WEBSITE AND PORTAL TERMS

Last updated: 12 September 2024

 

These terms and conditions (including all their parts and referenced materials) (together, the terms) between Pineamite Ltd of 38 Kidbrooke Grove, London, England, SE3 0LG (we, us, our) and each of our users (you, your, user) govern all aspects of our website, portal, sale of merchandise and related services (or any part of them) (each a service), and your access to, and use of, our services.

 

Our users can browse our website for information, sporting content, merchandise for sale and explore other functionalities and features of our services. Our registered users can access personalised sporting content in our portal, depending on user preferences and user permissions granted by us. Our services are not guaranteed, and our liability is limited. Please read these terms carefully.

 

Unless the context otherwise requires, any defined expression in bold shall have the same meaning throughout these terms.

 

1.         Our terms apply

1.1.      In exchange of mutual promises the value of which is hereby acknowledged, the parties agree to these terms. By accessing or using our service you agree to and accept to be bound by these terms.

1.2.      You must comply with our terms prior to any use of our service, whether it is free or you paid for it. If you do not agree with our terms, you must not access or use our service.

1.3.      You are responsible for ensuring that all persons who access our service through your device are aware of these terms, and that they comply with them.

1.4.      Additional terms and conditions may apply to you if you use any third party services, content or features.

1.5.      We may amend these terms from time to time. We will notify you of any significant changes. However, by continuing to access or use our service, you agree to be bound by our latest terms.

1.6.      You represent that you are over the age of 18 and you must not access our service if you are not.

 

2.         User account

2.1.      Our website can be accessed by the public. However, if you wish to use our web portal, you may need to set up a user account and provide certain information about yourself.

2.2.      We will trust that the information provided by you is true, accurate and complete, and you shall let us know if there are any changes.

2.3.      You must safeguard your account access credentials and not share them with anyone. It is prohibited for two or more people to share one account. You must let us know without delay if you suspect that your account access credentials are known to another person or have otherwise been compromised.

 

3.         Your responsibilities

3.1.      You agree that you are solely responsible for:

(a)        complying with our Prohibited Acts schedule;

(b)        complying with the laws applicable to you and your use of our service;

(c)        complying with any additional terms presented to you when setting up an account with us;

(d)        complying with any applicable third party terms and conditions, such as app store, plug-in, feature or other terms;

(e)        securing your device by appropriate measures such as antivirus, antimalware, firewall and not making modifications in breach of licence terms;

(f)         ensuring that the device used to access our service is owned by you, that it meets minimum hardware requirements, is appropriately configured and secured, is connected to an appropriate network, and is always updated to the latest software;

(g)        all costs and expenses you may incur in relation to your use of our service; and

(h)        other responsibilities set out in these terms.

 

4.         Your use of our services

4.1.      We grant you a limited, revocable, non-exclusive, personal and non-transferable licence without the right to sublicense and for a limited duration to access and use our service and its parts only for your own personal and non-commercial information purposes in the way as made available or determined by us from time to time.

4.2.      We are the owner or the licensee of all intellectual property rights in our services including our information, content, tool, feature and any other material published in or generated by our service and for the avoidance of doubt, including the layout, design, format, arrangement or structure of such material. Those works are protected by copyright laws and treaties around the world and we may be bound by restrictions under a contract. We reserve all rights.

4.3.      You are not permitted to publish, disclose, modify, use to create derivative works or otherwise use in whole or in part any material published in or generated by our service.

4.4.      If we give you an express personal written permission to use any content, you must comply with our instructions and licence and not use such materials separately from any accompanying materials or text. Our status (and that of any identified contributors) as the authors of our service must always be acknowledged.

4.5.      If breach these terms, your right to use our service or any part of it will cease immediately and you must stop using it immediately and, upon request, immediately return and destroy any copies.

4.6.      We will monitor your use of our service for compliance with our terms. If we discover any breach by you, we will take appropriate steps to mitigate our loss or damage.

 

5.         Service availability and change of service

5.1.      Each service is provided on an ‘as is’ basis. Neither we nor any third party makes any representation or gives any warranty or guarantee, whether express or implied, that any service is available, compatible, error-free, consistent, risk-free, of good quality or fit for any purpose.

5.2.      We do not guarantee that any service will always be available or be uninterrupted. Each service is provided via the internet and interruptions, delays and other technical problems are unavoidable.

5.3.      Our services rely on various third party service providers, networks and internet-based intermediaries the operation of which is outside our control. We do not accept responsibility for any claim, loss or damage as a result of any service downtime, breach of confidentiality, exposure of your connection or other information caused by the fault or unavailability of such third party service.

5.4.      We reserve the right to amend, modify, restrict, suspend or remove any service at any time without prior notice to you and you should not rely on any service as a permanent source of information or utility. We will try to give you reasonable notice or display a public message of any prolonged suspension or withdrawal of any service.

 

6.         Sale of merchandise

6.1.      Placing an order. You can place an order by putting a product which is in stock in your basket on our website and paying for it. Our payment facility is provided by a third party responsible for your payment information.

6.2.      Acceptance or rejection. A confirmation of your order or your payment does not constitute our acceptance. We check every order before accepting it. Sometimes we reject orders, for example, if the product is out of stock or withdrawn by us, if we cannot deliver to your address, if the product was mispriced by us, if the tax rate changes or for other important reason. If we accept or reject your order, we will let you know. If we reject an order which is already paid for, we will issue a refund.

6.3.      Descriptions. The true colour, measurements, packaging or other features of a product may not exactly match our description or photos. If the difference is significant, you should contact us and provide evidence. If we uphold your claim, you can return the item to us for a refund.

6.4.      Delivery details. We will trust that our delivery assumptions and your delivery instructions are correct, unless you tell us otherwise. If we encounter unusual conditions that hinder our delivery, we will abandon delivery and contact you about re-delivery by appropriate means at your cost.

6.5.      Ownership. You will own your product once we have accepted your order and received payment in full.

6.6.      Late payment. We may charge interest on any overdue amount that you owe us at the rate of 5% a year above the Bank of England base rate from time to time; accruing on a daily basis from the due date until the date of actual payment, whether before or after judgment.

6.7.      Delay or non-delivery. Delivery of the product could be delayed by an event outside our control or we may decide to withdraw a product and its delivery if we are unable to reasonably fulfill your order. If this happens, we will contact you as soon as possible to let you know. We will not be liable to compensate you for the delay or non-delivery. However, you can contact us to cancel the purchase and request a refund, unless we reasonably believe that delivery is imminent. If we withdraw a product, we will automatically issue a refund.

6.8.      Your right to change your mind. If you buy online, you can let us know that you have changed your mind within 14 days of receiving the product, return the product to us at your own cost within 14 days of telling us you have changed your mind, and receive a refund of the initial price and delivery cost. You cannot change your mind in relation to a used or personalised product.

6.9.      Damaged product. If you think that the product is damaged and the damage was not caused by you, please contact us and provide evidence. If we uphold your claim, you can return the item to us for a refund.

6.10.   Refund. Any refund which you are entitled to under our terms or the law will be issued by us within 14 days of the relevant event, such as our rejection of your order or our receipt of a returned product.

6.11.   Cost of return. You will be liable for the cost of returning the product to us, unless the product is delivered damaged and does not correspond with our description or image in a significant way.

6.12.   Your consumer rights. For information about your legal rights please visit the Citizens Advice website www.citizensadvice.org.uk

 

7.         Our responsibility is limited

7.1.      If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching of these terms, 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.

7.2.      We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

7.3.      If defective digital content which we have supplied damages your device or your digital content and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for loss or damage caused by your failure to comply with your obligations, such as you failing to comply with our terms or following manuals or instructions.

7.4.      We will not be responsible for any delay outside our control or for something you could have avoided by taking reasonable action.

7.5.      If you use our service for any commercial, business or re-sale purpose (in breach of our terms) we will not be liable for any loss of profit, loss of business, business interruption or loss of business opportunity.

7.6.      You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third party content, feature, goods or services.

7.7.      To the extent permitted by law, neither we, nor any third party, shall be responsible for any claim, loss or damage that you may incur, either directly or indirectly, arising from any action or inaction that you take, or do not take, based on any information provided by us or any third party in our service.

7.8.      Subject to the foregoing, except where our liability cannot be limited by law, our entire liability to you in connection with, or arising from, your access to, or use of, our services shall be limited to £50.00.

 

8.         Suspension and termination for cause

8.1.      If you breach, or if we reasonably believe that you have breached, these terms or the law we may take appropriate action against you, including:

(a)        issue a warning to you;

(b)        immediately suspend or terminate your access to our service, content or user account;

(c)        issue legal proceedings against you, including for reimbursement of all loss, damage and costs (reasonable legal fees) resulting from your breach; and

(d)        disclose relevant information to law enforcement authorities and your employer (if you use our app in a professional capacity).

8.2.      Upon suspension or termination, your right to use our service and content will cease immediately.

8.3.      If you wish to terminate your access to our service or erase your account, you may simply discontinue using the service and use available functionality to delete your account data.

 

9.         Data Protection & Security

9.1.      We are a controller in relation to your personal data. Please see our privacy notice for more information about how we process your personal data. We will carry out analytics in relation to your use of our service for product development, optimisation, statistical and similar business purposes.

9.2.      Although we use reasonable endeavours to ensure that our service will be secure or free from bugs or viruses, we cannot guarantee it.

 

10.       General provisions

10.1.   Consideration. In exchange for mutual promises the value of which is hereby acknowledged, the parties agree to these terms.

10.2.   Complaints procedure. If you have any concern or dispute about our service, you agree to first try to resolve it by contacting us in writing and giving us time to respond. We will aim to acknowledge your query within 3 business days and propose a resolution within 14 days. Where this is not possible, we will let you know that our investigation is ongoing and when you can expect to hear from us. If you remain dissatisfied, we may suggest an alternative dispute resolution process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.

10.3.   Governing law. These terms are governed by English law, and you and we both agree that the courts of England shall have exclusive jurisdiction in relation to any contractual or non-contractual dispute arising from or in connection with these terms, except that if you are a resident of Wales, Northern Ireland or Scotland, you may also bring proceedings in those countries. We can claim against you in the courts of the country you live in.

10.4.   Assignment. We may transfer our rights and obligations under these terms to another organisation, for example, if our business is transferred or merged with another company.

10.5.   No rights of third party. These terms are between you and us, and no other person shall have any right under them.

10.6.   Severability. If any provision of these terms is held to be unlawful and/or unenforceable it shall be deemed deleted, but all the remaining provisions of these terms will continue in full force and effect.

10.7.   No waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these terms shall not affect either your or our ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

For any queries about these terms, please contact us at legal@pineamite.com

 

 

 

PROHIBITED ACTS SCHEDULE

 

Last updated: 12 September 2024

 

This schedule is incorporated by reference in, and subject to, our User Terms and our Website and Portal Terms and applies to all our users.

 

1.     You must not use our app or our service in any way that:

(a)     is illegal, prohibited or unethical;

(b)     causes loss, damage or other harm to us, our app, our service, any user, or any other person or gives rise to liability;

(c)     results in an infringement of a third party right or a breach of contract;

(d)     is in any way excessive or causes a material degradation in our app or to our service; or

(e)     makes any alteration to our service.

 

2.     You must not do or attempt to do any of the following:

(a)     copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of, our app or our service in any form or media or by any means;

(b)     decompile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form, all or any part of our app or our service;

(c)     license, sell, rent, lease, transfer, assign, distribute, display, disclose, commercially exploit, or otherwise make our app or our service available to any third party other than another user;

(d)     use all or any part of our app or our service or related materials in connection with another app, content or information which is similar to, or could compete with, our app or our service;

(e)     use our app or our service to manipulate headers, forge identifiers or conceal identity in order to disguise the origin of any content transmitted through our app or our service;

(f)      use our app or our service to access restricted communications or information;

(g)     use our app or our service to circumvent security, content management or other features;

(h)     use our app or our service to harm, threaten, ‘stalk’ or otherwise harass another person and/or business;

(i)      use our app or our service by scripting and using software to consume more resources than other users over a period of time; or

(j)      obtain, or assist third parties in obtaining, unauthorised access to our app or our service.

 

3.     You must not use our app or service to access, share or otherwise use any content or information which:

(a)     is not yours or has not been licensed to you with the right to grant us the licence under these terms;

(b)     is not accurate, reliable or appropriate;

(c)     is unlawful or promotes unlawful activity or violence;

(d)     is false or misleading;

(e)     is defamatory;

(f)      is obscene, offensive, hateful, inflammatory or mean-spirited;

(g)     is discriminatory, including references or commentary about religion, race, sexual orientation, gender, age, disability, national/ethnic origin, or other targeted groups;

(h)     is likely to harass, upset, disgust, embarrass, alarm or annoy any other person;

(i)      promotes or incites physical harm or injury against any group or individual, or promotes any act of cruelty to animals or environmental damage;

(j)      constitutes spam, contains advertising or unsolicited marketing;

(k)     infringes any contract or right;

(l)      impersonates any person or entity; or

(m)   breaches any legal duty or law.

 

4.     You must not conduct, instigate or authorise any:

(a)     attempt to gain unauthorised access to our app or our service, the server on which our app or our service is stored, or any server, computer or database connected to our app or our service;

(b)     denial-of-app attack on our app or our service;

(c)     load testing, penetration testing, security vulnerability scanning or similar activity on our app or our service;

(d)     introduction of a virus, trojan, worm, logic bomb or other material that is malicious, technologically harmful or seeks unauthorised access to information;

(e)     text or data mining or scraping in relation to our service including by way of any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our service (and we expressly reserve such use of our works and the works of our licensors); or

(f)      automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

 

5.     Our terms shall not restrict activities which are permitted by law. For example, you may be permitted by law to take limited action to achieve interoperability of our app or our service with other technology in limited circumstances. However, we encourage you to contact us first as we may be able to help achieve this. Any such permission at law shall be excluded to the fullest extent possible at law.

 

6.     Some of the prohibited activities could, if carried out, constitute a criminal offence. We will report any suspected criminal offence (e.g. hacking of our systems) to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.