End User License Agreement
PLEASE READ THESE TERMS CAREFULLY
BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
Who we are and what this agreement does
We Total Football Limited (company number 11906184) and trading as Centre Circle of Ashbury Works, Gorton Road, Manchester, England, M12 5AD license you, as permitted in these terms, to use:
· the browser-based software platform and application-based software platform and any updates or supplements to it (Platform);
· the related online documentation (Documentation); and
· the service you connect to via the Platform and the content we provide to you through it,
(collectively, the Software), under the terms of this End User License Agreement (EULA).
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them.
This information is provided in our Privacy Policy (centrecircleapp.com/policies/privacy-policy) and it is important that you read that information.
Other terms that may apply to you
The following documents also form part of these terms:
· our Cookie Policy ( ), which set out information about the cookies used by the Platform; and
· our Acceptable Use Policy ( ), which sets out the guidelines for users of the Platform.
The ways in which you can use the Platform and Software may also be governed by the rules and policies of the app store from which you download our Platform, and you agree to comply with the same. The relevant app store’s terms will apply instead of these terms where there are differences between the two.
If you are downloading an app-based version of the Platform, you may be required to have certain specification of device or operating system, or a certain amount of memory, in order to use the Platform.
Support for the Software and how to tell us about problems
If you want to learn more about the Platform or the Software or have any problems using them please take a look at our support resources on our website.
If you think the Platform or the Software is faulty or misdescribed, or wish to contact us for any other reason please email our customer service team at support@centrecircleapp.com.
If we have to contact you we will do so by email or by phone using the contact details you have provided to us.
In return for your agreeing to comply with these terms you may:
· download or stream a copy of the application-based Platform onto your own devices and view, use and display the Platform and the Software on such devices for your own purposes only;
· use any Documentation to support your permitted use of the Platform and the Software; and
· use the Software for your own purposes only using any browser.
Paid Software
From time to time, we may introduce additional services or functionality to the Software, which may at our discretion require a payment to access. If we do so, you confirm that you will pay any and all subscription fees. Where you use the Platform to access payment features, those features are governed by the applicable Software as a Service Subscription Agreement (SaaS Agreement), Marketplace Addendum, Payment Services Addendum or Payee Terms, which you will be asked to accept separately at the time you subscribe to those paid services. This EULA does not govern payment transactions.
Age of Users of the Software
To be able to use our Software you must (and by accepting these terms you confirm that you are) be either:
· over 18 years of age; or
· a parent or guardian of a user who is under the age of 18 and agree to these terms and our Privacy Policy (centrecircleapp.com/policies/privacy-policy) on behalf of the user.
If you are a parent or guardian confirming agreement to these terms on behalf of a user, you:
· confirm that you have full authority to bind the user; and
· will be jointly liable for the user’s compliance with these terms.
You may not transfer the Platform to someone else
We are giving you personally the right to use the Software as set out in these terms. You may not transfer your right to use the Platform or the Software to someone else, whether for money, for anything else or for free. If you sell or transfer any device on which the application-based Platform is installed, you must remove the Platform from it before doing so.
We may need to change these terms to from time to time.
We will give you notice of any change by sending you either an email, by phone or a message when you open the Software.
If you do not accept the notified changes you must cease to use the Platform and the Software.
Update to the Platform and changes to the Software
From time to time we may automatically update the Platform and change the Software to change our Software offering, or to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the application-based Platform for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform or the Software.
If someone else owns the phone or device you are using
If you download or stream the Platform onto any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the device.
We are not responsible for information, data or statistics on the Platform, or for third parties’ information, data or statistics
The Platform or any Software may contain links to other independent websites and may include information, data and statistics that have been provided by third parties (for example fixture lists and statistics). Such independent websites, information and data are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, information and data, including whether to buy any products or services offered by third parties.
We are not responsible for any information, data and statistics provided by third parties which is listed or included in our Software, and we give no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to such information or your use of it. You must ensure that you keep back-up copies of all information to ensure that you are able to continue to operate and fulfil your obligations without access to the Software.
You agree that you will:
· keep a secure password for your use of the Software, that such password shall be changed regularly in line with our requirements from time to time, and that you will keep your password confidential;
· not rent, lease, sub-license, loan, provide, or otherwise make available, the Software in any form, in whole or in part to any person without prior written consent from us;
· not copy the Platform, Documentation or Software, except as part of the normal use of the Software or where it is necessary for the purpose of back-up or operational security;
· not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform, Documentation or Software nor permit the Software or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Software as permitted in these terms;
· not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things; and
· comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Software.
You must:
· not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software or any operating system;
· not infringe our intellectual property rights or those of any third party in relation to your use of the Software (to the extent that such use is not licensed by these terms);
· not transmit any material that is defamatory, offensive, unlawful, harmful, threatening, obscene, infringing, harassing or racially or ethnically offensive or otherwise objectionable, that facilitates illegal activity, that depicts sexually explicit images, that promotes unlawful violence, that is discriminatory based on race, gender, colour, religious belief, sexual orientation or disability, or that is otherwise illegal or causes damage or injury to any person or property in relation to your use of the Software;
· not use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
· not collect or harvest any information or data from the Software or our systems or attempt to decipher any transmissions to or from the servers running the Software.
You accept:
· the EULA governs the software licence only;
· if you are a Customer under a SaaS Agreement, the SaaS Agreement applies to your subscription and payment services;
· if you are a Payee, the Payee Terms apply to your receipt of payments;
· in the event of conflict between this EULA and those agreements, those agreements prevail on matters within their scope.
Intellectual property rights
All intellectual property rights in the Platform, the Documentation and the Software throughout the world belong to us (or our licensors) and the rights in the Software are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform, the Documentation or the Software other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you
The limit of our liability to you depends on your relationship with us:
a) if you access the Software solely as an individual user with no separate agreement with us, our total liability to you is capped at the lesser of £100 or the amounts paid by you to us in the 12 months preceding the claim. If you have paid nothing, our liability is capped at £100;
b) if you access the Software as a Customer under a SaaS Agreement with us, the liability provisions of that agreement govern in place of paragraph (a) above;
c) if you access the Software as a Payee under the Payee Terms with us, the liability provisions of those terms govern in place of paragraph (a) above; and
d) if you hold more than one of the roles above simultaneously, our total liability to you arising from any single act or omission shall not exceed the highest applicable cap across all of your agreements with us. We shall not be liable under more than one agreement for the same act or omission.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation. The Software is provided for general information and organisational purposes only. It does not provide any guarantee that the information stored and included within it is accurate, and you should ensure that you check all information (including start times, locations and confirmed attendances) directly with any relevant third parties.
The Software does not offer advice on which you should rely. Although we make reasonable efforts to update the information provided by the Software, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the Software. We recommend that you back up any content and data used in connection with the Software, to protect yourself in case of problems with the Software.
Check that the Software is suitable for you. The Software has not been developed to meet your individual requirements. Please check that the facilities and functions of the Software meet your requirements.
We are not responsible for events outside our control. If our provision of the Software or support for the Software is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
We may end your rights to use the Software at any time
We may withdraw the Software or any part of it, and may end your rights to use the Software, at any time by contacting you. If you have breached these terms, then if what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the Software:
· you must stop all activities authorised by these terms, including your use of the Platform, the Documentation and the Software;
· you must delete or remove the Platform from all devices in your possession and immediately destroy all copies of the Software and Documentation which you have and confirm to us that you have done this; and
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed exclusively by the laws of England and Wales and you can bring legal proceedings in respect of the Platform exclusively in the courts of England and Wales.