Terms and conditions of Sports Statistics and Information Systems Limited for access to the online service

Please read these terms and conditions carefully, they contain important information about your rights and obligations.

1. Introduction
   1. Your subscription to the online materials and information available on the web site (‘the Online Service’) operated by Sports Statistics and Information Systems Limited, company number 03917376, whose registered office is at Glynderi, Talyllyn, Brecon, Powys, LD3 7SY (‘Sportstat’ ‘we’ or ‘us’) is subject to these terms and conditions. In particular, we draw your attention to clauses 8 (Applicability of Online Materials) and 12 (Liability).
   2. By accessing our web site and subscribing to the Online Service you agree to be legally bound by these terms and conditions, as modified and posted on our web site from time to time.
   3. If you do not wish to be bound by these terms and conditions then you may not subscribe to the Online Service.
2. Nature of our web site
   1. Our web site describes the Online Service in more detail. Please note that you must be over 18 years to use the Online Service.
3. Conditions of access to the Online Service
   1. To access the Online Service you will need to have entered into an agreement for services with us (‘the Agreement for Services’).
   2. Upon entering into the Agreement for Services you will be provided with user names and passwords for each user, as provided in the Agreement for Services. We may monitor your access to the Online Service.
   3. When your subscription payment is accepted under clause 4, Sportstat grants you a non-exclusive, non-transferable licence to use the Online Service for the duration of your subscription, as renewed from time to time. This licence to use the materials and information made available through the Online Service (‘Materials’) is granted on these terms and conditions.
   4. We will contact you 30 days prior to the end of the subscription period, as set out in the Agreement for Services. If your subscription is not renewed it shall lapse and your access to the Online Service shall terminate.
   5. In relation to the Online Service:
      1. you may:
         1. display the Materials electronically on a single computer to one person;
         2. download and store a copy of the Materials to which you have access pursuant to your subscription in machine readable form;
         3. print a copy of the Materials; and
         4. copy, reproduce and use the Materials for your business purposes.
      2. you may not:
         1. download, store, reproduce, transmit, display, copy, distribute or use the Materials other than in accordance with clause 3.5.1 above; or
         2. sub-license, rent, lease, transfer or attempt to assign the rights in the Materials to any other person; or
         3. make the Materials available on a network; or
         4. use the Materials in any manner, or transfer or export the Materials or any copies into any country, other than in compliance with applicable laws; or
         5. allow any other person to use the Materials other than in accordance with these terms and conditions.
   6. Sportstat may terminate or suspend your use of the Online Service at any time if you are found in breach of any of these terms and conditions and the terms of the Agreement for Services. In these circumstances you will not be entitled to any refund.
4. Payment
   1. Details of our prices for subscription to the Online Service and the procedures for payment are as set out in the Agreement for Services (subject to any review upon renewal of your subscription). All payments must be made by a bank transfer quarterly in advance, the first payment to be made upon entering into the Agreement for Services. In the event that you fail to make the relevant payments, we may suspend your access to the Online Service until such payments are made.
   2. The price of any subscription is the price in force at the date of entering into the Agreement for Services. We may change the price of the Online Service upon renewal of your subscription. We will inform you of any price changes prior to renewal of your subscription.
   3. Making the Online Service available to you constitutes performance of our services and you will have no right to cancel the contract once we have done so. In the event that you wish to cancel the contract during the subscription period, you shall be liable to pay the full subscription price to us immediately, as provided in the Agreement for Services.
5. Our obligations
   1. We will provide the Online Service with reasonable skill and care. We will use our reasonable endeavours to ensure the accuracy of the Materials. However, we shall not be liable for any minor errors in the Materials.
   2. If the Materials made available to you via the Online Service do not contain the information you require, we may be able to make the relevant information available on request by you in writing or by email to us.
   3. If you have any complaints, you should direct them to us via email at info@sportstat.co.uk or by post at the address provided in clause 1 above.
6. Modifications to the online service
   1. We reserve the right to alter, suspend or discontinue any aspect of the Online Service, including your access to it. Unless explicitly stated, any new features will be subject to these terms and conditions.
7. Security
   1. You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for access to the Online Service. You may not share these with or transfer them to any third parties. You must notify Sportstat immediately of any unauthorised use of them or any other breach of security regarding our web site that comes to your attention.
8. Applicability of online materials
   1. Our web site is controlled and operated by us from our offices as set out in clause 1. Where Materials published in the Online Service are supplied by third parties, you understand that we do not control or endorse their contents in any way. All Materials, which are offered by third parties, are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of those Materials (on or off-line) and the use of those Materials. You assume total responsibility and risk for your use of the Materials and the Online Service.
9. Copyright and monitoring
   1. The contents of the Online Service are in the public domain, however Sportstat owns copyright and other intellectual property rights in our web site. All company names and logos contained within our web site or the Online Service are the trade marks, service marks or trading names of their respective owners, including us.
10. Linked web sites
    1. Sportstat make no representations whatsoever about any other web sites which you may access through the Online Service. When you access any other web site you understand that it is independent from Sportstat and that we have no control over the content or availability of that web site. In addition, a link to any other web site does not mean that Sportstat endorses or accepts any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.
11. Availability of the Online Service
    1. We will try to make the Online Service available but cannot guarantee that the Online Service will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Online Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
12. Liability
    1. Except as set out in clause 5.1, we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Materials, the Online Service, our web site or any information or service provided through our web site. We will do our best to ensure that all Materials are accurate, but please note that all Materials and information contained in the Online Service are provided on an ‘as is’ basis.
    2. In relation to the provision of the Online Service, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Online Service or the Materials, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Sportstat or our servants, agents or any other person.
    3. If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Online Service in the year in which such liability arose. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
    4. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Online Service and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Online Service will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
    5. The limitations and exclusions in this condition do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
13. General
    1. We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
    2. We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of the Online Service will be governed by that version.
    3. These terms and conditions together with the privacy policy, the Agreement for Services and payment method instructions, if any, constitute the whole agreement between you and Sportstat. You acknowledge that you have not entered into an agreement with us in reliance upon any warranty or representation made by Sportstat or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these terms and conditions, privacy policy, Agreement for Services and payment method instructions.
    4. If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them and the remainder of these terms and conditions shall continue to be valid and in force.
    5. These terms and conditions and your use of our web site are governed by English and Welsh law and you submit to the exclusive jurisdiction of English and Welsh courts.
    6. Neither you nor Sportstat will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
    7. Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy.
14. Notices
    1. All notices to be given under this agreement shall be in writing and shall either be delivered personally or sent by first class or airmail prepaid post or by facsimile transmission or via email at info@sportstat.co.uk and shall be deemed duly served:
       1. in the case of a notice delivered personally, at the time of delivery;
       2. in the case of a notice sent inland by first class prepaid post, 2 business days after the date of dispatch;
       3. in the case of a notice sent overseas by airmail, 7 business days after the date of dispatch;
       4. in the case of a facsimile transmission, if sent during normal business hours then at the time of transmission and if sent outside normal business hours then on the next following business day provided that a confirmatory copy is sent by first class prepaid post or by hand by the end of the next business day; and
       5. in the case of an email, when received in full (or on the next business day if it is received on a weekend or a public holiday in the place of receipt).
    2. Each notice shall be addressed to the address of the party concerned set out in this Agreement or to such other address as that party shall have previously notified to the sender.
15. Replacement
    1. These terms and conditions replace all other terms and conditions previously applicable to the provision of the Online Service.