Terms & Conditions for BEJSC / BEJSC website as a whole. (Climbing Specific T&C’s are here)
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.bejsc.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content”
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
“We/Us/Our” means Bourne End Junior Sports & Recreational Club of New Road, Bourne End, Bucks, SL8 5BS.
Information About Us
Our Site, www.bejsc.co.uk, is owned and operated by Bourne End Junior Sports & Recreational Club of New Road, Bourne End, Bucks, SL8 5BS.
Access to Our Site
Access to Our Site is free of charge. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Intellectual Property Rights
All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
You may:
1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
2. Download Our Site (or any part of it) for caching;
3. Print [one copy of any] page[s] from Our Site;
4. Download extracts from pages on Our Site; and
5. Save pages from Our Site for later and/or offline viewing.
Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. [This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.]
[Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.]
Links to Our Site
You may link to Our Site provided that:
1. You do so in a fair and legal manner;
2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
3. You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
5. You may link to any page of Our Site.
Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at office@bejsc.co.uk for further information. You may not link to Our Site from any other site the main content of which contains material that:
1. is sexually explicit;
2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
3. promotes violence;
4. promotes or assists in any form of unlawful activity;
discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
5. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6. is calculated or is otherwise likely to deceive another person;
7. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
8. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
9. implies any form of affiliation with Us where none exists;
infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
10. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
[The content restrictions do not apply to content submitted to sites by other users provided that the primary purpose of the site accords. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.]
Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
Disclaimers
Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
No part of Our Site is intended to constitute a contractual offer capable of acceptance. No goods or services are sold through Our Site and the details of services provided on Our Site are provided for general information purposes only. We make reasonable efforts to ensure that any and all pricing information shown on Our Site is correct at the time of going online. We reserve the right to change prices at any time and may add or remove special offers and promotions from time to time. All pricing information is reviewed and updated annually.
Whilst every reasonable effort has been made to ensure that all representations and descriptions of services available from Us correspond to the actual services available, variations or errors may occur.
We make no representation, warranty, or guarantee that services shown on Our Site will be available from Us. Please contact Us if you wish to enquire as to the availability of any services.
Our Liability
To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Viruses, Malware and Security
We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means. By breaching the provisions you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
Acceptable Usage Policy
You may only use Our Site in a manner that is lawful. Specifically:
you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
1. suspend, whether temporarily or permanently, your right to access Our Site;
2. issue you with a written warning;
3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
4. take further legal action against you as appropriate;
5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
6. any other actions which We deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from www.bejsc.co.uk. These policies are incorporated into these Terms and Conditions by this reference.
Changes to these Terms and Conditions
We may alter these Terms and Conditions at any time. [If We do so, details of the changes will be highlighted at the top of this page.] Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Contacting Us
To contact Us, please email Us at office@bejsc.co.uk or using any of the methods provided on Our contact page at www.bejsc.co.uk/contact.
Communications from Us
If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 2 business days for your new preferences to take effect.
For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at office@bejsc.co.uk
Data Protection
Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the General Data Protection Regulation 2016/679 and your rights and Our obligations under that Act.
We may use your personal information to reply to any communications you send to Us. We will not pass on your personal information to any third parties.
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Terms & Conditions related to Climbing Wall Use
RISKS
“The British Mountaineering Council recognises that climbing and mountaineering are activities with a danger of personal injury or death. Participants in these activities should be aware of and accept these risks and be responsible for their own actions and involvement.”
Although the climbing centre is an artificial environment the risks involved are no less serious than when climbing outside on a crag or mountain. There is an additional risk that bolt-on holds can spin or break and this may result in a fall. Spinning holds (or “spinners”) must be reported to staff immediately. BEJSC cannot be held responsible for any injury that you may sustain as a result of a spinning hold.
The soft flooring under the bouldering walls is designed to provide a more comfortable landing for climbers falling or jumping from the bouldering wall. THE SOFT FLOORING DOES NOT MAKE THE CLIMBING ANY SAFER. Broken and sprained limbs are common on this type of climbing wall despite the soft landing. Uncontrolled falls are likely to result in injuries to yourself or others.
Climbing beyond your capabilities on any wall is likely to result in a fall. Any fall may result in an injury despite the safety systems in place to avoid it. You must make your own assessment of the risks whenever you climb.
Our Duty of Care
The rules of the climbing wall set out below are not intended to limit your enjoyment of the facilities. They are part of the duty of care that we, as operators, owe to you, the customer, by law. As such they are not negotiable and if you are not prepared to abide by them then the staff must politely ask you to leave.
Your Duty of Care
You also have a duty of care to act responsibly towards the other users of the hall & wall areas. Statements of ‘Good Practice’ will posted around the building adjacent to the relevant facilities. These describe the accepted methods of use and how customers would normally be expected to behave towards each other.
Unsupervised Climbing
Prior to climbing unsupervised you must complete the appropriate Bouldering or Roped Climbing training through the section leader, and demonstrate an appropriate level of understanding of the activity for which you are proposing to complete. Before you rope climb without supervision, BEJSC expects you to be competent in the use of a safety harness, a suitable knot to attach a rope to the harness and a belay device to secure a falling climber or lower a climber from the wall using a rope. All climbers are required to register to say that they know how to use appropriate equipment, that they are prepared to abide by the rules of the club and that they understand the risks involved in their participation.
Anyone who is unable to satisfy the minimum requirements as a competent roped or bouldering climber shall register as a novice and must not climb without supervision.
Unsupervised climbing is just that! Staff will provide whatever help and advice they can, but instruction in the use of equipment or climbing techniques will only be provided where it has been booked and paid for in advance. If you are not confident in the use of any climbing equipment or technique then do not attempt to use it without the supervision of someone who is competent to do so.
Supervised Climbing
An adult who has registered at the club may supervise up to two novice climbers as long as they are prepared to take full responsibility for the safety of those people. Groups of three or more novices must only be supervised by an instructor holding the relevant Mountain Training qualification.
Children/Minors (under 18)
ALL children/minors in the centre must be supervised by an adult unless they have been assessed by the section leader and registered for unsupervised climbing.
Facilities
BEJSC reserves the right to close the facilities or part thereof for any period of time required for route setting, tournaments, other activities or in connection with repairs, alterations or maintenance work. BEJSC occasionally films and takes photographs for marketing and training purposes.
RULES
General Safety
• Report to section leader on each visit before you climb
• You must exercise care, common sense and self-preservation at all times.
• Report any problems with the walls, equipment or other climbers’ behaviour to the section leader immediately.
• Be aware of the other climbers around you and how your actions will affect them.
• Do not distract people while they are climbing or belaying.
• Stand well back from the climbing walls unless you are belaying or spotting a climber. Never stand directly under someone who is climbing.
• We reserve the right to ask you to use a harness provided by the BEJSC if we feel that your harness looks old or unsuitable
• Spectators are prohibited from entering the climbing areas.
• Climb within your own limits.
Top Roping and Auto belays
• Many of the climbs up the wall have top ropes already in place. Do not take them down to use on other routes.
• When using auto belays, always clip into the belay loop on your harness.
• When using auto belays remove helmets and any loose clothing or snag hazards on harness.
• When using auto belays always be aware of any climbers beneath and make them aware of you before decent.
• Never top out or touch the auto belay unit.
• Always check for correct function of unit before use.
• Report problems or issues to staff.
• If auto belay line malfunctions alert staff immediately.
When Belaying
• Always use a belay device attached to your safety harness with a locking karabiner. ‘Traditional’, or ‘body’ belaying is not acceptable. Self-belaying is not permitted.
• Ground anchors are provided to give support to people belaying a climber who is much heavier than they are. Direct belays from the ground anchor.
• Always pay attention to what the climber is doing.
• Always stand as close to the climbing wall as is practical. Sitting or lying down are not acceptable.
• Be aware of other centre users, and features such as the bouldering matting when lead belaying.
When Climbing
• The tall walls are designed to be climbed using a rope for protection. Solo climbing is not acceptable on these walls. Always use a rope to protect yourself on these climbs.
• Always use a safety harness to attach yourself to the rope.
• Always tie the rope directly into the harness using a re-threaded figure-eight with double stopper knot. Clipping in with a karabiner is not acceptable.
• Do not carry phones, cameras, wallets, coins, keys etc. when climbing, they may fall and hurt other people.
Bouldering
• Always climb within your capabilities and descend by down climbing, or at the very least a controlled fall. Avoid jumping from the top.
• Never climb directly above or below another climber.
• Topping out on any of the bouldering walls is strictly prohibited.
• Helmets, harnesses, food and drink or any hard objects are not permitted in the bouldering areas at any time.
• Only spot a partner if you understand how to spot correctly.
• Bouldering only customers are not permitted to use the roped climbing areas.
Training Area
• This area is only to be used under the guidance of the section leader.
• Please ensure you are warmed up properly before using facilities.
• Please take due caution when using this area.
• No items to be left on matting.
• Please remain fully clothed when using this area
• Please ask staff if you have not used this type of training facility previously.
