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Website Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
WHAT’S IN THESE TERMS?

These terms tell you the rules for using our website www.MCRactive.com and apply to all users of our site including members and third party providers.

WHO WE ARE AND HOW TO CONTACT US

www.mcractive.com is a site operated by Manchester Active Limited (“MCRactive”/ ”We”). We are registered in England and Wales under company number 3747112 and have our registered office at PO Box 532 Town Hall, Manchester, M60 2LA . Our main trading address is PO Box 532 Town Hall Manchester .Our VAT number is 628652028. We are a company owned and controlled by Manchester City Council

To contact us, please email info@mcractive.com.

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:

  1. Our Privacy Policy
  2. Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  3. Our Cookie Policy, which sets out information about the cookies on our site.
WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time including to reflect changes to our products, our users’ needs and our business priorities

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens.

OUR SITE IS ONLY FOR USERS IN THETHE UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@mcractive.com.

HOW YOU MAY USE MATERIAL ON OUR SITE AND INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

You are expressly and emphatically restricted from all of the following:

  • selling, sublicensing and/or otherwise commercializing our site material;
  • using our site in any way that is, or may be, damaging to this site;
  • using our site in any way that impacts user access to this site;
  • using our site contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the site, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this site, or while using this site

MCRactive may restrict access by you to any areas of this site, at any time, in its sole and absolute discretion

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties including third party providers and operators, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources and we accept no responsibility or liability for their content or accuracy.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS

If you wish to complain about content uploaded by other users, please contact us on infor@mcractive.com.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a provider/business user
  1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a provider/business user
  1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    1. use of, or inability to use, our site; or
    2. use of or reliance on any content displayed on our site.
  3. In particular, we will not be liable for:
    1. loss of profits, sales, business, or revenue;
    2. business interruption;
    3. loss of anticipated savings;
    4. loss of business opportunity, goodwill or reputation; or
    5. any indirect or consequential loss or damage.
If you are a consumer user or non business user
  1. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of or damage to reputation or goodwill, loss of or corruption of or damage to data or any indirect or consequential loss or damage
HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our privacy policy.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of our site] a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you upload or post content to our site, you grant us rights to use that content as we deem appropriate.:

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact infor@mcractive.com.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business or not a consumer, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

OUR TRADE MARKS ARE REGISTERED

MCRactive is a trade mark of MCRactive, registered trade mark 3344019. You are not permitted to use them without our approval.

BOOKINGS WITH THIRD PARTY PROVIDERS

This site is partly a platform for the advertising of activities of third party provider organisations and groups and to enable connections between users and such third party providers for the provision of leisure activities.. Whilst MCR Active facilitates the booking process with third party, providers it does not handle any monies involved in a booking and such providers are separate businesses independent of MCRactive. Any booking with such third party providers will constitute a legally binding contract between the user and the third party provider which is subject to the terms and conditions of that third party provider. The third party provider will be responsible for providing the services under that contract and MCR Active shall not be responsible for any default or failure to perform or the quality of any services performed by a third party provider or for any loss, claim, cost, incurred. damage or injury incurred by any user resulting there from.

For changes, cancellations or refunds relating to a booking, you must contact the third party provider that you completed your booking with and any changes, cancellations or refunds will be subject to the terms and conditions of that third party provider. Contact details for providers can be found on their website

CANCELLATION OF MCRACTIVE MEMBERSHIPS

MCRactive has the right to cancel the membership of any member at any time by sending a notice of cancellation

The member has the right to cancel its MCRactive membership agreement at any time by sending a written notice of cancellation to us.

For further information on cancelling your monthly membership with Better please visit:

https://www.better.org.uk/terms.

For further information on cancelling your monthly membership with Everyoneactive please visit:

https://www.everyoneactive.com/legal-policies/cancellations-refunds-policy

NO WARRANTIES

This site is provided “as is,” with all faults, and MCRactive makes no express or implied representations or warranties, of any kind related to this site or the materials contained on this site. Additionally, nothing contained on this site shall be construed as providing consult or advice to you.

INDEMNIFICATION

You hereby indemnify to the fullest extent MCRactive from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

ASSIGNMENT AND TRANSFER

MCRactive shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained on this site, constitute the entire agreement between MCRactive and you in relation to your use of this site, and supersede all prior agreements and understandings with respect to the same.