Sport for Business Terms and Conditions
Last updated November 1st 2015
Part 1 General
1.1 Together Sport for Business Limited t/a Sport for Business (“we” or “us”) owns and operates the websites, www.sportforbusiness.ie and www.sportforbusiness.com (“Website”) and is an Irish private limited company with its registered office at 18 College Green, Dublin 2, Ireland
1.2 Our registered company number is 500678 and our VAT number is IE980567N.
1.3 Sport for Business is an organisation devoted to bringing sports and business communities together to facilitate the building of relationships and business opportunities.
1.4 These terms and conditions (“Terms and Conditions”) govern your use of the Website whether you are simply browsing the Website, subscribing to be a member of Sport for Business or are an existing member of Sport for Business. If you are subscribing to be a member of Sport for Business, then you will need to agree to the subscription terms at Part 2 of these Terms and Conditions. These subscription terms also apply to all members of Sport for Business.
2. Your Acceptance of these Terms and Conditions
2.1 By accessing and using this Website you are agreeing to be bound by these Terms and Conditions. You should therefore read the Terms and Conditions carefully and in their entirety.
2.3 None of the provisions of these Terms and Conditions will be interpreted so as to deprive you of any rights you may have as a consumer under applicable mandatory law.
3.1 We may amend these Terms and Conditions from time to time to update them or make other changes we consider necessary, but we will post notice of any material changes to the Terms and Conditions on the Website. Your continued use of the Website signifies your acceptance of any revised Terms and Conditions.
4. Use Of Website
4.1 You may use the Website to find more information about Sport for Business, to subscribe to be a member of Sport for Business or to manage or avail of your Sport for Business subscription. You are not permitted to use the Website for any other commercial purpose.
5. Information Purposes Only
5.1 The content of the Website is provided for information purposes only, is subject to change and may be updated from time to time without notice to you.
5.2 Websites may be tampered with by unauthorised persons and accordingly, you should view the information provided as indicative only. We do not guarantee that the information provided on the Website will be accurate in all material respects and you should therefore independently verify any information on the Website.
6. Intellectual Property and Use of Content
6.1 Subject to relevant intellectual property rights of some third parties[u2] , we retain all right, title and interest in the information, communications, software, scripting, photographs, text, video, graphics, music, sounds, images, trademarks, trade names, logos and we also retain all right title and interest in any other materials we provide to you, for example, the Sport for Business News Digest, e- magazine or podcasts and other content we may provide to you if you become a member of Sport for Business (collectively, the “Content”).
6.2 You should note that the Content is by protected copyright, trademark, database right, sui generis rights and other intellectual property laws (as the case may be), under national laws and international treaties.
6.3 You may not make alterations, copies, extractions, modifications, or additions to the Content on this site, or sell, copy, disseminate or licence it, or misuse the Content in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use the Content, you must contact us in advance for permission except if otherwise expressly provided in these Terms and Conditions.
6.4 This is without prejudice to any rights you may have under applicable mandatory law.
7. Liability for use of the Website
7.1 Use of the website is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use of, viewing, access to, relying on or downloading of the Website and/or any Content.
7.2 You agree that we are not liable for loss or damages arising out of your use, or your inability to use this, Website.
7.3 This Website is provided as is and we make no undertaking, representation or warranty:
7.3.1 in connection with the completeness or accuracy, reliability or timeliness of any the Content or that the Content is non-infringing; and/or
7.3.2 that this Website or its server is free from defects, errors, viruses, bugs or other harmful elements.
7.4 To the fullest extent permitted by applicable law, we exclude all liabilty to you, however arising, under or in connection with your use of the Website and the Content, even if we have been advised of the possibility of such loss or damages, or if such loss or damages were reasonably foreseeable.
7.5 If we have any liability to you in relation to your use of the Website, it is in all cases limited in aggregate to one thousand euro (€1,000) only.
7.6 Our liability to you in respect of any subscription you may have with Sport for Business is set out below.
8. Communication At Your Own Risk
8.1 E-mail and other methods of transmitting information over the Internet are subject to interference or scrutiny by third parties and should be independently verified.
8.2 We cannot ensure security and privacy of such communications and all risk in transmitting such communications lies with you.
9. Links To Third Party Websites and Advertisers
9.1 The Website may contain links to third party websites, but this does not mean that we endorse or authorise those websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. We may terminate a link to a third party website at any time.
9.2 The fact that we provide a link to a third party website does not mean that we endorse, authorise or sponsor that website, nor does it mean that we are affiliated with the third party website’s owners or sponsors
10. Prohibited Acts
10.1 You may not use the Website in any manner which could damage, disable, overburden or impair the Website or any other party’s computer systems or hack or gain unauthorised access to this Website and its data.
10.2 You must not use the Website to transmit to or from the Website any potentially unlawful, threatening, libellous, defamatory, tortious, obscene, offensive, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is otherwise in breach of any third party intellectual property rights.
10.3 You may not use any automated system or software to extract data from this Website for display on any other website or to use it otherwise.
10.4 General search engines may provide links to our Website. No other websites may provide links to our Website without our prior written consent.
11. Suspension/Termination Of Use
11.1 We may at any time, without notice or reason, suspend or terminate your access to the Website or any service forming part of the Website. We are not liable to you or any third party for any suspension or termination of access to the Website.
12. Privacy Statement
12.1 For full details of the type of information we collect via our Website, our use of such information and any entities to whom we disclose this information, you should read our Privacy Statement which is hereby incorporated into and forms part of these Terms and Conditions.
13. Entire Agreement
13.1 These Terms and Conditions (and other documents referred to in them) represent the entire understanding between you and us concerning the viewing, accessing and use of the Website and all prior promises, representations, understandings, arrangements, agreements are revoked. You agree that you have not relied on any prior promises, representations, understandings, arrangements, agreements in entering into this Agreement. This clause does not exclude or limit any liability for fraud or fraudulent misrepresentation.
14. Irish Law Applies
14.1 This is an Irish based Website and the information provided on it is generated from Ireland.
14.2 The Terms and Conditions are governed by and construed in accordance with the laws of Ireland, and you agree that the courts of Ireland have exclusive jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms and Conditions. However, this does not prevent us from instituting proceedings outside of Ireland
Part 2 – Subscription Terms
15.1 If you wish to subscribe to Sport for Business and avail of the services provided to subscribers (“Services”), clauses 1 to 13 above will apply to any such subscription to the extent your subscription involves use of the Website. In particular, though without limitation, clauses 6, 9, 10, 12, 13 and 14 shall specifically apply, with the appropriate changes being made, to your subscription to Sport for Business.
16. Subscription Benefits and Services
16.1 Your subscription benefits and the Services we will supply to you (“Subscription”) will depend on the subscription package you have chosen. Our subscription packages are outlined on the Website here.
17. Invitation to make an Offer only
17.1 The content of the Website does not constitute, and should not be construed as, the terms of a contractual offer. In particular, none of the content on the Website should be construed as a contractual offer to you, but are merely an indication of the various Subscription options that are available to you.
17.2 If you want to wish to subscribe to Sport for Business, you will make an offer to us to become a member of Sport for Business in accordance with these Terms and Conditions. No contract will be formed with you at this point (except for our contract with you for use of the Website). Our Subscription contract with you will come into effect once we have accepted your offer to be a member of Sport for Business and have sent a confirmatory email to this effect to the email address you provided as part of the subscription process.
18. Cooling Off Period
18.1 If you are a consumer (i.e. someone acting outside of the course of your profession), then you may cancel your Subscription without suffering any detriment within 7 days of our accepting your offer to become a member of Sport for Business. You may not exercise this right if we have begun providing Services to you, for example, if we have sent you one of our e-magazine, podcasts or newsletters to you or if you have logged in and accessed the Services.
19. Subscription Payment
19.1 You may pay your Subscription through any one of the payment methods found here.
19.2 All Subscription fees (“Fees”) are payable annually in advance and cover periods of twelve months from the date we accept your offer to become a member of Sport for Business (“Subscription Period”).
19.3 If you choose to pay your Subscription fee by means of credit card, you authorise us to debit all future annual payments from your credit card account.
19.4 However we will inform you thirty (30) days prior to the end of the Subscription Period that your Subscription is due for renewal. You may then cancel your subscription by proving us with notice in writing. If you do not cancel your Subscription, then we will provide you with an invoice for the following year’s Subscription or debit your credit card in accordance with clause 19.3.
20. User Name and Password
20.1 As part of your Subscription, you will need to choose a user name and password. You must protect your user name and password and you should not disclose it to third parties. You are responsible for all activities that occur under your Subscription and we take no responsibility for fraudulent use of your Subscription.
21. User generated content
21.1 As part of your Subscription, you may submit content to the Website, for example, if you submit content to one of our membership forums. In submitting such content (“User Generated Content” or “USG”), you agree not to submit any UGC:
21.1.1 which you are not authorised to use for example, any UGC which is not your own original work or which you do not have the right to post on the Website;
21.1.2 that is unlawful, threatening, libellous, defamatory, tortious, obscene, offensive, hateful, scandalous, inflammatory, pornographic or profane;
21.1.3 that could give rise to any civil or criminal liability under law, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is otherwise in breach of any third party intellectual property rights.
21.2 We reserve the right to remove or suspend any UGC which is, in our sole opinion, in breach of this clause, or which it suspects to be in breach of this clause at its absolute discretion. In addition to any other remedies available to us pursuant to this Agreement, you agree to compensate us for any losses, liabilities, costs and expenses of whatever nature, which we may suffer arising as a result of your breach of this clause.
22.1 Your subscription agreement begins when we send our confirmatory email to you and continues for the Subscription Period and will continue thereafter, subject to payment of your subscription fee in accordance with clause 19, for additional Subscription Periods, unless terminated earlier in accordance with its terms.
22.2 You may not terminate this subscription during the initial Subscription Period, but you may terminate this Agreement after the initial Subscription Period by giving us thirty days notice in writing.
22.3 Unless we terminate the Agreement in accordance with clause 22.5, we will refund you on a pro-rata basis the Subscription Fee which you have paid for the remainder of the Subscription Period from the termination date.
22.4 We may terminate this Agreement at any time by giving you thirty days notice in writing.
22.5 We may also terminate this Agreement if you commit a material breach of this Agreement which cannot be remedied or, if capable of remedy, is not remedied within thirty days notice of us giving you notice to remedy it. We may also terminate this Agreement if you become insolvent or bankrupt or are the subject of insolvency or bankruptcy proceedings.
23.1 Your Subscription is provided on an “as is” basis and we exclude all warranties, express or implied, statutory or otherwise, in relation to your Subscription, including any warranties of fitness for purpose, merchantability, non-infringement or that the Subscription and the Services will be provided with all due skill care and diligence.
23.2 To the fullest extent permitted by applicable law, we exclude all liability to you, however arising, under or in connection with your Subscription, even if we have been advised of the possibility of such loss or damages, or if such loss or damages were reasonably foreseeable.
23.3 If we have any liability to you in relation to your Subscription, it is in all cases limited in aggregate to the total Subscription Fees paid to us.