Terms and Conditions

Terms and Conditions for entry into Kandufoari events

Welcome to kandufoari.com (the “Web Site”). The Web Site is operated by Unix Sporting (registered in Maldives under the number SP-0684/2017) with our registered office at 14-G-02 , Hulhumale, Maldives (“we” or “us”). Our GST registration number is 1079576GST501.

These terms and conditions consist of:

(a) The general terms and conditions here and set out in Section A that apply to your access, browsing, use and participation in this Web Site (and by so doing you will be treated as having accepted these terms and conditions) as well as any other activity (including entering runs and/or purchasing any Kandufoari ) via the site (“General Terms”); and

(b) The terms and conditions set out in Section B that apply, in addition to the General Terms, if you would like to register for and participate in any fishing categories (“ Event Terms”); and

(c) The terms and conditions set out in Section C that apply, in addition to the General Terms, to any order for or purchase of products via the Web Site (“Sales Terms”);

which are together referred to as the “Agreement”.

Please do not access or browse our Web Site if you do not accept the terms of the Agreement. They apply in addition to our Privacy Policy.

Section A – General Terms

1. Accessing our site

1.1 We do not charge for access to and use of our Web Site.

1.2 You may be required to register in order to access certain features on our Web Site. Please refer to the Event Terms and our Privacy Policy for details how we use the information that you provide to us.

1.3 We do not guarantee that our Web Site, or any content on it, will always be available or be uninterrupted. Access to our Web Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Web Site without notice. We will not be liable to you if for any reason our Web Site is unavailable at any time or for any period.

1.4 You are responsible for making all arrangements necessary for you to have access to our Web Site. You are responsible for configuring your information technology, computer programs and platform in order to access our Web Site. You should use your own virus protection software.

2. Postings supplied by you

2.1 The Web Site may link to our Facebook page or other features on the Web Site which may provide some areas where you can post or exchange information, ideas and opinions as well as post photos and other materials. Such actions are collectively referred to as “Postings”. If you make use of this facility you must comply with the terms set out in this Agreement and any applicable terms (including any which may be imposed by the operators of Facebook).

2.2 The standards set out in this clause 2.2 apply to all Postings. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

(i) Postings must:

Be accurate (where they state facts).

Be genuinely held (where they state opinions).

Comply with applicable law in the Maldives and in any other country from which they are posted.

(ii) Postings must not:

Contain any material which is defamatory of any person.

Contain any material which is obscene, offensive, hateful or inflammatory.

Promote sexually explicit material.

Promote violence.

Promote discrimination based on run, sex, religion, nationality, disability, sexual orientation or age.

Infringe any copyright, database right or trade mark of any other person.

Be likely to deceive any person.

Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

Promote any illegal activity.

Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

Be likely to harass, upset, embarrass, alarm or annoy any other person.

Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Give the impression that they emanate from us, if this is not the case.

Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You warrant that all of your Postings do comply with the standards set out in this clause 2.2, and you will be responsible to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

2.3 You hereby authorize us to copy and use and/or authorize others to use all or part of your Postings in any manner (including, without limitation, for the purposes of implementing or developing any idea that you may suggest or discuss), format, or medium that we or such other parties see fit throughout the world. You waive any moral rights.

2.4 We have the right to disclose your identity to anyone who alleges that your Posting may infringe their intellectual property rights or their right to privacy.

2.5 You must not misuse the Web Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Web Site, the server on which the Web Site is stored or any server, computer or database connected to the Web Site. You must not attack the Web Site via a denial-of-service attack or a distributed denial-of service attack. 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 the Web Site will cease immediately.

3. Monitoring and moderating

3.1 Please be aware that we have no obligation to (and do not always exercise) editorial control over Postings or other information that users post to the Web Site and such information does not necessarily reflect our views.

3.2 Notwithstanding clause 3.1, we reserve the right to monitor and/or moderate all Postings and to remove all or part of any which we consider in our absolute discretion to be offensive or otherwise in breach of this Agreement. We may also make alterations to Postings at any time and at our discretion.

4. Complaints

4.1 If you have any complaint about any Posting or other content on our Web Site please contact us at hello@unixpsorting.com

4.2 Your complaint will be dealt with by our team in accordance with our internal moderation and take down policy and guidelines in place from time to time. A member of our team will use reasonable endeavours to respond to you although you should be aware that we receive, review, investigate and deal with complaints only during our normal business hours.

4.3 We reserve the right to terminate your registration and access to the Web Site if we suspect any misuse of our complaint’s procedure.

5. Intellectual Property Rights

5.1 We are the owner or the licensee of all intellectual property rights in and relating to: our Web Site; and the material (including all logos, text and graphics) published on the Web Site; and the software used to operate our Web Site.

These works are protected by copyright and other intellectual property rights around the world. All such rights are reserved.

5.2 You may print off one copy, and may download extracts, of any page(s)) from our Web Site for your personal reference and you may draw the attention of others within your organization to material posted on our Web Site.

5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in accordance with clause 5.2 in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.4 Our status (and that of any identified contributors) as the authors of material on our Web Site must always be acknowledged.

6. Content

6.1 The content on our Web Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Web Site.

6.2 Although we make reasonable efforts to update the information on our Web Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Web Site is accurate, complete or up-to-date.

7. Disclaimer and liability

7.1 Nothing in the Agreement shall limit our liability for fraud or for death or personal injury caused by our negligence or in relation to any other liability which cannot be excluded or limited by law.

7.2 Subject to clause 7.1 and other than as stated in this clause 7 or the Sales Terms, all implied terms, conditions or warranties are hereby excluded to the maximal extent permitted by law.

7.4 Whilst we make every effort to ensure the availability and accuracy of our Web Site and any content, we do not warrant that the availability of our Web Site will be uninterrupted or that Web Site and any materials accessible via the Web Site will be error or omission free.

7.5 We do not accept any responsibility for any use made of the Web Site and we shall not be liable:

(i) in any circumstances for any loss of profits, loss of sales or revenue, loss of or damage to goodwill, loss of customers, loss in connection with third party claims, or any indirect, special or consequential loss (even if the party concerned has advised of the possibility of such loss);

(ii) for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond our reasonable control; and/or

(iii) for any other loss suffered in connection with the use of our Web Site or any content to the fullest extent that we may exclude or limit such liability under applicable law.

7.6 Different limits and exclusions apply if you purchase Kandufoari  from our Web Site. Please refer to the Sales Terms.

8. Your personal information

8.1 Please see the Event terms and our Privacy Policy for details of how we process your personal details and how we use cookies on the Web Site here.

9. Variations

9.1 We may revise the terms of the Agreement at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our Web Site.

10. Linking to our Web Site

10.1 You may link to our home page or any other relevant page of our Web Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

10.2 You must not establish a link from any web site that is not owned by you.

10.3 Our Web Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

11. General terms

11.1 If we fail, at any time, to insist upon strict performance of any of your obligations under any of the terms of the Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

11.2 We will not be liable to you for any breach of the Agreement that arises because of any circumstances which we cannot reasonably be expected to control.

11.3 If there is a conflict or inconsistency between any provision contained in these General Terms and the Event Terms and/or the Sales Terms, except where provided to the contrary, to the extent of the conflict or inconsistency the following order of precedence shall apply:

(i) if you are purchasing products, the Sales Terms will take precedence; and

(ii) if you enter an event, the Event Terms will take precedence over all other clauses of the General Terms.

12. Law

The Agreement is governed by Maldivian law. You agree to submit to the exclusive jurisdiction of the Maldivian courts provided that nothing in this clause will prevent us from taking any action in any court that has jurisdiction over you.

13. Contact

You may contact us at  hello@unixsporting.com

Section B – Event Terms

1. Event entry

1.1 By entering an event category you are agreeing to enter into the fishing competition and also agree to abide by these Event Terms as well as the General Terms and the terms set out on the relevant Kandufoari page of the Web Site.

1.2 Entries to fishing events are non- refundable and non-transferable. Participation in the competition is personal to you; you are strictly prohibited from swapping, selling or transferring or offering to sell, swap or transfer the place in the competition.

1.3 To participate in a kandufoari fishing event you must be 05 years of age or older.

1.4 Kandufoari entry closure is determined and announced when participation reaches the stated capacity or a pre-set date. This will be stated on the Web Site entry page of the competition in question.

2. Entry fees and cancellation

2.1 You must pay the Kandufoari entry fee at the time of entering the competition.

2.2 All entry fees are non-refundable, but entry can be transferred from one event to another. Your entry is completed as soon as you have completed the entry process.

3. Participation is at your own risk

3.1 You are responsible for ensuring that you have undertaken any necessary preparation and training to enter and participate in any category. Entry and participation in Kandufoari events are at your own risk. You warrant to us that you will be on the date of the competition, sufficiently fit and healthy to participate in the event unaided and in accordance with the Agreement. If you are in any doubt, we recommend that you seek medical advice.

3.2 You will be required to confirm your acceptance of these terms and the disclaimer when entering each event.

4. Event completion

4.1 You will be treated as having completed the event if you submit the required evidence of your completion of the event to us by the date specified on the Kandufoari entry page of the Web Site. Examples of the required evidence are stated on each event entry Web Site page. Any question as to whether sufficient evidence is provided will be determined solely at our discretion.

4.2 Prizes are awarded entirely at our discretion. Recipients of any prizes will be selected by according to the terms specified at the specific event page.

4.4 The deadline for completing their respective events and the submission of evidence in accordance with clause 4.1 is fixed and cannot be varied. If we do not receive your evidence by the date specified, you will not be included in the results section of our Web Site and you will miss out on winning prizes.

5. Personal Information

5.1 For the purposes of this section, personal information includes any data or information about you that is described as “personal data” and/or “sensitive personal data” (which includes your name, photos, medical data and other information about you (“Personal Information”). References to our partners includes our sponsors, advertisers, charities and any other third parties with which we may work in connection with the operation of the Web Site and the organization and promotion of runs and virtual runs.

5.2 You agree that the Personal Information relating to you can be stored, used by us and our partners in connection with the organisation, staging and administration of the run.

5.3 You agree that the Personal Information relating to you may be anonymised and the anonymised data may be used by us and our partners in connection with the compilation of statistical information.

5.4 You agree that your name, image and contact details can be used by us and our partners for the purposes of:

(i) the promotion and marketing of the eventand the Web Site;

(ii) adding you to a mailing list to keep you informed about any future events and services which we believe you might be interested in, such as leisure activities relating to either similar types of events or activities or future runs;

(iii) promotional and marketing material in respect of similar events, other community-based activities organised by us and/or our partners.

5.5 If you would not like us or our partners to use the Personal Information other than for purposes related to your participation in the event, please email us.

5.6 You agree that we may publish your Personal Information as part that lead up to the event and as part of the results of the event either for the event alone or combined with or compared to other events. Results may include (but not be limited to) name, any club affiliation, occupation, age category, location, submitted times and photos.

5.7 In particular in relation to photographs, you agree to the publication of such photographs and their use by us and those authorised by us in any way which we may see fit now or in the future including but not limited to display on the Web Site and inclusion in other publications and publicity materials.

Section C – Sales Terms