S20APP- Terms and Conditions
These Terms and Conditions govern your use of our website at www.s20app.com (the “Website”) and the service available through the Website (the “Service”). Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions please do not use this Website or our Service. If you have any questions about these Terms and Conditions please contact us.
1. Information About Us
The Website and the Service is operated by S20APP.COM Limited a limited company registered in England and Wales under company number 07621456 with its registered office at Greensfield Business Centre, Mulgrave Terrace, Gateshead, Tyne & Wear, England, NE8 1PQ. Please visit the Contact Us page on this website for our contact details.
2. The Service
The Service enables a football coach or assessor (the “Assessor“) to purchase a subscription and to create an account (an “Account“) which they can access via the Website. Assessors can then use their Account to help them analyse the performance of players who they are involved in coaching or assessing (“Players“). In particular, Assessors can use their Accounts to generate reports and charts in relation to Players and to interact and communicate with Players. To purchase a subscription Assessors should click on the “Join Today” link on the Website and follow the online prompts.
Once they have subscribed to the Service, an Assessor is able to authorise Players who they are involved in coaching or assessing, to connect to their Account. If the Player has not used the Service before, the Assessor will need to input the Player’s name and email address to invite them to connect to their Account. If the Player has used the Service before, the Assessor will need to input the Player’s unique member key to invite them to connect to their Account. A Player will only be added to an Assessor’s Account if they have activated their own Account and accepted the Assessor’s invitation to connect. Both Players and Assessors are free to terminate their connection/ association with each other, at any time.
Both Assessors and Players will be required to register with us and to agree to these Terms and Conditions before they will be permitted to use the Service. Accordingly these Terms and Conditions apply to both Assessors and Players (collectively “Users“) who register with us and any references in these Terms and Conditions to “you” and “your” shall apply to both Assessors and Players (as appropriate).
Full details of the services available to Assessors and Players will be published on our Website from time to time. We are continually seeking to develop and improve the services we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the Service without notice.
3. Age Restrictions
You must be eighteen (18) years or older to register with us as an Assessor and to purchase a subscription to use the Service. Accordingly, by registering with us as an Assessor or by purchasing a subscription you represent that you are over eighteen (18) and have legal capacity to agree to use these Terms and Conditions.
The Service is provided as a tool which can be used by Assessors to analyse the performance of Players on the basis that they are already, or would otherwise be, involved in coaching or assessing those Players. We are not responsible for providing any coaching or assessment activities ourselves and we are not responsible for supplying or recommending Assessors who can undertake such activities.
Accordingly, we do not carry out any background checks in relation to any Assessors or other Users who may use our Service and we do not verify their identity or their suitability to carry out assessment or coaching activities. Consequently, we will not be responsible for the actions of any Assessors or other Users, whether in connection with their use of this Service or otherwise.
If you are an Assessor and you invite Players, who are children or vulnerable adults, to connect to your Account, they must be known to you and you must be involved in coaching or assessing them and you must have obtained the consent of their Parent to connect with them through the Service. You must also ensure that you have obtained all appropriate checks and clearances (such as CRB checks and DBS checks) as may be required in connection with the coaching or assessment of those Players.
Similarly, all Players, as well as the Parents of Players who are under eighteen (18), must satisfy themselves as to the identity and suitability of any Assessors, before accepting any invitation to connect with their Account. Players, as well as the Parents of Players who are under eighteen (18), must also satisfy themselves that any Assessors with whom they connect have obtained all required checks and clearances (such as CRB checks and DBS checks).
For more information please visit http://www.homeoffice.gov.uk/agencies-public-bodies/crb/. However, this information is provided for information purposes only and we cannot accept responsibility for any reliance which is placed on it.
5. Passwords and Security
If you register to use this Service as a Assessor or a Player you will be allocated a username and password (“ID”). You must not permit anybody else to use your ID and you will be responsible for all use of the Service using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID you must notify us immediately by email.
If we reasonably believe that your ID is being used in any way which is not permitted by these Terms and Conditions, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved.
6. Subscription Fees and Renewals
In order to use the Service and create an Account, Assessors must purchase a subscription in accordance with this section 6. Players need not pay for a subscription to use the Service, although they must be connected to an Assessor benefit from all the features of the Service which are available to Players.
The fee to purchase an annual subscription to the Service (the “Subscription Fee”) will be as detailed on our Website from time to time and the subscription will run for one (1) year from the date that the Subscription Fee is paid (“the “Subscription Period“). All Subscription Fees must be paid in advance by the Assessor by such method as we may reasonably request. We shall be under no obligation to provide the Service until the Subscription Fee has been paid in full.
The basic Subscription Fee allows an Assessor to connect to one (1) Player. Assessors can increase the number of Players who they can invite to connect to their Account (“Quota“) by purchasing additional Player tokens (“Player Tokens“). The fee for Player Tokens (“Player Fee“) shall be as detailed on our Website from time to time. If you purchase a Player Token part way through your Subscription Period (or any Renewal Period as defined below) the Player Fee will be reduced on a pro-rata basis based in the number of complete months which have already elapsed.
At the end the Subscription Period (or any applicable Renewal Period as defined below) you will be invited to renew your Subscription on your Members Area page.
You may terminate your subscription with effect from the end of the Subscription Period or any Renewal Period by simply choosing not to renew your payment. However, you will not be entitled to a refund of any Subscription Fees or Player Fees which you have already paid.
If you (“Assessor”) fail to pay any fees which are due on renewal of you subscription, we reserve the right to suspend access to your Account until the fees are paid and ultimately to terminate access to the Account altogether – “Players” accounts will remain accessible.
7. Code of Conduct
This Code of Conduct applies to all Users of the Service and any Account created using the Service (including Assessors and Players). If you register to use the Service you acknowledge and agree that you are entirely responsible for all information, content and material that you upload, post, e-mail or transmit via the Service. In addition, you agree to use the Service responsibly and to comply with all applicable laws and regulations. In particular, you agree that you will not use the Service to:
- upload, post, e-mail or transmit any content that is unlawful, harmful to minors or others, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- engage in or promote or pursue any unlawful or criminal activity;
- impersonate any person or entity, misrepresent your age or identity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
- ‘stalk’, bully or otherwise harass another;
- upload, post, e-mail or transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- upload, post, e-mail or transmit any content that infringes any copyright or intellectual property rights of any party;
- upload, post, e-mail or transmit any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, or any other form of solicitation;
- upload, post, e-mail or transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- attempt to gain access to any Account of which you are not a member or to any part of the Service which you are not authorised to access;
- disrupt or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges or to use the Service.
This is not an exhaustive list. What we generally require of Users is lawful and considerate behaviour, which does not abuse the facilities which we make available. We will not tolerate any behaviour which damages our reputation, may expose us to civil or criminal liability or which has a negative impact on us on any other Users.
8. Breach of the Code of Conduct
The Service is designed to enable Assessors analyse the performance of Players and to provide constructive and positive feedback to Players. As such, we do not moderate the use of the Service or any Account and (apart from in exceptional circumstances) we expect the Users of our Service to resolve any disputes or differences of opinion between themselves without involving us.
However, if we learn of or suspect any breach of our Code of Conduct we reserve the right to take whatever action we consider (in our absolute discretion) necessary in the circumstances in order to protect ourselves from liability or to prevent or deter misuse of our Service or any Account. This may include;
- removing, amending or deleting any content which in our absolute discretion we consider to be unacceptable or undesirable;
- sending a formal notice requiring any User or Users of our Service to desist from unacceptable or undesirable behaviour;
- suspending, terminating or blocking access to the Service or any Account to any User or Users of the Service or any Account with or without notice, temporarily or permanently;
- reporting activities to the police or relevant authorities;taking legal action against any User or Users or assisting in legal action being taken against any User or Users.
If you use our Service you agree to indemnify and hold us and our employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content or material you upload, post, e-mail or transmit on or through the Website or our Service.
We reserve the right to screen content posted to our transmitted via our Service for unlawful or objectionable content, although we shall be under no obligation to do so.
If you wish to report a breach of our Code of Conduct you should email.
9. Responsibility for Information and Content provided by Users
If you use our Service, you agree that you will be solely responsible for any information, messages, advice or other content or material you upload, post, e-mail or transmit via the Service. You also understand and agree that all information, messages, content and material uploaded, posted or transmitted via the Service by any other User is the sole responsibility of the person from whom it originated. We do not routinely control or check any such information, messages or other content or material (“User Content“) and therefore do not guarantee the accuracy, integrity or quality of any such User Content.
Under no circumstances will we be liable in any way for any User Content, including (without limitation) any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of your use or reliance on any User Content. You agree that you must evaluate and bear all risks associated with the use of any User Content including any reliance on its accuracy or completeness.
10. Limited Warranty and Disclaimers
We warrant that that we will use reasonable skill and care in making the Website and the Service available to you. Because of the nature of the Service, the sources from which the information appearing on the Service is obtained and because of the nature of the Internet, errors and omissions do occur and we do not give any other warranties in relation to the Service or this Website. In particular (but without limitation):
- We do not warrant the accuracy or integrity of any information appearing on this Website. This includes (but is not limited to) any User Content. You must use your own judgement when relying on or acting on any such information appearing on this Website and do so at your own risk;
- We do not warrant that this Website or the Service will meet your requirements, be suitable for your particular purposes or achieve any particular result. You must satisfy yourself that the Service is suitable for your purposes before you purchase a subscription to use the Service.
- We do not warrant that the Website or the Service will be fault or virus free or continuously available. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services or for reasons outside of our control. You should not rely on the Service as a place to store material, information and content and you shall be solely responsible for keeping back-up copies of any information, material you upload or transmit via the Service.
Accordingly, all implied warranties, which may have effect between us, are excluded from the agreement between us to the fullest extent permitted by law.
11. Limitation of Liability
We will use reasonable endeavours to remedy faults in the Service during the period of your subscription. If we are in breach of this agreement, you agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to an amount equivalent to the fees paid by you in relation to your use for the relevant Subscription Period or Renewal Period of the Service. Where you are a Player who has not paid us any fees, your only remedy will be to terminate your use of the Service.
We will not be liable for any business losses such as lost data, lost profits or business interruption arising from any Users’ use or inability to use the Service or from any action taken (or refrained from being taken) as a result of using the Service.
Notwithstanding the above provisions of this section 11 or anything else contained in this Terms and Conditions our liability will not be limited in the case of fraud or for death or personal injury caused by our negligence. Your statutory rights as a consumer are not affected by these Terms and Conditions.
12. Intellectual Property
Save as provided in the paragraphs below, Users shall retain ownership of all content and material which they upload or transmit to or via the Service. By submitting any such material to or via the Service you are granting to us a perpetual royalty-free non-exclusive licence to use such material, for the purpose of making the Service available to you and to other Users. If you upload or transmit any material to or via the Service you warrant that you have the right to grant us a licence to use such material in accordance with this section 12.
All Users of the Service agree and understand that all data uploaded to the Service by an Assessor or generated by the Service, which relates to a particular Player shall belong to the Player. Accordingly, Players shall have the right to use such data even after they have terminated their connection with the Assessor who uploaded the data and shall also be entitled to permit other Assessors to use that data. Again we shall have a perpetual royalty-free non-exclusive licence to use such data, for the purpose of making the Service available to the Player concerned and other Users.
Our Website and the Service and all software used in the Service and all content which we have posted on our Website, is protected by copyright, trade marks, database right and other intellectual property rights which are owned by us or by our licensors. You may retrieve and display the Website and any material in any Account you are authorised to access, on a computer screen, store such content in electronic form or print a reasonable number of copies of such material for your own personal, non-commercial use provided you keep intact all and any copyright and proprietary notice. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any content on this Website without our prior written consent.
All notices shall be given to us via email or by post to our registered office address set out in Clause 1 above; or to you at either the email or postal address you provide during any ordering or registration process. Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
15. Cancellation and Termination
If you are a Assessor and you have purchased a subscription, you agree that we will make the Service available to you as soon as you have activated your Account and (except as detailed in this section 16 below) you will not have any right to cancel your subscription before the end of the Subscription Period (under the Consumer Protection (Distance Selling) Regulations 2000 or otherwise) once you activated your Account.
If you are an Assessor you may terminate your subscription with effect from the end of the Subscription Period or any Renewal Period by simply choosing not to renew your subscription. However, you will not be entitled to a refund of any Subscription Fees or Player Fees which you have already paid.
If you are an Assessor, you may also terminate your contract with us and receive a pro-rata refund of any fees you have paid if the Service is discontinued or if we are in material breach of our contract with you and that breach is not remedied within the period of 14 days after written notice of the breach has been given to us.
If you are a Player you may terminate your contract with us and cease using the Service by notifying us in writing at any time.
We will have the right to terminate our contract with any User and/ or terminate or suspend any User’s access to the Service by written notice if they are in breach of these Terms and Conditions and the breach is not remedied within the period of 14 days after written notice of the breach has been given to them. If we reasonably believe there has been a breach of section 6 above by any User in relation to any Account we may suspend or terminate access to the Service by that User and/or terminate of suspend access to the applicable Account to any or all Users without notice at any time.
We may transfer and/or assign our rights and/or our obligations under these Terms and Conditions or our contract with you. This will not affect your rights under your contract. You may not transfer any of your rights or obligations under this agreement.
If you breach this agreement and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach this agreement.
These Terms and Conditions and the contract between us shall be governed by English law. We will try to solve any disagreements quickly and efficiently. If you want to take court proceedings in relation to this agreement you must do so in the United Kingdom.
We will from time to time update and make changes to these Terms and Conditions. We recommend that you revisit these Terms and Conditions regularly and ideally each time you use the Service.
These Terms and Conditions were last updated on the 23 April 2013.