EVENT MANAGEMENT TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms for the provision of event management services Mindsports International Ltd, a Private Ltd company registered in England and Wales under number 8099257, whose registered address is Unit 9, Bowker House, Lee Mill Bridge, PL21 9EF and whose main trading address is Unit 9, Bowker House, Lee Mill Bridge, PL21 9EF.

1. Definitions and Interpretation

  • 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
    “Business Day” means any day other than a Saturday, Sunday or bank holiday;
    “Calendar Day” means any day of the year;
    “Contract” means the contract for the provision of Event Management Services, as explained in Clause 3;
    “Deposit” means an advance payment made to Us under sub-Clause 5.5;
    “Event” means the event for which you require the Event Management Services as described in your Order;
    “Event Management Services or Entry fee” means the event management services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);or an event supplied by us to you for a fee’
    “Month” means a calendar month;
    “Price” means the price payable for the Event Management Services or Entry fees;
    “Special Price” means a special offer price payable for Event Management Services which We may offer from time to time;
    “Order” means your order for the Event Management Services or Entry fee purchase
    “Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3; and
    “We/Us/Our” Means Mindsports International, a Private Limited company [registered in England and Wales under number 8099257, whose registered address is Unit 9, Bowker House, Lee Mill Bridge, PL21 9EF.
  • 1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, fax or other means.

2. Information About Us

  • 1.1 Our VAT number is GB 175 417 203.

3. The Contract

  • 1.1 These Terms and Conditions govern the sale and provision of Event Management Services or Entry fees by us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
  • 1.2 A legally binding contract between us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided once your payment has been successful.
  • 1.3 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
    • 3.a.1 The main characteristics of the Event you are participating in;
    • 3.a.2 Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);
    • 3.a.3 The total Price for the Event including including taxes or, if the nature of the Event is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
    • 3.a.4 Our complaints handling policy;
    • 3.a.5 Where applicable, details of after-sales services and
    • 3.a.6 The duration of the Contract, where applicable, or if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract.

4. Orders

  • 1.1 All Orders for Events/Tournaments from us made by you will be subject to these Terms and Conditions.
  • 1.2 You may change your Order after receiving the Order Confirmation, before the Event begins. We will use all reasonable endeavours to accommodate any requested changes but cannot guarantee that we will be able to do so. If doing so means that we will incur higher costs, we will inform you and ask you how you wish to proceed before taking any action. We will not charge you a higher Price without your express agreement.
  • 1.3 You may cancel your Order within 7 days of placing it OR up to 3 days prior to the date of the Event. If you have already made any payments to us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded to you within 7 working days. If you request that your Order be cancelled, you must confirm this in writing. If you wish to cancel the Entry fee after this time period, or once we have begun providing them, please refer to Clause 10.
  • 1.4 We may cancel your Order at any time before we begin providing the Entry fees due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of our reasonable control. If such cancellation is necessary, we will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of us informing you of the cancellation. Cancellations will be confirmed in writing.

5. Price and Payment

  • 1.1 The Price of the Entry fee will be calculated in accordance with the current reasonable cost in place at the time of your Order. If the Price shown in your Order differs from our current Price We will inform you upon receipt of your Order.
  • 1.2 If we quote a Special Price which is different to the Price shown on our current website, the Special Price will be valid for the time period stated at the time or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if we do not accept the Order until after the period has expired.
  • 1.3 Our Prices may change at any time but these changes will not affect Orders that we have already received and have been paid for.
  • 1.4 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where we have already received payment in full from you.
  • 1.5 We accept the following methods of payment:
    • 5.a.1 Credit or debit card ;
    • 5.a.2 Cash in the currency of the event;
    • 5.a.3 Pay Pal
    • 5.a.4 BACS payments (which have to be cleared and paid for 7 days before the start date of your first event);
  • 1.6 Credit and/or debit cards will have no charge, however all fees given to you by the bank for doing a BACS payment must be added to the total cost of entry fees/hotel.
  • 1.7 From us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or items that you have provided or action that you have taken we may charge you a reasonable additional sum for that work.
  • 1.8 Chess Main event is subject to a minimum of 50 players for the advertised prize pool to be paid. Failing in reaching the number of 50 participants will change the final prize.
  • 1.9 Scrabble Main event is subject to a minimum of 50 players for the advertised prize pool to be paid. Failing in reaching the number of 50 participants will change the final prize.
  • 1.10 Bridge is subject to the EBED terms and conditions of prizes.

6. Problems with the Event

  • 1.1 We always use reasonable efforts to ensure that our provision of the Event is trouble-free. If, however, there is a problem with the Event we request that you inform us as soon as is reasonably possible (you do not need to contact us in writing).
  • 1.2 We will use reasonable efforts to remedy problems with the Event as quickly as is reasonably possible and practical in the relevant circumstances.
  • 1.3 We will not charge you for remedying problems under this Clause 7 where the problems have been caused by us, any of our agents or employees or sub-contractors or where nobody is at fault. If we determine that a problem has been caused by incorrect or incomplete information or items provided by you, or incorrect or incomplete action taken by you we will seek professional advice.
  • 1.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.

7. Our Liability

  • 1.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence (including that of our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable

8. Events Outside of Our Control (Force Majeure)

  • 1.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
  • 1.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
    • 2.a.1 We will inform you as soon as is reasonably possible;
    • 2.a.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
    • 2.a.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Events as necessary;
    • 2.a.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3;
    • 2.a.5 If the event outside of Our control continues for more than 4 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 10.5.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.

9. Cancellation

  • 1.1 If you wish to cancel your Order for the Event Management Services before the Event Management Services begin, you may do so under sub-Clause 4.3.
  • 1.2 If any of the following occur, you may cancel the Event Management Services and the Contract immediately by giving us written notice. If you have made any payment to us for any Event Management Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of our acceptance of your cancellation. For Event Management Services We have already provided, the relevant sums will either be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. You will not be required to give 7 days’ notice in these circumstances:
    • 2.a.1 We have breached the Contract in any material way and have failed to remedy that breach within 7 days of you asking us to do so in writing; or
    • 2.a.2 We enter into liquidation or have an administrator or receiver appointed over Our assets; or
    • 2.a.3 We are unable to provide the Event Management Services due to an event outside of Our control (as under sub-Clause 9.2.4); or
    • 2.a.4 We change these Terms and Conditions to your material disadvantage.
  • 1.3 We may cancel your Order for the Event Management Services before the Event Management Services begin under sub-Clause 4.4.
  • 1.4 If any of the following occur, we may cancel the Event Management Services and the Contract immediately by giving you written notice We will not be required to give 7 days’ notice in these circumstances:
    • 4.a.1 You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.11); or
    • 4.a.2 You have breached the Contract in any material way and have failed to remedy that breach within 7 days of Us asking you to do so in writing; or
    • 4.a.3 We are unable to provide the Event Management Services due to an event outside of Our control (for a period longer than that in sub-Clause 9.2.5).
  • 1.5 For the purposes of this Clause 10 (and in particular, sub-Clauses 10.3.1 and 10.5.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 10.3.1 and us under sub-Clause 10.5.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

10. Communication and Contact Details

  • 1.1 If you wish to contact us with questions or complaints, you may contact us by telephone at (+44) 01752 907025 or by email at info@mindsportsacademy.com.
  • 1.2 In certain circumstances you must contact us in writing. When contacting Us in writing you may use the following methods:
    • 2.a.1 Contact Us by email at info@mindsportsacademy.com;or
    • 2.a.2 Contact Us by pre-paid post at Unit 9 Bowker House,Lee Mill Bridge, PL21 9EF.

11. Complaints and Feedback

  • 1.1 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
  • 1.2 All complaints are handled in accordance with our complaints handling policy and procedure, available from the UK or certain circumstances the US.
  • 1.3 If you wish to complain about any aspect of your dealings with us, including, but not limited to, these Terms and Conditions, the Contract, or the Event Management Services, please contact Us in one of the following ways:
  • 3.a.1 In writing, addressed to Unit 9 Bowker House, Lee Mill Bridge, PL21 9EF.
  • 3.a.2 By email, addressed to Customer service, info@mindsportsacademy.com
  • 3.a.3 By contacting Us by telephone on (+44) 01752 907026

12. How We Use Your Personal Information (Data Protection)

  • 1.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
  • 1.2 We may use your personal information to:
    • 2.a.1 Provide the Event Management Services to you.
    • 2.a.2 Process your payment for the Event Management Services.
    • 2.a.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
    • 2.a.4 In certain circumstances (if, for example, you wish to pay for the Event Management Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
    • 2.a.5 We will not pass on your personal information to any other third parties without first obtaining your express permission.

13. Other Important Terms

  • 1.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
  • 1.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
  • 1.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
  • 1.4 No failure or delay by us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

14. Governing Law and Jurisdiction

  • 1.1 These Terms and Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.

Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland.