TERMS AND CONDITIONS OF MEMBERSHIP
“Application for Membership Form”: means the application for membership form to be completed and submitted to BatFast Cricket Centers Ltd in order to become a Member of BatFast.
“BatFast”means BatFast Cricket Centers Ltd with correspondence address of Unit 14 Bloomsgrove Industrial Estate, Bloomsgrove Road, Nottingham, NG7 3JG..
“Bookings” means the booking of the simulator time, as per our website.
“Booking Fee” means the fee charged to Members, guests of Members that are attending with a Member and non-members.
“Contract Term” means a period of twelve months and which is renewable on a yearly basis until the agreement is terminated by either party in accordance with these terms.
“Member” means the person who is named on the Application for Membership form and for whom, following acceptance by BatFast, BatFast has agreed to provide services to, in accordance with these terms.
“Members Page”means the page on BatFast’s Website that details the name, contact details, and information from play within our simulator..
“Membership” means the period of time when a Member is contracted to BatFast.
“Membership Fee” means the payment made by the Member to BatFast to cover membership costs for the Contract Term.
“Membership Term” means a period of 12 months.
“Terms and Conditions”: means the terms and conditions of Membership set out below.
“Website”: means BatFast’s website https://www.batfast.com
Agreement to these Terms
When applying for Membership of BatFast, the Member confirms that it has read and agrees to be bound by these Terms and Conditions. Upon membership being accepted by BatFast, the Member will be provided with its own copy of the Terms and Conditions and they should be retained for future reference.
Contract Term and Payments
3.1 Membership of BatFast is for an initial Contract Term of 12 months and is subject to payment of the Membership Fee each year.
3.2 Following the expiry of the initial Contract Term and any subsequent Contract Term, the Member must renew their Membership paying the Membership Fee for the next Contact Term otherwise Membership is terminated in accordance with these Terms and Conditions.
3.3 Members shall pay the Booking Fee to attend Bookings. Guests attending with Members shall pay the same Booking Fee whilst non-members will be charged the Booking Fee plus an additional charge. A Booking Fee shall not be refunded if a Member or non-member is unable to attend the Booking following the expiry of the Booking deadline date.
3.4 All charges quoted to the Member for the provision of Bookings are inclusive of VAT.
Warranties and Liability
4.1 BatFast shall not be liable to the Member or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of BatFast’s obligations in relation to the Booking, if the delay or failure is due to any cause beyond BatFast’s reasonable control, and time shall not be of the essence. In respect of an event cancelled by BatFast for any reason whatsoever, liability shall be limited to refunding the Booking Fee.
Termination of Membership
5.1 The Member may terminate the Membership by giving written notice to BatFast. If notice is given during the Contract Term, the Member will not be refunded the Membership Fee for the Contract Term.
5.2 Either party may at any time terminate the Membership by immediate written notice if the other commits any material breach of these Terms and Conditions or goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
5.3 Upon termination of the Membership for whatever reason all sums owed by the Member to BatFast shall become due and payable by the Member with immediate effect.
6.1 Membership allows all a Member’s personnel to access certain areas of the Website. If a Member decides to cancel their Membership, access will stop.
6.2 If you enter your details in any enquiry form or contact form you are giving your express permission for your details to be added to our data base for contact and marketing purposes. Your details maybe provided to a third party, see Clause 6.4 below.
6.3 BatFast understands that email marketing is a useful tool, however, Members are politely asked to keep email marketing to other Members to a minimum and to include an ‘opt-out’ facility on every email. BatFast reserves the right to suspend the Member’s access to the Website in the event of complaints from other Members, and such complaints would constitute a breach of these Terms and Conditions.
6.4 Members and attendees at an Event acknowledge and accept that BatFast reserves the right to publish email contact details of the attendees at each Event. The contact details may be provided to other attendees, the speaker, the venue, nominated charities or other worthy causes (as determined by BatFast from time to time). If you would prefer that your contact details are not published, please let us know by contacting us at email@example.com
6.5 As a Member of BatFast, the Member agrees to conduct themselves in a professional and business-like manner, treating other members and the team with respect at all times. If BatFast should receive a complaint about any Member’s behaviour, it reserves the right to suspend Membership. Such complaints would constitute a breach of these Terms and Conditions.
6.6 Membership of BatFast is at the sole discretion of BatFast and it reserves the right to refuse Membership.
6.8 Wavier. No failure or delay by either party in exercising any of its rights under these Terms and Conditions shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these Terms and Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
6.9.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by below.
6.9.2 Each party may disclose the other party’s confidential information:
(a) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under these Terms and Conditions. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
6.9.3 Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under these Terms and Conditions.
6.10 Notices. Any notice to BatFast is to be sent in writing to Unit 14 Bloomsgrove Industrial Estate, Bloomsgrove Road, Nottingham, NG7 3JG or by email to firstname.lastname@example.org. Notices to the Member will be sent to the address on the application form, unless BatFast is otherwise informed in writing. The provisions of this clause shall not apply to the service of any proceedings or documents in any legal action.
6.11 Severance. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
6.12 Entire agreement. These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
6.12.1 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.
6.13 Variation. No variation of Membership shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
6.14 Force majeure. Neither party shall be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions if such delay or failure result from Bookings, circumstances or causes beyond its reasonable control.
6.15 Third parties. No one other than a party to these Terms and Conditions shall have any right to enforce any of its terms.
6.16 Governing law. These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
6.17 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.