Terms and Conditions

CONDITIONS OF PAYMENT

Interpretation

In these Terms and Conditions:

  1. All references to the Operator are to the Operator in its capacity as the Operator (as that term is defined in the Operating Agreement, defined below) and to the Operator in its own capacity.
  2. All references to Members shall refer both to an individual in his or her capacity as a member of the Society and to an individual in his or her own capacity, but (save where the context otherwise requires and save where otherwise expressly provided in these Terms and Conditions) shall only refer to the period during which he or she remains a member of the Society (as that term is defined below).

Section A – Payments received prior to the Launch Date

On payment of the annual membership fee in the amount specified in the rules (the "Rules") of MyFootball Club Society Limited (the "Society") registered with the Financial Services Authority (the "FSA") with Registration Number 30275R via the website at web address myfooballclub.co.uk (the "Website") prior to the football club being purchased (the date of purchase of the football club, the "Launch Date") (a copy of the Rules are set out in PDF form at the bottom of these Terms and Conditions):

  1. Save as otherwise provided in these Terms and Conditions, the payer becomes a member of the Society from the date of payment to a date which is twelve months (or 24 months, where the payee has paid for an initial 24 month membership, or 36 months, where the payee has paid for an initial 36 month membership, (each such payment the "Initial Payment")), from the Launch Date.
  2. To the extent that a football club has not been purchased by the Society by the date (the "Termination Date") which is 12 months after the date that MyFootballClub Limited (the "Operator") first receives a payment from any member of the Society (a a "Member"), the Operator shall refund the balance of the Initial Payment as soon as reasonably practicable after the Termination Date as agent of the Society subject to and in accordance with the operating agreement between the Society and the Operator (the "Operating Agreement"), a PDF copy of which is set out at the end of these Terms and Conditions. To the extent that a football club is not purchased by the Termination Date, any interest on the moneys held by the Operator on behalf of the Society in the period between the payment of an Initial Payment and Termination Date will (subject to the payment of any prior costs and expenses in accordance with the Operating Agreement) be donated to the football charity Alive and Kicking UK.
  3. Notwithstanding the provisions of paragraph A(1) of these Terms and Conditions, each Member will cease to be a member of the Society on receipt of the balance of the Initial Payment in accordance with paragraph 2 above.

Section B – Payments received after the Launch Date

On payment of the annual membership fee in the amount specified in the Rules of the Society registered with the FSA with Registration Number 30275R via the Website on any date after the Launch Date:

  1. Save as otherwise provided in these Terms and Conditions, the payer becomes a member of the Society from the date of payment to a date which is twelve months (or 24 months, where the payee has paid for an initial 24 month membership, or 36 months, where the payee has paid for an initial 36 month membership or for such longer or shorter period of membership that the Member has actually paid for at the time is subscribes or renews its membership, (each such payment the "Initial Payment")), from the date of receipt of payment by the Operator.

Section C – Terms relating to all payments (whether received prior to or after the Launch Date)

  1. Each payer represents and warrants to the Society and to the Operator on the date of payment and on each date that he or she remains a Member that he or she: (i) is over 16 years of age; (ii) is making or has made the payment from his or her own freely available funds, and that the payment is not being made on behalf of a third party; (iii) has read and understood the terms of the Rules, the Operating Agreement and these Terms and Conditions. The Society and/or the Operator on behalf of the Society may cancel the membership of the payer if these representations and warranties are breached, but shall not be liable to refund the Initial Payment or any part thereof
  2. Membership may otherwise only be cancelled subject to and in accordance with the Rules. Any cancellation of membership (whether by or at the request of the Member, the Society or the Operator in accordance with these Terms and Conditions or the Operating Agreement) shall not entitle the Member to a refund of the whole or any part of any payment it has made
  3. Each payer of a membership fee acknowledges and agrees that the payments are being used to fund the acquisition and management of a football club and associated costs and that no part of the said payment can therefore be refunded or repaid to the payer by the Society or by the Operator (save where a football club is not purchased, in accordance with the terms of Section A of these Terms and Conditions).
  4. The payment of the membership fee shall be made and shall be applied subject to and in accordance with the terms of the Rules and the Operating Agreement.

Section D – General Terms and Conditions

  1. By making a payment, each Member becomes a Member of the Society. The Rules govern the relationship between the Society and its Members and the Operating Agreement governs the relationship between the Society and the Operator. In the event of any conflict between the Rules and/or the Operating Agreement and these Terms and Conditions the terms of the Rules and/or the Operating Agreement shall take precedence over these Terms and Conditions, and any conflict between the Rules and the Operating Agreement shall be dealt with in accordance with the terms of the Operating Agreement
  2. Members are only permitted to join the Society for personal use and cannot use it for commercial purposes, or for any other purpose which undermines or contradicts the objects of the Society. In particular, the Operator may suspend Members from using the Website for such period as it sees fit if it is of the view that voting is being carried out with the intention of undermining the Website, the football club or the Society.
  3. Members are only permitted to use the Website whilst they are a Member, and subject always to the Rules and the terms of the Operating Agreement, and to these Terms and Conditions.
  4. Each Member represents and warrants that: (i) it will not create, administer, sponsor, promote or otherwise enable or actively allow a website which is similar to the Website to be created, developed or operated in connection with the administration of the football club which is acquired by the Society; and (ii) it will not use any information disclosed by the Operator or the football club on the Website ("Confidential Information") which is acquired to be used other than on the Website and other than in connection with the administration of the football club. Each Member acknowledges that damages may not be an adequate remedy for a breach of this term and that the Society, the Operator and/or the Football Club may need to take out injunctive or similar relief if there is a breach of this term. This term applies to all Members whilst they are Members of the Society, and to all ex-Members who are no longer Members of the Society for a period of 12 months after they cease to be a Member.

Section E – Privacy Policy

  1. The Operator is committed to protecting the privacy of the Members. The following information relates to privacy in the collection personal information from Members by the Operator.
  2. The Operator confirms that its member and advertiser interaction (if any) complies with the Data Protection Act 1998 and the Electronic Communications (EC Directive) Regulations 2003. These guidelines are subject to change, therefore any resultant changes to our privacy policy will be added to this page without notification. Information on the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the Information Commissioner can be found at www.dataprotection.gov.uk.
  3. The Operator recognises the Direct Marketing Authority's Code of Practice and in the event of a complaint is bound by guidance and the judgement of the Direct Marketing Authority. The DMA's Code of Practice can be found at www.dma.org.uk.

Section F – Member Protection

  1. The Operator can send e-mails to Members relating to the Society, their membership, or any matter which relates to or is incidental to the services which the Operator agrees to provide under the Operating Agreement without restriction.
  2. Unless Members have requested that the Operators does so, the Operator will not provide or sell Members’ details to third parties in order that advertisers and/or third parties can provide information direct to Members in relation to goods and services that may interest them.
  3. Notwithstanding any provision to the contrary contained in these Terms and Conditions, the Operator may contact Members via email with products, services and promotions. Such correspondence will only be sent to those Members who have opted in. All email correspondence includes an unsubscribe option.
  4. If a Member wishes to opt out of receiving such information, they should use the unsubscribe option included in all email correspondence stating that they would prefer not to receive such mailings.
  5. The Operator reserves the right to disclose information about member usage and demographics to advertisers and partners, but will do so only in anonymous aggregate form. The Operator will not reveal a Member’s personal identity in connection with the disclosure of such information.
  6. The Operator collects information on Members in two ways: through cookies, and through registration.
  7. The Operator requires Members to provide it with a name, email address, postcode, gender, year of birth and other football related information in order to generate statistics. The Operator may also ask for other non-mandatory demographic information from members. This information is stored by the Operator and is subject to its data protection policy.
  8. All information which is provided to the Operator shall be provided to the Society and to the Operator in its capacity as the Operator under the Operating Agreement and in its own capacity.
  9. The Operator may continue to send e-mails to Members whose membership has expired or has not been renewed for a period of 12 months after the date their membership has come to an end but only in connection with encouraging them to renew their membership.

Section G – Use of Cookies

  1. A cookie is a numeric text file that is stored by each Members’ browser on their computer's hard drive. All information Members provide to the Operator is held securely on the Operator’s servers and not on Members’ computers.
  2. The Operator uses cookies to identify Members and make logging on more convenient. Having an automatic login cookie on Members’ computer's hard drive enables Members to bypass login screens, meaning they don't need to remember their username and password each time they login to the Website. This process will take place automatically unless Members have cookies disabled in their browser, or a Firewall set up by a network they are using prohibits the use of browser cookies.
  3. After registration, the Operator will employ a registration cookie to recognise a Member and their access privileges on the Website. It will also track a member’s use of the Website.
  4. The Operator logs IP addresses and the location of Members’ computers for the purpose of administration and troubleshooting. The Operator will also occasionally use IP addresses to track a member’s session. The Operator will not link IP addresses to personally identifiable information
  5. Such information helps the Operator maintain the smooth running of the Website. The Operator may also perform statistical analysis of Member behaviour in order to measure relative interest in the various areas of the Website (for website development and improvement purposes) and to inform advertisers and/or sponsors, if any, as to how many Members have seen or clicked on their banner adverts. In performing this analysis, the Operator will disclose information to third parties only in aggregate form. Personal information will not be provided to any third party if a Member opts out.
  6. The Operator may use information about Members to target banner advertising, meaning a Member will see advertising that may be more relevant to it. In these circumstances, the Member would only be targeted as part of a larger demographic group of similar users, not as an individual.
  7. Advertisements on the Website, if any, are likely to be generated by third party advertising cookies. Some third parties generate their own cookies to count how many Members have seen a particular advert and to calculate how many people have viewed it more than once. Such cookies cannot be used to identify an individual, they can only be used for statistical purposes. For example, in providing the Member with adverts that are relevant to their interests. Some of the information taken from third party cookies will be aggregated with other anonymous information for statistical purposes. Such companies that generate these cookies have their own, very strict, privacy policies. The Operator does have access to these cookies other than allowing them on the Website. However, the Operator may use information from these third party cookies, provided to them by third parties, to improve the targeting of adverts to Members.
  8. Cookies may also be used to track registered or unregistered users as they navigate the Website. Cookies may be used to count the number of unique users who are accessing the Website over a particular period of time, or to make sure that Members don't see the same advert more than once. This information is only shared with third parties in aggregate form.
  9. Members can find out more about cookies, and how to disable them in their browser settings at www.allaboutcookies.org.
  10. To disable third party cookies, go to the third party's website and request a ‘no thanks’ cookie. This will stop any further cookies being served to the relevant Memebers’ machine. Members can find further information on how to opt out of these cookies at www.networkadvertising.org/optout_nonppii.asp.

Section H – Personal Information

  1. The Operator will not sell or rent Members’ personal information to others without Members’ permission. With permission, the Operator will only share this information with carefully chosen, reputable and relevant third parties. The Operator may also provide aggregate statistics on Members, sales, traffic patterns and related website information to such vendors. These statistics will include no personally identifying information.
  2. The Operator is not responsible for the content or the privacy policies of websites to which the Website may link.
  3. The Operator has the right to employ or engage external companies to act on its behalf as data processors for internal business purposes. Data processors will abide by the Operators’ Privacy Policy and will not disclose Members’ personal details to any other parties or use data other than for purposes required by the Operator.

Section I – The Website

  1. The Website is owned by the Operator. These Terms and Conditions describe how, as a Member, you may access, browse and use the Website. Members are also bound by the Rules, and must act in accordance with the Rules.

Section J – Changes to the Terms and Conditions

  1. The Operator reserves the right to change these Terms and Conditions at any time. As a Member, you should review these Terms and Conditions regularly, including, but not limited to, each time that you renew or pay a membership fee, in order to ensure that you are aware of the most up to date Terms and Conditions. Payment of a membership fee (whether on renewal or otherwise) constitutes an acknowledgement that you have read, and agree to be bound by, the most up to date Terms and Conditions.
  2. The Operator will send an e-mail to all Members notifying them of all changes to these Terms and Conditions (other than changes which are of a minor and/technical nature) prior to making the change. It will be the responsibility of Members to ensure that they read the revised Terms and Condition following receipt of the said e-mail. Changes to the Terms and Conditions are effective immediately upon posting to the Website.
  3. A member’s continued use of the Website after a change to the Terms and Conditions constitutes an acknowledgement by Members that they have read and agreed to all changes to the Terms and Conditions.

Section K – Content

  1. In these Conditions, references to "Content" include, but are not limited to, all or part of any text, statistics, graphs, graphics, layout, logos, images, moving images, audio material or films, and also includes product details and/or software published or otherwise available on the Website from time to time (including, without limitation, anything made available for download), and references to "Trademarks" means the trademarks and logos (whether or not registered) displayed on the Website.
  2. The Operator is the owner or the licensee of all intellectual property rights associated with the Website, its Content and Trademarks (whether or not registered).
  3. Subject to these Terms and Conditions, the Operator gives individual Members limited, temporary, revocable, and non-exclusive licence to access, browse and use the Website (including the Content and Trademarks) for personal and non-commercial use only. This licence may be revoked at any time by notice.

Section L - Members, whether individuals or agents of media or other organisations

  1. The password each Member chooses as part of its registration on the Website must be treated confidentially and must not be disclosed to any third party.
  2. While accessing, browsing and/or using the Website a Member must comply with all applicable laws, regulations and codes. A Member must not impersonate another person or use a false name or email address, nor deep-link to and/or frame or use framing techniques to enclose the Website or any part of the Website without the Operator’s prior written consent.
  3. A Member must not modify or attempt to modify all or any part of the Website, nor gain or attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
  4. A Member must not post, transmit, submit, refer to, make available or link to or from (or authorise or permit any other person to do the same) any material which is untrue, fraudulent, inaccurate or incomplete, obscene, threatening, menacing, offensive, defamatory, abusive, causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code.
  5. Members must not: (i) disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text], (ii) Impersonate another person (including celebrities), indicate that they are an employee of the Operator, the football club or the Society; (iii) Attempt to get a password, other account information, or other private information from a Member. (iv) Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software; (v) Improperly use in game support or complaint buttons.
  6. A Member must not post, transmit, submit, refer to, make available or link to or from (or authorise or permit any other person to do the same) any material which makes excessive demands for bandwidth, constitutes advertising (unless approved or otherwise authorised by the Operator), contains any virus or other harmful code, or which may otherwise impair or harm the Website or the Operator’s or its service providers’ computer systems or any third party computer system. The Operator shall have sole discretion as to whether any material is in breach of this clause.
  7. Members agree to fully and effectually indemnify the Operator for any breach of sub-paragraphs L(1) to (6) above, and acknowledge that the Operator may immediately terminate or suspend their use of the Website if they are in breach of any of the said provisions.
  8. The Content, Trademarks and/or any other part of the Website may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without the prior written consent of the Operator. Members and those who access the Website are not permitted to republish any part of the Content on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without the prior written permission of the Operator.
  9. The Operator reserves the right to, without giving the relevant Member any advance notice, permanently or temporarily and for any reason, suspend or deny your access to the Website (whether in whole or in part). The Operator also reserves the right to terminate, suspend or deny access to email services, the registration areas of the Website and/or a Member's password.
  10. The Operator can remove or edit any Content on the Website at any time. All liability of the Operator its directors, employees or other representatives for any loss whatsoever arising from our removing or editing Content and/or the Members’ limited use of or inability to use the Website (either in whole or in part), email services and/or password is excluded, insofar as it is possible to do so in law.
  11. In cases where a Member post/submits personal material (including, without limitation, team selections, other votes, text, photographs or other images, audio material, films or other moving images) on the Website the Member does so on the following basis: (i) the Members grants the Operator a royalty-free, worldwide, perpetual and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license and transmit the whole or any part of such posted/submitted material (including without limitation any of the information, details, ideas, concepts and/or formats contained within it) in any manner and in any format and/or media (including, without limit, archiving and making such material available on the Website); (ii) Any publication of any material submitted to the Operator and/or on the Website will be at the Operator’s sole discretion and the Operator reserve the right to edit or otherwise amend such materials prior to publication.
  12. As a Member, you agree that the Operator may (at its discretion) disclose your identity to any third party who is claiming that any material sent by you to the Website is defamatory, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright). Each Member warrants to the Operator and the Society that any material submitted to the Operator is the Members’ own original work and that he or she owns the copyright and any other relevant rights.
  13. Each Member warrants to the Operator that the material he or she submits is not obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law or regulation or code.
  14. As a Member, you acknowledge that any breach of the above warranties may cause the Operator damage or loss and you agree to indemnify the Operator and the Society on demand against any third party liabilities, claims, costs, loss or damage the Operator or the Society incur as a result of publishing material submitted to the Website, including in relation to consequential losses.
  15. As a Member, you also acknowledge that the Operator does not necessarily pre-screen any material that has been submitted to the Website and the Operator reserves the right to remove, at any time and without reason or prior notice or any liability to the Member, any material that has been submitted.
  16. The Operator reserves the right (but not the obligation) to monitor any communications that are made via the Website and each Member consents to any such monitoring.
  17. Members are responsible for ensuring that they obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate and which apply to them.

Section M – Third party goods or services

  1. Should the Operator carry a banner advertisement for a third party that the Member clicks through, the contract for the goods or services in question will be made directly between the Member and the relevant supplier. In most cases this will mean that there will be separate Terms and Conditions governing the contract as each supplier will have its own Terms and Conditions relating to the supply of those goods or services. Members should read the relevant supplier's Terms and Conditions before completing your transaction.
  2. The Operator is not responsible for any transactions concluded with any such third party, and cannot accept any liability for breach of contract, non-performance or any other matter in relation to such third party website.
  3. Should MyFootballClub.co.uk contain hypertext links to third party websites, the Operator is not responsible for, nor does it endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to MyFootballClub.co.uk you do so entirely at your own risk.

Section N - Exclusions and Limitations of Liability, Miscellaneous Provisions

  1. The Operator endeavours to make sure that all information which it originates on the Website is correct, however, does not accept any liability for error or omission. In particular, the Operator does not accept any liability for any error or information in information provided by the football club which is acquired, either in relation to or in connection with the take-over process, or on a day to day basis when the football club provides information for the purposes of the Website.
  2. Without limiting the foregoing, all information and/or data appearing on the Website is provided on an "as is" basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Website or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
  3. Neither the Operator nor any of its data providers gives any warranty or guarantee relating to availability of the Website or that the Website and/or our operation of it, the Content or the server that makes the Website available are error or virus free or free of other harmful components or that your use of the Website and/or the Content will be uninterrupted.
  4. As a Member, you agree that the Operator, its directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to interruption of business, access or other delays, terminations, suspensions, denials or access interruptions to the Website, or data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data, or third party website links on the Website or reliance on the information contained on the Website, or computer viruses, system failures or malfunctions which may occur in connection with Members’ use of the Website or any inaccuracies, omissions or misleading, false or deceptive statement in the Content or events beyond the reasonable control of the Operator.
  5. As a Member, you agree that you will also indemnify and will keep indemnified the Operator and its data providers and affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of any breach of these Terms and Conditions by you or your fault, negligence or breach of statutory duty or your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on the Operator’s or its agents infrastructure (whether owned by, leased or licensed to us) or that of any of the Operator’s suppliers.
  6. Any contractual or legal relationship between each Member and the Operator will be concluded in English. All notices shall be given by e-mail to the Operator, to each Member at either the e-mail or postal address it provided during the registration process (if any). Notice will be deemed received 24 hours after email is sent or 3 days after the date of posting.
  7. The Terms and Conditions (together with any variations to them), when read in conjunction with and with reference to the Operating Agreement and the Rules, form the entire agreement between the parties concerning your access to, browsing and/or use of the Website and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Website.
  8. Nothing in these Terms and Conditions is intended to or shall operate to create a partnership or joint venture of any kind between a Member and the Operator or to authorise either of the Member or the Operator to act as agent for the other, and neither of them shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
  9. If the whole or any part of any provision of these Terms and Conditions is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and Conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and Conditions and shall in no way affect the validity or enforceability of any other provisions.
  10. No waiver by the Operator of any breach of these Terms and Conditions must be in writing and shall not constitute a waiver of any other prior or subsequent breach and the Operator shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
  11. The rights and remedies of the Operator under these Terms and Conditions are independent, cumulative and without prejudice to its rights under the law.
  12. These Terms and Conditions are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
  13. These Terms and Conditions and/or the Members’ use of the Website shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute.

These Terms and Conditions were created on July 23rd 2007 and were last updated on: [No updates to date].