PLEASE READ THESE TERMS AND CONDITIONS ("CONDITIONS") BEFORE SUBSCRIBING FOR SERVICES.
PERFORM MEDIA SERVICES LTD (PERFORM) ON BEHALF OF FOOTBALL LEAGUE INTERACTIVE (FLI) RESERVE THE RIGHT, AT ANY TIME, TO MODIFY THESE CONDITIONS BY POSTING A REVISED VERSION ON THIS WEBSITE. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD (AND AGREE TO BE BOUND BY) THESE CONDITIONS NOW AND EVERY TIME YOU USE THE SERVICES. BY CONTINUING TO USE THE SERVICES YOU ACCEPT ANY REVISED VERSION.
If these Conditions conflict with our Website Terms and Conditions, these Conditions will take priority.
DEFINITIONS
"Content" means any and all of the content and material comprising the Site including without limitation all text, graphics, photographs, audio and video. "Terms and Conditions" means these terms and conditions of use. "User Information" means the personal details which may be provided by you to us via the Site. "Users" means the users of the Site collectively and/or individually as the context admits. "we/us/our" means Perform."Site" shall have the meaning as set out above. "Website" means a site on the World Wide Web. "you/your" means you, the user.
1.Orders
1.1.In ticking the box and accepting the T&Cs on the registration page, you are entering into a legally binding contract with Perform (located at Sussex House, Plane Tree Crescent, Feltham, TW13 7HE, United Kingdom) on behalf of FLI, to purchase the Services. The contract is conditional on payment being authorised by your card issuer and is at all times subject to these Conditions.
1.2.If you are under 18 years of age and/or not of full legal age, you must have the permission of your parents or a guardian before (i) adhering to the Conditions, (ii) registering and (iii) using the Services. By your continuing use of the Services, you are confirming that you have received the consent of your parents or your guardian for any of your uses of the Services and that you have discussed these Conditions with your parents or your guardian before you register.
1.3.In return for allowing you to use the Platform and benefiting from our Platform Products, you agree that any information you provide us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date.
2.Price and Payment
2.1. Our prices only cover access to the Services. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider. All our prices are inclusive of UK VAT at the rates in force from time to time. Except in the case of manifest error, the prices payable for the Services that you order are as set out on this website at the time at which you place your order or such amended price as may be notified to you by email to the email address you have specified in your "my account" settings. We will ensure that any price change will be notified not less than 14 days in advance of any increase, thereby giving you time to unsubscribe (if you so choose) in accordance with these terms and conditions prior to any price rise taking effect.
2.2.Payment for services must be made by Mastercard, Visa, Switch, Solo Visa Delta and JCB cards, or valid Direct Debit. You confirm that the credit/debit card which is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
2.3.Perform reserves the right to refuse credit/debit card payments in its reasonable discretion. NetBanx will process your payment on a secure site.
2.4.Perform uses all reasonable endeavours to ensure that all information on the Platform is accurate. However, in the event that an incorrect price or other incorrect information is displayed in relation to the Services due to a clerical, typographical, pricing or other inadvertent error, Perform shall have the right to refuse to accept any order or cancel any contract to supply the Services whether or not the order has been confirmed and the credit card has been charged. In the unlikely event that your credit card has already been charged for the purchase and the order is cancelled for this reason, Perform shall issue a full credit to the value of the Services cancelled to your credit card.
3.Services and Service Availability
3.1.The 'Services' shall be the provision to you of access to services on this Website including live audio-video stream, live stats, highlights and galleries.
3.2.Perform reserves the right to amend the nature and extent of the Services available at any time.
3.3.You are responsible for ensuring that you have and maintain all the hardware and software (The latest Adobe Flash plug in is required) necessary to access, receive and view the Services.
3.4.In the event that Perform reasonably determines that you do not meet these requirements Perform reserves the right to refuse the provision of Services to you. In such a case you will be entitled to a refund of any sums paid as provided for in clause 6.2 ("Our right to terminate").
3.5.Perform will use its reasonable endeavours to ensure that the Services are made available to you at all times. However, this Website is provided on an "as is" basis.
3.6.In particular, the image and sound quality of the Services may vary, whether due to congestion on the internet or telephone lines or otherwise. The Website may not be uninterrupted, timely, secure or error-free.
3.7.From time to time we will need to close the website to carry out upgrades or maintenance. We will try to keep this to a minimum. Subject to the constraints described above, Perform will carry out the Services with reasonable care and skill.
3.8.Apart from this we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law).
This does not affect any other statutory rights you may have as a consumer.
4.Your Use of Services
The design, text, graphics, footage, images and other feed you receive (and any selection or arrangement) are subject to the copyright of Perform and others.
You agree that you will:
4.1.use the Services for non-commercial purposes only without making any gain and that you will not permit any other person or persons to use the Services. This means, for example, that you must not charge for viewing of the Services and that you cannot use the Services to attract others to buy goods or Services from you or anyone else;
4.2.at any given time, only view the Services via your permitted PC and never permit any other person to access the Services. You must keep your password secure and never share passwords or other access codes with anyone or in any way make them accessible to others;
4.3.not copy, record or store all or any part of the Services (other than on a purely transitory basis to permit you to view them) or divert, re-transmit or otherwise distribute all or any part of the Services to any person, or authorise, enable or procure any other person to do any of the above;
4.4.not alter, disassemble, decompile or reverse engineer any part of the Services;
4.5.not view the Services in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so
5.Liability
5.1.UNLESS AGREED OTHERWISE IN WRITING, THE MAXIMUM LIABILITY OF PERFORM TO YOU ARISING BY REASON OF OR IN CONNECTION WITH THE SUPPLY OF THE SERVICES TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU IN RESPECT OF THE SERVICES IN QUESTION ("PAYMENT AMOUNT"). PERFORM SHALL NOT IN ANY EVENT BE LIABLE TO YOU FOR:
(I)ANY DIRECT LOSS IN EXCESS OF THE SUBSCRIPTION AMOUNT; OR
(II)ANY LOSS OF PROFITS, BUSINESS OR ANTICIPATED SAVINGS OR LOSS OF OR CORRUPTION TO DATA OR ANY INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR SHOULD REASONABLY KNOW OF SUCH LOSS.
NOTHING IN THESE CONDITIONS SHALL EXCLUDE OR LIMIT THE LIABILITY OF PERFORM FOR DEATH OR PERSONAL INJURY DUE TO ITS NEGLIGENCE OR FOR ITS FRAUD. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
6.Duration and Termination
6.1.Your Right to Terminate
6.1.1.You may cancel your subscription for the Services by logging in and going to the My Account page then clicking on the "Unsubscribe" button in the Unsubscribe tab
6.1.2.Cancellation must be made no less than 5 working days prior to the end of the month or year (depending on whether you are paying monthly or annually respectively) for which you have paid.
6.1.3.If you cancel prior to this 5 working day period access to the Services will be terminated at the end of the relevant period. If you cancel during this 5 working day period you will be charged for the following month, year or relevant period and access to the Services will terminate on expiry of that following month.
6.1.4.If you cancel your subscription after your renewal date you will be charged for the following month, year or relevant period and access to the Services will terminate on expiry of that following month, year or relevant period.
6.1.5.If you have signed up to a Free Trial (ie no payment has been taken and you are able to access subscription products), you can cancel your Free Trial at any time prior to the end of the relevant Free Trial period, your Free Trial subscription will end immediately and your credit/debit card will not be charged. The exact length of the Free Trial period will be stated at the time of purchase.
6.1.6.However we will not issue a refund if you request cancellation and a refund after your Free Trial period has ended and your credit/debit card has been charged for the relevant month, year or relevant period.
6.2.Our Right to Terminate
6.2.1.Perform may terminate this agreement with immediate effect and by written notice at any time if you commit a material breach of this agreement (and any breach of clause 2 or 4 will be considered to be a material breach) or if you do not fulfil any of the technical requirements set out in clause 3.
6.2.2.In addition, Perform may terminate this agreement on one calendar month's notice given in writing to you in accordance with clause 5. If Perform terminates the agreement other than as a result of your breach or technical non-compliance, you will receive a refund of the amount you pre-paid for the Services less an amount proportionate to the number of days for which you have had access to the Services.
6.2.3.Direct Debit payments
If you cancel your subscription for the services through the My Account page or through customer services, it will also be necessary to cancel your direct debit through your bank in order to prevent any future payment being taken from your account. Perform Group will not accept any responsibility for payments taken from the customers account as a result of failure to cancel direct debit payments at their bank. This includes bank charges for exceeding overdraft limits and any other related payments incurred as a result of failure to cancel direct debit payments at the bank.
7.Data Protection
7.1.The information and data ("personal data") which is provided by you in connection with this website will be held on the computers and manual records of, and will be used by the Club, mfc.co.uk and any other reputable suppliers of goods and services which mfc.co.uk believes may be of interest to you (together "the companies").A complete list of all such companies is available on request from the address below.
7.2.The personal data shall be used by the companies for the following purposes:
(i) to update and develop the companies' records and for assessment and analysis including market and service/product analysis;
(ii) to assist the companies in the provision of services/products to you; and
(iii) to facilitate reviews, developments and improvements to the services/products offered to you.
7.3.The companies may inform you from time to time by e-mail, telephone, or mail about relevant news, information, services and products offered by any of them which they believe may be of interest to you.
7.4.By law you are entitled, upon payment of a fee, to receive a copy of information or data about you that is held by any of the companies.You are also entitled to require the rectification, erasure or blocking of any such information or data which is inaccurate or not up-to-date and held by the companies.If you wish to exercise any of these rights, or if you wish to opt-out of any future processing of your information or data held by the companies, please write to Perform at the address below stating your full name and address and providing any other relevant information.
7.5.We shall comply with applicable UK Data Protection legislation from time to time in place in respect of any User Information.
We will only use the User Information in accordance with Our Privacy Policy as set out on the Site. To learn more about what information we collect, the measures we put in place to protect this information and how we use it we advise you to read the Privacy Policy.
8.Address
Perform
Sussex House
Plane Tree Crescent
Feltham
Middlesex
TW13 7HE
9.Force Majeure
9.1.Perform not shall have any liability to you for any delay or failure to deliver the Services to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of Perform including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Services), telephone or other inter connect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement.
9.2.If this means that you fail to receive a substantial element of the Services Perform will refund such proportion of the sum pre-paid by you in respect of the Services as it decides, acting reasonably, is fair in the circumstances.
10.Indemnity
10.1.You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by You or any other liabilities arising out of Your use of the Site.
11.General
11.1.Waiver
No waiver by Perform shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.
11.2.Invalidity
If any of these Terms and Conditions are determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these Terms and Conditions and the remainder of these Terms and Conditions shall continue to have full force and effect.
11.3.Application Law
These Terms of Use shall be governed by, and construed exclusively in accordance with, English law. Any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of the English courts and, by using this Website, you hereby submit to and waive any objections to the jurisdiction of such courts.
11.4.Entire Agreement
These Conditions together with the current Services prices and contact details on this website, set out the whole of the agreement between you and Perform. This agreement cannot be changed or terminated orally, and no changes or amendments to this agreement shall be binding upon the parties until confirmed in writing by Perform.
12.Technical Support and Contacting Perform
12.1.You can contact Perform whether to discuss technical problems or trace your subscription, or for any other reason by emailing to Perform as described below or going to the Contact Us section. In all instances, please be ready to give your customer ID, e-mail, product details, last transaction ID, postcode which Perform will require from you in order to identify your subscription.
12.2.You may want to print a copy of this page for future reference. You should notify us immediately if any of your details change by e-mail at customerservices@performgroup.com
12.3.Any notice given by Perform can be given by post or email to the most recent postal or email address we hold for you. Transmission or postal failures are at your risk, and we cannot be responsible for non-receipt of messages we send you.
13.How do I unsubscribe from the SMS service?
Pay as You Go: If you would like to cancel your subscription please text STOP to 88442. The service will be terminated immediately.
Credit Card/Direct Debit payments: If you would like to cancel your subscription please text STOP to 88442. The service will be terminated immediately and we will take no further payments from you.
N.B. If you text STOP to 88442 to stop receiving messages with immediate effect and you still have some time remaining on your subscription, you will not be refunded any pro-rater amount for the unused period. If you wish to receive messages for the entire period for which you have already paid, please email customerservices@performgroup.com
