Rugby Roundup - TERMS AND CONDITIONS OF USE

1. Who are we?

Rugbyroundup.com is part of Round-Up UK Ltd whose registered address is:

156 Station Road
Earl Shilton
Leicestershire
LE9 7GD
UK

2. CONDITIONS OF USE

2.1 Use of our Services and Web Site

The rugbyroundup.com web site and any goods or services offered through it are for your personal and non-commercial use only. Commercial use of this Web Site is strictly prohibited.

You agree to comply with all applicable laws, statutes and regulations in connection with the use of the Web Site and our goods and services obtained via the Web Site.

By using the Web Site, you unconditionally agree to be bound by these terms and conditions.

2.2 Restrictions on Use

As a condition of your use of this Web Site and the Services you agree that you will not:

(a) Reverse engineer or decompile (whether in whole or in part) any software available through the Web Site.

(b) Remove, change or obscure any product identification or notices of proprietary rights or any restriction on or in the Services and/or the Web Site.

(c) Remove any copyright, trade mark or other intellectual property right notices contained in material on the Web Site or Services.

(d) Make copies, modify, reproduce, republish, post, transmit, distribute or alter (including the creation of HTML links to or from the Web Site) all or any part of the Web Site or any materials contained on it.

2.3 Unlawful or Improper Use

You must not use the Web Site or the Supplies for any unlawful purposes. In particular, you must not:

(a) Publish, post, upload, distribute, disseminate or otherwise transmit, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory, libellous, or are alleged to be, or are in the opinion of Rivals, otherwise unlawful.

(b) Submit files or text that contain software or other materials in breach of any intellectual property rights or in breach of confidence.

(c) Download any file of materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used legally.

(d) Harass, stalk, threaten or otherwise infringe the rights of others.

(e) Hack into any web site, deliver viruses or engage in any behaviour likely to inhibit any other user from using and enjoying the Web Site or the Services or that is otherwise likely to damage or destroy the reputation of the Web Site or Round-Up UK Ltd.

(f) Advertise or offer to sell goods or services throug any of the rugbyroundup.com websites or Forums.

2.4 Monitoring and disclosure

Round-Up UK Ltd accepts no obligation to (but may in its discretion) monitor the use of the Web Site and/or the Services by you. Round-Up UK Ltd reserves the right to disclose any information or material which may be provided by you if required by law or regulations and to remove, refuse to post or to edit any such information or material and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions.

3. USERNAMES AND PASSWORDS

Following any registration by you and if applicable, Round-Up UK Ltd will deliver your user name and password to you. Delivery may be by any reasonable means (including electronic or postal delivery).

You must keep your user name and password confidential at all times. Any breach of these terms and conditions by anyone to whom you disclose your password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

You must take appropriate security measures to prevent unauthorised disclosure of your user name and password and you must notify Rivals immediately if your password becomes known to any unauthorised user.

You must notify Round-Up UK Ltd of any changes to your registration details.

4. INTELLECTUAL PROPERTY RIGHTS

This Web Site and the trade marks and any information or material used in connection with the Web Site and its Goods and services are owned by Round-Up UK Ltd and/or its licensors. You are not granted any right or interest in these except as stated in these terms and conditions.

5. OPERATION OF THE SERVICES AND WEB SITE

Round-Up UK Ltd may at its sole discretion from time to time without notice change the format and content of this Web Site and/or the Services and suspend the operation of the Web Site and/or the Services.  Examples of where this may be excercised are (and not limited to) for repair/maintenance work, or in order to update or upgrade the contents or functionality of the Web Site and/or the Services.

You are responsible for obtaining and updating your own web browser, and for all amounts payable in respect of connection to the internet including any telecommunications charges for time spent online in respect of use of the Web Site.

You will comply with all directions and instructions given by Round-Up UK Ltd in relation to the use of and access to the Web Site and the Services. Round-Up UK Ltd does not accept responsibility for the security or content of any information which you may supply through the Web Site or the Services and will not be liable for the content of any communications or messages received by you from other users.

6. DISCLAIMER AND LIMITATIONS OF LIAIBILITY

Round-Up UK Ltd does not exclude or limit liability for death or personal injury resulting from its negligence or any other liability which may not, by applicable law, be excluded or limited.

Subject to the paragraph above in this clause 6, in no event shall Round-Up UK Ltd, its directors, employees or other representatives be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, loss of sales, loss of revenue, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss (howsoever arising).

Subject to the two paragraphs above in this clause 6, Round-Up UK Ltd's liability to you whether in contract, tort or howsoever arising is limited to the amount paid by you to Round-Up UK Ltd in respect of the relevant Supplies.

You shall indemnify and keep indemnified Round-Up UK Ltd against any loss or damage arising from your unauthorised use of the Web Site or your disclosure of any password or username and from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by you of any of your obligations under these terms and conditions.

Round-Up UK Ltd supplies this Web Site and its Goods and Services "as is" and, to the fullest extent permitted by law, makes no representations or warranties (express or implied) of any kind, including but not limited to, the accuracy, quality, suitability, fitness for purpose or completeness of any information or materials made available on this Web Site or the Goods and Services, or any third party web sites linked from this Web Site. Round-Up UK Ltd shall not be liable for any action taken by you as a result of your relying on any information provided in this Web Site or the Goods and Services or third party web sites or for any loss or damage suffered by you as a result of you taking such action or as a result of you purchasing any Goods and Services from a third party.

Round-Up UK Ltd does not accept responsibility for the security or content of any information which you may supply through this Web Site or the Services and will not be liable for the content of any communications or messages received by you from other users including any content posted by other users in chat rooms or Forums.

You are solely responsible for your use of this Web Site, Supplies, any username, password and any information made available on this Web Site from time to time and for any consequences or effects (whether direct or indirect) of such use.

Round-Up UK Ltd does not warrant that this Web Site or the Goods and Services will be uninterrupted or error or defect free and shall not be responsible for the non-performance or interruption of this Web Site or the Services or for any viruses transmitted through this Web Site or the Services.

Any links from this Web Site to third party web sites do not constitute an endorsement by Round-Up UK Ltd of any products or services available on such web sites and Round-Up UK Ltd does not necessarily support or approve of them. You use such links entirely at your own risk and Round-Up UK Ltd accepts no responsibility for the content or use of such web sites or information contained in them.

7. BUYING GOODS AND SERVICES ON THIS WEB SITE

7.1 Contracting party

You may be able to purchase Goods and Services via this Web Site either direct from Round-Up UK Ltd or from third parties. You must ensure that, if you do intend to make any purchases, you know the identity of the company with which you will be contracting. Any contract you conclude with third parties will be on their terms and conditions and Round-Up UK Ltd will accept no liability whatsoever in respect of such contracts. Third party terms and conditions should be available in the checkout or other appropriate section of the relevant Round-Up UK Ltd or third party web site. The following paragraphs of this clause 7 contain terms and conditions relating solely to any sale or provision of Supplies direct to you by Round-Up UK Ltd, not by any third party.

7.2 Prices

The prices of all Goods are clearly marked in their description and are inclusive of VAT and duty (if applicable) unless otherwise stated.  All delivery charges are displayed on this Web Site if applicable.

7.3 Conclusion of Contract of Sale

Any Goods and Services and prices of these Goods and Services displayed on this Web Site constitute an invitation to treat. Once you go to the checkout section of this Web Site (Whether hosted by ourselves or our payment provider) and click to purchase any Goods or Services, this constitutes an offer made by you to Round-Up UK Ltd . Acceptance of your offer only occurs once you receive notification from Round-Up UK Ltd of acceptance of your order.

7.4 Period of Offer

Prices of any Goods and Services may be changed by Round-Up UK Ltd at any time before the conclusion of an agreement to sell i.e. once you receive notification from Round-Up UK Ltd of acceptance of your order.

7.5 Payment

Payment is to be made by credit or debit card and all credit and debit card information will be encrypted for security.

7.6 Delivery

Delivery of any Goods will be by courier or post depending on the size and nature of the Goods to be supplied. The Goods will normally be delivered within 30 days of the placement of the order. If delivery is delayed beyond 30 days, we will notify you that this is the case and you will have an option to cancel your order if the delay is unacceptable.

7.7 Substitutes

Should the Goods you order not be available, substitute goods may be provided by RivalsRound-Up UK Ltd, subject to your approval. If you should decide that any substitution of Goods is unacceptable, Round-Up UK Ltd will pay for the cost of returning the Goods and will also provide you with a full refund.

7.8 Cancellation

You may cancel your order at any time before delivery, without affecting the continuance of this agreement between Round-Up UK Ltd and you in relation to use of this Web Site. If any money has been collected from your credit or debit card, this will be refunded. Notification of cancellation must be either in writing and sent to the address stated above or emailed to support@rugbyroundup.com. Once the Goods have been delivered, you may still return them to Round-Up UK Ltd within 7 working days of delivery for a full refund, provided the Goods are in good condition. Where Services have been ordered, you may cancel the order within 7 working days of the day on which the order was placed, unless it is for our Recuitment service where its own Terms apply.

8. TERMINATION

Round-Up UK Ltd reserves the right to terminate this agreement and your access to this Web Site and the Services at any time and without notice, for any reason whatsoever. Round-Up UK Ltd also reserves the right to bar anyone from using this Web Site and its Services.

On termination, you will immediately stop using any username and password and the Services and will return any such username and password to Round-Up UK Ltd within 5 days of such termination and destroy (so that they cannot be retrieved) all records or copies you may hold of the username and password and any information about or obtained from this Web Site and the Services.

9.  SMS RELATED SERVICE

SMS related services run on a subscription basis and as such require a few more terms and conditions:

9.1  Payment

Payment for SMS services are worked out on a monthly basis to ensure you pay for what you have received.  Each month is charged for in arrears and a statement sent to you.  The season is usually 8 or 9 months long and your subscription will automatically not be charged for outside of this time, when no rugby games are played.

9.2  Subscription Continuation

Your subscription will automatically continue onto the next season with the same club(s) unless the club(s):

  • Do not participate next season
  • Drop out of our covered leagues
  • The SMS Service ceases for the team(s) or Leagues(s)
  • You cancel your subscription as per the terms in 9.3 below.

In the event that only 1 of your chosen teams is still running the service (in the case of the Club deal), your subscription will be moved to a more suitable single team subscription or cancelled by Round-Up UK ltd.

9.3  Termination

A minimum of One Month's notice is required to cancel an SMS subscription and will be rounded up to the end of the month that we receive notice for.  Therefore if you notify of cancellation on 17th of October your service will be charged for up until the end of November.  As payment is One Month in arrears we will charge you for the last months service at the end of the notice period.  After the last payment has been recieved we will no longer charge your credit card.  We require notice so that we can administrate to participating clubs and charities the amounts owed to them in an accurate fashion.

Termination of competition services such as 6 Nations where the whole service can be paid for up front will be dealt with as per the conditions above.

Termination must be in writing and sent to support@rugbyroundup.com and must include your phone number and original order details.

Round-up UK Ltd reserve the right to stop the SMS service in part or its entirety without notice.  All refunds for non-used services will be paid in this eventuality.

9.4  Club Payments

For every SMS subscription for a club, Rugby Roundup will profit share the with that club, Currently not including Premiership or Magners teams.  To activate the profit share, there must be a minimum of 20 Subscribers for the given team, regardless of where the subscribers are sourced from.

9.5  Club Payment Notification

Each club will be notified when the activation level of its subscribers base has been reached.  All payments will be summarised and paid out at the end of each Season.

9.6  Club Terms

Each team is responsible for sending in the match Result within 5 minutes of the Final Whistle for every game.  Failure to do so gives Rugby Roundup the right to cancel accrued profit for that week.

10. CONTACT

You may contact Round-Up UK Ltd about any problems or questions with this Web Site at support@rugbyroundup.com

11. GENERAL

These terms and conditions shall be governed by and interpreted in accordance with the laws of England and you consent to the exclusive jurisdiction of the English Courts in all disputes arising out of or relating to the use of this Web Site or the provision of Supplies by Round-Up UK Ltd. This Web Site is operated and controlled by Round-Up UK Ltd, from its offices in the United Kingdom. Round-Up UK Ltd makes no representation that information or material contained at its Web Site is appropriate for use in other jurisdictions. Users who access the Web Site from other jurisdictions do so at their own initiative and are responsible for compliance with any local laws.

You agree that Round-Up UK Ltd may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations under them without notice. Round-Up UK Ltd may delay enforcing its rights under these terms and conditions without losing them. If any provision of these terms and conditions is found to be unenforceable this shall not affect the validity of any other provision. Round-Up UK Ltd may amend, vary or supplement these terms and conditions at any time. Round-Up UK Ltd will post a notice of any such amendments on this Web Site and such amended terms and conditions will automatically be effective. These terms and conditions (as varied from time to time) form the entire agreement of the parties and supersede all previous agreements, understandings and representations relating to their subject matter.

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