Terms of Service for Clubs
1
General
1.1www.pitchero.com is operated by Pitch Hero Limited ("We" "Us" "Our" "Pitchero"). We are registered in England and Wales under company number 06361033 and have Our registered office at Sterling House, Capitol Park East, Tingley, Leeds, West Yorkshire, WF3 1DR. 1.2This document (together with the documents referred to in it) tells you the terms of service (“Club Terms”) that apply to any club/league/county entity (“Club”) when you set up a new site (“Club Account”) using Our website www.pitchero.com (“Website”), which provides a website creation service and social network platform (“Service”). The Club Terms constitute the terms between Pitchero and the Club. 1.3The individual who creates the Club Account on behalf of the Club (“Webmaster” “You”) undertake that You have the necessary authority to enter into the Club Terms on behalf of the Club. Both You and any other person to whom you give administrative access to and/or control of the Club Account (“Officials”) must ensure adherence to the Club Terms on behalf of the Club. 1.4By creating a Club Account, you indicate that you accept these Club Terms and that You agree to abide by them. If You do not agree to these terms of use, please refrain from creating a Club Account. We reserve the right to update and change the Club Terms from time to time and your continued use of the Services will constitute your acceptance of such changes.. The terms are additional to the Terms You agreed to when signing up to Our Website. If there is any conflict between the Terms and these Club Terms, the Club Terms shall prevail. 2
Creation of a club account
2.1To create a Club Account You must have a valid Pitchero ID and be aged 18 or over. As Webmaster You are responsible for the operation and administration of the Club Account. 2.2You agree to immediately notify Us in writing of any unauthorised use of the Club Account or any other breach of security and You must ensure that You exit from your the Club Account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this clause 2.2. 2.3You agree to provide true, accurate, current and complete information about yourself and the Club (“Registration Data”) as prompted by the Club Account registration form, and You must maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your individual account and/or the Club Account and refuse any and all current or future use of the Service (or any part thereof). 3
Charges and payment
3.1Some of our packages are only available if You/the Club pay for them. The charges for the different packages are shown on the Website and are inclusive of VAT. 3.2You/the Club can pay for a package online by credit card or by setting up a monthly direct debit (preferred method). You can also pay by cheque or electronic bank transfer although these methods will incur a £15 administration charge. If You/the Club want to pay by bank transfer our bank details are available upon request. Cheques should be made payable to Pitch Hero Ltd and posted to Pitchero, Sterling House, Capitol Park East, Tingley, Leeds, West Yorkshire, WF3 1DR for the attention of Pitchero Support Team. 3.3All payments (except cheques) are processed via 3rd party payment providers and We will not have access to Your card and/or bank details at any time. 3.4The charges will be payable in advance and You can choose whether to pay monthly or annually. If You pay online by credit card or direct debit We will automatically take payment each month/year (as applicable) and will continue to do so until You advise us otherwise. 3.5You can cancel a package at any time via your website control panel. You can also send us a cancellation request via email to support@pitchero.com, or in writing to our postal address. Please include your contact details in case We have an issue with processing your request. 3.6If We accidentally take payment after you have given us notice that You/the Club no longer wish to pay for a package We will refund you in full. We may also issue you with a refund if any of the package features are not available, but only if the unavailability is due to our act or omission. 3.7You may upgrade or downgrade packages at any time by selecting the package you want on the Website. If You upgrade to a higher package, the higher package will be available to You as soon as You/the Club have paid the relevant charges. If you downgrade to a lower value package, You/the Club will be charged the lower amount when your next schedules payment is due. For the avoidance of doubt, You/the Club will not be issued a refund if You/the Club downgrade or cancel part way through a month (if paying monthly) or year (if paying annually). 3.8If We are unable to collect payment for any reason or You/the Club fail to pay the charges, We may suspend the features of the relevant package until we receive payment in full and in cleared funds. 3.9We reserve the right to change the charges at any time by giving You/the Club not less than 30 days’ notice. 3.10Some of our packages include the registration of a domain name. If You already have a domain name, You may transfer it into our system. 3.11We also provide electronic mailboxes and forwarding addresses. Please see the pricing page for the limits per package. 3.12We will cover the cost of your domain name registration and any mailboxes or forwarding addresses for as long as you continue to pay for your package. 3.13If you cancel your subscription or fail to pay for your website package, you may experience interruption to your domain name and associated mailbox service. 3.14All domain names and associated mailboxes are processed via a 3rd party registrar and will be administered by Us. You will continue to own the domain. 3.15You can transfer the domain name to another registrar/provider. An administration fee of £25 is incurred in order to process the transfer. Please email support@pitchero.com for details of this process. 4
Transaction fees
4.1Our shop and payments system allows You to collect money from your members. 4.2Each transaction carries a transaction fee to us and also to the relevant payment provider. Our standard transaction fee is 2.9%. It is possible reduce this to 1.9% by subscribing to the Elite package or 0.9% by subscribing to the Ultimate package. The transaction fee is inclusive of VAT. Exports from the shop and payments systems will separate the VAT. 4.3Current payment provider transaction fees are available via their respective websites. At the time of writing, provider fees for UK clubs are: 4.3.1GoCardless: 1% (min: 20p, max: £2) 4.3.2Stripe: 1.4% + 20p 4.4Because the payment providers offer a financial service only, there is no VAT to pay on their transaction fee. 4.5Clubs outside of the UK should see provider websites for pricing specific to their location: GoCardless (Director debit/SEPA), Stripe (Credit & debit cards). 5
Cancellation and termination
5.1If You cancel the Club Account, the cancellation will take effect immediately. After cancellation the Club Account will be de-activated and will no longer be accessible by the public, by You or the Club Account members unless You expressly require us to do so, We will not close the Club Account and will keep this in existence so We can try find someone who will take over the Club Account. Where You require us to close the Club Account, You will have the opportunity to copy and paste information and content from the Club Account prior to its closure. When a Club Account is closed all information therein may be deleted and We accept no liability for such deleted information or consent. 5.2We may, in our sole discretion, terminate and/or suspend the Club Account and remove and discard any content within the Club Account for any reason, including without limitation, if We believe that You have violated or acted inconsistently with the Club Terms. 5.3You agree that any termination of your access to the Service under these Club Terms may be effected without prior notice and you acknowledge that We may immediately deactivate or delete the Club Account and all related information and files. We reserve the right to bar any further access to such files or the Service. We will not be liable to You or any third-party for any termination of your access to the Service. 6
Data and privacy
6.1For the purpose of this clause 6, “Data Protection Legislation” means the Data Protection Act 1998 as amended, extended, re-enacted or consolidated from time to time, including without limitation, the implementation of the General Data Protection Regulation (EU) 2016/679 and any other relevant laws (having regard to the geographic location of users of the Website) relating to the protection of data throughout the world from time to time. 6.2We understand that You will collect data from members during the administration of the Club Account. You may also upload other information onto our Website such as (without limitation) fixture lists, team line ups, match scores, match summaries, videos and photos (“Club Data”). Where such data is personal data (as defined by Data Protection Legislation) You will be the data controller (as defined by Data Protection Legislation) and You shall ensure that You comply with all Your obligations as data controller when using such data including but not limited to: 6.2.1ensuring that adequate privacy notices have been provided to data subjects (as defined by Data Protection Legislation) (including the Members) so they understand the circumstances their personal data will be shared with Us, and the purposes of the data sharing; and 6.2.2ensuring that appropriate consent has been obtained from the data subject where required to allow their personal data to be used by Us and shared with third parties as set out in our privacy policy available on our website. 6.3We have provided a GDPR toolkit on our website which will assist You/the Club in your compliance with Data Protection Legislation. This information should be used as a guide only and we strongly recommend that you seek your own legal advice and/or refer to the Information Commissioner’s Office guidance on its website for further information. 6.4The Club will indemnify Us against any claims, losses, damage or fines We incur due to Your breach of clauses 6.2 and 6.6. 6.5When you upload any videos or photos onto Our Website, You and the Club agree to grant us a licence in accordance with clause 9.2 and We shall be free to use such videos/photos as We see fit. Where this happens, We will become data controller in respect of the videos/photos. Where you upload videos or photos of third parties, you will be asked to confirm you have their consent to do so. 6.6The Club and Pitchero shall comply in all respects with the provisions of Data Protection Legislation in our capacity as data controllers in relation to all information made available to each other. 7
Ownership of club account and security
7.1You are responsible for maintaining the security of the Club Account and You are fully responsible for all activities that occur under the Club Account. You agree to notify Us immediately in writing of any unauthorised use of the Club Account or any other breaches of security. 7.2If and when You decide to add an Official to the Club Account, You must ensure that such person is over the age of 18. 7.3The Official will have administrative access to the Club Account you must ensure that the person is a responsible adult as they will have access to personal data and/or sensitive personal data. We strongly advise You carry out any necessary backgrounds check before appointing an Official, especially if the Club Account has members who are under the age of 18. 7.4We will not be liable for any loss or damage from Your failure to comply with this clause 7. Under no circumstances will We be liable, in any way, for any acts or omissions by an Official or a Member. 8
Content and conduct rules and obligations
8.1All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. As Web Master You have a responsibility to moderate any such Content on the Club Account and remove it where you think it is inappropriate. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. 8.2We may preserve Content and may also disclose Content if required to do so by law or if We believe, in the good faith, that such preservation or disclosure is reasonably necessary to: 8.2.1comply with legal process; 8.2.2enforce these Club Terms; 8.2.3respond to claims that any Content violates the rights of third-parties; or 8.2.4protect the rights, property, or personal safety of Pitchero, its users and the public. 8.3Notwithstanding Your duty to moderate the Club Account, should Content be found or reported to be in violation of these Club Terms or the Terms, it will be in Pitchero's sole discretion as to what action should be taken. 9
Intellectual property rights
9.1We are the owner or the licensee of all intellectual property rights in the Service, Website, and in the material We publish on it and any necessary software used in connection with the Service ("Software”). These works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly authorised by Us or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. 9.2Subject to clause 6.5, We do not claim ownership of the Content You or your members place on the Club Account. By submitting Content to Pitchero for inclusion on the Club Account, you grant Us a world-wide, royalty-free and non-exclusive perpetual licence to reproduce, modify, adapt, distribute, sub-licence and publish the Content. You and any Official will not upload any Content unless you have the right to grant a Licence in accordance with this clause. 10
Indemnity
10.1The Club shall agree to indemnify Us, and Our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of any Content, Your use of the Service, Your members’ activities, Your connection to the Service, your violation of these Club Terms. You are solely responsible for Your actions when using the Service, including, but not limited to, costs incurred for Internet access. 11
Disclaimer
11.1You expressly understand and agree that where You use the Service, this is at your/the Club's sole risk. The Service is provided on an "as is" and "as available" basis. We expressly disclaim 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. 11.2We will make reasonable efforts to maintain the Service, however, We are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorised use due to You sharing access to the Service, or other interaction with the Service. You are responsible for maintaining and backing-up your data and information that may reside on the Service. 11.3We do not warrant that: 11.3.1the Service will meet your specific requirements; 11.3.2the Service will be uninterrupted, timely, secure, or error-free; 11.3.3the results that may be obtained from the use of the Service will be accurate or reliable; 11.3.4the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and 11.3.5any errors in the software will be corrected. 11.4Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that You and any Official will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 11.5No advice or information, whether oral or written, obtained through or from the Service shall create any warranty not expressly stated in these Terms. 12
Limitation of liability
12.1To the extent permitted by law, We, other members of Our group of companies and third parties connected to Us hereby expressly exclude: 12.1.1all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and 12.1.2any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Website or in connection with the use, inability to use, or results of the use of Our Website, any websites linked to it and any materials posted on it, including: 12.1.2.1loss of income or revenue; 12.1.2.2loss of business; 12.1.2.3loss of profits or contracts; 12.1.2.4loss of anticipated savings; 12.1.2.5loss of data; 12.1.2.6loss of goodwill; and 12.1.2.7wasted management or office time, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. 12.1.3This does not affect Our liability for death or personal injury arising from Our negligence, or Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law. 13
General
13.1Failure by Us to exercise or enforce any right or provision of these Club Terms shall not constitute a waiver of such right or provision. 13.2These Club Terms constitute the entire agreement between you and Us in relation to the operation of any Club Account and supersede any prior agreements. 13.3If a court says that part of this agreement is not enforceable in law the rest of the agreement shall still be enforceable. 13.4The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Website although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. 13.5These Club Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 14
Contact us
14.1If You have any questions, comments or concerns regarding these Club Terms please contact us at support@pitchero.com or write to us at Pitch Hero Limited, Sterling House, Capitol Park East, Tingley, Leeds, West Yorkshire, WF3 1DR. 14.2Please report any violations of these Club Terms to support@pitchero.com