TERMS & CONDITIONS.

Terms and Conditions for Users of our Services:

These Terms of Use (the “Terms”) describe the terms and conditions on which Sports Holdings Limited, a company registered in England and Wales with company number 12367873 (“Sports Holdings,” “we,” “us,” or “our”) with registered office Home Farm, Coytrehen, Bridgend, Mid Glamorgan, Wales, CF32 8YS makes its Services available to Organisations and Users “you”.

These Terms apply to all Services including all websites, mobile applications owned and operated by us or our affiliates that link to these Terms and all related online and offline services including any social media pages.

By using or accessing our Services provided in connection with our business (the “Services”), you are a User and confirm your agreement to be bound by these Terms and our Privacy Policy If you do not agree to these Terms and the Privacy Policy, please do not use or access the Services. The Terms expressly supersede any prior terms of use between you and us or any of our affiliates or predecessors.

Certain features, products or third party services that you use, purchase, or download through the Services may be subject to terms and conditions presented to you at the time that you use, purchase, or download them (in addition to these Terms, which will continue to be binding). Using, purchasing or downloading these features or products are subject to you accepting additional terms and conditions of use.

Our Services

Our Services include the ClubCore platform (‘the Platform’) where sports clubs, organisations and associations (‘Organisations’) interact with and communicate with Users and offer them merchandise, subscriptions and goods to purchase as well as us providing a range of complimentary services, functionality and offers. We also offer our own e-commerce platform selling a range of goods (‘Sports Offers’). The Terms and Conditions for Sports Offers can be found here. By using our Platform and Services and signing up to User Accounts, Users agree for us to market Sports Offers and services and products to them subject to our Sports Offer Privacy Terms. For the avoidance of doubt, even if an Organisation is no longer using our Platform, we retain the right to provide Users introduced by that Organisation with Sports Offers and other Services.

Our Platform is a venue for Organisations and the Users to interact. As a User you acknowledge that we do not form any contractual relationship between Users and Organisations and any contractual relationship and terms and conditions agreed between Users and Organisations are at the absolute discretion of Users and Organisations and we are not party to such an agreement in any way.

We have no control over any transactions that take place between Users and Organisations or the accuracy of any Organisations content, including but not limited to audio and video, images, text, e-mails, SMS, and other content. We have no control over the ability of Organisations to provide items or perform services or the ability of Users to pay for any goods and services. We make no representations or warranties and are not liable or responsible for the actions or inactions of our Users or Organisations.

Users agree that Organisations, and not us, are solely responsible and liable for the accuracy of the content uploaded by them to the Services. Users agree that we are not responsible for checking the identity, or for the behaviour, of Organisations or for establishing the nature, condition or existence of a Service.

Users agree that Organisations are solely responsible for the accuracy and content of any communications they provide to Users.

Users and Organisations acknowledge that we are not responsible for the accuracy of any content on any third party services linked to from our Services.

We do not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Organisations’ services. Organisations alone are responsible for the services they provide to Users.

Any Organisation who chooses to register on the Services agrees acknowledges that it acts exclusively on its own behalf and for its own benefit, and not on behalf, or for the benefit, of us.

We are not acting as an agent, guarantor or in any other capacity for any Organisation, and no relationship of employment, partnership or otherwise is created between the Organisation and us.

We assume no duty to investigate complaints, and we are not obliged to take any action against Organisations or Users, except as may be required by law.

Organisations agree they are solely responsible and liable for the accuracy of the content uploaded by them to the Services. Further Organisations agree we cannot be held responsible for any contract entered into, or relationship between any Organisation and User.

Organisations agree that they will abide by any contractual and legal commitments they make to Users on the Platform.

Communication Between Users and Organisations

We offer a messaging and communication system, ‘the System’ via which Organisations can contact Users.

We cannot verify the accuracy or otherwise of any comments or messages transmitted via the System and Users agree we are not responsible or liable for any such communications.

Users agree we are not responsible for checking the identity, or for the behaviour, of Organisations or for establishing the nature, condition, quality or existence of any Organisation’s services.

Organisations and Users are prohibited from using any obscene or defamatory language on the System.

Organisations and Users are prohibited from sending spam or unauthorised messages via the System.

Organisations and Users agree that, by submitting any content, comments, reviews or information to our Services, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content, comments or information (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such content. We reserve the right, in our sole discretion, to delete, edit or modify any content and communications submitted by you and/or to close any topic, at any time without notice to you.

All reviews provided by Users must be from Users who have used the Services  being reviewed, or by his/her authorized representative, and we reserve the right to decline or remove reviews if we find this is not the case. We reserve the right to remove any reviews at our discretion. Users and not us are liable for incorrect, misleading, or fraudulent reviews.

We are not liable for any mis-use of the System.

We reserve the right to suspend any Organisation’s or User’s access to the Services  that violates these rules or who engages in offensive and detrimental behaviour, including behaviour that shocks, insults, or offends the community, public morals and decency, including through making racist, discriminatory or offensive comments or by taking actions that are not in keeping with our Terms.

Organisations agree that they will only use any information (personal or otherwise) provided by Users via the System to communicate with Users via the System. If Organisations communicate with users outside of the System they need to ensure they comply fully with data protection regulations, must have obtained consent from the data subjects for processing their personal data and must have applied all the guarantees required for processing their personal data. Organisations shall handle all User data according to the provisions of the applicable personal data protection regulations in force, including the standard contractual clauses set forth by the European Commission.

Intellectual Property Rights

The intellectual property rights in all content that appears on or relates to the Services, including but not limited to audio and video, images, text, trading names and databases, is protected by is owned by or licensed to us. Reproduction of any part of our Services, in whole or in part, including the copying of text, graphics, audiovisual content or designs, is expressly prohibited.

Users are permitted to download and print individual pages of the Service solely for their own personal use provided that you do not modify any content without prior express consent of us.

Where an Organisation or User uploads to the Services or submits any content of any type, including text, images and audiovisual content, you undertake that you have the right and any necessary consents to do so.

By submitting reviews to the Services, Users authorise us to use them across the Services at our discretion.

Organisations and Users hereby indemnify us against all intellectual property right infringement claims due to materials provided by you onto the Services.

Where an Organisation uploads or transmits through the Services any content of any type, including text or images, the Organisation undertakes that it has the right to do so, and has been granted the necessary consent by any persons featured or Organisations of featured items.

To the extent that an Organisation’s content and other uploads may contain trademarks, the Organisation declares that it has the right to use them, including sublicensing rights.

By uploading any form of content to the Services, the Organisation authorises us and each of the our Affiliates to display and disseminate the content in connection with the performance of the Services.

To promote us and to increase the exposure of the Organisation to potential Users, the Organisation’s content may be displayed on other websites, in applications, on social media, within emails, and in online and offline advertisements, and by registering for the Services the Organisation grants permission for such use.

The Organisation grants us and our affiliates a worldwide, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content, communications, listings and submissions it provides to our Services. By submitting Intellectual Property to the Services, Organisations authorise us to use them across the Services at our discretion.

We own all Intellectual Property Rights to any data, analytics, user patterns or any information received from, aggregated from or derived from Users on our Platform and Services.

Account details

Users of our Services may be required to register to create a User Account (“User Account”) in order to access certain features or areas of our Services. We do not authorise anyone to register for a User Account unless they are able to enter into legally binding contracts.

Only Users over the age of 18 can purchase any merchandise or subscriptions from Organisations or Sports Offers via the Platform. By purchasing any such goods or subscriptions via the Platform you confirm you are over 18 years of age.

Users agree to provide true, accurate, current, and complete information about themselves as prompted by the applicable registration or log-in form, and Users are responsible for keeping such information up to date (this includes your contact information). You are responsible for all activity occurring when the Services are accessed through your account, whether authorised by you or not.

Therefore, if you create a User Account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

Information uploaded onto User Accounts must be truthful and accurate.

Users can deactivate their User Account at any time by contacting the relevant Organisation. Users will still receive Sports Offers and communications from us, but can unsubscribe at any time by contacting us.

Organisations and Users are responsible for ensuring that their communications, and content posted through or in connection with the Services, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright, data protection law or the content guidelines. Without prejudice to any other available remedies, we shall be entitled immediately to remove from the Services any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Organisation or User.

We reserve the right to suspend or remove a User Account at any time.

We reserve the right  to terminate an Organisation’s use of the Services at any time and immediate effect including removing any content and removing an Organisation’s access to the Services if we determine, or an allegation is made, that (a) an Organisation’s content is deemed false or misleading, or against the law or any applicable regulations or the rights of any person or entity; (b) an Organisation has misused the Services; (c) the Organisation is in material breach of these Terms and Conditions or any other obligations owed to us, any of our Affiliates or Users; (d) an Organisation has been abusive or offensive to any User, or any employee or representative of Us; or (e) an Organisation uses a false identity, then, notwithstanding any other remedies we may have pursuant to these terms and conditions, we shall be entitled to terminate this agreement with such Organisation immediately and remove an Organisation’s access to the Services.

Organisations using our Services are required to register to create an Organsation Account (‘Organisation Account’) in order to access certain features or areas of our Services. We do not authorise anyone to register for an Organisation Account unless they are able to enter into legally binding contracts.

Organisations agree to provide true, accurate, current, and complete information about themselves as prompted by the applicable registration or log-in form, and Organisations are responsible for, and agree to, keeping all listing information accurate and up to date.

Organisations are responsible for all activity occurring when the Services are accessed through your account, whether authorised by you or not.

Therefore, if you create an Organisation Account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

Organisations are responsible for ensuring that all the content and information they provide and communications they have with Users, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright, data protection law or the content guidelines. Without prejudice to any other available remedies, we shall be entitled immediately to remove from the Services any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Organisation.

We reserve the right to suspend or remove any Oganisation Account at any time at our sole discretion.

We reserve the right to decline to publish any Organisation’s content on our Services at our sole discretion.

If we, including as a result of information provided by Users, suspect that the Organisation has supplied false information, the Organisation acknowledges that we are entitled to carry out identity checks on the Organisation or to prove the existence of a Organisation, and if requested to do so, the Organisation agrees to promptly supply to us such proof of identity or evidence of a Service’s existence as we request.

We have the right to refuse registration to an Organisation for any reason at our absolute discretion.

Fair Use Policy

Users cannot directly or indirectly:

(i) breach any of the conditions contained within these Terms

(ii) With respect to our Services, content, and databases comprised in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same

(iii) Monitor content on the Services by means of robots, spiders, or other automatic instruments

(iv) Use the Services purposes other than those referred to in these Terms;

(v)  Reproduce any portion of the Services on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Services, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;

(vi) Upload or send to the Services any contents or programs, which on account of their size or nature, might damage our, Organisations’ or other Users’ computers or networks;

(vii) Include content on the Services that breaches any applicable criminal or other laws, or encourages any such breach;

(viii) Use or access the Services in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus“ includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user’s hard disk);

(ix) Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing“ (whether primary, secondary or other) or that would give rise to criminal or civil liability;

(x) Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material

(xi) Refer to us or any Organisation in any way that might lead someone to believe that the User of the Services is sponsored by, affiliated with, or endorsed by us or any Organisation.

(xii) Use the Services to gain competitive intelligence about us, the Services, or any product offered via the Services or to otherwise complete with us or our affiliates, or use information on the Services to create or sell a similar product or information.

(xiii) Create an account in another person’s or entity’s name, create more than one account, use another’s account or impersonate another person or entity. Manipulate or forge identifiers to disguise the origin of any information posted on the Services or otherwise provided to us or our employees.

(xiv) Engage in tactics, or direct or encourage others, to attempt to bypass the Services or our systems to avoid complying with any of our applicable policies, including these Terms, paying applicable fees, or complying with other contractual requirements.

Indemnification

Organisations and Users shall indemnify and hold us and our affiliates in all other countries harmless against any claims by third parties brought against us arising out of or in connection with any breach of these Terms on the part of the Organisation or User.

 

Data Protection and Privacy

We comply with data protection obligations. Our Privacy Policy describes how we handle the information Users provide to us when you use our Services and where such information constitutes personal data under applicable data protection legislation. Please refer to that policy for further details regarding the collection, processing and use of the information you provide by us and our affiliates. To the extent that you interact directly with any Organisation through our Services, you are subject to their privacy policy in connection with such interactions.

Users authorise us to forward contact details, including e-mail, phone numbers and other relevant personal details, to Organisations as part of using the Platform, the System and our Services.

Disclaimer

You agree that use of the Services is at your own risk.

We make no promises that:

  • The Services will be available at any particular time,
  • The Services will meet any particular requirements or provide any particular results,
  • The information on the Services will be accurate or up to date,
  • The Services or the information transmitted to or from them or stored on them will be secure from unauthorised access,
  • Information and content that you store in your Organisation account, User account or on the Services will remain retrievable and uncorrupted, or
  • The Services will be uninterrupted or error-free or will be free of viruses or other harmful components, or that defects will be corrected.

Although we try to ensure that the information posted on the Services is accurate and up-to-date, we reserve the right to change or make corrections to any of the information at any time. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available on the Services. We do not provide advice and we cannot be expected to know what use you may make of the information posted on the Services.

Liability

In no event will we be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the Services, your use of the Services and/or any transaction between Users and Orgnisations, even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the Services or you do not agree with any part of these Terms, then your sole and exclusive remedy against us is to discontinue using the Services. Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from its negligence; nor for our fraud or fraudulent misrepresentation.

In any event, our total liability to the Organisation or any third party in any circumstance arising out of or in connection with the Services is limited to the greater of (a) the amount of fees the Organisation pays to us in the six months prior to the action giving rise to liability, and (b) £500.00 in the aggregate.

Other Terms

These Terms shall be governed by and construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.

We reserve the right to assign or subcontract any or all of our rights and obligations under these Terms, to a third party.

These Terms contain the entire agreement between us and Users and Organisations relating to their subject matter.

Our failure to act with respect to a breach of these Terms by Users or Organisations or others does not waive our right to act with respect to subsequent or similar breaches.

The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms.

The invalidity of one or more provisions of these Terms shall not affect the validity of the other provisions.

Contact Us

Our details

Our address for correspondence is: Office 1, Tondu Enteprise Park, Bryn Road, Aberkenfig, Bridgend, CF329BS

Our contact details are:

Tel: +44(0)1656856766

Email: info@sportsholdings.co.uk

These Terms

We reserve the right, in our sole discretion, to change or modify these Terms at any time. It is your responsibility to check the Terms periodically because any changes will be binding on you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Last Updated: October 2020

 

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