Online Subscription Agreement

Terms and Conditions

Please read this agreement carefully as it governs your use of the My Club Pro website product (your Subscription) and limits our liability to you. By clicking “I accept” on the ordering page of our website you are forming a contract and agreeing to the terms that appear below for use of your new My Club Pro website (Service). References to “you” and “your” are to you as an individual. If you use the Service in the course of your business or Football Club, you are also agreeing to this agreement on behalf of that business or Football Club and references to “you” and “your” include your business or Football Club.

GENERAL TERMS

1. PROVISION OF SERVICE

1.1 The Service is provided by My Club Pro Limited, of Regal House, 13 Albion Place, Maidstone Kent, ME14 5DY (Supplier/We/Us). You will receive access to the Service following payment for the period of your Subscription.

1.2 You acknowledge that you have provided the Supplier with accurate and complete registration information and that it is your responsibility to update the Supplier of any changes to that information (including your email address) by emailing enquiries@myclubpro.co.uk.

1.3 Each registration is for a single site license only. On registration, you will be allocated a user name and password (ID). You are responsible for all use of the Service using your ID and for preventing unauthorised use of your ID.

1.4 If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify the Supplier immediately by emailing enquiries@myclubpro.co.uk. If the Supplier reasonably believes that your ID is being used in any way which is not permitted by this agreement, the Supplier reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved.

1.5 The Supplier is continually seeking to improve the Service. The Supplier reserves the right, at its discretion, to make changes to any part of the Service provided that it does not materially reduce content or functionality.

1.6 Initial subscription term (Term) is for 12 months from the date of your first payment.

1.7 Following your acceptance of this agreement, the Supplier will make the Service available to you and except as set out in this agreement you will have no right to cancel the contract before the end of the Term once we have done so.

2. Authority and License for use of Service

2.1 We hereby grant you on the terms and conditions of this agreement a non-exclusive, non-transferable licence for the Term to access your Service;

2.2 You shall not store, distribute or transmit any material through the Service that is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities;

3. LIMITED RIGHTS TO USE CONTENT

3.1 All material displayed on the Service (Content) belongs to the Supplier or its licensors. You may:

(a) retrieve and display the Content on a computer screen;
(b) print individual pages on paper and store such pages in electronic form on disk and on your PC (but not on any other server or other storage device connected to an external network); and
(c) bookmark or link to any part of the Service, for your own use.

3.2 Copyright in any software that is made available for download for the participation in the Service (Software) belongs to the Supplier or its suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software.

4. FEES

4.1 The first fee for your initial Subscription will be payable on the day you subscribe for the Service. Subsequent fees for your Subscription (Subscription Fee) is calculated and payable either monthly or yearly depending on your choice of payment terms on the same day of the start of your Subscription (unless otherwise stated). If you have a recurring billing payment scheduled for a day that does not occur in a given month (e.g. the 30th does not occur in February), the bill will occur on the last available day of the month. Thereafter, the payment will occur on the newly established day of the month. The Supplier shall be under no obligation to provide the Service until the Subscription Fee has been paid.

4.2 There is no reduced fee trial on offer at this current time.

4.3 Your subscription fee and recurring billing will be processed through direct debit with our standard payment processor which is GoCardless. We are governed by their terms of sale which can be found at https://gocardless.com/legal

Your Subscription will automatically renew upon the expiry of your current Subscription. If you fail to pay the Subscription Fee for any subsequent month within a period of 14 days from and including the date of your then current Subscription, the Supplier may suspend your access to the Service until your Subscription Fee is paid.

5. PAYMENT SYSTEM AND TRANSACTION FEES

5.1 My Club Pro Ltd is partnered with GoCardless Ltd integrating their direct debit system into our product control panel for payment collection.

5.2 My Club Pro fees are 1.5% per transaction for Starter and Intermediate package subscribers and 1% per transaction for Pro package subscribers. An additional 1% fee per transaction is charged by GoCardless Ltd.

6. WARRANTIES

6.1 The Supplier warrants that:
(a) it will use reasonable skill and care in making the Service available to you and in ensuring its availability during your Subscription;
(b) it has the right to license the Content under this agreement; and
(c) it will take reasonable steps to ensure that the software it provides as part of the Service is virus free.

7. LIMITATION OF LIABILITY

7.1 The Supplier will use its reasonable endeavours to remedy faults in the Service during the Subscription. If we are in breach of this agreement, you agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to an amount equivalent to the Subscription Fee paid or payable in relation to your use for the relevant year of the Service. Where you are still in the trial period, your only remedy will be a refund of the fee you paid to access the Service for the trial period.

7.2 The Supplier will not be liable for any business losses such as lost data, lost profits or business interruption arising from your use or inability to use the Service or from any action taken (or refrained from being taken) as a result of using the Service.

8. PRIVACY POLICY

The information that you provide about yourself to the Supplier will only be used by the Supplier in accordance with its Privacy policy. Please read the Privacy policy carefully and if you have any questions please email enquiries@myclubpro.co.uk.

9. NOTICES

9.1 All notices shall be given to the Supplier via email at enquiries@myclubpro.co.uk or by post at My Club Pro Limited, of Regal House, 13 Albion Place, Maidstone Kent, ME14 5DY; or to you at either the email or postal address you provide during any ordering process.

9.2 Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

10. LINKS

The Service contains links to other web sites and resources, and, where possible, the Supplier will make clear where such links are being made. Independent third parties provide these sites and the Supplier is not responsible and shall not be liable for the availability or content of these outside resources.

11. TERMINATION

11.1 This agreement and your access to the Service may be terminated by written notice if you are in material breach of this agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe you are in breach of clause 3 we may suspend your access to the Service.

11.2 You may terminate this agreement and receive a pro-rata refund if the Service is discontinued or if we are in material breach of this agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to us.

12. GENERAL

12.1 We may transfer and/or assign our rights and/or our obligations under this agreement. This will not affect your rights under this agreement. You may not transfer any of your rights or obligations under this agreement.

12.2 Nothing in this agreement shall confer your rights on any other person.

12.3 If you breach this agreement and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach this agreement.

12.4 This agreement, together with the Privacy policy and any additional terms on the Service, represents the entire terms agreed between the parties in relation to its subject matter and may be amended only by our agreement in writing.

12.5 This agreement shall be governed by English law.

12.6 We will try to solve any disagreements quickly and efficiently. If you want to take court proceedings in relation to this agreement you must do so in the United Kingdom.