Terms of use

Last updated on 24 ^th February 2021

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms tell you the rules for using our www.opensessions.io website (“Open Sessions”).

Open Sessions is an online portal, which provides sport providers with one place to easily upload and update session details, and make them visible to thousands of potential participants across the best sports, fitness and health-focussed websites on the web (“ web activity finders”), including on www.getactive.io (“Get Active”), which is a website operated by us.

The content and the features of Open Sessions are available to registered Session Providers (“ Session Providers”). Only the landing page can be seen by the general public. Open Sessions is free to join.

1. Who we are and how to contact us
   1. Open Sessions is operated by London Sport (“ we”, “ us”, “ ours”). We are a registered charity (charity number 1165100) and a company limited by guarantee registered in England and Wales under company number 08355406. Our registered office address is House of Sport, 190 Great Dover Street, London, SE1 4YB.
   2. To contact us, please send us a message by clicking on the blue circle in the bottom right corner.
2. By using Open Sessions you accept these terms
   1. By using Open Sessions, you confirm that you accept these terms and conditions and that you agree to comply with them and with our Privacy Policy and Cookies Policy, and our Content Standards Policy.
   2. Please read these terms of use carefully before using Open Sessions. They tell you who we are, how we will provide Open Sessions to you, our liability to you (see clause 12) and other important information. If you do not agree to these terms, you must not use Open Sessions.
   3. You are responsible for ensuring that all persons who access Open Sessions through your internet connection are aware of these terms and that they comply with them.
3. We may make changes to these terms
   1. We amend these terms from time to time. Every time you wish to use Open Sessions, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on the date stated at the top of these terms.
4. We may make changes to Open Sessions
   1. We may update and change Open Sessions from time to time to reflect changes to Open Sessions’ functionality, and changes to our users’ needs.
5. We may suspend or withdraw Open Sessions
   1. We do not guarantee that Open Sessions, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of Open Sessions, for example for security, maintenance or operational reasons, or reasons related to our status as a charitable organisation. We will try to give our Session Providers reasonable notice of any suspension or withdrawal.
6. Registration
   1. Open Sessions allows registered Session Providers to upload physical activity sessions onto Get Active and other web activity finders.
   2. By submitting your registration application you represent and warrant that the information submitted by you is true and accurate to the best of your knowledge. If you are creating an account on behalf of an organisation, you represent and warrant that you are authorised to represent and bind the organisation mentioned in your registration.
   3. We reserve the right to refuse to register an individual or an organisation if we, in our sole discretion, are of the opinion that any of the information provided by you during your registration is not accurate.
7. You must keep your account details safe
   1. If you are provided with, or set up, a password or any other piece of information as part of our security procedures during your registration, you must treat such information as confidential, and you must not disclose such information to any third party.
   2. We have the right to disable any user identification or password, whether chosen by you or allocated by us, at any time, if, in our reasonable opinion, you or your authorised personnel have failed to comply with any of the provisions of these terms.
   3. If you know or suspect that anyone other than you and/or your authorised personnel know such confidential identification codes or passwords, you must promptly notify us.
8. Uploading sessions
   1. Whenever you upload content to Open Sessions, you must comply with the content standards set out in our Content Standards Policy. You warrant that any such content does comply with those standards. 
   2. Any content you upload to Open Sessions will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are hereby granting us a licence to use, store and copy that content and to distribute and make it available to third parties.
   3. The content you upload will be visible to the users of the Get Active website and the users of other web activity finders, including via www.openactive.io You grant the operators of such websites a licence to use and re-publish the content uploaded by you to enable the users of such websites to search and/or arrange sessions with you.
   4. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Open Sessions constitutes a violation of their intellectual property rights, or of their right to privacy. 
   5. We have the right to remove any posting you make on Open Sessions if, in our opinion, your post does not comply with the content standards set out in our Content Standards Policy.
   6. You are solely responsible for securing and backing up your content.
   7. You may amend the content of your postings at any time. You acknowledge and agree that there may be a period of delay between your amendment of your content and the publication of the amendment on the relevant web activity finders websites.
   8. You are solely responsible for keeping the content of your postings up to date. You must update your postings as soon as reasonably practicable with the information about the number of places left in each session posted by you. 
9. Session Providers’ representations and warranties
   1. You represent and warrant that:
      1. You have obtained all necessary consents and permissions to register with Open Sessions and to submit the content uploaded to Open Sessions;
      2. Your content does not infringe the rights of any third party or our Content Standards Policy click here.
      3. You assume sole responsibility for checking the accuracy and completeness of any information and materials submitted via Open Sessions;
      4. All information and documentation submitted to Open Sessions is true and accurate to the best of your knowledge; and
      5. You will comply with all applicable laws, regulations, codes, guidelines and/or best practice (including, but not limited to consumer protection, health and safety and rules relating to child protection and safeguarding) in connection with the delivery of your sessions.
   2. We may, at our sole discretion, request to see supporting evidence of any information submitted by you, but we are under no obligation to verify the accuracy and completeness of your content and any data contained therein. If, in our reasonable opinion, we consider any content to be inaccurate and/or incomplete, or in breach of the warranty in paragraph 9.1 above, we reserve the right to reject such content and suspend or withdraw (as we may elect in our sole discretion) your registration with Open Sessions.
10. We do not guarantee that Open Sessions will be secure or free from bugs or viruses.
    1. We do not guarantee that Open Sessions will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programs and platform to access Open Sessions. You should use your own virus protection software.
    3. You must not misuse Open Sessions 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 Open Sessions, the server on which Open Sessions is stored or any server, computer or database connected to Open Sessions. You must not attack Open Sessions 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 Open Sessions will cease immediately.
11. Our status and our warranties
    1. Open Sessions is a mere conduit of information and a directory of sports sessions made available by our registered Session Providers. Other than under these terms and conditions, we do not have any legal relationships with any of our Session Providers and we do not make any representations as to the availability or suitability of any of our registered Session Providers for any particular session, including (but not limited to) in respect of their suitability under the health and safety, safeguarding of children legislation or other applicable laws. We do not participate in any way in any subsequent session or activity our registered Session Providers may arrange and we do not act as an employment agency or as an employment business in respect of any such engagements.
    2. Any profiles of Session Providers that appear on Get Active or any other web activity finder are generated solely based on the information provided by such Session Providers and do not amount to our recommendation, endorsement or confirmation of suitability of any of our Session Providers.
    3. Session Providers are solely responsible for compliance with all applicable laws, including, but not limited to, compliance with all relevant health and safety and child protection.
    4. Open Sessions is provided on “as is” basis and we do not make any representations it will meet your expectations or lead to any bookings. We hereby specifically disclaim all warranties in respect of Open Sessions and its content, including without limitation and to the maximum extent permitted by applicable law: (i) all implied warranties, including any implied warranty of fitness for a particular purpose; (ii) any warranty regarding the functional characteristics or performance of the platform; (iii) any warranty regarding the profitability or other benefits to be obtained by using Open Sessions and the information obtained therefrom; and (iv) any warranty that Open Sessions will be free from errors, viruses, bugs, interruptions or other access limitations.
12. Our responsibility for loss or damage suffered by Session Providers
    1. You assume sole responsibility for checking the accuracy and completeness of any data submitted via Open Sessions and for any results obtained from the use of Open Sessions and/or for any conclusions drawn from such use.
    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: (i) use of, or inability to use, Open Sessions; (ii) use of or reliance on any content displayed on Open Sessions by you, your personnel and/or any third party; or (iii) any material or information submitted by you on Open Sessions being made available to the general public via Get Active and other web activity finders.
    3. In particular, we will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; (v) any loss of, or corruption of data; (vi) any fines, expenses or other losses arising from a breach by a Sessions Provider of any applicable laws; or (vii) any indirect or consequential loss or damage.
    4. Any advice, reviews and/or suggestions published on Get Active and/or any other web activities finders are expressions of opinions of their authors and we do not take any responsibility for any such advice, reviews and/or suggestions. 
13. Complaints
    1. You will inform us promptly of any incidents or events that, in your reasonable opinion, render another Sessions Provider unsuitable to use Open Sessions. We may, in our sole discretion, contact such a Sessions Provider to verify your information, but we are under no obligation to do so.
    2. If you disagree with any ratings or comments submitted by any users of Get Active website or other web activity finders, you can contact us on [email protected] setting out the details of your complaint, and the reasons why you disagree with any such ratings. We may contact the users of Get Active (only) who posted the rating and/or comments to verify their reasons for doing so. However, we will not mediate or become otherwise involved in any other complaints or disputes between the users and the Session Providers.
    3. You may at any time request the removal of your content from Open Sessions, including removal of your account.
14. Breach of these terms
    1. When we consider that a breach of these terms or our Content Standards Policy click here has occurred, we may take such action as we deem appropriate, including:
       1. immediate, temporary or permanent withdrawal of your right to use Open Sessions; 
       2. immediate, temporary or permanent removal of any content uploaded by you to Open Sessions;
       3. issue of a warning to you;
       4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
       5. further legal action against you; and/or 
       6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
    2. We may suspend or withdraw registration of a Sessions Provider if, in our reasonable opinion, such a Sessions Provider is unsuitable to provide sessions to the general public and/or to protect our and/or Open Sessions’ reputation. 
    3. You will indemnify us on demand against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with:
       1. any breach of these terms or our Content Standards Policy;
       2. any breach by you of the applicable terms and conditions of the Payment Services Provider (if applicable);
       3. any breach of any applicable laws;
       4. any claims made against us by a third party arising out of or in connection with your use of Open Sessions, and/or in connection with any session or engagement you have arranged as a result of the use of Open Sessions, including any acts or omissions of your customers, employees, officers, agents or subcontractors in connection with any engagement.
15. Other terms applicable to Session Providers
    1. You are not permitted to use our trade marks and trade names without our approval.
    2. We may transfer our rights and obligations under these terms to another organisation.
    3. These terms are between you and us. No other person shall have any rights to enforce any of its terms.
    4. These terms constitute the entire agreement between you and us.
    5. If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16. Which country’s laws apply to any disputes?These terms, 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.

Content Standards Policy

1. Prohibited uses
   • In any way that breaches any applicable local, national or international law or regulation.
   • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. 
   • For the purpose of harming or attempting to harm minors in any way.
   • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
   • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
   • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
   You also agree:
   • Not to reproduce, duplicate, copy or re-sell any part of Open Sessions in contravention of the provisions of our terms and conditions.
   • Not to access without authority, interfere with, damage or disrupt:
   • any part of Open Sessions;
   • any equipment or network on which Open Sessions is stored;
   • any software used in the provision of Open Sessions; or
   • any equipment or network or software owned or used by any third party.
2. Content standards
   1. These Content Standards apply to any and all material which you upload to Open Sessions, and to any interactive services associated with it.
   2. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to all content submitted to Open Sessions.
   3. London Sport will determine, in its discretion, whether any content breaches the Content Standards.
   4. All content must:
      1. be accurate (where it states facts);
      2. be genuinely held (where it states opinions); and
      3. comply with the law applicable in England and Wales.
   5. All content must not:
      1. be defamatory of any person;
      2. be obscene, offensive, hateful or inflammatory;
      3. promote sexually explicit material;
      4. promote violence;
      5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      6. infringe any copyright, database right or trade mark of any other person;
      7. be likely to deceive any person;
      8. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      9. promote any illegal activity;
      10. be in contempt of court; 
      11. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
      12. be likely to harass, upset, embarrass, alarm or annoy any other person;
      13. impersonate any person, or misrepresent your identity or affiliation with any person;
      14. give the impression that it emanates from us, if this is not the case;
      15. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
      16. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or 
      17. contain any advertising or promote any services or web links to other sites.