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ENDORSED BY:

Endorsed By

Player Move Limited – Terms & Conditions of Service

1. Definitions

1.1 “PM” shall mean Player Move Limited its successors and assigns or any person acting on behalf of and with the authority of Player Move Limited.

1.2 “Player” shall mean the person described as such on the player registration form (on PM’s website) or any other forms to which these terms and conditions apply, and shall include any person acting on behalf of and with the authority of such person.

1.3 “Club” shall mean the person or entity described as such on the club registration form (on PM’s website) or any other forms to which these terms and conditions apply, and shall include any person acting on behalf of and with the authority of such person or entity.

1.4 “Profile” shall mean the information, description, text and photographs about the Player / Club provided by the Player / Club on PM’s website.

1.5 “Services” shall mean all services supplied by PM to the Player / Club and includes any advice or recommendations.

1.6 “Price” shall mean the cost of the Services subject to clause 4 of this contract.

2. Application of these terms and conditions to consumers

2.1 Where the Player buys Services as a consumer these terms and conditions (in particular clauses relating to, Disclaimer, Faults, Warranty, and Limitation of Liability) shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.

3. Acceptance

3.1 Any instructions received by PM from the Player / Club for the supply of Services and/or the Player’s / Club’s acceptance of Services supplied by PM shall constitute acceptance of the terms and conditions contained herein.

3.2 Where more than one Player or Club has entered into this agreement, the Players / Clubs shall be jointly and severally liable for all payments of the Price.

3.3 Upon acceptance of these terms and conditions by the Player / Club, the terms and conditions are irrevocable and can only be amended with the written consent of PM.

3.4 The Player / Club undertakes to give PM at least fourteen (14) days notice of any change in the Player’s / Club’s name, address and/or any other change in the Player’s / Club’s details.

4. Price And Payment

4.1 Credits for the Services shall be purchased in advance by the Player / Club.

4.2 The Price shall be PM’s current Price as at the date of purchase according to PM’s current Price list available on PM’s website.

4.3 Time for payment shall be of the essence and shall be due at the time the credit(s) is purchased.

4.4 Payment will be made by credit / debit card through PM’s website.

4.5 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

5. Player / Club Registration

5.1 The Player / Club can register their details, create and update their Profile on PM’s website without charge.

5.2 Registration of a Player’s / Club’s details, shall constitute acceptance of the terms and conditions contained herein.

5.3 Once a Player has registered their details and created their Profile, they are providing their prior and free consent to allow their Profile to be publicised by PM and their Profile to be accessed and contact to be made by a Club.

5.4 Once a Club has registered their details and created their Profile, they are providing their prior and free consent to allow their Profile to be publicised by PM and their Profile to be accessed and contact to be made by a Player.

5.5 The Player / Club agrees that the Profile that they create shall be true, an accurate representation and not contain any misleading or inaccurate information.

5.6 A Player registering their details on PM’s website must be a minimum of eighteen (18) years of age.

5.7 All mandatory fields must be completed during the registration process by the Player / Club.

5.8 Once registered, a Player / Club shall have a unique username and password (credentials). The Player / Club agrees to keep these credentials private and confidential and not to share them with any third party. The Player / Club shall indemnify PM against any costs or damages incurred as a result of access to PM’s website by any third party who has obtained the Player’s / Club’s credentials.

5.9 The Player / Club registering their details and using the Services shall require access to the relevant hardware and software requirements and to access the internet. PM shall not be liable for the Player / Club being unable to access PM’s website for any reason, including but not limited to, the Player / Club not having the relevant equipment, software or access.

6. Provision of Services

6.1 Credits for the Services can be used:
(a) by the Club to access and view a Player’s Profile; or
(b) by the Player to access and view a Club’s Profile.

6.2 One credit shall be used per Profile accessed and viewed.

6.3 PM shall not be liable for any loss or damage whatever due to failure by PM to provide the Services promptly due to PM’s website being interrupted at any time for the purposes of technical problems, maintenance, updates or technical improvements.

7. Accessing / Viewing a Player’s / Club’s Profile

7.1 Once registered, a Player may search for a Club and a Club may search for a Player on PM’s website with no charge.

7.2 For a Player accessing a Profile of a Club, or a Club accessing a Profile of a Player, one credit shall be charged against the Player or Club who has accessed the Profile.

7.3 No refunds or re-issuance of a credit shall be made (for any reason) once the Player or Club has accessed a Profile.

7.4 While PM shall carry out their own vetting of a Profile:
(a) the Club must conduct their own due diligence to determine the suitability of a Player and the legitimacy of a Player’s Profile; or
(b) the Player must conduct their own due diligence to determine the suitability of a Club and the legitimacy of a Club’s Profile.

7.5 PM shall not be liable for any misrepresentation, false, inaccurate or misleading information contained in a Player’s / Club’s Profile. The Player / Club accessing a Profile shall indemnify PM against any costs, loss of profits or any other consequences caused as result of any misrepresentation, false, inaccurate or misleading information contained in a Profile.

7.6 The Player / Club may notify PM of any Profile that contains any:
(a) misrepresentation, false, inaccurate or misleading information; or
(b) information that causes or may cause offence; or
(c) information which may infringe any applicable law or regulation; or
(d) information which breaches any copyright.

8. Selection by a Club

8.1 When a potential player is identified by a Club after accessing a Profile, the Club shall have responsibility for carrying out their own checks on the candidate, including but not limited to, eligibility of the candidate to play in the Club’s country, reference checks, criminal record checks and any other checks deemed necessary by the Club.

8.2 In the event of a Club contacting a candidate, the Club undertakes to review the candidate’s suitability using the Clubs's own selection process and criteria before determining whether to offer the Candidate a position.

9. Faults

9.1 The Player / Club shall immediately notify PM (by email) of any alleged technical defect with a viewed Profile. The Player / Club shall afford PM an opportunity to inspect the Profile within a reasonable time following this notification if the Player / Club believes the Profile has a technical fault. If the Player / Club shall fail to comply with these provisions the Profile shall be presumed free from any technical fault. For technical faults, (which PM has agreed in writing), PM’s liability is limited to re-issuing a credit.

9.2 No credits shall be re-issued except in accordance with clause 9.1 above.

10. Warranty

10.1 To the extent permitted by statute, no warranty is given by PM as to the quality or suitability of a Player, Club or Profile for any purpose and any implied warranty is expressly excluded. PM shall not be responsible for any loss or damage however arising.

11. Supply of Goods and Services Act 1982

11.1 This agreement is subject to the provisions of the Supply of Goods and Services Act 1982 (or any replacement or reenactment thereof) in all cases except where the Player / Club is contracting within the terms of a trade/business (which cases are specifically excluded)

11.2 Notwithstanding clause 11.1 nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Supply of Goods and Services Act 1982 or any laws or legislation governing the rights of consumers, except to the extent permitted by those Acts, laws or legislation.

12. Consumer Protection (Distance Selling) Regulations 2000 (DSR’s)

12.1 Where the Player purchases Services as a consumer under the Consumer Protection (Distance Selling) Regulations 2000, the Player shall be entitled to cancel this contract for any reason without penalty within seven (7) days of the date of purchase of the credit(s). Cancellation of Services where the credit(s) has been used to access a Profile(s) will not be accepted.

12.2 PM shall refund the Player the amount paid for the Services of any unused credits within thirty (30) days of receipt of the cancellation notice as outlined in clause 12.1.

13. Intellectual Property

13.1 The copyright, design, logos, text, graphics and layout of PM’s website shall remain vested in PM.

13.2 The Player / Club may access and use the information contained in a Profile solely to make contact with the Player / Club to whom the Profile belongs and not to send to any third parties for any reason.

13.3 The Player warrants that the Profile that they have created for themselves can be accessed by a club and contact can be made by an interested club.

13.4 The Club warrants that the Profile that they have created for themselves can be accessed by a player and contact can be made by an interested player.

14. Termination and Cancellation of Unused Credits

14.1 PM shall terminate the Player’s / Club’s account (and any un-used credits shall be forfeited and not refunded by PM) and delete the Player’s / Club Profile and all messages sent and received in the event:
(a) the Player’s / Club’s credentials have been provided to a third party by the Player / Club for any reason and by any method; or
(b) it is discovered that the Player’s / Club’s Profile contains misleading or inaccurate information.

14.2 Any credits not used after twelve (12) months from the date of purchase shall be cancelled by PM with no refund payable

15. Data Protection Act 1998

15.1 The Player / Club authorises PM to:
(a) collect, retain and use any information about the Player / Club, for the purpose of assessing the Player’s / Club’s creditworthiness or marketing products and services to the Player / Club; and
(b) to disclose information about the Player / Club, whether collected by PM from the Player / Club directly or obtained by PM from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing a default by the Player / Club on publicly accessible credit reporting databases.

15.2 PM may also use information about the Player / Club to monitor and analyse its business. In this connection the Player / Club authorises PM to disclose personal information to agents or third parties engaged by PM.

15.3 The Player / Club consents to the transfer of information outside of the European Economic Area for the purposes listed above.

15.4 Where the Player / Club is an individual the authorities under (clause 15.1) are authorities or consents for the purposes of the Data Protection Act 1998.

15.5 The Player / Club shall have the right to request PM for a copy of the information about the Player / Club retained by PM and the right to request PM to correct any incorrect information about the Player / Club held by PM.

16. Limitation of Liability

16.1 PM shall be under no liability whatever to the Player / Club for any indirect loss and/or expense (including loss of profit or goodwill) suffered by the Player / Club / Club or any third party arising out of:
(a) a breach by PM of these terms and conditions; or
(b) any consequences caused as a result of the accessed Profile being misrepresented, false, inaccurate or containing misleading information; or
(c) any loss suffered (of any kind) by a Club who selects a Player via their Profile, including but not limited to, any discipline, damage, or claims; or
(d) any loss suffered (of any kind) by a Player who selects a Club via their Profile.

17. Player’s / Club’s Disclaimer

17.1 The Player / Club hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Player / Club by PM and the Player / Club acknowledges that the Services are bought relying solely upon the Player’s / Clubs skill and judgment.

18. General

18.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

18.2 These terms and conditions and any contract to which they apply shall be governed by the laws of England and Wales and are subject to the jurisdiction of the courts of England and Wales.

18.3 PM may license or sub-contract all or any part of its rights and obligations without the Player’s / Club’s consent.

18.4 PM reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which PM notifies the Player / Club of such change. Except where PM supplies further Services to the Player / Club and the Player / Club accepts such Services, the Player / Club shall be under no obligation to accept such changes.

18.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.