Terms & Conditions
These Terms and Conditions shall apply to your use of the website located at www.whufc.com.
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 email [email protected]
"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. MY WEST HAM
3.1. My West Ham
3.1.1 West Ham United provides you with the option to sign up free to become a user of My West Ham (each, a “Digital Member”). As a user of My West Ham, you will benefit from (i) the right to access West Ham TV, and (ii) the right to receive certain correspondence via email, in accordance with these Terms and Conditions.
3.2. Use of My West Ham
3.2.1 We provide each My West Ham user with access to various features and services within My West Ham. Some aspects of My West Ham may be provided by third parties in accordance with their terms and conditions, which are separate from these Terms and Conditions.
3.2.2 As part of My West Ham, you will be able to access certain video and audio footage, photographs, text images, statistics, logos and other media and intellectual property related to us. All design, text, graphics, footage and the selection or arrangement thereof are protected by copyright, trade mark and/or other proprietary rights owned by or licensed to us. We may from time to time modify My West Ham without giving you notice.
3.2.3 On entry to My West Ham:
184.108.40.206 as an My West Ham user, you will be required to enter your user name (which will be your nominated email address) and password; and
3.2.4 You must keep your password secure and not disclose it to any other person. If it becomes known by a third party:
220.127.116.11 My West Ham users must inform the Club by sending an email to [email protected]; and
3.2.5 My West Ham is to be used by only one individual per user name or membership number (as applicable). In order to use My West Ham or access the content, you must (a) obtain access to the World Wide Web and pay any service fees associated with such access; (b) provide all equipment necessary to make such connection to the World Wide Web, such as a computer and modem or other necessary access device; (c) have the necessary software installed on your terminal or mobile (such as Adobe Flash for access via a computer terminal) (the "Software"). Your use of the Software is subject to the terms of the licence granted to you by the licensor. We do not provide and are not responsible for the Software, or for any problems caused by the Software, computer hardware or computer operations systems.
3.2.6 Your right to use My West Ham is personal to you. You are wholly responsible for the use of My West Ham by any person using your personal computer or point of presence and you are responsible for ensuring that any such person also fully complies with these Terms and Conditions. You agree to use My West Ham in a manner consistent with any and all applicable laws and regulations in the country from which you have accessed My West Ham.
3.2.7 You must not (nor authorise or permit any other party to):
18.104.22.168 abuse My West Ham or use it for any unlawful purpose;
22.214.171.124 use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses My West Ham in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
126.96.36.199 access My West Ham for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of My West Ham;
188.8.131.52 transmit any computer viruses through My West Ham;
184.108.40.206 use My West Ham in a way that may cause My West Ham and/or the set and equipment used by West Ham United to provide My West Ham (the "System") to be interrupted, damaged, rendered less efficient or impaired;
220.127.116.11 store your password anywhere on a computer in plain text;
18.104.22.168 use My West Ham in any manner which violates or infringes the rights of any person, firm or company (including without limitation rights of intellectual property, confidentiality or privacy);
22.214.171.124 reproduce, modify, distribute or publish any of the content of My West Ham without My West Ham’s prior written permission although you may electronically copy and print in hard copy portions of My West Ham for your personal use only and not for any commercial gain; or
126.96.36.199 sell, assign, transfer or delegate all or any of your rights and obligations to another person or entity, or share use of My West Ham or any content contained within it.
3.2.8 You confirm that you either:
188.8.131.52 are 12 years old or over; or
184.108.40.206 under 12 years old and have the consent of your parent or legal guardian for your My West Ham registration. You will be asked to input your date of birth on registration for My West Ham and, to the extent you are under 12 years old, you will also be asked to confirm that you have the consent of your parent or legal guardian. You represent that you have completed this information accurately.
3.3.1 We shall send you via email:
220.127.116.11 a welcome message on registration for My West Ham
18.104.22.168 other correspondence, (together, the “Correspondence”) each on dates selected by us.
3.3.2 You may opt out of receiving correspondence by following the instructions on your My West Ham Dashboard.
3.4. Disclaimer of Warranties
3.4.1 We provide you with access to My West Ham and the Correspondence (together, the “Digital Service”) on an "as is" basis and make no representations or warranties of any kind with respect to the Digital Service or its content including (without limitation) implied warranties as to completeness, accuracy, satisfactory quality and fitness for a particular purpose, except to the extent required by law.
3.4.2 We do not warrant that the Digital Service will meet your particular requirements or that it will be uninterrupted, timely, secure or error-free, nor do we make any warranty as to results or the accuracy of any information obtained by you through My West Ham, except to the extent required by law.
3.4. Limitation of Liability
3.4.1 Neither us, nor any of our directors, employees or other representatives will be liable for damages, in contract, tort or otherwise including negligence, arising out of or in connection with the use of the Digital Service. You confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Digital Service. This limitation of liability (to the extent permitted by law) applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
3.4.2 We do not limit or exclude our liability for death or personal injury resulting from our negligence.
3.5. Suspension and Termination
We may suspend, terminate or refuse to grant you access to the Digital Service (or any part of the Digital Service) at any time in our absolute discretion. Circumstances in which we are likely to exercise are discretion include, without limitation, if:
22.214.171.124 a competent regulatory authority requires all or any part of the Digital Service to be suspended or terminated.
3.6. Maintenance of My West Ham
From time to time, My West Ham may be closed down in order for work to be carried out relating to the upgrading or maintenance of the System or necessary for the provision of My West Ham. We shall give as much notice as is reasonable in the circumstances and shall endeavour to ensure that such works are carried out as expeditiously as is possible in the circumstances.
3.7.1 You agree to fully indemnify us 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 user whom you permit to use My West Ham with your username or any other liabilities arising out of your or their use of the Digital Service and/or the System.
3.7.2 You shall provide us with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
3.8. Miscellaneous provisions
3.8.1 If we fail to exercise or enforce any right it has under these Terms and Conditions such failure will not be deemed to be a waiver of that right nor will it prevent us from exercising or enforcing that right on a later occasion.
3.8.2 We will not be liable to you for any breach of these Terms and Conditions by us due to any cause beyond our reasonable control.
3.8.3 We reserve the right to vary and/or update these Terms and Conditions from time to time without notifying you. Updated Terms and Conditions will be posted on http://www.whufc.com and can be viewed by you at any time. West Ham United and the Club recommend you access http://www.whufc.com regularly to ensure you are aware of any changes. Changes to the Terms and Conditions will be deemed to have been accepted by you if you continue to use My West Ham after a period of one week from the date the updated Terms and Conditions are posted on http://www.whufc.com.
3.8.4 We may assign or transfer all or any of our rights and obligations under these Terms and Conditions to a group company(ies) or other third party(ies). In the event of assignment or transfer, notification will either be given to you by e-mail or posted on http://www.whufc.com
3.8.5 This Agreement constitutes the entire agreement between us and you with respect to this subject-matter and excludes any representations or warranties previously given or made other than any fraudulent misrepresentation and it may be amended only by us on notice to you.
3.8.7 These Terms and Conditions and the Digital Service are subject to the laws of England and Wales and you submit to the exclusive jurisdiction of the courts of England and Wales.
4. THIRD PARTY WEBSITES
4.1 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.
4.2 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.
5. INTELLECTUAL PROPERTY
5.1 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.
5.2 If you become aware of any such distribution or commercial exploitation of the Content, you agree to notify us immediately.
5.3 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.
6 OUR RESPONSIBILITY/LIABILITY
6.1 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.
6.2 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.
6.3 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.
6.4 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.
6.5 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.
7.1 We shall comply with applicable UK Data Protection legislation from time to time in place in respect of any User Information.
8.1 When using the Site, in particular any bulletin boards or chat forums, you should always take the following precautions:
8.1.1 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;
8.1.2 Never get together with someone you meet online.
8.1.3 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.
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.
10.3 Governing Law
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 London Stadium, Queen Elizabeth Olympic Park, London, E20 2ST. The English company registration numbers are 5993863, 3407691, 66516, 3380294 and 3775950 respectively.
11. 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 London Stadium, Queen Elizabeth Olympic Park, London, E20 2ST