TERMS AND CONDITIONS OF USE

Last updated: 10 December 2019

THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) GOVERN YOUR USE OF THIS WEBSITE / APP / SERVICE AND UNDERLYING SOFTWARE / NETWORK.

THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (BEING A USER AUTHORISED BY CELTIC RUGBY OR A CLUB PARTICIPATING IN THE GUINNESS PRO14 TOURNAMENT) AND EVOLVE AUDIO VISUAL (PTY) LTD.

BY ACCESSING, DOWNLOADING, INSTALLING, VIEWING, USING AND / OR LINKING TO OR FROM THIS WEBSITE / APP, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.

 

Company Details

SARU refers to the South African Rugby Union, the governing body for rugby in South Africa.

CELTIC RUGBY refers to Pro Rugby Championship DAC, the organiser of the Guinness PRO14 tournament.

Evolve Audio Visual (Pty) Ltd (Evolve) is a South African company with registration no. 2010/006156/07. Evolve Audio Visual (Pty) Ltd provides services relating to information technology, software development, information processing, database construction, management and administration.

 

The Service / Software

FootprintAPP is a data management and rugby administration software system that facilitates the input, collection and analysis of data and information.

For convenience, these Terms refer to the “Service” which includes the website located at https://www.footprintapp.net, the FootprintAPP software applications or “apps”, related services and network, underlying software and content featured on, or accessed through, the FootprintAPP website or apps.

 

License Grant and Restrictions

Evolve hereby grants you a non-exclusive, non-transferable, right to use the Service, solely for your own personal, non-commercial purposes, subject to these Terms. All rights not expressly granted to you are reserved by Evolve.

 

Using the Service

You may only access the Service using authorised means.

By using the Service, you agree that:

  • Your participation in using the Service is for your sole, personal use (which use may be on behalf of Celtic Rugby or a club participating in the Guinness PRO14 tournament).
  • You will keep secure and confidential your account password or any identification provided to you which allows you access to the Service.
  • You may not authorise others to use your account or password, and you may not assign or otherwise transfer your user account to any other person or entity.
  • You will only use the Service for lawful purposes and in the manner authorised.
  • You will not use the Service for sending or storing any unlawful material or for fraudulent purposes.
  • You will not intentionally use the Service to cause nuisance, annoyance or inconvenience.
  • You will not intentionally impair the proper operation of the Service.
  • You will not cause or condone any harm to the Service in any way whatsoever.
  • You will not copy or distribute software related to the Service without prior written permission from Evolve.
  • You may not obtain or collect data, information or content via the Service, other than for the purpose for which you are authorised to use the Service.
  • You will not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the Service to an unauthorised or unrelated third party.
  • You will not reverse engineer, modify or make derivative works using or based on the Service.
  • You will not create Internet "links" to the Service or "frame" or "mirror" the Service on any other server, wireless, online or connected device.
  • You will not access the Service in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Service, or copy any ideas, features, functions or graphics of the Service.
  • You will not launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service.
  • You will not send spam or otherwise duplicative or unsolicited messages through the Service.
  • You will not send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material that could be harmful to children or that violates a third party's privacy rights.
  • You will not send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs using the Service.
  • You will not interfere with or disrupt the integrity or performance of the Service.

 

Privacy

Evolve understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of our members and will only collect and use personal data as described in our Privacy Statement and Cookie Policy and in a way that is consistent with our obligations and your rights under the law. Please see our Privacy Statement for more information on how we collect and use your data and a description of your rights with respect to your personal data.

 

Intellectual Property

The Service, in particular the software and content featured or displayed on the website or app, including (but not limited to) text, audio, video, graphics, images, photographs, layout, or the selection and arrangement of these elements (but excluding any and all information and data entered onto the Service by Celtic Rugby, SARU, any participating club, or any of their respective authorised users) is owned, licensed or operated on behalf of Evolve and is protected by South African laws relating to copyright, trademarks and intellectual property in general.

Any reproduction (copying), screen shot, framing, embedding, downloading, streaming, adaptation, translation, publishing, transmission, broadcast or distribution of such content or any portion or element thereof is prohibited unless prior written permission to do so has been obtained from Evolve.

No permission to do any of these acts is either granted or implied. In particular, all rights in and to photographic images on this website are strictly reserved.

Unauthorised use in trade or commercial exploitation of intellectual property associated with this Service is prohibited.

Trademarks of various entities, including the name and likeness of certain individuals, are featured on the Service. Any unauthorised use of these trademarks, names or images is strictly prohibited.

Nothing contained in these Terms should be construed as granting, by implication or otherwise, any licence or right to use any of these trademarks, names or images without prior written permission.

 

User-Generated Content

When posting or submitting content to the Service, you retain any and all rights that may exist in such content.

 

Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to do so.

By using the Service, you represent and warrant that you are at least 18 years old and otherwise capable of entering into binding contracts. If you are under the age of 18, you must obtain your parents' or legal guardians' advance authorisation, permission and consent to access or use this Service.

These Terms, and the use of the Service, do not create a joint venture, partnership, employment, agency or other relationship between you, Evolve or any third party.

 

Service Availability and Compatibility

Evolve cannot guarantee that the Service will operate in combination with any other software, system, data or specific hardware devices.

Evolve is entitled, without liability, to suspend the Service for repair, maintenance, improvement or other technical reasons, in each extent only to the extent reasonably necessary.

The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet, telecommunications networks and electronic communications. Evolve is not responsible for any delays, delivery failures, or other damage resulting from such problems.

 

Liability

These Terms do not in any way limit or exclude any party's liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything that may not legally be excluded or limited.

 

Restriction on Liability

Evolve will not be held responsible or liable for any claims, actions, expenses, costs, liabilities, damages or losses of any kind arising out of third party dealings or third party websites associated with or linked to the Service.

By using the Service, you agree that all exclusions and limitations of liability mentioned in these Terms are reasonable. If you do not think they are reasonable, you must not use the Service.

 

Accuracy of Content

While all reasonable efforts are made to ensure the accuracy, reliability, availability, security, timeliness, suitability, quality and completeness of content relating to the Service, no representations or warranties are made in this regard. Evolve cannot be held responsible for the accuracy, reliability, security and / or completeness of information provided by users of the Service.

 

Information Security

The transmission of information via the Internet, including e-mail, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall Evolve be liable for any loss, harm, or damage suffered by you as a result.

Evolve reserves the right to request independent verification of any information transmitted via e-mail or the Internet and you hereby consent to such verification should Evolve deem it necessary.

 

Third Party Dealings and Websites

Links to other websites that are not controlled by Evolve may be provided from time to time and other websites may in turn link to this website. Evolve is not responsible for any function or content featured on third party websites or any damage or losses resulting from your use of third party websites. When you leave this website, these Terms will be replaced by the applicable terms and conditions of the website to which you navigate.

Participation, correspondence or business dealings with any third party featured, found on or through the Service and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

 

Termination

Evolve reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service and suspend or terminate your account (any part thereof) or use of the Service, if Evolve reasonably believes that you have violated these Terms. Evolve shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.

 

Jurisdiction

These Terms and any disputes arising under or in relation to these Terms (both contractual and non-contractual) shall be interpreted and governed by English law. You hereby consent to any disputes arising under or in relation to these Terms (both contractual and non-contractual) to be submitted to the exclusive jurisdiction of the courts of England and Wales.

This Service is controlled, operated and administered by Evolve from its offices in the Republic of South Africa. Access to the Service from territories or countries where such access is illegal is prohibited. If you access the Service from locations outside of South Africa, you are responsible for compliance with all local laws.

 

Questions and Complaints

If you have any questions or complaints or if you require any more information about these Terms or the Service, please feel free to contact us at: support@footprintapp.net

If you believe in good faith that any content made available in connection with the Service infringes your copyright, you may send Evolve a notice at support@footprintapp.net requesting that the content be removed, or access to it blocked.

Complaints and reports of suspicious activity regarding the Service should be directed to support@footprintapp.net