Terms and conditions

Terms and conditions of use | (jump to Terms and conditions of sale)

1. Introduction

Welcome to fixtureslive.com and its FixturesLive branded pages, (individually or collectively “the Website”) operated by FixturesLive Limited (“FL”). This Agreement regulates the terms and conditions of use for the Website and the provision of the Services. By proceeding to access the Website you agree to be legally bound by this Agreement. This Agreement may be amended or changed by FixturesLive from time to time without notice to you and you should review the terms and conditions of use set out in this Agreement periodically. Your continued access to the Website means that you have accepted any amendments or changes to this Agreement.

2. Our Services

FL provides users with access to a comprehensive range of on-line facilities for the management of sports, and compiled results and statistics at individual, Club, League, and other organisational (including competitions) levels. For details of services (“the Services”), read the relevant pages on fixtureslive.com. The extent of the Services made available to you shall be dependent on the account designation and the level of access granted to you by FL.

3. Advertisers

Any dealings or contact with advertisers or suppliers found on the Website or through the Services, including the purchase of goods or services, are solely between you and such advertiser or supplier. You agree that FL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

4. Password and Account

Upon registration FL shall provide you with a password and login to access certain sections of the Website together with an account designation. You shall be responsible for the custody and non-disclosure of your password, login and account as well as of their use.

5. Conduct and Content

You hereby represent and warrant to FL that you have full power and authority to enter into and perform this Agreement. You shall not upload any information, data (including match results), text, match reports, photographs, video, graphics, music, sound, software or any other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, harmful to minors in any way, invasive of another’s privacy, hateful, and/or racially, ethnically, or otherwise objectionable. FL is not responsible for pre-screening Content that is uploaded by any user of the Services. FL has no obligation or liability for the accuracy, integrity or quality of Content uploaded by any user of the Services. You shall be responsible and liable for any Content that you upload. Without prejudice to FL’s right to terminate this Agreement with you, FL reserves the right to edit or remove any uploaded Content, at its sole discretion as it deems appropriate. In respect of any Content which you upload for inclusion in publicly accessible areas of the Website (which for this purpose means every page of the Website other than pages created by registered users in their respective restricted access pages) you hereby grant FL a royalty free, irrevocable and non-exclusive licence (with a right to sub-licence) in perpetuity to compile, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, such Content (in whole or in part) and/or to incorporate it in other works or in any form or media provided it is solely relating to the subject matter which such Content was submitted to the Website. You hereby waive your rights to any derogatory treatment of any moral rights pertaining to such Content. We would advise you to follow the “Child protection and best practice Guidelines” issued by the Football Association prior to uploading any Content involving children.

6. Intellectual Property

FL shall retain all right, title and interest in and to all copyright, trade marks, and all other intellectual property embodied in the Content and software or pertaining to the Website. “FixturesLive” and FL’s company logo or device featured on the Website are the trade marks and/or service marks of FL and you hereby acknowledge the same.

7. Disclaimers

The Services and the Website are provided on an “as is”, and “as available” basis without warranties of any kind. To the fullest extent permitted by law, FL expressly disclaims all warranties, conditions or other terms of any kind, either express or implied, including but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, or any term relating to the provision of the Services to a standard of reasonable care and skill or relating to non-infringement of any intellectual property right. To the fullest extent permitted by law, FL expressly disclaims any representation or warranty that FL’s Services and/or its Website will be error free, timely, secure or uninterrupted or that any results provided by the Services will be accurate and reliable.

8. Limitations of Liability

Under no circumstances, including negligence, will FL or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that may result from the use of the Website or the Services or the inability to use the same. Under no circumstances shall FL be responsible for any damages that you may incur from the use of the Services or the Website or for any link to the Website. The extent of this limitation of responsibility is applicable to any damage of any nature including, but not limited to, loss of data and programs, losses in results, losses or interruption of business and third party claims. Under no circumstances shall FL be responsible for any damage or loss of data or their inputs incurred by you as a consequence of your connection with/to the Website or due to the interruption of a communication, or due to the malfunctioning of FL’s servers. Under no circumstances shall FL be responsible for the deletion or failure to store any communications or other Content maintained or transmitted by the Service.

9. Links to other websites

FL neither represents nor controls “other websites” that can be accessed or linked through this Website and, consequently, has no responsibility for the content, use, products, advertising or services that may be available in those “other websites”.

10. Indemnity

You agree to indemnify and hold FL and its directors, officers, agents, and employees harmless from any claim or demand (including, without limitation, reasonable legal fees) made by any third party due to or arising out of Content you upload, submit, post or transmit to or through the Website, your use of the Services and/or due to any breach by you under the terms of this Agreement.

11. Privacy Policy

Any registration data and certain other personal information are subject to our Privacy Policy. Please go to fixtureslive.com to view our Privacy Policy.

12. Reservation/Termination

FL reserves the right, at its sole discretion to reject any request to provide the Services. FL may, at its sole discretion, terminate or suspend your access to all or any part of the Website for any reason and without prior notice.

13. Law and Jurisdiction

This Agreement shall be interpreted and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English courts.

Version 3 September 2007



Terms and Conditions of Sale

1. General
In these Terms and Conditions of Sale, the “Conditions”, "Seller" means FixturesLive Limited. and "Buyer" means the person, company or institution that buys or agrees to buy goods or services from the Seller. These Conditions must be read in conjunction with the document “Terms and Condition of Use”, which relate to the use of the Website. These Conditions shall apply to all contracts for the sale of goods and services by the Seller to the Buyer to the exclusion of any terms and conditions specified by the Buyer. No variation of these Conditions shall be effective unless agreed in writing by the Seller. Nothing in these Conditions shall affect the statutory rights of the Buyer.
 
2. Pricing
 
Prices quoted are in GBP. Where VAT is applicable it is made clear whether this is included or excluded.
 
3. Guarantee and quality of service
 
The Seller cannot guarantee to provide 100% availability of its technology-based services, but aims to provide a minimum 99%. The Seller is not responsible for the accuracy or timeliness of the Website or other products and services in circumstances where those aspects are dependent upon third parties providing data or technical services to the Seller.
 
4. Cancellation and refund
 
Cancellations are only permitted in the event that the Buyer has not commenced using the service purchased (in which case we reserve the right to deduct an administration charge of a minimum of GBP 10). Refunds of part of the purchase price will be made on request in proportion to that part of the product or service purchased which has not been delivered, where there has been a 5% minimum loss of service. In the event that more than 50% of the service purchased has not been provided, the total payment fee shall be refunded.
 
5. Liability
 
The extent of the Seller's liability to the Buyer for any default or breach howsoever arising shall in no case exceed the price of the service and the Seller shall in no circumstances whatsoever be liable to the Buyer or to third parties in respect of any direct, indirect or consequential loss or damage.
 
6. Force Majure
 
We shall not be liable for any breach of our obligations herein resulting from causes beyond our reasonable control.
 
7. No Waiver
 
The failure by the Seller at any time or for any period to enforce any one or more of these Conditions shall not be a waiver of them or a waiver of the right to enforce such Conditions on a future occasion.
 
8. Law
 
Each of the above conditions shall be read and construed independently of each other so that if one or more is held to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions.
 
These Conditions shall be construed in accordance with English Law.
 
Version 2 September 2007