This website (the “Site”) and/or application (the “App”) are together referred to in these terms and conditions as the “Media”. The Site and the App will be referred to separately where necessary. The Media are operated by Football Association Limited (registered number 77797), a company registered in England and Wales whose registered address is at Wembley Stadium, Wembley, London HA9 0WS and whose postal address is Wembley Stadium, PO Box 1966, London SW1P 9EQ (“The FA”). Any references to “we”, “us” or “our” shall be taken as references to The FA. Any references to “you” or “your” shall be taken as references to users of the Media.
Please read these terms and conditions carefully to ensure that you understand and agree to them, as they contain the legal terms and conditions to which you are deemed to have agreed whenever you use the Media. If you do not accept these terms and conditions you should not use this Site or App.
GENERAL TERMS AND CONDITIONS OF USE
1. Purpose of the Media
The purpose of the Media is to provide you with information about The FA, FA Competitions, the England football teams, sports and entertainment events, other matters connected with the game of football in England, including the administration of the game of football, participation in football and other activities, and football related products or services which we may offer from time to time.
2. Other Terms and Conditions
Please note that additional terms and conditions may apply to specific sections of our Site. In particular, specific provisions will apply to products and services purchased and ordered via the Media.
Additional terms apply to your use of the Apps, as set out below in these terms and conditions. In all cases, additional terms and conditions will be drawn to your attention where applicable.
3. Registration
You may be required to register as a user of the Media. In such cases, you will need to provide a username and/or email address (as indicated at the time on the relevant Media) and password when doing so. You must ensure that you keep your username and password secret and that you do not disclose them to anyone, as you will be responsible for all activities which occur on your account and/or through the use of your log in details. It is your responsibility to notify us immediately of any unauthorised use of your username, email address or password and/or your account, or any other breach of security as soon as you become aware of it.
4. Privacy
Your personal information will be used in accordance with our privacy policy related to the relevant Media (as updated from time to time). Where the Media links to any third party page or site, when you access that third party page or site, your personal information will be used in accordance with the privacy policy of that third party.
You must obtain the consent of any third party whose personal data you upload to our Media.
5. Code of conduct
You agree that you are responsible for everything that you transmit to our Media and you agree not to, and warrant, represent and undertake that you will not:
i. use any bulletin boards or discussion forums for any commercial purpose;
ii. use the Media in any way that will violate or infringe any laws or regulations of any jurisdiction or the rights of any person, nor post, submit or upload or otherwise transmit or publish content or information, or participate in any form of discussion, which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented or pornographic, racially offensive or which otherwise includes objectionable material;
iii. post, submit or upload or otherwise transmit or publish content or information which you do not have the right to use or which contains advertising of any kind, or transmit to the Media any material containing software viruses or files designed to damage or disrupt or corrupt data or the good working order of any computer, system or telecommunications equipment;
iv. impersonate any other person or entity whilst using the Media;
v. arrange, modify, decompile, disassemble, subject to reverse engineering, translate, adapt, reproduce, distribute, disseminate or transfer any information, any software, any product and in general any element of the Media or content therein except as expressly permitted by the terms of that software; or
vi. web scrape or crawl any of our Media (including any pages thereon).
We will be entitled, at our discretion, to remove anything which is transmitted to, from or via the Media or posted on the Media which, in our opinion, is objectionable or does not comply with these terms and conditions in any way. We will not be liable for doing this. However, for the avoidance of doubt, we will not be required to monitor use of or access to the Media generally.
6. Availability and Access
We have taken reasonable care in the preparation of the Media. However, we cannot guarantee that you will have uninterrupted access to the Media at all times. We reserve the right in our absolute discretion to monitor, suspend, revoke or otherwise limit access to this Site or App for any person at any time, without notice or liability.
Access to the Media and the information on the Media is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) it is prohibited to access the Media or direct such information for any reason. If you are a person in a jurisdiction in which such prohibitions apply, you must not access this Site or App.
7. Amendments
We may delete or update any information on the Media, add material or amend, alter, redesign or change anything contained on the Media at any time, without notice and without any liability to any person. We shall have no responsibility for ensuring that the Media are kept up to date.
We reserve the right to amend these terms and conditions without notice to you from time to time. Any such amendment shall be effective once the revised terms and conditions have been posted on the Media, and it shall be your responsibility to check these terms and conditions for any such amendments. If you do not agree with any of these terms and conditions then you should not use this Media.
8. Information on the Media
The information on the Media has been included in good faith, and is subject to change without notice. Nothing contained in any part of our Media constitutes legal, investment, tax or other advice, nor should it be relied upon in making an investment or other decision or for any other specific purpose and no undertaking, representation or warranty (express or implied) is given as to its accuracy, reliability or completeness.
We have made reasonable efforts to ensure that all information on the Media is accurate at the time of inclusion. However, there may be errors in such information for which we apologise, but shall have no liability. We cannot guarantee that any information displayed on the Media has not been changed or modified through malicious attacks or “hacking”.
We have included certain material on the Media which has been produced, provided or written by third parties. Such material is provided for information purposes only and should not be taken to represent the opinions, beliefs or views of The FA or any of its group companies, affiliates, employees, directors or officers.
9. Ownership of Materials on the Media and Intellectual Property Rights
The FA or its affiliates or licensors are, unless otherwise stated, the owners of all copyright, database and other intellectual property rights in the Media and its contents, with all rights reserved. This includes, without limitation, copyright and other intellectual property rights in the videos, presentations, photographs, audios, documents, images, buttons, layout and text contained on or in this Site or App. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Media in any form (including photocopying or storing it in any medium by electronic means) other than: (i) as specifically permitted by applicable law; and (ii) by making copies as part of any necessary incidental acts during your viewing of the Media or for solely educational, non-commercial purposes. In particular, you shall not incorporate any material from any part of the Media in any commercial work or publication, whether in hard copy or electronic or any other form, and no part of a page from this Site or App may be distributed or copied for any commercial purpose.
All brand, product and service names, logos and images used in this Site or App are the property of The FA or its affiliates or licensors, unless otherwise stated, with all rights reserved. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any of the trade marks, trade names or service marks on this Site or App without the prior written permission of The FA or, where applicable, the owner of such trade marks, trade names or service marks.
10. Contributions to the Media
Where you are invited to submit any contribution to the Media (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant The FA a perpetual, royalty-free, non-exclusive, worldwide, irrevocable, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights (whether for commercial or non-commercial purposes) with respect to your contribution and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in our privacy policy. If you do not want to grant to The FA the rights set out above, you should not submit or upload your contribution to the Media.
Further to the above, by submitting or uploading your contribution to the Media, you:
i. warrant, represent and undertake that your contribution;
a. is your own original work and that you have the right to make it available to The FA for all the purposes specified above and on the terms above;
b. is not defamatory; and
c. does not infringe any applicable law.
ii. agree to compensate The FA and its affiliates for all legal fees, claims, liabilities, damages, costs, losses and other expenses that may be incurred or suffered by The FA or its affiliates as a result of your breach of the above warranties, representations and undertakings; and
iii. waive any moral rights in your contribution for the purposes of its submission to, and publication on, the Media and the purposes specified above, which means that The FA and its affiliates shall not be required to credit you for your contribution, and may adapt or alter your contribution as they see fit, without your consent.
11. External Links
The FA and its affiliates are not responsible for the content of external websites. Our Media may include links to other websites from time to time and so, when you access certain links in our Media, you may leave our Media and be directed to third party pages. These links are provided for your convenience. External websites are not part of our Media; we do not endorse or accept any responsibility for the content of those websites (nor the products or services on them); we are not responsible for the availability of the websites; and we will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.
12. Push Notifications
Where you have indicated that you wish to receive them, we may from time to time send you push notifications in relation to our Apps. You may turn push notifications off at any time by accessing the notifications preference centre on your phone, tablet or other smart device.
13. Rules About Linking To Our Site
You may link to the home page of our Site, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way so as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site on or in any website that is not owned by you. Our Site must not be framed on any other site unless you have entered into a written agreement with us (email is not sufficient) to do so, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
14. Disclaimer of Warranties and Liability
This Site or App is provided “as is” and your access and use of it is at your own risk. To the fullest extent permitted by law, The FA and its affiliates make no representations, undertakings or warranties about the content of and information provided through this Site or App, including any hypertext links or any other items used or accessed either directly or indirectly from the Media. The FA accepts no liability for any inaccuracies or omissions in the Media and any decisions based on information contained in the Media are your sole responsibility.
To the fullest extent permitted by law, all representations, warranties and undertakings (express or implied) in respect of the Media and the content of and your use of the same are excluded. In particular, but without limitation, we do not warrant that the Media or any videos, software, information or material available on or downloaded from the Media will be free from errors, faults, viruses, other computer or data-corrupting or data-damaging material or defects, compatible with your equipment or fit for any purpose.
15. Liability
Except in the case of fraud, death or personal injury caused by our negligence or other cases where by legal liability cannot be excluded or limited, we exclude all liability to you in respect of your use of our Media or any information or other content obtained from our Media, either directly or due to a special circumstance affecting you, of which we were aware, howsoever arising, and whether in contract, tort, negligence, misrepresentation or otherwise.
Under no circumstances shall we have any liability for any loss of profit, business opportunity, goodwill, anticipated savings or data, or for any special, indirect, incidental or consequential losses or damages of whatsoever kind resulting from the use of our Media or any information or other content obtained from our Media, either directly or due to a special circumstance of which we were aware, howsoever arising and whether in contract, tort, negligence, misrepresentation or otherwise.
You shall be liable to us for any loss, liability or cost we (or any of our affiliates) suffer as a result of your use of our Media or any breach of these terms and conditions. By using our Media you agree to compensate The FA and its affiliates for all legal fees, claims, liabilities, damages, costs, losses and other expenses that may be incurred or suffered by The FA and/or its affiliates as a result of your use of the Media or breach of these terms and conditions.
16. Applicable law
These terms and conditions are governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts, subject to mandatory provisions of any applicable local laws.
17. Comments
If you have any comments or questions about the Media please contact us at info@thefa.com. If you have comments or questions which specifically relate to data protection, please contact dataprotection@thefa.com.
18. General
Any failure by us to exercise any right or remedy under these terms and conditions or at law does not constitute a waiver of that right or remedy or a waiver of any other rights or remedies. No single or partial exercise of a right or remedy by us under these terms and conditions or at law prevents further exercise of the right or remedy or the exercise of any other right or remedy.
If a competent court of law or authority finds that any part of these terms and conditions is invalid, unlawful or unenforceable to any extent, we shall delete the relevant part from the terms and conditions and the remainder of the terms and conditions shall continue to be valid and enforceable to the fullest extent permitted by the laws of England and Wales.
USE OF THE MATCHDAY APP
If you are using The FA Matchday App (“Matchday”), in addition to the above general terms and conditions of use, the following additional terms and conditions shall apply:
1. Use
You must be at least sixteen (16) years old to use Matchday on your own. In the event that you are under sixteen (16), or you are the parent or legal guardian of a child under sixteen (16), a parental login is required in order that the minor is able to access and use Matchday. The parent or legal guardian must create a parental account, which may be associated (or ‘linked’) with a youth account. All users of Matchday are required to have an active email address, and must provide this email address to use Matchday.
2. Accuracy of Information
Without prejudice to the ‘Information on the Media’ section of the general terms and conditions of use above, reasonable efforts have been made to ensure that all information (including, without limitation, match fixture dates, times and locations) is correct. If the information is not correct, The FA is not liable for any losses suffered by the user.
3. PayPal
Matchday uses PayPal as a payment provider, and any payments made by you on Matchday (whether by debit or credit card, or via PayPal) shall be processed by PayPal. By making a payment on Matchday and/or signing up to PayPal, you shall be subject to, and accept, PayPal’s terms of use, as provided to you or made available to you by PayPal. Any personal data uploaded onto PayPal’s page in Matchday and/or on any PayPal web page to which you are directed from Matchday, will be subject to PayPal’s privacy policy.
4. Third Party Logos and Links
From time to time, Matchday may display logos owned or licensed by The FA’s commercial partners from time to time. These third party logos remain the intellectual property of the respective commercial partner or relevant licensors. If you do not want to view logos of The FA’s commercial partners, then please do not use Matchday.
Without prejudice to the ‘External Links’ section of the general terms and conditions of use above, from time to time Matchday may link to, or partner with, third party websites, social media platforms, other mobile apps, initiatives and other products and services (“Third Parties”). You may be able to connect with these Third Parties through Matchday, but this does not mean that The FA endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party site’s terms of use and privacy policy.
The FA is not responsible for the content, policies or activities of Third Parties, and you acknowledge that you interact with Third Parties at your own risk.
USE OF THE FA SUPERKICKS APP
If you are using the FA SuperKicks App (“SuperKicks”), in addition to the above general terms and conditions of use, the following additional terms and conditions shall apply:
1. Use
SuperKicks is intended for use by 5-11 year old children. A parental log in is required in order that the minor is able to access and use SuperKicks. The parent or legal guardian of the child wishing to use SuperKicks (the “Child”) must create a parental account, which may be associated (or ‘linked’) with the Child’s account.
IF YOU DO NOT WANT YOUR CHILD TO ACCESS ANY OF THE CONTENT ON SUPERKICKS, OR UNDERTAKE ANY OF THE PHYSICAL ACTIVITIES OR OTHER ACTIVITIES ON SUPERKICKS, DO NOT LINK YOUR PARENTAL ACCOUNT TO YOUR CHILD’S ACCOUNT.
2. Safeguarding
It is the responsibility of the Child’s parent or legal guardian who created the parental account and linked (authorised) the Child’s SuperKicks account to ensure that their Child uses SuperKicks in a safe and appropriate manner at all times. This includes only permitting their Child to use SuperKicks if they are over the age of five (5).
The parent or legal guardian who created the parental account and linked the Child’s SuperKicks account shall ensure that they act at all times as supervisor of their Child when their Child is using SuperKicks to carry out a physical activity. Each parent or legal guardian who created the parental account can supervise their Child only, and not the child of any other parent or legal guardian.
It is also the responsibility of the parent or legal guardian who created the parent account and linked it with the Child’s SuperKicks account to ensure that their Child does not inadvertently engage in any unlawful, prohibited or antisocial conduct when carrying out the activities in SuperKicks.
It is also the responsibility of the parent or legal guardian who created the parent account and linked it with the Child’s SuperKicks account to ensure that their Child only carries out SuperKicks physical activity if they are fit, healthy and able to do so. That same parent or legal guardian should review the physical activities promoted in SuperKicks and ensure that their Child is medically able to carry out such activities, and must instruct and ensure that their Child does not carry out any activity which would constitute a risk to their physical or mental health. If that parent or legal guardian is not sure whether they should allow their Child to participate in a SuperKicks physical activity, the parent or legal guardian should seek advice from an appropriate medical professional.
If your child suffers from any physical or mental impairment or disability, you should seek the advice of a medical practitioner regarding the suitability of SuperKicks for your Child. Your medical practitioner may be able to suggest adaptations to the physical activities which may render the physical activity suitable for your Child. You should explain to your Child any adaptations required and assist and supervise your Child in carrying out the physical activities with necessary adaptations.
IF AT ANY TIME YOU WISH TO PREVENT YOUR CHILD FROM USING SUPERKICKS FOR ANY REASON, PLEASE LOG OUT OF YOUR SUPERKICKS ACCOUNT, AND ENSURE THAT YOUR CHILD’S ACCOUNT IS ALSO LOGGED OUT.
3. Important Disclaimers
A. Medical
SuperKicks includes features that promote physical activity and general wellness. These features are for informational purposes only and are not intended to constitute medical advice or services, and should not be used for diagnostic or treatment purposes. You must consider the risks involved to your Child and consult with a relevant medical professional before consenting to your Child engaging in any physical activity. Never disregard professional medical advice or delay in seeking it because of something you or your Child has viewed on SuperKicks. You should also seek professional medical advice from a qualified practitioner in the event that your Child experiences any change in their physical or mental health and observe any guidance from that medical practitioner in relation to your Child’s use of SuperKicks.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE FA AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE TO YOU OR YOUR CHILD OR ANY OTHER INDIVIDUAL FOR ANY INJURIES, DAMAGES, AILMENTS OR DISTRESS THAT YOU OR YOUR CHILD OR ANY OTHER INDIVIDUAL MAY SUSTAIN AS A RESULT OF YOUR, YOUR CHILD OR ANY OTHER PERSON’S USE OF, OR INABILITY TO USE, THE FEATURES ON SUPERKICKS.
B. Legal
When your Child is using SuperKicks, please be aware of their surroundings to ensure that they play and undertake activities safely. You agree that your Child’s use of SuperKicks is at your own risk, and that you will not use or let your Child use SuperKicks to violate any applicable law, regulation, ground or private rules, instructions as outlined in these terms and conditions, or engage in anti-social behaviour, and you will not encourage or enable any other individual to do any of the above.
4. Third Party Logos and Links
From time to time, SuperKicks may display logos owned or licensed by The FA’s commercial partners from time to time. These third party logos remain the intellectual property of the respective commercial partner or relevant licensors. If you do not want to view the logos of The FA’s commercial partners, or if you do not want your Child to view the logos of The FA’s commercial partners, then please do not use SuperKicks.
Without prejudice to the ‘External Links’ section of the general terms and conditions of use above, from time to time, SuperKicks may link to, or partner with, third party websites, social media platforms, other mobile apps, initiatives and other products and services (“Third Parties”). You may be able to connect with these Third Parties through SuperKicks, but this does not mean that The FA endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review the sites, terms of use and privacy policy of Third Parties.
The FA is not responsible for the content, policies or activities of Third Parties and you acknowledge that you interact with Third Parties at your own risk.
