Terms and Conditions — Swim the Distance | Virtual Swimming Challenges

TERMS AND
CONDITIONS

Effective from 12th October 2018

Service Availability

By using this site, including when entering any challenge, you agree to be bound by these terms and conditions. We reserve the right to update and/or amend these terms and conditions from time to time, so you are advised to check them regularly. In respect of any entry or order for the purchase of products, that order will be governed by the terms and conditions in place at the date of that order (subject to any subsequent amendments required by law).

Your Status

By placing an entry through our site, you warrant that you are legally capable of entering into a binding contract and you are at least 18 years of age. If you are under 18 and entering a Single or Group Challenge, your entry should be submitted by your parent or guardian.

Our Contract

The entry prices of our Challenges are clearly shown on each relevant page and are normally correct. However, we are only human and can make mistakes. We therefore reserve the right to cancel entry where the price shown is clearly erroneous.

Prices

On submission of your entry, you will receive an email from us confirming its receipt. Your entry will constitute an undertaking by you to us to complete the challenge and submit your evidence in the time frame agreed. We will confirm that your payment has been received and your reward will be despatched on the scheduled date once your evidence has been submitted and verified. If payment is not received or is reversed the entry will be cancelled. if you have problems paying for your entry please contact us: Email: contact@runchallenges.com and we will do what we can to assist.

Availability

Despite our best efforts to keep these pages as up-to-date as possible, your reward may change in appearance from those shown. These will only be cosmetic changes and the item you receive will always be of the same or higher quality.

No Warranty

This site is controlled and operated by us from our offices in the UK. We make no representation that material in the site is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. We use reasonable efforts to regularly update the site, but make no representation or warranty in respect of accuracy or lack of errors. We are human beings. Use of the site is at the risk of the user. We take no responsibility for direct, indirect or consequential loss from use of the site and all implied warranties are excluded to the extent permissible under UK law. We accept no liability for viruses infecting the user’s PC following its use of the audio, video, data or text on the site.

Our Liability

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the entry price of the challenge you entered. Without in any way limiting our liability for death and/or personal injury caused by our negligence or breach of duty, we will not be liable for any direct, in direct or consequential loss. Without limiting your statutory rights, we will not be held liable for any failure to fulfil our obligations hereunder caused by events beyond our reasonable control. No failure by us to enforce a right hereunder will be deemed a waiver of that right. Any condition or term herein deemed for any reason invalid or legally unenforceable will be deemed severable from these terms and conditions and will not affect the enforceability of the remaining terms and conditions.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations in connection with an order that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-­happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lock‐outs or other industrial action. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not ) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Impossibility of the use of public or private telecommunications networks. The acts, decrees, legislation, regulations or restrictions of any government. Our performance in regard to any entry is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

Miscellaneous

Written Communications

You agree that communications between you and us will be made by email or other electronic means, and you consent to receive all communications from us in an electronic format. By agreeing to these terms and conditions, you agree that you have elected to enter any agreement for the purchase of products electronically and to receive any required communications, notices or updates in an electronic format.

Assignment

You may not transfer or assign any of your rights under these terms and conditions. We may transfer or assign any of our rights or obligations at any time where we reasonably believe that your rights will not be affected.

Government Law

These terms and conditions and any orders made from the site are governed by UK law. Any dispute or conflict arising out of or in connection with these terms and conditions or an order from the site shall be subject to the exclusive jurisdiction of the UK courts.

Entire Agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any order and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

Promotional Codes

From time to time promotional codes may become available for entries on this site. When entering, please insert the relevant promotional code at the checkout to qualify for your discount. Run The Distance reserves the right to withdraw offers at any time. Promotional codes may not be used in conjunction with any other offer or merchandising promotions.

Intellectual Property

All material on this site is the copyright of Run The Distance Ltd. Reproduction of part or all of the contents in any form is prohibited. Licence to copy for personal use: You may read, view, print and download the material on these pages for your personal, non­‐commercial use only. Licence to recopy for limited purposes: You may recopy the material to individual third parties for their personal information only, but only if: you acknowledge the site as the source of the material. You must include such acknowledgement and the site address (www.runchallenges.com) in the copy of the material; and inform the third party that these conditions apply to him or her and that he/she must comply with them. This licence to re­copy does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation) no part of the site may be distributed or copied for any commercial purpose. No part of the site may be reproduced on or transmitted to or stored in any other web site or other form of electronic retrieval system.

Hypertext Links

Certain hypertext links in this site will lead you to sites which are not under our control. Links to third party websites on the site are provided solely for your convenience. When you activate any of these, you will leave the site. We accept no responsibility or liability for the contents of any third party site to which a hypertext link exists and gives no representation or warranty (express or implied) as to the information contained on such sites. We have no control over the nature and contents of such sites and do not endorse or make representations about those sites, the information they contain nor any third party’s products or services. If you decide to access any of the third party websites linked to the site, you do so entirely at your own risk. In particular, please note that by downloading computer programs from certain sites, you risk infringing copyright and may introduce computer viruses into your own system.

Cookie Policy

Our website uses cookies. By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy. All data is anonymous and necessary for us to give you a great service. Further detail can be found within our Privacy Policy.