1. This application is created and controlled by Sports Traders, which are referred to as Sports Traders, we, us or our. Your access to this application (the Application) is subject to these terms and conditions, Privacy Statement, notices, disclaimers and any other terms and conditions or other statements issued or authorized by us that are contained on the application (referred to collectively as the Terms). By using the Application you agree to be bound to the Terms. If you open an account with us, you will also agree to a separate User Agreement, which, to the extent of any inconsistency, will prevail over these terms.
2. Terms and Conditions of Use
2.1. Please read the Terms carefully. We reserve the right to amend the Terms from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to the Terms, which shall come into effect once posted. Your continued use of the Application will be deemed acceptance of the Terms.
2.2. If you do not agree to the Terms, you must not use or access the Application.
3. Use of our contact details
3.1. The publication on our Application of any person’s contact details does not constitute implied or express consent by us or the person to receive unsolicited commercial electronic messages or SPAM.
4. Limitations on Use
4.1. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Application or the user content. Nor may you use any network monitoring or discovery software to determine the Application architecture, or extract information about usage, individual identities or users.
4.2. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Application or the user content without our prior written permission.
5. General advice warning
5.1. You should not act, or refrain from acting solely on the basis of the material contained on this Application. Your access to this Application does not, of itself, create an adviser client relationship between you and us.
5.2. Any information included in this Application has been prepared without taking into account your objectives, financial situation or needs.
6. Access and Security
6.1. We do not warrant that you will have continuous access to the Application or that your access or use will be error-free.
6.2. We will not be liable in the event that the Application is unavailable to you for any reason (for example, due to computer downtime attributable to malfunctions, upgrades, server problems, preventative or remedial maintenance activities or interruption in telecommunication supplies.)
6.3. We reserve the right at any time to:
6.3.1. Deny or terminate all or part of your access to the Application where in our opinion, there are concerns regarding unreasonable use, security or unauthorized access or where you have breached any of these Terms; or
6.3.2. Block or suspend your account, remove your default settings, or part thereof, without prior reference to you.
7. Intellectual Property Rights
7.1. Sports Traders is the owner and/or authorized user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Application, unless otherwise indicated. All information, text, material, graphics, software and advertisements on the Application are the copyright of Sports Traders, its suppliers and licensors unless expressly indicated otherwise by Sports Traders.
7.2. Except as provided in the Terms, use of the Application does not grant you any right, title, interest or license to any such intellectual property you may access on the Application.
7.3. We own the rights, or have permission to use, the trademarks listed on our Application. You are not authorized to use any of those trademarks without our written consent – to do so would be a breach of our or another party’s intellectual property rights.
7.4. Alternatively, we may authorize you to use content on our Application if you contact us and we agree in writing.
8. Can you link to our Application?
8.1. You are welcome to link to our Application as long as you observe the following conditions:
8.1.1. You present the links in a way which fairly represents our role as a financial services firm. They must not cause us embarrassment;
8.1.2. The context of the link must not suggest that we endorse you in any way, or have any connection with your site; and
8.1.3. The context of the link must not suggest that we have created any of your content.
9. Links to other sites
9.1. The Application may contain links to other websites (Linked websites). Those links are for convenience only and we are not responsible for the content or practices associated with Linked applications.
9.2. Our link with a Linked application is not an endorsement, approval or recommendation of those linked web sites.
10. Disclaimer and Limitation of liability
10.1. We cannot guarantee the safety or security of your computer systems. We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Application or user content.
10.2. We make no representations or warranty of any kind, express or implied as to the operation of the Application or the user content. You expressly agree that your use of the Application is entirely at your sole risk.
10.3. You agree that the content provided on the Application and the user content do not constitute financial product, legal or taxation advice, and you agree to not represent the user content or the Application as such.
10.4. To the extent permitted by legislation, the Application is provided on an “as is, as available” basis.
10.5. Legislation may confer rights and remedies on you in relation to the provision by Sports Traders of the Application (including the various functions contained on the Application) which cannot be excluded, restricted or modified (Non-excludable Rights). Except for any Non-excludable Rights you agree to exclude all other conditions and warranties implied by custom, law or statute.
10.6. Sports Traders expressly disclaims all responsibility for any loss, injury, claim, liability, or damage, or any indirect, incidental, special or consequential damages or loss of profits whatsoever of any kind resulting from, arising out of or any way related to: (a) any errors in or omissions of the Application and/or the user content, including but not limited to technical inaccuracies and typographical errors, (b) any third party web sites or content directly or indirectly accessed through links in the Application, including but not limited to any errors in or omissions, (c) the unavailability of the Application or any portion, (d) your use of the Application, or (e) Your use of any equipment or software in connection with the Application.
11.1. You agree to indemnify, defend and hold harmless Sports Traders, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the application from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of the Terms by you.
11.2. You also agree to indemnify Sports Traders against any claims that information or material which you have submitted to Sports Traders is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right).
12. Third Party Rights
12.1. The provisions of paragraphs 10 (Disclaimer and Limitation of Liability), and 11 (Indemnification) are for the benefit of Sports Traders and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Application. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
13. Unlawful Activity
13.1. Sports Traders reserves the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
14. Confidentiality and Privacy
15. Severability of Provisions
15.1. If any provision of the Terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
16.1. The Terms are effective until terminated by Sports Traders.
16.2. In the event of termination, you are no longer authorized to access the Application, but all restrictions imposed on you and the disclaimers and limitations of liability set out in the Terms will survive termination.
16.3. Such termination shall not affect any legal right that may have accrued to Sports Traders against you up to the date of termination.
16.4. Sports Traders may also remove the Application as a whole or any sections or features of the Application at any time.