Terms and Conditions
These Terms and Conditions shall apply to your use of the website located at www.whufc.com including without limitation West Ham TV ("the Site").
By using the Site you agree to be bound by the Terms and Conditions which shall form a legal agreement between us and you. If you do not agree to be bound by these Terms and Conditions, you may not use the Site.
As part of our commitment to ensuring the Site is one you want to visit time and time again we welcome your comments on any of the policies or rules set out below. To contact us please use the Feedback Form on the Site
"Content" means any and all of the content and material comprising the Site including without limitation all text, graphics, photographs, audio and video. "Terms and Conditions" means these terms and conditions of use. "User Information" means the personal details which may be provided by you to us via the Site. "Users" means the users of the Site collectively and/or individually as the context admits. "we/us/our" means West Ham United Football Club. "Site" shall have the meaning as set out above. "Website" means a site on the World Wide Web. "you/your" means you, the user.
2. ACCEPTABLE USE OF THE SITE
2.1 We insist that any use by you of the Site shall be in accordance with the following conditions:
2.1.1 You must not post onto or otherwise make available on the Site any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience or which does not comply with all relevant laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. Always treat other users with respect.
2.1.2 You shall not post onto or otherwise make available on the Site any material which you do not own without the express permission of the owner of the material.
2.1.3 You may not copy, download, reproduce, republish, broadcast, transmit in any manner whatsoever, any content except as is strictly necessary for your own personal non-commercial use.
2.1.4 You shall not pass on your username and password to a third party.
2.2 You shall be responsible for ensuring that you have in place at all times the equipment required to obtain access to this Website and that you pay all necessary access and usage fees.
2.3 When accessing and using this Website, you shall comply with all applicable laws and regulations in the country from which you access the Website.
3. THIRD PARTY WEBSITES
3.1 You acknowledge and agree that we are not responsible for the availability of any third party Websites or material you access through the Site, and do not endorse and are not responsible or liable for any content, advertising, products or services on or available from such Websites or material, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available on or available from such Websites or material.
3.2 Any dealings between you and any advertisers or third party merchants found on or via the Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and the relevant advertiser or merchant. You agree not to hold us liable for any loss or damage of any kind incurred as the result of any such dealings.
4. INTELLECTUAL PROPERTY
4.1 All copyright, trade marks and all other intellectual property rights in all Content shall remain at all times vested in us or our licensors. You are permitted to use this Content only as expressly authorised in writing by us or our licensors or in accordance with the Terms and Conditions and you may not and you agree not to assist or facilitate any third party to copy, reproduce, repurpose, transmit, distribute, commercially exploit or create derivative works of such content.
4.2 If you become aware of any such distribution or commercial exploitation of the Content, you agree to notify us immediately.
4.3 You acknowledge that by you posting materials on the site, you grant to us and our licensors and assigns an irrevocable, perpetual royalty free worldwide licence to use such materials within the site and in any other manner. The licence extends to copying, distributing, broadcasting, repurposing and otherwise transmitting, and adapting and editing the materials.
5. OUR RESPONSIBILITY/LIABILITY
5.1 Content which is posted on any bulletin boards or chat forums is written or produced by users and we are not responsible for and give no endorsement of such content. We reserve the right to monitor the contributions and may respond to or comment upon communications by you and edit, refuse to post or remove any content from any bulletin boards and chat forums in our absolute discretion. No failure to remove particular content constitutes an endorsement or acceptance of it by us.
5.2 To the extent permitted by law, we make no warranties, express or implied, as to the content or the accuracy, timing or reliability of any information or statements contained therein, or statements, advice and opinions given by users on the bulletin boards and chat forums which are those of such users only. We neither endorse nor shall be held responsible for the reliability or accuracy of the same and we are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided on the Site. If you have any claim arising from the actions or statements of another user, you agree to pursue such a claim only against that User and not from us.
5.3 We will endeavour to provide the Site using all reasonable care. To the extent permitted by law, we exclude all implied warranties as to quality, accuracy or fitness of the content and we do not warrant that the content, any of the functions contained in the Site and the server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
5.4 We reserve the right, at any time, to modify, alter, or update these Terms and Conditions, and you agree to be bound by any such modifications, alterations or updates which are posted on the Site.
5.5 We shall not be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the Site, whether direct or indirect, including, damage to software or hardware, damage for loss of business, loss of profits, or any other consequential loss. Nothing in these terms or conditions shall exclude or limit our liability for death or personal injury resulting from the negligence of us, our servants, agents or employees. If this clause is unenforceable in whole or in part then our total liability to you for all damages, losses, claims and expenses shall be no greater than the amount paid by you, if any, for accessing this Website.
6.1 We shall comply with applicable UK Data Protection legislation from time to time in place in respect of any User Information.
7.1 When using the Site, in particular any bulletin boards or chat forums, you should always take the following precautions:
7.1.1 Keep Your identity private. Do not give out your full name, postal address, telephone number, e-mail address, the name of your workplace or school or any other information (other than that specifically requested by us), that could help someone discover your actual identity;
7.1.2 Never get together with someone you meet online.
7.1.3 Do not reply to any messages that are hostile, rude or inappropriate, or in any way make you feel uncomfortable. Instead, let us know about them by emailing us using Feedback Form.
You agree to indemnify us, and/or any of our affiliates and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Site.
9. TERMINATION AND CANCELLATION
Your right to terminate.
You may cancel your subscription for the Services by logging in and going to the My Account page and clicking on the "Cancel Subscription" button or by sending an e-mail to customer services at the following e-mail address firstname.lastname@example.org
Cancellation must be made no less than 10 working days prior to the end of the month or year (depending on whether you are paying monthly or annually respectively) for which you have paid.
If you cancel prior to this 10 working day period access to the Services will be terminated at the end of the relevant period. If you cancel during this 10 working day period you will be charged for the following month, year or relevant period and access to the Services will terminate on expiry of that following month.
If you cancel your subscription after your renewal date you will be charged for the following month, year or relevant period and access to the Services will terminate on expiry of that following month, year or relevant period.
If you have signed up to a Free Trial (ie no payment has been taken and you are able to access West Ham TV subscription products), you can cancel your Free Trial at any time prior to the end of the relevant Free Trial period and your credit/debit card will not be charged. The exact length of the Free Trial period will be stated at the time of purchase. If you cancel your free trial during the free period then you will continue to have access until your free trial period ends.
However we will not issue a refund if you request cancellation and a refund after your Free Trial period has ended and your credit/debit card has been charged for the relevant month, year or relevant period.
Direct Debit payments
If you cancel your subscription for the services through the My Account page or through customer services, it will also be necessary to cancel your direct debit through your bank in order to prevent any future payment being taken from your account. Perform Group will not accept any responsibility for payments taken from the customers account as a result of failure to cancel direct debit payments at their bank. This includes bank charges for exceeding overdraft limits and any other related payments incurred as a result of failure to cancel direct debit payments at the bank.
Our right to terminate
West Ham United Football Club may terminate this agreement with immediate effect and by written notice at any time if you commit a material breach of this agreement (and any breach of clause 2 or 6 will be considered to be a material breach) or if you do not fulfil any of the technical requirements set out in clause 4.
Except under clause 9, You will not be able to cancel your Subscription Contract once your subscription application has been submitted and access to the Subscription Areas has been granted.
Should you wish to make any comments to us about the Site or if you have any questions relating to the same please contact us using Feedback Form.
11.1 Invalidity etc
If any of these Terms and Conditions are determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these Terms and Conditions and the remainder of these Terms and Conditions shall continue to have full force and effect.
Notices shall be sent to the e-mail address you provide us with in the case of notices sent by us and to the relevant e-mail address as set out on this Website in the case of notices sent by you. Notices shall be deemed to have been delivered at the confirmed time of sending the e-mail.
11.3 Governing Law
11.4 These Terms and Conditions are governed by English law and both you and us hereby submit to the non-exclusive jurisdiction of the English courts.
WH Holding Limited, West Ham United plc, West Ham United Football Club plc, West Ham United Sportswear Limited and West Ham United Hospitality Limited - Registered Office address Boleyn Ground, Green Street, London E13 9AZ. The English company registration numbers are 5993863, 3407691, 66516, 3380294 and 3775950 respectively.
12. EMAIL DISCLAIMER
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please contact the Club's IT Department immediately. Any opinions expressed in this email are those of the individual and not necessarily those of West Ham United Football Club Limited. Although West Ham United Football Club Limited has taken reasonable precautions to ensure no viruses are present in this email, we cannot accept responsibility for any loss or damage arising from the use of this email or attachments.
PLEASE DO NOT INCLUDE YOUR CREDIT OR DEBIT CARD INFORMATION IN ANY EMAILS YOU SEND TO US
West Ham United Football Club Limited Registered in England and Wales. Registration No. 66516 Registered Office address Boleyn Ground, Green Street, London E13 9AZ