Terms and Conditions
“Club Matters user” means a representative nominated by you who is responsible for your management and organisation.
“Service Provider” any person who Sport England from time to time appoints to provide the Services;
“Services” means training and support as set out in more detail from time to time on the “Club Matters” website (www.sportenglandclubmatters.com); and
“You” and “your” refer to the organisation that is registering for Sport England’s “Club Matters” programme.
1.1. These terms and conditions set out the basis on which Sport England is willing to procure the Services for your Club Matters from the Service Provider.
1.2. Sport England is procuring the Services as a non-cash grant awarded to you (the “Grant“), the cost of which is met from money available to Sport England through the National Lottery.
1.3. The purpose of the Grant is to train club in the business of running a club to ensure that you are part of a widened network of successful sports clubs that is able to meet current challenges (the “Purpose”). You will not use the Services for any other purpose.
1.4. Sport England may, in its absolute and sole discretion, at any time terminate the Grant and/or cease to procure the Services for you, including without limitation where:
(a) Sport England decides to discontinue its “Club Matters” programme;
(b) Sport England does not have available adequate money from the National Lottery to enable it to fund the provision of the Services;
(c) Sport England is unable to procure the provision of the Services pursuant to a legally binding contract with a Service Provider;
(d) you have breached any of these terms and conditions;
(e) you undergo, or Sport England reasonably believes that you have undergone or may undergo, any form of insolvency or event connected to an insolvency; or
(f) Sport England determines (including without limitation on the basis of any information or notification that you provide or fail to provide pursuant to these terms and conditions) that you or your Club Leader is not suitable for the receipt of the Services in accordance with its eligibility criteria for the “Club Matters” programme, or for grant recipients generally, from time to time; or
(g) Sport England or the Service Provider suspects that your Club Matter’s primary purpose of receiving the Services is not the Purpose.
1.5. Sport England will notify you if it decides to terminate the Grant and/or cease to procure the provision of the Services for you.
1.6. You agree to participate from time to time in such activities (such as completing questionnaires or responding to queries from Sport England or the Service Provider) as Sport England may reasonably require in order to evaluate the effectiveness of the Grant.
Nomination of User of Club Matters
1.7. You will only nominate Club Matters users who meet the following criteria:
(a) the nominated person has material responsibilities for your management and/or administration; and
(b) his or her primary purpose for receiving the Services is the Purpose.
1.8. You will notify the Service Provider immediately if at any time either of the criteria set out in paragraph 3.1 are no longer satisfied in respect of a user of Club Matters. Any such person will cease to be eligible to receive the Services.
1.9. You will ensure that the user of Club Matters complies with all reasonable rules and instructions of the Service Provider while receiving the Services, including without limitation in respect of health and safety while on the Service Provider’s site.
Liability for the Services
1.10. To the extent permitted by law, Sport England will not:
(a) be responsible for the quality of the Services or the manner in which they are provided; or
(b) be liable to you in any way for any loss, cost or damage that you incur in connection with the provision of the Services.
1.11. To the extent that, in spite of clause 4.1(b), Sport England is held to be liable to you, Sport England’s maximum aggregate liability will be capped at the amount that Sport England is able to recover from the Service Provider in respect of the action or omission for which Sport England is liable to you.
1.12. You acknowledge that the provisions of clauses 4.1 and 4.2 are reasonable given that you are not paying for the Services, and that Sport England would not have made the Services available to you in the absence of these provisions.
1.13. Nothing in these terms and conditions is intended to exclude or restrict Sport England’s liability to you:
(a) for death or personal injury resulting from negligence; or
(b) where such liability arises from any dishonesty committed by Sport England.
Publicity and information
1.14. Where reasonably required by Sport England you will acknowledge the Grant publicly as appropriate and as practical. You will acknowledge Sport England’s support in any published documents that refer to the Grant or in written or spoken public presentations about the Grant.
1.15. You hereby consent to any publicity about the Grant as Sport England may from time to time require.
1.16. Prior to receipt of any Services you will tell the Service Provider about any changes to information you have previously provided in connection with the Grant and will make sure that the information Sport England holds in connection with the Grant is true and up to date.
1.17. You warrant that you are an organisation established in England or Wales that:
1.18. You warrant that all of the information that you have provided to the Service Provider in connection with the Grant (including without limitation on the Club Matters registration form) is complete and accurate.
1.19. You will be available for meetings with Sport England and allow full and free access to your records however and wherever held and to any of your offices or buildings to Sport England, or those acting for Sport England or to the National Audit Office.
General Grant Conditions
1.20. You agree to comply with all applicable laws in all matters connected to the Grant.
1.21. You accept that Sport England may share information about the Grant with any parties of Sport England’s choice as well as with members of the public who make a request for information under the Freedom of Information Act 2000.
1.22. You will pay such amount as Sport England may reasonably determine, up to a maximum of an amount equal to the value of the Services received by you, if:
(a) you are in breach of any of these terms and conditions; or
(b) you or the Club Matters (whether deliberately, recklessly or accidentally) completed the Club Matters” registration form, or provided any other information to Sport England or to the person providing the Services, dishonestly or significantly incorrectly or misleadingly; or
(c) in connection with the Grant members of your governing body, volunteers or staff act dishonestly or negligently or in any way, directly or indirectly, to your detriment or to the detriment of your organisation or to the detriment of Sport England’s reputation; or
(d) the primary purpose of your application and your receipt of the Services was not or is not the Purpose.
1.23. If any provision of these terms and conditions is held to be illegal, invalid or unenforceable in whole or in part the remainder of these terms and conditions will continue to be valid and enforceable.
1.24. Sport England may assign, novate or otherwise transfer all of its rights, obligations and liabilities under this agreement to a successor body to Sport England or to any successor distributor of Lottery funding, and you will consent to any such assignment, novation or other transfer.
1.25. The award of the Grant to you will not constitute a partnership between Sport England and you or constitute either you or Sport England as the other’s agent.
1.26. No failure or delay in exercising rights under these terms and conditions shall operate as a waiver of such rights.
1.27. Where Sport England gives its prior written consent, the Service Provider may rely on and enforce these terms and conditions for the purposes of the Contracts (Rights of Third Parties) Act 1999 (the “Act“). Other than as set out in the preceding sentence, no person other than Sport England or you may enforce or rely on the Grant or these terms and conditions for the purposes of the Act. Notwithstanding the first sentence of this clause, Sport England and you may vary or terminate these terms and conditions without the consent of any other person.
1.28. The award of the Grant, these terms and conditions, and all non-contractual disputes arising in connection with the Grant will be governed by English law. The courts of England have exclusive jurisdiction over any disputes arising in connection with the award of the Grant and these terms and conditions.
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