Terms & Conditions
This agreement was written in English (UK). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Welcome and thank you for visiting this site, which is owned and operated by COMPETIZE SOLUTIONS S.L., a company incorporated in Spain with NIF B06750285 and address C/ Maestro 2, Bloque 3, 2A, CP, 06003, Badajoz (collectively, “Competize“, “We“, “Us” or “Our“). These Terms of Service (“Terms of Service“) are provided by Competize and are applicable to all Competize digital operations at or through Our Websites, Our mobile/tablet sites, Our social media accounts and Our applications (collectively, “Sites”). The Sites are the property of Competize, and We provide these Terms of Service subject to the following conditions.
You agree that you will access and use the Sites only in a lawful manner and only in accordance with these Terms of Service.
By visiting Our Sites, downloading or using our mobile applications, purchasing something from Us, or creating an account for one of our team sports or event Sites we host on behalf of a national, state or local sports governing body, league, club, team or other organization (each, an “Organisation”) you engage in Our “Service” and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using Our Site. By accessing or using any part of the Sites, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service of this agreement, then you may not access the Sites or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Our Sites. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Sites following the posting of any changes constitutes acceptance of those changes.
In these Terms of Service, unless the context requires a different interpretation:
b) references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these Terms of Service;
c) a reference to a person includes firms, companies, government entities, trusts and partnerships;
d) "including" is understood to mean "including without limitation";
e) reference to any statutory provision includes any modification or amendment of it;
f) the headings and sub-headings do not form part of this Terms of Service.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
You may not use Our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms of Service will result in an immediate termination of your Service. We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites, use of the Sites, or access to the Sites or any contact on the Sites through which the Service is provided, without express written permission by Us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
You must not use Our Sites in any way or take any action that causes, or may cause, damage to the Sites or impairment of the performance, availability or accessibility of the Sites; use Our Sites in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; use Our Sites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Our Sites without Our express written consent; use data collected from Our Sites for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on these Sites is not accurate, complete or current. The material on these Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on these Sites is at your own risk.
These Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of these Sites at any time, but We have no obligation to update any information on Our Sites. You agree that it is your responsibility to monitor changes to Our Sites.
PRODUCTS AND SERVICES
We do not sell products or Services to minors under the age of eighteen (18) (or age of majority if higher in your place of residence). We sell products and Services to adults, who can purchase items with a credit card or other payment method. If you are under the age of eighteen (18) (or age of majority if higher in your place of residence), you may solely use our free Service and Sites (with the involvement of a parent or guardian in the case of minors under the age of fourteen (14)).
We reserve the right, but are not obligated, to limit or refuse the sales of Our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that We offer. All descriptions of products and Services or product and Service pricing are subject to change at anytime without notice, at the sole discretion of Us. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on this Site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
CHARGES AND PAYMENTS
Some of Our Services are only available if you pay for them. The charges for the different Services are shown on the Sites and are inclusive of VAT.
You can pay for a plan online by setting up a monthly direct debit. All are processed via 3rd party payment providers and we will not have access to your card and/or bank details at any time.
The charges will be payable in advance in automatic monthly payments until you advise Us otherwise. You can cancel your subscription at anytime via your Site control panel. You can also send Us a cancellation request via email to email@example.com. Please include your contact details in case We have an issue processing your request.
If We accidently take payment after you have given Us notice that you no longer wish to pay for a Service We will refund you in full. We may also issue you with a refund if any of the Services are not available, but only if the unavailability is due to our act or omission.
If We are unable to collect payment for any reason or you fail to pay the charges, We may suspend our Services until We receive payment in full and in cleared funds.
You may upgrade or downgrade Services at any time by selecting the Services you want on the Site. When upgrading your Services, the change will be immediate and you'll receive a prorated charge on your next billing date. When downgrading your Services, the price difference will be kept as credit for your next billing dates.
Prices for Our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information at all times. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed. Failure to do so constitutes a breach of the Terms of Service, which may result in immediate termination of your account on Our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with Our Service or a third-party Service.
You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account.
THIRD PARTY WEBSITES AND SERVICES
We may provide you with access to third-party tools over which We neither monitor nor have any control nor input.
You acknowledge and agree that We provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through these Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through these Sites (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
Our Service may contain links to third-party websites or Services that are not owned or controlled by Competize.
We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. The app does use third party services that declare their own Terms and Conditions. Link to Terms and Conditions of third party service providers used by the app:
You should be aware that there are certain things that Competize Solutions SL will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Competize Solutions SL cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
PERSONAL INFORMATION AND USER CONTENT
You may be required to create an account to access or use certain areas of the Sites or you may elect to create an account. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify Us immediately of any unauthorized access or use of your account or password, or any other breach of security.
As a user of these Sites, you may provide and/or post content, including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, files and/or other materials and in addition, if you participate on one of Our Sites you or the Organisation may provide and/or post information (including but not limited to eligibility, roster, scheduling, performance and/or scoring information) (collectively, “User Content“) and/or share it with other users. Subject to any licenses and rights expressly granted herein, any User Content posted by you, is owned by you.
User Content is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Content. Competize assumes no responsibility for any User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We shall have no obligations to use, return, review, remove, or respond to any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in Our sole discretion, violates these Terms and reserve the right to terminate your access. Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of users and/or devices using or accessing the Sites. We are not responsible for claims resulting from Our cooperation with law enforcement or court orders however the foregoing does not waive Our liability, if any, for (i) claims for personal injury or death caused by Our negligent acts or (ii) damages arising from Our intentional, willful or reckless misconduct.
You are solely responsible for any User Content you post, publish or display on the Sites or transmit to others. You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Sites any User Content that is false, inaccurate, misleading or fraudulent.
By uploading User Content to the Sites, you hereby grant, represent and warrant that you have all rights and authority necessary to grant:
b) All users of the Sites an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such user’s personal, non-commercial use, subject to the restrictions set forth in these Terms of Service.
This license ends when you delete User Content or your account unless User Content has been shared with others, and they have not deleted it. When you delete User Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed User Content may persist in backup copies for a reasonable period of time (but will not be available to others). When you publish User Content or information using the Public setting, it means that you are allowing everyone, including people off of the Sites, to access and use that information, and to associate it with you.
You hereby waive all your moral rights in User Content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in User Content have been waived to the maximum extent permitted by applicable law.
You may edit User Content to the extent permitted using the editing functionality made available on Our Sites.
When including personal information of other people, you and any personnel authorized by you, must comply with all the regulations, and especially with the regulations regarding data protection, in all its aspects including the duty of informing and obtaining consent of the people referred to, in order to publish their personal information on the Sites of Competize and make it available to any users online.
Competize may contact you at any time to prove your identity or to show that you have the consent of the minors‘ parents or guardians to participate in the Competize Sites.
Without prejudice to Our other rights under these Terms of Service, if you breach any provision of these Terms of Service in any way, or if We reasonably suspect that you have breached these Terms of Service in any way, We may delete, unpublish or edit any or all of User Content.
If you participate in one of Our team sports or event Sites the Organisation may provide and/or post information (including but not limited to eligibility, roster, scheduling, performance and/or scoring information) and you consent to such posting. In addition, other third parties may post information on Our Sites. You acknowledge and agree that We have limited control over the User Content posted to the Sites, or any links to other sites, including the content of any messages or posts and manner of posting, and that We do not guarantee the accuracy, integrity or quality of User Content. All User Content, including advice and opinions posted by users, comprises the views and responsibilities of those who post such User Content and does not necessarily represent Our views. We are not obligated to review or remove User Content and you understand that, by using a Site, you may be exposed to User Content that is offensive, indecent or objectionable.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on Our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Site, should be taken to indicate that all information in the Service or on any related Site has been modified or updated.
The following non-exhaustive list describes the kinds of illegal or harmful conduct that is prohibited on Our Sites and User Content that you are prohibited from posting or transmitting on Our Sites:
b) You agree not to infringe upon or violate Our intellectual property rights or the intellectual property rights of others;
c) You agree not to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
d) You agree not to submit false or misleading information;
e) You agree not to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Sites, other websites, or the Internet;
f) You agree not to collect or track the personal information of others;
g) You agree not to spam, phish, pharm, pretext, spider, crawl, or scrape;
h) You agree not to interfere with or circumvent the security features of the Service or any related Sites, other websites, or the Internet. We reserve the right to terminate your usage of the Service or any related Sites for violating any of the prohibited uses.
i) You agree not to solicit others to perform or participate in any unlawful acts.
j) You agree not to upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false and presented as truth, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
k) You agree not to upload, post or otherwise transmit any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure codes).
l) You agree not to upload, post or otherwise transmit any User Content 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.
m) You agree not to upload, post or otherwise transmit any User Content that potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
n) You agree not to upload, post or otherwise transmit any User Content that is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
o) You agree not to use an account name, file or directory name, or other identifier that infringes or misappropriates any trademark, Service mark or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship or endorsement of a third party's products or Services.
p) You agree not to attempt to disguise the origin of any User Content transmitted to the Service.
q) You agree not to act in any manner that negatively affects other users' ability to use the Service.
r) You agree not to impersonate any person or entity, including, without limitation, a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity.
s) You agree not to interfere with the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
t) You agree not to post User Content that would be harmful to minors in any manner.
u) You agree not to intentionally create and/or log in with multiple accounts.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your usage of Our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time We may remove the Service for indefinite periods of time or cancel the Service at any time in Our sole discretion without notice or explanation. We reserve the right to save to the extent expressly provided otherwise in these Terms of Service, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Site Services, or if We stop publishing the Sites.
You expressly agree that your usage of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your usage, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Nothing in these Terms of Service will:
b) limit or exclude any liability for fraud or fraudulent misrepresentation;
c) limit any liabilities in any way that is not permitted under applicable law; or
d) exclude any liabilities that may not be excluded under applicable law.
In no case shall Competize, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any User Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. We will not be liable to you in respect of any loss or corruption of any data, database or software. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Competize Solutions SL does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
You agree to indemnify, defend and hold harmless Competize and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or Us. You may terminate these Terms of Service at any time by notifying Us that you no longer wish to use Our Services, or when you cease using Our Sites.
We may terminate or suspend your account or access to Our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if in Our sole judgment you fail, or We suspect that you have failed, to comply with any term or provision of these Terms of Service. You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Our Services (or any part thereof).
The failure of Us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of service and any policies or operating rules posted by Us on Our Sites or in respect to the Service constitutes the entire agreement and understanding between you and Us and govern your usage of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby We provide you Services shall be governed by and construed in accordance with the laws of the Spain, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect. These Terms of Service constitute the entire agreement between Us regarding Our Service, and supersede and replace any prior agreements We might have between Us regarding the Service.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at Our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to Our Sites. It is your responsibility to check Our Sites periodically for changes. Your continued use of or access to Our Sites or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
You may contact Competize by email at firstname.lastname@example.org.
Last update: April 17, 2020. It enters into force on April 17, 2020