Terms & Conditions
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.
ALSO READ THE SECTIONS AND CLAUSES HIGHLIGHTED IN BOLD VERY
CAREFULLY: CLAUSES 4.2, AND 16.
OF OUR TERMS OF SERVICE
RIGHT TO AMEND THESE TERMS OF SERVICE
TO THE SERVICE
AND USE OF OUR SERVICE
AND ACCOUNT SECURITY
BONUSES & MEMBERSHIP SUBSCRIPTION FEES
UP REBATE AND REFER A FRIEND BONUS PAYMENT
& SUSPECTED ERRORS
PROPERTY IN OUR WEBSITE AND THE CONTENT
PRIVACY AND COOKIES
TO THIRD PARTY WEBSITES
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.
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
In addition to these Terms, your use of the Service may also be
subject to the following:
the Sign Up, Refer a Friend and Membership Subscription with the
Footy Index Scout Rules; and
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.
the “Terms of Service").
If there is any conflict or inconsistency between:
the Sign Up, Refer a Friend and Membership Subscription Rules;
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.
DEFINITIONS & INTERPRETATION
“Account” refers to a Football Index Scout account held by an
“Account Holder” is an individual who has opened an Account on
the Website or via the App.
“App” is defined in the introduction.
“Footy Index Scout" is defined in the introduction.
"Card" refers to all types of cards with a function of
"payment", "charge", "debit", "credit",
"virtual", and/or other payment instrument.
“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):
“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.
“Sign up, Refer a Friend and Membership Subscription Rules” are
the rules that govern the use of the Service.
“Service” is defined in the introduction.
“Terms of Service” is as defined in the introduction.
“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.
“user” or “you”, “your” refers to a visitor of the
Website and/or the App, an Account Holder or customer as applicable.
"Website" is defined in the introduction.
All references to “including” shall mean “including without
All references in the Terms of Service to the singular shall include
the plural and vice versa.
All references to “the” shall include “a/an” and vice versa.
ACCEPTANCE OF OUR TERMS OF SERVICE
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
You must review these Terms of Service each time you use the Service
and print a copy of them for your future reference.
If you do not agree with these Terms of Service, you must not click
the acceptance button and you may not use the Service.
OUR RIGHT TO AMEND THESE TERMS OF SERVICE
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.
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.
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.
CHANGES TO THE SERVICE
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.
AVAILABILITY AND USE OF OUR SERVICE
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.
You must not:
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;
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
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;
use the Service for any illegal or unauthorised purpose; or
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.
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.
By using our Service, you confirm and agree that:
you are legally capable of entering into binding contracts;
are a physical person (a legal entity will not be accepted as an
are not acting on behalf of another party;
are not conducting criminal activities whereby an Account is directly
or indirectly involved;
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;
any information provided in your application form is true, complete
If you are found to have breached any of the Terms of Service:
we may cancel any Sign Up Rebate or Refer a Friend Bonus due or any
Monthly or Annual Subscription deposit you may have placed;
we may refer the matter to the police, crime prevention bodies,
guardians, and/or family members, or any appropriate regulatory
REGISTERING AN ACCOUNT
To open an Account, you must provide the following information and
other information in the Account opening form:
your first and last name;
your place of residence;
your valid email address;
a confidential username and a password; and
your PayPal account details.
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.
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.
When opening an account, you confirm you understand and agree that:
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
you may only use the Service for individual, personal and not
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.
PASSWORD AND ACCOUNT SECURITY
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
such applications meets the other criteria laid down in these Terms
of Service; and
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
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.
REBATES, BONUSES & MEMBERSHIP SUBSCRIPTION FEES
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.
Users can only pay Membership Subscription fees to their Account in
Pounds Sterling GBP (“GBP”).
Cheques or bank drafts will not be accepted by us.
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.
Funds will be paid to your PayPal account provided that:
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;
all payments due into your PayPal Account have been confirmed as
cleared and have not been charged-back, reversed or otherwise
you have complied with the rest of these Terms of Service.
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.
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
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.
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.
We may at any time set off any amount on deposit in your Account
against any amounts owed by you to us.
SIGN UP REBATE AND REFER A FRIEND BONUS PAYMENT
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.
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
ERRORS & SUSPECTED ERRORS
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.
We reserve the right to correct any reasonably obvious errors in
Rebates or Bonuses paid to you where such have occurred.
Should funds be credited to your Account in error, it is your
responsibility to notify us of the error without delay.
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
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
PROVISION OF INFORMATION
provide information relating to historical and up to date facts in
the Professional Football industry. We in no way seek to;
advise Account holders on if, when, how and where to gamble or
recommend Account holders on if, when, how and where to gamble.
CLOSURE OF ACCOUNTS
Please contact us if you wish to close your Account.
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.
INTELLECTUAL PROPERTY IN OUR WEBSITE AND THE CONTENT
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.
USER GENERATED CONTENT
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.
For any User Generated Content you provide, you shall ensure that
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
does not infringe any third party intellectual property rights or
privacy rights anywhere in the world;
does not contain any defamatory or otherwise inappropriate materials
does not contain any form of malicious computer code (e.g. viruses,
bugs, trojan horses etc.) which could disable or disrupt any of the
complies with all applicable laws and regulations; and
may be used in connection with publicising and promoting us and our
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.
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.
READ THIS SECTION CAREFULLY AS IT SETS OUT IMPORTANT INFORMATION
CONCERNING OUR LIABILITY TO YOU AND YOUR LIABILITY TO US:
We agree to provide the Service with reasonable skill and care and as
described in these Terms of Service.
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.
You acknowledge that we cannot guarantee that the Service will:
meet your requirements;
stay the same (as we might change the Service or remove it
be compatible with all or any hardware or software which you may use;
be available all the time or at any specific time;
be accurate, up-to-date or reliable; or
be error-free or free of viruses, electronic bugs, Trojan horses or
other harmful components and you must take your own precautions
You also acknowledge that:
we cannot guarantee the performance or security of our Service; and
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.
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
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.
We do not acknowledge or accept any liability for damage and/or
losses to you and/or a third party caused due to any:
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
cancellation of a game for any reason beyond our reasonable control;
violation of the Terms of Service by you or a third party;
collusion and/or criminal actions by you or a third party;
advice or recommendations provided by a third party via the Service;
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.
We shall not be liable to you in contract, tort (including
negligence), breach of statutory duty or however arising for:
loss of data;
loss of reputation;
loss of opportunity;
loss of goodwill; or
any indirect or special loss.
Nothing in these Terms of Service shall affect your statutory rights
as a consumer.
YOUR PRIVACY AND COOKIES
privacy of your personal data is important to us. Please see our
LINKS TO THIRD PARTY WEBSITES
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.
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
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.
of rights and obligations
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.
You agree that we may transfer, assign, charge or otherwise dispose
of any rights or obligations arising under or in connection with the
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.
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
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
All notices given by you to us must be given to Footy Index Scout
Limited at PO Box .... or via e-mail at firstname.lastname@example.org
We will give notice to you via the Service or using the contact
information you provided to us as part of your registration.
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.
COMPLAINTS AND DISPUTES
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;
sending an e-mail to email@example.com
writing to us at Footy Index Scout Limited, PO Box...... marking your
letter for the attention of the Managing Director.
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:
firstname.lastname@example.org 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
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
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.
updated: 02/02/2018 at 11:00 BST.