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Terms & Conditions

If you require help or guidance on how to make changes to your booking, or any other issue raised here, please visit our Knowledgebase:
http://www.endurancelife.com/helpdesk/


Terms and Conditions - Version 3.0, 01/06/2009

The terms outlined here are generic (default) terms and conditions, and any purchases or contracts undertaken by with Endurancelife may be subject to additional clauses and conditions, these are most often listed on the event or product pages.

By communicating or interacting with Endurancelife or it's customers, or by using facilities hosted or provided by Endurancelife, you are agreeing to the conditions listed below.

These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase or use of Endurancelife websites, whether oral or in writing, and contain the entire agreement between Endurancelife and you relating to your purchase or use.

Endurancelife advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Endurancelife.

We will store a copy of the contract entered into by you with Endurancelife. You are advised to read (and are responsible for reading) fully all information on this website.

Endurancelife does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.


Privacy & Security

Personally Identifiable Information (PII)

We conform to UK Privacy Rules, and to the Data Protection Act 1998

Personal data will be collected to ensure:
-A safe online experience.
-Secure payment facilities.
-You receive important communication from us (see Communication, below).
-Purchase and delivery updates.
-Targeted marketing which we feel might interest you. You can opt out of these at any time from within your online account:
http://www.endurancelife.com/customer-account.asp


Website

No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.

Endurancelife grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Endurancelife. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Endurancelife.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Endurancelife.com or its affiliates' names or trademarks without the express written consent of Endurancelife. Any unauthorised use terminates the permission or license granted by Endurancelife.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Endurancelife.com as long as the link does not portray Endurancelife.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Endurancelife logo or other proprietary graphic or trademark as part of the link without our express written consent.

Intellectual Property Rights

In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.

Subject to the licence granted to you to use the Site, Endurancelife.com reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Endurancelife.com and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in Endurancelife.com and its affiliates, as appropriate.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Endurancelife.com tracks the electronic ‘fingerprints’ of every order placed on Endurancelife.com to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:
- you fail to make any payment to us when due;
- you breach the terms of this Agreement (repeatedly or otherwise);
- when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
- we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.

Online Accounts

You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.

Customer Review Guidelines

You acknowledge that any review, feedback or rating which you leave may be published and agree that it may be distributed by Endurancelife for as long as we consider appropriate and that the content may be syndicated to other Endurancelife owned sites and publications.
-You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any feedback, ratings or reviews posted by you on the website, including the violation of their privacy or intellectual property rights.
-You grant Endurancelife and its affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you. We reserve the right to publish, edit or remove any reviews without notifying you.


Payments

We accept most major credit and debit cards. We do not accept cheques or cash.

Credit Notes

"Credit Notes” may come in one of two forms – "Vouchers” or "Credit”; by default, Vouchers will be issued.

Credit or Vouchers will be issued to the customer’s online account and are not assignable or transferable. Vouchers have a cash redemption value of 0.001p.

Vouchers and Credit have expiry dates, which are set at the point they are issued. The longevity of this expiry date varies dependent upon many factors – as Endurancelife account holders it is your responsibility to keep track of your expiry dates, and not the responsibility of Endurancelife. Typically the expiry will be between 2 and 6 months. All expiry dates are clearly displayed in users’ online account home screen.

Vouchers: By default, no change will be given as a result of making a purchase under the value of the voucher. Only one voucher can be used per transaction. Vouchers may be issued for purchasing within specific areas only, ie Shop, Events, or Photo Downloads. If the value of an order exceeds the value of the Voucher the balance must be paid by either credit/debit card or Endurancelife Credit.

Credit: As more Credit is added to your account, the value of your Credit pool rises. Each piece of Credit has an individual expiry date, however, multiple pieces of Credit can be used at the same time. By default, when you make any purchase and you have Credit in your online account, the Credit will be used first and then any short fall in the order total will be taken via the usual online payment means. If you have more Credit on your account than the total of your order, then only the amount of Credit needed to equal the order will be used – ie the balance of Credit will remain in your account. If the value of an order exceeds the value of the Credit the balance must be paid by either credit/debit cart or Endurancelife Voucher.

Special Offers and Discounts

Discounts and incentives are available at the time of booking only, no retrospective discounts can be offered. (i.e. we often have discounts available for booking multiple event in one purchase; this must be done as part of the original booking).

Should you need to make a change to a booking that originally qualified for a discount, the new booking may not be subject to the original discount.


Communications

We'd like all our customers to receive the information they need to make their online experience successful. We can keep you up-to-date with special offers, new partners and products we think you'll like. To let us know exactly how much (or how little) you want us to communicate with you go to your online account:
http://www.endurancelife.com/customer-account.asp

Email communications are our preferred means of communication. By using this site, you accept that when we email you the message may not reach you due to the frailties of the communications network, spam systems incorrectly identifying our messages, etc. You accept that you are freely invited to contact us using telephone means, by writing to us at: Endurancelife, Unit 6D, South Hams Business Park, Churchstow, Devon, TQ7 3QH; or by
using our Helpdesk system:
http://www.endurancelife.com/helpdesk/
[NB We will only accept proof of communication with us by written means via our hosted Helpdesk system or via a recorded delivery postal delivery.]

We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.


Events

As Purchaser: by purchasing an event, it becomes your responsibility to ensure the following regarding the actual participant (whether the participant is yourself or another individual, or if the event entry is transferred to a currently unknown individual at a later date). As Purchaser, you accept that you will not transfer, assign, resell or give an event entry to another individual, without first obtaining and retaining written proof that the person(s) concerned have signed and dated a statement confirming that they have read and agreed to all Terms and Conditions outlined here by Endurancelife.

It is the participant’s responsibility to give us correct and up-to-date contact info, ICE (In Case of Emergency) contact, and medical conditions. This must be done online through your Endurancelife account.
http://www.endurancelife.com/customer-account.asp

All participants you must check for updates and changes to the Ts&Cs on a periodic basis, including 31 days and 8 days before an event date.

The default cancellation and refund policy is outlined below. There may be specific differences to this policy, dependent upon the specific terms under which you purchased an event. For this information, please see the Event Specific Terms, below.

Booking Changes

All events are non-refundable. Credit may be given at EL's discretion, and will always be time limited. Everything purchased is "non-refundable" (beyond the legal requirement set out by UK government legislation). In special circumstances, and at the discretion of Endurancelife, a credit note may be issued as a result of a customer wishing to cancel an order. Telephone amendments to bookings are subject to GBP 10 charge.

Format Changes

The organisers reserve the right to change the date, timings, location and format of an event if necessary.

Event Cancellation

Entries are non-refundable, even in the case of an event cancellation.

After the statutory 14 day cooling off purchase-period, your entry can not be exchanged, refunded or deferred for any reason, including injury, medical issues or factors outside of your control.

Where an event is cancelled or changed because of adverse weather or other factors outside of our reasonable control (force majeure), we shall not be liable to make any refund or pay any compensation - either for event entry fees or any other personal costs incurred by you.

Taking out event insurance that would allow refunds or a replacement event in this unlikely situation would add significantly to the ticket price and the view has been taken that it is better to have a lower ticket price and small risk. We currently average one event cancellation every 3.5 years (or 48 events approximately) due to poor weather and you enter knowing this risk.

In a situation where an event is cancelled prior to its starting, for any other reason, the maximum possible refund will be made to participants, less any reasonable unrecoverable expenses. We shall not be liable to pay any compensation.


Courses

The courses setup by Endurancelife are not used solely by participants, but open to the general public. By partaking in an event, you acknowledge this fact, and will take adequate care and attention when participating. You also acknowledge that the public you encounter may not be aware of the event, and as such you will partake of the event at a speed such that you are always in control or both yourself and any equipment you may be using.

The courses are tough in nature, and any cut off times established for the event are there as a safety precaution for participants. If you feel you can not make a cut-off time, then you should not over exert yourself but stop and phone for help or continue in a comfortable steady fashion until taken off the course by marshals.

Any Endurancelife Crew member may ask you to leave the course or event at any time, and need not specify a reason.

As a participant, you confirm that you will write down and take with you on event, the event director’s phone number. The event director’s phone number is always provided on display before each event.

As a participant, you acknowledge that courses may be laid several days before the event, and as such tampering may occur. It is therefore advised that you always proceed with caution and within your limits. If you are in any doubt with regards to a route choice, we advise you to call for assistance.

Safety

By participating, you accept that is it your responsibility to keep your self and / or your team safe. You understand that the event organisers will not always know your location during an event, and you accept that it is your responsibility for ensuring the event organisers know your location in the event of an incident. You accept that a rescue may be inherently dangerous, and by seeking / accepting assistance you accept the risks involved.

If at any time you have to retire from an event, you accept that it is your responsibility to inform the event director, both asap (by phone - NB you must receive a reply acknowledging that your sms has been received) and asap in person / via an EL event official (nb this doesn't include sub-contractors). You are required to immediately return in person to the event base, or go to the nearest marshalled checkpoint. You accept that failure to do this means that you will be fully liable for the cost of any rescue operation - be that by EL or a sub-contractor, or an external body (e.g. Coastguard).

Arriving at the event in good time is your responsibility. Endurancelife may refuse your participation in the event if you do not arrive within the publicised times. You acknowledge that getting to and from the event safely is your responsibility. Endurancelife will not be held responsible for speeding or dangerous driving or incidents occurred on public transport. We advise that you arrive at an event the day before it starts, and leave the day after it finishes; this will enable you as participant to perform at your best and will enable you to have adequate rest after the event before leaving the local area. If you can not make such provision of time, you agree to use a driver, taxi or mode of public transport.

Often Endurancelife events are based or associated with establishments which sell alcohol. Endurancelife does not condone consumption of alcohol at any time. You agree that you will not drink alcohol within 24hrs of your event start time. You agree that you will not drink and drive following an event and you acknowledge that you are aware that having taken part in an event your tolerance to alcohol may be diminished.

Indemnity Waver

In consideration of the acceptance of my application for entry, I hereby freely agree to make the following contractual representations and agreements:

I fully realize the dangers of participating in the Endurancelife event and fully assume the risk associated with such participation, including but not limited to the following dangers; exhaustion, collision with pedestrians, vehicles, other participants and fixed or moving objects, sliding down hills, falling rocks, dangers arising from other surface hazards, equipment failure, weather conditions, animals, the possibility of physical and or mental trauma and injury including death.

I fully understand the dangers of participating in the Endurancelife event and I understand that there are more hazards than are enumerated here, and that there are unknown and unforeseeable hazards. I engage in the event with knowledge of the inherent risks of injury.

I agree to abide by the rules and conditions laid down for the event and to follow instructions issued by the organisers’ officials. I understand that circumstances beyond the control of the organisers may cause the event to be modified, postponed or relocated. I accept that the organisers reserve the right to refuse entry from persons considered to have insufficient experience or disqualify those who fail to follow the rules and conditions: ignorance is no excuse. I understand the risks involved in this event and I have carefully read, understand and voluntarily accept the terms of this waiver and release agreement.

I, for myself and my heirs and executors, hereby waive, release and forever discharge Endurancelife Limited and all other persons associated with the event, for all my liabilities, claims, actions, or damages that I may have against them arising out of or in any way connected with my participation in this event.

Kit & Equipment

Specified kit and equipment must be carried at all times. It may not be possible to check all participants’ equipment before undertaking an event, and as such it is the participant’s responsibility to procure equipment and if any doubt speak to the event director prior to the event. Not carrying mandatory kit will result in immediate disqualification. The standard kit list can be found, or will be linked from, each events webpages.

Timing

Visiting CPs (Check Points) remains the responsibility of the participant - whether they be manned or unmanned. Failure to visit CPs correctly results in automatic disqualification from the event.

Cut-offs
If you miss a cut-off you may be allowed under certain circumstances to continue. By doing so you acknowledge that there may not be medical cover in place for the remainder of your event.


Results

Results will be published online, and viewable publicly. If you do not wish to have your name listed publicly, you must inform us a minimum of two weeks before the event date in writing and receive a confirmation or receipt.

Any anomalies or queries of an event's results will only be investigated and amended 36hrs after the results have been published online.

Prizes & Gifts

Prizes will be awarded at the discretion of the organisers; there will be no cash alternatives. Please see the event (more usually Series pages) regarding how we divide up the prize pool and our age category bans [NB ages are taken from either you age as of the event day, or in regards to events within a series your age may be taken from the date of the first event within that Series - whether you are taking part in multiple events or not].
 
Failure to collect event gifts (ie tshirts, medals) at an event, or failure to attend an event is the registered participant’s responsibility. Endurancelife will not post event gifts to you after the event.

Those running with dogs will not be placed or awarded prizes.

Media

Photos of you may be published online, and linked to your online account at any time. Photos will be published online, and viewable publicly. If you do not wish to have your photos to be displayed publicly, you must inform us a minimum of two weeks before the event date in writing and receive a confirmation or receipt.

By attending an Endurancelife event, you give your express consent to your actual or simulated likeness being included within any film, photograph, audio and/or audiovisual recording to be exploited in any and all media for the purpose at any time throughout the world. The copyright to which shall be owned by the promoter or its contractors without payment or compensation. You give your express consent to be recorded via the use of UAV's (Unmanned Aerial Vehicles) and consent to UAV's being flown in close proximity to your person.

Drones

Where possible you may be filmed using drones. We ask that you please comply with any instruction given to you by Endurancelife staff or the drone operators. By attending the event you consent to being filmed and agree to cooperate fully with instruction. All operation of aerial equipment is undertaken by fully qualified pilots. Drones may fly within close proximity to runners if the pilot feels it is safe to do so. If you have any queries regarding the filming of the event or the drone equipment, please contact a member of the Endurancelife team.

Insurance

All participants must have adequate medical, travel and personal liability for the event. Taking part in an event is an uninsured activity and a participant’s actions are their own responsibility. By purchasing an event you are confirming that you have or will have adequate cover for the event.

As purchaser, you confirm that you will not assign the event entry to an individual until you have confirmed that they have adequate personal liability cover for the event.

Medical Conditions

It is your responsibility to keep your medical conditions up-to-date, now and on a continued basis. This can be done by logging in to your Endurancelife online account:
http://www.endurancelife.com/customer-account.asp
If you have any technical difficulties in achieving this, you must contact us immediately. You also acknowledge that If you have any medical conditions, or develop any prior to the event, you will seek a full medical examination by your doctor before undertaking the event.

Endurancelife events are tough by nature. If you feel unwell or believe you are not fit enough to undertake the event, then you must not partake. If you have already started the event, you must stop immediately and call for assistance.

As a participant, you acknowledge that the courses are remote and that medical help provided by Endurancelife may take considerable time to reach you.

Personal Belongings

Any personal belongings brought to an event are left entirely at the participant's own risk - this includes designated bag drop areas. Participants are advised to bring only limited valuables to events and, if necessary, leave them with an event official for the duration of the event. Due to the nature of the events, not all baggage or equipment can be kept secure at all times.

Additional Event Services

Additional Endurancelife services or Add-ons purchased, such as overnight camping, are taken entirely at the purchaser / consumer's own risk. Any 3rd party services or Add-ons sold by Endurancelife working as an agent, form a contract between the purchaser / consumer and the 3rd party organisation and not Endurancelife.

Shop

By purchasing any physical items you are agreeing to the following:

In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Endurancelife shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Endurancelife of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods.

If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order.

Endurancelife reserves the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. Endurancelife also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.

The products sold on the website are provided for private domestic and consumer use only. Accordingly, Endurancelife do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the website or for any products or services purchased from Endurancelife.

Delivery

All orders placed before 12pm midday, will be in the post, the same day. Orders placed after this time will be sent out the following day. Orders placed after 12pm midday on a Friday will be sent out on the following Monday.

The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.

If your delivery address is outside of the UK, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Endurancelife advises each customer to contact their local customs office for further information.

For Christmas Deliveries, we recommend that you order by the 17th December. We will endeavour to dispatch all ‘in stock’ orders within 24 hours, however, we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.

We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

Refunds

You can return your purchase to us in its original condition within 28 days of the date you received the item, with any seals and shrink-wrap intact, clothing must have labels attached and we will issue a full refund for the price you paid for the item within 30 days of receipt of product back to us.

Product Recalls

When we are notified of a product recall by a retailer or a national or European authority, we stop selling the product as quickly as possible. We will also contact customers who have already purchased the item from us, by e-mail, to advise them of the measures put in place by the manufacturer or the authorities.

If you would like to know more about current product recalls, please check the following EU websites:

EU Rapid Alert System for Dangerous Non-Food Consumer Products (RAPEX)
http://ec.europa.eu/consumers/dyna/rapex/rapex_archives_en.cfm
EU Rapid Alert System for Food and Feed (RASFF)
http://ec.europa.eu/food/food/rapidalert/index_en.htm

Gift Vouchers
 
Gift vouchers must be filled in and returned to us, once the recipient has created an online account. Credit will be issued to the recipient’s online account, and only then will they be able to make a purchase.