Terms of Use Agreement

Terms and Conditions of Use

Please read the provisions herein and our Privacy Policy carefully.  By accessing and using Football Sessions’ products and services and/or installing our Mobile Applications (Apps), you accept and agree to be bound by the terms and conditions of this agreement.  Football Sessions Ltd (“Company”, “we”, “us” or “our”) reserve the right to amend these terms and conditions at any time. Your participation in and use of our Services will constitute acceptance of this Terms of Use Agreement as well as our Privacy Policy, as may be amended from time to time.  If you do not agree to abide by the above, please discontinue your access to our Services.


 

1.  Our Services

Services means the services provided by Football Sessions on the Website and via our Apps.  These include:-

  • our services provided via the Coaches App both free and subscription

  • our services provided via the Players App both free and subscription

  • regular features

  • in-App purchases

  • separate downloadable content

  • website content.

 

The Services we offer may expand and we shall inform our users and revise the terms herein accordingly.  We continuously improve our Services, therefore we shall from time to time launch new features which may mean the older features and version(s) thereof shall no longer be supported on our Website or Apps.  We shall inform you of the steps you could take to enjoy our new features.

 

You will receive all communication via the email address you have provided to us when you install our Apps or upon registration on our website.  You will also receive App notifications for updates and offers. 

 

2.  Acceptable Use

Please use our Services only for their intended purpose and in accordance with these Terms of Use.  Provided that you do not violate these Terms of Use, you are granted a non-exclusive licence to use the Services for their intended purpose.  

 

You may not access or use our Services for any purpose other than that for which we make the Apps and our services available.  You may not copy, resell or make any commerical gain from the content provided by Football Sessions. The Services may not be used in connection with any commerical endeavours except those that are specifically endorsed or approved by us.  You may not transfer the licence to anyone else and if you violate the Terms of Use we reserve the right to withdraw the licence.

 

3.  Our Content

Provided that you are eligible to use the Services, you are granted a limited licence to access and use our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

 

Our Services are offered as guidance.  We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Services, and shall not be responsible or liable for any error or omissions in that information.

 

We do not warrant that the information or other material purchased or obtained by you will meet your expectations.

 

You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and these Services would not be provided to you absent of such limitations.

 

4.  Mobile Application

We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Apps on wireless electronic devices owned or controlled by you, and to access and use the Apps on such devices strictly in accordance with the terms and conditions of this agreement.

 

The following terms apply when you use a mobile app obtained from either the Apple Store or Google Play (each an App Distributor) to access the services of the App:

 

a.  The licence granted to you for our mobile apps is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android™ operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;

b.  We are responsbile for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law.  You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

c.  In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distriubutor will have no other warranty obligation with respect to the mobile application; and

d.  You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

Ongoing Monthly Subscription  -  If you have chosen a monthly term, your Football Sessions subscription will continue month-to-month unless and until you cancel your membership or we terminate it.  You must cancel your subscription before it renews each month in order to avoid billing of the next month's membership fees to your payment method.  Monthly renewals occur on the month anniversary of your initial purchase date.   We will, through the App Distributor bill the monthly membership fee to the payment method you provide during registration (or to a different payment method if you change your account information). Subscription fees are fully earned upon payment.

 

Ongoing Annual Subscription  - If you have chosen an annual (yearly) term, your Football Sessions subscription will continue year-to-year unless and until you cancel your membership or we terminate it.  You must cancel your subscription before it renews each year in order to avoid billing of the next year's subscription fees to your payment method. Annual renewals occur on the year anniversary of your initial purchase date. We will, through the App Distributor bill the annual subscription fee to the payment method you provide during registration (or to a different payment method if you change your account information). Subscription fees are fully earned upon payment.

 

(Android is a trademark of Google LLC.  Google Play is a trademark of Google LLC.)

 

5.  Cancellations and Refunds

Subject to the below terms, you may cancel your contract for any reason, within fourteen days of receiving your subscription confirmation email.  Your right to cancel will terminate upon the earlier of (i) fourteen days from the day of concluding your contract, and (ii) commencing use of or access to the subscribed for App.  We call the time from when your right to cancel starts until your right to cancel terminates a Cooling Off Period. If you cancel your contract during the Cooling Off Period, we will reimburse you for all payments received from you.  All reimbursements will be made to you within fourteen days and using the same means of payment you used for the initial transactions, unless agreed otherwise.

 

As per point (ii) above Football Sessions reserves the right to not process or to cancel your order in certain circumstances.  For example, if you have accessed and used the report making facility for its intended purpose, if we suspect the request or order is fraudulent, or in other circumstances Football Sessions deems appropriate in its sole discretion.

 

After the fourteen days Cooling Off Period you can easily cancel online 24 hours a day. There are no cancellation fees although there are no refunds for partial years of the annual subscription. 

 

We also want to make sure that the person cancelling is you. Therefore, any cancellation request must be requested by the account holder.  We reserve the right to ask for verification that the person requesting the cancellation is actually you. We won’t honour any cancellation requests from third party services.

 

6.  Information You Provide to Us

a.  You represent and warrant that:-

 

  1. all registration information you submit will be true, accurate, current and complete and relate to you and not a third party;

  2. you will maintain the accuracy of such information and promptly update such information as necessary; 

  3. you will keep your password confidential and will be responsibe for all use of your password and account;

  4. you have the legal capactiy and you agree to comply with these Terms and Conditions; and

  5. you are not under the age of 13 years.

 

b.  If you supply any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account.  

 

We may remove or change a user name you select if we determine such username is inappropriate or legal claim or trademark has been made by businesses or individuals.  For instance, if you are not really Lionel Messi, then don’t use ‘Lionel Messi’.

 

c.  You are responsible for any activity that occurs under your account.  You may not authorise others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.  You agree to notify Football Sessions immediately of any unauthorised use of your account or any other breach of security. Football Sessions will not be liable for any loss or action that you may incur as a result of someone else using your account, either with or without your knowledge.  However, you could be held liable for loss or action incurred by Football Sessions due to someone using your account.

 

If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential.  You must not disclose it to any third party.   

 

7.  Disclaimer of User Content

User Content means all information generated through use of the Apps by users, including but not limited to reports generated, coaching sessions, profile pictures, club identity, and coach/player comments. 

 

You warrant that any User Content does comply with these Terms of Use and you will be liable and agree to indemnify and hold Football Sessions harmless for any breach of that warranty.  This means you will be responsible for any loss, claim, or damage we suffer as a result of your breach of this warranty.

 

Football Sessions does not have an opinion or direct involvement with the scoring of individual player reports and therefore, respectfully advises that all parties must make their own opinion as to the accuracy and usefulness of the content generated.

 

The app gives users the ability to incorporate a club identity (logo) into player reports and it is understood that Football Sessions has no responsibility or liability on the inclusion of this information. It is the sole responsibility of the user. 

 

Football Sessions is not responsible for and accepts no liability for any User Content whatsoever that contains incorrect information, for any inaccuracies or misjudgements, or harmful, threatening, abusive, vulgar, libelous, racially or ethnically objectionable, or defamatory comment by the licenced user.

 

We have the right to remove without prior notice any User Content you put in the App if, in our opinion, such User Content does not comply with these Terms of Use.  Deleted Content may be stored by Football Sessions in order to comply with certain legal obligations and may not be retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of User Content.  Football Sessions will not be liable to you for any modification, suspension, or discontinuation of the app service, or the loss of any Content.

 

We accept no obligation to screen , edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time.  User Content has not been verified or approved by us and the views expressed by you on the site do not represent our view or values.

 

In posting user content, including coach comments, reviews or making contact with other users of the App, you will comply with these Terms of Use.

 

8.  Intellectual Property Rights

All intellectual property rights in the Service belong to us or are licenced to us.  Nothing in these Terms of Use shall be construed as a transfer of any intellectual property, or other rights, to you or to anyone else.


 

9.  General 

a.  Sending us emails and completing online forms consititute electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, satisfy any legal requirement that such communication be in writing.

 

You hereby agree to the use of electronic signature, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the App.  You hereby waive any rights or requirement under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature.

 

b.  These Terms of Use and any policies or operating rules posted by us on our Apps or in respect to the Services constitute the entire agreement and understanding between you and us.

 

c.  We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

 

d.  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the App or services.

 

e.  In order to resolve a complaint regarding the services or to receive further information regarding use of the services, please contact us by email at info@footballsessions.com or by post to:- 20-22 Wenlock Road, London N1 7GU.


10.  Modifications to and availability of the Services

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. 

 

We cannot guarantee the Services will be available at all times.  We may experience hardware, software, or other problems or need to perform  maintenance related to the Services, resulting in interruptions, delays, or errors.  You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by you inability to access or use the Services during any downtime or discontinuance of the Services.

 

There may be information on the Services that contain typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, diagrams, and various other information.   We reserve the right to correct any errors, inaccuracies, or omissions and the change or update the information at any time, without prior notice.

 

11.  Termination

We reserve the right to force forfeiture of any account that in the reasonable opinion of Football Sessions becomes inactive, violates trademark law or other applicable laws, or may mislead other users.

 

12.  Third Party Content and Disclaimer

 

a.  From time to time, our Services may include links to third party websites, Cookies and/or digital media.  Posting these links does not signify endorsement of hyperlinked third parties. Football Sessions shall not be held liable to or responsible for any third party content.

 

b.  It shall be the User’s own responsibility to read any third parties own terms and conditions or privacy policies and to ensure that any third parties’ products or services meet User’s requirements.


 

13.  Disclaimer of Warranty, Liability, and Indemnification

You agree to indemnify, defend and hold harmless Football Sessions Ltd and their respective affiliates, employees, officers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable legal fees and expenses) related to (i) your violation of the Terms of Use and (ii) your content material within the Services, or (iii) the use of or reliance of any Content.

 

 

14.  Governing Law

Football Sessions Ltd Terms of Use and its Privacy Policy shall be construed, governed and take effect in accordance with English law. Subject to any method of resolution of disputes as agreed by Football Sessions and its contracted parties from time to time, the courts of England and Wales shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Terms of Use or the Privacy Policy

 

International users agree to comply with our local laws regarding online conduct and acceptable User Content.

 

This Terms of Use agreement is valid as at  31 January 2020.