terms and conditions


1. About Us

1.1 www.sportupside.com is operated by SportUpside Limited (“We” “Us” “Our” “SportUpside“). We are registered in England and Wales under company number 8680728 and have Our registered office at 10 Heath Drive, Sutton, Surrey, United Kingdom, SM2 5RP.

       

2. Our Services and Terms of Use

2.1 The mission of SportUpside is to transform the way all people are involved in sport development, connecting players, coaches, parents, sports groups & sports organisations, focusing on player progress & development to help to maximize their potential, no matter what their age, level, sport or goals. We do this through the service provided through Our website www.sportupside.com (Website), Our mobile applications (Applications), Our SportUpside platform (Platform) and the range of free and premium services that we offer through the Website, Applications and Platform (individually or collectively the Service or Services).

 

2.2 This document (together with any documents referred to in it) sets out the terms, which apply to your use of the Services (Terms) as a Registered User. By using Our Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Services. We reserve the right to update and change the Terms from time to time without notice or acceptance by you. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new SportUpside tools and resources, shall be subject to these Terms.

 

3. Accessing Our Services and Registration Process

3.1 The Services can be accessed by you as a Registered User.

 

3.2 To become a Registered User you must you must register on our Platform, which involves providing your first name, surname, city of residence, a valid email address and your User Type (Player, Parent, Coach, Sponsor, Sports Group Contact or Sports Federation or Organisation) (Registration Data). As a Registered User, you will choose a password and a username.

 

3.3 Once your registration is completed you will be given access to a privately designated space on Our Platform (Your Account) on which you will be able to manage your profile and update details and information relevant to you, including:

a. personal information including but not limited to: your name, surname, date of birth, gender, email address, residential address and telephone number;

b. sports information including: sports you belong to, your goals, training and match videos, results, voice feedback and other messages; and

c. calendar entries, events, reports and other data and information relevant to you and your sporting activities.

Any and all such information added by you in connection with your use of the Service in Your Account shall be known as Content.

 

3.4 On successful registration you automatically become a member of the Upside Global Group, a global group of all Our Registered Users. You will be able to communicate and interact (subject to restrictions as specified below) with other Registered Users that you connect with as a Player, Parent, Coach, Sponsor, Sports Group Contact or Sports Organisation (User Type). If you register as a Player, Parent or Coach you will be able to find your sports group or organisation from the list in the find your sports group section. If your sports group or organisation does not appear in the list you will be asked to provide their contact details so that We can make direct contact with them to inform them that you have registered with SportUpside and would like to link with them through the SportUpside website.

 

4. Licence restrictions and acceptable use

4.1 You agree to provide true, accurate, current and complete Registration Data and information about yourself as prompted by the Service’s registration process and you must maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any part thereof).

 

4.2 You must not disclose your password and username to any third party. You agree to immediately notify Us in writing of any unauthorised use of your password or Account or any other breach of security and you must ensure that you log out from Your Account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this clause 4.2.

 

4.3 You are fully responsible for all activities that occur in Your Account and in connection with Your Account and for all the Content you generate in your Account.

 

4.4 On condition that you comply with all your obligations under these Terms, We grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable licence and right to access the Services, through a generally available web browser, mobile device or SportUpside authorized Application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of SportUpside), view information and use the Services that we provide on SportUpside website in accordance with these Terms. Any other use of SportUpside contrary to Our mission and purpose (such as seeking to use information gathered from SportUpside commercially unless expressly authorized by SportUpside) is strictly prohibited and a violation of these Terms. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in SportUpside and all related items, including any and all copies made of the SportUpside website.

 

4.5 In order to use the Service, you must arrange for access to the Internet and provide all equipment necessary to make such connection. You agree not to access the Service by any means other than through the interfaces that are provided by SportUpside for use in accessing the Service.

 

4.6 You can access the Content through a mobile phone, tablet, personal computer or a handheld device (Device) and, if you use and download a copy of our Application onto a Device it will be presumed that you have obtained permission from the legal owner of that Device to do so.

 

4.7 Our Service may include certain communications from Us, such as service announcements, administrative messages and newsletters, which are considered part of our Service, although you will be able to opt out of receiving these.

 

5. Profile Types

5.1 On successful registration and depending on your User Type and age group the following Profile Types are visible to other Registered Users:

 

5.2 Upside Global Group Profile shows the following information about you: first name, surname, User Type, city and country. Subject to clause 5.6 below this information is visible to all SportUpside Registered Users.

 

5.3 Basic Profile shows the following information about you: first name, surname, User Type, city, country, sports groups and year of birth. This information is visible to other members of the Sports Groups connected with you.

 

5.4 Abridged Profile shows the following information about you: first name, surname, User Type, city, country, sports groups, year of birth, gender, membership number, rating, level, age group, notes. This information is visible only to Coaches connected with you.

 

5.5 Full Profile shows the following information about you: first name, surname, full postal address, email address, telephone number, user type (parent, player or coach), city, country, sports groups, year of birth, gender, membership number, rating, level, age group, notes. This information is visible only to a Parent (if applicable) and Sports Group Contact.

 

5.6 If you are a Player who is under 13 years old and you have registered on our Platform independently your Profile is anonymised until Parental Consent is obtained by Us or until your Account is linked to your Parent’s account.

 

5.7 Subject to clause 6.4 below, Parental Consent is always required by Us from the Parent (or guardian) of the Players U13 years old for the collection, use or disclosure of their personal information and for making their personal information available on our Platform. A Parent can withdraw such consent and ask for the Player’s account to be removed from our system at any time by contacting us at: parentalconsent@sportupside.com.

 

5.8 If Parental Consent is required by Us from Players U13, it is emailed to the Player’s Parent (or guardian) to an email address provided by the Player at the time of registration. If We do not receive consent from the Parent, We will send reminders up to one month from the date of sending the original request. If Parental Consent is not received within 3 months or subsequently withdrawn, the Player’s account will be terminated, the content and all personal information contained within the Account will be deleted permanently from Our Platform.

 

6. Registered User Types and Permitted Uses

6.1 Players who are under 13 years old (Player U13) are able to register an Account, and use the Services provided that their account is linked to and supervised by a Parent account. If the Player U13’s Account is not linked to a Parent account, a Player U13 will be able to use the Services independently for a limited time only until We obtain Parental Consent. If Parental Consent is not received by Us within 3 months from the date the original request was sent, such Account will be removed permanently.

 

6.2 Players who are 13 and over 13 years old (Player O13) are able to register an Account and use the Services independently or to link their Account to the Parent’s account.

 

6.3 Players U13 and O13 who are registered with Us and from whom We obtain Parental Consent (if applicable) are able to:

a.    use the Platform and their Account to receive motivational feedback from their Coaches;

b.    send and receive messages from their coach and other players connected to them;

c.    receive comprehensive progress reports and send match self-assessment reports back to their Coach.

 

6.4 Parent(s) are able to use the Platform and their Account to link to and monitor the activities on their child’s Account and to send and receive messages from the Coach. Provided that a Parent registers the Player’s Account in his/her own account or when the Parent’s Account is subsequently linked to the Player’s Account Parental Consent is deemed to have been obtained by Us. Only the Parent and the Sports Group Contact is able to see the Player’s Full Profile. All connections of the Parent are able to see the Parent’s Basic Profile only.

 

6.5 Coach as a Sports Group Employee or an Independent Coach (for example, a Parent acting as a Coach) is able to use the Platform and their Account to give motivational feedback, to schedule and manage Players’ matches and training sessions and to send messages to and receive feedback from Players, other Coaches and Players’ Parents which are connected to the Coach. In addition, Coaches  are able to complete and send comprehensive reports to Players and receive match self-assessment reports from the Players connected with them, attach video links and set goals. The Coach’s Full Profile is visible to their Sports Group Contact only. All other connections are able to see a Coach’s Basic Profile only.

 

6.6 Sports Groups are able to use the Platform and their Account to schedule and manage the sports group’s events timetable and to send messages to all or a subset of Coaches, Players and Parents connected to their Sports Group. Players and Parents can automatically link to their Sports Group unless the Sports Group decides to block or unlink them. Coaches have to be accepted or invited by the Sports Group. Sports Groups Contact is a person who manages the Sports Group’s membership database and is the only person within the sports group who can view its Players’, Parents’ and Coaches’ Full Profile.

 

6.7 Sports Federations and similar sporting bodies are able to use the Platform and their Account to access anonymised information relevant to their federation but not personalized information and data.

 

6.8 Player’s Sponsors are able to use the Platform and their Account to gain access to the Content posted by any Player they are sponsoring and to monitor their progress.

 

7. SportUpside Platform Versions, Features and Premium Services

7.1 SportUpside offers a Free Club Version and subscription-based Performance Version for all Registered Users. Sports Groups can upgrade to the Performance Version by paying a one-off, monthly or annual subscription fee. Details of available features for each version and current prices applicable to the Performance Version can be found on Our Website.

 

7.2 Whilst the Club Version is currently free for Sports Groups and Individual Coaches, SportUpside reserves the right to make a charge for this in the future.

 

7.3 The Sports Group can use the Platform to access and manage their membership database and any payment transactions that can be arranged through our Platform and Website in conjunction with use of World Pay. This can include payments to the Sports Group or payments from the Sports Group to us for the Premium Services and/or any additional services purchased from Us.

 

7.4 Details of the Services that We provide to Sports Federations are further described on Our Website. Any agreement to provide Services to any Sports Federation will be subject to an individually negotiated agreement between Us and the Federation concerned.

 

7.5 If you purchase any services that we offer for a fee, either on a one-time or subscription basis (Premium Services), you agree to Us or our appointed agent or payment provider (World Pay or any other appointed provider) storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription and registration. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or exchange rate fluctuations. SportUpside does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of purchase including your VAT registration number. You also acknowledge that SportUpside’s Premium Services are subject to these Terms and any additional terms related to the provision of the Premium Services. If you require a printed invoice for your transaction, it will either be supplied to you by email or  it will be made available to you through your SportUpside account under Purchase History.

 

7.6 You are obliged to pay subscription fees until the end of the agreed subscription period regardless whether you decide to cancel your subscription earlier. You may cancel, suspend or downgrade your Premium Services as explained on our Website but you will receive no refund. We do not give refunds for lack of usage or guarantee refunds for dissatisfaction with the Service although we take all complaints seriously and will deal with any complaints as described on the Website.

 

8. Protection of Young People

8.1 SportUpside is only a provider of a web-based IT platform to facilitate links and communications between Sports Groups, clubs, organisations, Parents, Players and Coaches involved in sport and has no direct involvement in any communications or interactions that take place between any of these interacting parties. SportUpside therefore draws to the attention of all sports groups and coaches their moral and legal obligation to ensure that, when given responsibility for young people, that they must provide them with the highest possible standard of care. This means that they must follow procedures to protect children and report any concerns about their welfare to the appropriate authorities. All sport groups, organisations and/or coaches availing themselves of Our Service warrant that they acknowledge and understand this and to the extent required by local law have received appropriate Disclosure and Barring Service (DBS) clearance or equivalent clearance to operate as clubs, sports groups, organisations or coaches working with young people or children.

 

9. Cancellation and Termination

9.1 If you no longer wish to use Our Services, you may remove Your Account and your cancellation will take effect immediately. After cancellation, you will no longer have access to Your Account on the Platform and all Content contained therein will be deleted. We accept no liability for such deleted Content.

 

9.2 We may, in our sole discretion, terminate your password and account, and remove and discard any Content held within the Service, for any reason, including and without limitation, the lack of use, or if We believe that you have violated or acted inconsistently with the Terms. We may also, in our sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice.

 

9.3 You agree that any termination of your access to the Service under these Terms may be effected without prior notice, and you acknowledge that We may immediately deactivate or delete your access to all related information files and Content. We reserve the right to bar any further access to such files, Content or the Service. We will not be liable to you or any third-party for any termination of your access to the Service.

 

10. Privacy and use of data

10.1 We may collect your data when you use the Website. For further information please see our Privacy Policy and Cookie Notice.

 

10.2 We will use the information collated on our Platform to include number of participants, players and coaches categorised by age, club, and sport and on a country basis. We will use this and connected information to provide statistics on numbers of players, where they are playing and how often. We will not disclose any information to third parties which is capable of identifying individuals but we will name sports groups and organisations and provide this and non-personally identifiable information as we see fit for Our own operational and commercial purposes.

 

11. Ownership And Security

11.1 You are responsible for maintaining the security of your Account and you are fully responsible for all activities that occur under your account. You agree to notify Us immediately in writing of any unauthorised use of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this clause 11. Under no circumstances will We be liable, in any way, for any acts or omissions by any Registered User.

 

12. Content And Conduct Rules And Obligations

12.1 You understand that all Content is the sole responsibility of the person from which such Content originated. You are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.

 

12.2 You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will We be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.

 

12.3 We do not pre-screen Content, but We and Our designees shall have the right (but not the obligation) in Our sole discretion to refuse, move or delete any Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created or submitted by Us.

 

12.4 We may preserve Content and may also disclose Content if required to do so by law or if We believe, in the good faith, that such preservation or disclosure is reasonably necessary to:

a.    comply with legal process;

b.    enforce these Terms;

c.    respond to claims that any Content violates the rights of third-parties; or

d.    protect the rights, property, or personal safety of SportUpside, its users and the public.

 

12.5 You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

 

12.6 Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in SportUpside’s sole discretion as to what action should be taken.

 

12.7 You agree that you will not:

a.    upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including the disclosing of any address, email, phone number, or any other contact information without the written consent of the person to which such information relates), hateful, or racially, ethnically or otherwise objectionable;

b.    impersonate any person or entity, including, but not limited to, a SportUpside official or falsely state or otherwise misrepresent your affiliation with a person or entity;

c.    forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

d.    upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

e.    upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

f.    upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions;

g.    upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and

h.    interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

 

13. Viruses, Hacking And Other Offences

13.1 You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.

 

13.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.

 

13.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it

 

14.  Third Party Software

14.1 If you elect to download or access any or third party Content or additional software that may be made available by Us in connection with the Service, you understand that you may have to agree to additional terms and conditions before you use such software or third party Content.

 

14.2 You also agree that the use of any third party software or Content obtained through the Service does not transfer to you any rights, title or interest in or to the software or such Content, and that you will not use any Content made available to you through the software or the Service except as expressly authorised under that third party provider’s terms of service or licence. For greater certainty, by downloading software or Content made available through the Service, you are deemed to agree to the terms of service or licence agreement posted on the Service, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the terms of service or licence agreement, do not download the software or Content.

 

15. Intellectual Property Rights And SportUpside Applications

15.1 SportUpside Limited is the owner or the licensee of all intellectual property rights in the Service, Website, Platform and in the material published on it and any necessary software used in connection with the Service (Software). These works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly authorised by Us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

 

15.2 We do not claim ownership of your Content. However, by submitting Content to SportUpside for inclusion on your Account, you grant Us a perpetual world-wide, royalty-free and non-exclusive licence to reproduce, modify, adapt and publish the Content as determined by Us for the purpose of delivering the Service or promoting SportUpside or dealing with Our commercial partners. We reserve the right and you acknowledge and agree that your Content may be used by us in anonymised form for any purposes for which we deem appropriate. If you are a sports group or organisation you acknowledge and agree that we can use all information relating to your sports group or organisation including details and statistics relating to the players (except any personally identifiable information) linked to you and their activity profiles.

 

15.3 By submitting ideas, suggestions, documents, or proposals (Contributions) to SportUpside through Our suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) SportUpside is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) SportUpside shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) SportUpside may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to SportUpside rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from SportUpside under any circumstances.

 

15.4 We may offer the Services through applications built using Our Platform (SportUpside Applications). Examples of SportUpside Applications include its smart phone application for iPhone, and SportUpside’s “Share” buttons and other interactive plugins distributed on websites across the web. SportUpside Applications are distinct from third party platform applications. If you use a SportUpside Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing SportUpside plugins that load in your browser may be communicated to us. Further, by importing any of your SportUpside data through the SportUpside Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. You should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.

 

16. Third Parties and Advertisers

16.1 The Service may include advertisements, which are necessary for Us to provide the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We will not be liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

 

16.2 The Service may provide, or third parties may provide, links to other websites or resources. We have no control over such websites and resources and We are not responsible for the availability of such external sites or resources.

 

16.3 We do not endorse and are not liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SportUpside shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

 

17. Indemnity

17.1 You agree to indemnify Us, and Our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your Content, your use of the Service, your guests activities, your connection to the Service, your violation of these Terms, whether you are a Registered User or not. You are solely responsible for your actions when using the Service, including, but not limited to, costs incurred for Internet access.

 

17.2 Nothing on this Website constitutes advice, nor does the transmission, downloading or sending of any information create any contractual relationship.

 

18. Resale Of Service

18.1 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by SportUpside.

 

19. General Practices Regarding Use

19.1 You acknowledge that Sport Upside may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time without notice to you.

 

20. Disclaimer

20.1 You expressly understand and agree that our use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

20.2 We will make reasonable efforts to maintain the Service, however, We are not responsible for any damage, loss of Content or data, customer information or vendor data, revenue, or other harm to business arising out of delays, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorised use due to your sharing of access to the service, or other interaction with the service. You are responsible for maintaining your Content that may reside on the Platform or Service and taking steps to keep a copy of this Content in another form which is independent from and not connected to the Service.

 

20.3 We do not warrant that:

a.    the Service will meet your specific requirements;

b.    the Service will be uninterrupted, timely, secure, or error-free;

c.    the results that may be obtained from the use of the Service will be accurate or reliable;

d.    the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; and

e.    any errors in the software will be corrected.

 

20.4 Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

 

20.5 No advice or information, whether oral or written, obtained through or from the Service shall create any warranty not expressly stated in these Terms.

 

21. Limitation of Liability

21.1 To the extent permitted by law, We, other members of Our group of companies and third parties connected to Us hereby expressly exclude:

 

a.    all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

b.    any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Website or in connection with the use, inability to use, or results of the use of Our Website, any websites linked to it and any materials posted on it, including any loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and wasted management or office time, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

 

21.2 This does not affect Our liability for death or personal injury arising from Our negligence, or Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

 

21.3. Notwithstanding the provisions of this Clause 21 neither SportUpside nor any of Our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (Sport Upside Affiliates) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or £100, whichever amount is greater. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

a.    Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and

b.    Not apply to any damage that SportUpside may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.

 

22. General

22.1 Failure by Us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

22.2 These Terms constitute the entire agreement between you and Us and govern your use of the Service, superseding any prior agreements.

 

22.3 If a court says that part of this agreement is not enforceable in law the rest of the agreement shall still be enforceable.

 

22.4 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Website although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

 

22.5 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

23. Contact Us

23.1 If You have any questions, comments or concerns regarding these Terms please contact us using the ‘talk to us’ section of our Website/app or write to us at SportUpside to our registered office at 10 Heath Drive, Sutton, Surrey, United Kingdom, SM2 5RP. Please report any violations of these Terms to abuse@sportupside.com.