Fixtures365 Terms & Conditions
1. WHO WE ARE
Fixtures365 is a brand name of Sky Sports Digital Media, a subsidiary of British Sky Broadcasting Group plc (Registration No. 2247735). All of these companies are incorporated in England and Wales and share the same registered office at Grant Way, Isleworth, Middlesex TW7 5QD.
2. CONDITIONS OF USE
2.1 Use of the Services and Web Site
This web site (the "Web Site") and the goods and services on it are offered to you for your personal and non-commercial use only. Commercial use of this Web Site is strictly prohibited.
You agree to comply with all applicable laws, statutes and regulations in connection with the use of the Web Site and goods (the "Goods") or services (the "Services") obtained via the Web Site. The Goods and Services are together referred to as the "Supplies".
By using the Web Site, you unconditionally agree to be bound by these terms and conditions.
2.2 Restrictions on Use
As a condition of your use of this Web Site and the Services you agree that you will not: (a) reverse engineer or decompile (whether in whole or in part) any software available through the Web Site (save to the extent expressly permitted by applicable law); (b) remove, change or obscure any product identification or notices of proprietary rights or any restriction on or in the Supplies and/or the Web Site; (c) remove any copyright, trade mark or other intellectual property right notices contained in material on the Web Site or Supplies; (d) make copies, modify, reproduce, republish, post, transmit, distribute or alter all or any part of the Web Site or any materials contained on it.
2.3 Unlawful or Improper Use
You must not use the Web Site or the Supplies for any unlawful purposes. In particular, you must not: (a) publish, post, upload, distribute, disseminate or otherwise transmit, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory, libellous, or are alleged to be, or are in the opinion of 365 Media Group, otherwise unlawful; (b) upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence; (c) download any file of materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used legally; (d) harass, stalk, threaten or otherwise infringe the rights of others; (e) hack into any web site, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or engage in any other behaviour likely to inhibit any other user from using and enjoying the Web Site or the Services or that is otherwise likely to damage or destroy the reputation of the Web Site; (f) advertise or offer to sell goods or services.
2.4 Monitoring and Disclosure
British Sky Broadcasting Group plc accepts no obligation to (but may in its discretion) monitor the use of the Web Site and/or the Services by you. British Sky Broadcasting Group plc reserves the right to disclose any information or material which may be provided by you if required by law or regulations and to remove, refuse to post or to edit any such information or material and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions.
3. USERNAMES AND PASSWORDS
Following any registration by you, British Sky Broadcasting Group plc will deliver your user name and password to you. Delivery may be by any reasonable means (including electronic or postal delivery). You must keep your user name and password confidential at all times. Any breach of these terms and conditions by anyone to whom you disclose your password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions. You must take appropriate security measures to prevent unauthorised disclosure of your user name and password and you must notify British Sky Broadcasting Group plc immediately if your password becomes known to any unauthorised user. You must notify British Sky Broadcasting Group plc of any changes to your registration details.
4. INTELLECTUAL PROPERTY RIGHTS
This Web Site (including the software used to operate it) and the trade marks and any information or material used in connection with the Web Site and the Supplies are owned by British Sky Broadcasting Group plc and/or its licensors. You are not granted any right or interest in these except as stated in these terms and conditions.
5. OPERATION OF THE SERVICES AND WEB SITE
British Sky Broadcasting Group plc may at its sole discretion from time to time without notice change the format and content of this Web Site and/or the Services and suspend the operation of the Web Site and/or the Services, for example, for repair or maintenance work, or in order to update or upgrade the contents or functionality of the Web Site and/or the Services.
You are responsible for obtaining and updating your own web browser, and for all amounts payable in respect of connection to the internet including any telecommunications charges for time spent online in respect of use of the Web Site.
You will comply with all directions and instructions given by British Sky Broadcasting Group plc in relation to the use of and access to the Web Site and the Services. British Sky Broadcasting Group plc does not accept responsibility for the security or content of any information which you may supply through the Web Site or the Services and will not be liable for the content of any communications or messages received by you from other users.
6. DISCLAIMER AND LIMITATIONS OF LIAIBILITY
365 Media Group does not exclude or limit liability for death or personal injury resulting from its negligence or any other liability which may not, by applicable law, be excluded or limited.
Subject to the paragraph above in this clause 6, in no event shall 365 Media Group, its directors, employees or other representatives be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, loss of sales, loss of revenue, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss (howsoever arising).
Subject to the two paragraphs above in this clause 6, 365 Media Group's liability to you whether in contract, tort or howsoever arising is limited to the amount paid by you to 365 Media Group in respect of the relevant Supplies.
You shall indemnify and keep indemnified 365 Media Group against any loss or damage arising from your unauthorised use of the Web Site or your disclosure of any password or username and from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by you of any of your obligations under these terms and conditions.
365 Media Group supplies this Web Site and the Supplies "as is" and, to the fullest extent permitted by law, makes no representations or warranties (express or implied) of any kind, including but not limited to, the accuracy, quality, suitability, fitness for purpose or completeness of any information or materials made available on this Web Site or the Supplies, or any third party web sites linked from this Web Site. 365 Media Group shall not be liable for any action taken by you as a result of your relying on any information provided in this Web Site or the Supplies or third party web sites or for any loss or damage suffered by you as a result of you taking such action or as a result of you purchasing any Supplies from a third party.
365 Media Group does not accept responsibility for the security or content of any information which you may supply through this Web Site or the Services and will not be liable for the content of any communications or messages received by you from other users including any content posted by other users in chat rooms.
You are solely responsible for your use of this Web Site, Supplies, any username, password and any information made available on this Web Site from time to time and for any consequences or effects (whether direct or indirect) of such use.
365 Media Group does not warrant that this Web Site or the Supplies will be uninterrupted or error or defect free and shall not be responsible for the non-performance or interruption of this Web Site or the Services or for any viruses transmitted through this Web Site or the Services.
Any links from this Web Site to third party web sites do not constitute an endorsement by 365 Media Group of any products or services available on such web sites and 365 Media Group does not necessarily support or approve of them. You use such links entirely at your own risk and 365 Media Group accepts no responsibility for the content or use of such web sites or information contained in them.
7. BUYING GOODS AND SERVICES ON THIS WEB SITE
7.1 Contracting party
You may be able to purchase Supplies via this Web Site either direct from 365 Media Group or from third parties. You must ensure that, if you do intend to make any purchases, you know the identity of the company with which you will be contracting. Any contract you conclude with third parties will be on their terms and conditions and 365 Media Group will accept no liability whatsoever in respect of such contracts. Third party terms and conditions should be available in the checkout or other appropriate section of the relevant 365 Media Group or third party web site. The following paragraphs of this clause 7 contain terms and conditions relating solely to any sale or provision of Supplies direct to you by 365 Media Group, not by any third party.
The prices of all Goods are clearly marked in their description and are inclusive of VAT and duty (if applicable). All delivery charges are also displayed on this Web Site.
7.3 Conclusion of Contract of Sale
Any Supplies and prices of Supplies displayed on this Web Site constitute an invitation to treat. Once you go the checkout section of this Web Site and click to purchase any Supplies, this constitutes an offer made by you to 365 Media Group. Acceptance of your offer only occurs once you receive notification from 365 Media Group of acceptance of your order.
7.4 Period of Offer
Prices of any Supplies may be changed by 365 Media Group at any time before the conclusion of an agreement to sell i.e. once you receive notification from 365 Media Group of acceptance of your order.
Payment is to be made by credit or debit card and all credit and debit card information will be encrypted for security.
Delivery of any Goods will be by courier or post depending on the size and nature of the Goods to be supplied. The Goods will normally be delivered within 30 days of the placement of the order. If delivery is delayed beyond 30 days, we will notify you that this is the case and you will have an option to cancel your order if the delay is unacceptable.
Should the Goods you order not be available, substitute goods may be provided by 365 Media Group, subject to your approval. If you should decide that any substitution of Goods is unacceptable, 365 Media Group will pay for the cost of returning the Goods and will also provide you with a full refund.
You may cancel your order at any time before delivery, without affecting the continuance of this agreement between 365 Media Group and you in relation to use of this Web Site. If any money has been collected from your credit or debit card, this will be refunded. Notification of cancellation must be either in writing and sent to the address stated above or emailed to email@example.com. Once the Goods have been delivered, you may still return them to 365 Media Group within 7 working days of delivery for a full refund, provided the Goods are in good condition. Where Services have been ordered, you may cancel the order within 7 working days of the day on which the order was placed.
365 Media Group reserves the right to terminate this agreement and your access to this Web Site and the Services at any time and without notice, for any reason whatsoever. 365 Media Group also reserves the right to bar anyone from using this Web Site and the Services.
On termination, you will immediately stop using any username and password and the Services and will return any such username and password to 365 Media Group within 5 days of such termination and destroy (so that they cannot be retrieved) all records or copies you may hold of the username and password and any information about or obtained from this Web Site and the Services.
You may contact 365 Media Group about any problems or questions with this Web Site at: firstname.lastname@example.org.
These terms and conditions shall be governed by and interpreted in accordance with the laws of England and you consent to the exclusive jurisdiction of the English Courts in all disputes arising out of or relating to the use of this Web Site or the provision of Supplies by 365 Media Group. This Web Site is operated and controlled by 365 Media Group from its offices in the United Kingdom. 365 Media Group makes no representation that information or material contained at its Web Site is appropriate for use in other jurisdictions. Users who access the Web Site from other jurisdictions do so at their own initiative and are responsible for compliance with any local laws. You agree that 365 Media Group may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations under them without notice. 365 Media Group may delay enforcing its rights under these terms and conditions without losing them. If any provision of these terms and conditions is found to be unenforceable this shall not affect the validity of any other provision. 365 Media Group may amend, vary or supplement these terms and conditions at any time. 365 Media Group will post a notice of any such amendments on this Web Site and such amended terms and conditions will automatically be effective. These terms and conditions (as varied from time to time) form the entire agreement of the parties and supersede all previous agreements, understandings and representations relating to their subject matter.