TERMS AND CONDITIONS
LAST UPDATED: 28.01.2017
TERMS AND CONDITIONS OF USE OF WEBSITE
- In this document, (the «Terms and Conditions»), any terms which are capitalised will have the meaning set out in clause 17.
- The Website is provided by Roped Up. The use of the Website is governed by these Terms and Conditions and such other documents referred to herein. By using the Website, you signify that you have read, understand and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website. You must be 18 years old to use this Website and to participate in Groups and Events.
- Roped Up reserves the right to change these Terms and Conditions from time to time. Your continued use of the Website after such variation shall be deemed to constitute your agreement to the variation.
- Roped Up is predominantly a supplier of website and order enablement services. As such, the Services available via the Website are in fact offered and provided by third parties, the Professional Providers, who use the Roped Up website as a sales platform.
- You agree to comply with the terms and conditions set out in these Terms and Conditions, and in particular you agree:
- where you are a Participant, to pay for all Services purchased via the Website;
- to comply with all relevant laws, regulations and statutes when using the Website and purchasing or providing any Services through it, as the case may be;
- not to disclose or permit the disclosure to any third party of any passwords or log in details for the Website;
- to accept responsibility for all activities that occur under your account, including for any transactions, payments or losses made or caused using your password;
- to promptly notify Roped Up of any person impersonating you on the Website or using your password without your permission;
- not to do or attempt to do anything which interferes with the operation of the Website including any attempt to gain unauthorised access to or use of any Website content;
- not to attempt to alter or otherwise carry out any unauthorised act in respect of any digital rights management applications or data embedded in recordings or other digital content made available through the Website; and
- not to resell, reproduce or exploit any Service or Website content except as expressly permitted in these Terms and Conditions.
- You are responsible for ensuring that all details provided to Roped Up or, in the case of Participants, to any Professional Provider are correct and complete, and for informing Roped Up of any changes to the information you have provided. You should email us at email@example.com if you need to update the information provided through your Profile.
- This Website and any information or other material contained in it are made available to you strictly on an ‘as is’ and ‘as available’ basis. As such, Roped Up make no warranties, representations or undertakings in relation to:
- any of the content of the Website (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content); or
- any content of any other third party website referred to or accessed by hypertext link through the Website.
- You should ensure that you have appropriate protection against viruses and other security arrangements in place whilst using the internet. We make no guarantees that the Website is free from computer viruses. It is strongly recommended that you check for such viruses before downloading the Website or its contents.
- Links to third party websites are for your convenience only. Such websites are operated and controlled by third parties and their inclusion does not imply any endorsement or approval by Roped Up of such websites in any way.
- Where you rely on any information or other material contained in this Website, you do so entirely at your own risk and you accept that all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of this Website are excluded to the fullest extent permitted by law. We exclude all liability whatever, to the fullest extent permitted by law, in respect of any loss or damage resulting or arising from any non-availability or use of this Website or of any other w¬ebsite linked to it, or from reliance on the contents of this Website or any material or content accessed through it.
- For the avoidance of doubt we own or are licensed to use all intellectual property rights in and to this website and all technical infrastructure relating to it. This Website is protected by copyright and the copyright, trademarks, logos and intellectual property rights for the content of this Website are the property of Roped Up. Any use, printing or copying of materials on this Website, other than in the course of browsing, is strictly prohibited. Any framing of this Website is prohibited. You may view or download any part of the Site for private purposes, but you are not permitted, without our express permission, to:
- store the Website, or any part of the Website, for any other purpose;
- print copies of the Website, or any part of the Website, for any other purpose;
- reproduce, copy or transmit the Website, or any part of the Website, in any way, for any other purpose or in any other medium; or
- harvest data from the Website, including without limitation, systematically collecting data about the Services offered on the Website or collecting data with the intention of carrying out an activity which would compete with or be detrimental to Roped Up.
- All other rights which are not specifically granted are reserved.
- You agree that no materials of any kind submitted by you, will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
- Roped Up does not monitor individual submissions, Profiles, Groups or Events posted onto the Website by you or other users of the Website or the use of the messaging functionality, but will respond as quickly as possible to any complaints received from users who object to the nature of such content. Where such complaints are found to be justified, Roped Up reserves the right to use, disclose or remove any information or materials without notice or compensation. If you wish to complain about any content appearing on the Website please email: firstname.lastname@example.org.
- The materials posted by users do not necessarily reflect the views of Roped Up. Roped Up expressly disclaims any responsibility or liability for any material communicated by third parties through this Website
- By posting materials to the Website, you authorise Roped Up to use and/or authorise others to use any such materials in any manner or medium. You may not use the Website to advertise any services or solicit customers (save that Professional Providers can advertise Services on their public profile on the Website) without Roped Up’s express permission.
PARTICIPANTS PURCHASING SERVICES
- A contract is entered into between Participants and the Professional Provider when the Go-Live Threshold is reached. This contract may contain terms in addition to those set out in these Terms and Conditions including those set out on, or referenced on, the applicable Profile page on the Website for the Professional Provider or contained in the email confirming that the Go-Live Threshold has been reached.
- When the Go-Live Threshold is reached and a Professional Provider has been assigned to the Event, Participants will receive an email from Roped Up and will, subject to the cancellation rights set out clause 8 become liable to pay the Final Price for the Services.
- Payment details by credit or debit card will be taken at the point of creation of a Group (in the case of Participant Group Creators) or when a request to join an event is made by a Joiner. Payment is processed and managed by a third party service provider, Sage, and the Participant shall be responsible for maintaining all necessary security and permissions with regard to the particular payment method chosen by the Participant. The Participant shall be responsible for all losses (including interest, bank charges and reasonable legal fees) incurred by Roped Up, Sage and any Professional Provider as a result of a breach by the Participant of this clause 2.3.
- Payment will only be taken from Participants on or after the day the Event takes place.
- The Final Price shall not exceed the Maximum Price. Prices may be subject to reduction from the Maximum Price in the event Participants join the Group after the Go-Live Threshold has been reached. The Final Price may not be the lowest advertised price on the Website. The price list can be found here and the Go-Live Threshold and Maximum Price will be listed on a Group page for a Joiner to see before they make a request to join the Group and will be contained in the email confirming that the Go-Live Threshold has been reached.
- If a Participant:
- is excluded from all or part of an Event by a Professional Provider (in accordance with clause 5.3);
- does not to participate in an Event, for any reason other than because they have exercised their right to cancel in accordance with clause 8.2; or
- makes the decision not to continue to participate in an Event once it has begun,
- then the Participant will still be liable to pay the Final Price for the Event.Where Roped Up is the Group Creator or where the Participant Group Creator uses the «Roped Up Instructor Finder» service, we will select and book an appropriate Professional Provider for the Event, based on the Roped Up Ability Levels selected for the Event. Roped Up is reliant on all Participants correctly stating their skill, ability and fitness level to allow Roped Up to select and book the appropriate Professional Provider.
Prices are payable in the currency as listed on the Website. These amounts should be used as a guide only as they may be subject to change based on applicable exchange rates at time of payment.
RESPONSIBILITIES OF PARTICIPANTS
- The fun and social nature of Roped Up means that Participants have responsibilities towards each other:
- Participants should only create and join Groups appropriate to their standard of skiing or snowboarding (see Roped Up Ability Levels) and level of fitness. Under no circumstances should a Participant request to join a Group for which he or she does not possess the required skill, ability or fitness.
- Participant Group Creators should:
- accept or decline promptly all requests to join a Group and must consider all request reasonably and fairly and without bias or discrimination;
- select and book via the Website an appropriate Professional Provider for the Group as soon as the Go-Live Threshold is reached. If a Professional Provider is not available, Participant Group Creators should use the «Roped Up Instructor Finder»;
- liaise as necessary with the Professional Provider and other Participants in relation to the practical arrangements for the Group (meeting point, meeting time, etc), using the Roped Up messaging function;
- inform Roped Up immediately by email to email@example.com if at any stage they decide they no longer wish to act as Group Creator so that an alternative Group Creator can be appointed or Roped Up can act in place of the Participant Group Creator
- The fun and social nature of Roped Up means that Participants have responsibilities towards each other:
HEALTH, SAFETY, SECURITY, CONDUCT, SKILL, FITNESS AND ABILITY
- Participants must be of reasonable physical ability and good health to participate in Events. Participants must notify the Professional Provider immediately at the start of an Event of any special medical conditions that they have, including but not limited to any respiratory or heart conditions, and keep the Professional Provider up to date with any changes that occur during the Event.
- Participants must seek their own advice regarding safety and security in relation to an Event.
- Participants agree to accept the authority and decisions of Professional Providers who have overall responsibility and control of an Event. If in the opinion of any Professional Provider the conduct, behaviour, health, skill, fitness or ability of a Participant is, or is likely to be, detrimental to the safety, welfare or enjoyment of other Participants or the general public then Participants may be excluded immediately from all or part of an Event.
CLOTHING AND EQUIPMENT
Participants must ensure that they have all the necessary and appropriate clothing and equipment required for the Event. It is the responsibility of Participants to make sure they are aware of what equipment is required, and Participants are responsible for the costs of acquiring the equipment.
TRAVEL OR WINTER SPORTS INSURANCE
All Participants must have travel and winter sports insurance suitable to the activities which are to be undertaken by the Group or Event. We are not responsible for any costs Participants may incur in failing to take out adequate travel and winter sports insurance. In the event of an accident, emergency or ill-health Participants may be required to pay for medical, rescue and other insurance related costs upfront. It is the responsibility of Participants to have adequate monies such as cash, cheques or credit card facilities to cover these costs.
CANCELLATION BY PARTICIPANTS
- The advantage of Roped Up’s «go-live» threshold system is that it enables a price to be set at which both the Group Creator and Joiners are happy.
- Participants and Participant Group Creators have a legal right to change their mind within the Cancellation Period. If you would like to cancel your attendance then you must email Roped Up at firstname.lastname@example.org
- Once the Cancellation Period has expired cancellations are no longer possible if it would result in the numbers in the Event falling below the Go-Live Threshold, since this would impact on other Participants. If you wish to cancel your place after the Cancellation Period, you will still be liable to pay the Final Price.
- Roped Up need to make preparations for the Event, such as making final confirmations to the Professional Provider. Therefore, at 4pm GMT on the day before the Event you will no longer be able to cancel, even if you would otherwise have been within the 14 day statutory cancellation period. You understand that you are waiving your statutory right to cancel if you have not cancelled at 4pm GMT on the day before the Event and you are expressly requesting us to go ahead and provide the Services at that time.
CANCELLATION BY ROPED UP OR PROFESSIONAL PROVIDERS
- Participants acknowledge that whilst Professional Providers always endeavour to avoid making changes and cancellations to a Group or Event, they reserve the right to do so. Occasionally Professional Providers may have to change or cancel Events as a result of factors outside of their control or which the Professional Provider could not foresee or avoid after taking all reasonable care.
- On the rare occasion Professional Providers may need to cancel a Group or an Event, Particpants will be notified as soon as reasonably practicable. Refunds will be provided in the event that payment is taken and the Event does not go ahead as planned. For the avoidance of doubt, refunds to the relevant Participant will not be provided in the circumstances listed in clause 2.6.
- Professional Providers must notify Roped Up 24 hours in advance of the Event if they need to change or cancel an Event by emailing email@example.com. If a Professional Provider cancels an Event as a result of a factor which is within their control then the Professional Provider is liable to pay Roped Up the cancellation charge included in the booking confirmation issued to the Professional Provider by Roped Up.
- In the event that Roped Up is unable to book a Professional Provider for your Event then the Event will be cancelled. You will not be charged for the Event and Roped Up will confirm this to you in writing.
- If, following the Go-Live Threshold being met, a Participant or Participant Group Creator exercises their right to cancel during the Cancellation Period and this means that the Go-Live Threshold is no longer met, Roped Up may cancel the Event and return it to Group status.
- Roped Up will not pay any compensation, expenses, losses of any amount or otherwise accept responsibility as a result of a Group of Event being cancelled.
OBLIGATIONS OF PROFESSIONAL PROVIDERS
- It is a condition of Professional Providers’ use of the Website and in receiving bookings via the Website that the Professional Provider providing the Services for an Event is qualified to a level appropriate to the Event.
- The Professional Provider warrants that they are:
- The Professional Provider warrants that they are:
- registered with the relevant professional association or body;
- in possession of comprehensive liability insurance;
- experienced and skilled to a level appropriate to the Event;
- aware that it is their responsibility to be fully in control and in charge of the Event at all times;
- aware that they are responsible at all times for the nature of activities undertaken in the Event, including the decision on which ski runs, slopes, ski areas, off-piste areas and mountains are skied during the Event, and are responsible for the safety of Participants;
- aware that they are responsible for verifying that Participants are of the ability level stated at the time of booking;
- aware that notwithstanding the name, description or intention of an Event, the Professional Provider must only permit Participants to ski in areas, on runs, slopes or pistes, or in off-piste areas, that in the opinion of the Professional Provider Participants possess the requisite skill, fitness and/or ability. In the event that the Professional Provider is of the view that a Participant does not possess the skill, fitness and/or ability necessary for the nature of activities to be undertaken in the Event or the health, conduct or behaviour of a Participant is, or is likely to be, detrimental to the safety, welfare or enjoyment of other Participants or the general public, the Professional Provider should exclude that Participant from participation in the Event in accordance with clause 5.3.
- Professional Group Creators should:
- accept or decline promptly all requests to join a Group and must consider all request reasonably and fairly and without bias or discrimination; and
- liaise as necessary with the Participants in relation to the practical arrangements for the Group (meeting point, meeting time, etc), using the Roped Up messaging function.
- Professional Providers and Roped Up will agree the price for the Event in writing at the time that the Professional Provider creates a Group or when the Professional Provider is booked for an Event.
- Professional Providers understand that an Event may be cancelled if following the Go-Live Threshold being met, a Participant or Participant Group Creator exercises their right to cancel during the Cancellation Period and this means that the Go-Live Threshold is no longer met. Roped Up shall have no liability to Professional Providers in respect of cancelled Events.
- Professional Providers will indemnify us and hold us harmless against any and all costs, losses, damages, liabilities and expenses (including reasonable legal fees) that we may incur in connection with any failure by you to comply with any of your obligations in relation to any tax or in consequence of our relying on your instructions on any matter relating to any tax or in consequence of any act or omission associated with our discharge of any of our obligations under these Terms and Conditions. Without limiting the scope of this provision, loss or damage shall include professional fees incurred in dealing with communications or enquiries from revenue authorities.
- Professional Providers agree to be responsible for the payment of all tax liabilities relating to the Services, other than Roped Up’s corporation tax liability on its profit, including any withholding tax, corporate tax and any other applicable tax.
For the purposes of this clause 10.8(a), the following terms shall have the following meanings:
«Data Controller» has the meaning set out in section 1(1) of the Data Protection Act 1998;
«Data Subject» means an individual who is the subject of Personal Data;
«Personal Data» has the meaning set out in section 1(1) of the Data Protection Act 1998 and relates only to personal data, or any such personal data, of which Roped Up is the Data Controller; and
«Processing» and «process» have the meaning set out in section 1(1) of the Data Protection Act 1998.
- The Professional Provider and Roped Up acknowledge that for the purposes of the Data Protection Act 1998, Roped Up is the Data Controller and the Professional Provider is the data processor.
- The Professional Provider shall:
- process the Personal Data only to the extent, and in such a manner, as is necessary for the purposes of providing the Services and in accordance with Roped Up’s instructions from time to time and shall not process the Personal Data for any other purpose. The Professional Provider will keep a record of any processing of Personal Data it carries out on behalf of Roped Up;
- promptly comply with any request from Roped Up requiring the Professional Provider to amend, transfer or delete the Personal Data;
- provide, at Roped Up’s request, a copy of all Personal Data held by it in the format and on the media reasonably specified by Roped Up;
- not transfer the Personal Data outside the European Economic Area without the prior written consent of Roped Up; and
- promptly inform Roped Up if any Personal Data is lost or destroyed or becomes damaged, corrupted, or unusable. The Professional Provider will restore such Personal Data at its own expense.
- If the Professional Provider receives any complaint, notice or communication which relates directly or indirectly to the processing of the Personal Data or to either party’s compliance with the Data Protection Act 1998 and the data protection principles set out in this agreement, it shall immediately notify Roped Up and it shall provide Roped Up with full co-operation and assistance in relation to any such complaint, notice or communication.
- The Professional Provider shall ensure:
- that it takes reasonable steps to ensure the reliability of any of the Professional Provider’s employees who have access to the Personal Data;
- that access to the Personal Data is limited to:
- those employees who need access to the Personal Data to meet the Professional Provider’s obligations under this agreement; and
- in the case of any access by any employee, such part or parts of the Personal Data as is strictly necessary for performance of that employee’s duties,
- that all of its employees involved with the Services:
- are informed of the confidential nature of the Personal Data;
- have undertaken training in the laws relating to handling Personal Data; and
- are aware both of the Professional Provider’s duties and their personal duties and obligations under such laws and this agreement.
- If the Professional Provider receives a request from a Data Subject for access to that person’s Personal Data, the Professional Provider shall:
- notify Roped Up within 3 business days of receiving such a request;
- provide Roped Up with full co-operation and assistance in relation to any request made by a Data Subject to have access to that person’s Personal Data; and
- not disclose the Personal Data to any Data Subject or to a third party other than at the request of Roped Up or as provided for in this agreement.
- Roped Up is entitled, on giving at least 5 business days’ notice to the Professional Provider, to inspect or appoint representatives to inspect all facilities, equipment, documents and electronic data relating to the processing of Personal Data by the Professional Provider. This requirement to give notice will not apply if Roped Up believes that the Professional Provider is in breach of any of its obligations under this clause 10.7.
- The Professional Provider warrants that:
- it will process the Personal Data in compliance with all applicable laws, statutes, regulations and codes from time to time in force; and
- it will take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure Roped Up’s compliance with the seventh data protection principle.
- The Professional Provider shall notify Roped Up immediately if it becomes aware of any unauthorised or unlawful processing, loss of, damage to or destruction of the Personal Data.
- The Professional Provider agrees to indemnify and keep indemnified and defend at its own expense Roped Up against all costs, claims, damages or expenses incurred by Roped Up or for which Roped Up may become liable due to any failure by the Professional Provider or its employees or agents to comply with any of its obligations under this clause 10.7
- In relation to third parties or sub-contracting the processing of Personal Data:
- the Professional Provider may not authorise any third party or sub-contractor to process the Personal Data; and
- the Professional Provider may only authorise a third party (sub-contractor) to process the Personal Data:
- subject to Roped Up’s prior written consent where the Professional provider has supplied Roped Up with full details of such sub-contractor;
- provided that provisions relating to data processing and data protection in the sub-contractor’s contract is on terms which are substantially the same as those set out in this clause 10.7; and
- provided that the sub-contractor’s contract terminates automatically on termination of this agreement for any reason.
- Skiing and snowboarding both on- and off-piste are hazardous activities. Participants and Professional Providers take responsibility for all and any risks arising, of whatever nature, by participation in these activities.
- Roped Up and its employees, representatives and agents are only involved in the provision of the Website and order enablement services and accept no liability whatsoever for any aspect of the Services provided by Professional Providers during a Group or Event or for anything which might occur prior to, during or after a Group or Event. Liability in respect of the Services provided by Professional Providers prior to during or after a Group or Event is a matter for the contract between the Participants and the relevant Professional Provider, which Roped Up is not a party to.
- Without limiting clause 11.2, Participants and Professional Providers acknowledge that using a ski area, including its lifts and participation in resort and mountain activities, and/or skiing off-piste outside the marked ski area, for any purpose, can be hazardous and Participants and Professional Providers assume all risks. Participants and Professional Providers agree to hold harmless, release, defend and indemnify Roped Up, their employees, representatives and agents from all liabilities and/or claims resulting from Participants or Professional Providers use of the Website, the order enablement services or which might arise prior to, during or after a Group or Event.
- To the fullest extent permitted by applicable law and regulation, (i) we accept no liability for any losses caused by the Website being unavailable to you, and (ii) we will not be responsible for any loss of opportunity, loss of profits, loss of data, loss of anticipated profits, or loss actual or anticipated savings (in each case whether direct or indirect), nor for any indirect losses, consequential, exemplary, special or punitive damages even if we have been advised of the possibility of such damages. Our liability to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) in respect of any claim arising from any Event, where you are a Participant, the amount paid by you for such Event; where you are a Professional Provider, the amount received by you for such Event, and/or in respect of any other claim, or aggregate claims, fifty pounds (£50), provided that we do not limit our liability at law in relation to the Website and order enablement services for fraud, fraudulent misrepresentation or for death or personal injury caused by negligence or for any other type of liability which cannot by law be excluded or limited.
Roped Up is not responsible for any outside arrangements Participants may make before, during or after participating in a Group or an Event. This includes, but is not limited to, any element booked or arranged in conjunction with the Event with a Professional Provider or third party, even in the case where Roped Up has made a recommendation, introduction, or referral.
ASSIGNMENT AND OTHER DEALINGS
- You shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of your rights or obligations under these Terms and Conditions. For the avoidance of doubt, this shall include, but not be limited to, a Professional Provider not being permitted to subcontract the performance of the Services in relation to a Group or Event and a Participant not being entitled to swap someone into their place in a Group or Event.
LEGAL JURISDICTION AND ENFORCEABLILITY
- The contract of Professional Providers and Participants with Roped Up is subject to English law and the exclusive jurisdiction of English Courts.
- If any part of these Terms and Conditions are held to be unenforceable, then that part shall be deemed to be deleted from these Terms and Conditions, and the validity, legality or enforceability of the remainder shall be unaffected.
- These Terms and Conditions constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the subject matter. Roped Up shall not be bound by any terms provided by Professional Providers in the booking of Events, although there may be terms imposed by Professional Providers on Participants which compliment these Terms and Conditions.
- In the unlikely event that a problem occurs during your Event, it is important that you immediately inform the Professional Provider in charge of the Event. If your complaint cannot be resolved satisfactorily at that time, you must email us at firstname.lastname@example.org within 28 days of the Event supplying all the relevant details.
- We may terminate your account with us at any time, provided that if we do so any rights accrued up to the date of termination by either you or us will not be affected. Roped Up reserves the right to disable Groups and suspend or cancel any account, without prior notice.
The following terms carry the following meanings:
«Cancellation Period» means:
— 14 days from the day that the Go-Live Threshold is reached for those in the Group at the time the Go-Live Threshold is reached; or
— 14 days from the acceptance of a Participant into an Event; or
— up to 4pm (GMT) on the evening before the Event whichever occurs sooner.
"Event""Event" a Group in respect of which the Go-Live Threshold is reached.
«Final Price» the actual price payable per Participant, based on the number of Participants signed up at 4pm (GMT) on the day before the Event.
«Go-Live Threshold» the minimum number of Participants stipulated by the Group Creator required to make the Group an Event.
«Group» a proposed session of ski instruction or ski guiding to be provided by a Professional Provider advertised on Roped Up’s website.
«Group Creator» Roped Up, a Participant or Professional Provider who creates a Group.
«Joiner» a Participant who requests to join a Group.
"Maximum Price""Maximum Price" the maximum price payable per Participant in the event that the Go-Live Threshold is reached.
«Participant» users of the Website who create or join Groups and/or who participate in Events who are not Professional Providers.
«Participant Group Creator» a Participant who creates a Group on the Website.
«Professional Group Creator» a Professional Provider who creates a Group on the Website.
«Professional Provider» ski guides, ski instructors, ski schools and ski guiding companies who provide Services through the Website.
«Profile» a profile page on the Website containing individual or company information.
«Roped Up», «us» , «we» and «our» means Roped Up Limited, registered as a company in England and Wales with registered offices at 30 Claylands Road, London, United Kingdom, SW8 1NZ and registration number 09918301.
«Services» ski instruction or ski guiding services as offered and provided by the Professional Providers in accordance with clause 1.4.
«Successful Joiner» a Joiner whose request to join a Group is accepted by the Group Creator.
«Website» means www.ropedup.com.
«you» and «your» means a user of the Website, this may be a Participant or a Professional Provider, as applicable in the circumstances.
- Where the context requires in these Terms and Conditions words denoting the singular shall include the plural and vice versa, words denoting the masculine gender shall include the feminine gender and words denoting persons shall include corporate entities. The headings used in these Terms and Conditions shall be deemed not to be a part of the Terms and Conditions nor act in the construction of any provision of the Terms and Conditions.
ACCEPTANCE AND DECLARATION
- You have read and accepted the above booking terms and conditions and agree to all terms and conditions. You agree to act ethically and responsibly at all times while you are a Participant or Professional Provider in a Group or Event. You declare that the information and statements made in or on your Profile page, including but not limited to my ability level, are true.
LAST UPDATED: 27.01.2017
Please take a moment to read this Policy as it includes important information. By visiting our Website and providing us with your personal data, you acknowledge and agree that your personal data may be processed for the purposes identified in this Policy.
This Policy sets out:
- who we are;
- the personal data we collect about you;
- the cookies and similar technology used on our Website;
- how we use your personal data;
- the circumstances in which we may share your personal data with third parties;
- the circumstances in which we may transfer your personal data outside of the European Economic Area;
- how we protect your personal data;
- how we may retain your personal data;
- how you may edit, delete or access your personal data;
- relevant third party terms for additional functionality on our Website provided by third parties; and
- how we may update this Policy.
WHO WE ARE & CONTACT INFORMATION
Roped Up is a company registered in England and Wales with registered offices at 30 Claylands Road, London, United Kingdom, SW8 1NZ. Our company registration number is 09918301.
We welcome your comments about this Policy. If you have any questions about how we use your personal data, please do not hesitate to contact us at:
Address: 30 Claylands Road, London, United Kingdom, SW8 1NZ
Phone: +44(0)7899 963148
WHAT WE COLLECT
«Personal Data» means any information which, either alone or in combination with other information in our possession, enables you to be identified. We obtain Personal Data about you in a range of ways:
Information You Give Us
We collect your name, age, gender, postal address, email address, phone number, nationality, languages you speak, a description of your sports ability and photos you upload to your profile, as well as any other information you directly give us on our Website. In addition, we may also collect Personal Data from you when you correspond with us (for example, when you send us e-mail communications or letters, or contact us by telephone).
Information Automatically Collected
We use online analytics such as Google Analytics to automatically log information about you (such as your gender and age) and your computer. For example, when visiting our Website, we log your computer operating system type, browser type, browser language, internet protocol (IP) addresses, internet service provider (ISP), pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Website. We use this information to better understand how visitors use our Website and for internal reporting purposes.
USE OF PERSONAL DATA
We use your Personal Data for the following purposes:
- to operate, maintain, and improve our Website, products and services;
- to process groups and events arranged or attended by you through the Website;
- to provide you with access to the Website and to your user account;
- to respond to comments and questions and provide customer service;
- to send information including confirmations and invoices;
- where you have opted in to receiving such information, to communicate about promotions, upcoming events, and other news about products and services offered by us;
- to link or combine user information with other Personal Data; and
- to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
SHARING OF PERSONAL DATA
We do not rent, sell or share Personal Data about you with third parties except under the following circumstances:
- with your consent. For example, where you have opted in to receive marketing information from third parties whose products or services may be of interest to you, we may share your Personal Data with those third parties for their own marketing purposes. Those uses will be subject to the privacy policies of such third parties;
- when you arrange to attend an event through the Website, we will share your Personal Data with other members of your event. This will include us sharing Personal Data (name, phone number and email address) relating to event participants with the relevant professional provider who is running the event. We will also share Personal Data (name, phone number and email address) relating to the relevant professional provider who is running the event with the event participants. We will only share the Personal Data included in a group or event participant’s public profile with the other group or event participants;
- if we are subject to a business transaction involving the sale or transfer of all or substantially all of our business or assets (these deals can include any merger, financing, acquisition), we may pass your Personal Data to the successor organisation for use strictly in accordance with this Policy;
- we may share your Personal Data for legal protection, and safety purposes:
- to comply with laws or any regulatory obligation;
- to protect the rights and property of Roped Up, our agents, customers and others. This includes enforcing our agreements, policies or Terms and Conditions of Use;
- in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person; and
- we may share your Personal Data with those of our employees, volunteers and officers who need to receive your Personal Data to enable us to fulfil our obligations towards you and with any of our service providers, subject to having an appropriate contract in place with the third party service provider.
INTERNATIONAL TRANSFER OF PERSONAL DATA
PROTECTING YOUR INFORMATION
We want you to feel confident about using our Website, and we are committed to protecting the Personal Data we collect. We limit access to Personal Data about you to employees who reasonably need access to it, to provide products or services to you or in order to do their jobs. We maintain appropriate technical and organisational physical, electronic, and procedural safeguards to protect the Personal Data that you provide to us against unauthorised or unlawful processing and against accidental loss, damage or destruction.
RETENTION OF PERSONAL DATA
We retain your Personal Data for no longer than is necessary for the purposes as described in this Policy above.
HOW TO EDIT, DELETE OR ACCESS YOUR PERSONAL DATA
You have the right to ask for a copy of any Personal Data that we hold about you in our records, to correct any inaccuracies, to update any out of date information and to request that we delete your Personal Data. You can also ask us not to send you direct marketing communications (however please note that we may continue to send you service related (i.e. non-marketing) communications, such as email updates). If you wish to exercise any of these rights, or wish to object to our use of your Personal Data, please contact us using the contact information above.
THIRD PARTY TERMS
Please note that your use of third party sites such as Twitter, Facebook, Google + or Tumblr is subject to the respective third party’s terms and conditions.
At the date of this Policy, payments are processed and managed by Sage (www.sagepay.co.uk).
What is a Cookie?
Cookies are text files containing small amounts of information which are downloaded to your computer or mobile device when you visit a website or mobile application. Cookies are then sent back to the originating site on each subsequent visit, or to another site that recognises those cookies. You can find out more information about cookies at www.allaboutcookies.org. Cookies are widely used in order to make sites work, or to work more efficiently, as well as to provide information to the owners of the platform.
Types of Cookies
There are two broad categories of cookies: First Party cookies: these are served directly by us to your computer or mobile device. They are used only by us to recognise your computer or mobile device when it revisits our Website; and
Third party cookies: these are served by a service provider on our Website, and can be used by the service provider to recognise your computer or mobile device when it visits other sites. Third party cookies are most commonly used for platform analytics or advertising purposes.
Cookies can remain on your computer or mobile device for different periods of time. Some cookies are ‘session cookies’, meaning that they exist only while your browser is open. These are deleted automatically once you close your browser. Other cookies are ‘permanent cookies,’ meaning that they stay on your device after your browser is closed. They can be used by the site to recognise your computer or mobile device when you open your browser and browse the internet again.
What cookies do we use?
Cookies necessary for essential purposes These cookies are essential to provide you with services available through our Website and to use some of its features, such as access to secure areas. Without these cookies, services you have asked for, like transactional pages and secure login accounts, would not be possible.
These cookies are used to collect information about how visitors use our Website.
The information gathered does not identify any individual visitor and is aggregated. It includes the number of visitors to our Website, the sites that referred them to our Website and the pages that they visited on our Website.
We use this information to help operate our Website more efficiently, to gather broad demographic information and to monitor the level of activity on our Website.
These cookies collect information about how visitors use the site, so that we can analyse traffic and understand how our visitors use our Websites.
These cookies allow our Website to remember choices you make (such as your user name, or the region you are in when accessing our Website) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.
Social Media Cookies
These cookies are used when you share information using a social media sharing button or «like» button on our Websites or you link your account or engage with our content on or through a social networking site such as Facebook, Twitter or Google+. The social network will record that you have done this. This information may be linked to targeting / advertising activities.
How to control or delete cookies
. You can set your cookie preferences by changing your browser settings so that cookies from this Website cannot be placed on your computer or mobile device. In order to do this, follow the instructions provided by your browser (usually located within the «help» «tools» or «edit» facility).
For further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.eu.
CHANGES TO THIS POLICY
From time to time we may change this Policy. If we make any changes, we will change the Last Updated date above. If you do not agree to these changes, please do not continue to use our Website. If material changes are made to this Policy, we will notify you by email or by placing a prominent notice on the Website.
TERMS AND CONDITIONS FOR ROPED UP'S PROMOTIONAL COMPETITIONS
For all competitions or prize draws operated or advertised by or on behalf of Roped Up, the following terms and conditions apply:
- Only one entry per person is permitted.
- For competitions or draws which have as their prize instruction or guiding:
- the instruction or guiding shall be offered in a resort in which Roped Up provides enablement services for Professional Providers (ski schools);
- the instruction or guiding shall be provided by a Professional Provider selected by Roped Up;
- the instruction or guiding shall be arranged to take place on a date agreed between Roped Up and the winner, subject to the availability of the Professional Provider, and arranged to take place in the winter season in which the competition/prize draw takes place, or in a later season only by agreement of Roped Up;
- at the discretion of Roped Up, the arranged date of instruction or guiding may be advertised as an event on the Roped Up website which other users may request to join, subject to the competition/prize winner having the discretion to accept or refuse requests to join, provided always that such requests shall not to be unreasonably refused.
- the prize/competition winner shall register as a user of Roped Up, and shall be bound by, and the instruction or guiding shall be subject to, the general Terms and Conditions set out above.
- Prizes are non-transferable and have no cash equivalent redemption value.
- Roped Up reserves the right to advertise or publish on its own website or third party websites, and/or via social media channels, the name and profile picture of any competition winner, and to use photographs from any prize instruction or guiding in marketing materials, own or third party websites, or on social media. However, if any prize winner would prefer that their name remains anonymous, please contact us to let us know.
- We also reserve the right to pass on your email address to third parties. If you would prefer that we do not share your details, please contact us to let us know.