Application
Effective: 1 April 2021
These Terms of Service (“Terms”) and Conditions apply between you, the user of the mobile application and website, referred to herein as the “Customer”, “you” or the “user” and Sportch Limited, the owners and operators of the mobile application and website, referred to herein as “Sportch”, “the Supplier”, “us” or “we”. We govern your use of our applications, products, websites (including any sub-domains, unless expressly excluded by their own terms and conditions) and content (“Services”).
By using our Services, you will be agreeing to our terms and conditions. Please read these terms and condit
ions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of our Services. If you do not agree to be bound by these terms and conditions, you should stop using our Services immediately. Before registering an account on our mobile application or website, you will be asked to agree to these Terms and Conditions. If you do not agree to these Terms, you cannot register, and should not use our Services. You can only receive services from our mobile application or website if you are eligible to enter into a contract and are at least 18 years old. Nothing in these Terms can be applied or transferred to any third party.
We reserve the right to change these Terms at any time. If a change is material to your use of our services, we will let you know before they take effect. By using Sportch on or after the effective date of a new Terms of Service contract, you are agreeing to the new Terms. If you don’t agree to them, you should request the deletion of your account before they take effect, otherwise your use of the site and content will be subject to the new Terms. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
In these terms and conditions, user or users means any third party that accesses the Website and is not either:
(i) employed by Sportch and acting in the course of their employment or
(ii) engaged as a consultant or otherwise providing services to Sportch and acting in connection with the provision of such services.
You must be at least 18 years of age to use our Services. By using our Services and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Interpretation
“Consumer” means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession also referred to herein as “Customer” and “you”;
“User/Users” means any third party that accesses the mobile application or website and is not employed by Sportch and acting in the course of their employment;
“Sportch Limited” means the business trading as “Sportch” registered at Kemp House, 160 City Road, London, EC1V 2NX, United Kingdom;
“Contract” means the legally-binding agreement between you and us for the supply of the Services;
“Delivery Location” means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
“Durable Medium” means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
“Goods” means any goods that we supply to you with the Services, of the number and description as set out in the Order;
“Order” means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the website;
“Privacy Policy” means the terms which set out how we will deal with confidential and personal information received from you via the mobile application or website;
“Services” means the services advertised on the Website, including any Goods, of the number and description set out in the Order, and any use of Sportch’s sites, services, mobile apps, products, and content;
“Website” means our website sportch.co.uk (and any subdomains) on which the Services are advertised;
“Mobile Application” means our software applications (“apps”) including any design, coding, and content which is designed to run on a portable device such as a mobile phone, tablet, or watch.
Services and Goods supplied
The description of the Services and Goods is as set out in the website, mobile application, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services are subject to availability. We give no warranty that the Service will be free of defects and / or faults.
We reserve the right to make changes to the Services which are necessary to comply with any applicable law or safety requirement, or for any other reason. These terms and conditions will apply to any new changes.
Sportch does not accept any liability for any disruption or non-availability of the mobile apps or website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
User responsibilities
You can only receive services from our mobile application or website if you are eligible to enter into a contract and are at least 18 years old.
You may only use our products for your own personal use, and you must not use our products for any other purposes (including commercial).
You may only use Sportch for commercial purposes if you have been registered and approved as a Partner or service provider.
You must not edit or otherwise modify any material on our products, nor shall you:
You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any account under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
You may not use our Services for any of the following purposes:
a. in any way which causes, or may cause, damage to our Services or interferes with any other person’s use or enjoyment of our Services;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
When using our Services and when submitting Content to the Mobile Application or Website you should do so in accordance with the following rules:
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect without written notice to you.
Personal information and Account Registration
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
You may cancel your registration at any time via email or by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using our Services. Cancellation or suspension of your registration does not affect any statutory rights.
When registering to use our Services you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them confidential.
By continuing to use our services you represent that any information you submit is accurate and truthful and that you will keep this information accurate and up-to-date.
If your private username and password has been accessed by an unauthorised user, you shall notify Sportch in writing immediately.
If we have reason to believe that there is or is likely to be any misuse of our Services or breach of security, we force a change to your password or suspend your account.
You must not use any other person’s account to access our products, without express permission from that account holder.
You must provide accurate information about yourself and your identity when making an account or engaging in any communication or while using our Services.
You must only create one account for personal use only, and no other account for any commercial use, as stated above.
By submitting content, you represent that you are the author of such Content or that you have acquired all the appropriate rights or permissions to use the Content in this fashion. Sportch accepts no responsibility or liability for any infringement of third-party rights by using, modifying, or removing such Content.
Unless otherwise agreed in writing by both parties, all Content submitted by users is for publication through our Services and other such uses as Sportch may deem appropriate under a royalty-free, perpetual basis.
Sportch will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
We retain and use all information strictly under the Privacy Policy.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
Content
We reserve all rights to all content on our mobile application and website, including but not limited to, any branding, graphics icons, logos, video clips, page design or layout, underlying code, software advertising or material is property of Sportch. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
We reserve the right to amend or update our content at any time including periodic re-calibration of player Sportch Ratings.
You may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from Sportch unless otherwise permitted by law.
You agree that:
Intellectual property and acceptable use
All Content included with our Services is the property of Sportch, our affiliates or other relevant third parties. In these terms and conditions, “Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of our Services, including any such content uploaded by users. By continuing to use our Services you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
b. retrieve, display and view the Content on a portable device
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without the written permission of Sportch.
You acknowledge that you are responsible for any Content you may submit via our Services, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through our Services any Content that:
(i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable;
(ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or
(iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto our Services.
You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Sportch for all claims resulting from Content you supply.
Termination and suspension
We can, without notice, restrict, edit, suspend or terminate your account and any use of an associated account with your identity for any good cause, including, but not limited to:
Links to other websites
Our Services may contain links to other sites. Unless expressly stated, these sites are not under the control of Sportch or that of our affiliates.
The inclusion of a link to another site from our Services does not imply any endorsement of the sites themselves or of those in control of them.
We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
As a user, you understand that by including links to other websites does not imply that Sportch endorses or promotes other websites and Sportch indemnifies itself from damage that may arise from any form of reliance on the content of these other websites.
As a user of Sportch, you may link your account with other third-party social web services including, without limitation to, Facebook and Twitter, which are subject to their own Terms and Conditions. If you decide to link your account with other third-party social web services using our Services, you agree that we may receive the personal information you have provided to those third-party social web services (including, without limitation to, your name, profile picture, email address and all other information you have chosen to provide). You understand and agree that this personal information will be collected by Sportch and may appear in your profile.
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation regarding your personal information.
These Terms and Conditions should be read alongside, and are in addition to our privacy policy, which is incorporated into these Terms and Conditions by this reference. To view the privacy policy, please go to the legal section of the Sportch app or visit our website.
By accepting these Terms, you are giving consent to Sportch to place cookies on your device.
For the purposes of these Terms and Conditions:
We are a Data Controller of the Personal Data we Process in providing the Services to you.
Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
For any enquiries or complaints regarding data privacy, you can contact the company founder at the following e-mail address: contact@sportch.co.uk.
Communications
Sportch reserves the right to monitor any and all communications made to us or using our System.
Content submitted by Users is not screened by Sportch prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to contact@sportch.co.uk. This does not constitute an undertaking to explain our actions.
Sportch may retain copies of any and all communications made to us or using our System.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to (email address). Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Sportch may from time to time send you information about our products and/or services. We may also send you information regarding your account activity and purchases, as well as updates about the Website and Service as well as other promotional offers. You can always opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence; or you can opt-out of any marketing emails by managing your notifications, which is available as part of your Sportch account.
Basis of Sale
The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on our mobile application or website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the Services requested or Goods Purchased only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer or User. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Fees and Payment
The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the mobile application or Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
Fees and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
Delivery
We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
in the case of Services, within a reasonable time; and
in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges. Sportch determines what is an appropriate reduction in Fees.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Conformity
We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
It is not a failure to conform if the failure has its origin in your materials.
We will supply the Services with reasonable skill and care.
In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
Disclaimers
Sportch makes no express or implied warranty or representation that our mobile application or website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this mobile application or website is intended to constitute advice, nor should the content be relied upon when making any decisions or taking any action of any kind. The user accepts that they use our Services at their own risk.
The information on the mobile application and website is not designed with commercial purposes in mind. Commercial use of the Content of the mobile application or website is forbidden under these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and Sportch makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
Whilst every effort has been made to ensure that all descriptions of services available from Sportch correspond to the actual services available, Sportch is not responsible for any variations from these descriptions.
Whilst Sportch uses reasonable endeavours to ensure that the mobile application and website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard. All users are responsible for their own security, that of their personal details and their devices when accessing our Services.
Any online facilities, tools, services or information that Sportch makes available through our Services is provided “as is” and on an “as available” basis. We give no warranty that our Services will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Sportch is under no obligation to update information on our Services.
Sportch accepts no liability for any disruption or non-availability of our Services.
Sportch reserves the right to alter, suspend or discontinue any part (or the whole of) our Services including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of our Services unless it is expressly stated otherwise.
Liability
Nothing in these terms and conditions will:
(i) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;
(ii) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or
(iii) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
To the extent that our Services and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Sportch accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
Sportch does not exclude liability for:
(i) any fraudulent act or omission; or
(ii) death or personal injury caused by negligence or breach of the Sportch’s other legal obligations.
Subject to this, we are not liable for
(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
(ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not using our services for your business, trade, craft or profession.
You and Sportch both agree to limit claims against each other solely to direct damages. Neither of us will claim any damages that are indirect, special, consequential, incidental, treble, or punitive. For instance, any unauthorised access, use, or changes to your account.
You and Sportch both agree to resolve disputes only by arbitration or in small claims court. You understand that by agreeing to this, you are giving up your right to bring a claim in court in front of a jury. While the procedures may be different, an arbitrator can award the same damages and relief, and must honour the same terms in this agreement, as the court would. Unless agreed otherwise in writing, the arbitration will take place in the county closest to Sportch’s registered office.
This agreement does not allow class or collective arbitrations, even if other relevant legislation governing arbitration would. Any question regarding the enforceability of this agreement shall be decided by a courtroom judge and not an arbitrator.
If either party decides to seek arbitration under this agreement, the party seeking the arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice must describe the nature of the claim and the relief being sought. It must be sent to the company founder at the registered address above. If we are unable to resolve the dispute within these 30 days, either party may then proceed to file a claim for arbitration.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
General
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to our Services from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforce-ability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
Governing Law, Jurisdiction and Complaints
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints as follows:
