Terms of Service for Individuals

1

General

1.1

www.myclubgroup.co.uk  is operated by My Club Group (“MCG“).

1.2

This document (together with the documents referred to in it) tells You the terms of service (“Terms”) which apply to MCG’s website www.myclubgroup.co.uk  (“Website”), which provides a website creation service and sales channel portal platform (“Service”). The Terms apply whether You are a guest or a registered user. By using MCG’s Website, You indicate that You accept these Terms and that You agree to abide by them. If You do not agree to these terms of use, please refrain from using the Website. MCG reserves the right to update and change the Terms from time to time without notice or acceptance by You.

2

Description of service

2.1

The Service is web-based and allows users that register for an account to use the Service (each an “Account Holder”) to create and update an online profile on the Website. Once registered with the Service, each Account Holder receives his or her own profile on which to post Content (as defined in clause 8.1). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MCG tools and resources, will be subject to these Terms.

2.2

In order to use the Service, You must arrange for access to the Internet and provide all equipment necessary to make such connection. MCG’s Service may include certain communications from MCG, such as service announcements, administrative messages and the MCG newsletter, which are considered part of MCG membership, although You will be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by MCG for use in accessing the Service.

3

Registration

3.1

Users under 14 years of age may access the Website but cannot be an Account Holder or create an MCG ID.

3.2

In order to use the Service, You must have a valid MCG ID. To be an Account Holder with Your own website, You must provide MCG with a valid email address and other information (“Registration Data“). As an Account Holder, You will choose a password and account designation for Your website during the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account.

3.3

You agree to immediately notify MCG in writing of any unauthorised use of Your password or account or any other breach of security and You must ensure that You exit from Your account at the end of each session. MCG will not be liable for any loss or damage arising from Your failure to comply with this clause 3.3.

3.4

You agree to provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form, 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 MCG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MCG has 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

Charges and payment

4.1

Some of MCG’s packages are only available if You pay for them. The charges for the different packages are shown on the Website and are inclusive of VAT.

4.2

You can pay for a package online by credit card or by setting up a monthly direct debit (preferred method). You can also pay by cheque or electronic bank transfer although these methods will incur a £15 administration charge. If You want to pay by bank transfer MCG’s bank details are available upon request. Cheques should be made payable to My Club Group and posted to MCG, Quadrant House, Croydon Road, Caterham, CR3 6PB for the attention of MCG Finance.

4.3

All payments (except cheques) are processed via 3rd party payment providers and MCG will not have access to Your card and/or bank details at any time.

4.4

The charges will be payable in advance and You can choose whether to pay monthly or annually. If You pay online by credit card or direct debit MCG will automatically take payment each month/year (as applicable) and will continue to do so until You advise MCG otherwise.

4.5

You can cancel your subscription by sending MCG a cancellation request via email to support@myclubgroup.com, or in writing to MCG’s postal address. Please include Your contact details in case MCG have an issue with processing Your request.

4.6

If MCG accidentally takes payment after You have given MCG notice that You no longer wish to pay for a package MCG will refund You in full. MCG may also issue You with a refund if any of the package features are not available, but only if the unavailability is due to MCG’s act or omission.

4.7

If MCG is unable to collect payment for any reason or You fail to pay the charges, MCG may suspend the features of the relevant package until MCG receives payment in full and in cleared funds.

4.8

MCG reserves the right to change the charges at any time by giving You not less than 30 days’ notice.

5

Cancellation and termination

5.1

If You cancel the Service, Your cancellation will take effect immediately. After cancellation, You will no longer have access to Your profile and all information contained therein may be deleted. MCG accepts no liability for such deleted information or content.

5.2

MCG may, in MCG’s sole discretion, terminate Your password, and/or account, and remove and discard any Content within the Service (including, but not limited to Your website if You are an Account Holder), for any reason, including and without limitation, the lack of use, or if MCG believe that You have violated or acted inconsistently the Terms. Any contracts, verbal or written, in conjunction with Your deleted website, will, at MCG’s discretion, be terminated as well. MCG may also, in MCG’s sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice.

5.3

You agree that any termination of Your access to the Service under these Terms may be affected without prior notice, and You acknowledge that MCG may immediately deactivate or delete Your website and all related information and files. MCG reserves the right to bar any further access to such files or the Service. MCG will not be liable to You or any third-party for any termination of Your access to the Service.

6

Data and privacy

6.1

For the purposes of data protection legislation, MCG is the data controller. MCG processes Your personal data to enable You to make use of the various goods and services MCG offer and ensures the security of Your account. MCG may also use Your data for marketing purposes and/or marketing and commercial use by third parties.

6.2

For a more detailed explanation of how Your personal data is used, including disclosure to third parties, how MCG maintain security of Your data and Your rights in relation to the data MCG hold about You, please see MCG’s privacy policy.

7

Ownership of website account and security

7.1

You are responsible for maintaining the security of Your account and profile, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to notify MCG immediately in writing of any unauthorised use of the account or any other breaches of security. MCG will not be liable for any loss or damage from Your failure to comply with this clause 7. Under no circumstances will MCG be liable, in any way, for any acts or omissions by an Account Holder or a Guest.

8

Content and content rules and obligations

8.1

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content“) are 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. MCG does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

8.2

You understand that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MCG 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.

8.3

MCG does not pre-screen Content, but MCG and MCG’s designees will have the right (but not the obligation) in MCG’s 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 MCG.

8.4

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

8.4.1

comply with legal process;

8.4.2

enforce these Terms;

8.4.3

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

8.4.4

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

8.5

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.

8.6

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

8.7

You agree that You will not:

8.7.1

upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, 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;

8.7.2

impersonate any person or entity, including, but not limited to, an MCG official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

8.7.3

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

8.7.4

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)

8.7.5

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;

8.7.6

upload any Content unless You have the right to grant a licence in accordance with clause 11.2;

8.7.7

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, or (c) promoting Your site by posting multiple submissions in public forums that are identical;

8.7.8

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

8.7.9

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.

9

Viruses, hacking and other offences

9.1

You must not misuse MCG’s 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 MCG’s Site, the server on which MCG’s Site is stored or any server, computer or database connected to MCG’s Site. You must not attack MCG’s Site via a denial-of-service attack or a distributed denial-of service attack.

9.2

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

9.3

MCG 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 MCG’s Site or to Your downloading of any material posted on it, or on any website linked to it.

10

Additional software

10.1

If You elect to download or access any or third party Content or additional software that may be made available by MCG 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.

10.2

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.

11

Intellectual property rights

11.1

MCG is the owner or the licensee of all intellectual property rights in the Service, Website, 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 MCG 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.

11.2

Subject to clause 6.3, MCG does not claim ownership of the Content You place on Your website. By submitting Content to MCG for inclusion on Your website, You grant MCG a world-wide, royalty-free and non-exclusive perpetual licence to reproduce, modify, adapt, distribute, sub-licence and publish the Content.

12

Third parties and advertisers

12.1

The Service may include advertisements, which are necessary for MCG 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. MCG 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.

12.2

The Service may provide, or third parties may provide, links to other websites or resources. MCG has no control over such websites and resources and MCG is not responsible for the availability of such external sites or resources.

12.3

MCG does 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 MCG will 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.

13

Indemnity

13.1

You agree to indemnify MCG, and MCG’s 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.

13.2

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

14

Resale of service

14.1

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 of MCG.

15

General practices regarding use and storage

15.1

You acknowledge that MCG 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.

16

Disclaimer

16.1

You expressly understand and agree that MCG’s use of the Service is at Your sole risk. The Service is provided on an “as is” and “as available” basis. MCG expressly disclaims 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.

16.2

MCG will make reasonable efforts to maintain the Service, however, MCG is not responsible for any damage, loss of 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 and backing-up Your data and information that may reside on the service.

16.3

MCG does not warrant that:

16.3.1

the Service will meet Your specific requirements;

16.3.2

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

16.3.3

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

16.3.4

the quality of any products, services, information, or other material purchased or obtained by You through the service will meet Your expectations; and

16.3.5

any errors in the software will be corrected.

16.4

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.

16.5

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

17

Limitation of liability

17.1

To the extent permitted by law, MCG, other members of MCG’s group of companies and third parties connected to MCG hereby expressly exclude:

17.1.1

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

17.1.2

any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with MCG’s Website or in connection with the use, inability to use, or results of the use of MCG’s Website, any websites linked to it and any materials posted on it, including:

17.1.2.1

loss of income or revenue;

17.1.2.2

loss of business;

17.1.2.3

loss of profits or contracts;

17.1.2.4

loss of anticipated savings;

17.1.2.5

loss of data;

17.1.2.6

loss of goodwill; and

17.1.2.7

wasted management or office time, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition will 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.

17.1.3

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

18

General

18.1

Failure by MCG to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

18.2

These Terms constitute the entire agreement between You and MCG and govern Your use of the Service, superseding any prior agreements.

18.3

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

18.4

The Courts of England and Wales will have exclusive jurisdiction over this agreement.

18.5

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) will be governed by and construed in accordance with the laws of England and Wales.

18.6

My Club Group is a trading name of Myclubbetting.com Limited, which is registered in England and Wales, registered number 846853 and whose registered office is Concord House, Grenville Place, London, NW7 3SA.

19

Contact MCG

19.1

If You have any questions, comments or concerns regarding these Terms please contact MCG at support@myclubgroup.com or write to MCG at My Club Group, Quadrant House, Croydon Road, Caterham, Surrey

19.2

Please report any violations of these Terms to support@myclubgroup.com.

Last updated: May 2019

Terms of Service for Clubs

1

General

1.1

www.myclubgroup.co.uk is operated by My Club Group (“MCG“).

1.2

This document (together with the documents referred to in it) tells You the terms of service (“Club Terms”) that apply to any club/league/county entity (“Club”) when You set up a new site (“Club Account”) using MCG’s website www.myclubgroup.com (“Website”), which provides a website creation service and sales channel portal platform (“Service”). The Club Terms constitute the terms between MCG and the Club.

1.3

The individual who creates the Club Account on behalf of the Club (“Webmaster” “You”) undertake that You have the necessary authority to enter into the Club Terms on behalf of the Club. Both You and any other person to whom You give administrative access to and/or control of the Club Account (“Officials”) must ensure adherence to the Club Terms on behalf of the Club.

1.4

By creating a Club Account, You indicate that You accept these Club Terms and that You agree to abide by them. If You do not agree to these terms of use, please refrain from creating a Club Account. MCG reserves the right to update and change the Club Terms from time to time and Your continued use of the Services will constitute Your acceptance of such changes.. The terms are additional to the Terms You agreed to when signing up to MCG’s Website. If there is any conflict between the Terms and these Club Terms, the Club Terms will prevail.

2

Creation of a club account

2.1

To create a Club Account You must have a valid MCG ID and be aged 18 or over. As Webmaster You are responsible for the operation and administration of the Club Account.

2.2

You agree to immediately notify MCG in writing of any unauthorised use of the Club Account or any other breach of security and You must ensure that You exit from Your the Club Account at the end of each session. MCG will not be liable for any loss or damage arising from Your failure to comply with this clause 2.2.

2.3

You agree to provide true, accurate, current and complete information about Yourself and the Club (“Registration Data”) as prompted by the Club Account registration form, 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 MCG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MCG has the right to suspend or terminate Your individual account and/or the Club Account and refuse any and all current or future use of the Service (or any part thereof).

3

Charges and payment

3.1

Some of MCG’s packages are only available if You/the Club pay for them. The charges for the different packages are shown on the Website and are inclusive of VAT.

3.2

You/the Club can pay for a package online by credit card or by setting up a monthly direct debit (preferred method). You can also pay by cheque or electronic bank transfer although these methods will incur a £15 administration charge. If You/the Club want to pay by bank transfer MCG’s bank details are available upon request. Cheques should be made payable to My Club Group and posted to MCG, Quadrant House, Croydon Road, Caterham, CR3 6PB for the attention of MCG Finance.

3.3

All payments (except cheques) are processed via 3rd party payment providers and MCG will not have access to Your card and/or bank details at any time.

3.4

The charges will be payable in advance and You can choose whether to pay monthly or annually. If You pay online by credit card or direct debit MCG will automatically take payment each month/year (as applicable) and will continue to do so until You advise MCG otherwise.

3.5

You can cancel a package at any time giving 30 days notice via Your website control panel. You can also send MCG a cancellation request via email to support@Myclubgroup.com, or in writing to MCG’s postal address. Please include Your contact details in case MCG have an issue with processing Your request.

3.6

If MCG accidentally takes payment after You have given MCG notice that You/the Club no longer wish to pay for a package MCG will refund You in full. MCG may also issue You with a refund if any of the package features are not available, but only if the unavailability is due to MCG’s act or omission.

3.7

If MCG is unable to collect payment for any reason or You/the Club fails to pay the charges, MCG may suspend the features of the relevant package until MCG receives payment in full and in cleared funds.

3.8

MCG reserve the right to change the charges at any time by giving You/the Club not less than 30 days’ notice.

3.9

If You cancel Your subscription or fail to pay for Your website package, You may experience interruption to Your domain name and associated mailbox service.

4

Transaction fees

4.1

MCG’s shop and payments system allows You to collect money from Your members.

4.2

Each transaction carries a transaction fee to MCG and also to the relevant payment provider. MCG’s standard transaction fee is 1.5%. The transaction fee is inclusive of VAT. Exports from the shop and payments systems will separate the VAT.

4.3

Current payment provider transaction fees are variable dependent upon usage:

4.4

Because the payment providers offer a financial service only, there is no VAT to pay on their transaction fee.

5

Cancellation and termination

5.1

If You cancel the Club Account, the cancellation will take effect immediately. After cancellation the Club Account will be de-activated and will no longer be accessible by the public, by You or the Club Account members unless You expressly require MCG to do so, MCG will not close the Club Account and will keep this in existence, so MCG can try find someone who will take over the Club Account. Where You require MCG to close the Club Account, You will have the opportunity to copy and paste information and content from the Club Account prior to its closure. When a Club Account is closed all information therein may be deleted and MCG accepts no liability for such deleted information or consent.

5.2

MCG may, in MCG’s sole discretion, terminate and/or suspend the Club Account and remove and discard any content within the Club Account for any reason, including without limitation, if MCG believes that You have violated or acted inconsistently with the Club Terms.

5.3

You agree that any termination of Your access to the Service under these Club Terms may be effected without prior notice and You acknowledge that MCG may immediately deactivate or delete the Club Account and all related information and files. MCG reserves the right to bar any further access to such files or the Service. MCG will not be liable to You or any third-party for any termination of Your access to the Service.

6

Data and privacy

6.1

For the purpose of this clause 6, “Data Protection Legislation” means the Data Protection Act 1998 as amended, extended, re-enacted or consolidated from time to time, including without limitation, the implementation of the General Data Protection Regulation (EU) 2016/679 and any other relevant laws (having regard to the geographic location of users of the Website) relating to the protection of data throughout the world from time to time.

6.2

MCG understands that You will collect data from members during the administration of the Club Account. You may also upload other information onto MCG’s Website such as (without limitation) fixture lists, team line ups, match scores, match summaries, videos and photos (“Club Data”). Where such data is personal data (as defined by Data Protection Legislation) You will be the data controller (as defined by Data Protection Legislation) and You will ensure that You comply with all Your obligations as data controller when using such data including but not limited to:

6.2.1

ensuring that adequate privacy notices have been provided to data subjects (as defined by Data Protection Legislation) (including the Members) so they understand the circumstances their personal data will be shared with MCG, and the purposes of the data sharing; and

6.2.2

ensuring that appropriate consent has been obtained from the data subject where required to allow their personal data to be used by MCG and shared with third parties as set out in MCG’s privacy policy available on MCG’s website.

6.3

6.4

The Club will indemnify MCG against any claims, losses, damage or fines MCG incurs due to Your breach of clauses 6.2 and 6.6.

6.5

When You upload any videos or photos onto MCG’s Website, You and the Club agree to grant MCG a licence in accordance with clause 9.2 and MCG will be free to use such videos/photos as MCG sees fit. Where this happens, MCG will become data controller in respect of the videos/photos. Where You upload videos or photos of third parties, You will be asked to confirm You have their consent to do so.

6.6

The Club and MCG will comply in all respects with the provisions of Data Protection Legislation in MCG’s capacity as data controllers in relation to all information made available to each other.

7

Ownership of club account and security

7.1

You are responsible for maintaining the security of the Club Account and You are fully responsible for all activities that occur under the Club Account. You agree to notify MCG immediately in writing of any unauthorised use of the Club Account or any other breaches of security.

7.2

If and when You decide to add an Official to the Club Account, You must ensure that such person is over the age of 18.

7.3

The Official will have administrative access to the Club Account You must ensure that the person is a responsible adult as they will have access to personal data and/or sensitive personal data. MCG strongly advise You carry out any necessary backgrounds check before appointing an Official, especially if the Club Account has members who are under the age of 18.

7.4

MCG will not be liable for any loss or damage from Your failure to comply with this clause 7. Under no circumstances will MCG be liable, in any way, for any acts or omissions by an Official or a Member.

8

Content and conduct rules and obligations

8.1

All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content“) are the sole responsibility of the person from which such Content originated. As Web Master You have a responsibility to moderate any such Content on the Club Account and remove it where You think it is inappropriate. MCG does not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.

8.2

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

8.2.1

comply with legal process;

8.2.2

enforce these Club Terms;

8.2.3

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

8.2.4

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

8.3

Notwithstanding Your duty to moderate the Club Account, should Content be found or reported to be in violation of these Club Terms or the Terms, it will be in MCG’s sole discretion as to what action should be taken.

9

Intellectual property rights

9.1

MCG is the owner or the licensee of all intellectual property rights in the Service, Website, and in the material MCG publishes 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 MCG 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.

9.2

Subject to clause 6.5, MCG does not claim ownership of the Content You or Your members place on the Club Account. By submitting Content to MCG for inclusion on the Club Account, You grant MCG a world-wide, royalty-free and non-exclusive perpetual licence to reproduce, modify, adapt, distribute, sub-licence and publish the Content. You and any Official will not upload any Content unless You have the right to grant a Licence in accordance with this clause.

10

Indemnity

10.1

The Club agrees to indemnify MCG, and MCG’s 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 any Content, Your use of the Service, Your members’ activities, Your connection to the Service, Your violation of these Club Terms. You are solely responsible for Your actions when using the Service, including, but not limited to, costs incurred for Internet access.

11

Disclaimer

11.1

You expressly understand and agree that where You use the Service, this is at Your/the Club’s sole risk. The Service is provided on an “as is” and “as available” basis. MCG expressly disclaims 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.

11.2

MCG will make reasonable efforts to maintain the Service, however, MCG is not responsible for any damage, loss of 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 You sharing access to the Service, or other interaction with the Service. You are responsible for maintaining and backing-up Your data and information that may reside on the Service.

11.3

MCG does not warrant that:

11.3.1

the Service will meet Your specific requirements;

11.3.2

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

11.3.3

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

11.3.4

the quality of any products, services, information, or other material purchased or obtained by You through the service will meet Your expectations; and

11.3.5

any errors in the software will be corrected.

11.4

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

11.5

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

12

Limitation of liability

12.1

To the extent permitted by law, MCG, other members of MCG’s group of companies and third parties connected to MCG hereby expressly exclude:

12.1.1

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

12.1.2

any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with MCG’s Website or in connection with the use, inability to use, or results of the use of MCG’s Website, any websites linked to it and any materials posted on it, including:

12.1.2.1

loss of income or revenue;

12.1.2.2

loss of business;

12.1.2.3

loss of profits or contracts;

12.1.2.4

loss of anticipated savings;

12.1.2.5

loss of data;

12.1.2.6

loss of goodwill; and

12.1.2.7

wasted management or office time, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition will 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.

12.1.3

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

13

General

13.1

Failure by MCG to exercise or enforce any right or provision of these Club Terms will not constitute a waiver of such right or provision.

13.2

These Club Terms constitute the entire agreement between You and MCG in relation to the operation of any Club Account and supersede any prior agreements.

13.3

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

13.4

The Courts of England and Wales will have exclusive jurisdiction over this agreement.

13.5

These Club 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) will be governed by and construed in accordance with the laws of England and Wales.

13.6

My Club Group is a trading name of Myclubbetting.com Limited, which is registered in England and Wales, registered number 846853 and whose registered office is Concord House, Grenville Place, London, NW7 3SA.

14

Contact MCG

14.1

If You have any questions, comments or concerns regarding these Terms please contact MCG at support@myclubgroup.com or write to MCG at My Club Group, Quadrant House, Croydon Road, Caterham, Surrey CR3 6BP

14.2

Please report any violations of these Terms to support@myclubgroup.com.

Last updated: May 2019