General Terms And Conditions

Outline

Active in Time Limited (“AiT") provides a web based programming service for leisure operators (the “Service”).

By signing and dating this agreement you are deemed to have accepted the Service Terms and Conditions, as may be updated from time to time, and to have entered into an agreement with AiT on such terms.

Definitions

AiT API SERVICE: the paid for API service provided by AiT, documented here -http://api.activeintime.com/v1/api_documentation - to facilitate display of AiT CONTENT on YOUR WEBSITE.

AiT APPS: Currently GymJam and SwimIO on iOS for iPhone, iPod Touch or iPad.

AiT CONTENT: the AiT database including core facility data provided under licence by The Leisure Database Company Ltd, YOUR DATA input by you.

AiT EMBEDDED TIMETABLES: the free service provided by AiT to facilitate the display of AiT CONTENT on YOUR WEBSITE via AiT iFrame HTML code.

PERSONAL DATA: means information on living individuals as further interpreted by the Data Protection Act.

PUBLISHED TIMETABLES: means any timetables maintained in AiT which are published and displayed either on YOUR WEBSITE and/or within our AiT APPS or IN PRINT for your use within centres or for distribution directly to customers.

YOUR DATA: the data you have inserted into the Service.

YOUR WEBSITE: the primary consumer facing website of your organisation.

IN PRINT: Any printed materials which incorporate AiT PUBLISHED TIMETABLES whether for use within centres or for distribution directly to customers.

Schedule

1. Your licence to use the Service

You are hereby granted a non-transferable, worldwide licence to:

  • •    use the Service to input and manage your own programming data
  • •    display the AiT CONTENT in the AiT Embedded Timetable upon YOUR WEBSITE or IN PRINT
  • •    [please let us know by email to info@activeintime.com if you wish to add any other URLs or platforms]
  • •    display the paid for AiT CONTENT in the AiT API SERVICE upon YOUR WEBSITE or IN PRINT

 

2. Our licence to use YOUR DATA

You hereby grant to AiT a non-transferable, worldwide licence to:

  • •    incorporate YOUR DATA into the AiT CONTENT
  • •    adapt, modify YOUR DATA as required to run the Service
  • •    use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly display and make derivative works of all of YOUR DATA, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
  • •    AiT warrants that YOUR DATA will not be provided to third parties involved in promoting tobacco, gambling, pornography, alcohol.

 

3. Your agreement to display promotional links to AiT APPS on YOUR WEBSITE or IN PRINT

3.1 Where you are displaying AiT EMBEDDED TIMETABLES on YOUR WEBSITE or IN PRINT, or where you are using AiT API SERVICE to display AiT CONTENT on YOUR WEBSITE or IN PRINT, you hereby agree to promote a minimum of one of the AiT APPS on YOUR WEBSITE or IN PRINT by providing a link to the relevant iTunes app download page for the AiT app referenced on YOUR WEBSITE or IN PRINT.

3.2 You hereby agree that such promotional links will be clearly visible directly adjacent to all AiT CONTENT displayed on YOUR WEBSITE or IN PRINT. 

3.3 Promotional links are permitted to be generic; for example ‘Gym App’ or ‘Swim App’. AiT will web provide optional digital promotional materials.

3.4 Any non compliance with Clause 3, to be notified by AiT staff by email, will result in service termination within 30 days of notification.

4. Accuracy of Timetables

4.1 You hereby agree that any PUBLISHED TIMETABLES which are displayed either on YOUR WEBSITE via API or iFrame and/or displayed in our AiT APPS will be kept up to date in line with the actual activities taking place within your venues at all times.

4.2 Failure to maintain PUBLISHED TIMETABLES will result in a written warning from AiT administrators. A second violation at AiT’s discretion may result in immediate termination of your use of the service.

5. Intellectual Property Rights

All rights in and to the AiT CONTENT, the Service and the Embedded Timetable shall remain the property of AiT.

6. Warranties & Liabilities

6.1 The Embedded Timetable and AiT CONTENT is made available on an "as is" and "as available" basis and you use the Embedded Timetable and access the AiT CONTENT at your own discretion and risk.

6.2 AiT has taken reasonable care to ensure that the Embedded Timetable and AiT CONTENT contain no inaccuracies, errors, viruses or defects however AiT does not warrant that this is the case.

6.3 To the extent permitted by law, AiT gives no warranty of any kind (implied, statutory or otherwise) in relation to the Embedded Timetable, AiT CONTENT or the AiT website and, to the extent permitted at law, AiT shall not be liable for any loss or damage arising from or connected to the Embedded Timetable or AiT CONTENT, except in relation to death or personal injury caused by AiT’s negligence in which case AiT’s liability shall be unlimited.

6.4 You warrant that you have the right to enter into this Agreement and that you will comply with its terms and conditions. You warrant that the terms of use of Your Site shall bind the users of Your Site to comply with terms including restrictions of equivalent or greater effect to those set out in this Agreement.

6.5 You acknowledge that AiT has certain contractual obligations to The Leisure Database Company Ltd and accordingly agrees that it will not permit any of its agents, employees or contractors to bring AiT into disrepute or offend the community or public morals.

6.6 You undertake that you will at our request do all such further things and execute all such further documents as we may reasonably require for the purpose of confirming our rights pursuant to this Agreement and/or giving effect to the provisions of this Agreement.

6.7 You shall indemnify us and hold us harmless against any and all liabilities, claims, loss, damages and costs (including, without limitation, legal fees) arising due to your breach of any of the terms of this Agreement.

7. Termination

AiT reserves the right, at its sole discretion, to restrict, suspend or terminate your use of the Service, the Embedded Timetable and/or the AiT CONTENT if you do not abide by the terms of this Agreement. On termination you are required to destroy or remove all AiT CONTENT from Your Site, all databases, hard drives, networks and other storage media forthwith. YOUR DATA will be available in an electronic format, to export from the AiT software for a period of six weeks from the date of termination. On termination, on request AiT will delete from the system all operator programming data, timetabling, sessions, admin accounts. Core facility data will not be removed from AiT.

8. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with English law and the High Court of Justice in London shall have the exclusive jurisdiction to resolve any dispute or difference arising out of or in relation to this Agreement.

9. Miscellaneous

9.1 AiT reserves the right to update or modify these terms and conditions from time to time. Please ensure that you review them at http://info.activeintime.com/ait-terms-conditions/ at regular intervals as you will be deemed to have accepted any modifications if you use the Service after such changes have been posted. AiT will endeavour to notify you of any major changes when you sign it.

9.2 This Agreement represents the entire agreement between AiT and you in relation to its subject matter and supersedes any previous agreements or representations.

9.3 Nothing in this Agreement will be deemed to create a partnership or joint venture between AiT and you . Neither AiT nor you shall have the authority to bind the other or to contract in the name of or create a liability against the other in any way for any purpose.

9.4 No failure or delay by AiT or you in exercising rights under this Agreement will operate as a waiver of that right nor will any single or partial exercise by AiT or you of any right preclude any further exercise of any other right.

9.5 If any provision of this Agreement is found to be illegal, void or unenforceable by any court of competent jurisdiction, such invalidity shall not affect the validity of the remaining terms of this Agreement.

9.6 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.