

15.1 ResultSheet will comply with all applicable requirements of the Data Protection Legislation. Details of our approach to processing personal data can be found in our Privacy Policy.

15.2 For the purpose of clause 17.1, Data Protection Legislation shall mean all applicable data protection and privacy legislation in force from time to time in the UK including the UK implementation of the General Data Protection Regulation ((EU) 2016/679) as implemented by the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and, to the extent that the General Data Protection Regulation ((EU) 2016/679) applies to the processing of any personal data, such legislation as in force from time to time.

15.3 When you create an Account on the Platform, the default privacy settings will be applied to your Account. You may change the privacy settings for your Account in order to control who can see and access your Account.

15.4 By downloading, using and/or accessing in any way the Platform and/or material provided through the Platform, you consent to receiving electronic communications and notices from us.

16. OTHER IMPORTANT TERMS

16.1 You may create a link to our Platform (via our website or a QR code) provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

16.2 In providing you with access to the Platform, we reserve the following rights, and, in accessing, browsing or otherwise using the Platform, you grant to us and agree that we shall have the following rights:

  • (a) the right to refuse or withdraw your access to the Platform or ability to post Content on the Platform, without liability, in accordance with applicable laws for any reason at any time (with or without notice) if, in we believe in our sole and absolute discretion, you violate, attempt to violate or breach any of these Terms or applicable law;
  • (b) the right to amend or update the Platform or these Terms from time to time;
  • (c) the right to without notice, remove Content or materials from your Account or the Platform for any reason whatsoever at our sole and absolute discretion, including without limitation Content which is unlawful, offensive, threatening, libellous, defamatory, obscene or which infringe third party rights, or where the Account is used to propagate any such Content;
  • (d) the right to access your Profile in order to respond to a request for technical support so long as we maintain reasonably appropriate administrative physical and technical safeguards for the protection of the security and confidentiality and integrity of your data; and
  • (e) the right to terminate, without notice, your Account and delete any associated data from the Platform if your Account has been inactive or disabled for ninety (90) days or more.

16.3 We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to terminate these Terms no less than seven (7) Business Days’ after we tell you about our intention to transfer.

16.4 These Terms are between you and us. No other person shall have any rights to enforce any of these Terms.

16.5 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.6 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaching any of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

16.7 Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

16.8 These Terms together with the Website Terms and our Privacy Policy constitute the entire agreement between you and us in relation to your use of the Platform and supersede any prior representations, inducements or agreements relating to its subject matter.

16.9 You agree that these Terms and any claim, dispute or controversy arising out of in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims), the Platform, ResultSheet’s advertising or any related transaction between you and ResultSheet shall be governed by and construed in accordance with the law of England and Wales. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

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