TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES (“TERMS”)
Definitions: In these Terms and Conditions the following definitions apply:-
Business Day: a day other than Saturday, Sunday or Public Holiday in England.
Conditions: these Terms and Conditions as amended from time to time.
Customer: means any party who uses the services of the Supplier referred to in these Terms and Conditions and referred to as you.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off rights in designs, data base rights, rights to use and protect the confidentiality of confidential information (including know-how) and all other intellectual property rights in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals of or extensions of and rights to claim priority from such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Services: the ability to post, link, store, share or otherwise make available certain information.
Supplier: means The Goal League Ltd. registered in England and Wales with Company Number 09908616 Registered Office, 17 Wheatfield, Stalybridge, Cheshire SK15 2TZ, us, we, or our as referred to in these Terms and Conditions.
- 2. Supply of Services:
- 2.1 The Supplier shall supply the Services to the Customer in accordance with these terms and conditions.
- The Service allows you and us to post, link, store, share or otherwise make available videos, graphics, texts or other material or information (collectively known as “Material”). You are responsible for the material that you post to the Service, including its appropriateness, legality, reliability and service ability.
- You represent and warrant that you have rights in the Material either to
use the Material or that the Material is owned by you and you grant to the Supplier all rights licences and authorities to use that Material on or through the Service and you further warrant that that Material does not violate any privacy rights, publicity rights, copyrights, contract rights or any other rights of any third person whatsoever and that you have the consent of that third person to publicise and make use of that Material.
- You grant to us the right and licence to use, publicly display, reproduce,
distribute and use as we see fit the Material on and through the Service. Although you will retain all rights to any Material you submit you are entirely responsible for protecting those rights and no compensation will be provided by the Supplier in respect of any failing on your part to protect those rights in any manner.
- You agree this Licence includes the right for the Supplier to make the Material available to other users of the Service and that those other Service users may make use of your Material subject to these Terms.
- You agree that matches can be videod and the footage uploaded by us onto our Service and YouTube or such other media facility as we see fit from time to time.
- You consent to us storing your details on our systems and sharing such information with any partners or sponsors.
You also agree that those partners or sponsors may make contact with you from time to time.
- In the event you are unable to attend and play one of your sessions you can send reserves provided that full details of those reserves including but not limited to names, addresses, e-mail addresses, twitter handles and contact telephone numbers have been provided to us in advance.
- 3. Intellectual Property Rights:
- All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier.
- If you are the copyright owner of the Material or authorised on behalf of the owner and you believe any infringement of the copyright has taken place through use of this Service you must notify us immediately with full details of the alleged infringement and details of ownership of or rights in the copyright Material.
- We have absolute discretion in dealing with any claims over ownership of copyright in respect of the Material displayed on our Service, including the removal of that Material. We will review each complaint on its merits and may remove or disable access to the relevant Material from our Service. We are committed to complying with the Copyrights, Designs and Patents Act 1988 and European Commerce Directive 2000.
- The Service, its features and functionality will remain the exclusive property of the Supplier and the Service is protected by copyright and trademark.
- The trademarks, copyrights and trading styles of the Supplier may not be used by you without the prior written consent of the Supplier.
- When you upload Material onto the Service you provide to the Supplier a non-exclusive royalty free transferable licence (with right to sub-licence) to use, re-produce, distribute in any manner that the Supplier deems appropriate the Material in connection with the provision of the Service.
- 4. Charges:
- The charges for the Services will be charged on a 4 x 1 hour session basis and you must pay for the Service in advance and any failure or delay in payment may result in the forfeiture of a match and ultimately your disqualification/removal from any League operated by the Supplier.
- The Supplier reserves the right to increase its fees provided that such increases do not occur more than twice in a twelve month period and you will be given one month’s written notice of any proposed increase.
- If you fail to make any payment due to the Supplier under these Terms then interest will apply on the overdue amount at a rate of 8% per annum above the base rate of Barclays Bank from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount.
- You shall pay all amounts due under these Terms in full without any set-off, counterclaim, deduction or withholding whatsoever.
- 5. Your Obligations:
- When you create any account with us you must provide information that is accurate and complete and current at all times. You must complete our on-line registration form and make due payment in respect of the same. It is your responsibility to ensure that the information is accurate and complete and no liability will be accepted whatsoever in relation to any incorrect information that you provide. Any failure or breach of these Terms may result in the immediate termination of your account on our Service.
- You are responsible for safe-guarding access to the Service. You must notify us of any breach of security or unauthorised use of your account.
- You shall not use any offensive, discriminatory or obscene language or Material or make any disparaging or defamatory comments against any third party or infringe any third party’s rights by use of our Service and any such behaviour determined entirely at our discretion may result in immediate termination of your account on our Service.
- You indemnify and hold harmless the Supplier its employees, contractors, agents, officers and directors from and against all claims, damages, losses, liabilities or expenses whatsoever arising out of your use or access of the Service, the Material lodged upon the same and your use of any account or password or breach of these Terms.
- You use of the Service is at your risk and there is no warranty as to merchantability, fitness for purpose, non-infringement or performance and there is no warranty that the Service will function uninterrupted or be available at all times or that the Service is free of any viruses or other harmful components or will meet your requirements.
- 6. Limitation of Liability:
- The Supplier shall under no circumstances whatsoever be liable to you whether in contract, tort (including negligence) breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising or in connection with the use of the Service or in connection with your use or access to or inability to access the Service or any conduct or content of any Material on the Service or any unauthorised access alteration or transmission of Material whatsoever.
- The Supplier’s total liability to the customer in respect of all losses arising in connection with the Service breach of statutory duty or otherwise shall in no circumstances exceed £100.00
- The limitation on liability applies to the Supplier and its Directors, employees, partners, agents or affiliates and extends to any loss whether direct, indirect, incidental, consequential or relating to loss of profit, data, use, goodwill or other intangible losses whatsoever.
- 7. Links to Other Web Sites:
- Use of the Service may contain links to third party web sites that are not owned or controlled by the Supplier. The Supplier has no control over and assumes no responsibility for those third party web sites, their policies or practices and by using the Service you acknowledge this and confirm that the Supplier has no liability for any losses you incur whether directly or indirectly in respect of the use of those third party web sites.
- The Supplier strongly advises that you read the Terms and Conditions and Privacy Policies of any third party web sites before accessing the same.
- 8. Termination:
- You may terminate your contract with the Supplier by providing one month’s notice in writing or by ceasing to use the Service for a period of one month. If you cease to use the Service for one month we will assume that termination has taken place and that you wish to terminate your account and you shall immediately pay all outstanding and unpaid invoices together with any accrued invoice.
- We shall retain all rights to continue to use the Material even though your use of the Service has been terminated and the provisions of these Terms which by their nature should survive termination shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- 9. General:
- We reserve the right at our sole discretion to modify, replace, vary or alter these Terms at any time. If any revision is made we will try to provide you with adequate notice of any new Terms that we believe are material. By continuing to access or use the Service after those revisions or changes have become effective you agree to be bound by those revised Terms and if you do not agree with those Terms you must stop using the Service.
- We may assign, transfer or sub-contract any obligations contained, mentioned or referred to in these Terms without reference to you.
- Any waiver of any rights and any delay shall not restrict the exercise of our rights under these Terms.
- Any notice must be in writing and addressed to ourselves at our Registered Office. The notice will be deemed received if sent by pre-paid first class post by next working day or on the second Business Day after posting, if sent by second class post.
- A person who is not a party to these Terms shall not have any rights to enforce those Terms.
- This Contract and any dispute arising out of or in connection with its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.
- Nothing in this Contract is intended to or shall be deemed to establish any partnership or joint venture between the parties and these Terms will not constitute any agency agreement. You have no rights to bind the Supplier in any way.