By submitting an application to a Beyond Sport grant and/or capacity-building programme (“the Programme”), all applicants (“the Applicants”) agree with Beyond Sport Foundation (“the Organisers”) that they have read and understood, and are bound by, the following terms and conditions (“the Terms and Conditions”):
1. Applications to Beyond Sport Programmes are open to individuals and organizations whose projects have been operational for more than 24 months, and can provide financial records to this effect, unless specified otherwise in the Programme criteria.
2. The closing date for receipt of applications may be subject to change – please check www.beyondsport.org or the relevant application platform for the deadline.
3. The Organisers will not accept any liability for late or lost applications howsoever delivered, or for any error, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access to applications as a result of any cause outside the Organisers’ control. Proof of electronic delivery shall not constitute proof of receipt.
4. No application will be accepted unless it is made in accordance with the specific requirements set out in the Programme description or criteria (unless such requirements are expressly waived by the Organisers).
5. Applications are not considered to be complete unless the terms and conditions have been read and the agreement tick box completed on entry.
6. The Organisers reserve the right to refuse to accept an application for any reason
7. Judging will be based on a number of criteria in accordance with the Programme aims and objectives. See respective Programme descriptions.
8. The exclusion of imagery or footage does not negatively affect the judging of the application.
9. The criteria included in the application forms should be used as helpful indicators to enhance the quality of an application.
10. The Organisers reserve the right to add or remove judges from the Selection Panel, or amend Programme criteria without notice and without giving reasons. Notification of any criteria changes will be made public to Applicants.
11. Successful Applicants will be notified individually. The Organisers will endeavour to notify Applicants of the outcome of their application within 6 weeks of submission but this can be subject to change and in line with Programme structure.
12. Successful Applicants agree to take part in reasonable publicity activities to promote the Programme and their successful application.
13. The Organisers reserve the right to cancel the Programme at any stage. In the event of such cancellation, the Organisers shall not be liable to Applicants in respect of any additional costs or consequential losses incurred by the Applicants as a result of any such cancellation.
14. Successful Applicants agree to incur any further due diligence and inquiry at the discretion of the Beyond Sport Foundation and will not receive a partnership or funding agreement until approved by the Foundation’s trustees.
15. The Organisers reserve the right to revoke the partnership or funding at any stage for any reason as specified in the Partnership or Funding Agreement.
Administration of Application Process
16. Applicants agree that the Organisers (and any third parties, as required) may make use of and reproduce any names, logos, trademarks, images, audio-visual works, photographs, kit designs, publications, advertisements and other relevant materials that are associated with all companies, individuals, publications, campaigns and teams that are related to the application (and Applicants confirm that they have obtained all necessary consents, permissions and clearances in respect of any third party rights relating to such materials) for the following purposes:
a) Publication within and in connection with Beyond Sport promotional materials.
b) Publication upon the Beyond Sport website.
c) Exhibition or coverage within any television or video production that may be produced in relation toBeyond Sport.
d) Publication and exhibition at Beyond Sport events.
e) Publications in connection with press releases and other promotional communications relating to Beyond Sport.
f) Other reasonable promotional purposes related to Beyond Sport or the Programme.
17. Applicants confirm that the details of the application are non-confidential and that the Organisers may copy and distribute the particulars of the application (and any part thereof) and the Applicants for all reasonable purposes associated with the administration, promotion and coverage of Beyond Sport.
18. The Organisers confirm that personal information relating to individuals shall be stored and processed by the Organisers for use solely in connection with Beyond Sport and that such information shall not be distributed to third parties without the relevant individual’s prior consent. Such information will only be disclosed to a third party without prior notice to the relevant individual when the Organisers believe such disclosure to be required by law or regulation or to be necessary to defend the rights of the Organisers, the safety of the public or other Applicants.
19. All information and materials submitted are non-returnable.
20. All references to "the Organisers" in these Terms and Conditions are references to Beyond Sport Foundation of UK: Fifth Floor, 110 High Holborn, London, WC1V 6JS and US: 119 W. 24th Street, 4th Floor, New York, NY, 10011, US or any such address the Foundation office shall be moved to.
21. All funds confirmed must have been paid within agreed Programme timeline. Grantees must provide respective information to enable this as per the Programme timeline. The Organisers’ decision on this is final and you accept this by entering and agreeing to the Term and Conditions.
22. To the fullest extent permitted by law, the Organisers shall not be liable for any damage, claim or costs, howsoever incurred by the Applicants (including any damage to computer equipment, data stored thereon or to personal, professional or commercial activities of the Applicants), arising from Beyond Sport Programmes, the Beyond Sport website or for the failure of the Applicants to comply with the Programme requirements or these Terms and Conditions.
23. The Organisers reserve the right to disqualify any Applicant where the Organiser has reasonable grounds to believe that such Applicant has breached any of these Terms and Conditions. Should any Applicant be disqualified, the Organisers may, at their sole discretion, select a replacement Applicant which will be subject to these Terms and Conditions.
24. The Organisers reserve the right to amend or supplement these Terms and Conditions at any time. Any such amendment or any additional rules, terms or conditions imposed from time to time by the Organisers shall be incorporated by reference into these Terms and Conditions upon written notice of such amendment or addition to the Applicants.
25. In the event of any dispute regarding these Terms and Conditions and all other matters relating to Beyond Sport Programmes, the decision of the Organisers shall be final and no correspondence or discussion shall be entered into.
26. This Agreement is covered by the laws of the UK and the United States whose courts shall have exclusive jurisdiction over any disputes in connection herewith.
BEYOND SPORT EVENTS
Ticket purchases are non-refundable, with the exception of the statutory cooling-off period, as outlined below, which is applicable for consumer transactions only, as set out in the Regulations noted below:
Statutory Cooling-Off Period
This section explains that the law allows you to cancel online purchases up to fourteen working days after you made the transaction - unless the service you have paid for has begun within this time.
If you do not wish to waive your cancellation right in this way, you should not proceed with payment via the website.
1. Cooling-Off Rights
1.1 You have rights under the Consumer Protection (Distance Selling) Regulations 2000 to cancel any Contract with us during an initial "cooling-off" period.
1.2 Where the supplier supplies the information to the consumer on time, the cooling-off period is 7 working days from the day after the date of the contract, in the case of services, or from the day after the date of delivery of the goods. Should the original purchase be made within 7 days of the service set to be provided, the Consumers right to cancel are voided.
As per Regulations mentioned above: https://www.legislation.gov.uk/uksi/2000/2334/made#:~:text=The%20Regulations%20provide%20that%20where,returned%20by%20the%20card%20issuer
1.3 There is no financial penalty for cancelling this contract during the "cooling-off" period.
2. No Right to Cancel
2.1 You shall not have the right to cancel any Contract under these cooling-off provisions if that Contract is:
(a) in relation to goods or services where the price of the goods or services in question is dependent on fluctuations in the financial market that we cannot control;
(b) in relation to any goods made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;
(c) for the supply of audio or video recordings or computer software if they are unsealed by the consumer;
(d) for the supply of newspapers, periodicals or magazines; or
(e) for gaming, betting or lottery services.
2.2 You shall also not have the right to cancel a Contract once the performance of our services under that Contract have begun unless we reach an agreement with you to the contrary.
3. Notice of Cancellation with Regards to Services
3.1 If you wish to cancel any Contract for the supply of services to which Condition H.2 does not apply and in circumstances in which Condition H.3 (if applicable) has not taken effect, your cancellation rights to return goods during the cooling-off period ends on the expiry of the period of seven working days after the day on which the Contract is entered into.
4. Returning Goods and Notice of Cancellation
4.1 If you wish to cancel any Contract for the supply of goods to which Condition H.2 does not apply during the cooling-off period you shall return the goods to us and you shall be responsible for the cost of doing so.
4.2 Your cancellation rights to return goods during the cooling-off period ends on the expiry of the period of fourteen working days beginning with the day after the day on which you have received the goods in question.
4.3 The notice of cancellation is a notice that must be in writing and it must either be left at or posted to the address set out below or which is sent to us by email to the email address specified below:
Email: [email protected]
Postal Address: Beyond Sport Foundation, Fifth Floor, 110 High Holborn, London, United Kingdom, WC1V 6JS [OR] 119 W. 24th Street, 4th Floor, New York, NY, 10011, United States.
5.1 On the cancellation of a contract we shall reimburse any sums paid as soon as possible and in any event within 30 days of the day on which the notice of cancellation was given.
5.2 Subject to Condition H.10 we may make a charge (which shall not exceed the direct costs of us recovering any goods supplied under the Contract) if you either do not return the goods in question (see Condition H.5) or you return the goods at our expense.
5.3 We shall not charge you for our cost of recovering the goods under H.9 if you have the right to reject the goods under any other express or implied term of the Contract or it is found that the requirement that you return any goods if you cancel the Contract is an "unfair term" within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999.
6. Possession and Care of Goods
6.1 If you wish to cancel any Contract for the supply of goods to which Condition 2.1 does not apply during the cooling-off period you shall be under a duty throughout the period prior to cancellation to retain possession of the goods in question and take reasonable care of them.
6.2 If you cancel the Contract you shall be under a duty to restore the goods to us as provided for in the following Condition and until this takes place you must retain possession of the goods and take reasonable care of them.
6.3 If you cancel the Contract you shall be under a duty to restore the goods to us and until this takes place you must retain possession of the goods and take reasonable care of them.
6.4 Your duty under condition 6.2 shall cease if:
(a) you deliver the goods in question to us (either at your premises or elsewhere); or
(b) you send the goods at your own expense to us.
Except that if you send the goods to us under (b) you shall be under a duty to take reasonable care to see that the goods are received by us and not damaged in transit.
6.5 If we do not receive the goods from you in the circumstances provided for in Condition 6.4 you must make the goods available for us to collect at your premises after we have asked you to do so in writing either before or at the time the goods are collected.
6.6 If we have asked you in writing as provided for in Condition 6.5 to make the goods available for us to collect at your premises within 21 days (or within 6 months if you have no other lawful grounds to reject the goods) of the day notice of cancellation was given, and you unreasonably refuse or unreasonably fail to comply with it, your duty to retain possession and take reasonable care of the goods shall continue until you deliver or send the goods to us in the circumstances mentioned in Condition 6.4.
6.7 Your duty under condition 6.2 shall cease if we have not asked you in writing to make the goods available to us at your premises within the 21 day or 6 month period (as the case may be) that is referred to in Condition 6.6 Calculation of Time Periods
6.8 For the purposes of theseEvents Terms and Conditions all time periods that are expressed to be after a given date shall be counted from (and including) the day following that date.
7. Other Rights
7.1 The cancellation rights provided for in these Event Terms and Conditions are in addition to any other cancellation rights you may have in law.
8. Exception to the Right To Cancel
8.1 You agree that (for the purposes of regulation 13(1)(a) of the Consumer Protection (Distance Selling) Regulations 2000) you will not have the right to cancel a Contract by giving notice of cancellation under these Event Terms and Conditions if we have begun to perform our services during the cancellation period.
9. Photo Release
9.1 Photographs will be taken at the Event by an official photographer; such photographs may be used in post-Event publicity and on future marketing materials. By completing and submitting the Booking Form, the Customer consents to the official photographer taking such photographs, which may feature the Customer and/or its Guests, and the use of such photographs as described and, where applicable, undertakes to use its to ensure that all of its Guests attending the Event are made aware of use of the official photographer and consent accordingly to their photograph being taken as described. If the Customer or any of its Guests do not want their photograph to be taken or used in this way, the Organiser must be notified prior to the Event.