Terms & Conditions
GENERAL TERMS AND CONDITIONS
FOR THE USE OF THE SCOUTS CONNECT PLATFORM SERVICE
FAIRMAH LIMITED, trading as SCOUTS CONNECT (hereafter, SCOUTS CONNECT), is a private limited company incorporated in the United Kingdom. The registered address for FAIRMAH LIMITED is Office 1636, 321- 323 High Road, Chadwell Heath, England, RM6 6AX. SCOUTS CONNECT provides its services through its online platform (hereafter referred to as the “Platform”) and the supply of other online services (hereafter referred to as the “Service”) on its website www.scoutsconnect.com.
By using this Platform and related Service you are entering into an agreement with SCOUTS CONNECT.
- The Contract
1.1 This Contract (hereafter Contract) is between SCOUTS CONNECT (hereinafter, SCOUTS CONNECT), and the Customer whose data and general information were registered by the Customer in the relevant section of the registration section. This Contract governs the access to and non-exclusive use of some or all of the features made available in the restricted areas of the SCOUTS CONNECT website www.scoutsconnect.com and the supply of other online services provided by SCOUTS CONNECT, which are provided and managed by SCOUTS CONNECT or through its agents, dealers and/or third parties.
1.2 This Contract shall apply to any and all contracts stipulated between SCOUTS CONNECT and the Customer, unless otherwise agreed in writing with SCOUTS CONNECT.
1.3 The Customer may also purchase a variety of Services, Packages or simultaneous licenses to access the Platform, in which case the provisions of this Contract shall apply to all Services, Packages or simultaneous licenses to access the Platform and Services without the need to sign multiple contracts.
1.4 All services of SCOUTS CONNECT are offered through its website www.scoutsconnect.com.
1.5 This contract shall remain in place for the duration of the Customer’s membership and/or use of the Platform.
1.6 With regard to the features available on the Platform the following shall apply:
1.7 Customers are expressly forbidden to upload, publish, distribute, sell, re-sell, make accessible to the public on or through any website held or controlled by the same Customer, third parties or SCOUTS CONNECT’s competitors, any video or any other content downloaded from the Platform.
Private Area / Accounts and User Generated Content Upload
1.8 Customers may be allowed to upload videos and other materials to their private area of the Platform, within the limitations set forth in this Contract.
1.9 In any case, Customers acknowledge and undertake to comply with the provisions of the following Article 4 with reference to User Generated Contents.
1.10 The Customer who uploads to the platform videos undertakes to obtain all necessary authorisations, waivers and/or other documentation related thereto. SCOUTS CONNECT reserves the right to ask the Customer to provide such authorisations, waivers and/or documentation.
2.1 The access to the Platform and/or the Service is provided on an ongoing basis every day of the week, 24 hours a day, except where the access is suspended due to technical problems and/or maintenance.
2.2 SCOUTS CONNECT shall provide the Customer with Login Credentials to access the Platform and the Services. The unlawful use of the Login Credentials and/or their use by third parties other than the Customer are the sole responsibility of the Customer. In case of loss and/or failure to remember the Login Credentials, the Customer may request new Login Credentials through the Platform to replace the previous ones.
2.3 SCOUTS CONNECT requires the Customer to provide specific information about him/herself. The Customer undertakes to provide true, accurate and complete information and to refrain from falsely representing affiliation with any person or entity. The Customer should always ensure the e-mail address provided to SCOUTS CONNECT remains active. The Customer is responsible for the truthfulness and accuracy of personal data entered onto SCOUTS CONNECT.
2.4 COUTS CONNECT reserves the right to invite, or not invite, the Customer, or its employees or collaborators, to events, forums and conferences organised by SCOUTS CONNECT and/or its partners.
2.5 SCOUTS CONNECT may suspend the Service or the access to the restricted area of the Platform in case of system maintenance which would otherwise not be possible. In this case, however, SCOUTS CONNECT shall provide the Customer with written notice by e-mail in advance, or as soon as practicable thereafter.
Conduct of the Customer – User Generated Contents
3.1 SCOUTS CONNECT may immediately cancel and/or suspend the Customer’s Login Credentials and block access to the Platform, and supply, in whole or in part, of the Service if SCOUTS CONNECT detects any unauthorised use of Login Credentials and/or any use of the Platform and the Service that is unauthorised or performed by unauthorised persons.
3.2 It is strictly prohibited for the Customer to assign, transfer and/or otherwise license and/or charge others to use the Service and/or access the Platform.
- Using the Platform, and with specific regard to the User Generated Contents (including videos), each Customer is solely responsible for the User Generated Contents uploaded by him/her, and undertakes not to upload or otherwise publish through the Platform any of the following:
- User Generated Content that is unlawful, defamatory, offensive, obscene, indecent, vulgar, sexually explicit, of a harassing nature, threatening, invasive of privacy or publicity rights, abusive or otherwise objectionable;
- User Generated Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party to this agreement, or that would otherwise create liability or violate any local, national or international law;
- User Generated Content that describes, references, or otherwise communicates violent, dangerous, illegal, and/or criminal acts;
- User Generated Content that describes, references, or otherwise communicates hate or discrimination concerning gender, sexual orientation, race, religion, or nationality;
- User Generated Content that is harmful to, or degrades the goodwill associated with the trademark(s) or name(s) of SCOUTS CONNECT;
- User Generated Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;
- unsolicited promotions, political campaigning, advertising or solicitations;
- private information of any third party, including, but not limited to addresses, phone numbers, e-mail addresses and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files;
- User Generated Content that, in the sole judgment of SCOUTS CONNECT, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform or which may expose SCOUTS CONNECT and/or its Platform users to any harm or liability of any type.
3.4 Any use of the Platform in violation of the foregoing rules violates this Contract and may result in, among other things, termination or suspension of any Customer’s rights to use the Platform and the Services.
3.5 Each Customer remains solely liable for all User Generated Contents uploaded onto the Platform. SCOUTS CONNECT does not take on any responsibility or liability for any User Generated Content uploaded by Customers or any third party and/or for any loss or damage thereto.
3.6 As a provider of interactive services, SCOUTS CONNECT is not liable for any statement, representation or User Generated Content provided by its Customers on the Platform.
3.7 Although SCOUTS CONNECT does not routinely review User Generated Content and has no obligation to review, screen, edit or monitor any of the User Generated Content uploaded on the Platform, SCOUTS CONNECT reserves the right, and has absolute discretion, to review, remove, reject, disable access to, screen or edit any User Generated Content uploaded on the Platform at any time and for any reason without prior notice, and each Customer is solely responsible for creating backup copies of and replacing any User Generated Content uploaded onto the Platform at his/her cost.
3.8 SCOUTS CONNECT reserves the right, at its sole discretion, to determine whether and what action to take in response to particular User Generated Content, and any action or inaction in a particular instance shall not dictate or limit SCOUTS CONNECT’s response with respect to other User Generated Content.
3.9 Each Customer represents and warrants that (a) he/she owns and controls all of the rights related to the User Generated Content uploaded or he/she otherwise has all necessary rights to upload such User Generated Content on the Platform; (b) the User Generated Content is accurate and not misleading; and (c) the User Generated Content uploaded does not violate these General Terms or any applicable laws, rules or regulations, and will not violate any rights of or cause damages to any person or entity.
4.1 The Customer shall pay SCOUTS CONNECT the amount specified for membership at the time of their registration inclusive of VAT.
4.2 In the event of an unsuccessful debit transaction for the Consideration, due to expiration, insufficient funds, technical reasons or otherwise, SCOUTS CONNECT shall send a communication advising the Customer of failure to pay; SCOUTS CONNECT will proceed to reprocess the same payment 7 (seven) calendar days after such communication. In the event that any further attempt of payment is also unsuccessful, at the sole discretion of SCOUTS CONNECT, the access to the Platform and/or the Service will be suspended, Login Credentials will be deactivated and a notice will be sent to the Customer requesting him/her to check the accuracy of the information and procedures for the payments of the Consideration in accordance with the method of payment selected by the Customer.
Industrial Property Rights of SCOUTS CONNECT
5.1 The Customer agrees and acknowledges that the Platform and Service and any software used to provide the Service and the management of the Platform are owned by SCOUTS CONNECT. Reproduction, distribution or transmission of the Software and the Protected Materials without the prior and express written consent of SCOUTS CONNECT is prohibited.
5.2 Any reproduction, modification, creation of derivative works, redistribution or retransmission of the Software is expressly prohibited and will result in legal penalties.
5.3 Without prejudice to the above, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is strictly prohibited. The Customer may not decompile or disassemble, perform reverse engineering or otherwise attempt to ascertain any source code contained in any software provided by SCOUTS CONNECT in execution of this Contract.
6.1 The Customer understands and expressly agrees that:
- A) SCOUTS CONNECT shall not provide any guarantee that:
- the Service and/or Platform will meet the expectations and needs of the Customer;
- the Service and/or Platform will generate any offer from any professional football academy/club
- Footage will always be continuously present in the Platform and/or provided through the Service; or
- B) Any information, Footage, material or other content downloaded or otherwise obtained through the use of the Service and/or the restricted area of the Platform is made at the sole discretion and risk of the Customer and that the Customer shall be solely responsible for any damage caused to its computer systems or those of third parties or for loss of data resulting from the downloading of Footage and/or Software or other Copyrighted Material or other content through the Platform.
6.2 SCOUTS CONNECT is not responsible for the contents, information and details published in the website and /or on the Platform the correctness, update and completeness thereof. SCOUTS CONNECT, its directors, employees and agents, shall not be liable for any, whether direct or indirect, damage or injury of any kind, whatever their cause, origin, nature or consequences, resulting from the access to, or inability to access, the Website, nor from the reliance on any information provided on or via the Website.
SCOUTS CONNECT Limitation of Liability
7.1 Except in cases of fraud or gross negligence, SCOUTS CONNECT’s liability to the Customer arising from, or related to, this Contract shall not exceed the amount that the Customer pays SCOUTS CONNECT under this Contract during the twelve (12) months of membership.
Customer Declarations and Guarantees and Additional Agreements
8.1 The Customer declares, guarantees and undertakes that he/she: (a) has the power and authority to enter into this Contract; (b) shall access the restricted area of the Platform and use the Service solely only in accordance with this Contract.
8.2 The Customer undertakes to comply with all laws, regulations, articles of association and decisions applicable in the United Kingdom for the entire duration of the Contract; such compliance is necessary or desirable in order to proceed with the signing and execution of this Contract.
8.3 SCOUTS CONNECT reserves the right to revise or amend this Contract from time to time. Any revisions or updating to this Contract shall be communicated to the Customer by notice sent to the Customer with reasonable notice. If the Customer does not wish to adhere to the amendments made, he/she may terminate the Contract by contacting the email address email@example.com. In case of termination made by the Customer under this Section, NO MONIES will be due to the Customer by way of reimbursement or otherwise.
Duration of the Contract
9.1 Duration of the Contract is specified in clause 5.1 of the contract except for each Party’s right to cancel the Contract at any time as stipulated in clause 10.1 to 10.3 below. In case of failure to send notice of cancellation, this Contract shall continue in effect between the Parties and the membership fee shall be made payable to SCOUTS CONNECT.
Express Termination Clause – Early termination of the Contract
10.1 By sending written notification to the Customer by e-mail or registered mail, SCOUTS CONNECT may terminate this Contract with immediate effect
10.2 In all cases of termination made by SCOUTS CONNECT, SCOUTS CONNECT will only refund the unused part of the Consideration paid in advance by the Customer. Notwithstanding the above, the refund shall not prejudice any right of indemnity for any damages or costs suffered or borne by SCOUTS CONNECT arising from facts, acts and/or the behaviour of the Customer.
10.3 Each Party has the right to terminate the Contract at any time. The Membership fee is non-refundable and SCOUTS CONNECT does not provide refunds or credits for any partial use of the Platform and/or Services. To cancel, the Customer is required to contact the following e-mail address: firstname.lastname@example.org.
Consequence of Termination of the Contract and Survival of Certain Clauses
11.1 In the event of termination of the Contract, SCOUTS CONNECT will disable the Login Credentials to the Platform and suspend the Service with effect from the effective date of termination/cancellation/withdrawal, for any reason occurred.
11.2 In the event of termination of the Contract, SCOUTS CONNECT will disable the Login Credentials to the Platform and suspend supply of the Service simultaneously sending the Customer notice of termination.
11.3 In the event of termination of the Contract, the following provisions shall remain valid and binding to the Customer; upon termination of the Contract, the Customer shall immediately cease use of the Platform and all Services and SCOUTS CONNECT may disable Login Credentials.
Assignment of Contract
12.1 The Customer may not assign this Contract to any third party without the prior written consent of SCOUTS CONNECT, under penalty of the immediate termination of this Contract due to the negligence of the Customer and damages.
12.2 The Customer may not sublicense and/or otherwise transfer to third parties the use of Login Credentials or the use of the Service or access to the Platform, under penalty of the immediate termination of this Contract due to the negligence of the Customer and damages.
12.3 SCOUTS CONNECT has the right to freely transfer this Contract to others, in whole or in part, and the rights and obligations arising from the same, without requiring the consent of, or informing the Customer.
Data Protection Security compliance
13.1 SCOUTS CONNECT shall use reasonable physical, electronic and procedural safeguards to protect against data loss, misuse and alteration, of any personal data received by SCOUTS CONNECT from the Customer.
Communications and Notices
14.1 Statements, notices and other communications to the Customer may be made by e-mail, publication on the Platform or on the SCOUTS CONNECT website or by any other reasonable means. The Customer shall be solely responsible for the updating of his/her registered email account. SCOUTS CONNECT shall not be responsible for undelivered notices due to the Customer’s failure to update his/her account information. Except as provided above in general, SCOUTS CONNECT may provide notices of changes to the Service by displaying notices or links to notices generally on the SCOUTS CONNECT website.
15.1 If any provision of this Contract is held invalid or unenforceable, such provision will be considered null and void while the remaining provisions will remain in full force and effect.
15.2 The failure of SCOUTS CONNECT to exercise or enforce any right or provisions hereof shall not in any way constitute a waiver of such right or provision.
15.3 This Contract expresses the entire understanding and agreement between SCOUTS CONNECT and the Customer pertaining to the subject matter thereof.
15.4 Section headings are provided for ease of reading and have no legal or contractual effect.
15.5 No party has the right or authority to create obligations or give representations or guarantees in the name and on behalf of another party. This Contract may not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any obligation or liability of a partnership to one of them. The parties acknowledge and agree that this Contract may be executed and terminated without the need for written signatures.
15.6 The Customer expressly declares that he/she has read and fully understood this Contract, and that he/she accepts all of its terms and conditions. The Customer has independently evaluated all aspects of this Contract and the opportunity to adhere to them.
16.1 All the information which the Customer becomes aware of during the execution of this Contract concerning, for example, the organisation, business and activity of SCOUTS CONNECT, as well as information regarding the Platform, Service, Software, Protected Materials and Footage or any other information acquired by the Customer under this Contract, is entirely confidential and must not be communicated or disclosed, either directly or indirectly, to third parties.
Governing Law and Jurisdiction
17.1 This Contract is governed by the laws in the United Kingdom.
17.2 Any dispute arising between the parties concerning the interpretation, validity, efficacy and/or execution of the Contract shall be settled amicably between them, and if this is not possible, shall be referred exclusively to the courts in the United Kingdom.