Terms and Conditions
KickOff Pro Content and Members’ Services
Please read these terms and conditions carefully. They, in conjunction with the user terms and conditions (“user agreement”) which apply to the interactive services and the website www.kickoff.co.uk, set out the terms under which Sidan Media Limited offers you use of the KickOff Pro Content and Services.
These terms and conditions are important and will apply to your subscription to KickOff Pro Content and Services. You should read these terms and conditions before you subscribe so that you understand the contract which you will be entering into.
These are the terms and conditions (the “Terms and Conditions”) for subscribing to KickOff Pro Content and Services, as defined in paragraph 1 below. www.kickoff.co.uk content and members’ services are provided to you, the Member (“you”, “your”) on the basis that you accept the terms of this contract. It is a legal agreement and it sets out the rights and obligations of you and Sidan Media Limited including its agents, sub-contractors and all group companies (“we”, “us””). By subscribing to KickOff Pro Content and Services you are agreeing to be bound by and to observe these Terms and Conditions.
About Sidan Media Limited: Sidan Media Limited is a company registered in England and Wales (Company No. 03174984). If you need to contact us in relation to the KickOff Pro content and members’ services you can email us at [email protected], call 02074860261 (Mon-Fri, 9am-5pm) or contact us by post to 47-57 Marylebone Lane, London W1U 2NT, United Kingdom. KickOff Pro Content and Members’ Services are provided to you from within the United Kingdom.
- Service Description
- kickoff.co.uk content and members’ services provide access to premium data and other subscribers recommendations, news, content provided by us and certain third parties (the “KickOff Pro Content and Members’ Services”)
- We may from time to time make additional services and facilities available in connection with the KickOff Pro Content and Members’ Services. We reserve the right to make any such additional services or facilities available to you at additional cost and on an optional basis.
- Use of KickOff Pro Content and Members’ Services
2.1 When you subscribe for KickOff Pro Content and Members’ Services, we will provide you with access to the advertised features and services comprised in the KickOff Pro Content and Members’ Services. As part of KickOff Pro Content and Members’ Services we may provide access to certain photographs, text images, statistics, graphics logos and other media and intellectual property relating to us or our licensors. All design, text, graphics, footage and the selection or arrangement thereof and all intellectual property rights (including copyright) in those things belong to us or our licensors.
2.2 We reserve the right to refuse to accept your subscription application. You warrant that the information which you provide when you register to subscribe for KickOff Pro Content and Members’ Services is true, accurate and complete in all respects.
2.3 In order to use or access KickOff Pro Content and Members’ Services, you must (a) obtain access to the World Wide Web and pay any service fees associated with such access; (b) provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other necessary access device: when you register KickOff Pro Content and Members’ Services services will carry out various checks to ensure that you can access content satisfactorily; (c) have a suitable plug-in (the “Software”) installed on your terminal. Your use of the Software is subject to the terms of the licence granted to you by the relevant licensor. We are not providing and are not responsible for the Software, or for any problems caused by the Software, computer hardware or computer operations systems. We are not providing you with anything referred to in this paragraph except KickOff Pro Content and Members’ Services.
2.4 Your right to access KickOff Pro Content and Members’ Services is personal to you. You are wholly responsible for your access to www.kickoff.co.uk content and members’ services by any person using your terminal or point of presence and you are responsible for ensuring that any such person also fully complies with these Terms and Conditions. You agree to access KickOff Pro Content and Members’ Services in a manner consistent with any and all applicable laws and regulations in the place from which you have accessed www.kickoff.co.uk content and members’ services.
2.5 By accepting your subscription for KickOff Pro Content and Members’ Services (please see paragraph 4) we will grant you a non-exclusive and non-transferable licence to use, view and display www.kickoff.co.uk content and members’ services for your private and domestic use only.
2.6 You must not (nor authorise or permit any other person to):
(a) access or use KickOff Pro Content and Members’ Services by any means or for any purpose other than in accordance with these Terms and Conditions or use it for any unlawful purpose;
(b) access or use KickOff Pro Content and Members’ Services in a way that may cause the set, software, applications and other equipment used by us to provide this KickOff Pro Content and Members’ Services to be interrupted, damaged, rendered less efficient or impaired.
- Copying and copyright
3.1 You must not do any of the following:
(a) Copy (except as allowed under s.35 (showing in schools) and s.70 (timeshifting for private and domestic use) of the Copyright Designs and Patents Act 1988 (“the Act”), redistribute or relay KickOff Pro Content and Members’ Services or any part of it or otherwise deal with KickOff Pro Content and Members’ Services or any part of it other than as permitted by the Act. The exceptions in these sections are limited and you must make sure that you are legally entitled to rely on one of them;
(b) Produce, re-produce, supply or otherwise exploit any programme, service or content (whether audio, visual, audio-visual or otherwise) comprised in KickOff Pro Content and Members’ Services or any part of it or otherwise use it or any part of it for any commercial purpose whatsoever;
(c) Sell or make any charge for access to KickOff Pro Content and Members’ Services or any part thereof;
(d) Show KickOff Pro Content and Members’ Services in public to an audience, even if no charge is made;
(e) Otherwise communicate any work or part of KickOff Pro Content and Members’ Services to the public by any means or for any purpose;
(f) (without prejudice to any other provision of these Term and Conditions, directly or indirectly using KickOff Pro Content and Members’ Services either for yourself or for any other person for any form of commercial gain including, without limitation, KickOff Pro Content and Members’ Services for the purpose of or in connection with any betting operation or producing so-called “off-tube” commentaries (or similar);
(g) upload or otherwise make available any part thereof via any social networking website, including, without limitation, YouTube and similar websites.
3.2 We may disable or alter functions of KickOff Pro Content Members’ Services to prevent you from copying KickOff Pro Content Members’ Services and we may prevent you from receiving KickOff Pro Content Members’ Services if you copy or attempt to copy KickOff Pro Content and Members’ Services.
- Packages available, Access, Payment, Upgrades, Downgrades and Cancellation
4.1 You should visit the Subscription Options (for un-registered users), Membership Options (for registered users) or User Setting pages for more details about the packages available, access, payment, upgrades, downgrades and cancellation.
4.3 You can cancel your contract at any time prior to the next agreed billing date. For Members with a monthly subscription package this means at any point prior to the next scheduled monthly billing date. For Members with an annual subscription package this means at any point prior to the next annual billing date. Cancellation will apply with immediate effect, but you will still be able to access KickOff Pro Content and Members’ Services until the next billing date – when access will terminate.
5.1 You must provide us with complete and accurate payment information. You can pay by either credit or debit card, or via PayPal. By submitting credit or debit card payment details to us you warrant that you are entitled to purchase KickOff Pro Content and Members’ Services, using those payment details. We will continue to collect these recurring payments for your subscription until you cancel the service. In the case of unauthorised payments we reserve the right to suspend or terminate your access to KickOff Pro Content and Members’ Services. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any Interactive Services, including KickOff Pro Content and Members’ Services. Please ensure that your payment card details are kept up to date. If we are unable to process payment from your card, it will be necessary to suspend your access to the Interactive Services, until you provide us with details of a valid credit card.
6.1 We will have the right to terminate the contract:
(a) if you breach any of these Terms and Conditions, in which case we shall be entitled to terminate with immediate notice at any time and we will have no liability to refund any money that you have already paid to us; and
(b) if we cease to broadcast, webstream, distribute or otherwise supply KickOff Pro Content and Members’ Services for any reason, in which case we shall be entitled to terminate on 30 days’ notice.
6.2 If you or we end this contract, we will be entitled to discontinue your right to receive, display and use KickOff Pro Content and Members’ Services
We are providing KickOff Pro Content Members’ Services on an “as is” basis and make no representations or warranties of any kind with respect to either KickOff Pro Content and Members’ Services or their content, save to the extent required by law.
You will fully indemnify us immediately on demand against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of paragraphs 1 and/or 2 of these Terms and Conditions by you (or any other person in your household or anyone else who may access KickOff Pro Content and Members’ Services through your terminal using your password or via any peer-to-peer technology or similar) or any other liabilities we or any of our licensors may suffer or incur arising out of your or their unlawful or improper use of or access to KickOff Pro Content and Members’ Services and/or the System.
10.1 No refunds will be made in connection with any postponement or cancellation of events or any other alteration to the content or the hours or times of availability of KickOff Pro Content and Members’ Services, for whatever reason.
- User Agreement
11.1 These terms and conditions are supplemental to the terms of the User Agreement, which terms shall apply to KickOff Pro Content and Members’ Services.
11.2 These terms and conditions will take precedence in the event of any conflict between these terms and conditions and the User Agreement in respect of your use of KickOff Pro Content and Members’ Services.
- Problems with KickOff Pro Content Members’ Services
In the event of any problems with KickOff Pro Content Members’ Services please contact the KickOff Pro Content and Members’ Services.at [email protected]
- ClaimsWhere a claim is brought against us by a third party in relation to your use of the Site and/or the Interactive Services or any User Generated Content, you agree to fully reimburse us and all companies within our group of companies (i.e. companies which share the same ultimate parent company) for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by us or companies within our group (i.e. companies which share the same ultimate parent company) in or as a consequence of your breach of this Agreement and/or your use of the Site and/or Interactive Service and/or any User Generated Content which is included in the Site and/or the Interactive Service.
14. Force Majeure
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without limitation any power failure.
Any notices we send to you will be sent to the email address you supply during the KickOff registration process or any updated email address. Any notices you send us should be sent by email to [email protected] Notices will be deemed to have been delivered at the time and date of sending of the email, which time and date are specified in the email.
16.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without our prior written consent.
16.2 We reserve the right to assign or transfer all or any of our rights and obligations under this Agreement to any companies in the same group (i.e. companies which share the same ultimate parent company) or another third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Site.
17. No Waiver
Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
18. Entire Agreement
This Agreement, together with any other terms and conditions or other contractual terms relating to your access to or use of any Interactive Services, including, without limitation, the KickOff Pro Content and Members’ services, constitutes the entire agreement between us and you with respect to this subject-matter and excludes any representations or warranties previously given or made (other than any fraudulent misrepresentation) and it may be amended only by us on notice to you.
19. Variation of Terms
We reserve the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted here. We recommend you check back regularly to ensure you are aware of any changes. Changes made in this manner shall be deemed to have been accepted if you continue to use the Site and/or the Interactive Services after the date of transmission of the e-mail or of posting here, whichever occurs later.
20. Law and Jurisdiction
These Terms and Conditions and your access to and use of Site and/or the Interactive Services are subject to the laws of England and you submit to the exclusive jurisdiction of the courts of England.
- InvalidityIf the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.
22. ThirdParty Rights
These Terms 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.
www.kickoff.co.uk (the “Website”) is provided by Sidan Media Limited a company registered in England (Company No. 03174984), with a registered address at 47-57 Marylebone Lane, London W1U 2NT (“we”, “us” or “our”).
These are the terms and conditions (the “Conditions”), which apply to the use of the Website by you (“Users”). By accessing the Website, you agree to be bound by the Conditions. The Website is provided for the benefit of Users [who are over the age of 18]. If you [are not over the age of 18 or] do not agree to be bound by the Conditions, you may not use or access the Website and we will have the right to restrict or prevent your access to the Website.
- Your Obligations
You will not:
1.1 Use the Website (or any part of it) for any illegal purpose and agree to use it in accordance with all relevant laws;
1.2 Upload or transmit through the Website (i) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or (ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
1.3 Use the Website in a manner which (i) may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); and
1.4 You will not attempt any unauthorised access to any part or component of the Website .
- Our rights
We reserve the right to:
2.1 Modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website ; and/or
2.2 Change these Conditions from time to time. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website; and/or
2.3 Monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
2.4 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website because of a failure, suspension or withdrawal of all or part of the Website for any reason.
- Your Personal Information
We respect your personal information and shall deal with it in accordance with our Privacy Statement and applicable UK Data Protection legislation in place from time to time. Please use this link to review our Privacy Statement.
- Links to other websites
4.1 We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. The use of any links to other websites and resources is entirely at your own risk and it is your responsibility to check and comply with the terms and conditions of any linked web sites visited.
- Limitation of liability
5.1 Whilst we will use reasonable endeavours to verify the accuracy of any information we place on the Website we make no warranties, whether express or implied in relation to its accuracy.
5.2 Opinions given and forecasts made represent the views of Kickoff.co.uk only. You acknowledge that we shall have no liability of any kind whatsoever arising out of any betting decisions that you make as a result of viewing the website.
5.3 The Website is provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular [product or] service, we make no warranties of any kind, whether express or implied, in relation to the Website, [or products or services offered on the Website] whether by us or on our behalf including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage [or trade].
5.4 Unless specified in separate terms and conditions related to a particular [product or] service, we make no warranty that the Website [or products] or services offered on the Website whether by us or on our behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available [or products] or services offered on the Website whether by us or on our behalf are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
5.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
5.6 We will not be liable (i) in contract, tort (including, without limitation, negligence) or otherwise for:
(ii) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(iii) any loss of goodwill or reputation; or
(iv) any special or indirect or consequential losses, howsoever arising and;
(v) in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
16.7 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit.
- Intellectual Property and Right to Use
6.1 You acknowledge and agree that all copyright, trade marks, database rights and all other intellectual property rights in the design, content and arrangement of the Website (including its text and graphics, all software compilations or underlying source code, and all other material on the Website) shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us.
6.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6.3 Except for personal information, any information you submit to the Website will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Conditions.
We may terminate or suspend your use of the Website at any time and without warning if you are in breach, or if we have reasonable grounds to believe that you are in breach, of any of the Conditions.
8.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
8.2 These Conditions (as amended from time to time) contain the entire agreement and understanding between us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions. However, nothing in these Conditions purport to exclude liability for any fraudulent statement or act.
8.3 The Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.