Terms & Conditions
Sidst opdateret: August 9, 2018
GOALFURY – TERMS AND CONDITIONS OF USE OF SERVICES
In these terms and conditions (the “Terms”):“GoalFury IVS”, “we”, “us” and/or “our” means GoalFury IVS, a company registered in Denmark under company number 39235935 and with our registered office at Bogholder Alle 80, 2720 Vanlose.
“User”, “you” and/or “your” means any person who uses the services available via the App (as defined in section 1.1 below).
1. Introduction
1.1 We operate the GoalFury mobile app
available on iOS (the “App”).
1.2 These Terms set out the legal terms
and conditions on which you may use the services provided through the App (the
“Services”).
1.3 Please read these Terms carefully and make sure that
you understand them before you start to use the Services. We recommend that you print a
copy of these Terms for future reference.
1.4 By using the App you confirm that
you accept these Terms and that you agree to comply with them.
1.5 We may revise
these Terms at any time. You should check this page from time to time to take note of
any changes we make, as they are binding on you from the date that we make
them.
1.6 These Terms are only available in the English language.
2.
Defined Terms and Interpretation
2.1 In these Terms:
2.1.1
“Game” means a public (created by our staff) whereby you pick players to
your lineup in accordance with the relevant Rules;
2.1.2 “Customer
Account” means a customer account that has been opened by you through the App in
order to use the Services and is identified by way of an allocated account number
generated by us;
2.1.3 “Games Lobby” means the section of the App
through which registered users can join or create Contests;
2.1.4
“Match” means a professional football match played in any of the leagues
listed on the App (as updated from time to time);
2.1.5 “VAT” means
Value Added Tax; 2.1.6 a person includes a natural person, corporate or unincorporated
body (whether or not having separate legal personality);
2.1.7 references to the
singular include the plural and references to one gender include all genders;
3.
Your Customer Account Registration
3.1 If you do not already have a Customer
Account, you must register your personal details on the App in order to create a
Customer Account before you can use the Services.
3.2 In order to be eligible to
register for a Customer Account and use the Services you must:
3.2.1 be using the
Services for your own personal and non-commercial purposes;
3.2.2 ensure that
your use of the Services is permitted and in compliance with all applicable laws in your
territory or state; and
4. The Services
4.1 You can join a Game
through the Games Lobby, in accordance with the procedure set out on the App.
4.2
In order to participate in a Game:
4.2.1 you must follow the procedure set out on
the App in order to participate;
4.2.3 once you participate in the Game, you will
receive a confirmation message that the participation has been accepted.
5.
Limitation of Liability
5.1 All warranties, conditions and other terms implied by
statute or common law are, to the fullest extent permitted by law, excluded from the
Agreement.
5.2 We only provide the Services for your domestic and private use
only. You agree not to use the Services for any commercial or business purposes, and we
have no liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
5.3 If we fail to comply with the
Agreement, we are responsible for loss or damage you suffer that is a foreseeable result
of our breach of the Agreement or our negligence, but we are not responsible for any
loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an
obvious consequence of our breach or if they were contemplated by you and us at the time
we entered into the Agreement.
5.4 Nothing in the Agreement excludes or limits
our liability for:
5.4.1 death or personal injury caused by our
negligence;
5.4.2 fraud or fraudulent misrepresentation; or
5.4.3 any
other liability that cannot be limited or excluded by law.
5.5 This section 7
shall survive termination of the Agreement.
6. Events Outside our
Control
6.1 We will not be liable or responsible for any failure to perform, or
delay in performance of, the Services or any of our other obligations under the
Agreement, that is caused by an Event Outside Our Control. An Event Outside Our Control
is defined below.
6.2 An “Event Outside Our Control” means any act or
event beyond our reasonable control, including without limitation strikes, lock-outs or
other industrial action by third parties, civil commotion, riot, invasion, terrorist
attack or threat of terrorist attack, war (whether declared or not) or threat or
preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence,
epidemic or other natural disaster, failure of public or private telecommunications
networks, mechanical failure or any other act or event affecting our ability to perform
our obligations under the Agreement.
6.3 If an Event Outside Our Control takes
place that affects the performance of the Services or any of our other obligations under
the Agreement:
6.3.1 we will contact you as soon as reasonably possible to notify
you;
6.3.2 we shall not be liable to you as a result of any delay or failure to
perform the Services or any other obligation of our under the Agreement as a result of
an Event Outside Our Control; and
6.3.3 we shall use reasonable endeavours to
minimise any disruption to the Services.
7. How we use your Personal
Information
7.1 We only use your personal information in accordance with our
Privacy Policy. Please take the time to read this, as it includes important terms which
apply to you. It is available on http://GoalFury.com/policy/
7.2 We may
use location-based services in order to perform the Services as efficiently as possible.
Information that we collect from you through the use of these services shall be
collected and stored in accordance with the terms of our Privacy Policy. By accepting
these Terms you consent to our use of location-based services.
8. Our Right to
vary these Terms
8.1 We may revise these Terms from time to time.
8.2
Every time you use the Services, the Terms in force at that time will apply to such use
of the Services.
9. Contacting Us and Disputes
9.1 If you have any queries
or are not satisfied with the Services please contact our customer services team
immediately in order that we may address your concerns. Our contact details
are:
Email: hello@GoalFury.com
Telephone: +4528141824
Office location:
Bogholder Alle 80, “2720 Vanlose
You will be provided with a reference number
for your query which you should keep in order that we can efficiently process your
query.
9.2 If you have a complaint that our customer services team has not been
able to resolve to your satisfaction, you may request that your complaint is escalated
to a customer services manager, who will examine your complaint and provide a resolution
within 48 hours.
9.3 accordance with section 17.8).
10. Credits
elaborated: It is not possible to withdraw any credits purchased or won in the GoalFury
app.
11. Other Important Terms
11.1 All intellectual property rights
in or arising out of or in connection with the Services shall, as between you and us, be
owned by us.
11.2 “GoalFury” is a trade mark of GoalFury
IVS.
11.3 The Agreement is between you and us. No other person shall have
any rights to enforce any of its terms, whether under the Contracts (Rights of Third
Parties Act) 1999 or otherwise.
11.4 If any provision of the Agreement is deemed
unlawful, void, or for any reason unenforceable, then that provision shall be enforced
to the maximum extent permissible, and the remainder of the Agreement shall remain in
full force and effect.
11.5 Any failure by us to enforce or exercise any
provision of the Agreement shall not constitute a waiver of that provision or any other
provision.
11.6 The Agreement, its subject matter and its formation, are governed
by English law.
11.7 You have legal rights in relation to Services not carried
out with reasonable care and skill. Advice about your legal rights is available from
your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these
Terms will affect these legal rights.