TERMS AND CONDITIONS OF USE

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 Total Football Ltd (registered number 11906184), a company registered in England and Wales whose registered address is at Ashbury Works, Gorton Road, Manchester, M12 5AD (“Total Football” or “Refsuite”). Any references to “we”, “us” or “our” shall be taken as references to Total Football. 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 Total Football, football competitions, 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 Total Football or any of its group companies, affiliates, employees, directors or officers.

9. Ownership of Materials on the Media and Intellectual Property Rights

Total Football 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 Total Football 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 Total Football 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 Total Football 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 Total Football 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 Total Football 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 Total Football and its affiliates for all legal fees, claims, liabilities, damages, costs, losses and other expenses that may be incurred or suffered by Total Football 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 Total Football 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

Total Football 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, Total Football 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. Total Football 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 Total Football and its affiliates for all legal fees, claims, liabilities, damages, costs, losses and other expenses that may be incurred or suffered by Total Football 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 hello@refsuite.co.uk. If you have comments or questions which specifically relate to data protection, please contact dataprotection@refsuite.co.uk.

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 REFSUITE APP

If you are using The Refsuite App (“Refsuite”), 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 Refsuite 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 Refsuite. The parent or legal guardian must create a parental account, which may be associated (or ‘linked’) with a youth account. All users of Refsuite are required to have an active email address, and must provide this email address to use Refsuite.

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, Total Football is not liable for any losses suffered by the user.

3. PayPal

Refsuite uses PayPal as a payment provider, and any payments made by you on Refsuite (whether by debit or credit card, or via PayPal) may be processed by PayPal. By making a payment on Refsuite 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 Refsuite and/or on any PayPal web page to which you are directed from Refsuite, will be subject to PayPal’s privacy policy.

4. Third Party Logos and Links

From time to time, Refsuite may display logos owned or licensed by Total Football’s commercial partners. 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 Total Football’s commercial partners, then please do not use Refsuite.

Without prejudice to the ‘External Links’ section of the general terms and conditions of use above, from time to time Refsuite 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 Refsuite, but this does not mean that Total Football 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.

Total Football 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 REFSUITE WEBSITE

If you are using the Refsuite website (“Portal”) as a league, club, referee, guardian or player in addition to the above general terms and conditions of use, the following additional terms and conditions shall apply:

DEFINITIONS

Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures have the meaning as defined in the Data Protection Legislation;

Data Protection Legislation means the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party processing Personal Data (including, without limitation, the privacy of electronic communications); and

UK Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

1. DATA PROTECTION

1.1 You acknowledge that for the purposes of the Data Protection Legislation, your league and club are the Controllers and Total Football is the Processor except for its limited independent uses of data as described within Total Football’s Privacy Policy. This Privacy Policy sets out the scope, nature and purpose of processing by Total Football both on its behalf and on behalf of your league and club, the duration of the processing and the types of Personal Data and categories of Data Subject.

1.2 Your league and club will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to Total Football and/or lawful collection of the Personal Data by Total Football on behalf of your league and club for the duration and purposes of this agreement.

1.3 Total Football shall, in relation to any Personal Data processed in connection with the performance of processing services by Total Football in relation to the Portal:

(a) process that Personal Data only on the documented written instructions of your league and/or club, which are set out in these terms and conditions unless Total Football is required by applicable laws to otherwise to process that Personal Data. Where Total Football is relying on applicable laws as the basis for processing Personal Data, Total Football shall promptly notify the relevant league and/or club of this before performing the processing required by applicable laws unless those applicable laws prohibit Total Football from so notifying the leagues and/or clubs;

(b) ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

(c) ensure that all personnel who have access to and/or process Personal Data are contractually obliged to keep the Personal Data confidential; and

(d) not transfer any Personal Data outside of the United Kingdom or European Economic Area unless the prior written consent of the relevant league and/or club has been obtained;

(e) assist the leagues and clubs, at the leagues and clubs’ cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

(f) notify the relevant league and/or club without undue delay on becoming aware of a Personal Data Breach;

(g) at the written direction of the relevant league and/or club, delete or return Personal Data and copies thereof to the league and/or club at the point the league and/or club no longer uses Full Time, unless required by applicable law to store the Personal Data;

(h) make available to the relevant league and/or club such information as may reasonably be necessary to demonstrate its compliance with its obligations under this paragraph 1.3, including, at the relevant leagues and/or club's cost, allowing for and contributing to audits conducted by the relevant league and/or club; and

(j) enter into a written agreement incorporating terms which are substantially similar to those set out in this paragraph 1.3 with any third party processor used by Total Football in respect of the Personal Data. The clubs and leagues generally consent to Total Football appointing any such third party processor, and Total Football will update these terms and conditions to inform the clubs and leagues of any intended changes to the appointment of such third party processors. In the event that a club or a league objects to the use of a new third party processor, the club or league may terminate their use of the Portal.

Last updated: 8 June 2023