Terms and Conditions
Terms of Use for My Sports Analysis Limited products
My Sports Analysis Limited., a UK Company, is pleased to present the websites MySportsAnalysis.com and such other URLs as may be designated in the future by My Sports Analysis Limited (the "Websites") and the software applications which relate to the Websites and which are provided for use on mobile devices (the "Applications" and, with the Websites, the "Platform") together with the content (the “Analysis”). By using and/or visiting the Websites, including any Analysis available through the Platform, and/or by installing one or more Applications, you assent to these terms and conditions (the "Terms of Use") which Terms of Use include and incorporate by reference the terms and conditions of our Privacy Policy (the "Privacy Policy"). If you do not agree to any of these terms, then please do not use the Platform or access the Analysis.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS
1.The Platform
The Platform is intended to serve as an online environment through which registered users ("Users") may subscribe to access video content and associated analysis ("Analysis") and background materials presented by My Sports Analysis Limited for a specified period of time
2. Access to the Platform
A. My Sports Analysis Limited hereby grants you permission to access "analysis" as set forth in these Terms of Use, provided that: (i) you have paid the correct fees, (ii) you have set up a valid account and Profile (as defined below), (iii) your use of the "analysis", as permitted, is solely for your personal use; (iv) you will not copy, upload, republish or distribute any part of the "analysis" in any medium without My Sports Analysis Limited's prior written authorisation; (v) you will not alter or modify any part of the "analysis" ; (vi) you will not reverse engineer, disassemble otherwise inappropriately use the "analysis" for anything other than its intended use; and (vii) you will otherwise comply with Terms of Use.
B. In order to access the Platform, you will have to create an account. You may never use another's account without his or her express permission and you may not provide another person with the username and password to access your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify My Sports Analysis Limited immediately of any breach of security or unauthorised use of your account. Although My Sports Analysis Limited will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of My Sports Analysis Limited or others due to such unauthorised use.
C. The Platform may contain links to third-party websites that are not owned or controlled by My Sports Analysis Limited. My Sports Analysis Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, My Sports Analysis Limited will not and cannot censor or edit the content of any third-party site which is linked to the Platform. By using the Platform, you expressly relieve My Sports Analysis Limited from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Platform and to read the terms and conditions and privacy policy of each other website that you visit.
D. You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and www.mysportsanalysis.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
3. Applications
A. An Application will allow you to access certain materials and functionality available on the Websites through your web browser, mobile device and customised applications on Android and iOS devices.
B. My Sports Analysis Limited does not accept any responsibility whatsoever for unavailability of any Application, or any difficulty or inability to access analysis or any other communication system failure which may result in an Application being unavailable.
C. In order to use an Application, you will be required to have a compatible mobile telephone or handheld device, internet access, and certain minimum specifications which are specified in the Application itself.
4. Access to analysis from My Sports Analysis Limited
A. Platform allows Users who comply with the Terms of Use to access for the sole purposes of viewing Analysis from My Sports Analysis Limited for a specified period of time. To gain access to Analysis from My Sports Analysis Limited, you will need to follow the ordering procedures set out on our order page. Prices are subject to change without notice.
B. Any times or dates stated by My Sports Analysis Limited for delivery are estimates only. We shall make all reasonable effort to deliver goods within the time specified, but we shall not have any liability for any failure to deliver within that time.
C. You must pay for items purchased from My Sports Analysis Limited by credit card or through Paypal or by other methods specified on the Platform from time to time. Unless otherwise indicated, the prices are exclusive of delivery costs and applicable taxes.
D. We are entitled to refuse any order placed by you for any reason. If your order is accepted by My Sports Analysis Limited, we will confirm acceptance to you by online electronic means to the e-mail address you have provided.
E. You undertake that all details you provide to us for the purpose of accessing Analysis from My Sports Analysis Limited will be correct, that the credit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit card details before providing you with any goods.
F. In order to contract with My Sports Analysis Limited you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. My Sports Analysis Limited retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be My Sports Analysis Limited or may in some cases be a third party. Where a contract is made with a third party My Sports Analysis Limited is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
5. Profiles
A. In order to create an account, you will be required to submit certain private information which may include your name, email address, telephone number, address which My Sports Analysis Limited may use in connection with the operation of its business, but will otherwise keep private in accordance with the terms of the Privacy Policy. Private Information may be used in our communications with you (including for marketing purposes), but will not be shared with any non-affiliated third party without your permission.
B. My Sports Analysis Limited does not permit copyright infringing activities and infringement of Intellectual Property rights on its Platform, and My Sports Analysis Limited may remove all users who infringes on My Sports Analysis Limited's intellectual property rights. My Sports Analysis Limited reserves the right to remove Analysis without notice.
6. Intellectual Property Rights
A. "Content" means all content and Analysis on the Websites and Applications and Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein. Content is subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions and is (i) owned by or licensed to My Sports Analysis Limited, (ii) supplied to our editors or released into the public domain by public relations and marketing companies for press purposes,
B. The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of My Sports Analysis Limited or its licencors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.mysportsanalysis.com and its licencors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
7. Disclaimers
You agree that your use of the platform and analysis shall be at your sole risk. to the fullest extent permitted by law, my sports analysis limited and its successors, assigns, affiliates, officers, directors, employees, agents, analysts do not make any warranties, express or implied, to you in connection with the platform and analysis and your use thereof. neither my sports analysis limited nor any of its successors, assigns, affiliates, officers, directors, employees, agents, analysts makes any warranties or representations to you about the accuracy or completeness of the content of the platform and analysis or the content of any sites linked to the platform and analysis and such parties assume no liability or responsibility to you for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our platform and analysis, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our platform and analysis, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our platform and analysis by any third party, and/or (vi) any errors or omissions in any content or user submissions or for any loss or damage of any kind incurred as a result of the use of any analysis or otherwise made available via the platform. My Sports Analysis Limited does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the platform or any hyperlinked websites or featured in any banner or other advertising, and My Sports Analysis Limited will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of product or service through any medium or in any environment, you should use your best judgement and exercise caution appropriately.
8. Limitation of Liability
In no event shall My Sports Analysis Limited or its successors, assigns, owners, affiliates, officers, directors, employees, agents, analysts be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any use or access to the platform and analysis, including, without limitation, the categories of liability described in section 6, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the United Kingdom
Those who access or use the platform and analysis from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless My Sports Analysis Limited and its successors, assigns, affiliates, officers, directors, employees, agents, Analysts from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Platform and analysis; (ii) your violation of any term of the Terms of Use ; (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right; or (iv) any claim that the analysis caused damage to a third party.
10. Termination
My Sports Analysis Limited may terminate your membership, delete Your Account and any User Submission that you have posted on the Platform and/or prohibit you from using or accessing the Platform (or any portion, aspect or feature thereof) for any reason, or no reason, at any time in its sole discretion, with or without notice. Notwithstanding any termination or expiry of your membership or your ceasing to use the Platform or analysis, your obligations hereunder shall survive indefinitely.
11. Ability to Accept Terms of Use
You affirm that you are more than 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.
12. General
You agree that: (i) the Platform and analysis shall be deemed solely based in the United Kingdom; and (ii) the Platform and analysis shall be deemed "passive" and shall not give rise to personal jurisdiction over My Sports Analysis Limited, either specific or general, in jurisdictions other than the United Kingdom. The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by My Sports Analysis Limited without restriction. The Terms of Use shall be governed by the laws of the United Kingdom. Any claim or dispute between you and My Sports Analysis Limited that arises in whole or in part from the Platform and analysis shall be decided exclusively by a court of competent jurisdiction located in the United Kingdom. These Terms of Use, together with the Privacy Policy, and any other legal notices published by My Sports Analysis Limited on the Platform, shall constitute the agreement between you and My Sports Analysis Limited concerning the Platform and analysis. If any provision of the Terms of Use is deemed invalid by a court in the United Kingdom, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of this the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and My Sports Analysis Limited's failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. My Sports Analysis Limited reserves the right to amend the Terms of Use at any time and without notice, and it is your responsibility to review the Terms of Use for any changes. Your use of the Platform and analysis following any amendment of the Terms of Use will signify your assent to and acceptance of the revised terms of any component thereof. My Sports Analysis Limited reserves the right to amend or withdraw any Application, Platform or associated Analysis at any time and for any reason.
13. Our Contact
A. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
B. Pricing and Availability: Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
C. Payment: Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
D. Cancellation of contract: Should you wish to cancel your contract the following terms and conditions apply.
For those who have paid an annual subscription they will be charged for the number of months they have had access to the respective package at a pro-rated amount for the number of months they have had the contract, subject to a minimum charge equivalent to six months pro-rated. This charge will be; a) payable for whole months, or part thereof, b) one additional month to cover administration charges.
E. Invalidity: If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforce-ability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
F. Complaints: We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
14. Variation
My Sports Analysis Limited shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
A. Waiver: If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
B. Entire Agreement: The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and My Sports Analysis Limited. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of My Sports Analysis Limited.