‘TeamSponsor’ is a trading name of TeamSponsor Limited, a company registered in England & Wales under company number 7269232 having its registered office at Fen House, Ipswich Road, Brantham, Suffolk, CO11 1NP and that company has the rights to the websites appearing at the domain name ‘www.TeamSponsor.co.uk’ and ‘www.Teamsponsor.org.uk’.
You may use the ‘TeamSponsor’ websites and any facilities made available through it if you agree to abide by these terms and conditions.
THE TERMS AND CONDITIONS OF USE OF THE TEAMSPONSOR SCHEME
1. Meanings of certain words or expressions
“Account” means the record of transactions for a Sports Person, or group of Sports Persons which is accessible on the Website
“Application” means an application to TS made by a person who wishes to Register a Sports Person or who wishes to Register as a Supporter and which is made in the approved or prescribed form;
“Applicant” means a person applying to Register a Sports Person;
“Click Through” means when a person, automated script, or computer program activates a link which is displayed on a Participant’s advert or logo which appears as displayed within the Website;
“Content” means all writing, images, photographs, text, designs, symbols or information in whatever format including computer files capable of reproducing moving images or capable of reproducing sound which is accessible on the Web Site;
“Contract” means a legal agreement between two parties for the purchase by one of goods or services from the other where that other is a Participant;
"Customer" means the person, firm or corporation who has entered into any form of Contract;
“Data” means any Personal Data as defined by the Data Protection Act 1998;
"TS" means Team Sponsor Limited, registered in England under number 7269232;
“TeamSponsor Scheme” is the term summarising the scheme of arrangements carried on by TS described in these Terms and Conditions;
“Sports Person” means a sports participant who is involved with a sport in either a professional or amateur capacity.;
"Participant" means the person firm or company whose goods and / or services are made available for sale or sponsorship to Visitors to the Website and who may enter into a Contract with a Visitor;
“Personal Information” means any Data and / or other information of any nature which is contained in any Application or is otherwise made available by any Applicant to TS;
“Register” means the process of submitting an Application to TS;
“Registered” shall describe a Supporter or Sports Person as the case may be whose Application has been accepted by TS;
“Terms and Conditions” means these terms and conditions;
“Supporter” means a person who is accepted by TS to be a user of the ‘TeamSponsor’ Website;
“Visit” means a single occasion whereby a web browser program is caused to send data to the computer server or servers upon which the Website is hosted;
“Visitor” means a person who initiates a “visit” to the Website
“Website” means the web pages of the websites accessible via the Internet, cell phone or a Local Area Network at www.TeamSponsor.co.uk’;
“We”, “Us” or “Our” are all references to the Company, TS.
2. Donations and Applications to Register
2.1 By means of the Websites, TS provides a service to Participants by acting as an introducer of prospective Customers. No Visitor to the TS Website is required to pay for the use of it. Therefore all Visitors may use the Website for so long as they adhere to these Terms and Conditions.
2.2 TS receives commission from certain Participants in the TeamSponsor Scheme in exchange for the facilities that TS offers to them. Any payment then made by a Participant to TS under such an agreement will be referred to as the “Service Charge”. We are willing to donate a proportion of any Service Charge received by Us (“the Donation”) to a Sports Person provided that the Sports Person is properly Registered with Us under these Terms and Conditions.
2.3 Where in the course of any single visit to the Website and before conducting an online search for goods or services a Supporter has selected a Sports Person on the TeamSponsor Website (the “Selected Sports Person”) then each purchase made by that Supporter from a Participant will commonly create an obligation on the part of that Participant to pay a Service Charge.
2.4 Subject to the conditions in clause 2.5, We undertake to credit the Donation to the Selected Sports Person’s account before the expiry of the yearly quarter end next following the month in which the Service Charge is received by Us.
2.5 TS will only pay the Donation:
2.5.1 following receipt of the Service Charge or receipt of the entire amount owing under any sponsorship as the case may be; and
2.5.2 that the Supporter has not breached any of these Terms and Conditions or whose access to the Website has been suspended or terminated under clause 3.6 below.
2.6 TS will be under no obligation to any party for the activities of any Visitor to the Website.
3.1 In order to become a Supporter of the TeamSponsor Scheme, you must complete Our Registration process by making an Application and then be accepted by Us as a Supporter. You will be required to provide certain information and you promise to Us that you have provided Us with accurate and complete information in the completion of that process and that you are at least 18 years of age and have permanent residence in the UK.
3.2 We may accept your Application for Registration but We are under no obligation to do so. No person may make more than one Application to become a Supporter.
3.3 Our system will be able to identify the internet browser on the computer that you have used to Register as a Supporter. You undertake all responsibility for any use of that computer on Our Website, whether or not that use is authorised by you.
3.4 We reserve the right to suspend or terminate your access to the Website immediately and without notice as We may see fit when:
3.4.1 a user of your computer has breached any of the terms and conditions in clause 7; or
3.4.2 any Personal Information given in any Application is inaccurate or misleading or the Personal Information has been repeated in another Application.
3.5 We also reserve the right, at Our discretion, to make changes to any part of the Website even if such changes do materially reduce the content or functionality of the Website.
3.6 Each Application for Registration as a Supporter may only be an Application by and for a single individual, being the person whose details are given in the Registration process. By completing Registration, you are making a promise to TS that you are the person identified in the Registration and that your details are correct.
3.7 It is your responsibility to keep Us informed of any changes to that information (including your email address) by emailing Us at info@TeamSponsor.co.uk. Changes for this purpose will include changing your selected Sports Person.
4. Sports Persons
4.1 A Sports Person may not be an individual acting on his own behalf although we may accept Registration from an individual who intends to benefit a charity or other Sports Person by his actions. A Sports Person must be a Registered Sports Person in order to become eligible to receive Donations and can only become Registered if represented by a person (whether that representative is the Applicant or not) who is 18 years of age or older. At time of Application, the Sports Person must also have an active bank account in its own name for receipt of any Donations.
4.2 A Sports Person should only Register with Us once and any repeat Registration of the same Sports Person or any further Application for a Registered Sports Person may be terminated or rejected at Our discretion.
4.3 TS may accept an Application to Register a Sports Person but is under no obligation to do so. TS may refuse, in its absolute discretion, to accept Registration of a Sports Person on any grounds whatsoever and will have no obligation or liability to any Applicant or any other individual or Sports Person for which the Application for Registration was being made for any damages, losses or other consequences, whether arising directly or indirectly from such refusal.
4.4 TS may refuse to disclose the basis upon which any decision to refuse Registration of a Sports Person was made.
4.5 Because a Sports Person may include unincorporated associations or other non-corporate bodies, it is understood and accepted that applications for Registration will be made by an individual Applicant whether acting on his own behalf or on behalf of the Sports Person. That Applicant may have a direct or indirect interest in the Sports Person or no connection with or interest in the Sports Person at all.
4.6 The Applicant warrants to TS that the information he gives to TS in the Application for Registration of a Sports Person is true and accurate and he undertakes to indemnify TS against any loss or damages of any nature, howsoever incurred, to any person, incorporated or unincorporated body or association resulting from the acceptance by TS of that Sports Person for Registration. The Applicant, by making the Application now agrees to indemnify and hold TS, its officers, agents, and employees, harmless from any claim for loss or damages, including reasonable legal fees, arising or accruing to any party because of the Applicant’s making of the Application or from any breach by the Applicant of these Terms and Conditions.
4.7 TS shall have no duty or responsibility to:
4.7.1 investigate or ascertain whether the Applicant is authorised, empowered or otherwise representing the Sports Person for which Application is being made;
4.7.2 ascertain whether the Applicant is acting under any permission or authority of the Sports Person whatsoever;
4.7.3 investigate or ascertain whether the Sports Person (as described by the Applicant) exists in the terms described or at all.
4.8 It is a pre-condition of these Terms and Conditions that Registration of a Sports Person must first be accepted by TS before TS comes under any sort of liability to that Sports Person. Decisions on whether an Application for Registration is accepted by TS will be made within 5 working days of the application for Registration being received and an email notification will be despatched to the Applicant with the result (“Notification”).
4.9 Once Notification is made, TS undertakes to the Sports Person that within 24 hours of Notification, Supporters may utilise the Website to generate Donations to that Sports Person and that TS will come under an obligation to forward Donations to the Sports Person in accordance with clause 2.4 above.
4.10 An Applicant may also be a Supporter or may become a Supporter.
5. Terminating a Sports Person
5.1 TS reserves the right to suspend or terminate any of its obligations to a Sports Person and access by the Applicant to the Website immediately and without notice, either temporarily or permanently, as TS may see fit.
5.2 Further and in addition to clause 5.1, TS may end any agreement as may exist between a Sports Person and itself in circumstances where a user of your computer has breached any of these Terms and Conditions.
5.3 Immediately on terminating or suspending a Sports Person, We shall send a notice by email of termination to the person that has been notified to Us as the contact for the Sports Person and if there has been no such notification, then to the Applicant.
5.4 From the time and date of sending a notice under 5.3 and subject to 5.5, the Sports Person shall continue to be entitled to be paid any Donations arising from a Service Charge that has become payable prior to the sending of the notice unless in the case of suspension of a Sports Person, until We have notified the Sports Person by email that the suspension is to be ended.
5.5 We shall be entitled:
5.5.1 to deduct from any Donation as may be payable by Us under clause 5.4;
(a) any amount which is equivalent to any sums then owing to Us by a Sports Person; or
(b) any amount forming part of any Service Charge that We believe with good and reasonable cause that resulted from an act of fraud.
5.5.2 to notify any party or relevant authority of such information as We may possess concerning the user of a computer that We reasonably believe has committed any fraud.
6. Relationship of Supporters and Visitors to Participants
6.1 If you are a Supporter or a Visitor to the Website who then visits the website of a Participant or other party by clicking on a link on Our Website, apart from any obligation as may exist in respect of a Donation, TS have no obligation to you in such circumstances. Should you become a Customer under any Contract with a Participant, then this shall represent a private agreement between yourself and the Participant under which We shall have no responsibilities or liability of any sort.
6.2 TS makes no representations whatsoever about any other websites which you may access through Our Website. When you access any other website you understand that it is independent from TS and that We have no control over the content or availability of that website. In addition, a link to any other website does not mean that TS endorses or accepts any responsibility for the content, or the use of, such a website 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 website administrator or web master.
6.3 No Visitor to the Websites, no Supporter or Sports Person has any right to communicate with any Participant or intermediary concerning the content or nature of any private agreement of Ours concerning such Participant. Any attempt to do so will be a breach of these Terms and Conditions.
7. Information appearing on the Websites
7.1 Most of the Content in the Website is owned by TS or is the intellectual property of third parties. For example, the advertisements of Participants are used by TS under licence from those parties. From time to time we may display other third party material on the Websites (“Third Party Content”). All Content is protected by copyright and / or database rights throughout the world subject to the laws of England & Wales. The Content will be subject to the restrictions in clause 7.2.
7.2 Subject to clause 7.3, you may:
7.1.1 retrieve and display the Content on a computer screen;
7.1.2 print individual pages on paper and store such pages in electronic form on disk and on your PC (but not on any other server or other storage device connected to an external network).
7.3 You may not (without contacting Us to obtain prior written permission):
7.3.1 redistribute or publish in any medium any Content (including by using it as part of any blog, newsletter, library, archive or similar service);
7.3.2 remove the copyright or trade mark notice from any copies of Content made under this Agreement;
7.3.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or
7.3.4 except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.
7.4 TS also reserves the right, at its discretion, to make changes to any part of the Website even if such changes do materially reduce the content or functionality of the Website.
7.5 Because of the number of sources from which We obtain Content and because of the nature of the Internet and archived information, errors and omissions do occur and We do not give any other warranties in respect of the Content. In particular, We cannot and do not warrant:
7.5.1 the accuracy of any information in the Content;
7.5.2 that the Websites or any webpages accessible through them is free from infection by viruses or anything else that has contaminating or destructive properties.
7.6 The Websites contain links to other web sites, adverts and resources, either directly or through frames and links allowing material from other web sites to be displayed or otherwise operate within the Websites, such as RSS links. Where possible, We will make clear where such links are being made but third parties provide these other sites or adverts and We are not responsible and shall not be liable for the availability or content of their material and resources.
7.7 Any views expressed or implied on the Website are not necessarily those of TS or anyone connected with it.
8.1 We shall, subject to these Terms and Conditions, use all reasonable skill and care in making the TeamSponsor Scheme available to you and any Sports Persons.
8.2 The manner in which the TeamSponsor Scheme is provided may change from time to time and We reserve the right to change the TeamSponsor Scheme with or without notice to you.
8.3 We do not warrant or guarantee in any way the continued or proper functioning of the Websites and in any event We shall not be liable for any loss or damage, howsoever caused, directly or indirectly by circumstances beyond Our reasonable control and which prevents Us from performing Our obligations to you and any Sports Persons.
8.4 Further to the foregoing, by making any Application, or in seeking to become a Registered Supporter or Registered Sports Person, you agree that Our liability, whether arising under any contract or duty existing by reason of the making of any Application or from any Registration as a Supporter or Sports Person, shall be limited or excluded as follows:
8.4.1 We shall have no liability under any Contract made with a Participant;
8.4.2 We shall have no liability at all to any Sports Person save for the obligation to make payment of any Donation in accordance with the provisions appearing in clause 2;
8.4.3 other than any obligations arising by operation of the law (and all implied warranties are excluded from to the extent that they may be excluded as a matter of law to the fullest extent permissible) We shall have no liability to any Applicant or Supporter.
8.5 Nothing in these terms and conditions shall be construed as limiting or excluding any non-excludable statutory rights of a consumer nor any liability arising from death or personal injury to persons caused by the negligence of TS, or for fraudulent misrepresentation by TS or any employee or agent of TS, upon which liability there shall be no limit.
8.6 You, the Sports Person, Applicant, Visitor or Supporter, shall indemnify Us against any loss or damages, expenses, claims or penalties that We may incur or suffer resulting from any breach by You of any of these Terms and Conditions.
9. Miscellaneous Provisions
9.1 These Terms and Conditions will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the relationship between TS and any Applicant, Supporter or Sports Person.
9.2 We may alter these Terms and Conditions from time to time in which case any subsequent use by you of the Website or the TeamSponsor Scheme will be subject to those Terms and Conditions as altered.
9.3 These Terms and Conditions and (where it is the case) any Application, legal notice or additional terms that may be published by Us on the Website from time to time shall constitute the entire agreement between Us and shall govern your use of the Website.
9.4 Should We choose not to exercise or enforce any legal right or remedy which is contained in these Terms and Conditions or to which We are entitled under any applicable law, then this does not amount to a formal waiver of Our rights and We will retain such rights and the right to pursue any remedy.
9.5 Should any court of law, having the jurisdiction to decide on this matter, find any provision of these Terms and Conditions to be invalid, then such provision will be regarded as removed without affecting the validity or enforceability of the rest of the Terms and Conditions.
9.6 It is not intended that any rights will exist or accumulate to any party other than as expressly stated in these terms and conditions and the Contracts (Rights of Third Parties) Act 1999 is hereby excluded from having any application.