Terms & Conditions

DEF

Pol Lirola

55
Rank 305
Defender
Rank 739
Overall
Next Fixture:No Data

Ligue 1

# Team PL GD P
1 PSG 38 +79 93
2 Monaco 38 +40 80
3 Olympique Lyonnais 38 +44 78
4 Olympique Marseille 38 +33 77
5 Rennes 38 +6 58
6 Bordeaux 38 +5 55
7 Saint-Étienne 38 -3 55
8 Nice 38 +1 54
9 Nantes 38 -5 52
10 Montpellier 38 +3 51

Terms & Conditions

It is really important that you read and understand how to use the information provided by Footy Index Scout, particularly as these may change from time to time.


PLEASE ALSO READ THE SECTIONS AND CLAUSES HIGHLIGHTED IN BOLD VERY CAREFULLY: CLAUSES 4.2, AND 16.


Table of Contents


1 INTRODUCTION

2 DEFINITIONS & INTERPRETATION

3 ACCEPTANCE OF OUR TERMS OF SERVICE

4 OUR RIGHT TO AMEND THESE TERMS OF SERVICE

5 CHANGES TO THE SERVICE

6 AVAILABILITY AND USE OF OUR SERVICE

7 REGISTERING AN ACCOUNT

8 PASSWORD AND ACCOUNT SECURITY

9 REBATES, BONUSES & MEMBERSHIP SUBSCRIPTION FEES

10 SIGN UP REBATE AND REFER A FRIEND BONUS PAYMENT

11 ERRORS & SUSPECTED ERRORS

12 PROVISION OF INFORMATION

13 CLOSURE OF ACCOUNTS

14 INTELLECTUAL PROPERTY IN OUR WEBSITE AND THE CONTENT

15 USER GENERATED CONTENT

16 LIABILITY

17 YOUR PRIVACY AND COOKIES

18 LINKS TO THIRD PARTY WEBSITES

19 GENERAL

20 NOTICE

21 COMPLAINTS AND DISPUTES



1 INTRODUCTION

1.1 Welcome to “Footy Index Scout” which is provided to you by Footy Index Scout Limited ("Footy Index Scout”, “us”, “we” or “our”). Our registered office is at Summit House, 170 Finchley Road, London, NW3 6BP and our registered number is 10941942.

1.2 Please read these Terms of Use (“Terms”) carefully. They set out the basis on which you are allowed to use Footy Index Scout, which can be accessed via our website at www.footyindexscout.co.uk (the “Website”) and via our software application (the “App”)(together the "Service”).

1.3 In addition to these Terms, your use of the Service may also be subject to the following:

(a) the Sign Up, Refer a Friend and Membership Subscription with the Footy Index Scout Rules; and

(b) any additional rules which appear on the Website and/or our App, including the 'help' webpage, FAQs, or other instructions in connection with the Service available on the Website or on our App.

(together, the “Terms of Service").

1.4 If there is any conflict or inconsistency between:

(a) these Terms;

(b) the Sign Up, Refer a Friend and Membership Subscription Rules;

(a) any additional rules or other instructions in connection with the Service available on the Website or on our App (such as promotion terms), they shall prevail in that order.



2 DEFINITIONS & INTERPRETATION

2.1 “Account” refers to a Football Index Scout account held by an Account Holder.

2.2 “Account Holder” is an individual who has opened an Account on the Website or via the App.

2.3 “App” is defined in the introduction.

2.4 “Footy Index Scout" is defined in the introduction.

2.5 "Card" refers to all types of cards with a function of "payment", "charge", "debit", "credit", "virtual", and/or other payment instrument.

2.6 “Content” shall mean all information, data, images, photographs, videos, text and other content displayed on the Website, the App and/or the Service (including the Third Party Content):

2.7 “Force Majeure" refers to any occurrence or condition beyond our reasonable control which leads to a delay or default in the performance of the affected party's contractual obligation and, includes Acts of God, government restrictions (including the denial or cancellation of any necessary licence where such denial or cancellation is made through no fault of the affected party), wars, outbreak of hostilities, riots, civil disturbances, insurrections, acts of terrorism, fire, explosions, floods, theft, malicious damage, strikes, lockouts, delay and failure of supplies and sub-contractors, power outages, internet outages and/or any other cause beyond the reasonable control of the party whose performance is affected.

2.8 “Sign up, Refer a Friend and Membership Subscription Rules” are the rules that govern the use of the Service.

2.9 “Service” is defined in the introduction.

2.10 “Terms of Service” is as defined in the introduction.

2.11 “Third Party Content” means any content available on the website belonging to a third party including the names and images of any sports teams, event organisers, or players displayed on the Website or on the App.

2.12 “user” or “you”, “your” refers to a visitor of the Website and/or the App, an Account Holder or customer as applicable.

2.13 "Website" is defined in the introduction.

2.14 All references to “including” shall mean “including without limitation”.

2.15 All references in the Terms of Service to the singular shall include the plural and vice versa.

2.16 All references to “the” shall include “a/an” and vice versa.


3 ACCEPTANCE OF OUR TERMS OF SERVICE

3.1 By opening or logging into, or otherwise using Footy Index Scout, or otherwise using the Service, you confirm that you have read, understand and agree to be bound by the Terms of Service (including for the avoidance of doubt the Sign Up, Refer a Friend and Membership Subscription Rules).

3.2 You must review these Terms of Service each time you use the Service and print a copy of them for your future reference.

3.3 If you do not agree with these Terms of Service, you must not click the acceptance button and you may not use the Service.



4 OUR RIGHT TO AMEND THESE TERMS OF SERVICE

4.1 We may update the Terms of Service from time to time. The revised Terms of Service will be made available on the Website and the date of revision made clear. We may present a "pop-up" or similar feature when you log on to the Service, which you will be required to accept before continuing further.

4.2 You should pay particular attention to the latest Sign Up, Refer a Friend and Membership Subscription Rules made available on the Website as changes to these may have a material influence on whether and how you receive a Rebate and or Refer a Friend Bonus and/or otherwise use the Membership Subscription Service.

4.3 You are responsible for regularly reviewing these Terms of Service so that you are aware of any changes. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to (or cannot comply with) the Terms of Service as amended, please do not use the Service.


5 CHANGES TO THE SERVICE

We reserve the right to change or remove any aspect of the Service at any time, including the ability to alter Rebates, Bonuses and/or other characteristics of the Membership and Subscription Services. Any changes to the Service will explained on the Website, or via the App, or by email using the latest contact details provided by you. Please see “Announcements” section in the Sign Up, Refer a Friend and Members Subscription Rules, which explains how we may announce any future material changes to the Service and/or the Sign Up, Refer a Friend and Members Subscription Rules.


6 AVAILABILITY AND USE OF OUR SERVICE

6.1 We reserve the right to withdraw or amend the Service without notice for legal, regulatory and commercial reasons. You are responsible for making all arrangements necessary to access our Service.

6.2 You must not:

(a) interfere with, or disrupt, the Service or any servers or networks connected to the Service, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in your browser or device;

(b) access the Service via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);

(c) attempt to restrict another user of the Service from using or enjoying the Services and you must not encourage or facilitate the breach of these Terms of Service by others;

(d) use the Service for any illegal or unauthorised purpose; or

(e) change, modify, adapt or alter the Service or Content or change, modify or alter another website so as to inaccurately imply an association with the Service or with us.

6.3 Use of the Service is subject to your computer and/or device complying with our minimum standard technical specifications and compatibility requirements. You are advised to check this specification to ensure that your computer and/or device is compatible with the Service.

6.4 By using our Service, you confirm and agree that:

(a) you are legally capable of entering into binding contracts;

(b) are a physical person (a legal entity will not be accepted as an Account Holder);

(c) are not acting on behalf of another party;

(d) are not conducting criminal activities whereby an Account is directly or indirectly involved;

(e) will maintain your Account details up-to-date in terms of the following: first and last name, country of residence, valid email address, valid phone number and valid PayPal account;

(f) any information provided in your application form is true, complete and correct;

6.5 If you are found to have breached any of the Terms of Service:

(a) we may cancel any Sign Up Rebate or Refer a Friend Bonus due or any Monthly or Annual Subscription deposit you may have placed;

(b) we may refer the matter to the police, crime prevention bodies, guardians, and/or family members, or any appropriate regulatory authority.


7 REGISTERING AN ACCOUNT

7.1 To open an Account, you must provide the following information and other information in the Account opening form:

(a) your first and last name;

(b) your place of residence;

(c) your valid email address;

(d) a confidential username and a password; and

(e) your PayPal account details.

7.2 It is your responsibility to ensure that all personal details (including contact details) are current and up-to-date, as failure to do so may result in Sign Up Rebate or Refer a Friend Bonus payments being delayed, declined or payments being issued incorrectly. You can update your personal details via the Website and/or the App.

7.3 If we discover, or have reasonable grounds to believe, that you are in breach of any of the Terms of Service we will not register you as an Account Holder, or where you have already been registered, we may with immediate effect suspend and/or close the Account. Where we close an Account, the provisions of clause 19 shall apply.

7.4 When opening an account, you confirm you understand and agree that:

(a) there is no requirement on you to use the Service, and such participation, if elected by you, is at your sole choice, discretion and risk; and

(b) you may only use the Service for individual, personal and not professional purposes.

7.5 If you have a query relating to your Account, it is your responsibility to notify us at the earliest opportunity, providing as much information as we may reasonably require.


8 PASSWORD AND ACCOUNT SECURITY

8.1 The username and password must be kept confidential by you. All Sign Up, Refer a Friend and Membership Subscription Rules where your username and password (or such other criteria as may be required and as communicated to you) have been correctly entered (which may be as a result of your negligence) will be regarded as valid, provided that:

(a) such applications meets the other criteria laid down in these Terms of Service; and

(b) we have no other reason to believe at the time of acceptance of the application was not placed by you in accordance with these Terms of Service.

8.2 Please contact us immediately if you have lost or forgotten your Account details. You agree to inform us immediately (by telephone, where possible) if you believe that your Account information is being misused by a third party so that we may suspend your Account to prevent further misuse.


9 REBATES, BONUSES & MEMBERSHIP SUBSCRIPTION FEES

9.1 Except where we have credited monies to your Account prior to crediting your PayPal Account as part of a Sign Up Rebate or Refer a Friend Bonus and or a promotion, you must make monies available by Direct Debit from your chosen Account to participate in the use of our Membership Subscription information Service. Details on how to pay for this Service can be found on the Website.

9.2 Users can only pay Membership Subscription fees to their Account in Pounds Sterling GBP (“GBP”).

9.3 Cheques or bank drafts will not be accepted by us.

9.4 Minimum Membership Subscription fees to the Account apply (currently one month at GBP 5) and maximum Membership Subscription fees to the Account apply (currently one year at GBP 50) as stated on the Website from time to time. Interest is not payable on Account balances. Credit is not permitted. It is your responsibility to maintain sufficient funds in your chosen Account to gain continued access to the Information Service.

9.5 Funds will be paid to your PayPal account provided that:

(a) those funds do not form part of any promotion (together, the “Promotion”) paid into your Account by us, except that any funds generated as a result of a Promotion may be withdrawn once the terms of the Promotion have been complied with;

(b) all payments due into your PayPal Account have been confirmed as cleared and have not been charged-back, reversed or otherwise cancelled;

(c) you have complied with the rest of these Terms of Service.

9.6 We do not charge you for deposits for Membership Subscription Fees or payments due for Sign Up or Refer a Friend Bonus via PayPal, although you should check with your bank, mobile phone providers, and/or other payment service provider whether they will levy any charges.

9.7 Any changes to your personal/Card details must be advised to us promptly. Failure to do so may result in your Membership Subscription deposit being declined by your bank or changes to your personal PayPal Account to prevent monies being paid to the wrong person or Account.

9.8 As well as informing your bank or other card provider, please inform us as soon as is possible should your Card be lost or stolen.

9.9 If you or your bank advises us that your Card has been lost or stolen, no further Membership Subscription Payments will be accepted on your Account until you contact us with further instructions with which we are comfortable.

9.10 We may at any time set off any amount on deposit in your Account against any amounts owed by you to us.


10 SIGN UP REBATE AND REFER A FRIEND BONUS PAYMENT

10.1 Except as stated in these Terms of Service, once you have registered to the Football Index via Footy Index Scout, the Sign Up Rebate will be credited to your PayPal Account at the Pay Out Time.

10.2 Except as stated in these Terms of Service, once you have an Account open with Footy Index Scout, you will be credited with a Refer a Friend code. This code can be used to introduce multiple friends, except as stated in these Terms of Service, each time your Account will be credited and then credited to your PayPal Account at the Pay Out Time.


11 ERRORS & SUSPECTED ERRORS

11.1 We make every effort to ensure that no errors are made in Sign up Rebates and Refer a Friend Bonuses. However, human and/or systems' error may occasionally result in errors.

11.2 We reserve the right to correct any reasonably obvious errors in Rebates or Bonuses paid to you where such have occurred.

11.3 Should funds be credited to your Account in error, it is your responsibility to notify us of the error without delay.

11.4 Any monies which are credited to your Account, or paid to you as a result of an error shall be deemed, pending resolution under clause 11.2, to be held by you on trust for us and shall be immediately repaid to us. Where such circumstances exist, if you have monies in your Account we may reclaim these monies from your Account pursuant to clause 9.1. We agree that we shall use reasonable endeavours to detect any errors and inform you of any such errors relating to you, your engagement with us, or your Account, as soon as reasonably practicable.

11.5 As soon as you suspect or become aware of an error you shall inform us as soon as reasonably practicable of any such error or suspected error.



12 PROVISION OF INFORMATION

We provide information relating to historical and up to date facts in the Professional Football industry. We in no way seek to;

(a) advise Account holders on if, when, how and where to gamble or

(b) recommend Account holders on if, when, how and where to gamble.



13 CLOSURE OF ACCOUNTS

13.1 Please contact us if you wish to close your Account.

13.2 We are entitled to close your Account at our discretion and without having to disclose any reasons, and where deemed necessary on written notice (or attempted notice) to you using the contact details you have provided. Any balance in your Account will be made available to you, subject to your having complied with the Terms of Service.


14 INTELLECTUAL PROPERTY IN OUR WEBSITE AND THE CONTENT

The design of the Website and the App and all software contained within the Website and the App and the Content are protected by copyright, trademarks, patents and other intellectual property rights and laws. Neither the design of the Website nor the App nor the Content may be copied, reproduced, transmitted, stored, sold or distributed without our prior written consent.


15 USER GENERATED CONTENT

15.1 Certain aspects of the Service may invite or permit you to upload your own content ("User Generated Content"). We do not exercise editorial control over, and therefore do not endorse any, User Generated Content, and we shall not be liable in relation to such User Generated Content. You understand and agree that you are solely responsible for your User Generated Content.

15.2 For any User Generated Content you provide, you shall ensure that such content:

(a) is an original work created by you or you have a licence or the express consent of the owner to use the User Generated Content in that manner;

(b) does not infringe any third party intellectual property rights or privacy rights anywhere in the world;

(c) does not contain any defamatory or otherwise inappropriate materials or statements;

(d) does not contain any form of malicious computer code (e.g. viruses, bugs, trojan horses etc.) which could disable or disrupt any of the Service;

(e) complies with all applicable laws and regulations; and

(f) may be used in connection with publicising and promoting us and our Service.

15.3 Any User Generated Content you provide will be considered non-confidential and lawfully provided by you and you are automatically deemed to have granted us an irrevocable, transferable, royalty-free licence to copy, exhibit, publish, distribute or otherwise use and sub-licence that User Generated Content as we see fit, including for commercial purposes. Such uses may include in printed publications, multimedia presentations, on Website or on the App or in any other distribution media. You agree that we may also use your name, likeness and any other biographical information contained in such User Generated Content as we see fit, including for commercial purposes. In addition, you waive any right to inspect or approve the finished product, including written copy, wherein your likeness or testimonial appears. For the avoidance of doubt, you agree that you will make no monetary or other claim against us for our use of your User Generated Content.

15.4 If you have any issues with User Generated Content provided by any other users or if you would like to discuss our use (or non-use) of your User Generated Content, please let us know by contacting us here. We reserve the right (but are not obliged to) to edit or remove User Generated Content.


16 LIABILITY

PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT IMPORTANT INFORMATION CONCERNING OUR LIABILITY TO YOU AND YOUR LIABILITY TO US:

16.1 We agree to provide the Service with reasonable skill and care and as described in these Terms of Service.

16.2 Except as stated in these Terms of Service, the Service is provided without further warranty of any kind. All conditions, warranties, representations and terms implied by law, custom or otherwise are excluded by us to the fullest extent permitted by applicable law.

16.3 You acknowledge that we cannot guarantee that the Service will:

(a) meet your requirements;

(b) stay the same (as we might change the Service or remove it altogether);

(c) be compatible with all or any hardware or software which you may use;

(d) be available all the time or at any specific time;

(e) be accurate, up-to-date or reliable; or

(f) be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.

16.4 You also acknowledge that:

(a) we cannot guarantee the performance or security of our Service; and

(b) we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Service to the fullest extent permissible by law.

16.5 Nothing in this section 16 shall have the effect of excluding or limiting either our liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).

16.6 You accept that by using the Service we shall not be liable for any consequences that are alleged to have occurred through your use, or misuse, of the Service.

16.7 We do not acknowledge or accept any liability for damage and/or losses to you and/or a third party caused due to any:

(a) mistake, misprint, transaction error, technical failure, in each case to which arises in circumstances beyond our reasonable control (including arising from incorrect or incomplete data from a third party provider);

(b) cancellation of a game for any reason beyond our reasonable control;

(c) Force Majeure;

(d) violation of the Terms of Service by you or a third party;

(e) collusion and/or criminal actions by you or a third party;

(f) advice or recommendations provided by a third party via the Service;

(g) loss of content or material uploaded or transmitted through the Website or the App and you confirm that we shall not be liable to you or any third party for any modification to, or suspension or discontinuance of, the Service.

16.8 We shall not be liable to you in contract, tort (including negligence), breach of statutory duty or however arising for:

(a) loss of data;

(b) loss of reputation;

(c) loss of opportunity;

(d) loss of goodwill; or

(e) any indirect or special loss.

16.9 Nothing in these Terms of Service shall affect your statutory rights as a consumer.


17 YOUR PRIVACY AND COOKIES

The privacy of your personal data is important to us. Please see our Privacy Policy and Cookie Policy for details of how we will process your personal data and how we use cookies and similar technologies.


18 LINKS TO THIRD PARTY WEBSITES

The Service may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites. We recommend you review those websites’ terms and conditions and privacy policies to ensure you are happy to use them.


19 GENERAL

Waiver

19.1 Failure by us to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations and a waiver by us of any default shall not constitute a waiver of any subsequent default.

Entire Agreement

19.2 These Terms of Service and any documents referred to herein represent the entire agreement between us and you and supersede any prior agreement, understanding or arrangement, whether oral or in writing. We each acknowledge that we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in these Terms of Service.

Transfer of rights and obligations

19.3 You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with your use of the Service, without our prior written consent.

19.4 You agree that we may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the Service.

19.5 You also agree that we may use third parties and sub-contract our obligations provided that we remain responsible to you for the performance of these Terms of Service.

Severance

19.6 If any of these Terms of Service should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding on and enforceable by both of us.

Third party rights

19.7 A person who is not a party to these Terms of Service has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms of Service but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.


20 NOTICE

20.1 All notices given by you to us must be given to Footy Index Scout Limited at PO Box .... or via e-mail at info@footyindexscout.co.uk

20.2 We will give notice to you via the Service or using the contact information you provided to us as part of your registration.

20.3 Notice will be deemed received and properly served immediately when posted to the Service, 24 hours after an e-mail is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the e-mail address provided by the addressee.


21 COMPLAINTS AND DISPUTES

21.1 If you have any queries at all regarding the Service, the items featured on the Service or any of the Terms of Service, please contact us by;

(a) sending an e-mail to info@footyindexscout.co.uk or

(b) writing to us at Footy Index Scout Limited, PO Box...... marking your letter for the attention of the Managing Director.

21.2 We will make every effort to resolve the matter in a mutually satisfactory manner. Upon initial receipt of a complaint our customer service staff will attempt to resolve your issue within 72 hours, if this is not possible your complaint will be escalated to our customer service manager. You will be informed about your complaints current consideration status. We will attempt to resolve the matter with you in a mutually satisfactory manner within 28 days. However, if you are still dissatisfied, you should refer your dispute to IBAS, email: adjudication@ibas-uk.co.uk or write to IBAS, PO Box 62639, London, EC3P 3AS. By agreeing to determination by IBAS, both parties agree to be bound by any decision reached by IBAS, subject to fair proceedings.

21.4 You may also use the European Commission's Online Dispute Resolution (“ODR”) platform available at http://ec.europa.eu/consumers/odr/. However, by using the ODR platform you will be directed to the relevant arbiter and this may prolong the process of resolving your dispute.

21.5 These Terms of Service and the use of the Service generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England.


Last updated: 02/02/2018 at 11:00 BST.