These Terms of Service ("Terms") govern your access to and use of the services, including our various websites, SMS, APIs, email, applications, ads, domains and general services ("Service"), and any information, text, graphics, photos, videos or other materials uploaded, downloaded or appearing on the Service ("Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
1. GENERAL SERVICES
1.1 Proballer (International) Limited ("Proballer") will provide the following services:-
1.1.1 Access to the online members' administration tool.
1.1.2 Web based communication tools; including push notifications and email.
1.1.3 Mobile applications.
2. CLIENT'S OBLIGATIONS
2.1 You agree by using Proballer's services to the following terms:-
2.1.1 It is your responsibility to ensure that all content is true; not misleading and is not abusive or of ill nature. Proballer will not be held responsible in any circumstance for any matters arising from a breach of this obligation and shall have the right to terminate your service forthwith in the event of any such breach.
2.1.2 You warrant that you own the copyright or have the reproduction rights of all artwork, trade names, photographs and other materials supplied to Proballer.
2.1.3 Proballer has full permission and rights to advertise and generate revenue from advertising.
3. LIMITATION OF LIABILITY
3.1 In respect of any of the information provided by you, Proballer will display this on the basis that:
3.1.1 All information received from you is accurate, complete, not misleading and up to date.
3.1.2 You fully understand that Proballer will not be held responsible for legal action arising from your content, or any other 3rd party.
3.2 Proballer arranges hosting of services for you using third parties. In this respect Proballer act as your agent and you accept that the third party hosting company has sole liability to provide hosting services. Proballer make no warranty or guarantee as to the availability or non-interruption of these hosting services and Proballer cannot accept liability for losses caused by the unavailability, malfunction or interruption of the hosting services.
3.2.1 And you hereby indemnify and hold harmless Proballer against all costs, losses damages and liabilities whatsoever arising out of or relating to the inaccuracy of any information provided by you or a breach by you of the obligations or warranties contained in clause 2 above.
4. NO RIGHTS IMPLIED
4.1 No licenses or any other rights under any patent, registered design, copyright, design right or any similar right belonging to Proballer are implied or granted under this Agreement.
4.3 All rights and ownership of registered domain names belong to Proballer and Proballer shall own the full copyright of all graphics, text and scripts. You may not alter or remove the contents of the website.
5. PAYMENT AND FEES
5.1 The cost of using Proballer is £4.99 + vat per month, per club.
5.2 From time to time, Proballer may offer additional services which may be chargeable + vat.
5.3 All online payments are processed via 3rd party payment providers. Proballer will not have access to your card and/or bank details at any time.
5.4 If we are unable to collect payment for any reason or you fail to pay the charges, we may suspend the Service until we receive payment in full and in cleared funds.
5.5 Proballer reserve the right to change the charges at any time by giving you not less than 30 days' notice.
6.1 Customer service support. Proballer will endeavor to respond to any questions that you may have within 1 working day of receipt of your query. All queries about our service should be submitted via email to firstname.lastname@example.org.
7.1 This Agreement shall be governed by English Law and proceedings arising out of or in connection with this Agreement may be brought in any court of competent jurisdiction in England.
8.1 In the unlikely event that you have a complaint to make about the service you've received, this should be submitted by email to email@example.com, or by post to Proballer International Limited, Europa House, Southwick Square, Southwick, West Sussex. BN42 4FJ. We will endeavour to reply within 1 working day.