Terms and Conditions

PLEASE READ THESE LICENCE TERMS CAREFULLY 

BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU,  IN YOUR PERSONAL CAPACITY AND AS THE PARENT OR GUARDIAN OF THE CHILD IDENTIFIED   

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW. 

Who we are and what this agreement does 

We are Sporting Minds Limited (trading as XLinSport) (Co. No. 11457874), with our registered office address at 64 Baker Street, London, W1U 7GB (“we”). 

You are the parent or guardian (“you”) of a child who is a member of the football team or club (the “Player”) who wishes to use the XLinSport football mobile application software (the “App”). You are being required to commit to these terms and conditions regarding the use of the App because the Player is under the age of 18. 

Where in these terms we refer to “you” that includes the parent or guardian and the Player, but the App can only be used by the Player. 

The “Coach” is the individual or club who or which provides football training to the Player. We take all reasonable steps to establish that a Coach has a current DBS (disclosure and barring service) check and the latest coaching certificate. 

We license the Player to use: 

• The App and any updates or supplements to it. 
• The related online documentation (Documentation). 
• The service you connect to via the App and the content we provide to you through it (Service). 

as permitted in these terms. 

Your privacy 

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in [LINK TO PRIVACY NOTICE] and it is important that you read that information.  

Apple App Store and Google Play Store terms also apply 

The ways in which you can use the App and Documentation may also be controlled by the Apple App Store and Google Play Store own policies and rules. Their rules and policies will apply on top of the terms and rules dictated by XL in Sport. 

Operating system requirements 

This application is compatible with desktop computers, laptops, mobile devices and handheld devices. It is necessary to have a device with ample memory capacity, as well as an up-to-date operating system. Access to the application is controlled by the App Store, your phone must meet the operating requirements presented by the app store at the time of download. 

Support for the App and how to tell us about problems 

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://support@xlinsport.com.  

Contacting us (including with complaints). If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@xllinsport.com 

How we will communicate with you. If we have to contact you we will do so by email, by SMS, email or by pre-paid post, using the contact details you have provided to us. You can opt out of any SMS communication at any point by responding STOP. 

Our fees. 

Use of the App is subject to the payment in advance of a monthly fee. The monthly fee is shown with the Billing area of the XL in Sport platform. Please arrange payment at the latest by the end of the calendar month immediately preceding the calendar month when the Player will start to use the App and each subsequent calendar month. 

If you fail to pay a monthly fee when due, we reserve the right to suspend the Player’s use of the App and your licence. If within 7 days of such suspension, we have not received the monthly fee, we reserve the right to terminate the licence to use the App with immediate effect. 

We reserve the right to increase the fee on giving not less than 30 days’ notice to you. 

How the App may be used and on what device 

In return for your agreeing to comply with these terms the Player may: 

• use any Documentation to support permitted use of the App and the Service; and 
• receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you. 

You must be 18 to accept these terms and take a licence of the App 

You must be 18 or over to accept these terms and take a licence of the App.   

You may not transfer the App to someone else 

We are giving the Player, for whom you are the parent or guardian, personally the right to use the App and the Service as set out above. You must not (and will procure that the Player does not)  transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell (or the Player sells) any device on which the App is installed, you must remove (or will procure that the Player removes) the App from it. 

Changes to these terms 

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.  

We will give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.  

If you do not accept the notified changes the Player may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available. 

Update to the App and changes to the Service 

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.  

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service.  

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and] match the description of it provided to you when you bought it. 

If someone else owns the phone or device you are using 

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.  

We are not responsible for other websites you link to 

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).  

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.  

Licence restrictions 

You agree that you will (and will procure that the Player will): 

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person other than the Player without prior written consent from us; 
• not copy the App, Documentation or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; 
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these terms; 
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities: 
• is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and 
• is not used to create any software that is substantially similar in its expression to the App; 

• is kept secure; and 
• is used only for the Permitted Objective; 
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service. 

Acceptable use restrictions 

You must (and will procure that the Player does):  

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system; 
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms); 
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; 
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and 
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service. 

Intellectual property rights 

All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you or the Player. Neither you nor the Player have any intellectual property rights in, or to, the App, the Documentation or the Service other than the right to use them in accordance with these terms. 

Consent to Use Videos 

The App allows the creation of videos of the Player completing football training routines and drills. Such videos will be forwarded to you as the parent or guardian of the Player for you to confirm that they are appropriate for uploading and can be forwarded to the Coach, solely for the purpose of providing feedback via the App. .If you confirm your consent, subject to the text in the section “Our responsibility for loss or damage suffered by you” ,we will not have any liability to you or the Player. If you do not confirm your consent the video will not be forwarded to the Coach. 

Publicity 

We would like to use footage of Players uploaded to the App and photographs for promotional purposes and on social media. However, we will ask for your specific permission to include images of your Player in promotional material and on social media and will not use such footage or photographs without such permission. 

Our responsibility for loss or damage suffered by you 

We are responsible to you and the Player for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you or the Player suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. 

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

Limitations to the App and the Service. The App and the Service are provided for general information and guidance. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. 

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service. 

Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your Player’s individual requirements. Please check that the facilities and functions of the App and the Service (as described on the appstore site and in the Documentation) meet your and your Player’s requirements. 

We are not responsible for events outside our reasonable control. If our provision of the App or Service or support for the App or the Service is delayed by an event outside our  reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Service you have paid for but not received. 

We may end your rights to use the App and the Services if you break these terms 

We may end your rights to use the App and Service at any time by contacting you if you or the Player have broken these terms in a serious way. If what you have (or the Player has) done can be put right we will give you a reasonable opportunity to do so. 

If we end your and the Player’s rights to use the App and Service: 

• You must stop all activities authorised by these terms, including your use of the App and any Service (and will procure that the Player does so). 
• You must delete or remove (and will procure that the Player deletes or removes) the App from all devices in your or the Player’s possession and immediately destroy all copies of the App which you have or the Player has and confirm to us that you have done this. 
• We may remotely access your devices and remove the App from them and cease providing you with access to the Service. 

We may transfer this agreement to someone else 

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.  

You need our consent to transfer your rights to someone else 

You may only transfer your rights or your obligations under these terms to another person if we agree in writing. 

No rights for third parties 

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. 

If a court finds part of this contract illegal, the rest will continue in force 

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

Even if we delay in enforcing this contract, we can still enforce it later 

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

Which laws apply to this contract and where you may bring legal proceedings 

These terms are governed by English law and you can bring legal proceedings in respect of the App or Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the App or Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the App or Service in either the Northern Irish or the English courts. 

Alternative dispute resolution 

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Consumer Arbitration (Consumer Disputes Resolution Ltd) via their website at www.cdrl.org.uk/consumer-arbitration/ Consumer Arbitration will only charge you a nominal fee for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. 

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