TERMS AND CONDITIONS OF USE
- About Us
- Hello and welcome to Soccerment. We are a subscription service that provides subscribers with access to data analytics, infographics and algorithmic valuations of the performance of football players and teams.
- The Soccerment Analytics Service is provided to you by Soccerment (“We", "Us"). We (and not a third-party payment provider) are solely responsible for the provision of the Soccerment Analytics Service and application.
- We provide access to data analytics, infographics and algorithmic valuations of the performance of football players and teams (collectively "Content"). The Content is usually subject to certain restrictions (including, but not limited to, certain territorial restrictions). You will be able to access and enjoy the Soccerment Analytics Service within any country where the Soccerment Analytics Service is available although the Content (and the language it is available in) will vary from territory to territory.
- Please read these Terms and Conditions of Use ("Conditions") before subscribing to the Soccerment Analytics Service. For the avoidance of doubt, any offers, promotions or discounts that you may receive may be subject to additional terms and conditions which either supersede or supplement these Conditions. In the event of a conflict between these Conditions and the additional terms and conditions, the additional terms and conditions shall prevail.
- We may modify these Conditions, including, by way of example only, due to a change to applicable law or to ensure better functionality of the Soccerment Analytics Service, provided that the overall subscription structure of the Soccerment Analytics Service as a whole will not be changed to your disadvantage (subject to Section 4.8). Revisions to these Conditions will be notified to you by us via email notice to the most recent email address we hold for you at least 30 days prior to their entry into force. Any changes to our payment terms will also be notified to you directly by email. These email notifications will clearly summarize any changes to these Conditions and clarify that you have thirty (30) days from the date of the notification to cancel your contract if you do not accept the revised Conditions. You will be deemed to have accepted these modified Conditions if you do not communicate your cancellation in accordance with the terms set out herein.
- The Soccerment Analytics Service and any content viewed through the Soccerment Analytics Service are for your personal and non-commercial use only. When you are a Soccerment Analytics Service subscriber, we grant you a limited, non-exclusive, non-transferable, licence to access the Soccerment Analytics Service and to view the Content on a streaming-only basis. Except for the foregoing limited licence, no right, title, or interest shall be transferred to you. You agree not to use the Soccerment Analytics Service for public performances.
- Your subscription with us is conditional on any required payment due from time to time being authorised by your supported payment provider or your subscription code or promotional code being valid (if applicable) and is at all times subject to these Conditions. For the avoidance of doubt, payment will only be accepted from a payment provider based in the territory from which you wish to sign up to the Soccerment Analytics Service.
- You agree that we may share information with third party rights holders in relation to the Content which is viewed by you when using the Soccerment Analytics Service. Such information shall be shared on an anonymous basis.
- We may terminate our agreement with you at any time with sixty (60) days’ prior notice via email to the end of the current subscription period. Our right to terminate the agreement for cause in accordance with Section 8.2 shall remain unaffected. If we terminate your agreement with us other than as a result of your breach, you may be entitled to receive a pro-rata refund of any amounts you have pre-paid for the Soccerment Analytics Service.
- Free Trial Period
- If you are lucky enough to be offered a free trial of the Soccerment Analytics Service, any free trial period will be specified to you during the sign-up process. We may provide offers and discounts in respect of the Soccerment Analytics Service at any time. Such offers may not apply to your individual account.
- Your Payment Method (as defined below) will be billed for your monthly subscription fee at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period. To view the monthly subscription price and the end date of your free trial period, visit our website and click on the "Settings" page. If you signed up for the Soccerment Analytics Service using your account with a third party as a Payment Method, you may need to cancel your subscription in accordance with Section 5.2.
- The Financials
- You are fully responsible for all charges relating to and equipment required for use of the Soccerment Analytics Service.
- Your subscription will only cover access to the Soccerment Analytics Service. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider. All our prices are inclusive of tax (VAT/ MwSt / CT or any similar tax in any other territory or jurisdiction) at the rates in force from time to time.
- Payment must be made by credit card or through another current, valid, accepted method of payment including supported third party payment providers (“Payment Method”). You confirm that any such Payment Method that you use is yours, or that you have the authorisation of the card or account holder to use it. All accounts and Payment Methods are subject to validation checks and authorisation by the Payment Method provider. If your Payment Method is refused then you will not be granted access to the Soccerment Analytics Service until a validated Payment Method is provided by you and approved by us.
For some Payment Methods, the issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
- We reserve the right to refuse payments at our reasonable discretion.
- The fee to be paid for use of the Soccerment Analytics Service will be billed on a monthly basis to your chosen Payment Method on the calendar day corresponding to the commencement of your paid subscription or as otherwise specified by the issuer of your Payment Method. In some cases, the date for billing may change, for example if your subscription began on a day not contained in a given month. Where we process your payment, we will process your payment on a secure site.
- You can view your next payment date and change your method of payment by visiting our website and clicking on the "Settings" link, or by doing so through our app. If you signed up for the Soccerment Analytics Service using your account with a third party as a Payment Method, you may need to visit your account with the applicable third party to view payment information and change your method of payment.
- Subject to the notice requirements at Section 2.3 above, we may change our service plans from time to time, provided that the changes are reasonably tolerable for you.
- We reserve the right to increase the price for the Soccerment Analytics Service due to changing market conditions, significant increases in our costs for procuring or providing the Soccerment Analytics Service or in the event of VAT or any similar tax. In accordance with Section 2.3, any price increases shall apply at the earliest after thirty (30) days as of our e-mail notification to your most recently registered e-mail address.
- In some instances, you may be offered the opportunity to suspend your subscription to the Soccerment Analytics Service for a limited period by logging in to the “Settings” page. Where you have opted to suspend your subscription, your subscription will automatically restart at the end of such period on the date specified on the “Settings” page. On restart, the monthly fee will be payable, and your chosen Payment Method will be billed on the calendar day corresponding to the recommencement of your paid subscription (or as otherwise specified by the issuer of your Payment Method). In some cases, the date for billing may change, for example if your subscription began on a day not contained in a subsequent month.
- Termination by You
- You may cancel your subscription to the Soccerment Analytics Services by logging in on the “Settings” page and clicking on the "Cancel Membership" button. You may cancel your subscription to the Soccerment Analytics Service at any time prior to the expiry of your subscription period, but you will continue to have access to the Soccerment Analytics Services for the duration of the contractually agreed period. Subject to Section 6.1, any charged fees already paid will not be refunded in case of your cancellation.
- If you signed up for the Soccerment Analytics Service using your account with a third party as a Payment Method and wish to cancel your subscription to the Soccerment Analytics Service, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Soccerment Analytics Service through that third party. You may also find additional billing information about your subscription to the Soccerment Analytics Service by visiting your account with the applicable third party.
- Exercise of the Right of Withdrawal
Subject to Section 6.2, you will have the right to withdraw from the contract without giving any reason within fourteen (14) days from the day of conclusion of the contract. In order to exercise your right of withdrawal, please send an email to email@example.com. If you signed up for the Soccerment Analytics Service using your account with a third party as a Payment Method and wish to withdraw your subscription to the Soccerment Analytics Service, you may need to do so through such third party.
- Consequences of the Exercise of the Right of Withdrawal
If you withdraw from the contract in accordance with Section 6, we will refund all payments which we have received from you, immediately and no later than fourteen (14) days after receipt of your notice of withdrawal. For the refund we use the same method of payment that you have used for the original transaction, unless otherwise agreed with you; in no event, we will charge a refund fee.
- Expiration of the Right of Withdrawal
The right of withdrawal expires if we began with the performance of the contract after you (i) have expressly consented to us beginning with the performance of the contract prior to expiry of the period in which you may exercise the right of withdrawal, and (ii) have acknowledged that by your consent, you would lose the possibility to exert your right to withdraw from the contract upon the performance of the contract having commenced. For the avoidance of doubt, you hereby consent to immediate performance of the contract and acknowledge that you will lose your right of withdrawal from the contract once the download or streaming of the digital content has begun.
- Technical Requirements
- You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Soccerment Analytics Service.
- We will use our reasonable endeavours to ensure that the Soccerment Analytics Service is made available to you at all times. However, the Soccerment Analytics Service is provided on an "as is" basis. Except within the boundaries of Sections 7.4 and 12 below, we will not have any liability to you for the cancellation or abandonment of any event or the failure to show any event as scheduled or advertised, nor where you are unable to watch any event on any specific platform device.
- From time to time we may need to suspend the Soccerment Analytics Service to carry out upgrades or maintenance. We will try to keep any such suspension to a minimum.
- We will provide the Soccerment Analytics Service with reasonable care and skill. Apart from this we make no representation or warranty (and, subject to Section 12, exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any other statutory rights you may have as a consumer. We (and not any third party payment provider) are responsible for addressing any claims you or any third party may have in relation to the Soccerment Analytics Service and/or your use of the Soccerment Analytics Service.
- Using the Soccerment Analytics Services
- We are the owner or licensee of all intellectual property rights in the Soccerment Analytics Service (including any Content). All material, including but not limited to the design, text, software, graphics, footage and images you receive (and any selection or arrangement) are subject to the copyright of us and/or others. In the event of any third party claim that the Soccerment Analytics Service or your use of the Soccerment Analytics Service infringes that third party’s intellectual property rights, we (and not a third party payment provider) are solely responsible for the investigation, defence, a potential settlement and potential discharge of such claim. You agree that you will:
- use the Soccerment Analytics Service for non-commercial purposes only without making any gain, whether financial or otherwise, and that you will not permit any other person or persons to use the Soccerment Analytics Service. You must not charge for viewing of the Soccerment Analytics Service and you cannot use the Soccerment Analytics Service to attract others to buy goods from you or anyone else or to attend any premises;
- at any given time, only view the Soccerment Analytics Service via a permitted device. You must keep your password secure and never share passwords or other access codes with anyone or in any way make them accessible to others;
- not copy, record or store all or any part of the Soccerment Analytics Service (other than as permitted by us in the application functionality) or divert, re-share, re-transmit, stream capture or otherwise distribute all or any part of the Soccerment Analytics Service to any person, or authorise, enable or procure any other person to do any of the above;
- not alter, disassemble, decompile or reverse engineer any part of the Soccerment Analytics Service;
- not view the Soccerment Analytics Service in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so; and
- not abuse the Soccerment Analytics Service or use them for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through the site, or using the site in a manner which violates or infringes the rights of anyone else).
- We may immediately suspend or terminate your access to the Soccerment Analytics Service or withdraw your access to any promotions, offers or discounts if:
- we have reasonable grounds to believe:
- your use of the Soccerment Analytics Service is abusive, disruptive, excessive or against the interests of other subscribers; or
- you are in breach of any of these Conditions; or
- we are requested to do so by a regulatory authority.
If appropriate in the circumstances we will inform you in advance of such withdrawal, suspension or termination. However, such notification may not always be possible.
- Your subscription entitles you to use the Soccerment Analytics Service on a maximum of three (3) devices at any one time. In accordance with Section 8.1.2 above, you agree that the login details are unique to you and should not be shared with any other person. You can change your login details at any time by visiting our website and clicking on the "Settings" page.
- We retain the right to remove, or alter, any content made available through the Soccerment Analytics Service at any time, provided that the changes are reasonably tolerable for you.
- Your Security Protection
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Soccerment Analytics Service and not through a hyperlink in an email or any other electronic communication, even if it looks official.
- Age Restriction
You must be the older of 18 years of age (or over), or the age of majority in your state, province or territory of residence, to become a user of the Soccerment Analytics Services.
- You agree to fully compensate us in respect of any damages, costs and expenses (including reasonable legal fees) that we incur as a result of:
- any negligent or wilful misrepresentation, act or omission made by you in connection with your use of the Soccerment Analytics Service;
- any negligent or wilful non-compliance by you with these Conditions; or
- claims brought by third parties arising from or related to your negligent or wilful access or use of the Soccerment Analytics Service other than in accordance with these Conditions.
- Damages within the meaning of Section 11.1. also comprise liabilities that we have towards our affiliates or our (including our affiliate’s) licensors (including their affiliates) due to any of the events described in Sections 11.1.1. – 11.1.3.
- The Soccerment Analytics Service is offered as it is. We (including our third party sport rightsholders) will not be liable to the user or any third party for the (partial or total) delay, malfunction, suspension, interruption and/or unavailability (each constituting “Unavailability”) in the provision of the Soccerment Analytics Service caused by: force majeure or chance; tampering or unlawful interventions by third parties on services and equipment used by Us; tampering or interventions on equipment that fall within the availability of the user; incorrect use of the Soccerment Analytics Service by the user; malfunction / incorrect configurations of equipment used by the user; or by the Unavailability, the lack of available bandwidth, or the lack of appropriate speed of an access service (such as a delivery network or your internet connection).
Moreover, we won’t be liable for any possible damages coming from the user’s breach of any of user’s obligations according to these Conditions.
- Commentary and other materials posted on the Soccerment Analytics Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Soccerment Analytics Service, or by anyone who may be informed of any of its contents.
- Contact Us
- You can contact us whether to discuss technical problems or for any other reason by visiting the ”Contact Us” section of our website or app. In order for us to be able to assist you, you may be required to provide your e-mail, residential address, product details, payment information, which may include your billing address in order to assist you or to identify your subscription. We (and not any third party payment provider) are responsible for providing all maintenance and support with respect to the Soccerment Analytics Service.
- If you subscribe to the Soccerment Analytics Service, you should notify us immediately if any of your details change by updating these details in the “Settings” section of our website or through the application.
- Any notice given by us will be given by email via the most recent email address we hold for you. We shall not be responsible for non-receipt of messages we send you.
- Third-Party Applications.
- Force Majeure
Neither us nor any third party rights holder shall have any liability to you for any delay or failure to deliver the Soccerment Analytics Service to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of us or any third party rights holder including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Soccerment Analytics Service), telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, industrial disputes and the cancellation or postponement of any event.
No waiver by us or any third party rights holder shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.
- Third Party Rights
Clauses 2, 7, 11, 12, 14, 15 and 16 confer a benefit on third party rights holders and payment providers and are intended to be enforceable by third party rights holder and payment providers. Except as provided in this clause no person who is not a party to the contract governed by these Conditions has no rights to enforce any provision of these Conditions but this does not affect any right or remedy of a third party which exists or is available under mandatory applicable law.
Subject to the following sentence of this Section 18, we may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Conditions without notifying you or obtaining your consent.
In the event of a transfer of the agreement with you to a third party, we will notify you of the transfer and you will have the right to withdraw from the agreement by declaration to us within four weeks as of your receipt of our notification.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Conditions.
If a provision of these Conditions is determined to be unlawful and/or unenforceable, the validity of the rest of the Conditions shall remain unaffected.
If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Governing Law and Competent Court
These terms and conditions shall be governed by Italian law including the consumer protection rules therein provided.
Any dispute relating to the Soccerment Analytics Service and / or these terms and conditions will be subject to the rules of the competent consumers’ court. Soccerment srl is registered in Italy and having its registered office at Via Pietro Paleocapa 6 Milano 20121.
We prefer to solve your requests directly with you. For this purpose, please do not hesitate to contact us by visiting the “Contact Us” section of our website or app.
- European online platform for the alternative dispute resolution
If you would like information about the possibility of joining the European ODR platform for alternative dispute resolution in connection with the purchase of the Soccerment Analytics Service through our website, please access the following link http://ec.europa.eu/odr.