ABOUT THIS SITE

TERMS AND CONDITIONS

FULL SITE TERMS AND CONDITIONS

1. INTRODUCTION

 

1.1 These Terms and Conditions apply between the User ("you", "your") of www.howtobowlfast.com (the “Website” (including any sub domains, unless expressly excluded by their own Terms and Conditions)), and The Fast Bowling Brothers Ltd. (“we”, “us”, “our”), the owner and operator of the Website. Please read these Terms and Conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website, and your continued use indicates your continued compliance and agreement. If you do not agree to be bound by these Terms and Conditions, you must stop using the Website immediately.

 

1.2 In these Terms and Conditions, User or Users means any person or third party that accesses the Website and is not either

 

(a) employed by The Fast Bowling Brothers Ltd. and acting in the course of their employment; or

(b) engaged as a consultant or otherwise providing services to The Fast Bowling Brothers Ltd. and accessing the Website in connection with the provision of such services.

 

 

 

2. INTELLECTUAL PROPERTY AND ACCEPTABLE USE

 

2.1 All content included on the Website, is copyrighted and the sole property of The Fast Bowling Brothers Ltd, our affiliates or other relevant third parties as specified.  In these Terms and Conditions, “content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code, software, and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's express and prior written permission.

 

2.2 You may, for your own personal, non-commercial use only do the following:

 

(a)     view pages from this Website in a web browser;

(b)     download pages from this Website for caching in a web browser;

(c)     print pages from this Website;

(d)     stream video files from this Website;

 

subject to the other provisions of these Terms and Conditions.

 

2.3 You must not otherwise reproduce, modify, copy, distribute, or use for commercial purposes any content on any part of this Website without the written permission of The Fast Bowling Brothers Ltd.

 

2.4 We reserve the right to restrict access to areas of this Website, or indeed this whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on this Website.

 

 

 

3. PROHIBITED USE

 

3.1 You may not use this Website for any of the following purposes

 

a) in any way which causes, or may cause damage to the Website or interferes with any other person's use or enjoyment of the Website;

b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, or governmental order;

(c) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

 

3.2 You must not:

 

(a) use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the website;

(b) use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent;

(e) access or otherwise interact with the Website using any robot, spider or other automated means except for the purpose of search engine indexing;

(f) use data collected from the Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

 

3.3 You must not use data collected from the Website to contact individuals, companies or other persons or entities.

 

 

 

4. REGISTRATION

 

4.1 You must ensure that the details provided by you on registration or at any time are correct and complete.

 

4.2 You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

 

4.3 We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these Terms and Conditions.

 

4.4 You may cancel your registration at any time by emailing us at info@howtobowlfast.com. If you do so, you must immediately stop using the Website.

 

4.5 You must not allow any other person to use your account to access the Website.

 

4.6 You must notify us in writing via email immediately if you become aware of any unauthorised use of your account.

 

4.7 You must not use any other person's account to access the Website.

 

4.8 Cancellation or suspension of your registration does not affect any statutory rights.

 

 

 

5. USER-GENERATED (“YOUR”) CONTENT: LICENSE

 

5.1 In these Terms and Conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or the Website for storage or publication on, processing by, or transmission via, the Website’s forum, comment sections, live chat, and other applicable means of communication.

 

5.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

 

5.3 You grant to us the right to sub-license the rights licensed under Section 5.2.

 

5.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 5.2.

 

5.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

 

5.6 You may edit your content to the extent permitted using the editing functionalities made available on the Website.

 

5.7 Without prejudice to our other rights under these Terms and Conditions, if you breach any provision of these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may delete, un-publish or edit any or all of your content.

 

 

 

6. USER-GENERATED (“YOUR”) CONTENT: RULES

 

6.1 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 the Website do not represent our views or values and in no way should be construed as such.

6.2 You warrant and represent that your content will comply with these Terms and Conditions.

 

6.3 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

 

6.4 Your content, and the use of your content by us in accordance with these Terms and Conditions, must not:

 

(a) be libelous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence;

(m) be pornographic;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be considered offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

 

 

 

7. PASSWORD AND SECURITY

 

7.1 When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.

 

7.2 If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

 

 

 

8. LINKS TO OTHER WEBSITES & THIS WEBSITE

 

8.1 This Website contains links to external/third-party websites to help you find information that may be relevant to you quickly and easily. Unless expressly stated, these sites are not under the control of The Fast Bowling Brothers Ltd. or that of our affiliates.

 

8.1.1 We assume no responsibility for the content of external/third-party websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. We do not endorse or guarantee in any way the external organisations, services, advice, or products included in these external website links nor do we control or guarantee the accuracy, relevance, timeliness, or completeness of the information contained in them.

 

8.2 The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. These links are provided solely as a service for visitors’ information and convenience and we do not control, approve, or endorse these sites or the information contained therein. External links to resources are in no way intended to represent an exhaustive listing.

8.3 You may link to this Website, provided you do so in a way that is fair and legal and does not damage the reputation of The Fast Bowling Brothers Ltd. or any of our employees, staff or directors or take advantage of it.

 

8.4 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of The Fast Bowling Brothers Ltd. or any of our employees, staff or directors where none exists.

 

8.5 You must not establish a link to this Website in any website that is not owned by you.

 

8.6 This Website must not be framed or embedded on any other site.

 

8.7 The Fast Bowling Brothers Ltd. reserves the right to withdraw linking permission without notice.

 

 

9. PRIVACY POLICY

 

9.1 Use of this Website is also governed by our Privacy Policy, which are incorporated into these Terms and Conditions by this reference. To view the privacy policy, please click here.

10. AVAILABILITY OF THIS WEBSITE AND DISCLAIMERS

 

10.1 Any online facilities, tools, services or information that The Fast Bowling Brothers Ltd. makes available through this Website are provided by us “as is” and on an 'as available” basis. We give no warranty that the Website will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The Fast Bowling Brothers Ltd. is under no obligation to update any information on the Website.

 

10.2 Whilst The Fast Bowling Brothers Ltd. And our affiliates use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we make no warranty or guarantee in that regard and all Users take responsibility for their own security that of their personal details and their devices.

 

10.3 The Fast Bowling Brothers Ltd. accepts no liability for any disruption or non-availability of the Website.

 

10.4 The Fast Bowling Brothers Ltd. reserves the right to alter, suspend or discontinue any part for the whole of the Website including, but not limited to, any products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless expressly stated otherwise.

 

 

 

11. LIMITED WARRANTIES

 

11.1 We do not warrant or represent:

 

(a) the completeness or accuracy of the information published on the Website;

(b) that the material on the Website is up to date; or

(c) that the Website or any service on the Website will remain available.

 

11.2 We reserve the right to discontinue or alter any or all of the Website services, and to stop publishing this Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms and Conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the Website.

 

11.3 To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these Terms and Conditions, the Website and the use of the Website.

 

 

 

12. LIMITATION OF LIABILITY

 

12.1 Nothing in these Terms and Conditions will:

 

(a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;

(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or

(c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

 

12.2 To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.

 

12.3 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

 

12.4 To the maximum extent permitted by law, The Fast Bowling Brothers Ltd. accepts no liability for any of the following:

 

(a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities

(b) loss or corruption of any data, database or software

(c) any special, indirect or consequential loss or damage.

 

12.5 You accept that we have an interest in limiting the personal liability of our directors and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our directors or employees in respect of any losses you suffer in connection with the Website or these Terms and Conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our directors and employees).

 

12.6 None of the authors, contributors, administrators, employees, or anyone else connected with The Fast Bowling Brothers Ltd., in any way whatsoever, can be responsible for your use of the information contained in or linked from this Website. Please take all steps necessary to ascertain that information you receive from the Website is correct and has been verified.

 

12.7 USE AT YOUR OWN RISK: This Website is solely and unequivocally for general informational purposes only, and is categorically not to be used a substitute for, or in lieu of, a suitably qualified professional cricket coach. People undertaking any physical activity (including, but not limited to, changes to their bowling actions) should absolutely do so with the advice and support of a suitably qualified professional cricket coach. Consult a doctor /general practitioner / physician before performing any exercise, including the information on this website. It is entirely your responsibility to evaluate your own medical and physical condition, or that of your clients/players/teams, and to independently determine whether to perform, use, or adapt any of the information or content on this Website. Any exercise program may result in injury. By voluntarily undertaking or attempting any exercise or information displayed on this Website, you assume entirely the risk of any resulting injury.

 

12.8 If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following correct information or for damage that was caused by you failing to correctly follow instructions or to have in place the minimum system requirements.

 

12.9 The Fast Bowling Brothers Ltd. specifically disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of the use or misuse of any of the information or content on this Website. The Fast Bowling Brothers Ltd. assumes or undertakes no liability for any loss or damage suffered as a result of the use, misuse or reliance on the information and content on this Website.

 

 

 

13. BREACHES OF THESE TERMS AND CONDITIONS

 

13.1 Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:

 

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the Website;

(c) permanently prohibit you from accessing the Website;

(d) commence legal action against you, whether for breach of contract or otherwise; and/or

(f) suspend or delete your account on the Website.

 

13.2 Where we suspend or prohibit or block your access to the Website or a part of the Website, you must not take any action to circumvent such suspension or prohibition or blocking.

 

 

 

14. SEVERABILITY

 

14.1 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

 

14.2 If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

15. PAYMENTS AND REFUNDS

 

15.1 We are under a legal duty to supply paid services through the Website that are in conformity with this contract. See below for a summary of your key legal rights in relation to the paid services. Nothing in these Terms and Conditions will affect your legal rights.

15.2 Our paid services are primarily aimed to customers in the U.K. We reserve the right to reject any payments for premium memberships made from outside the U.K.

 

15.3 Your rights when you purchase a paid service will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.

 

15.4 In line with the Consumer Contracts Regulations 2013, you may be able to get a refund any time within 14 days of the order being placed, provided you have not accessed any information whatsoever contained within the paid service, or logged into your account after purchasing a paid service (e.g. purchasing a Speedbolt Plan in error). However, due to the nature of the information being available immediately, once you have accessed any information contained within any part of the PRO Series, or logged into your account after purchasing a paid service, you will not be eligible to request a refund unless the content is faulty, or at our discretion. If you have accessed the information within this site, or logged into your account after having purchased a paid service, your refund request will be declined and we will notify you of this.

 

The Consumer Rights Act U.K. 2015 says digital content, such as the premium membership found on this Website, must be as described, fit for purpose and of satisfactory quality:

 

  • if your digital content is faulty, you are entitled to, and be offered, a repair or a replacement.

  • if after the repair or replacement is issued, the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

  • if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.

 

15.5 Where applicable and as outlined in these Terms and Conditions, we will refund you the price you paid for the paid service, by the method you used for payment. We will make any refunds due to you as soon as possible, and in any event within 14 days of us receiving notice that a refund is due. To request a refund, please email The Fast Bowling Brothers Ltd. at info@howtobowlfast.com where we will endeavour to resolve the situation as quickly and efficiently as possible.

 

 

16. GENERAL

 

16.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions where we reasonably believe your rights will not be affected

 

16.2 These Terms and Conditions may be varied by us from time to time. Such revised Terms and Conditions will apply to the Website from the date of publication. Users should check the Terms and Conditions regularly to ensure familiarity with the current version.

 

16.3 These Terms and Conditions together with the privacy policy contain the whole agreement between the parties relating to subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Terms and Conditions.

 

16.4 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions and no third party will have any right to enforce or rely on any provision of these Terms and Conditions.

 

16.5 If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision is invalid, illegal or unenforceable, that provision or part provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and Conditions will not be affected.

 

16.6 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

 

16.7 These Terms and Conditions, the subject matter and all information contained within this Website shall be solely governed by and interpreted according to the law of Scotland. You and we both agree that any and all disputes (including but not limited to non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Scotland.

 

 

17. The Fast Bowling Brothers Ltd. Details

 

17.1 The Fast Bowling Brothers Ltd is a company incorporated in Scotland with registered number SC630183 whose registered address is

 

1 Fern Way, East Calder, EH53 0FL

*(please note this is not a correspondence address and no mail will be received here)*

 

and it operates the Website

 

https://www.howtobowlfast.com

 

17.2 You can contact The Fast Bowling Brothers Ltd. by email on info@howtobowlfast.com

 

These Terms and Conditions were updated and agreed on: Wednesday 1st April 2020 at 09:00.

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