Terms of Use

For any further clarification of our Terms and Conditions, please write to us at hello@realsnowboarding.co.uk   

www.realsnowboarding.co.uk (hereinafter referred to as the Website”, “We”, “Us”, or “Our”) is owned and operated by Real Snowsports Ltd (hereinafter referred to as the Company”), with its office located at Newcastle, United Kingdom. The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).

www.realsnowboarding.co.uk is an online Website via which customers (hereinafter referred as User/ Users”, You/ Your”) can enquire and book snowboard lessons and camps and purchase merchandise listed on the website (hereinafter referred to as the Services”).

By using the Website, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Website and Services and all Collective Content, and constitute a binding legal agreement between you and us. Please read carefully these Terms and our Privacy Policy, which may be found at www.realsnowboarding.co.uk/privacy-policy and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website. Failure to use the Website in accordance with these Terms may subject you to civil and criminal penalties. We have no control over the conduct of users of the Website and services, and disclaim all liability in this regard.

The use of this Website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the “Terms”). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the “Terms of Use” link that appears at the bottom of the Website.

This Website reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Website fraudulently. This Website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.

PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

IN USING THIS WEBSITE, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US.

1.DEFINITIONS:

1.1″Agreement” means the terms and conditions as detailed herein including all Exhibits, privacy policy, other policies mentioned on the Website and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

1.2“Instructor” means the Instructor who takes the snowboard lessons.

1.3 “Lesson” refers to snowboarding lessons for which the user books through the website;

1.4 “Product/Merchandise” refers to the clothing and other item that are made available through the website for sale.

1.5 “User/ You/ Your” shall mean users who use or services.

2. ELIGIBILITY:

2.1 You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, national laws, rules and regulations.

2.2 Any use or access to the Service by anyone under 18 is allowed only under the supervision of the parent or guardian.

2.3 The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorisation to re-use the Service.

2.4 Except where additional terms and conditions are provided which are services specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our website you agree to be bound by the Terms and Conditions.

3. SERVICES:

3.1 Our website provides an online platform wherein the users can book for the snowboarding lessons and purchase the merchandise listed on the website.

3.2 The booking for the lesson can be done by filling up the form available under the ‘Contact Us” link. Once you submit the filled up form, one of our representative will contact you to discuss the details of the service.

3.3 In order to purchase the merchandise the user will have to click on the buy option, fill up the details and make payment for the same through the methods available on the website. The user can also put its items to be purchased in the cart and continue shopping.

3.4  For lesson bookings made prior to midnight on November 30th, 2020 a 100% refund will be given for all lesson bookings (see section 10.3 for cancelation policies).

3.5 Confirmation of the booking shall only be confirmed once the payments are made in full.  Please see section 10 for cancelation policies.

3.6 The User also needs to buy travel insurance at the time of making a booking for lessons.

3.7 The Group Lessons will run with a minimum of three snowboarders. If there are less than 3 snowboarders, then the lessons will run for one less day.

3.8 All our instructors are qualified to the highest possible level within the British system (BASI) (ISTD Snowboard level 4) and hold a French Moniteur Carte Professional and are ISIA snowboard qualified.

4. PAYMENTS

4.1 The Users shall make the payments for the merchandise, to us, via method available on the website. The payments need to be made in advance.

4.2 For the payment of snowboarding lessons, the user can do so by clicking on the link mentioned on the invoice which gives an option to pay through bank transfers and using debit cards and credit cards.

4.3 The Company in its sole discretion reserve the right to increase or decrease the fees, prices for the merchandise.

4.4 Our Website uses third party payment providers to receive payments from Users on Interpreter’s behalf. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues.

4.5 We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. We reserve the right to change or replace the payment gateway on our sole discretion without any reservation whatsoever. We do not store your bank information with us and everything is completed through secure third-party payment gateways and at no point of time we assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. You agree that you will hold us harmless against any such dispute or legal claim.

4.6 The Users acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.

5. FRAUDULENT/DECLINED TRANSACTIONS:

5.1 Our Website reserves the right to recover the cost of services, collection charges and lawyers’ fees from persons using the Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website and any other unlawful act or acts or omissions in breach of these terms and conditions.

5.2 We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorisation for any Transactions, on Account of the Cardholder having exceeded the present limit mutually agreed by us with our acquiring bank from time to time.

6. ACCESS TO THE SERVICE:

6.1 Our Website grants you a non-transferable, non-exclusive, license to use the Services solely for (a) your personal, noncommercial or (b) your commercial use in accordance with the applicable restrictions outlined if you have subscribed to the Services as a commercial user. If at any time our Website reasonably believes in its sole discretion that you are using the Service beyond this scope, we may terminate your access to the Service with no additional liability to you. The rights granted to you in these Terms are subject to the following restrictions:

6.1.a you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;

6.1.b you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services;

6.1.c you shall not access the Services in order to build a similar or competitive service; and

6.1.d except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Website or Services shall be subject to the terms of this Agreement.

6.2 Your license to use our Website is automatically revoked if you violate these Terms. We hereby reserve all rights not expressly granted in these Terms.

6.3 While using our Website, you agree not to:

6.3.a Defame, abuse, harass, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;

6.3.b Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;

6.3.c Restrict or inhibit any other user from using our Website, including, without limitation, by means of “hacking” or defacing any portion our Website;

6.3.d Violate any applicable laws or regulations;

6.3.e Upload to, submit to, transmit through, or display on our Website (a) any material that is unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);

6.3.f Engage in spamming;

6.3.g Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;

6.3.h Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Website; and

6.3.i Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Website.

6.4 If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Website.

7. ACKNOWLEDGEMENTS/REPRESENTATIONS AND WARRANTIES BY USERS:

7.1 Before placing an order, users are advised to check the product description carefully. By placing an order for a product, buyer/customers agree to be bound by the conditions of sale included in the product’s description/listing.

7.2 Charges displayed on the site include only the cost of the product. Service fee for payment, facilitation fee and shipping charges will be levied/charged extra as applicable and will be added in the total when the final purchase is made.

7.3 Prices and availability of products are subject to change, without prior notice to users Buyers/Customers, at our sole discretion.

7.4 Our website reserves the right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such user and/or disqualify that user from using our website. Any person who knowingly and with an intention to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

7.5 The Website is only a venue through which Users can reach a larger base to buy products/items. All products are offered only for a restricted time and only for the available supply.

7.6 You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before making any purchases through the Website. We shall neither be liable nor be responsible for any actions or inactions of manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.

7.7 Our website strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorised credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Wilfully entering erroneous or fictitious bids may result in prosecution by us.

7.8 All purchases on the Website are a firm commitment to purchase. If you are the buyer/purchaser for any product/item, you are obligated to complete the transaction with us. By purchasing an item you agree to be bound by the conditions of sale included in the item’s description on our website.

7.9 The user acknowledges that the Instructor shall wait at the spot of training only for 10 minutes from the scheduled time unless informed by the user/client.

7.10 The group lesson will be conducted for a lesser one day in case the group lesson does not have three candidates. However the fees shall remain the same.

7.11. The parents/guardians or appropriate adults should introduce themselves to the Instructor and will ensure that they are on time to pick up their children after the lesson. It is advised to be early by 15 minutes so as to avoid any delay.

7.12. If you have booked for a camp through us then please be advised that we only provide for accommodation, conduct activities. We are in no case liable for any damages made by you to the equipment, accommodation place, loss of ski pass. The ski-passes are available only for people on the camp and we do not provide any passes for other lessons.

8. PROHIBITED CONTENT:

8.1 You agree not to:

a. Record, transmit, submit, upload or otherwise make available any Content in the form of information on admission forms, feedbacks, chats etc. that is unlawful, harmful, threatening, abusive, harassing, lewd, tortious, defamatory, vulgar, obscene, libellous, invasive of anothers privacy, hateful, or racially, ethnically, or otherwise objectionable;

b. Harm minors in any way; and post anything that is biased or irrelevant;

c. Impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any of our messages or Content transmitted through our Website;

e. Record, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement);

f. Record, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (Rights”) of any party;

g. Record, transmit, or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

h. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;

i. Intentionally or unintentionally violate any applicable local, state, national law and any regulations having the force of law;

j. “Stalk” or otherwise harass another;

k. Collect or store personal data about any other members or users;

l. publicly (feedbacks/comments) post information that poses or creates a privacy or security risk to any person (including, for example, by publicly posting any person’s contact information on our Services without authorisation) or publicly post any review etc. with an intention to extract money from any business.

8.2 You acknowledge that while we do not, in the ordinary course, access, review, or pre-screen Content, we have the right (but not the obligation), in our sole discretion, to access, review, pre-screen, refuse, or remove any Content that is available via our Website. Without limiting the foregoing, we have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. We also reserve the right to access, preserve, and disclose any Content or information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including, but not limited to, investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to member or user support requests, or (e) protect the rights, property, or safety of our Website, its members, users, and the public.

9. COLOURS AND PRODUCT DESCRIPTION

9.1 We have made every effort to display as accurately as possible the colours of our products that appear on our website. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

9.2 All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been incorrectly published, including prices and promotions.

9.3 Our website attempts to be as accurate as possible. However, our website does not warrant that product descriptions or other content of the site are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, please contact our customer service department at our website.

10. CANCELLATION, REFUND, RETURN AND DELIVERY

10.1 If the user wishes to cancel a lesson, then it should be notified to us as soon as possible.  The following cancelation charges will apply;

Lesson cancellations:

Prior to midnight on November 30th, 2020 – 100% refund on snowboard lessons.

More than 6 weeks (42 days) prior to the first lesson – 100% of the booking amount refunded.

Between 6 weeks (42 days) and 2 weeks (14 days) to the first lesson – 50% of the booking total refunded.

Within 2 weeks (14 days) to the first lesson – 0% of the booking total will be refunded. 

If you fail to inform us about cancellation to the minimum 14 days prior to the scheduled lesson, then you shall not be refunded with any fees.

10.2 The cancellation will be confirmed via email.

10.3 If the user wishes to cancel a lesson due to an accepted Covid-19 restriction (see section 10.4), then they should inform REAL Snowboarding only within 7 days of their first snowboard lesson.  This booking will then be fully refunded minus a 20% administration fee.

10.4 Accepted Covid-19 cancelation reasons;

a) The Foreign & Commonwealth Office has advised against travel from your home country to France; or

b) your home countries government has introduced quarantine rules for travellers returning from France; or

c) the French government has introduced quarantine rules for travellers arriving in France from your home country; or

d) local lockdown rules implemented in Morzine deem the lessons unable to take place ie, Resort Closure.

10.5 All bookings for the ‘Early Season Winter Camp’ running from December 13th – 20th 2020 are subject to a full refund of the coaching and airport transfer. If the user is unable to attend the camp due to a Covid-19 restriction (see section 10.4). The Accommodation price is subject to a 50% cash refund and a 50% voucher refund (please see https://hideout-hostel.com/covid-19-information/)

10.6 If the Product delivered to you in faulty, you should write to us at hello@realsnowboarding.co.uk  and send pictures of the faulty product, we shall in best possible way assist you. If the Product can be replaced we shall provide you with replacement else refund the money.

10.7 The delivery of the products purchased by you shall be made on the location given by you at the time of placing the order.

11. COPYRIGHT AND TRADEMARK

11.1.Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of REAL Snowsports or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third-party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.

11.2.The REAL snowboarding names and logos and all related product and service and our slogans are the trademarks or service marks of REAL Snowsports Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorise anyone to use any name, logo or mark in any manner.

11.3.All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by copyright laws of United Kingdom. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of United Kingdom. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by Copyright laws of United Kingdom.

11.4.We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at hello@realsnowboarding.co.uk

12. OBJECTIONABLE MATERIAL:

12.1 You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, We and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

13. MODIFICATION OF TERMS & CONDITIONS OF SERVICES:

We may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of the User Agreement at any given time on our Website. You should regularly review the Terms & Conditions on our Website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Website.

14. LINKS TO THIRD PARTY WEBSITES:

Links to third party Websites on this Website are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third-party Websites and does not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party Websites linked to this Website, you do this entirely at your own risks.

15. TERMINATION:

15.1 We may, at any time and without notice, suspend, cancel, or terminate your right to use the Website (or any portion of the Website). In the event of suspension, cancellation, or termination, you are no longer authorised to access the part of the Website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.

15.2 Without limiting the foregoing, we may close, suspend or limit your access to our Website:

      • if we determine that you have breached, or are acting in breach of, this Agreement;
      • if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
      • if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
      • to manage any risk of loss to us, a User, or any other person; or
      • For other similar reasons.If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
      • 16. INDEMNIFICATION:
  1.  

You agree to defend, indemnify and hold harmless our Company/Website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our Website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

17. CLASS ACTIONS ARE BARRED:

You expressly agree that you will not bring any class action against us unless we agree to such proceedings against us. Unless both parties agree, the arbitrator shall not consolidate or join the proceedings against us or you as a class of users.

18. FOREIGN JURISDICTION:

The services of our Website are available globally. By agreeing to our policy, you warrant that it is completely legal to use our services and Website in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify us or sister companies, employees, agents or any related individual or organisation for any liability it might incur in a foreign jurisdiction.  Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so. We reserve the right to monitor the location from which you access the Website and to block access from any jurisdiction in which participation is illegal or restricted

19. LIMITATION OF LIABILITY:

19.1 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. WE SHALL ALSO NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF MEMBERS AND OTHER USERS OR THIRD PARTIES; (D) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (E) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

19.2 THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ANY OF THE WEBSITE ENTITIES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

19.3 IF ANY OF THE ABOVE LIMITATIONS DOES NOT APPLY TO YOU BECAUSE YOU ARE ACCESSING WEBSITE FROM A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW.

19.4 The Company and the website shall not be liable towards you for any injury that you may incur during snowboarding lessons which injuries include any injury incurred during either freestyle or off-piste lessons. You agree to access the services of the website at your own risk.

20. DISCLAIMER OF WARRANTIES:

    1. ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED WITH ALL FAULTS” AND ON AN AS IS” AND AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
    2. We make no warranty that the Website or Services will meet your requirements, or that the Website and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Website or Services, or that defects in the Website or Services will be corrected. You understand and agree that you will be solely responsible for any damage to your device or loss of data that results from the download of any material and/or Content. No advice or information, whether oral or written, obtained by you from us through the Website, Services or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.
    3. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer constitutes an essential part of this terms of use. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
      • Your use of or your inability to use our Website, Services and tools;
      • Delays or disruptions in our Website, Services, or tools;
      • Viruses or other malicious software obtained by accessing our Website, Services, or tools or any Website, Services, or tool linked to our Website, Services, or tools;
      • Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
      • The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
      • A suspension or other action taken with respect to your account; and
      • The duration or manner in which, as a User, you upload, download, store and share file/content.
    1. Our Website periodically schedules system downtime for the Websites for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Websites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Websites, any Internet service providers or otherwise.
    2. Neither website nor the Company shall be liable towards any disputes between users and the resort owners or with the instructors giving snowboarding lessons.21. SITE SECURITY:
      1. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail-bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
      2. We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us at hello@realsnowboarding.co.uk upon becoming aware of any unauthorised access, any illegal online activity or any other security breach pertaining to the Website, your Account or our Services and do everything under your control to mitigate the unauthorised access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password. 22. GOVERNING LAWS AND JURISDICTION:
        1. These Terms and any action related thereto will be governed by the laws of United Kingdom.
        2. Users agree to submit to the exclusive jurisdiction of the courts in the United Kingdom in relation to proceedings arising out of this agreement.23. DISPUTE RESOLUTION:
          1. DISPUTE BETWEEN WEBSITE AND USERS:

In case of any dispute with us in the most expedient and cost-effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

The venue for arbitration shall be Aberdeen, United Kingdom and the language used for arbitration shall be English. The award of the arbitration shall be binding on both, you and us.

24. PRIVACY:

All Personal Information and User Generated Content provided to or displayed on the Website and Services are subject to our Privacy Statement.

25. NOTICE

    1. By using the Website and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website and Services.
    2. You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
    3. Notice will be deemed received and properly served immediately when posted on the Website and Services, 24 hours after an email is sent. As proof of service, it is sufficient that:

(a) the email was sent to the specified email address.

26. NO INSURANCE:

You expressly agree that our Website does not offer any insurance or guarantee as to the claims, offers and services offered by the Interprets on our Website or the payment details of the Users.

27. NO WARRANTY AS TO THE IDENTITY OF THE USERS:

We take reasonable precautions and follow best industry practices to gather maximum possible accurate information about the identity of the Users or the Interpreters on our Website. However, we must inform you that it is highly difficult for us to verify each and every user or Interpreter. While we try our best, we EXPRESSLY state that we do not provide any warranty as to the real identity or all other personally identifiable information about the user or the Interpreter. We may display user or the Interpreter information. However, such information is based solely on data that the User or Interpreter submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

28. NO WARRANTY AS TO THE WEBSITE CONTENT:

The Website content hosted on the Website is subject to change as and when required without any prior notice. We do not expressly and impliedly regulate the information posted on our Website by third parties, interpreters or users. You agree that while some information posted on the Website by the third party users or interpreters may be offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled, the Website is not liable or associated with the same in any way.

You agree that the operation of the Website is a complex task and due to some human or accidental error we may put some content on the Website which may be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled. You agree that you will notify us to remove such content instead of taking any legal recourse.

29. NO WAIVER IMPLIED:

The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

30. SEVERABILITY:

Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.

31. ASSIGNMENT:

    1. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
    2. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each partys permitted successors and assigns.32. FORCE MAJEURE:

We shall be under no liability to you in respect of anything (which includes cancellation of services) that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:

(a) acts of god;

(b) natural disasters;

(c) sabotage;

(d) accident;

(e) riot;

(f) shortage of supplies, equipment, and materials;

(g) strikes and lockouts;

(h) civil unrest;

(i) Computer hacking; or

(j) malicious damage.

(k) pandemic

(l) Lift/Ski Station/Resort closure due to bad weather

33. ELECTRONIC COMMUNICATION:

    1. By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and/or start using our services.
    2. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Website, you give us permission to provide these records to you electronically instead of in paper form.
    3. By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
    4. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Website or by contacting Customer Support. 34.LEGAL COMPLIANCE
      1. In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful. 
      2. You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the Website are lawful. 35.ENTIRE AGREEMENT:

These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.

CONTACT US:

For any further clarification of our Terms and Conditions, please write to us at hello@realsnowboarding.co.uk   

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