Terms & Conditions
We agree, reading legal jargon isn’t fun. Here is a summary of the main points of the agreement which follows below. It’s true, LiteClub is a completely free service for sports clubs made possible by funding from various trusts, councils and philanthropists. Here is how we will work with you once your club appoints a club representative to liaise with the LiteClub team on all aspects of the programme …
1. The LiteClub team will visit your club to accomplish the following:
(A) We will access all areas of the club to assess the environmental efficiency of the club’s facilities.
(B) We will install a number of free primary impact reducing products intended to improve the club’s environmental efficiency and/or reduce the club’s running costs. These may include energy efficient lightbulbs, water-saving devices in taps, toilets and showers, fridge power timers, hot water pipe lagging and cylinder wraps, as well as sorting-at-source recycling stations.
(C) We will produce an environmental impact report (Efficiency Action Plan - EAP) for the club that will both record the products installed as well as identify additional viable environmental impact reduction initiatives (e.g. solar heating, double glazing, insulation etc.) that the club may wish to implement and fund itself.
2. Subsequent to the club visit:
(A) If the club wishes to implement additional reductions initiatives outlined in the Efficiency Action Plan, LiteClub will endeavour to assist in facilitating this at no cost.
(B) LiteClub and the club may work together using club member contact details and/or club newsletters and emails to educate and encourage club members to reduce their own environmental impact at home, should the club wish to do so.
(C) From time to time, we will send informational material via email about us or our partners and suppliers and their services that may be of interest for you. You will always be able to unsubscribe from these.
So, do the environment a favour, register your club now and save some cash in the process!
FULL LITECLUB TERMS AND CONDITIONS
2.3 The Club authorises PLT to use its name to the extent reasonably necessary to give effect to the benefits set down in clause 5 (the Benefits).
3.1 As a participant in the Programme, PLT agrees that the Club may:
(a) use the phrase “LiteClub Participant” or such other phrase as PLT may provide prior written consent to from time to time;
(b) upon written request to PLT have its name included in PLT publications along with the names of other LiteClub participants and participants in other PLT initiatives;
(c) if agreed by PLT have its name feature on, and hyperlinked from, PLT’s website. The Club must ensure that any Club website that is hyperlinked from PLT’s website will not:
(i) contain content that adversely affects PLT’s reputation and goodwill;
(ii) breach any law or applicable industry code; and/or
(iii) contain any misrepresentations or be misleading or deceptive or likely to mislead and deceive or breach any person’s intellectual property; and
(d) together with its members be invited to attend events run by PLT.
3.2 The Club may exercise those Benefits that relate to PLTs’ image, logo or reputation (including being a participant in the Programme) only with the prior written consent of PLT. The parties will work together in good faith to agree promotional guidelines.
3.3 The Club agrees that PLT may refer to the Club, use the Club’s logo and use photographs taken at the Club in promotional and accountability activities about the Programme including case studies.
4. INTELLECTUAL PROPERTY
4.1 No right, title or interest in or to the name and logos of PLT are granted to the Club other than in accordance with this Agreement and the Club will not dispute the intellectual property rights of PLT.
5. LIMITATION OF LIABILITY
5.1 To the maximum extent permitted by law, except for fraud or wilful damage, neither party will be liable to the other for loss or damage of any kind whatsoever or howsoever arising out of or in relation to this Agreement.
5.2 Neither party will be liable to third parties for the acts or omissions of the other party.
6.1 This Agreement contains the entire understanding between the parties concerning the subject matter of this Agreement and supersedes all prior communications between the parties.
6.2 Nothing in this Agreement (or any of the arrangements contemplated in it) will be deemed to constitute a partnership between the parties nor, save as may be expressly set out in this Agreement, constitute either party the agent of the other party for any purpose. In addition, unless otherwise agreed in writing between the parties, neither party will enter into contracts or agreements with third parties as agent for the other party nor will either party describe itself as agent of the other party or in any way hold itself out as being an agent of the other party.
6.3 Neither party will be deemed to have waived any right under this Agreement unless the waiver is in writing and signed by the parties. Any failure or delay by a party to exercise any right or power under this Agreement will not operate as a waiver of that right or power. Any waiver by a party of any breach, or failure to exercise any right, under this Agreement will not constitute a waiver of any subsequent breach or continuing right.
6.4 Neither party will at any time take any steps that bring the reputation or good standing of the other party or its products or business into disrepute.
6.5 Neither party will assign or transfer its rights or obligations set out in this Agreement nor purport to or sub-licence the Benefits in any way without the prior written consent of the other party.
6.6 This Agreement may be executed in any number of counterparts each of which is to be deemed an original, but all of which together are to constitute a single instrument. A party may enter into this Agreement by executing any counterpart.
6.7 The terms of this Agreement are governed by New Zealand law and the parties submit to the exclusive jurisdiction of the New Zealand courts.
THIS LITECLUB AGREEMENT is made on the date of online club registration submitted by the sports club representative via the LiteClub website at www.liteclub.org/register-your-club. This agreement is between PROJECT LITEFOOT TRUST, a duly incorporated charitable trust having its registered office at Level 3, The Textile Centre, 1 Kenwyn Street, Parnell, Auckland (PLT), and REGISTRANTS’ SPORTS CLUB (Club) as per online registration form submitted by the sports club representative via the LiteClub website at www.liteclub.org/register-your-club.
A. The LiteClub programme (the Programme) has been designed, and is being implemented, by PLT. Through the Programme, PLT aims to work with sports clubs and other clubs and organisations throughout New Zealand in an initiative to reduce their environmental impact and to inspire members of those clubs and organisations to do the same at home.
B. The Club wishes to participate, and PLT has agreed to the Club’s participation, in the Programme on the terms set down in this Agreement.
1. THE PROGRAMME
1.1 The Club has agreed to participate, and PLT has agreed to the Club’s participation, in the Programme.
1.2 The Programme implementation will generally include the five key steps outlined below:
(a) the Club will appoint a “Champion” who will act as the Club’s point of contact with PLT and who will encourage Club members to participate in the Programme (the Champion) during the first stage of the Programme;
(b) on a date and at a time agreed by PLT and the Club, the LiteClub team will visit the Club in order to assess the environmental efficiency of the Club’s facilities; and install a number of primary impact reducing products that may include, but not be limited to, any of the following: energy efficient lightbulbs, water-saving devices in taps, toilets and showers, hot water pipe lagging and cylinder wraps, fridge power timers, and sorting-at-source recycling stations. A senior Club member should be present during the assessment and installation;
(c) following the assessment and installation, PLT will produce an Efficiency Action Plan detailing additional initiatives that the Club may wish to implement and fund itself to further reduce the club’s environmental impact;
(d) if desired by the club, PLT will endeavour to assist at its cost in facilitating the implementation of agreed additional initiatives;
(e) PLT will assist the club where practicable to educate and encourage Club members to reduce their environmental impact and emissions in the Club and in other areas of their lives;
1.3 PLT and the Club will work together to give effect to the Programme.
2. CLUB OBLIGATIONS AND ACKNOWLEDGEMENTS
2.1 In consideration for its participation in the Programme, the Club:
(a) will provide PLT with reasonable access to Club officials, as required by PLT;
(b) will ensure prompt decision making and turn around time / communications from PLT; and
(c) will use reasonable endeavours to endorse and support the Programme to its members and other stakeholders.
2.2 The Club acknowledges that
(a) while PLT will endeavour to undertake the assessment and implementation work to a reasonable standard, its staff are not qualified tradespeople or technicians and if the Club considers appropriate the Club should have any work reviewed by a suitably qualified tradesperson;
(b) products installed by PLT are the responsibility of the Club, including the use, maintenance and replacement of such products;
(c) while cost savings to the Club are anticipated following the Programme, PLT does not represent, warrant or guarantee that any savings will occur and the extent of any savings will be influenced by the Club’s use of the installed products;
(d) unless otherwise requested by the Club during the assessment PLT will remove and dispose of all light bulbs at the Club replaced in the course of the Programme;
(e) the Club authorises PLT to contact and speak to third party contractors on behalf of the club in relation to the LiteClub programme; third parties can include, but are not limited to waste contractors, electricity water and gas suppliers. PLT will not make any commitments on behalf of the Club without the Club’s express prior written authority.