Terms of Service
Last updated: May 29th, 2023 at 4:28 pm
1.1
Club & County is operated by LD2 Limited (“We” “Us” “Our” “LD2”). We are registered in Northern Ireland under company number NI052302 and our registered office is at The Studio, 30 Tircur Road, Omagh, Co Tyrone, BT79 7TY.
1.2
This document (together with the documents referred to in it) tells you the terms of service (“Terms”) that apply to any Club, County, Province or Entity when you set up a new site (“Club Account”) using Our website www.clubandcounty.com (“Website”), which provides a website creation service and social network platform (“Service”). These Terms of Service constitute the terms between Club and County and the Club.
1.3
The individual who creates the Account on behalf of the Club (“You”) undertake that You have the necessary authority to enter into the Terms of Service on behalf of the Club. Both You and any other person to whom you give administrative access to and/or control of the Club Account (“Officials”) must ensure adherence to the Terms of Service on behalf of the Club.
1.4
By creating a Club Account, you indicate that you accept these Club Terms and that You agree to abide by them. If You do not agree to these terms of use, please refrain from creating a Club Account. We reserve the right to update and change the Club Terms from time to time and your continued use of the Services will constitute your acceptance of such changes.
2.1
To create a Club Account, You must have a valid Club and County ID and be aged 18 or over. As Webmaster, You are responsible for the operation and administration of the Club Account.
2.2
You agree to immediately notify Us in writing of any unauthorised use of the Club Account or any other breach of security and You must ensure that You exit from the Club Account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this clause 2.2.
2.3
You agree to provide true, accurate, current and complete information about yourself and the Entity (“Registration Data”) as prompted by the Club Account registration form, and You must maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your individual account and/or the Entity Account and refuse any and all current or future use of the Service (or any part thereof).
3.1
The charges are shown on the Club & County Website and are inclusive of VAT.
3.2
You/the Entity can pay by setting up a monthly or annual Standing Order (preferred method). You can also pay by cheque or electronic bank transfer although these methods will incur a £15 administration charge. If You/the Entity want to pay by bank transfer our bank details are available upon request. Cheques should be made payable to LD2 Ltd and posted to Club and County, The Studio, 30 Tircur Road, Omagh, Co Tyrone, BT79 7TY for the attention of Club and County Support Team.
3.3
The charges will be payable in advance and You can choose whether to pay monthly or annually. We will automatically take payment each month/year (as applicable) and will continue to do so until You advise us otherwise.
3.4
You can send us a cancellation request at any time via email to support@clubandcounty.com, or in writing to our postal address. Please include your contact details in case We have an issue with processing your request.
3.5
If We accidentally take payment after you have given us notice that You/the Club no longer wish to pay for a package We will refund you in full.
3.6
If We are unable to collect payment for any reason or You/the Club fail to pay the charges, We may suspend the ‘Service’ until we receive payment in full and in cleared funds.
3.7
We reserve the right to change the charges at any time by giving You/the Club not less than 30 days’ notice.
3.8
Our service does not include the registration of a domain name. If You don’t have a domain name, there are two options available.
3.8.1
Option 1: Through the GAA, you can claim an address based on the official GAA domain. For example, club.gaa.ie or county.gaa.ie. To do this, simply contact us via an official GAA e-mail address, E.G. pro.club.county@gaa.ie, and we will put you in touch with the GAA’s official IT partner. Once you have arranged payment for your new domain with the IT partner, one of our developers can then complete the setup for you.
3.8.2
Option 2: Register your own .com or .ie. domain name. You will go through the process of setting up an account for your domain, once you have completed this, one of our developers can log in to your account and point your new domain to our server.
3.8.3
If You already have a domain name, You may keep this and continue to pay the annual fee to your current registrar. We require You to create DNS records once your site is ready to launch to attach it to your existing domain name. If you don’t know how to do this, you can request that we set this up for you (a £25 administration charge will apply).
3.9
You can transfer the domain name to another registrar/provider. An administration fee of £25 is incurred to process the transfer. Please email support@clubandcounty.com for details of this process.
4.1
If You cancel the Club Account, the cancellation will take effect immediately. After cancellation, the Club Account will be de-activated and will no longer be accessible by the public, by You or the Club Account members unless You expressly require us to do so, We will not close the Club Account and will keep this in existence so We can try find someone who will take over the Club Account. Where You require us to close the Club Account, You will have the opportunity to copy and paste information and content from the Club Account prior to its closure. When a Club Account is closed all information therein may be deleted and We accept no liability for such deleted information or content.
4.2
We may, in our sole discretion, terminate and/or suspend the Club Account and remove and discard any content within the Club Account for any reason, including without limitation, if We believe that You have violated or acted inconsistently with the Club Terms.
4.3
You agree that any termination of your access to the Service under these Club Terms may be effected without prior notice and you acknowledge that We may immediately deactivate or delete the Club Account and all related information and files. We reserve the right to bar any further access to such files or the Service. We will not be liable to You or any third-party for any termination of your access to the Service.
5.1
For the purpose of this clause 5, “Data Protection Legislation” means the Data Protection Act 1998 as amended, extended, re-enacted or consolidated from time to time, including without limitation, the implementation of the General Data Protection Regulation (EU) 2016/679 and any other relevant laws (having regard to the geographic location of users of the Website) relating to the protection of data throughout the world from time to time.
5.2
We understand that You will collect data from members during the administration of the Club Account. You may also upload other information onto our Website such as (without limitation) fixture lists, team line ups, match scores, match summaries, videos and photos (“Club Data”). Where such data is personal data (as defined by Data Protection Legislation) You will be the data controller (as defined by Data Protection Legislation) and You shall ensure that You comply with all Your obligations as data controller when using such data including but not limited to:
5.2.1
ensuring that adequate privacy notices have been provided to data subjects (as defined by Data Protection Legislation) (including the Members) so they understand that their personal data will be shared with Us, and the purposes of the data sharing; and
5.2.2
ensuring that appropriate consent has been obtained from the data subject where required to allow their personal data to be used by Us and shared with third parties as set out in our privacy policy available on our website.
5.3
Please refer to our Privacy Policy and Cookies Policy for more information.
5.4
The Club will indemnify Us against any claims, losses, damage or fines We incur due to Your breach of clauses 6.3.
5.5
When you upload any videos or photos onto Our Website, You and the Club agree to grant us a licence in accordance with clause 9.2 and We shall be free to use such videos/photos as We see fit. Where this happens, We will become data controller in respect of the videos/photos. Where you upload videos or photos of third parties, you will be asked to confirm you have their consent to do so.
5.6
The Club shall comply in all respects with the provisions of Data Protection Legislation in our capacity as data controllers in relation to all information made available to each other.
6.1
You are responsible for maintaining the security of the Club Account and You are fully responsible for all activities that occur under the Club Account. You agree to notify Us immediately in writing of any unauthorised use of the Club Account or any other breaches of security.
6.2
If and when You decide to add an Official to the Club Account, You must ensure that such person is over the age of 18.
6.3
The Official will have administrative access to the Club Account therefore, you must ensure that the person is a responsible adult as they will have access to personal data and/or sensitive personal data. We strongly advise You carry out any necessary background checks before appointing an Official, especially if the Club Account has members who are under the age of 18.
6.4
We will not be liable for any loss or damage from Your failure to comply with this clause 6. Under no circumstances will We be liable, in any way, for any acts or omissions by an Official or a Member.
7.1
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which such Content originated. As Web Master, You have a responsibility to moderate any such Content on the Club Account and remove it where you think it is inappropriate. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.
7.2
We may preserve Content and may also disclose Content if required to do so by law or if We believe, in good faith, that such preservation or disclosure is reasonably necessary to:
7.2.1
comply with legal process;
7.2.2
enforce these Club Terms;
7.2.3
respond to claims that any Content violates the rights of third-parties; or
7.2.4
protect the rights, property, or personal safety of Club and County, its users and the public.
7.3
Notwithstanding Your duty to moderate the Club Account, should Content be found or reported to be in violation of these Club Terms or the Terms, it will be in Club and County’s sole discretion as to what action should be taken.
8.1
The Service may include advertisements or news content, which are necessary for Us to provide the Service. The Club and County Communication Platform was created to connect all levels of a sporting organisation together so from time to time Sport related advertising or news content, approved by your Governing Body or the Unit you are affiliated with may appear on the site. These adverts or news content will be ‘Your Sport’ related i.e. promotion of match ticket sales, relevant programmes or events. These adverts or news content will not take priority over your own advertising or news but may be used on rotation.
8.2
These adverts or news content may be placed without prior notice to you.
8.3
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We will not be liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
8.4
The Service may provide, or third parties may provide, links to other websites or resources. We have no control over such websites and resources and We are not responsible for the availability of such external sites or resources.
8.5
We do not endorse and are not liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LD2 Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.
9.1
We are the owner or the licensee of all intellectual property rights in the Service, Website, App and in the material We publish on it and any necessary software used in connection with the Service (“Software”). These works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly authorised by Us or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
9.2
Subject to clause 5.5, We do not claim ownership of the Content You or your members place on the Club Account. By submitting Content to Club and County for inclusion on the Club Account, you grant Us a world-wide, royalty-free and non-exclusive perpetual licence to reproduce, modify, adapt, distribute, sub-licence and publish the Content. You and any Official will not upload any Content unless you have the right to grant a Licence in accordance with this clause.
10.1
The Club shall agree to indemnify Us, and Our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of any Content, Your use of the Service, Your members’ activities, Your connection to the Service, your violation of these Club Terms. You are solely responsible for Your actions when using the Service, including, but not limited to, costs incurred for Internet access.
11.1
You expressly understand and agree that where You use the Service, this is at your/the Club’s sole risk. The Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11.2
We will make reasonable efforts to maintain the Service, however, We are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorised use due to You sharing access to the Service, or other interaction with the Service. You are responsible for maintaining and backing-up your data and information that may reside on the Service.
11.3
We do not warrant that:
11.3.1
the Service will meet your specific requirements;
11.3.2
the Service will be uninterrupted, timely, secure, or error-free;
11.3.3
the results that may be obtained from the use of the Service will be accurate or reliable;
11.3.4
the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and
11.3.5
any errors in the software will be corrected.
11.4
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that You and any Official will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
11.5
No advice or information, whether oral or written, obtained through or from the Service shall create any warranty not expressly stated in these Terms.
12.1
To the extent permitted by law, We, and third parties connected to Us hereby expressly exclude:
12.1.1
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
12.1.2
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Website or in connection with the use, inability to use, or results of the use of Our Website, any websites linked to it and any materials posted on it, including:
12.1.2.1
loss of income or revenue;
12.1.2.2
loss of business;
12.1.2.3
loss of profits or contracts;
12.1.2.4
loss of anticipated savings;
12.1.2.5
loss of data;
12.1.2.6
loss of goodwill; and
12.1.2.7
wasted management or office time, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
12.1.3
This does not affect Our liability for death or personal injury arising from Our negligence, or Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
13.1
Failure by Us to exercise or enforce any right or provision of these Club Terms shall not constitute a waiver of such right or provision.
13.2
These Club Terms constitute the entire agreement between you and Us in relation to the operation of any Club Account and supersede any prior agreements.
13.3
If a court says that part of this agreement is not enforceable in law the rest of the agreement shall still be enforceable.
13.4
The Northern Ireland courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Website although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
13.5
These Club Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Northern Ireland.
14.1
If You have any questions, comments or concerns regarding these Club Terms please contact us at support@clubandcounty.com or write to us at Club and County, The Studio, 30 Tircur Road, Omagh, Co Tyrone, BT79 7TY.
14.2
Please report any violations of these Club Terms to support@clubandcounty.com.
Last updated: May 29th, 2023 at 4:28 pm
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