INTRODUCTION

These Membership Terms apply to your use of the My Next Match platform (“Platform”). These terms set out how the Platform works and describe any associated rights and responsibilities. They form a legal agreement between you and My Next Match Trading Limited, a company registered in England with company registration number 09455061 and registered office 77 Colney Hatch Lane, Muswell Hill, London, United Kingdom, N10 1LR (“MNM”, “we”, “us”, “our”).

For information about how we process your personal data, please refer to our Privacy Policy.

1. ABOUT THE PLATFORM AND THE MEMBERSHIP TERMS

1.1 The Platform allows athletes to upload and manage information, and to share that information (the “Services”) with certain sporting and athletic clubs and federations and other organisations or any other third parties who use our services to help discharge their responsibilities and manage their relationships with athletes or for related purposes (“Organisations”).​

1.2 Please note we are a platform that connects athletes and Organisations. We do not in general review or assess the information you supply or upload through the Platform (“User Data”) ourselves. You decide what information to upload and who to share it with, and your relationship with Organisations such as your club or federation governs how those Organisations will work with you and use your data.

1.3 Certain paid subscription memberships ("Paid Memberships”) are available through the Platform which entitles you to access certain additional services. Organisations you are affiliated with may require you to subscribe to a Paid Membership, and your subscription fees may be included within the membership or similar payments made to those third parties. Whether or not your payment is made directly or via such third parties, these Membership Terms govern the contract between you and us in respect of your Paid Membership and your use of the Platform.

1.4 You may cancel a Paid Membership at any time by letting us know through the Platform. Unless you have activated your Account by subscribing to a Paid Membership and affiliating your account with an Organisation, you may not be able to make use of certain features offered by the Platform.

1.5 You are in control of your own personal Account and User Data provided directly by you. So, you can ask us to delete your Account and that associated User Data at any time. However, if you share your User Data with third-party Organisations, they will receive a copy of, or access to, that User Data. If you activate your account and affiliate it with an Organisation, you may grant them permission to manage (including by adding, updating or removing) User Data. Where third parties have received a copy of your User Data, you will need to liaise with them to ask for access to it, deletion, or in respect of other requests relating to those copies of User Data.

1.6 By applying to register an account you:

1.6.1Confirm you are 18 or over, understand and accept (and are able to understand and accept) these Membership Terms, including all terms and policies referred to herein, and that you agree to be bound by them;

1.6.2 Agree to provide us with accurate and complete information and to keep such information updated to maintain its accuracy and completeness; and

1.6.3 Confirm that you are using the Platform for the purposes of your trade, business, craft or profession.

1.7 We may make alterations to these Membership Terms or to the Platform or Services from time to time. If you are not happy with any alteration, you must stop using the Platform. If you keep using the Platform, this will indicate your acceptance of these Membership Terms as altered. We may
notify key changes you but you should review these Membership Terms from time to time to ensure you are aware of any changes. If we make changes, which materially reduce the functionality available to you as part of a Service, we will use our reasonable efforts to notify you by email or through the Platform.

2. REGISTRATION, ACCOUNT AND PASSWORD

2.1 You may only use your membership for your own benefit. By using the Platform you confirm that you are not acting for the benefit of any other person.

2.2 To register, you will need to submit personal information and choose an account name (“Username”), a password (“Password”) and a valid email address for your account (“Account”).

2.3 The Username and Password will be allocated to you if you successfully apply for registration. Only we can decide whether applications will be successful. You may need your Username and Password to access some parts of the Platform. Your Username and Password are personal to you and must not be disclosed to any other person.

2.4 We are entitled to assume that any use of your Account is made by you. You are solely responsible and liable for any use of the Platform under your Account or any other use of your Username and Password.

2.5 You may only hold one Account. If you forget your Username or Password, you can use the password recovery option or contact us as we will provide a replacement password.

2.6 Do not share your Password with any other person or allow any other person to use your Account. We are not liable for any improper use of your Password or Account or any use by any other person. If you think any other person knows your Password, or your Account has been used by any other person, you must inform us immediately.

2.7 If you do not log into your Account for 12 months, we may terminate the Account without further liability to you.

3. RESTRICTIONS AND OBLIGATIONS

3.1 You agree to comply with all applicable laws and regulations, these Membership Terms and all rules applicable to the use of the Platform including our User Content Guidelines.

3.2 You agree not to:

3.2.1 impersonate any other person or entity;

3.2.2 falsely describe or otherwise misrepresent yourself;

3.2.3 falsely describe your affiliation with another person or entity;

3.2.4 use or attempt to use another’s account.

3.3 You acknowledge, agree and undertake:

3.3.1 to the extent that the Platform provides details of or facilitates interaction with third-party Organisations you engage with those Organisations at your own risk. We give no warranty and shall have no liability in contract, tort (including negligence) statutory duty or otherwise, arising from your interaction with those third-party Organisations;

3.3.2 to the extent we make available to you through the Platform any Service which enables you to create, upload, manage, share, store and modify information and content:

(a) we do not warrant the Service will be wholly uninterrupted or error-free;

(b) we are liable only to exercise reasonable care and skill in the delivery of the Service;

(c) we do not offer failsafe or redundant backup or hosting facilities and recommend that you maintain regular local back-ups of any information you upload;

(d) you will comply with our User Content Guidelines and we may remove or suspend access to any content or information where we reasonably believe it is in breach of those User Content Guidelines or that such removal or suspension is necessary to comply with our legal obligations.

4. PAYMENT

4.1 Payment in respect of Paid Memberships shall be made monthly in advance by direct debit, debit or credit card (in which case you authorise us and our third-party payment processor to charge your card for the sums due, agree to keep your card details and payment method up to date, and agree that you shall be responsible for payment of any third party bank or other charges incurred in the course of payment) or such other means of payment as we may agree with you when you apply for a Paid Membership.

4.2 Unless expressly stated otherwise, all fees are exclusive of VAT and/or any other applicable sales tax. We will provide you with an invoice itemising the amount of the VAT in respect of the fees due for our Paid Memberships.

5. LIABILITY

5.1 We provide and maintain the Platform on an “as is” and “as available” basis and we are liable only to provide our services with reasonable skill and care.

5.2 Subject to clause 5.3, we give no other warranty in connection with the Site and we disclaim all liability for:

5.2.1 the accuracy, currency or validity of information and material contained within the Platform;

5.2.2 any interruptions to or error of the Platform or other communications network;

5.2.3 the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Platform;

5.2.4 all representations, warranties, conditions and other terms and conditions which, but for this notice, would have an effect.

5.3 We will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond our control.

5.4 Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law

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5.5 To the maximum extent permitted by law, we exclude liability (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware.

5.6 To the maximum extent permitted by law, our aggregate liability in respect of any claims made in connection with or arising out of the use of the Site or Services (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for direct losses will be limited to the amount paid by you to us under these Membership Terms in the 12 months immediately prior to the date upon which the cause of action arose.

5.7 You agree not to use the Platform in any way which:

5.7.1 is unlawful;

5.7.2 may give rise to civil or criminal liability for us or any other user or Organisation; or

5.7.3 may bring us or any other user or Organisation into disrepute.

5.8 You hereby agree to indemnify, defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all damage, loss, liability, expenses and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any damage, loss, liability, expense, cost, claim or action arising out of or in connection with:

5.8.1 any fraud or fraudulent misrepresentation you commit;

5.8.2 any inaccuracy or defect in any of the information you have provided;

5.8.3 any breach of applicable law or regulation you commit;

5.8.4 any other person’s use of your Account;

5.8.5 any breach by you of these Membership Terms (including any other terms referred to herein); and

5.8.6 third party claims arising from your use of the Platform or Services or any use of your Account (whether or not such use was by you).

5.9 You shall cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

6. BREACH, SUSPENSION AND TERMINATION

6.1 Without limiting any other rights we have, we may suspend or terminate access to your Account or the Platform or Services, or our agreement with you, if you breach any of these Membership Terms.

6.2 In addition and without prejudice to clause 6.1 we may terminate your Account and your agreement with us upon 3 months' written notice.

6.3 You may terminate your Account and your agreement with us at any time, subject to your payment of all sums due to us.

6.4 We will try to give you reasonable notice of any anticipated termination of the Platform or Services.

7. USER DATA AND COMMUNICATIONS

7.1 The Platform enables you to upload and share your User Data with third-party Organisations. You accept that we have no control over the content of User Data as we do not moderate it. However, if we become aware of materials that breach our User Content Guidelines we may remove it from the Platform.

7.2 You or your licensors shall own all rights, title and interest in and to all of your User Data and you shall have sole responsibility for the legality, reliability, integrity, accuracy and qualityter of it. You warrant that you have in place and shall maintain all rights, consents, notices and permissions necessary for you to share your User Data with us, and for us and third party Organisations to use that User Data in accordance with our Privacy Policy and your instructions through the Platform.

7.3 By making available, posting or transmitting your User Data to or through the Platform, you are granting us a non-exclusive, transferrable, sub-licensable, royalty-free, worldwide licence to use your User Data for the following purposes:

7.3.1 to make the Services available to you;

7.3.2 to transfer your User Data to other Organisations where you ask us to do so (and permit them to then transfer it to their own personnel and contacts either independently, or through use of the Platform); and

7.3.3 where your User Data is in breach of our User Content Guidelines we may share it with third party rights holders, our professional advisors, the police or other competent authorities, for the purpose of enforcing our Membership Terms or other legal rights and obligations.

7.4 You confirm that you are entitled to make available, post or transmit your User Data to or through the Platform.

7.5 You will not make available, post or transmit to or through the Platform any statement, material or other content, nor use the Platform in any way that breaches our User Content Guidelines.

7.6 The Platform provides means by which you can communicate with us. We will communicate with you at the email address you have provided or through other means of communication provided by the Platform. Notices that are applicable to all our customers shall be made available on the platform publicly. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on the Platform. We will be
deemed to have received a notice when we issue confirmation to you.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 We grant to you a personal, non-exclusive, non-transferable right to access and use the Services and the Platform subject to these Membership Terms.

8.2 We and/or our licensors own all intellectual property rights in and to the Platform and the Services. Except as expressly stated herein, we do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks or designs (whether registered or unregistered), or any other rights or licences in respect of the Services or Platform or any related documentation.

9. GENERAL

9.1 Some features and services of the Platform may be subject to additional terms. We will draw these terms to your attention before you use those features or services. Those additional terms will be incorporated into these Membership Terms when you indicate your agreement to those additional terms.

9.2 If there is ever a conflict between these Membership Terms and instructions, guidance and similar information found on the Platform, these Membership Terms will take priority.

9.3 These Membership Terms and User Content Guidelines, constitute the entire agreement between you and us relating to your use of the Platform,
to the exclusion of other terms.

9.4 These Membership Terms will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.

9.5 Our failure to enforce any term does not constitute our waiver of that term.

9.6 If any part of these Membership Terms is found unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

9.7 These Membership Terms are subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

9.8 We will be entitled to assign and otherwise transfer the agreement (and our rights and obligations thereunder) covered by these Membership Terms by giving you reasonable notice, which may include notice given via the Platform.

9.9 All questions, comments or enquiries should be directed to us and we will try to respond to within 48 hours.

USER CONTENT GUIDELINES

You agree and undertake that you will not conduct, post, communicate, transmit or make available to or through our Platform any statement, material, communication or other content or activity which:

- is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libellous, untrue, hateful, discriminatory, obscene, explicit, inflammatory or racist;

- harasses, bullies or intimidates any person;

- encourages any violation of our terms of use or impersonates any person or misrepresents your identity or affiliation with any person or Organisation, or gives the impression that your communications emanate from us or a third party;

- involves the sending of unsolicited or unauthorised advertising or promotional material or SPAM;

- is unlawful, malicious, misleading, discriminatory or which gives rise to civil or criminal liability or which might call us or the Platform or any Organisation into disrepute;

- infringes upon the intellectual property, contractual, confidentiality or other rights of us or any third party or facilitates or encourages such infringement;

- is technically harmful such as the introduction of computer viruses, worms, logic bombs or other malicious software or harmful data, or otherwise attempts to or actually does modify or interfere with the Platform or overburden or disrupt or adversely affect any computer, network, system or server used by the Platform;

- promotes any illegal or unlawful activity;

- constitutes, in our reasonable opinion, misuse of the Platform, or an attempt to gain unauthorised access to the Platform or parts thereof, or to the accounts of other users or networks or devices, or is likely to embarrass, alarm, annoy or harm another person; and/or

- solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing or otherwise does not comply with the spirit as well as the letter of the preceding standards.

If you discover any material which you believe contravenes these terms and conditions please inform us at [admin@mynextmatch.com] with details of the location where you found it.​