Sports Guardian Website and AppTerms and Conditions
This website and the associated apps and websites (together “Sports Guardian”) are owned and operated by The ID Band Company Limited. Throughout the site, the terms “we”, “us” and “our” refer to The ID Band Company Limited. The ID Band Company Limited offers Sports Guardian, including all information, tools and services available from Sports Guardian to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.Important: the Sports Guardian apps and websites require an internet connection or 4G or stronger mobile data connection for scanning, data upload and data download functionality.
By visiting our site and/or purchasing something from us and/or registering an account in an associated app and/or purchasing a subscription from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of Sports Guardian.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of Sports Guardian, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Before you place an order or register an account, if you have any questions relating to these terms and conditions, please contact our Customer Service Representatives by e-mail to sales@sportsguardian.com or by phone on 0800 999 3669.
Any new features or tools which are added to Sports Guardian shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website and/or notifying you in the app. It is your responsibility to check this page periodically for changes. Your continued use of or access to Sports Guardian following the posting of any changes constitutes acceptance of those changes.
Definitions
"Conditions" means these terms and conditions and the Special Conditions;
"Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer;
“Organisation” means any club, charity, event, organisation or venue which has created a Sports Guardian account to use the Service;
"Product" means any Sports Guardian own brand, affiliate or partner engraved identification product for sale on the Website;
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided;
“Service” means the services set out in the Product Description and provided through Sports Guardian;
"User" means any user of Sports Guardian;
"Personal Information" means the details provided by you on registration and any information input by you into the Sports Guardian app;
“Staff User” means any person who accesses Sports Guardian as a member of staff or representative of any club, charity, event, organisation or venue which has created a Sports Guardian account to use the Service;
“Terms of Service” and “Terms” means these terms and conditions of service;
"We/us" means The ID Band Company Limited;
"Website" means the website located at www.sportsguardian.com or any alternative or subsequent URLs which we may use;
"United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and
"You" means a user of Sports Guardian.
Overview of Sports Guardian and Disclosure of Your Information
A principal purpose of Sports Guardian is to provide information about you to venue, organisation and event registered Sports Guardian users and to the general public, first responders, health care personnel, and related others in the event of an emergency. By purchasing a Product or using the Service, you authorise Sports Guardian to grant access to the Personal Information stored by you in the Sports Guardian Services to such Sports Guardian users and to anyone scanning the QR code on the Product provided that the QR code on the Product is in a checked in or manually unlocked/active state.
SECTION 1 - TERMS AND CONTRACT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use Sports Guardian. If you are purchasing a Product or accessing or using any part of the Sports Guardian platform on behalf of any individual or entity, including as the caregiver of a User, you represent and warrant that you are authorized (a) to accept these terms on behalf of the individual or entity and (b) to bind such individual or entity to these Terms and Conditions and to accept the Privacy Policy on their behalf.
You may not use our products or services for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website or in the apps through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 4 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You warrant that the Personal Information which you are required to provide when you are checking out your items is true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We will not share your information with any other companies except where it is required to fulfil your order or provide the Services or, if you have consented to receive product newsletter emails from us, in order for ourselves or a third-party marketing agency to use your name and email address for the sole purpose of sending our emails.
SECTION 5 - OPTIONAL TOOLS
We may also, in the future, offer new services and/or features through Sports Guardian (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 6 - PERSONAL INFORMATION
Your submission of personal information through Sports Guardian is governed by our Privacy Policy which forms part of these Terms of Service.
You understand that the personal and medical information you provide in the Sports Guardian app can be critical in the event of an emergency. You agree that the personal, medical and emergency contact information you provide in the Sports Guardian app will at all times be a complete and accurate record of the information you wish to be disclosed to a Sports Guardian venue, event or organisation user in the event of an emergency. You acknowledge that any Sports Guardian venue, event or organisation user, member of the public or other first responder to which the Personal Information is disclosed is entitled to rely on such Personal Information.
Sports Guardian disclaims any liability for the accuracy or completeness of any User’s profile, information or emergency contacts input into the Sports Guardian app.
When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our Website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our Website ("User Information"). We may collect this information even if you do not register with us.
We will store your email address when entered during the checkout process. In the event that you do not complete your order we may send an email asking if you would like to continue with your order. By entering your email address during the checkout process we deem this to be consent to do this.
We hold your information in order to be able to process and fulfil your order and to provide the Service.
You should be aware that this Website is being monitored and may capture information about your visit that will help us improve the quality of our service.
SECTION 7: REMARKETING
We may, at our discretion make use of 'remarketing' tools from Google. This service uses cookies to show you relevant advertisements based on the pages you have visited on our website, across the Google display network. You can opt out of the Google display network ads by visiting the Google Ads Preferences Manager. You can access this by visiting: https://www.google.com/settings/ads/onweb/.
SECTION 8: PURCHASE OF PRODUCTS
Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
As each band you order is specifically personalised to your requirements, we are unable to accept returns for any item unless the item is faulty.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from The ID Band Company.
As your product is shipped from our warehouse, we will send you a dispatch confirmation email.
Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order as detailed below.
Non-acceptance of an order may be a result of one of the following:
1. The product you ordered being unavailable from stock.
2. Our inability to obtain authorisation for your payment.
3. The identification of a pricing or product description error.
4. You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in English.
The details of your specific contract will not be filed by The ID Band Company. If you do require any information regarding orders you have placed with The ID Band Company, please email us at sales@sportsguardian.com.
SECTION 9: DELIVERY POLICY
We deliver all orders via second class post within the UK and airmail for all other countries via Royal Mail unless you requested express delivery with our international courier service. We cannot accept responsibility for any delays caused by disruptions, strikes or other problems with Royal Mail's network or with any other postal service which form part of the delivery chain.
We endeavour to dispatch orders within 1-3 working days, starting the day after you place your order unless otherwise stated in the product detail page for the item you are buying. If we are unable to dispatch your order within this timescale, we will contact you via email to explain the delay and to advise when we expect to be able to dispatch your order. Very occasionally we may be out of stock for a specific item while more items are manufactured / delivered. This sometimes happens during periods of exceptional demand. If we are not able to dispatch your order within 5 working days starting the day after we receive your order (and if the product detail page does not state a longer dispatch time), we will email you with the estimated delivery date for your goods. If this happens, we will do our utmost to get your order to you within 10 working days. International orders can take up to 20 working days starting from the date of dispatch unless Express Delivery is selected.
SECTION 10: APP SUBSCRIPTIONS
The Sports Guardian service is available at different subscription levels. The different subscription levels offer Users differing access to Service features. You will need to register for a Sports Guardian account in order to take out a subscription and download the app. You can access the app through the following mobile browsers when connected to the internet:
Android 5 and newer
iOS 10 and newer
Google Chrome (latest stable version)
Firefox (latest stable version)
Safari (latest stable version)
Your subscription is personal to you and non-transferable.
Your order for an app subscription upgrade is an offer to purchase a subscription from us which, if accepted by email, will then constitute a binding contract. Nothing that we do or say will amount to any acceptance of that offer until we send you confirmation of your order by email.
We will not be responsible for any failure by you to receive such confirmation which results from your failure to supply us with correct contact details.
Once your app subscription order has been accepted, your subscription will continue and renew automatically on an annual basis until it is ended by you in accordance with the terms set out under Cancellation below.
We may also cancel your subscription in accordance with the terms set out under Cancellation below.
You will continue to be charged the applicable annual fee each time your app subscription renews.
Upgrade policy
You can upgrade your subscription level at any time by selecting the upgrade option in the app.
Any change in subscription level within the same term (that is, if you change from one annual subscription level to another annual subscription level) where you are moving up subscription levels with higher subscription fees is considered an upgrade.
Upgrades happen as soon as we send you an email confirming acceptance of your upgrade request. This includes access to any new features.
When you upgrade your subscription level, the date you are invoiced is changed to the date the upgrade occurred. If you upgrade in the middle of your term, any remaining time on your current term is prorated and applied as a credit to your new subscription level, so you'll pay only the difference. The prorated amount is calculated based on the number of days that have elapsed on your current subscription divided by the total number of days in your original subscription term.
Downgrade Policy
A downgrade is any change in subscription to move down a subscription level with lower subscription fees, such as Silver to bronze.
You will not be issued a refund if you decide to downgrade or cancel your subscription. All downgrades happen after the current annual subscription term ends.
To downgrade your subscription level, please email sales@sportsguardian.com
Changes to the app subscription levels
We reserve the right to change from time to time:
• the silver, gold and platinum app subscription level prices;
• the benefits and features of the app subscription levels; and/or
• the app (including its functionality).
If we change:
• the app subscription price, we will give you at least 30 days’ notice in advance. You will need to pay this new amount to continue receiving your app subscription. This change will take effect at the end of your current subscription term; and/or
• the benefits and features of the app subscription, we will give you at least 30 days’ notice in advance. This change will take effect at the end of the notice period.
If we change the app subscription price and/or benefits and features, we will give you this advance notice so that you can choose whether or not to cancel or change your app subscription.
If you are unhappy with the changes, you will need to cancel your app subscription, before the changes take effect. If you don’t do so, you will only be able to cancel your app subscription in accordance with the terms set out under Cancellation below.
You will continue to receive your app subscription, until you cancel your subscription.
We may change the app from time to time to implement technical adjustments, updates and/or improvements, for example to address security threats or remedy bugs. These are changes that do not affect your use of the app and so we will not give you prior notice and you are not able to cancel your app subscription due to these changes. You might be asked to reinstall the app, accept updates or log out and log back into your Sports Guardian account.
We also reserve the right to suspend the App and the App subscription at any time. See Suspension of the Live App below for more information.
We reserve the right to introduce temporary offers and discounts from time to time, to enable users to enjoy an app subscription for a reduced cost or without charge. These promotional offers will be subject to their own terms, which will be published together with the relevant offer, and subject to availability. We reserve the right to offer and withdraw promotional offers at any time and in no way guarantee that a promotional offer will be available at any particular time.
If you choose to take out an app subscription as part of a promotion or discount, you will need to comply with the offer terms and will be charged the reduced price during the offer period. At the end of the offer period, your subscription will automatically continue on a rolling monthly or annual basis at the full subscription price.
Cancellation
You can cancel your app subscription at any point by cancelling before your next annual payment date.
The cancellation will take effect at the end of your current annual billing period. You will not receive your app subscription after this time and any Sports Guardian products registered to you in the app will be permanently deactivated. You will not receive any refund for cancelling your subscription.
If you do not cancel before your next payment date, your app subscription will automatically renew for another year and you will need to cancel before the next payment date.
We may cancel your app subscription immediately if you breach any of your main obligations under these terms and conditions, including if we do not receive a payment when due from you. We will make reasonable efforts to contact you before your app subscription is cancelled in this way. If we cancel for this reason, you are not entitled to a refund.
Suspension of the live app
We may need to suspend the supply of the App and your App subscription at any particular time:
• to deal with technical, legal, regulatory or security issues; and/or
• due to circumstances beyond our reasonable control.
We will try to let you know in advance if we are suspending supply but this may not always be possible, for example if we need to suspend urgently or due to an emergency. Where we suspend supply, we will work hard to try and minimise the period of unavailability.
We will not be liable to you for any loss due to your loss of access if we suspend the supply of the app and your app subscription.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using Sports Guardian or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – ORGANISATIONS AND STAFF USERS
The Organisation agrees that by posting, uploading, inputting, providing or submitting data or information into the Sports Guardian System, it grants Sports Guardian and its affiliated companies the right to use any such data or information including, without limitation, the right to copy, distribute, transmit, display, reproduce, edit, translate and reformat the Organisation’s data within the Sports Guardian System and to publish the Organisation’s name in connection with its use of the Sports Guardian System.
We will list the Organisation within the directory of Sports Guardian organisations and venues published in the Sports Guardian Service. This directory can be accessed by all Sports Guardian Users.
The Organisation’s customers and visitors will receive communications from Sports Guardian including account reminders and updates. The Organisation’s customers and visitors will also receive marketing emails from Sports Guardian where they have given consent. If the Organisation wishes to use Users’ data for marketing purposes, it must ensure that it has obtained the necessary consents under current and future legislation.
The Organisation warrants that it will ensure that its employees, officers, representatives, sub-contractors or advisers will adhere to and comply with Sports Guardian’s Privacy Policy as may be varied from time to time.
The information and data accessed by the Organisation and its Staff Users in Sports Guardian is provided by individual Sports Guardian Users. We cannot guarantee that the information and data collected is correct, current or up-to-date, or suitable for every situation as it relies on input by Users over which we have no control.
SECTION 14 - LIMITATION OF LIABILITY
Although we make reasonable efforts to provide, maintain and update Sports Guardian, it is provided "as is" and, to the extent permitted by law, we make no representations, warranties or guarantees, whether express or implied (including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose), that Sports Guardian or any particular services you access through Sports Guardian (a) are accurate, complete or up-to-date; (b) will meet your particular requirements or needs; or (c) will always be available, error free, uninterrupted or free of viruses.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service relies on third party services (such as mobile telecommunications networks, internet, global positioning and similar navigation systems and third-party servers) over which we have no control. While we will use our best endeavours to ensure that the Service is available, we cannot accept any responsibility for any error or failure by a third-party service.
We cannot accept any responsibility should a Product not be found and/or the information printed on, inserted into or accessible via the Product or Service is not acted upon. Wearing or carrying any Product purchased from us, does not guarantee that it will be located by the emergency services or other third party.
We are not responsible for external links to or from Sports Guardian and cannot guarantee these will always work.
Nothing in these terms excludes or limits our liability for:
• death or personal injury arising from our negligence;
• fraud or fraudulent misrepresentation;
• any loss or damage to a device or digital content belonging to you, if you can show that a) this was caused by us and b) we failed use to use reasonable skill and care to prevent this; or
• any other liability that cannot be excluded or limited under English law.
We will not be liable or responsible to you or any person you use Sports Guardian on behalf of for:
• any harm, loss or damage suffered where this is not caused by i) our negligence; or ii) our breach of these terms
• any loss or damage arising from an inability to access and/or use Sports Guardian in whole or in part
• any business loss (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure)
• any indirect or consequential losses that were not foreseeable to both you and us when you commenced using Sports Guardian (loss or damage is "foreseeable" if it was an obvious consequence of our breach or if it was recognised by you and us at the time we entered into the contract created by your use of Sports Guardian).
This does not affect any legal rights you may have as a consumer in relation to defective services or software. Advice about your legal rights is available from your local Citizen's Advice or Trading Standards Office.
SECTION 15 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using Sports Guardian.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
We reserve the right to terminate the Services, close you Sports Guardian account and archive or delete your personal information in the event that your Sports Guardian account is inactive for two years or more.
SECTION 16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with a Service shall be governed by and construed in accordance with the laws of the United Kingdom.
SECTION 18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@sportsguardian.com.
Sports Guardian is a trading name of The ID Band Company Limited. Our postal address is:
The ID Band Company Limited
Unit 9 Oak Drive
Lionheart Enterprise Park
Alnwick
NE66 2EU
United Kingdom
We can also be contacted by phone on 0800 999 3669.
The ID Band Company Limited is registered as a company in England. Company Registration Number: 7339431. VAT Registration Number: 101 8940 37.