1. The following terms of use govern your use of this website (with address www.thesportbriefing.com) (the “Site”) and your subscription to the Sport Briefing print and online news services (the “Services”). The terms and conditions contain warranty and liability disclaimers. You will be taken to have read, understood and accepted these terms and conditions in the same way as if you had signed a printed version and they will continue to apply every time you use this Site or the Services. If you do not accept these terms and conditions, do not use this Site or the Services.
2. The Site is owned and operated by PA Sport UK Limited (registered in England under the number 3891053) of 292 Vauxhall Bridge Road, London SW1V 1AE ("PA"). PA is a company within the PA Group of companies, with “PA Group” meaning PA (or any holding company of PA) and each subsidiary from time of PA (or any holding company of it) with “holding company” and “subsidiary” as defined in the Companies Act 2006. The licence granted to you by PA to use the Site and the Services will automatically terminate if you breach any of these terms and conditions.
3. The Site may contain links to various websites that are operated by third parties over whom PA has no control. PA does not make any representation - and does not accept any liability - in respect of the content, products or services available from such websites, or the business of such third parties. Any dealings with advertisers and merchants accessed using the Site shall be entirely at your own risk.
4. PA will provide the Services that have been selected by you in accordance with the subscription form you complete either in hard copy or online and these Terms and Conditions (the "Agreement").
5. Subscriptions to the Services are non-refundable after commencement. You will pay the subscription charges for the Services that you have selected in accordance with the subscription form you complete. Without prejudice to any other rights and remedies that PA may have and your continuing obligation to pay the subscription charges, if payment of the subscription charges is not received by PA on the due date, PA may withhold its provision of the Services.
6. Your subscription to the Services will renew automatically for a further 12 month period at the end of each 12 months unless you cancel by giving one month’s notice to PA before the end of the current subscription year.
7. If applicable You will be supplied with a username and password by PA to gain access to the Services via the Site. You must not disclose your username or password to any third party. Any misuse by you of your username and password may result in your access to the Site / Services being terminated.
8. Unless otherwise expressly agreed with PA in writing, you may only use any material forming part of the Site / Services for your own personal information only or, if you are accessing the Site / Services in the course of your business, those parts of the material relevant to the business of the organisation for which you are working when accessing the Site / Services may be disseminated / made available to relevant personnel within such organisation for information purposes only - for the avoidance of doubt, this excludes dissemination of the material: (i) as a whole within such organisation, or (ii) in part on any Intranet within such organisation or in any other internal publication disseminated / made available throughout such organisation. No such material may be commercially exploited by you or otherwise used, reproduced, distributed or stored by you.
9. PA will take all reasonable steps to ensure the accuracy and timely supply of its own information which it places on the Site / Services, but PA does not warrant that the information on the Site or the Services will be free from error or uninterrupted or, as provision of the information on the Site and the Services is subject to the availability of the necessary information to PA, that specific items of information will be available. In particular, PA gives no warranty or other reassurance with regard to the content supplied by any third party information providers available from the Site or the Services and you use and/or rely on the content of any such information at your own risk. No conditions, warranties or other terms (express or implied, including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Agreement or to the Site, Services or Content except to the extent that they are expressly set out in this Agreement
10. PA does not accept any liability for failures or breakdowns in network connections and/or end-to-end connectivity across the Internet and/or performance problems experienced on Internet networks outside PA’s direct control.
11. The Agreement states PA’s entire liability of whatever type or nature to you in connection with the Site and the Services. Except as expressly provided otherwise in the Agreement, PA gives you no warranty or representation of any kind relating to the Site or the Services or otherwise in relation to the Agreement and accepts no liability whatsoever (except for direct loss suffered by you to the extent arising from PA’s negligence or wilful default) arising directly or indirectly from the supply or non-supply of the Site or the Services or otherwise in relation to the Agreement.
12. PA will not be liable in any circumstances for any loss of profits, loss of revenue, loss of or damage to goodwill, loss of contracts, loss of customers or any indirect, special or consequential loss (even if you have been advised of the possibility of such loss).
13. PA’s liability arising from or in connection with the Agreement, howsoever arising (subject to paragraph 14) shall be limited to the annual charges you pay for the current subscription year.
14. Nothing in this Agreement shall limit either party’s liability: (a) for fraud, (b) for death or personal injury caused by either party’s negligence or that of its servants or agents, or (c) in relation to any other liability which cannot be excluded or limited by law.
15. Either party may terminate the Agreement, and thus the delivery to you of the Services, immediately by either party giving notice to the other if: (a) the other commits a material breach of a material term of the Agreement and such material breach is not remedied (if remediable) within 7 days of receipt of notice requiring remedy; or (b) any encumbrancer takes possession of, or a receiver is appointed over, any of the property or assets of the other party or the other party makes any voluntary arrangement with its creditors or convenes a meeting to consider proposals for a company voluntary arrangement and/or files any documents with the court for a moratorium pending the outcome of such a meeting or becomes subject to an administration order or goes into liquidation (except for the purposes of amalgamation or reconstruction not involving insolvency and in such manner that the entity resulting agrees to be bound by or assumes the obligations imposed on that other party under the Agreement) or anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other party or if the other party ceases or threatens to cease to carry on business.
16. Termination of the Agreement will be without prejudice to any rights or liabilities of either party which have accrued prior to such termination.
17. You acknowledge that all rights (including all intellectual property rights) used or embodied in the Site and/or the Services, including all software used on or forming part thereof, all content appearing on or made available to you via the Site or the Services - including editorial content, data, photographs, graphics, images, captions and any other text - and the manner in which the Site or the Services appears on delivery to you, is the property of PA or its licensors, and (b) the Services are provided on the basis that, if required, you will enter into appropriate copyright and/or other arrangements direct with such licensors, and such provision is, in any event, subject to any restrictions or prohibitions imposed by the owners of such information, whether directly or indirectly, either on PA in respect of its provision of such information to you or on you yourself. PA may terminate the Agreement if you challenge the validity of any of the rights of PA or its licensors as set out above.
18. PA (or its licensors) will, at its (or their) option, have the conduct of all proceedings relating to the intellectual property rights in the Site and the Services. You agree to give all reasonable co-operation in relation to protecting such intellectual property rights including taking any reasonable action in respect of such rights, and PA will pay your reasonable expenses in giving such co-operation.
19. Any details that you provide to PA from which PA can identify you will be held and processed in accordance with the Data Protection Act 1998. Further details are set out in the PA Privacy Policy accessible on the Site.
20. The Agreement constitutes the entire agreement between you and PA with respect to its subject matter and supersedes any and all previous agreements, promises, representations, warranties of any nature (save for a fraudulent pre-contractual misrepresentation) relating to its subject matter.
21. Neither party to the Agreement will be liable to the other for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond its reasonable control.
22. Any notice required to be given under the Agreement shall be in writing and shall be sent by first class or recorded postal delivery prepaid at the appropriate rate or by facsimile transmission provided always that a hard copy of any notice transmitted by facsimile is posted within 24 hours of such transmission in accordance with this paragraph. All notices shall be sent to the address of the relevant party set out on the subscription form you complete or such other address in the UK as the relevant party has notified to the other party in writing from time to time for this purpose.
23. PA may assign or transfer the Agreement or all or any of its rights and/or obligations hereunder to any PA Group company. You may not assign or sub-license the Agreement without the prior written consent of PA.
24. The failure or delay by either you or PA to enforce at any time any one or more of the terms or conditions of the Agreement shall not be a waiver of such terms or conditions or of the right of any party at any time subsequently to enforce all terms and conditions of the Agreement.
25. Both you and PA agree that for the purposes of Section 1(2) of the Contracts (Rights of Third Parties) Act 1999 no term of the Agreement shall be enforceable by a third party.
26. If any provision of the Agreement is held to be void or unenforceable in whole or in part, the Agreement shall continue in force in relation to the unaffected provisions and the remainder of the provision in question, and the parties will renegotiate the provision in good faith to achieve the same objects.
27. The Agreement shall be governed by and construed in accordance with English law and each of the parties hereby submits to the jurisdiction of the English courts.