Terms And Conditions

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING THE APPLICATION: These terms of use are a legal agreement between you (you) and [My Soccer Coach Limited (company number 8103891)] of 26 Lewis Avenue, Gillingham, ME8 6HE, United Kingdom (we or My Soccer Coach App) for the use of [My Soccer Coach product] and our website www.mysoccercoachapp.com (whether as a guest or a registered user).

BY [CLICKING ON THE "CREATE ACCOUNT" BUTTON] YOU AGREE TO THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME, AS WELL AS THE PRIVACY POLICY [http://www.mysoccercoachapp.com/privacy.php] AND YOU AGREE TO ABIDE BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE REFRAIN FROM USING THE APPLICATION.

THE APPLICATION IS DISTRIBUTED ON AN "AS-IS" AND "AS AVAILABLE" BASIS IN THE HOPE THAT IT WILL BE USEFUL, BUT WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION IS WITH YOU. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU SHALL ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

  1. Accessing the Software
    1. In consideration of you agreeing to abide by these terms of use, we hereby grant to you a non-exclusive, non-transferable, revocable licence to use the Application (at your sole risk) on these terms of use. Any new features that may augment or enhance the Application from time to time, including the release of new tools and resources, shall be subject to these terms of use.
    2. Access to the Application is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide through the Application without notice (see below). We will not be liable to you if for any reason the Application is unavailable at any time or for any period.
    3. From time to time, we may restrict access to some parts of the Application to users who have registered with us.
    4. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose the same to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
    5. When using the Application, you must comply with the provisions of our acceptable use policy [http://www.mysoccercoachapp.com/privacy.php].
    6. You are responsible for making all arrangements necessary for you to have access to the Application. You are also responsible for ensuring that all persons who access the Application through your internet connection are aware of these terms, and that they comply with them.
    7. We reserve the right at any time to improve, add, modify, disable or discontinue the Application (or any part thereof), temporarily or permanently, with or without advance warning and without any liability to you.
  2. Your undertakings
    1. Except as expressly set out in these terms of use or as permitted by any local law, you undertake:
      1. not to copy the Application except where such copying is incidental to normal use of the Application or where it is necessary for the purpose of back-up or operational security;
      2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application; and
      3. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application; and
    2. You are responsible for all content posted and activity that occurs under your account and you agree to fully indemnify, defend and hold harmless My Soccer Coach Limited, its officers, employees, agents and representatives against (without limitation) any losses, damages, liabilities, awards, judgments, costs and/or expenses arising out of or in connection with any third party claim, action or proceeding relating to any content posted or activity that occurs under your account.
  3. Support
  4. As the Application is made available on an "as is" and "as available" basis in the hopeful that it will be useful, we shall offer no support function in connection with the use or application of the Application.

  5. Intellectual property rights
    1. You acknowledge that all intellectual property rights in the Application throughout the world belong to us, that rights in the Application are licensed (not sold) to you, and that you have no rights in, or to, the Application other than the right to use it in accordance with these terms of use. Furthermore, you agree that ideas, suggestions and/or feature requests that pertain to the Application shall be owned by us and any intellectual property rights therein shall be our sole property.
    2. You acknowledge that you have no right to have access to the Application in source code form or in unlocked coding or with comments.
    3. We claim no intellectual property rights over the material or content you may use in connection with the Application. Your content will remain yours; however, we reserve the right to remove (and you agree to procure the removal of) any such content that we, in our absolute sole discretion, determine.
  6. Reliance on Information Posted
  7. Commentary and other materials available through the Application are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user to the Application, or by anyone who may be informed of any of its contents.

  8. Regular Changes
  9. We aim to update the Application regularly and may change the content at any time. If the need arises, we may suspend access to the Application, or close it indefinitely. Any of the material available through the Application may be out of date at any given time, and we are under no obligation to update such material.

  10. Our Liability
    1. The Application is provided on an "as is" and "as available" basis in the hope that it will be useful but without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Application is with you. Should the Application prove defective, you shall assume the cost of all necessary servicing, repair or correction.
    2. The material available through the Application is provided without any guarantees, conditions or warranties as to its accuracy.
    3. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude to the fullest extent permitted by law:
      1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
      2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Application or in connection with the use, inability to use, or results of the use of the Application, any websites linked to them and any materials posted on them, including:
        1. loss of income or revenue;
        2. loss of business;
        3. loss of profits or contracts;
        4. loss of anticipated savings;
        5. loss of data;
        6. loss of goodwill;
        7. wasted management or office time; and

        8. 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.

      3. Nothing in this agreement shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent, misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under applicable law.
      4. You acknowledge that the Application has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Application meet your requirements.
      5. You acknowledge that the Application may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of these terms of use.
      6. Subject to clause 7.4, our maximum aggregate liability under these terms of use or in connection with the Application, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £1.00.
  11. Information About You and your use of the Application
  12. We process information about you in accordance with our privacy policy [http://www.mysoccercoachapp.com/privacy.php]. By using the Application you consent to such processing and you warrant that all data provided by you is accurate.

  13. Uploading Material to the Application
    1. Whenever you make use of a feature that allows you to upload material to the Application or to make contact with other users of the Application, you must comply with the content standards set out in our acceptable use policy [http://www.mysoccercoachapp.com/privacy.php]. You warrant that any such condition does comply with those standards, and you indemnify us for any breach of that warranty.
    2. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Application.
    3. We have the right to remove any material or posting you make on the which we, in our absolute sole discretion, determine.
  14. Viruses, Hacking and Other Offences
    1. You must not misuse the Application 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 the Application, the server on which the Application is stored or any server, computer or database connected to the Application. You must not attack the Application via a denial-of-service attack or a distributed denial-of-service attack.
    2. By breaching the 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 the Application will cease immediately.
    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 the Application or to your downloading of any material posted on it, or on any website linked to it.
  15. Termination
    1. We may, in our sole absolute discretion, any without any liability to you whatsoever, revoke or terminate the licence to use the Application or discontinue the availability of the Application with or without notice to you at any time.
  16. Transfer of rights and obligations
    1. This Agreement is binding on you and us and on our respective successors and assigns.
    2. You may not transfer, assign, charge or otherwise dispose of these terms of use, or any of your rights or obligations arising under them, without our prior written consent.
    3. We may transfer, assign, charge, sub-contract or otherwise dispose of these terms of use, or any of our rights or obligations arising under them, at any time.
  17. Variations
  18. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superceded by provisions or notices published elsewhere via the Application.

  19. Severability
  20. If any of the terms of these terms of use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  21. Entire agreement
    1. These terms of use and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the licensing of the Application.
    2. We each acknowledge that, in entering into these terms of use (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (including third parties) other than as expressly set out in these terms of use or those documents.
    3. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms of use.
    4. Nothing in this condition 15 shall limit or exclude any liability for fraud.
  22. Law and jurisdiction
  23. These terms of use, their subject matter or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts.