Rugby Roundup - TERMS AND
CONDITIONS OF USE
1. Who are we?
Rugbyroundup.com is part
of Round-Up UK Ltd whose registered address is:
156 Station Road
Earl Shilton
Leicestershire
LE9 7GD
UK
2. CONDITIONS OF USE
2.1 Use of our Services
and Web Site
The rugbyroundup.com web site
and any goods or services offered through it are for your personal and
non-commercial use only. Commercial use of this Web Site is strictly
prohibited.
You agree to comply with all
applicable laws, statutes and regulations in connection with the use of the Web
Site and our goods and services obtained via the Web Site.
By using the Web Site, you
unconditionally agree to be bound by these terms and conditions.
2.2 Restrictions on Use
As a condition of your use of
this Web Site and the Services you agree that you will not:
(a) Reverse engineer or
decompile (whether in whole or in part) any software available through the Web
Site.
(b) Remove, change or obscure
any product identification or notices of proprietary rights or any restriction
on or in the Services and/or the Web Site.
(c) Remove any copyright,
trade mark or other intellectual property right notices contained in material
on the Web Site or Services.
(d) Make copies, modify,
reproduce, republish, post, transmit, distribute or alter (including the
creation of HTML links to or from the Web Site) all or any part of the Web Site
or any materials contained on it.
2.3 Unlawful or
Improper Use
You must not use the Web Site
or the Supplies for any unlawful purposes. In particular, you must not:
(a) Publish, post, upload,
distribute, disseminate or otherwise transmit, information or pictures that are
obscene or pornographic, threatening, menacing, racist, offensive, defamatory,
libellous, or are alleged to be, or are in the opinion of Rivals, otherwise
unlawful.
(b) Submit files or text that
contain software or other materials in breach of any intellectual property
rights or in breach of confidence.
(c) Download any file of
materials posted by another user that you know, or reasonably should know
cannot be copied or otherwise used legally.
(d) Harass, stalk, threaten
or otherwise infringe the rights of others.
(e) Hack into any web site,
deliver viruses or engage in any behaviour likely to inhibit any other user
from using and enjoying the Web Site or the Services or that is otherwise
likely to damage or destroy the reputation of the Web Site or Round-Up UK Ltd.
(f) Advertise or offer to
sell goods or services throug any of the rugbyroundup.com websites or Forums.
2.4 Monitoring and
disclosure
Round-Up UK Ltd accepts no
obligation to (but may in its discretion) monitor the use of the Web Site
and/or the Services by you. Round-Up UK Ltd reserves the right to disclose any
information or material which may be provided by you if required by law or
regulations and to remove, refuse to post or to edit any such information or
material and to take such other action as may be reasonably necessary to
prevent any breach of these terms and conditions.
3. USERNAMES AND
PASSWORDS
Following any registration by
you and if applicable, Round-Up UK Ltd will deliver your user name and password
to you. Delivery may be by any reasonable means (including electronic or postal
delivery).
You must keep your user name
and password confidential at all times. Any breach of these terms and
conditions by anyone to whom you disclose your password will be treated as if
the breach had been committed by you, and will not relieve you of your
obligations under these terms and conditions.
You must take appropriate
security measures to prevent unauthorised disclosure of your user name and
password and you must notify Rivals immediately if your password becomes
known to any unauthorised user.
You must notify Round-Up
UK Ltd of any changes to your registration details.
4. INTELLECTUAL
PROPERTY RIGHTS
This Web Site and the
trade marks and any information or material used in connection with the Web
Site and its Goods and services are owned by Round-Up UK Ltd and/or
its licensors. You are not granted any right or interest in these except as
stated in these terms and conditions.
5. OPERATION OF THE
SERVICES AND WEB SITE
Round-Up UK Ltd may at its
sole discretion from time to time without notice change the format and content
of this Web Site and/or the Services and suspend the operation of the Web Site
and/or the Services. Examples of where this may be excercised are (and
not limited to) for repair/maintenance work, or in order to update or upgrade
the contents or functionality of the Web Site and/or the Services.
You are responsible for
obtaining and updating your own web browser, and for all amounts payable in
respect of connection to the internet including any telecommunications charges
for time spent online in respect of use of the Web Site.
You will comply with all
directions and instructions given by Round-Up UK Ltd in relation to the
use of and access to the Web Site and the Services. Round-Up UK Ltd does
not accept responsibility for the security or content of any information which
you may supply through the Web Site or the Services and will not be liable for
the content of any communications or messages received by you from other users.
6. DISCLAIMER AND
LIMITATIONS OF LIAIBILITY
Round-Up UK Ltd does not
exclude or limit liability for death or personal injury resulting from its
negligence or any other liability which may not, by applicable law, be excluded
or limited.
Subject to the paragraph
above in this clause 6, in no event shall Round-Up UK Ltd, its directors,
employees or other representatives be liable (whether for breach of contract,
negligence or for any other reason) for any loss of profits, loss of sales,
loss of revenue, loss of any software or data, loss of bargain, loss of
opportunity, loss of use of computer equipment, software or data, loss of or
waste of management or other staff time, or for any indirect, consequential or
special loss (howsoever arising).
Subject to the two paragraphs
above in this clause 6, Round-Up UK Ltd's liability to you whether in contract,
tort or howsoever arising is limited to the amount paid by you to Round-Up
UK Ltd in respect of the relevant Supplies.
You shall indemnify and keep
indemnified Round-Up UK Ltd against any loss or damage arising from your
unauthorised use of the Web Site or your disclosure of any password or username
and from all actions, proceedings, claims, demands, costs (including legal
costs), awards and damages howsoever arising, directly or indirectly as a
result of any breach or non-performance by you of any of your obligations under
these terms and conditions.
Round-Up UK Ltd supplies this
Web Site and its Goods and Services "as is" and, to the fullest extent
permitted by law, makes no representations or warranties (express or implied)
of any kind, including but not limited to, the accuracy, quality, suitability,
fitness for purpose or completeness of any information or materials made
available on this Web Site or the Goods and Services, or any third party web
sites linked from this Web Site. Round-Up UK Ltd shall not be liable for
any action taken by you as a result of your relying on any information provided
in this Web Site or the Goods and Services or third party web sites or for any
loss or damage suffered by you as a result of you taking such action or as a
result of you purchasing any Goods and Services from a third party.
Round-Up UK Ltd does not
accept responsibility for the security or content of any information which you
may supply through this Web Site or the Services and will not be liable for the
content of any communications or messages received by you from other users
including any content posted by other users in chat rooms or Forums.
You are solely responsible
for your use of this Web Site, Supplies, any username, password and any
information made available on this Web Site from time to time and for any
consequences or effects (whether direct or indirect) of such use.
Round-Up UK Ltd does not
warrant that this Web Site or the Goods and Services will be uninterrupted or
error or defect free and shall not be responsible for the non-performance or
interruption of this Web Site or the Services or for any viruses transmitted
through this Web Site or the Services.
Any links from this Web Site
to third party web sites do not constitute an endorsement by Round-Up UK Ltd of
any products or services available on such web sites and Round-Up UK Ltd does
not necessarily support or approve of them. You use such links entirely at your
own risk and Round-Up UK Ltd accepts no responsibility for the content or use
of such web sites or information contained in them.
7. BUYING GOODS AND
SERVICES ON THIS WEB SITE
7.1 Contracting party
You may be able to purchase
Goods and Services via this Web Site either direct from Round-Up UK Ltd or from
third parties. You must ensure that, if you do intend to make any purchases,
you know the identity of the company with which you will be contracting. Any
contract you conclude with third parties will be on their terms and conditions
and Round-Up UK Ltd will accept no liability whatsoever in respect of such
contracts. Third party terms and conditions should be available in the checkout
or other appropriate section of the relevant Round-Up UK Ltd or third
party web site. The following paragraphs of this clause 7 contain terms and
conditions relating solely to any sale or provision of Supplies direct to you
by Round-Up UK Ltd, not by any third party.
7.2 Prices
The prices of all Goods are
clearly marked in their description and are inclusive of VAT and duty (if
applicable) unless otherwise stated. All delivery charges are displayed
on this Web Site if applicable.
7.3 Conclusion of
Contract of Sale
Any Goods and Services and
prices of these Goods and Services displayed on this Web Site constitute an
invitation to treat. Once you go to the checkout section of this Web Site
(Whether hosted by ourselves or our payment provider) and click to purchase any
Goods or Services, this constitutes an offer made by you to Round-Up UK Ltd .
Acceptance of your offer only occurs once you receive notification from
Round-Up UK Ltd of acceptance of your order.
7.4 Period of Offer
Prices of any Goods and
Services may be changed by Round-Up UK Ltd at any time before the conclusion of
an agreement to sell i.e. once you receive notification from Round-Up UK Ltd of
acceptance of your order.
7.5 Payment
Payment is to be made by
credit or debit card and all credit and debit card information will be
encrypted for security.
7.6 Delivery
Delivery of any Goods will be
by courier or post depending on the size and nature of the Goods to be
supplied. The Goods will normally be delivered within 30 days of the placement
of the order. If delivery is delayed beyond 30 days, we will notify you that
this is the case and you will have an option to cancel your order if the delay
is unacceptable.
7.7 Substitutes
Should the Goods you order
not be available, substitute goods may be provided by RivalsRound-Up UK Ltd,
subject to your approval. If you should decide that any substitution of Goods
is unacceptable, Round-Up UK Ltd will pay for the cost of returning the Goods
and will also provide you with a full refund.
7.8 Cancellation
You may cancel your order at
any time before delivery, without affecting the continuance of this agreement
between Round-Up UK Ltd and you in relation to use of this Web Site. If any
money has been collected from your credit or debit card, this will be refunded.
Notification of cancellation must be either in writing and sent to the address
stated above or emailed to
support@rugbyroundup.com.
Once the Goods have been delivered, you may still return them to Round-Up UK
Ltd within 7 working days of delivery for a full refund, provided the Goods are
in good condition. Where Services have been ordered, you may cancel the order
within 7 working days of the day on which the order was placed, unless it is
for our Recuitment service where its own Terms apply.
8. TERMINATION
Round-Up UK Ltd reserves the
right to terminate this agreement and your access to this Web Site and the
Services at any time and without notice, for any reason whatsoever. Round-Up UK
Ltd also reserves the right to bar anyone from using this Web Site and its
Services.
On termination, you will
immediately stop using any username and password and the Services and will
return any such username and password to Round-Up UK Ltd within 5 days of such
termination and destroy (so that they cannot be retrieved) all records or
copies you may hold of the username and password and any information about or
obtained from this Web Site and the Services.
9. SMS RELATED
SERVICE
SMS
related services run on a subscription basis and as such require a few more
terms and conditions:
9.1 Payment
Payment for SMS services are worked
out on a monthly basis to ensure you pay for what you have received. Each
month is charged for in arrears and a statement sent to you. The season
is usually 8 or 9 months long and your subscription will automatically not be
charged for outside of this time, when no rugby games are played.
9.2
Subscription Continuation
Your subscription will automatically continue onto the next
season with the same club(s) unless the club(s):
-
Do not participate next season
-
Drop out of our covered leagues
-
The SMS Service ceases for the team(s) or Leagues(s)
-
You cancel your subscription as per the terms in 9.3 below.
In the event that only 1 of your chosen teams is still running the service (in
the case of the Club deal), your subscription will be moved to a more suitable
single team subscription or cancelled by Round-Up UK ltd.
9.3 Termination
A minimum of One Month's notice is required to cancel
an SMS subscription and will be rounded up to the end of the month that we
receive notice for. Therefore if you notify of cancellation on 17th of
October your service will be charged for up until the end of
November. As payment is One Month in arrears we will charge you for
the last months service at the end of the notice period. After the
last payment has been recieved we will no longer charge your credit card.
We require notice so that we can administrate to participating clubs and
charities the amounts owed to them in an accurate fashion.
Termination of competition services such as 6 Nations where
the whole service can be paid for up front will be dealt with as per
the conditions above.
Termination must be in writing and sent to
support@rugbyroundup.com and
must include your phone number and original order details.
Round-up UK Ltd reserve the right to stop the SMS service in part or its
entirety without notice. All refunds for non-used services will be paid
in this eventuality.
9.4 Club Payments
For every SMS subscription for a club, Rugby Roundup will profit share the with
that club, Currently not including Premiership or Magners teams. To
activate the profit share, there must be a minimum of 20 Subscribers for the
given team, regardless of where the subscribers are sourced from.
9.5 Club Payment Notification
Each club will be notified when the activation level of its subscribers
base has been reached. All payments will be summarised and paid out at
the end of each Season.
9.6 Club Terms
Each team is responsible for sending in the match Result within 5 minutes
of the Final Whistle for every game. Failure to do so gives Rugby Roundup
the right to cancel accrued profit for that week.
10. CONTACT
You may contact Round-Up UK Ltd about any problems or questions with this
Web Site at
support@rugbyroundup.com
11. GENERAL
These terms and conditions shall be governed by
and interpreted in accordance with the laws of England and you consent to the
exclusive jurisdiction of the English Courts in all disputes arising out of or
relating to the use of this Web Site or the provision of Supplies by Round-Up
UK Ltd. This Web Site is operated and controlled by Round-Up UK Ltd, from its
offices in the United Kingdom. Round-Up UK Ltd makes no representation that
information or material contained at its Web Site is appropriate for use in
other jurisdictions. Users who access the Web Site from other jurisdictions do
so at their own initiative and are responsible for compliance with any local
laws.
You agree that Round-Up UK Ltd may sub-contract
the performance of any of its obligations or may assign these terms and
conditions or any of its rights or obligations under them without notice.
Round-Up UK Ltd may delay enforcing its rights under these terms and conditions
without losing them. If any provision of these terms and conditions is found to
be unenforceable this shall not affect the validity of any other provision.
Round-Up UK Ltd may amend, vary or supplement these terms and conditions at any
time. Round-Up UK Ltd will post a notice of any such amendments on this Web
Site and such amended terms and conditions will automatically be effective.
These terms and conditions (as varied from time to time) form the entire
agreement of the parties and supersede all previous agreements, understandings
and representations relating to their subject matter.
|