Terms & Conditions
TERMS AND CONDITIONS OF USE
1.1 Who we are.
“Sportside” is the trading name of WORLD SPORTS BUDDY LIMITED a company incorporated in England and Wales under company number 09467807 and with its registered office 2nd Floor, 31 Chertsey Street, Guildford, Surrey, GU1 4HD.
Sportside owns, operates and manages the Sportside Android and iOS mobile applications (the “App”), You can find out more information about the App on https://sportside.com/ (the “Website”).
1.2 What are these Terms and Conditions of Use?
These Terms and conditions of Use are part of the legal documents that govern your access to, and your use of Sportside. By ticking the box to confirm your acceptance of these Terms and Conditions of Use, you agree that these terms and conditions will bind both you and us. It is important therefore that you read these Terms and Conditions of Use carefully.
1.3 What if I don’t accept these Terms and Conditions of Use?
If you don’t accept these Terms and Conditions of Use you must stop accessing and using the Sportside App and Service.
1.4 If I don’t understand any of these Terms and Conditions of Use can I ask Sportside for help? If there’s anything you don’t understand in these Terms and Conditions of Use please contact us by email at – firstname.lastname@example.org
2. DEFINITIONS AND INTERPRETATION
2.1 In these Terms and Conditions of Use , including the introduction, the following definitions will apply unless the context otherwise requires:
Activity Any activity you perform whilst actively participating in an Event, such as taking part in a session, playing a game or participating in a competition;
App The iOS and Android “Sportside” mobile application which enables you to connect with other users and with Partners;
App User Individuals who use the App (or Website) for personal, non-commercial purposes;
Booking A booking you place via the App or Website in connection with an Event operated by one of our Partners;
Club A sports club, facility provider or similar entity which utilises Sportside pursuant to the terms and conditions for clubs;
Coach An individual coach who utilises Sportside pursuant to the terms and conditions for coaches;
Event A session, game, competition, venue-only booking or other event which you can arrange via the App or Website, either by making arrangements with another App User or by placing a Booking with a Partner;
Event and Competition Organiser An event or competition organiser which utilises Sportside pursuant to the terms and conditions for event and competition organisers;
Partner Any of the partners which Sportside offers you the opportunity to connect with, including Coaches, Clubs, Events and Competition Organisers and Retailers;
Services The services offered by Sportside via its App or Website;
Sportside The global local sports club accessible via the App or Website;
User Our registered members and website visitors; and
Website Our website located at sportside.com which enables you to access a limited range of the Sportside functionality.
3. ACCOUNT CREATION
3.1 What age do I have to be to register an account?
Our Platform is available to anyone who is at least 16 years of age and over. By accessing or using the Services you confirm that you:
- 3.1.1. are at least 16 years of age;
- 3.1.2 are fully able and competent to enter into binding contracts, and;
- 3.1.3 will comply with these Terms of Service.
- 3.2 Please note however that some certain clubs, functions or coaching sessions may require the User to be over a certain age, for example 18 or 21 years of age. Any additional eligibility requirements will be made clear before you attempt to join the particular club, functions or coaching sessions.
3.3 What if I am under 16?
Sorry, but at this stage you cannot register with Sportside if you are under 16 years of age.
3.4 Account Information – By creating an account, you agree to:
- 3.4.1 provide true, accurate, current and complete information about yourself as prompted by our registration form; and
- 3.4.2 maintain and promptly update the information we hold about you to keep it true, accurate, current and complete.
3.5 We reserve the right to refuse any application to join Sportside or to terminate or suspend any account if we reasonably believe that:
- 3.5.1 you do not meet the criteria set out in this paragraph 3;
- 3.5.2 you would not be able to comply with these terms (for example if you are under the age of 16); or
- 3.5.3 any of the information you have provided is untrue, inaccurate, non-current or incomplete.
3.6 If I don’t register, what can I see?
Non-registered Users are able to access only the parts of the Service that are publicly available and do not enjoy all of the privileges of being a registered member.
3.7 Do you do any background or criminal checks?
We do carry out background checks (including criminal records checks, CCJ and DBS checks) on individuals looking to register as Coaches or organisers of events. This is to protect our users. You need to be careful when interacting with other people online, and you can read more about what safety measures you should take at paragraph 9..
4. ACCOUNT ACCESS
4.1 Can I share my account or my login details?
- i. No. Your account is personal to you and you must not allow any other person to access it.
- ii. You remain responsible for the use of your account and ensuring that your username and password is kept confidential and you must not disclose them to any other person. You are responsible if anyone accesses Sportside using your username and password.
- iii. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at email@example.com
- iv. We have the right to disable your account at any time if in our reasonable opinion you have failed to comply with our terms.
- v. We’re excited to let people know about Sportside, and we encourage you to let other people know about us, including your friends and family and any coaches, clubs or businesses you are associated with. However, you must take care not to suggest any association between you and Sportside beyond you being a member of Sportside.
4.2 What about data charges, if I use my mobile device?
By using Sportside on your mobile phone (and/or any other device) you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be responsible for any such costs.
5. YOUR USE OF SPORTSIDE
5.1 Once you create an account and become a member of Sportside, you will be able to access all of the functionality which is available from time to time, such as the ability to connect with other Users, Coaches and Clubs, book sessions with Coaches, register and pay for events and competitions and purchase and redeem promotions through the loyalty card and marketplace. The functionality of Sportside is constantly evolving, so please access the App or Website or contact us for further information about the current features.
5.2 To gain access to the full Sportside functionality you will need to download and install our App on a compatible device. Some functionality may also be available through the Website, but this will be more limited than the functionality available by using the App.
5.3 Sportside is constantly changing with new features being added all the time. We may have to suspend, withdraw or restrict the availability of all or any part of Sportside for these business and operational reasons. As such, we do not guarantee that Sportside, or any part of it, will always be available or be uninterrupted. However, we will use reasonable endeavours to give you reasonable notice of any major changes or disruption.
5.4 We may from time to time publish policies and guidance regarding the proper and effective use of Sportside:
- 5.4.1 policies contain mandatory rules that are binding on you, as if the text of the policy was set out in these terms and conditions, and you must comply with the requirements of any policy; and
- 5.4.2 guidance is provided to help you get the most out of Sportside and is prepared with reasonable care and skill and provided in good faith.
5.5 You are responsible for configuring your device to access Sportside. You should use your own virus protection software.
5.6 You must not misuse the App or Website by introducing viruses, trojans, worms, logic bombs or other material that is malicious or harmful. You must not attempt to gain unauthorised access to Sportside or act in any way which would be a criminal offence under the Computer Misuse Act 1990.
6. CONNECTING WITH OTHER APP USERS
6.1 Sportside is designed to make it easy for you to find other like-minded individuals to arrange Events with. You can form groups and arrange Events with other App Users by following the instructions within the App.
6.2 As an App User, you are not entitled to provide paid services through Sportside or hold yourself out as being a professional provider of coaching or similar services. You must not in any circumstances make arrangements with any other App User who you have met through our service to provide a paid coaching or similar service to that individual or otherwise to act as a professional or expert coach for that App User.
6.3 The prohibition set out in paragraph 6.2 applies to any communication you have with that App User, whether through our App or outside the App (including to any contact you have with that App User in person), and extends to payments-in-kind (for example requesting that the App User provides services to you in return for you providing services to them).
6.4 When you choose to arrange an Event with another App User, you acknowledge that person may not be a professional provider of coaching services and is not offering you a paid service. Where a person is offering paid services through Sportside as a Partner, this will always be made clear.
6.5 It is your responsibility to ensure that any Event involving you and other App Users is carried out in a safe, sensible and lawful manner. If the Event is in a public location, please show respect for any other users of that location and obey any signs or warning notices which are displayed.
6.6 Virtual Classes
The Sportside App and Service is not to be used for offering virtual classes or any other online environment activity. As such Users must not advertise, offer either directly or in-directly, facilitate, operate or take payments for such virtual classes. Should a User come across another User offering these types of services they should contact us at firstname.lastname@example.org
6.7 What am I allowed or not allowed to post on the Sportside Platform?
6.7.1 You must use Sportside in good faith and in accordance with all applicable law. You are solely responsible for anything you write or post on Sportside and any interactions you have with other App Users and Partners. You must not post or send anything which includes, but is not limited to:
- Bullying someone or is intended to harass, scare or upset anyone;
- Deliberately designed to embarrass, provoke or antagonize people, including rude words;
- Encouraging dangerous or illegal activities or self-harm;
- Displaying obscene or pornographic material, including pictures of naked people, is sexually explicit or depicts graphic violence;
- Threatening of any kind, including threats of physical violence to yourself or others, or incites others to commit violent acts against themselves or others;
- Racism or discriminates based on someone’s race, religion, age, gender, disability or sexuality;
- Posting material which is defamatory or violates any third party’s rights, including breach of confidence, copyright, trademark, patent, trade secret, or any other intellectual property right;
- May cause any harm or damage to you or anyone else;
- Breach of privacy – When you post or upload anything on the platform, it may be seen or accessed by the general public (not just our Users).
- Otherwise breaches these Terms and Conditions of Use.
6.8 Leaving reviews
- i. Sportside offers you the ability to review and rate Coaches, Clubs and Events that you book through Sportside. Any reviews and ratings you submit may be made available for other App Users and our Partners to view via Sportside. All reviews and ratings must represent your honest and fair evaluation of a genuine experience.
- iii. We accept no responsibility for verifying the accuracy of any ratings or reviews posted. You should therefore treat any reviews or ratings submitted by our App Users with the degree of caution that is appropriate for unverified online reviews.
- iv. Sportside is not a party to any offline arrangements made through our Platform and makes no representations or warranties concerning the conduct or content of any Users or their interactions with you.
Tip – exercise common sense and good judgment when using our Platform and interacting with other members, both on our Platform and at Sportside events.
You may link to the Sportside App, provided that you acknowledge and agree that you will not link the Sportside App to any website containing any materal as set out in clause 6.4. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to our services immediately.
6.10 “Screen scraping,” “data scraping,” or “web scraping” – You agree that you will not, either directly or indirectly:
(b) engage in any activity that interferes with or disrupts, that is designed to interfere with or disrupt, or imposes undue burdens on the Service or its systems.
7.1 Sportside offers you the opportunity to interact with Partners in various ways, including making Bookings for Events.
7.2 Where you request to make a Booking, we will communicate this Booking request to the relevant Partner, and the Partner will let us know if it can accept your Booking.
7.3 By making a Booking request to us, you irrevocably authorise us to communicate that request to the Partner, and you acknowledge that the Partner’s acceptance of the Booking may form a legally binding agreement between you and the Partner
7.4 Your Booking will be governed by the Partner’s terms and conditions, including any applicable policies about changing or cancelling your Booking. These terms and conditions will be displayed when you place your Booking and you should read them carefully before confirming your Booking.
7.5 For your protection, we strongly recommend that you place all Bookings for Events through Sportside rather than seeking to make arrangements with the relevant Partner directly.
8. FEES AND PAYMENT
8.1 There is no charge to register for Sportside, download the App or use our service for personal use.
8.2 When you interact with a Partner, for example making a Booking or making a purchase through the Sports Marketplace, you may be required to make payment to that Partner.
8.3 Any payments you make in relation to our Service will not at any point be handled directly by Sportside. All payments are handled through our third-party payments partner, Stripe, and your ability to make payments to Partners is subject to your acceptance of Stripe’s terms and conditions.
8.4 If you have any issue with a payment, including any refund request, you should contact the relevant Partner (or Stripe) directly.
8.5 For your protection, you should not in any circumstances make payments to Partners through any method other than the Stripe service.
8.6 You represent and warrant that you are authorised to use the payment details associated with your Sportside Account. You authorize us (and our designated third-party payment processors) to charge your designated payment method for the total amount of any fees you owe to Sportside, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable to us, your payment may be suspended or cancelled.
8.7 Users who allow their subscription to lapse will have their account terminated. If we terminate, suspend, or remove your account in connection with violation of this Agreement, we are not obligated to refund any organizer subscription fees paid to Sportside. In addition, if you paid your organiser fees through the Sportside App for iOS, your payment is subject to the Apple Media Services Terms and Conditions, and you will need to submit your request for a refund to Apple.
8.8 Automatic Subscription Renewals. Fees for certain aspects of Sportside may be billed on either a recurring basis or on a one-time basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via the Platform with no refunds. We will automatically bill you for each renewal period until cancellation.
8.9 We may offer free trials of subscriptions and other products on our Platform. We will inform you of the length of the free trial, your renewal period, and the date and amount of your first payment. After your free trial ends, your paid subscription will begin and we will automatically bill you for each renewal period until cancellation. You can cancel automatic subscription renewals at any time. Furthermore, you are entitled to cancel with a full refund within 14 days after signing up to our Service by emailing us at email@example.com. Please note that the 14-day period begins when the free trial starts.
9.1 Physical Encounters
Using our Platform involves meeting real people and doing real things in the real world, which can sometimes lead to unexpected situations. We can’t control what happens in the real world, and we are not responsible for it.
9.2 Users must exercise common sense and good judgement when interacting with others via the Sportside Service. For their own safety, Users must make all reasonable enquiries and exercise all appropriate caution before meeting anyone through Sportside or before attending at an Event. This could include letting someone know where you are, what you are doing and what time you are expected to return.
9.3 Pre-existing health problems
We do not ask you to provide details of any pre-existing health problems that you may have. You should however consider your own health and fitness before taking part in any Activity. Any physical activity carries risks, particularly if you have pre-existing health problems, are inexperienced or over-exert yourself. Know your limitations and If you have any concerns about your health and fitness you should consult a medical professional before you arrange to participate in an Activity.
9.4 Where participating in an Activity, you should ensure that you are wearing suitable clothing and have suitable equipment, taking into account all applicable circumstances such as the weather, location at which the Activity is taking place and intended length and intensity of the Activity. If you have any concerns at any time during the Activity, you should stop immediately and, if appropriate, seek advice from a medical professional before arranging another Activity.
9.5 If you have arranged an Activity with a Partner, you should:
a). let the Partner know of any medical conditions or other health concerns or issues that may affect your participation in the Activity prior to commencing the Activity; and
b). follow all instructions and guidance given by the Partner and its representatives.
9.6 We may from time to time offer guidance, tips, comment or similar on sport, exercise and related topics. However, any guidance that we give is intended solely for general reference and should not be relied upon as being appropriate for your specific situation.
Due to COVID-19, there are government restrictions in place which may affect your sporting activities, please check www.gov.uk to follow the latest guidelines in your area. It is the your responsibility to ensure that you are complying with the law.
Furthermore, you must not attend any Activity or Event arranged via Sportside if you are displaying Covid-19 symptoms, are self isolation or cannot comply with government advice including social distancing and wearing a face mask where necessary. Sportside are not liable for any financial loss suffered as a result of any Activity or Event cancelled or delayed due to Covid-19 restrictions.
10. OUR LIABILITY
10.1 The only service that we that we are providing to you is an online platform to facilitate connections between you, other App Users and our Partners. We do not ourselves offer or provide:
- 10.1.1 Events or other similar services;
- 10.1.2 any items offered for sale through the Sports Marketplace; or
- 10.1.3 any promotions or discounts which you can redeem through the Loyalty Card.
10.2 Our Partners are directly responsible to you for any products, services, vouchers, promotions or discounts that they provide to you through Sportside, and you must raise any issue you experience with any of these offerings directly with the relevant Partner.
10.3 You agree that you will not seek to bring any claim against us in respect of the actions or omissions of any other App User or Partner, including the failure of a Partner to fulfil a Booking, anything which may happen during an Event, any issues with items purchased through the Sports Marketplace or any promotions or discounts which you seek to redeem through the Loyalty Card.
10.4 We use the term “Partners” to mean individuals and entities which we have permitted to offer products, services, vouchers, promotions and discounts through Sportside. We are not carrying out business in partnership with these Partners within the meaning of the Partnership Act 1890 and do not have joint and several liability with them.
10.5 Although we reserve the right to remove Partners who break our rules, the inclusion of a Partner on Sportside does not mean that we have carried out any checks on them or endorse or recommend them in any way unless we specifically state otherwise.
10.6 Where we do give an explicit indication that we have carried out checks on a Partner (for example a tick mark to show that a Coach has undergone CCJ / DBS checks), this represents that we have checked the relevant paperwork and it appears to be current, genuine and valid.
10.7 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable (Losses), arising under or in connection with:
- 10.7.1 your failure to comply with these terms or otherwise using Sportside (including the App or Website) in a manner or for a purpose other than for which it was intended;
- 10.7.2 the unavailability of Sportside (including the App or Website); or
- 10.7.3 any events outside our reasonable control.
10.8 Where we are liable for Losses then, except in the circumstances described in paragraph 10.9 our liability for Losses will not exceed £1,000.
10.9 Nothing in this paragraph 10 excludes or limits in any way our liability to you in circumstances where it is unlawful to do so, for example for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation, nor does it in any way restrict any legal rights granted to you by applicable consumer law.
12.1 Disputes with other App Users
- 12.1.1 You should avoid becoming involved in disputes with other App Users. If any issue does arise between you and another App User, we suggest that you end communication with that App User.
- 12.1.2 It is important to be aware that any arrangements that you make with other App Users are not legally binding and you would therefore not usually have a legal remedy if that App User failed to comply with the arrangements you made, for example by failing to attend at the agreed location. However, if you do become involved in a legal dispute with another App User, or consider that you have some form of legal claim against that App User, we strongly advise that you take independent legal advice. Any dispute with another App User will be a private matter between you and the App User and we cannot usually become involved.
- 12.1.3 However, if the conduct of another App User leads you to believe that the App User has breached these terms and conditions or otherwise causes you a concern that you believe we may wish to be aware of, please report your concern to us through the App. We will consider in each case what action it is appropriate to take, if any, as a result of the concern you have raised.
12.2 Disputes with Partners
- 12.2.1 If any dispute arises between you and a Partner, you should attempt to resolve this dispute amicably directly with the Partner.
- 12.2.2 We hope that disputes between Partners and App Users will be rare, and that where a dispute does arise this will be capable of amicable resolution. For example, the Stripe service enables Partners to make full or partial refunds to you in appropriate circumstances.
- 12.2.3 If you have any concerns about the conduct of a Partner and you are unable to resolve these concerns directly with the Partner you should report your concern to us. We will consider in each case what action, if any, is appropriate to take as a result.
- 12.2.4 Please be aware that we cannot usually become involved in and cannot resolve any dispute between you and a Partner. If notwithstanding this we do become involved in a dispute because:
a) we are required to do so by a court order or other legal obligation; or
b) we feel it appropriate to do so to protect our interests or Sportside’s reputation, you will be required (jointly with the Partner) to reimburse us for any costs and expenses (including legal fees) we incur as a result of our involvement.
12.3 Disputes with us
- 12.3.1 We hope that you will be satisfied with the service that we provide to you. If you do have any issues with Sportside or the Web Platform please let us know and we will do our best to resolve them informally.
- 12.3.2 In the event that we cannot resolve the issue informally then either you or we may have recourse to the courts as described in Paragraph 13.9.
13.1 We may revise these terms and conditions from time to time on not less than 30 days’ written notice to you. We will make any revised terms and conditions available to view via the App and Website. If the changes are unacceptable to you then you should close your account before they take effect. Otherwise your continued use of Sportside will be considered your acceptance of the revised terms.
13.2 We and you agree that neither of us will have any remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
13.3 The failure or delay of us or you to enforce or to exercise, at any time or for any period of time, any term of or any right, power or privilege arising pursuant to these terms does not constitute and will not be construed as a waiver of that term or right, remedy, power or privilege and will in no way affect our or your right later to enforce or exercise it, nor will any single or partial exercise of any right, remedy, power or privilege preclude any further exercise of the same or the exercise of any other remedy, right, power or privilege.
13.4 The invalidity or unenforceability of any provision of or any part of a provision of or any right arising pursuant to these terms will not in any way affect the remaining provisions or rights, which will be construed as if such invalid or unenforceable part did not exist.
13.5 Your account is specific to you and neither your account nor any of your rights or obligations under these terms may be assigned, transferred, sub-contracted or otherwise parted with without our prior written consent.
13.6 Nothing in these terms is intended to, or will be deemed to, establish any partnership or joint venture between either of us or you, constitute either of us or you the agent of another, or authorise us or you to make or enter into any commitments for or on behalf of the other.
13.7 Nothing in these terms will confer any rights upon any person who is not a party to it, whether under the Contracts (Rights of Third Parties) Act 1999, or otherwise.
13.8 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Sportside is intended or created by this Agreement. A member of the Sportside Platform is not Sportside’s representative or agent, and may not enter into an agreement on Sportside’s behalf.
13.9 These terms (including any associated non-contractual disputes or claims) are governed by English law and we and you each hereby accept the exclusive jurisdiction of the English courts in relation to any dispute arising under or in connection with this agreement.
Last Upated 16 November, 2020