Terms and Conditions

 Definitions:

These products, information and services available through thesportsbusinessclub.co.uk (“Service” or “Services”) are provided by The Sports Business Club Ltd, company number 12797617 (“TSBC”).

These terms control the relationship between TSBC and you (“Partner”). By using the Services, you agree to these terms.

The term “Partner” refers to the party that has accepted the offer and whose details have been defined in The KYC and Contract.

The term “Parties” refers to TSBC and the Partner.

The term “Service” refers to the service package ordered by the Customer, the contents of which have been defined in The Contract.

The collection of privacy policy and GDPR documents are available on thesportsbusinessclub.co.uk and are also used to govern the use of Service.

1. Binding force and contents of the order

By accessing and registering with TSBC, the person or organisation entering into these Terms as a user of TSBC, together with all individual users accessing TSBC on that person’s behalf (together, “you”) accept and agree to be bound by these Terms. If you do not accept these Terms, you should contact TSBC’s staff without delays. By using TSBC and registering you accept these terms.

These terms bound you regardless of pricing tier, pricing, if you have signed a separate contract by hand or by accepting the terms when creating an account or any other reason.

The Partner’s contact person has entered into cooperation with the representative of TSBC in accordance with the offer and these terms and conditions.

This Contract as a whole (hereinafter referred also to as “Contract”) consists of a written offer, this document’s order confirmation and the general terms and conditions of this document. In addition, written conversations conducted between the Parties via email are considered to be part of the Contract. Oral conversations are not considered to be part of the Contract. Any supplements or changes made to the terms of the Contract must be approved by both Parties, notwithstanding changes to the general terms which are handled according to paragraph 5. Email conversations are considered to be written conversations.

2. Compensation and fees

The Partner is obligated to pay the fees specified in The Contract to TSBC. All prices quoted exclude VAT, and the valid VAT rate will be added to the prices.

The due date of the Service’s deployment fee is Proforma, or on an individually agreed date.

Invoicing will be done separately for each contract period, and always at the start of the contract period.

Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Partner shall be responsible for all taxes associated with Services.

The service may also include separately priced additional features, services, products or other items. These services may be priced per item or access right or per feature or bulk pricing. You agree to pay this according to the application internal pricing and ensure that only people with the right to buy these have access to them.

 

3. Terminating and cancellation of the Contract and the Contract’s continuity

The Partner may terminate this Contract by paying the payment obligations defined in The Contract in full for the entire remaining contract period.

TSBC may terminate this Contract by the end of the agreed and paid contract period by notifying the Partner of this in writing.

TSBC may terminate this Contract if TSBC discovers that the Partner has intentionally or with gross negligence misused the Service in violation of its purpose. The Partner must be given the opportunity to rectify their actions before terminating the Contract.

You must use our Services and the information available from our Services responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.

You cannot use our Services:

i. for any unlawful purpose;

ii. to send spam;

iii. to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;

iv. to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;

v. to tamper with, update or change any part of our Services;

vi. in a way that affects how it is run;

vii. in a way that imposes an unreasonable or disproportionately large burden on us or our suppliers’ communications and technical systems as determined by us; or

viii. using any automated means to monitor or copy our Site or its content, or to interfere with or attempt to interfere with how our Site works.

The length of the contract period is defined in The Contract. The Contract will be automatically renewed and continue as an indefinite Contract after the contract period, unless the Partner has terminated the Contract by sending an email to a TSBC representative. The Contract will be renewed for 12 months at a time, unless the Parties agree otherwise in writing. The Contract must be terminated at least 14 days before the start of the new contract period.

 

4. Parties’ rights and obligations

TSBC reserve the right to change these Terms of Use from time to time without prior notice by changing them on our Site.

The Partner is always responsible to TSBC and to its customers for ensuring that any company using the TSBC systems is committed to comply with good business ethics. The Partner has no right to transfer the Contract to a third party without TSBC’s written consent.

The parties are obligated to inform each other immediately of any changes that may affect the fulfilment of the obligations related to the production of the Service. This information shall be sent to the contact persons of the Parties via email.

 

5. Changes to these Terms

TSBC may change these terms at any time, upon notice, and we recommend that you review the terms regularly. The up to date terms can be found on thesportsbusinessclub.co.uk If you do not agree to the new terms for the Service, you should discontinue your use of the Service. The changes will become effective on the announced date.

 

6. Indemnity liability and limitation of liability

If a Party breaches the Contract and thus causes any damages to the other Party, the breaching Party is liable to compensate the other Party for any direct damages caused to them by the breach. If a Party discovers that the Contract has been breached, the Party must immediately notify the other Party of the matter. The breaching Party must be given the opportunity to rectify the damages they have caused within a reasonable time before the actualisation of the indemnity liability, described in this clause.

TSBC’s indemnity liability is limited to the total value of the current contract period of the Contract drawn up between the Parties and may in no case exceed this value. Any other parties such as TSBC’s subsidiaries, officers, directors, employees, agents, partners and licensors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services or other intangible losses (even if TSBC has been advised of the possibility of such damages).

However, a Party shall never be held liable for any indirect or unforeseeable damages, such as loss of income, loss of profit, damage to one’s reputation or business interruptions. However, this limitation of liability shall not apply if the damage is caused intentionally or by gross negligence.

TSBC is not responsible to the Partner’s customers or third parties for the availability or correctness of the services included in this program, nor for their suitability for a particular purpose.

TSBC’s responsibility for technical services and their functionality is limited to the functionalities of TSBC’s own information systems and Service offering. TSBC cannot guarantee disruption-free access to the services throughout the targeted coverage area of the services, or otherwise guarantee the availability or disruption-free use of the services. TSBC is not responsible for any restrictions on the use of the service abroad.

Any compensation claims resulting from potential breaches of the Contract must be submitted to the other Party in writing (e.g. via email) within two (2) months from the date on which the Party detected or should have detected any negligence, action or error entitling the Party to compensation.

 

7. Changes to the Service

TSBC aims to inform the Partner of any changes affecting the services within a reasonable time in advance, as well as to take necessary measures to minimize any damages potentially caused to the Partner by these changes. TSBC is not responsible for any damages caused by the aforementioned measures.

 

8. Use of name

TSBC may use your, and the company’s that you are representing, name and logo in its marketing collateral, websites, and promotional materials to identify you as a customer of TSBC.

 

9. Privacy Policy

The valid and current privacy statement used in this Contract can be found on the TSBC website. TSBC reserves the right to change the privacy statement if the legislation or any factor related to person registers changes.

 

10. Disclaimers and warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TSBC AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TSBC AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TSBC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

11. Applicable law and settlement of disputes

This Contract is governed by Finnish law. Any disputes shall be settled primarily through negotiation. If the Parties cannot find a satisfactory solution through negotiation, the dispute shall be settled before ordinary court in the Kent County Court.