Terms And Conditions Of Use
SPORTSCOACHLINKS.COM
User Terms and Conditions
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions, the following words and expressions have the
following respective meanings:-
“Agreement” means the agreement entered into between you and us in accordance with Section 2.1 of these Terms & Conditions;
“Material” means all information, photographs, and other material, of any kind and in any form, that you include in your profile on, or load onto, the Website;
“Privacy Policy” means our privacy policy as set out on the Website;
"Subscription Fee" means the fees payable in accordance with Section 8, together with any other amounts payable by you to us under the Agreement;
“User” means any subscriber to the Website from time to time;
“We” means Link People Limited trading as Sports Coach Links, a company registered in England and Wales with company number 6967068 whose registered office is Trident Accountancy, 39 Oakdale Road, Nottingham NG3 7EL, the proprietor of the Website (as defined below)
“Website” means the website www.sportcoachlinks.com ; and
“You” means the person who has subscribed to the Website.
1.2 References in the Agreement to a statute or statutory provision includes, unless the context otherwise requires, a reference to that statute or statutory provision as from time to time amended, consolidated, extended, re-enacted or replaced and to all statutory instruments, orders, regulations or rules made pursuant to it.
1.3 References in the Agreement to the singular include the plural and vice versa and references to any gender include a reference to all other genders.
1.4 References in the Agreement to a person includes natural persons, firms, partnerships, bodies corporate, corporations, associations, organisations, governments, states, foundations and trusts (in each case whether or not incorporated and whether or not having separate legal personality).
1.6 Unless the context otherwise requires, a reference in the Agreement to any Section is a reference to a Section of these Terms and Conditions.
1.7 The expressions “including”, “include”, “in particular” or any similar expression shall be construed in the Agreement as illustrative only and the words following any of those expressions shall not limit the sense of the words preceding them.
1.8 Reference in the Agreement to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to what most nearly approximates to the English legal term in that jurisdiction.
1.9 The headings to the Sections are inserted for convenience only and shall not affect the construction or interpretation of the Agreement.
2. YOUR AGREEMENT WITH US
2.1 By accepting these Terms and Conditions and completing your registration on the Website, you are entering into a legally binding agreement with us.
2.2 The Agreement between you and us comprises:-
2.2.1 These Terms and Conditions; and
2.2.2 The Privacy Policy and in the event of any conflict between the above two documents the Privacy Policy will prevail.
2.3 We reserve the right to amend these Terms and Conditions and the Privacy Policy from time to time at our discretion, and will give such advance notice of any such changes as we consider reasonable by way of announcement on the Website which will confirm the nature of the changes and the date on which they will come into effect. By maintaining your registration on the Website after the effective date of any changes you will be deemed to accept them in full and unconditionally. If you do not accept them your only option is to cancel your registration.
2.4 The effective date of the Agreement and the date on which you can start using the Website will be the date on which we notify you by e-mail that your registration has commenced.
3. YOUR WARRANTIES
3.1 You hereby warrant as follows:-
3.1.1 that you have not previously had a subscription to the Website terminated, or an application to subscribe refused, by us;
3.1.2 that you are legally entitled to submit the Material, and in particular that the Material is not posted by you in breach of any contractual or other obligation that you may owe to any third party;
3.1.3 that your posting of the Material on the Website does not give rise to any infringement of the intellectual property rights of any third party;
3.1.4 that the Material is accurate, up-to-date, and not in any way intended or likely to mislead or confuse others;
3.1.5 that you will use the Website and your subscription purely for your own personal business purposes, and under no circumstances in such manner as to constitute acting or dealing as a consumer in any country or territory to whose jurisdiction you may be subject.
3.2 The above warranties shall remain in effect continuously throughout the duration of your subscription to the Website
4. YOUR OBLIGATIONS UNDER THE AGREEMENT
4.1 As a condition of your subscription to the Website, you agree to observe and perform the obligations set out in this Section 4.
4.2 You shall:-
4.2.1 comply with all applicable laws relevant in any way to your subscription and use of the Website, including, privacy laws and intellectual property laws;
4.2.2 provide to us, within such timescale as we may stipulate, such information regarding yourself as we may request from time to time and update it as necessary;
4.2.3 read and comply with our Privacy Policy;
4.2.4 comply, within such timescale as we may stipulate, with all notices and instructions of any kind sent to you by us or on our behalf from time to time and concerning the Website and your subscription;
4.2.5 keep your password secure and confidential at all times; and
4.2.6 use the Website in a professional and responsible manner at all times.
4.3 You shall not::-
4.3.1 act dishonestly or unprofessionally, or engage in behaviour that might reasonably be regarded as unprofessional, in your use of the Website;
4.3.2 without limiting the generality of Section 4.3.1, use the Website to upload, post, or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, in bad taste, vulgar, invasive of another’s privacy, hostile, discriminatory or otherwise objectionable;
4.3.3 duplicate, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer any material or information found on the Website, excluding content posted by you, without our express prior written consent;
4.3.4 reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Website, or any part thereof;
4.3.5 include information in your profile or elsewhere, except in designated fields, that reveals your identity or sensitive personal information such as an e-mail address, phone number or address or is confidential in nature;
4.3.6 create a profile on the Website for anyone other than a living natural person, for a false identity, or for any person who has not expressly authorised you to do so;
4.3.7 in any way utilise for any purpose the subscription of another User, or allow any third party to utilise for any purpose your own subscription, to the Website;
4.3.8 in any way use a false identity, misrepresent your identity or use any form of pseudonym or alias, in your profile on the Website or in any communications that you enter into with us or other Users in connection with the Website;
4.3.9 use any information or other material found on the Website, excluding content posted by you, for the purpose of developing, marketing, advertising, promoting or providing any service that we, in our absolute discretion, consider to be capable of competing with the Website or any other business in which we may be engaged from time to time;
4.3.10 in any way imply or state, directly or indirectly, that you or your business are affiliated with or endorsed by the Website, except with our express prior written consent;
4.3.11 adapt, modify or create derivative works based on the Website or content posted by other Users, except with our express prior written consent;
4.3.12 rent, lease, loan, trade, or sell access to the Website or any information or material found thereon, excluding Material posted by you;
4.3.13 create a link to the Website for any purpose, except with our express prior written consent;
4.3.14 use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any pages or other materials comprised within the Website;
4.3.15 use bots or other automated methods to add or download contacts, or send or redirect messages, to or from the Website, or carry out other activities in relation to the Website except with our express prior written consent;
4.3.16 access the Website by any method for the purpose of monitoring its availability, performance or functionality or for any purpose that we in our absolute discretion consider to be capable of competing with the Website or any other business in which we may be engaged from time to time;
4.3.17 engage in “framing” or “mirroring” the Website, or otherwise simulating its appearance or function, for any purpose;
4.3.18 access the Website by any means other than by use of interfaces that we have provided;
4.3.19 override any security component included in or related to the Website;
4.3.20 undertake any action of any kind that might reasonably be expected directly or indirectly adversely to affect or disrupt the proper functioning of the Website, including but not limited to unsolicited communications to other Users, attempts to gain unauthorized access to the Website, or transmission or activation of computer viruses;
4.3.21 remove any copyright, trademark or other proprietary rights notices contained on the Website;
4.3.22 remove, deface or obscure, in whole or in part, any advertising material displayed on the Website;
4.3.23 collect, use or transfer any information, including but not limited to, personally identifiable information obtained from the Website, except with our express prior written consent;
4.3.24 invite any person whom you do not personally know to join your network on the Website;
4.3.25 upload onto your profile on the Website any illustration, symbol, logo or mark of any kind other than a facial photograph of yourself;
4.3.26 use or attempt to use another's account on the Website except with our express prior written consent;
4.3.27 in any way utilise any mark, brand, logo, device or other artistic or graphic work used by us from time to time to designate or promote the Website or the business of running the Website carried on by us;
4.3.28 upload any material onto the Website that comprises or Includes any unsolicited advertising, promotional or marketing material, or any junk mail, spam, chain letters, or that advertises or promotes any pyramid selling scheme or any other form of solicitation, except with our express prior written consent;
4.3.29 attempt by any means to disguise the true origin of any communication made by you using the Website;
4.3.30 attempt or purport to do anything expressly or impliedly prohibited by the preceding provisions of this Section 4.3; or
4.3.31 permit or suffer the doing by any third party of anything expressly or impliedly prohibited by the preceding provisions of this Section 4.3 via your subscription to the Website.
5. YOUR RIGHTS UNDER THE AGREEMENT
5.1 You can start using the Website from the date on which we notify you by e-mail that your registration has commenced and this is the point of delivery of the services under this Agreement. You access the Website via your log-in details.
5.2 We grant to you a personal, non-exclusive, royalty-free licence, subject to the terms of the Agreement and without the right to grant sub-licences, to access, through a generally available web browser or mobile device or application, to view information and material appearing on the Website from time to time, and to use all facilities, services and functions that we may make available on or via the Website for the benefit of Users of the membership category of your subscription from time to time. Any other use of your subscription or the Website, or the use of your subscription or the Website for any other purpose, is strictly prohibited and a material breach of the Agreement.
5.3 You may at any time remove, or request us to remove, from the Website any Material that you have loaded onto or included on the Website, save to the extent that you have shared it with other Users who have not deleted it.
5.4 Without prejudice to our rights under Section 2.3, the membership categories available and the rights attached to those categories are set out below:
5.4.1 Free Member:
(a) may add articles (but can NOT add links in the editor)
(b) may add business profiles
(c) may add up to 10 documents which are all publicly available
(d) may message links/friends only
(e) may NOT add jobs
(f) may NOT add events;
5.4.2 Coach Member:
(a) may add articles (AND add links in the editor)
(b) may add business profiles
(c) may add unlimited documents (subject to fair-use policy (<200Mb)) which may be designated public or private
(d) may message links/friends only
(e) may NOT add jobs
(f) may NOT add events
(g) may use the Coaches CRM toolkit;
5.4.3 Club and Corporate Member:
(a) may add articles (AND add links in the editor)
(b) may add business profiles
(c) may add unlimited documents (subject to fair-use policy (<200Mb)) which may be designated public or private
(d) may message links/friends only
(e) may add jobs (up to 50 per month)
(f) may add events (up to 50 per month)
(g) may NOT use the Coaches CRM toolkit.
6. OUR OBLIGATIONS UNDER THE AGREEMENT
6.1 We undertake to ensure that all Users are bound by the same terms as the terms of the Agreement.
6.2 For the avoidance of doubt, we are not obliged to store, maintain, preserve or provide you with a copy of any Material or of any content that other Users provide when using the Website.
7. OUR RIGHTS UNDER THE AGREEMENT
7.1 We reserve the right to withhold, remove and or discard any Material without giving notice if we consider in our discretion that the inclusion in your profile or the loading onto the Website of the Material in question constitutes a breach of the Agreement.
7.2 We further reserve the right to modify, replace, refuse access to, suspend or discontinue the Website and any facilities, services and functions that we may have made available on or via the Website for the benefit of Users from time to time, in whole or in part, at our sole discretion and without prior notice to you.
7.3 You grant to us a worldwide, perpetual, irrevocable, assignable, royalty-free licence, together with the right to grant sub-licences, to copy, prepare derivative works from, distribute, publish, remove, retain, process, analyse, use and commercialise, in any manner whatsoever, all Material without notice to you and without any obligation on our part to make any payment or provide any other form of consideration to you.
8. SUBSCRIPTION FEE AND PAYMENT
8.1 In consideration of your use of the Website and any facilities, services and functions that we may have made available on or via the Website for the benefit of Users from time to time, you shall pay the following Subscription Fee (if any) depending on the membership category of your subscription (determined by your most up-to-date registration on the Website) in accordance with the terms of the Agreement:
8.1.1 Free Member - free of charge;
8.1.2 Coach Member - £10 per month;
8.1.3 Corporate Member - £100 per month.
8.2 The Subscription Fee for the first month shall be payable in full on or before the effective date of the Agreement or, in the case of an upgrade to the relevant membership category, in full on or before the effective date of such upgrade.
8.3 The Subscription Fee for each subsequent month shall be payable in full in advance of the commencement of each month.
8.4 The Subscription Fee and other sums due to us under this Agreement are nonrefundable and there are no refunds or credits for partially used periods. Your rights to cancel your subscription are set out in Section 12.1.
8.5 All sums due under the Agreement are stated inclusive of value added tax.
8.6 All Subscription Fees are payable in GBP. If you are based outside of the United Kingdom, you will be required to convert payments to GBP and it will be your responsibility to ensure that such conversion is correct. Any shortfall in the Subscription Fee shall be payable by you.
8.7 The Subscription Fee can be paid:
(a) by credit or debit card online through our Website; or
(b) by direct transfer to our bank account, details of which will be provided on request.
8.8 All charges incurred by you in respect of the payment of the Subscription Fee, including any charges your credit or debit card issuer or bank may make for transactions or direct transfers, shall be borne by you in addition to the Subscription Fee.
8.9 We reserve the right to vary or impose in the future such charges for the use of the Website, together with such payment terms relating to such charges, as we may determine in our discretion from time to time. Notice will be given of the variation or imposition of any such charges and terms in accordance with Section 2.3.
9. THIRD PARTY WEBSITES
We may (but are not obliged to) include on the Website links to websites operated by third parties. We may also (but are not obliged to) allow platform developers to create applications that provide features and functionality using data and developer tools made available by us. Whether you wish to use any such website or application is entirely your decision. Any such use may be subject to terms and conditions imposed by the provider of such website or application, to which we would not be a party, and would not be governed by the terms of the Agreement. We do not make any endorsement, guarantee, promise, representation, statement or warranty of any kind in any way relating to any such website or application, neither do we evaluate them. Accordingly, as between you and us you use any such website or application entirely at your own risk.
10. LIMITATIONS OF LIABILITY
10.1 To the fullest extent permissible under any applicable law, all warranties, representations, terms and conditions implied by law and in any way relating to the Website or to any facilities, services and functions that we may make available on or via the Website for the benefit of Users from time to time, including any warranties as to the quality or fitness for purpose of the Website or any such facilities, services or functions, are hereby excluded. Your sole and exclusive remedy will be termination of your subscription in accordance with Section 12.1.
10.2 We are not responsible for, and make no guarantee, promise, representation or warranty as to, the successful delivery or transmission of any communication of any kind made by or to you using the Website.
10.3 We are under no obligation to verify the identity of any User, neither do we have any obligation to monitor the use of the Website or of any facilities, services and functions that we may make available on or via the Website for the benefit of Users from time to time. Accordingly, we hereby disclaim all liability for identity theft or any other misuse of your identity.
10.4 We do not guarantee that the Website or any facilities, services and functions that we may make available on or via the Website for the benefit of Users from time to time will be available or will function without interruption or error, or that their availability will not be interrupted due to due to maintenance, updates, or system or network failures. Consequently, we hereby disclaim all liability for any loss or damage suffered or incurred by you as a result of any such error or interruption.
10.5 We further disclaim all liability for any loss or damage suffered or incurred by you as a result of your inability to access the Website, or any impairment of or interruption to such access, arising as the result of interruptions to, or any matter affecting the quality of, your internet service.
10.6 We shall not be liable to you, in contract, tort or otherwise, for any:-
10.6.1 loss of profit, loss of revenue, loss of data, loss of business or business opportunity; or
10.6.2 economic, indirect or consequential losses suffered or incurred by you; or
10.6.3 the loss or corruption of any Material
arising or occurring as a result of your use of the Website or of any other content or materials of any kind accessed through or downloaded from the Website, or arising in any way in connection with your subscription to the Website. This exclusion of liability will apply regardless of the manner in which such loss arose, even if we knew or ought to have known, or were advised, as to the foreseeability or likelihood of such losses arising.
10.7 The exclusions of liability contained in the preceding provisions of this Section 10 shall apply in addition for the benefit of our officers and employees.
10.8 Nothing in the Agreement shall exclude or limit our liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by our negligence.
10.9 Save as provided in Section 10.8, our aggregate liability to you, whether in contract, tort or pursuant to any other cause of action whatsoever, is limited to the greater of (i) 6 months' Subscription Fee (if any) and (ii) £100 (One hundred pounds sterling). You agree that this limitation is reasonable and represents a fair allocation of risk between the parties.
11. INDEMNITY
You will fully indemnify us, our employees, agents and representatives (collectively, “the indemnified parties”) and keep the indemnified parties fully indemnified from and against any and all actions, claims, demands, costs (including reasonable legal costs) expenses, losses, damages or liability suffered or incurred by us and arising from or in connection with any breach by you of the Agreement, any Material that you include in your profile or otherwise load onto the Website or any act or omission on your part in the use or enjoyment of your subscription to the Website.
12. TERMINATION AND SUSPENSION
12.1 You may terminate your subscription with immediate effect, with or without cause, at any time, by giving notice to us to that effect, following the relevant instructions set out on the Website.
12.2 We may terminate your subscription, with or without cause, at any time, by giving notice of termination to you by e-mail at the e-mail address that you have most recently registered with us as your current contact address. This termination will be effective immediately upon our sending the notice of termination to you.
12.3 If your subscription is terminated, you will, with effect from termination, have no access to the facilities, services and functions that we may make available on or via the Website for the benefit of subscribers. Furthermore, we reserve the right at our discretion not to permit you to re-subscribe.
12.4 Termination of your subscription shall not exclude or limit the rights or remedies of either party under the Agreement that have accrued prior to termination.
12.5 The provisions of Sections 4.3 (to the extent that the same remain capable of being breached following termination) 10, 11, 12.4, and 13 (where applicable) shall survive the expiry or termination of your subscription to the Website.
12.6 Without limiting our rights under Section 12.2, we reserve the right to suspend your subscription for such period as we may in our discretion determine if:
(a) you fail to pay any sums, including the Subscription Fee, due to us in accordance with the Agreement; or
(b) in our opinion, you have in any way misused the Website or any of the facilities, services or functions that we have made available on it, or committed any other breach of the Agreement.
During any such period of suspension, the provisions of the Agreement shall, save to the extent that the same are inconsistent with any such suspension, remain in full force and effect.
13. MISCELLANEOUS AND GENERAL
13.1 The Agreement represents the entire agreement between us and you relating to its subject matter and supersedes and extinguishes any and all prior written or oral agreement between us and you concerning that subject matter notwithstanding the terms of any such prior agreement. You acknowledge that, in entering into the Agreement, you are not relying upon any representation or assurance made by us or on our behalf on or prior to the effective date of the Agreement which is not set out in the Agreement and that, in the absence of fraud or fraudulent misrepresentation, we shall not be liable for any such representation or assurance.
13.2 Each of the provisions of the Agreement shall be construed as independent of every other provision.
13.3 If any provision of the Agreement (or any part thereof) is, or is held to be, invalid, illegal, void or unenforceable under any law, administrative or judicial provision or public policy, such provision shall be ineffective to the extent that it is, or is held to be, invalid, illegal, void or unenforceable. Any such provision shall be deemed to be deleted from the Agreement and the remainder of such provision and all other provisions (if any) of the Agreement shall remain in full force and effect.
13.4 Save as expressly provided otherwise in the Agreement, we may provide all notices and other communications to you concerning the Website or your subscription by means of postings on the Website or by e-mail at the e-mail address that you have registered with us as your current contact address. You may provide all notices and other communications to us concerning the Website or your subscription by e-mail at support@sportscoachlinks.com. Alternatively, you may deliver such notices or communications to us by hand, or deliver them by first class prepaid post, to 39 Oakdale Road, Nottingham, NG3 7EL. Any notices not submitted in accordance with the above provisions shall automatically be deemed invalid. You hereby acknowledge that we shall have no liability for any failure on your part to receive information from us concerning the Website or your subscription to the extent that such failure results from any omission on your part to provide us with a current e-mail address.
13.5 You may not assign the benefit or burden of the whole or any part of the Agreement to a third party. We shall be entitled to assign the benefit or burden of the whole or any part of the Agreement to a third party subject to our giving you prior notice of such assignment.
13.6 Save as otherwise expressly provided herein, no term of the Agreement is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
13.7 Neither we nor you shall be deemed to have waived the performance or breach of any provision of the Agreement unless it does so expressly in writing. No such waiver shall be deemed to be a waiver of any other past or future default or breach of such provision or any other provision of the Agreement. No failure or delay by us or you in exercising any right under the Agreement shall be deemed to be a waiver of, or to otherwise prejudice, the exercise of that right.
13.8 We do not guarantee the confidentiality of any Material.
13.9 The construction interpretation meaning validity and performance of the Agreement shall be governed by the law of England which is agreed to be the proper law of the Agreement.
13.10 The parties hereby submit to the non-exclusive jurisdiction of the English Courts.
13.11 The definitive text of the Agreement is in the English language. In the event of any dispute concerning the construction, interpretation or meaning of the Agreement, reference shall be made to the Agreement as written in English and not to any translation into any other language.