Last amended July 2015.
SportPAD is a sports fixtures management website. It allows registered users to organise & manage sporting competitions, leagues and tournaments online (collectively referred to as “SportPAD”, “SportPAD Lite” or “SportPAD Services” or “the Service(s)”).
The Service, provided through the www.SportPAD.net site, is operated by Rocca Creative Thinking Limited (“The Company”). Rocca Creative Thinking Limited is a company Registered in England No. 7152200. VAT Registration No. 985 9854 33.
This legal notice applies to the entire contents of this Site under the domain www.SportPAD.net and to any communication and correspondence between SportPAD and you, the User.
SportPAD allows registered users or Organizers to manage competitions which have been registered on the. Organizers can visit the Site, create events and, if specified collect event entrance fees online via our payment collection services under their own SportPAD theme.
Organisers can view entrants’ (or members’) data and perform reporting functions. They can generate schedules, publish league tables and provide access to Captain’s or administrators from each team.
Monthly subscription payments are transacted through PayPal, (a third party payment service methods “TPPSM”). These T&C apply to you and your use of the Services as an Organizer / User of the Services ("Organizer" or "You" or “User”).
3. Additional Services
ROCCA CREATIVE THINKING LIMITED may, upon request, and for such fees as ROCCA CREATIVE THINKING LIMITED deem appropriate, from time to time in its sole discretion, provide additional services to you in relation to the Site. These may include additional software upgrades, and dedicated account management solutions. These services are ‘Opt-in’ and above the standard Service.
All such additional services will be deemed as part of the Services and subject to all the terms and conditions of this document. All copyright, commercial and intellectual property rights of SportPAD belong solely to ROCCA CREATIVE THINKING LIMITED.
4. Using the Service
As a user, ROCCA CREATIVE THINKING LIMITED grants you a non-exclusive, non-transferable right to access and use the Service for the purposes of creating events with respect to promoting, managing, of a competition or event that you have created on the site. This must be in compliance with the terms set out in this document, and to the extent permitted under all applicable laws and regulations (foreign and domestic). The Service must not be sub-licensed at any time or used outside the terms in this document.
You shall not modify, reproduce or otherwise create derivatives of any part of the Services or Site.
You shall not reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of all or any part of the Service.
Nor shall you rent, lease, resell, distribute or use the Service for commercial purposes or engage in any fraudulent activity or activity that facilitates fraud.
ROCCA CREATIVE THINKING LIMITED collects subscriptions for SportPAD Lite through a third party payment service method (TPPSM). Services relating to SportPAD are invoicable upon inception and subject to all applicable laws and regulations (foreign and domestic).
Our fees, which include our administration and bank charges are available on request.
Membership payments for SportPAD Lite are collected on a monthly basis, unless otherwise stated or agreed. Additional service modules purchased by Organisers are also charged monthly, except for SportPAD Store, which is a transactional process and charged immediately, usually via a payment gateway, such as PayPal. All charges are inclusive of VAT.
All charges in relation to SportPAD (the full service offer) are inclusive of VAT unless otherwise agreed.
When you use the SportPAD payment gateway for the collection of entry fees, or SportPAD Store payment processing is managed through PayPal. No fees are deducted by ROCCA CREATIVE THINKING LIMITED in this process. Payment processing through SportPAD or SportPAD Lite are additional to the standard offer and a development charge shall be levied accordingly.
If entry fee payments are handled by the TPPSM, all communications or disputes regarding refunds are between the Organiser and Buyer, and ROCCA CREATIVE THINKING LIMITED will not be responsible or liable for, and Organiser hereby agrees to fully indemnify ROCCA CREATIVE THINKING LIMITED and its affiliates for, refunds, errors in issuing refunds, or lack of refunds.
Subscription fee refunds are issued at the sole discretion of ROCCA CREATIVE THINKING LIMITED and shall only be issued if the SportPAD grievance and complaints procedure has been adhered to and their findings are commensurate of the grounds for subscription refunds. A copy of the SportPAD Grievance and Complaints process is available on request through [email protected]
Credit Card Chargebacks.
Communications and disputes regarding chargebacks are between the Organiser and Buyer, and ROCCA CREATIVE THINKING LIMITED will not be responsible or liable in any way. The organiser hereby agrees to fully indemnify ROCCA CREATIVE THINKING LIMITED and its affiliates for chargebacks.
In the event that Organizer fails to pay to ROCCA CREATIVE THINKING LIMITED any amount owed pursuant to this T&C when due, the amount shall bear interest calculated from the date due until paid in full at a rate equal to five percent (5%) per annum.
Failure to pay subscription fees (unless subscription is cancelled) shall result in a complete stop of Services to the Organiser and therein the Buyer.
Cancellation of subscriptions should be made by contacting [email protected]
You are responsible for (and will indemnify ROCCA CREATIVE THINKING LIMITED and its affiliates against) all taxes associated with your activities on the Services (except taxes based on RCL'S net income), which amounts may be withheld from payments due to you or invoiced to you.
By registering with SportPAD as an Organiser, you agree to provide true, accurate, current and complete information about yourself, and your organisation. Thesedata should be kept up to date while the Service is in use.
Providing inaccurate data will result in the suspension of the Service.
7. Intellectual Property
ROCCA CREATIVE THINKING LIMITED owns and retains all proprietary rights of the Site and the Service.
The Site contains intellectual property and proprietary information of ROCCA CREATIVE THINKING LIMITED. You may not copy, modify, publish, transmit, distribute, perform, reproduce, license, create derivative works from, transfer display, or sell or re-sell any such intellectual property or proprietary information. No Site Content and features may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior the written permission of ROCCA CREATIVE THINKING LIMITED. This cause does not apply to your own User Content (as defined below) that you legally post on the Site.
8. User Content
You are solely responsible for the photos, profiles (including your name, image, your team, club or organisation's name and team members and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post
9. User Conduct
By using SportPAD Services and or the Site, you represent and warrant that (a) all the information you supply to ROCCA CREATIVE THINKING LIMITED or the Site or users is truthful and accurate; (b) you will maintain the accuracy of information; (c) you will not create a false identity; (d) you have the authorisation of your team and / or your organisation to act on its behalf of and / or post content of your team and / or organisation's behalf; (e) your use of SportPAD Services and or the Site does not violate any applicable law or regulation or codes of conduct in your country of residence or the country that you are using the Site
You represent and warrant that you have the right to post content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights).
You represent and warrant that you will not misuse the Site and/or the Service, or behave in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
10. Your User ID
The use of and your membership of SportPAD Service and/or the Site, including your user logon ID, are not transferable.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process with the Service and/or the Site, and you are fully responsible for all activities that occur under your username and password. You agree to immediately notify ROCCA CREATIVE THINKING LIMITED of any unauthorised use of your username or password or any other breach of security. ROCCA CREATIVE THINKING LIMITED will not be liable for any loss or damage arising from your failure to comply with this provision.
By using the Site and or the SportPAD Services, you consent to having personal data transferred to and processed in United Kingdom under Data Protection Act 1998 of the United Kingdom. To view the Site Privacy Statement please click here.
ROCCA CREATIVE THINKING LIMITED may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice.
All outstanding debt under the agreement shall be honoured in accordance with the Law upon termination.
13. Limitation of Liability
In no event will the Site, SportPAD, Rocca Creative Thinking Limited, our subsidiaries, affiliates, officers, directors and/or employees be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from SportPAD services and or the Site, these terms, your use of the Site, lost data arising from your use of the Site or the service, any platform applications or any of the Site content or other materials on, accessed through or downloaded from the Site and/or any transaction or interaction between users and or Buyers and Organisers even if we have been advised of the possibility of such damages.
ROCCA CREATIVE THINKING LIMITED is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, SportPAD, by third parties or by any of the equipment or programming associated with or utilised in the Site and/or the Service.
Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content.
ROCCA CREATIVE THINKING LIMITED is not responsible for the conduct, whether online or offline, of any user of the Site and/or the Service.
The Site and/or the Service may be unavailable for maintenance or other reasons. ROCCA CREATIVE THINKING LIMITED assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. ROCCA CREATIVE THINKING LIMITED is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or the Site and/or in connection with the Service.
Under no circumstances will ROCCA CREATIVE THINKING LIMITED be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site and/or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site and/or the Service or transmitted to Users, or any interaction between users of the Site, whether online or offline.
We make no representations or warranties of any kind whatsoever for the content on the Site or the materials, information and functions made accessible by the software used on or accessed through the Site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Site or any linked Site. Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, of suitable quality, fitness for a particular purpose or accuracy.
ROCCA CREATIVE THINKING LIMITED cannot guarantee and does not promise any specific results from use of the Site and/or the service and/or any platform applications. ROCCA CREATIVE THINKING LIMITED does not represent or warrant that software, content or materials on the Site, the service or any platform applications are accurate, complete, reliable, current or error-free, that defects will be corrected or that the Site and/or the service its servers, or any platform applications are free of viruses or other harmful components.
You acknowledge that any transmission to and from this Site is not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to us and by posting information on the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and ROCCA CREATIVE THINKING LIMITED other than pursuant to these terms.
ROCCA CREATIVE THINKING LIMITED reserves the right to withdraw and or modify and or change any and all content and or aspects of the Site and/or SportPAD Services, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. This includes the removal of posts, profile data, forums, emails and actual users.
Much of the material provided on the Site is posted (and thereby published) by Members and the Site may include facts, views, opinions, advice and recommendations here in. ROCCA CREATIVE THINKING LIMITED is under no obligation to monitor, vet, check or approve any such material and these materials, views, opinions, advice and recommendations are not endorsed by the ROCCA CREATIVE THINKING LIMITED and/or the Site and, to the maximum extent permitted by law, ROCCA CREATIVE THINKING LIMITED shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or material.
You hereby agree to indemnify, defend and hold ROCCA CREATIVE THINKING LIMITED and any member of ROCCA CREATIVE THINKING LIMITED (collectively, the "indemnified parties") harmless from and against any and all liability and costs incurred by the indemnified parties in connection with any claim arising out of your use of the Site (including, without limitation, any dispute between users and or Buyers and Organisers regarding any transaction), any content posted by you to the Site or any breach by you of these terms or the representations, warranties and covenants made by you herein, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
If there is any dispute about or involving the Site and / or the Service by using the Site, you agree that the dispute will be governed by the laws of England and Wales, without regard to its conflict of law provisions.
ROCCA CREATIVE THINKING LIMITED reserve the right to assign this Agreement and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not assign this Agreement.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
SportPAD® is owned and managed by ROCCA CREATIVE THINKING LTD (United Kingdom) Registered in England No. 7152200. VAT Registration No. 985 9854 33. Registered office: Electric Works Sheffield Digital Campus Sheffield S1 2BJ