READ THIS – IT’S VERY IMPORTANT:
The following terms only apply to you if you are an organiser using the Coacha service (such as a club owner or leader).
If you are a nominated user (such as a team coach or member), please refer to the terms of service for nominated users which can be found here:
www.coacha.co.uk/More/Legal/Terms-of-Service
OUR TERMS
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our online sports team management services to you (the Service).
1.2 Why you should read them. Please read these terms carefully before you submit your order for a subscription to us. These terms tell you who we are, how we will provide the Service to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Coacha Software Limited, a limited company registered in England and Wales. Our company registration number is 05294974 and our registered office is c/o James Barry Associates, 3 The Paddocks, Lassington, Highnam, Gloucester GL2 8DD. Our registered VAT number is 850 7527 20.
2.2 How to contact us. You can contact us by telephoning us on 01242 220320, by emailing us at
support@coacha.co.uk, or by writing to us at Coacha Software Limited, Cheltenham Film Studios, Hatherley Lane, Cheltenham, GL51 6PN.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order for a subscription.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order for a subscription will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order for a subscription, we will inform you of this in writing and will not charge you for the Service. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the subscription, or because we have previously terminated your subscription to the Service due to a breach by you of our legal terms or policies applicable to that subscription.
3.3 Your order number. We will assign an order number to your order for a subscription and tell you what it is when we accept your subscription. It will help us if you can tell us the order number whenever you contact us about your subscription.
3.4 We only sell to the UK, EU, USA, Canada and New Zealand. Our website is solely for the promotion of the Service in these territories. Unfortunately, we do not accept subscriptions from addresses outside of these locations.
4. USE OF OUR WEBSITE
Your use of our website is governed by our website terms of use
www.coacha.co.uk/More/Legal/Terms-of-Service acceptable use policy
www.coacha.co.uk/More/Legal/Acceptable-Use-Policy, and privacy policy
www.coacha.co.uk/More/Legal/Coacha-Privacy. Please take the time to read these, as they include important terms which apply to you.
5. RESTRICTIONS THAT APPLY TO YOUR USE OF THE SERVICE
5.1 Age restriction if you are a consumer. If you are a consumer, the Service is only available to you if you are aged 18 or over. Please do not attempt to subscribe to the Service if you are under 18 years of age.
5.2 Terms that apply only if you are a business. The following terms apply to you only if you are a business:
(a) you confirm that you have authority to bind any business on whose behalf you use the Service;
(b) these terms of service and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter;
(c) you acknowledge that in entering into the contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms of service or any document expressly referred to in them; and
(d) you and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the contract.
5.3 Terms that apply to both businesses and consumers. Regardless of whether you are a consumer or a business, if you add additional nominated users to your subscription, you are responsible for ensuring that those nominated users are aged 18 or over.
5.4 Licence restrictions. You agree to the following terms in connection with your use of the Service (the Licence Restrictions):
(a) not to copy the software on which the Service is provided (the Software) except where such copying is incidental to normal use of the Service, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software in any way;
(c) not to make alterations to, or modifications of, the whole or any part of the Software, or permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Software with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the Software;
(e) to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
(f) to regularly and effectively back-up the data within the Software / the Service onto a separate computer (for the avoidance of doubt, not onto an app or a mobile or handheld device);
(g) to include our copyright notice on all entire and partial copies you make of the Software on any medium;
(h) not to provide or otherwise make available the Software in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(i) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Software or any Service (Technology).
5.5 Acceptable use restrictions (applicable to both businesses and consumers). You agree to the following additional terms in connection with your use of the Service (the Acceptable Use Restrictions):
(a) not to use the Software or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Software, any Service or any operating system;
(b) not to infringe our intellectual property rights or those of any third party in relation to your use of the Software or the Service, including the submission of any material (to the extent that such use is not licensed by these terms);
(c) not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software or the Service;
(d) not to use the Software or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 You acknowledge that all intellectual property rights in the Software, the Service, the Technology and our website anywhere in the world belong to us or our licensors (as the case may be), that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software, the Service, the Technology or our website other than the right to use each of them in accordance with these terms.
6.2 You acknowledge that you have no right to have access to the Software in source-code form.
7. OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes to the Service. We may change the Service:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Service, other than the fact that you may experience some downtime while these changes are made; and
(c) as a result of improvements to the software underlying the Service, which will evolve over time in terms of functionality and user interface.
7.2 More significant changes to the Service and these terms. If we have to make any changes to these terms or the Service which are more significant than the types of changes referred to in clause 7.1 above, we will notify you and you may then contact us to end the contract and receive a refund before the changes take effect.
7.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it in all material respects (taking account of the fact that the software underlying the Service will evolve over time in terms of functionality and user interface).
8. PROVIDING THE SERVICE
8.1 When we will start providing the Service to you. We will start to supply the Service to you on the date on which we notify you that your order for a subscription has been accepted (please see clause 3.1 above), and will continue to supply the Service until the subscription expires, or you end the contract as described in clause 9, or we end the contract by written notice to you as described in clause 11 (whichever happens first).
8.2 We are not responsible for delays outside our control. If our supply of the Service is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract without any charge to you.
8.3 Reasons we may suspend the supply of the Service to you. We may have to suspend the supply of the Service to:
(a) deal with technical problems or make minor technical changes;
(b) update the Service to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Service as notified by us to you (see clause 6).
8.4 Your rights if we suspend the supply of the Service. We will contact you in advance to tell you we will be suspending supply of the Service, unless the problem is urgent or an emergency. If we have to suspend the Service for longer than four days in any month, we will adjust the price of your subscription so that you do not pay for the Service while it is suspended. You may contact us to end the contract for the Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than four days and we will refund any subscription fee you have paid in advance for the Service in respect of the period after you end the contract.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 You can always end your contract with us. Your rights when you end the contract will depend on the circumstances:
(a) If the Service is faulty or misdescribed you may have a legal right to end the contract (please see clause 12 for details);
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
(c) If you have just changed your mind about the Service, see clause 9.3;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.5.
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full in relation to any period for which the Service has not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Service or these terms which you do not agree to (see clause 7.2);
(b) we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Service may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Service for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than four days; or
(e) you have a legal right to end the contract because of something we have done wrong.
9.3
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
Please note that if you are a business, this right does not apply to you.
9.4 How long do I have to change my mind? If you are a consumer, you have 14 days after the day on which we email you to confirm we accept your order for a subscription.
9.5 Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 9.1), you can still contact us before it is completed and tell us you want to end it. The contract will not end until the end of the subscription period in which you contact us. We will not refund to you the subscription fee in relation to the subscription period in which you cancel (or any previous subscription period) if you decide to cancel under this clause 9.5.
10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call us on 01242 220320 or email us at
team@coacha.co.uk. Please provide your name, address, details of the subscription and, where available, your phone number and email address.
(b) Online. You can cancel your contract from your Coacha club profile page.
(c) By post. To cancel by post, please express your wish to cancel your contract in writing and post to Coacha Software Limited, Hatherley Lane, Cheltenham Film Studios, Gloucestershire, GL51 6PN.
(d) By logging in to your account. Please log in to your account and follow the instructions for cancellation. Please note that you will not be able to do this if you are logging in via a mobile app.
10.2 How we will refund you. Where relevant, we will refund you the price you paid for the Service by the method you used for payment.
10.3 When your refund will be made. We will make any refunds due to you as soon as possible.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you fail to pay us. We may end the contract at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 31 days of us reminding you that payment is due.
11.2 Other circumstances in which we may end the contract. The contract between us will automatically cease without notice in any of the following circumstances:
(a) if you do not renew your subscription when it expires or if you do not take up a paid subscription once any free trial period ends;
(b) if you commit a material or persistent breach of these terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
(c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
11.3 We may withdraw the Service. We may write to you to let you know that we are going to stop providing the Service. We will let you know at least five days in advance of our stopping the supply of the Service and will refund any sums you have paid in advance for any period during which the Service will not be provided.
12. IF THERE IS A PROBLEM WITH THE SERVICE
How to tell us about problems. If you have any questions or complaints about the Service, please contact us. You can telephone us on 01242 220320, email us at
team@coacha.co.uk, or write to us at Coacha Software Limited, Cheltenham Film Studios, Hatherley Lane, Cheltenham, GL51 6PN.
13. PRICE AND PAYMENT
13.1 You will be given a free 14-day initial trial of the Service, commencing on the date on which we notify you that your order for a subscription has been accepted (please see clause 3.1 above). You will not be charged for use of the Service during this period. On expiry of the 14-day trial period, you will be charged for your use of the Service as described in this clause 13.
13.2 Where to find the price for the Service. The price of the Service (which includes VAT) will be the price indicated on the subscription pages when you placed your order for a subscription. We take all reasonable care to ensure that the price of the Service advised to you is correct. However please see clause 13.4 for what happens if we discover an error in the price of the subscription you order.
13.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Service, we will adjust the rate of VAT that you pay.
13.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the subscriptions we sell may be incorrectly priced. We will normally check prices before accepting your order for a subscription so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated on our website, we will contact you for your instructions before we accept your order for a subscription.
13.5 When you must pay and how you must pay. We accept payment with Visa, Visa Electron, Maestro, Master Card, American Express, Switch, Delta, and Solo. Payments will be taken on the day that you sign up for a subscription (other than a free trial) for the following 14days. Subsequent payments will be charged every 14days thereafter until your contract is terminated.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
This clause 14 only applies to you if you are a consumer.
14.1 The Service and the Software are not bespoke. You acknowledge that the Software and the Service have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software and the Service meet your requirements.
14.2 Reliance on the Software, the Service and any information. You acknowledge that the Software, the Service and the information accessed through them should not in any circumstances be relied on:
(a) to obtain information in the event of an emergency; or
(b) as the sole record of any incidents or accidents; or
(c) as the sole record of the information stored via the Software / the Service,
and they have not been supplied to you for this purpose. We do not accept any liability whatsoever in connection with you or a third party relying on such information for these purposes.
14.3 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.4 We are not liable for business losses. We only supply the Service for domestic and private use. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.5 We do not accept liability if you fail to carry out back-ups. We do not accept any liability to you or any third party for loss of data or the consequences thereof if you are in breach of your obligation to carry out regular back-ups of such data in accordance with clause 5.4(f) above.
14.6 Our maximum total liability to you. Our maximum aggregate liability under or in connection with this contract (including your use of the Service) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount of any subscription fees paid by you in relation to the Service over the calendar year preceding any claim. This does not apply to the types of loss set out in clause 14.7.
14.7 What we don’t exclude liability for. Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
This clause 15 only applies if you are a business.
15.1 You acknowledge that the Software, the Service and the information accessed through them should not in any circumstances be relied on:
(a) to obtain information in the event of an emergency; or
(b) as the sole record of any incidents or accidents;
(c) as the sole record of the information stored via the Software / the Service,
and they have not been supplied to you for this purpose. We do not accept any liability whatsoever in connection with you or a third party relying on such information for these purposes.
15.2 We only supply the Service for internal use by your business, and you agree not to use the Service for any resale purposes.
15.3 Nothing in these terms of service or the contract between us limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other matter which by law we are not entitled to limit or exclude.
15.4 We do not accept any liability to you or any third party for loss of data or the consequences thereof if you are in breach of your obligation to carry out regular back-ups of such data in accordance with clause 5.4(f) above.
15.5 Subject to clauses 15.3 and 15.4, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract between us for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
15.6 Subject to clauses 15.3 and 15.4, our total liability to you in respect of all losses arising under or in connection with the contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of any subscription fees you have paid in the 12-month period preceding the claim.
15.7 Except as expressly stated in these terms of service, we do not give any representation, warranties or undertakings in relation to the Service or its suitability for your specific requirements. Any representation, condition or warranty which might be implied or incorporated into these terms of service by statute, common law or otherwise is excluded to the fullest extent permitted by law.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1
How we will use your personal information. We will use the personal information you provide to us:
(a) as described in our
privacy policy.
Please take the time to read this, as it contains specific details about how your personal data (including any special category data we may hold about you, such as medical details) will be used;
(b) to supply the Service to you;
(c) to process your payment for the Service; and
(d) if you agreed to this during the order process, to inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
16.2 Where you provide us with personal information regarding third parties (such as members of the sports team you manage, or their next of kin), you are solely responsible for:
(a) ensuring that those third parties have consented to us using their personal data (including any special category data such as medical details) for the purposes set out in our
privacy policy; and
(b) drawing the attention of those third parties to the terms of our
privacy policy which are freely available on our website.
You agree to indemnify us (reimburse us on demand) in respect of any financial losses we may suffer as a result of any breach by you of this clause 16.2.
16.3 We will only give your personal information to third parties where the law either requires or allows us to do so, or as stated in our
privacy policy.
17. OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within seven days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Service, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Service in either the Northern Irish or the English courts.