Terms & Conditions

 

Last updated: July 2016

 

Welcome to ClubApp / www.ClubApp.ie (our site, our application), the online platform where sports teams can broadcast real time information such as live match updates and scores. You can access our site through the internet on any mobile device (via our web app) or via native applications downloaded from iOS App Store or Android App Store.

 

This page (together with the documents referred to on it) tells you the Terms and Conditions on which you may make use of our site and services as a registered user including SMS, APIs, email notifications, applications, buttons, and widgets, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our site.

 

Please read these Terms and Conditions carefully before you start to use the site. By using our site, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please refrain from using our site.

 

1. INFORMATION ABOUT US

 

Our site is operated and owned by ClubApp Ltd whose registered address is Unit 9, 78 Furze Road, Sandyford Industrial Estate, Dublin 18, Ireland with registration number 519858 (“we, us or our”).

 

2. ACCESSING OUR SITES/APPLICATIONS

 

Access to our site and applications is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

 

We may make some parts of our site/application, or our entire site/application, available only to users who have registered an account with us. Accordingly you may be required to register an account with us and submit certain personal data to access certain parts of our site/application.

 

ClubApp is not aimed at Minors. You must only register an account with us or share personal information with us if you are not a Minor (the age of Minors is determined by local laws where you reside). In any case you must be 13 years or over in order to use our site and services. If you are over the age 13 but under the age of 16 then you should have a parent or guardian review and approve these Terms and Conditions on your behalf prior to you using the site.

 

You may not sell or transfer your account to any other person without our prior written approval.

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.

 

When using our site, you must comply with the provisions of our Acceptable Use Policy and Privacy Policy & Cookie Notice.

 

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

 

Some of the functionality and services available to you via our site are provided by third party partners and you may be required to register an account with that party to use all the functionality or services of our site. Although we have carefully chosen our partners, you should fully review any additional terms and conditions or privacy policy which you may be required to consent to when you register an account with that party. Please note that we are not responsible for the contents of such Terms and Conditions or privacy policy, or our partners performance towards you.

 

As a condition of us (and/or our partners) providing the site and services available on it to you, you confirm that you will use the site and the services available for your personal, non-commercial use only.

 

3. INTELLECTUAL PROPERTY RIGHTS

 

There are two types of content on our site: (1) content of which we are the owner or the licensee of; and (2) user submitted content which is submitted in accordance with these Terms and Conditions.

 

We own or are the legal licencee of all intellectual property rights in our site which is not user submitted content. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

User submitted content will be considered non-confidential and non-proprietary, and we have the irrevocable and perpetual right to use, copy, distribute and disclose to third parties any such material for the use within the site and our business. You hereby grant us an unrestricted non-exclusive license to do so and you hereby waive all moral rights in the user submitted content. You also agree that this licence includes without payment to you the right for us to provide, promote, and improve our site and services and to make user submitted content submitted to or through our site or services available to other companies, organisations or individuals with whom we syndicate, broadcast, distribute or publish to on other media and services subject to the Terms and Conditions.

 

We treat user submitted content very seriously and are committed to protecting and respecting it. Accordingly, you grant us the right to bring an action for infringement of such rights by a third party (including copyright and any other intellectual property rights) in user submitted content. You may print off one copy, and may download extracts, of any page(s) from our sites or application for your personal reference and private use only.

 

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

 

You must not use any part of the materials on our site (including without limitation any illustrations, photographs, video or audio materials) for any purpose other than your own personal and non-commercial use only without obtaining a licence to do so from us or our licensors in writing. If you have any questions, comments or requests in relation to obtaining a licence, please contact us by emailing info@clubapp.ie

 

With respect to user submitted content, no representation or warranty is made by us in respect of that content and we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any user submitted content or any communications posted via our sites/applications or the services nor do we endorse any opinions expressed via the services. You may only submit content to the site which you are entitled to do, and you should carefully note the contents of sections 7, 8 and 9 below.

 

4. RELIANCE ON INFORMATION POSTED

 

Commentary and other materials posted on our sites/applications are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

 

5. OUR SITES/APPLICATIONS CHANGES REGULARLY

 

We aim to update our site/applications regularly, and may change the content at any time. If the need arises, we may suspend access to our sites/applications, or close them indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Modification – We may modify, update, or discontinue the Services, Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to request a download of your content. ClubApp reserves the right to discontinue a Service in its entirety at the discretion of the product team.

 

6. OUR LIABILITY

 

The material displayed on our sites and applications and any content you may access or download is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and other members of our group of companies and third parties connected to us hereby expressly exclude:

 

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites/applications or in connection with the use, inability to use, or results of the use of our sites/applications, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data;

loss of goodwill;

wasted management or office time; and any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

 

7. UPLOADING MATERIAL TO OUR SITES/APPLICATIONS

 

We provide a feature that allows you to upload material (by way of example including but not limited to posts, images, text, graphics and videos) which you can contribute to our site, or to make contact with other users of our site, if you make use of such feature then you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you agree to indemnify (fully compensate) us for any breach of that warranty.

 

Any material you upload to our site must be owned by you.

 

Material which you submit will be considered non-confidential and non-proprietary, and we have the irrevocable and perpetual right to use, copy, distribute and disclose to third parties any such material for the use within the site.

 

We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

 

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

 

We have the right to remove any material or posting you make on our site.

 

8. MODERATION OF COMMENTS AND MATERIAL

 

Please note that we do not actively moderate comments, posts or other content which users may submit to our site. We rely upon community moderation of our site and we may enable you to notify us of material posted or uploaded that is in breach and/or contravenes our Acceptable Use Policy below. As a result, care should be taken when allowing minors to use our site.

 

We shall examine carefully a comment or other material which a user notifies us as being inappropriate, and we shall exercise in our discretion our right to remove such content.

 

9. ACCEPTABLE USE POLICY

 

The following provisions set out our site’s Acceptable Use Policy that you must comply whilst you use our site:

 

A. PROHIBITED USES

 

You may use our site only for lawful purposes. You may not use our site:

 

In any way that breaches any applicable local, national or international law or regulation.

In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

For the purpose of harming or attempting to harm minors in any way.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).

To create serial accounts for disruptive or abusive purposes or with overlapping use cases.

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). Examples of the factors that we will take into account when determining what conduct is regarded as spamming are:

If you post misleading links;

A significant number of spam complaints have been filed against you;

If you post the same content over multiple accounts or multiple duplicate updates on one account;

If you post multiple unrelated updates to a trending or popular topic;

If you add a large number of unrelated users to lists in an attempt to spam a service or link;

Creating or purchasing accounts in order to gain followers.

You also agree:

 

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms and Conditions.

Not to access without authority, interfere with, damage or disrupt any part of our site including without limitation in any way that causes or is likely to cause, distress to any person, or for the purposes of spamming or sending unsolicited emails or messages;

any equipment or network on which our site is stored;

any software used in the provision of our site; or

any equipment or network or software owned or used by any third party.

You also agree:

 

Not to engage in username squatting. Accounts that are inactive for 6 months or more may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are:

the number of accounts created; or

creating accounts for the purpose of preventing others from using those account names; or

creating accounts for the purpose of selling those accounts; or

using feeds of third-party content to update and maintain accounts under the names of those third parties.

 

B. CONTENT STANDARDS

 

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

 

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

 

Contributions must:

 

Be accurate (where they state facts).

Be genuinely held (where they state opinions).

Comply with applicable law in the Ireland and the UK and in any country from which they are posted.

Contributions 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 race, 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.

 

C. SUSPENSION AND TERMINATION

 

We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with any part of this Acceptable Use Policy constitutes a material breach of the Terms and Conditions, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.

Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

D. CHANGES TO THE ACCEPTABLE USE POLICY

 

We may revise this Acceptable Use Policy 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 make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our site.

 

10. COPYRIGHT INFRINGEMENT NOTICE AND TAKE DOWN POLICY

 

We have taken all reasonable steps to ensure that material made available to you on our site has been cleared for use. However if you believe that there is material on our site which you have certain intellectual property rights in and to which you have not granted permission to be used, then you should notify us in accordance with this clause.

 

A notice of alleged copyright infringement should be sent to our designated copyright by email at support@clubapp.ie

 

Your notification of claimed copyright infringement must be addressed to our copyright agent and you should include the following information:

 

A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed.

Specific identification of each copyrighted work claimed to have been infringed so that we may identify the work on our site.

A description of where the material believed to be infringed is located on our Site including URL to help us identify the material you are alleging is infringed.

Your contact information, including your complete name, address, telephone number, and email address so that we may contact you in respect of your claim.

A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, (and that we can rely on such statement in a court of law), that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly.

 

11. VIRUSES, HACKING AND OTHER OFFENCES

 

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

 

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 our site will cease immediately.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

12. LINKS FROM OUR SITE

 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

14. MOBILE PAYMENTS

 

Transactions –  All transactions made within club stores are between the merchants (clubs) and their users (purchasers). ClubApp does not hold any purchaser information from the merchant stores. Any cancellation/refunds of purchases is handled directly by the club and not by ClubApp personnel.

Demo Purchases – Only purchases made on the ClubApp demo store are handled by ClubApp personnel. Cancellation of items purchased on the demo store are handled on a case-by-case basis by your assigned ClubApp support team member at the time of your demo. Your assigned ClubApp support team member is the designated person to assist you in completing a demo purchase when you are a club who is setting up their store.

Subscription Refunds – Should you request a refund at any time within the duration of service, you will be provided with a pro-rata refund for any unused fees for that Service that you may have prepaid – less the setup and graphic costs applicable, if any.

All refunds from Club specific stores are handled by the merchant club. Please contact your Club for any further information on Club policies.

 

15. JURISDICTION AND APPLICABLE LAW

 

The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These Terms and Conditions are governed by Irish law.

 

16. TRADE MARKS

 

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on our site are registered and unregistered Trademarks of ours and others. Nothing contained on our site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on our site without our written permission or the written permission of such third party that may own the Trademarks displayed on our site. Your misuse of the Trademarks displayed on our site, or any other content on our site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

17. VARIATIONS

 

We may revise these Terms and Conditions 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 site.

 

18. ENTIRE AGREEMENT

 

These Terms and Conditions form the entire agreement between you and us. In the event that any term is found to be unenforceable, it shall be varied with the minimum changes required to give it enforceability in your jurisdiction. All other terms shall remain the same.