Terms and Conditions for users
1. Who We Are and Contacting Us
TeamFeePay (the Platform) is a platform operated by Concept Apps Ltd (we, us or our) and accessible through our website at www.teamfeepay.com or as may be amended from time to time (the Site). We are registered in Northern Ireland under company number NI629473 and have our registered office at Office Catalyst, The Innovation Centre, Queen’s Road, Belfast, BT3 9DT. Our VAT number is GB220507651. To contact us, please email email@example.com.
“TeamFeePay” and the TeamFeePay logo are our trademarks and intellectual property. You are not permitted to use them without our approval.
2. Applicability and Acceptance of these Terms
By using the Site and Platform, you confirm that: you are eighteen years of age; you are legally allowed to enter into legal agreements like these Terms (on your own behalf and on behalf of any other person when you access the Site or Platform on their behalf); and you accept and agree to comply with these Terms, the Processing Notice and other terms and conditions that may apply to specific functionalities of the Site or Platform (such as lotto or lotteries) and which are notified to you from time to time. If you do not agree to these Terms, you are not authorised to, and must not, use our Platform.
3. Changes to these Terms
We can and do amend these Terms from time to time. If we make changes that materially affect your use of our Site or Platform we will notify you by posting notice of the change on the Site or Platform. Any changes to these Terms will be effective upon our posting of notice of the changes.
Every time you wish to use our Site or Platform, please check these Terms here to ensure you understand the Terms that apply at that time. This version of these Terms was most recently updated on 19th August 2021.
4. Permitted Uses of Our Site & Platform and Support
Our Platform provides a platform for Clients to manage and coordinate their organisation’s general administration and operations, memberships, shop sales, fundraising activities (each as relevant) where the Platform’s functionality allows, and to process payment for each where necessary.
We are not obliged to accept any organisation or user on our Platform at any time and may suspend or terminate your account with us at any time and for any reason, at our absolute discretion.
The Platform is accessible using generally available computer equipment, and you are required to obtain and maintain such equipment and network connectivity in order to access and use the Platform. You must also obtain and maintain access to your own account on our nominated third-party payment service provider (such as Stripe).
If you have any technical issues with the Site or Platform, please contact our support team by emailing firstname.lastname@example.org.
We reserve the right at all times to display and communicate third party advertisements and promotions (whether targeting Users or others) on and through the Site and Platform.
When using the Platform, you warrant and represent that all information you provide to us is accurate, complete and true.
5. Cancelling your Account
If you wish to remove your account from our Platform, for any reason, please contact your club/organisation administrators directly and ask to be removed from the Platform. If any issues arise, please contact us by email.
6. Your Account Details
If you choose, or you are provided with, a User identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you should change your password immediately.
7. Changes to, Withdrawal of & Reliance on, our Site & Platform
Our Site and Platform, and the content on them, are provided only on an “as-is” and “as available” basis.
Our Site and Platform are made available free of charge to users, and basic access is given to Clients free of charge (as further detailed in the Charges section below).
You should be aware that we may update and change our Site and Platform from time to time, and that we do not guarantee that our Site or Platform, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site and Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
If any information about you as a User featured on our site becomes inaccurate or incomplete at any time, you agree to inform us as soon as reasonably possible, or update such information directly, where you have the ability to do so.
8. Use of Material on our Site & Platform
We are the owner or the licensee of all intellectual property rights in our Site and Platform and in the material published on it (other than the material that Clients and Users upload to the Platform). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy and may download extracts, of any page(s) from our Site and Platform for your personal use and you may draw the attention of others you know to content posted on our Site and Platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of our content must always be acknowledged, but you must not represent or distort any content that we do not own as being ours or endorsed by us.
9. User-Generated Content
Our Site or Platform may include information and materials uploaded by others, including information about Clients and Users. This information and these materials have not been verified or approved by us. The views expressed by other Users or Clients on our site do not represent our views or values.
10. Interactive Services
We may from time to time provide interactive services on our Site or Platform, including, without limitation messaging and feedback functionality (together with interactive services).
We will try to assess any possible risks for Users from third parties when they use any interactive service provided on our Site or Platform. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site or Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards.
If you have any complaints about content uploaded to our Site or Platform by users or Clients, you can contact us using the contact details provided above.
11. Our Rights over Uploaded Content
When you upload or post content to our Site or Platform, you grant and/or warrant that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, transferable and sub-licensable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
You also permit any other user or Client to access, view, store or reproduce the material for their personal use. You also grant us the right to edit, copy, publish and distribute any material that you make available on the site.
12. Uploading Content
Whenever you make use of a feature that allows you to upload content to our Site or Platform, or to make contact with other users, or with Clients directly, you must comply with the content standards set out below.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site or Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users and Clients a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described below.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site or Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any contribution you make on/to our Site or Platform in our absolute discretion.
You are solely responsible for securing and backing up your content.
These content standards (Content Standards) apply to any and all material which you contribute to our Site or Platform (Contribution), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, at our sole discretion, whether any Contribution breaches our Content Standards.
Any Contribution must:
- be accurate (where it states facts).
- be genuinely held (where it states opinions).
- comply with the law applicable in Northern Ireland and in any country from which it is posted.
A Contribution must not:
- be defamatory of any person;
- be obscene, offensive, hateful or inflammatory;
- bully, insult, intimidate or humiliate;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trademark of any other person;
- be likely to deceive any person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be in contempt of court;
- be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass or alarm any other person;
- impersonate any person, or misrepresent your identity or affiliation with any person;
- give the impression that the Contribution emanates from us or one of our employees if this is not the case;
- advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
- contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
- contain any advertising or promote any services or web links to other sites.
13. Prohibited Uses
You may use our Site and Platform only for lawful purposes. You may not use our Site or Platform:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for link building purposes;
- if you are not able to form legally binding contracts or are under the age of 18;
- for the purpose of harming or attempting to harm others in any way;
- to bully, insult, intimidate or humiliate any person;
- to attempt to, or actually access data not intended for you, such as logging into a server or an account which you are not authorised to access;
- to attempt to scan, or test the security or configuration of our site or to breach security or authentication measures without proper authorisation;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), or any other chain letters or to promote any pyramid schemes; or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to harvest or otherwise collect information about users, including email addresses without their consent, or otherwise access, monitor or copy any content or information from our site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
- not to act illegally or maliciously against our business interests or reputation, or that of Clients or other users;
- not to reproduce, duplicate, copy or re-sell any part of our Site or Platform in contravention of these Terms;
- not to take any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion) supporting our Site or Platform;
- not to access without authority, interfere with, damage or disrupt:
- any part of our Site or Platform;
- any equipment or network on which our Site or Platform are stored;
- any software used in the provision of our Site or Platform; or
- any equipment or network or software owned or used by any third party.
14. Transmission of Information
Because we do not control the security of the internet or other networks you use to access our Site or Platform or communicate with us, we cannot be, and are not, responsible for the security of information that you choose to communicate with us and our Site or Platform while it is being transmitted. In addition, we are not responsible for any data lost during transmission.
15. Linked Websites
Where our Site or Platform contains links to other sites and resources provided by third parties, these links are provided for your information or ease only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over, and shall not be held responsible for, the contents of those sites or resources.
16. Our Responsibility
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.
Without limitation to any other disclaimers or limitations expressed within these Terms:
- We do not give any guarantee or commitment regarding the availability of the Site or Platform. In particular, we reserve the right to remove the availability of all or part of the Site or Platform at any time without notice in order to provide scheduled or unscheduled maintenance or for any other reason;
- We hereby disclaim any and all representations, warranties and conditions, whether express or implied, as to the operation of our Site or the Platform or the content, statements or other information contained on either, including, but not limited to those of title, non-infringement, merchantability, availability, timeliness, and fitness for a particular purpose;
- We disclaim all liability, however arising, for any loss or damage in excess of the total amounts actually received by us from you over the period of 12 months immediately preceding the date of the relevant claim;
- We will not be liable to you or anyone for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our Site or the Platform; or use of or reliance on any content displayed on our Site or the Platform;
- In particular (and without limitation to any other provision within this clause 12), we will not be liable for your:
- Inability to make any payments through or using the Platform at all or in a timely way;
- Loss of profits, sales, business, or revenue;
- Business interruption;
- Damage or loss of use of any other software or hardware used in conjunction with the Site or Platform;
Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation;
- Loss of, damage to, or corruption of data; or any indirect, special, punitive or consequential loss or damage,
Whether those losses are foreseeable, known, foreseen or otherwise; and
- You expressly agree that use of the Site and the Platform is at your sole risk. Neither us nor our affiliates or any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of our Site or the Platform will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of our Site or the Platform; or the accuracy, completeness, reliability or content of any information (including, but not limited to, product descriptions) provided through our Site or the Platform.
As with any contract, you should review carefully the details of any Client, and the goods and services they offer, to ensure that they are appropriate. You make any arrangements with Clients (for goods, services, subscriptions and everything else) at your own risk.
You agree to defend, indemnify and hold harmless us, our group companies, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including reasonable professional fees in respect of any goods, services or subscriptions or any other interaction or arrangement entered into between you and Clients, and any use of our Site or Platform in violation of these Terms.
You also hereby release us from any and all claims or liability related to any action or inaction by Clients or by yourself, including your or their failure to comply with applicable law and/or your/their failure to abide by the terms of a contract placed through the Site or Platform, and any conduct or speech, whether online or offline, of any other user or Client.
18. Interaction with Clients
We provide a platform to allow Clients and users to find and transact with one and other. We are neither the buyer nor the seller in these transactions and take no responsibility for the interactions between both parties (including for defective or non-provided goods, services or subscriptions) or other complaints or issues between the parties.
Without prejudice to the foregoing, in all interactions and dealings with Clients, you agree:
- Not to obtain or use any user information that is not your information for any commercial purpose, including, but not limited to, marketing;
- To act in a reasonable and courteous manner, honouring any commitments you have made or contracts you have entered into with Clients, and treating them with respect;
- Not to break any law;
- Not do or say anything defamatory, obscene, offensive, hateful or inflammatory, violent or sexually explicit;
- Not bully, insult, intimidate or humiliate;
- Not breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
- Not impersonate any person, or misrepresent your identity or affiliation with any person.
19. Charges, Refunds & Disputed Payment Charges
You will not be charged to use our Site or Platform, other than any payment processing fees that may be levied by our payment processing service providers and if the Client has selected that you should pay our fees, the fees we charge on the payments processed using the Platform that will be made clear at the time of making payment.
We simply provide a platform for you to contract directly with Clients and are not agents of Clients nor do we have the authority to handle any complaints or refund requests. We cannot issue any refund for payments you have purchased through our Site or Platform without the approval of the Client. If you wish to seek a refund from the Client, you must contact them directly.
If a refund is required due solely to an act or omission by us (such as payments being processed by the Platform in error), we will refund the full amount charged, including the processing fees charged by us and our third-party payment service provider, subject to you or the Client informing us that an error has occurred within a reasonable period of time.
However, if a refund is to be made for any other reason (i.e. where we were not at fault), we will refund the amount charged, less: the processing fees we charged on the original transaction and the refund; and any amounts we have been or will be charged by any third party in respect of the original transaction or the refund.
You must note that we may be charged by third parties (such as £45 being charged by some banks) in the event that you issue a payment dispute (or similar) to such third parties. If we are charged any amount by a third party for payments taken by us without any fault on our part, we will issue an invoice to the Client for that amount (who may then seek to recover that amount directly from you).
We do not guarantee that our Site or Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site or Platform. You should use your own virus protection software.
You must not misuse our Site or Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site or Platform will cease immediately.
21. Breach of these Terms
When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate. Failure to comply may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Site or Platform;
- Immediate, temporary or permanent removal of any Contribution uploaded by you to our Site or Platform;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you; or
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
22. Governing Law and Jurisdiction
These Terms their subject matter and their formation (and any non-contractual disputes or claims) are governed by Northern Irish law. We both agree to the exclusive jurisdiction of the courts of Northern Ireland.
23. Additional Provisions
No waiver by either you or us of any breach or default or failure to exercise any right allowed under these Terms is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of these Terms invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms, and the remaining portions of these Terms shall continue in full force and effect.
The provisions of these Terms apply equally to and are for our benefit, and that of our parent companies, subsidiaries, subsidiaries of parent companies, affiliates and third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
We will not be liable for any default or delay in the performance of our obligations under these Terms due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events, to the extent such event is beyond our reasonable control.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
These Terms constitute the entire agreement of the parties.