Terms and Conditions of Use

  • 1. General

    • 1.1 These Terms and Conditions relate to the Online Booking Website operated and owned by North Lincolnshire Council NL Active (NLC NL Active) and should be read in conjunction with the current NL Active General Regulations and Conditions of Hire and Use (2015) as amended..

    • 1.2 The booking of Activities, Courses and Group Fitness Classes under these Terms and Conditions is subject to the fees and charges as amended from time to time.

    • 1.3 The Online Booking Website is provided for the use of Members and Non Members wishing to book certain activities available at NL Active Leisure venues.

    • 1.4 As a user of the Online Booking Website You will be age 17 or over.

  • 2. Definitions

    • 2.1 Within these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

      Activity means when a Member or Non Member books a facility at a Centre and takes part independently in sport or exercise.

      Centre means the venue at which users can participate in their chosen Activity, Course or Group Fitness Class.

      Group Fitness Class (Class) means an instructor lead exercise class which forms part of the group fitness programme run by NLC NL Active.

      Login Details means a Member’s unique username and password.

      Online Booking Website (Website) means the service which allows Members and Non Members to book Activities, Courses or Group Fitness Classes online.

      Payment means the appropriate fee charged for Activities, Course or Group Fitness Classes as advertised on the North Lincolnshire Council Website, as amended from time to time.

  • 3. Access

    • 3.1 Access to the Website is restricted to Members and Non Members age 17 years or over.

    • 3.2 Members wishing to access the Website should complete the online registration process to benefit from the fees and charges relevant to their membership.

    • 3.3 Member access to the Website is only permitted by the entry of unique user Login Details into the Website homepage.

    • 3.4 If these Login Details are incorrect or do not match those held by NLC NL Active Your access to the Website will not be permitted.

    • 3.5 You are solely responsible for the security of Your Login Details. The sharing of Your Login Details with any other parties will result in Your access to the Website being terminated.

    • 3.6 You will not be able to register on the Website if Your Membership has expired or fallen into default for any reason.

    • 3.7 Permission to access and use this Website is personal to You the user and is non-transferable.

    • 3.8 NLC NL Active will use reasonable efforts to ensure the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free. In particular, the Website may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Website. Notices of such upgrades or maintenance will be displayed at the Centre reasonably in advance of such work.

  • 4. Use of the Online Booking Website

    • 4.1 Your use of the Website is conditional on Your compliance with the rules of conduct set forth in these Terms and Conditions and You agree that You will not:

      • 4.1.1 use the Website for any fraudulent or unlawful purpose;

      • 4.1.2 use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;

      • 4.1.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make;

      • 4.1.4 interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks;

      • 4.1.5 transmit or otherwise make available in connections with the Website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment;

      • 4.1.6 reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;

      • 4.1.7 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website. If you wish to reverse engineer any part of the Website to create an interoperable program you must contact NLC NL Active and NLC NL Active may provide interface data subject to verification of your identity and other information;

      • 4.1.8 remove any copyright, trade mark or other proprietary rights notice from the Website or materials originating from the Website;

      • 4.1.9 frame or mirror any part of the Website without the express prior written consent of NLC NL Active;

      • 4.1.10 create a database by systematically downloading and storing Website content;

      • 4.1.11 use any manual or automatic device in any way to gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Notwithstanding the foregoing, NLC NL Active grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.

      • 4.1.12 NLC NL Active reserves the right to revoke the exceptions within this paragraph 4 either generally or in specific instances.

  • 5. Booking Activities and Group Fitness Classes

    • 5.1 The Activities, Courses and Classes available to book through the Website are provided at the discretion of NLC NL Active and may be subject to change.

    • 5.2 One booking per Member/Non-member per Activity, Course or Class may be booked at any one time. Bookings for Activities, Courses and Classes are non-transferable.

    • 5.3 Members may book Activities, Courses and Classes 4 days ahead. Non Members may book 3 days ahead.

    • 5.4 It may be necessary for NLC NL Active to utilise part of a booking slot for any necessary equipment changeover or set up.

    • 5.5 Once registered for a Class you must be in attendance at least 5 minutes before the advertised start time. Once a Class has started You will not be permitted to attend due to health and safety restrictions.

  • 6. Payment

    • 6.1 Payment is required at the time of booking through the Website, except in the case of Activities and Classes included as part of membership packages.

    • 6.2 Bookings will remain in Your basket for a period of 20 minutes awaiting completion of Your transaction, after which time Your basket will time-out. At the checkout You will have 5 minutes to complete the payment process.

    • 6.3 Payments will be processed through the NLC NL Active secure payment website which is governed by NLC NL Active Privacy Policy and the Data Protection Act 1998. The NLC NL Active secure payment website will accept Payment with the following card types:- Visa Visa Debit Mastercard Maestro

    • 6.4 NLC NL Active does not retain any credit or debit card information.

  • 7. Cancellations

    • 7.1 Group fitness classes may be cancelled by either telephoning or visiting the centres or by using the Cancel a class online form on the home page. Individual group fitness classes can be cancelled 2 hours before the start of the class. Classes cancelled after this time will be charged at the current advertised rate. This is in addition to membership fees already paid.

    • 7.2 Other prebooked activities may be cancelled by telephoning or visiting the centre at least 48 hours prior to the booking time.

    • 7.3 Due to restricted availability and high demand for Activities and Classes, Members who have booked and failed to attend without giving the required notice will be charged the full Payment for the unused booking.

    • 7.4 Refunds will not normally be given for late cancellations or failure to attend pre-paid bookings.

    • 7.5 Once booked, refunds will not be given for Group fitness courses where Members/Non Members are not able to attend individual sessions. NL Active will extend the duration of the course if we have to cancel a session due to unforeseen circumstances.

    • 7.6 NLC NL Active reserves the right to suspend access to the Website for Members who fail to abide by the Terms and Conditions within paragraph 7.

  • 8. Warranties, Liabilities and Indemnities

    • 8.1 You are responsible for all access to the Website using Your Internet connection and all activity that occurs under Your account; this includes access by another person.

    • 8.2 NLC NL Active is not liable for damages suffered to Your computer or other hardware or software as a result of Your use of the Website.

    • 8.3 NLC NL Active reserves the right to amend the content of the Website without prior notice.

    • 8.4 NLC NL Active provide the Website on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Website. To the maximum extent permitted by law, NLC NL Active expressly exclude:

      • 8.4.1 all conditions, warranties and other terms that might otherwise be implied by law into these Terms and Conditions; and

      • 8.4.2 any and all liability to you, whether arising under these Terms and Conditions or otherwise in connection with your use of the Website.

    • 8.5 The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

    • 8.6 The Website may provide links to other websites and online resources. NLC NL Active are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.

  • 9. Communications

    • 9.1 By registering for the Website You agree that NLC NL Active may communicate with You through their online messaging service about issues which may affect You, such as facility closures, class changes, cancellations and changes to advertised timetables, therefore You are advised to log into the Website to check for messages prior to attending for Your Class or Activity booking.

    • 9.2 NLC NL Active may contact You to notify You of any promotional offers which may be of interest to You.

    • 9.3 Should you wish to communicate with NLC NL Active regarding any bookings made online, you should contact the Centre direct by telephone or in person. When contacting the Centre please have the details of your booking ready.

  • 10. Intellectual Property

    • 10.1 The intellectual property rights in this Website and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

  • 11. Variation

    • 11.1 NLC NL Active reserves the right to make changes to these Terms and Conditions from time to time and without prior notice.

    • 11.2 NLC NL Active may notify You of such changes by any reasonable means, including by posting a revised version of these Terms and Conditions on the Website. Your use of the Website following any changes to these Terms and Conditions will constitute Your acceptance of those changes.

  • 12. Suspension and Termination

    • 12.1 These Terms and Conditions are effective until terminated. NLC NL Active may, at any time and for any reason and without prior notification, suspend or terminate Your access to or use of the Website. If we suspend or terminate Your access to the Website You will not have the right to bring claims against us or our affiliates with respect to such suspension or termination. We and our affiliates shall not be liable for any suspension and termination of Your access to the Website.

    • 12.2 NLC NL Active reserves the right to suspend or terminate Your access and use of the Website if You fail to comply with these Terms and Conditions.

    • o 12.3 You may terminate Your right to access and use the Website at any time by cancelling Your Membership or by allowing Your Membership to expire.

  • 13. Law and Jurisdiction

    • 13.1 These Terms and Conditions will be governed by and construed in accordance with the laws of England, and the courts of England will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms and Conditions.

By ticking the box you confirm that you have read and understood the above Terms and Conditions and agree to be bound by them.