TERMS AND CONDITIONS

 

Live Borders Website Terms & Conditions

Liability
We make every effort to ensure the information contained within this website is accurate and up to date. We cannot accept any liability for any inaccuracies or omissions that may occur (unless intentionally fraudulent misrepresentation) or for any action or decisions you may make based on the information provided. TriFitness cannot be held liable for any direct or indirect loss or damage that may arise from the use of this website and the information contained in it.

Ownership of Copyright
The content of this website is owned by TriFitness unless otherwise stated. Downloadable documents and some imagery is the property of their respective owners. All rights reserved. You are responsible for obeying all copyright laws. You may make copies of this website and print it for personal use only. All other use is strictly prohibited. Please contact us if you wish to link to any page of this website.

Ownership of Trademarks
Any trademark displayed is the property of its respective owners.

TriFitness are not responsible for the content of any other website that you may link to from this website, or any website that may link to the Live Borders website unless specifically indicated. We do not accept any liability in connection with any such sites or links. Any third party links are provided in good faith because we believe these websites contain relevant information or complimentary services. Live Borders cannot be held liable for any information contained on such websites.

Governing Law
These terms and conditions and use of this website will be governed in accordance with the laws of Scotland. The Scottish courts shall have exclusive jurisdiction over any dispute arising out of your use of this website.

Competition Terms & Conditions
From time to time, TriFitness may offer competitions across digital and offline channels. The below terms and conditions will apply unless explicitly stated otherwise.

1. These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Rules ("Rules") and apply to competitions ("Competition") featuring in any communications deployed by TriFitness unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Rules.

2.  Rules specific to each Competition are displayed in a notice on the page for such Competition ("Competition Notice") or in a notice in which the Competition appeared and are incorporated into the Rules. In the event of discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.

3. Live Borders reserves the right to cancel or amend the Competition or the Rules without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside TriFitness' reasonable control. Any changes will be posted either within these terms and conditions or the Competition Notice.

4. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into.

Qualifying Entrants

5. To qualify to enter any Competition you must be resident in the United Kingdom, Republic of Ireland and/or the Isle of Man. The address you provide with your competition entry ("Entry") may be used to send any prizes so please make sure this is correct.

6. Employees of TriFitness or any associated company of TriFitness and their immediate families, persons connected with the competition/prize draw and their immediate families i.e. prize sponsors, wholesalers & their agents are not eligible to enter the Competition.

7. Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver's licence will be required if the Competition prize includes travel outside the United Kingdom and/or car hire.

8. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. TriFitness reserves the right to verify the eligibility of all entrants.

9. TriFitness assumes that by reading our content or by using the website and entering the Competition (and you warrant that) you are aged 18 or over or, if you are under 18, that your parents have consented to your entry into the Competition and these Rules.

10. TriFitness reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules.

11. In the event that any entrant is disqualified from the Competition, TriFitness in its sole discretion may decide whether a replacement should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.

Competition Entries

12. Only one entry per person per Competition is allowed (except where the Competition Notice states that more than one entry can be submitted) and any entrant who enters more than the permitted maximum will be disqualified. Unless otherwise indicated photocopies of entry evidence are not accepted. Where a winner has been selected and TriFitness discovers or has reasonable grounds to believe the winner has made more than one Entry, TriFitness reserves the right to select an alternative winner. Any further winner will be selected on the same criteria as the original winner and will be subject to these Rules.

13. Competition entries must be made in the manner and by the closing date specified in the Competition Notice. Failure to do so will disqualify the entry.

14. Only one entry per person will be accepted unless otherwise stated. If it becomes apparent that a participant is using a computer(s) to circumvent this term by, for example, the use of 'brute force', 'script' or any other automated means, that person/those e-mail addresses will be disqualified and any prize award will be void.

15. There is no purchase requirement to enter an online Competition. There is no charge to register with the TriFitness website if registration is required as part of the entry process.

16. Proof of posting or emailing cannot be accepted as proof of delivery. TriFitness cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to Entries, or Entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.

17. Entrants should note that unless stated otherwise, TriFitness does not accept responsibility for the return of any Entries, including those consisting of artistic or other material.

Prizes

18. Prize winners will be chosen at random, unless specified otherwise in the Competition Notice, from all qualifying Entries within 28 days of the closing date specified in the Competition Notice. In all matters, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into.

19. Prize winners will be notified in the manner and within the time specified in the Competition Notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded. Competition winner(s)’ names may be published on the TriFitness social media channels and/ or website.

20. Claims for prizes must be made in the manner and within the time specified in the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.

21. Prizes are non–transferable and there is no cash alternative. TriFitness reserves the right to substitute prizes of equal or greater value at any time.

22. Prizes are awarded at the discretion of TriFitness and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.

23. Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. TriFitness reserves the right to request written proof of age of any winner.

24. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.

Intellectual Property Rights & Use of Entries

25. TriFitness does not, unless we agree this with you, claim any rights of ownership in your Entry. As such, you retain ownership and copyright, although TriFitness will be able to use Entries as set out in the Rules, you will also have the right to use your Entry in any way you choose. Where any Entry is to be used in a different way (e.g. we are asking to own this) this will be made clear in the Competition Notice and you will then be able to choose whether to enter the Competition.

26. In consideration of TriFitness agreeing to consider entrants to the Competition, each entrant hereby agrees that TriFitness (and third parties authorised by TriFitness) may make any and all Entries available in their publications and on their websites and any other media, whether now known or invented in the future. You now grant TriFitness (and third parties authorised by TriFitness) a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the Entry) to use, display, publish, transmit, copy, make derivative works from, edit, alter, store, re-format, sell and sub-licence the Entry for such purposes.

27. TriFitness does not guarantee to use or otherwise make available any Entry. TriFitness may, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to Entries that appear to be legally or otherwise problematic e.g. infringe the copyright or other intellectual property or privacy rights of others, are defamatory etc. or for any other reason.

28. Your entry and any information submitted by you must be personal to and relate specifically to you. You hereby warrant that your Entry and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libelous, defamatory, obscene, indecent, harassing or threatening. If relevant, TriFitness reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.

Liability

29. TriFitness cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of accepting any prize. TriFitness is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation in the Competition. Nothing shall exclude TriFitness’s liability for death or personal injury as a result of its negligence.

Data Protection and Publicity

30. Winners may be requested to take part in promotional activity and TriFitness reserves the right to use the names and addresses of winners in any publicity both in print and online.

31. Any personal data relating to entrants will not be disclosed to a third party without the individual’s consent. Data relating to entrants will be retained by TriFitness for a reasonable period after the Competition closes to assist TriFitness to operate competitions in a consistent manner and to deal with any queries on the Competition.

Jurisdiction

32. The Competition and Rules will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England. Where the site and/or the Interactive Services are accessed from Scotland or Northern Ireland, this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.

Last updated: November 2017