Terms and Conditions
This Agreement sets out the terms and conditions relating to the online content (“Content”) that Sandlanders Technology CIC (“the Siteowner”) will provide to you (“the User”).
By accessing www.sandlanders.com (“the Site”) the User is agreeing to the terms and conditions below. If the User uses the Site in the course of business the User is also agreeing to these terms and conditions on behalf of that business. If the User does not agree with the terms and conditions (or the User is not authorised to do so) the User should not use the Site.
If the User has any questions they should contact the Siteowner at firstname.lastname@example.org.
Services and Fees.
The Siteowner shall provide Content and shall offer online membership packages for visitors to the Site to become associate members of co-operative football clubs in Africa (“Memberships”). The Siteowner reserves the right to vary the cost of Memberships and the Memberships shall not give to the Users any voting or other legal rights in relation to the co-operative football clubs themselves.
When purchasing a Membership the User must provide the Siteowner with complete and accurate payment information. The User can pay using a credit or debit card or via PayPal as directed on the site. By submitting credit or debit card details to the Siteowner the User warrants that they are entitled to purchase the Memberships using those payment details. In the event of an unauthorised payment the Siteowner reserves the right to suspend or terminate the User’s Membership. If no payment authorisation is received or payment authorisation is subsequently cancelled, the Siteowner may immediately terminate or suspend Membership.
The Siteowner will try to process the User’s request for any Membership promptly but does not guarantee that the Membership will be available to the User by any specified time. In cases where Memberships require items such as shirts, badges and certificates to be delivered to the User, the Siteowner will endeavour to deliver such items within 28 days of purchase of the relevant Membership package but no guarantee is given as to delivery date.
Once the User has paid the fee for a Membership for an annual period, in the event that Membership is cancelled by the User during that period the User will have no right to a refund of the fee already paid. This does not affect the User’s statutory rights.
Registration and Privacy
Limitations on Use of the Site
All content and services provided by the Siteowner belongs to the Siteowner or is licensed to the Siteowner by Sandlanders Football Limited. The Siteowner or Sandlanders Football Limited own all the intellectual property rights in the content and services. The content and services provided are solely for the personal use of the User and the User shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement. The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Siteowner or Sandlanders Football Limited or otherwise relating to the Site.
Limitation of Liability
The User expressly agrees that the use of, and browsing of the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, including Sandlanders Football, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. The User expressly agrees that the downloading of any material from the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, including Sandlanders Football Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from the User downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to the User “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. The User must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties. While the Siteowner will use reasonable efforts to include accurate and up to date information on the Site, the Siteowner makes no warranties or representations as to its accuracy or completeness. The Siteowner is not responsible for any errors or omissions or for the results obtained from the use of such information. The User must make their own decisions on whether or not to rely on any information posted on the Site. The Siteowner reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site. No party who is involved in the workings of the Site will at any time be liable or responsible in any way for the Content, and information provided on or via the Site and for the User’s use of the Site. From time to time the Siteowner will make available to the User links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by the Siteowner and the User agrees that the Siteowner shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between the User and any third party named on the Siteowner’s Site are at the User’s sole risk and responsibility and the Siteowner expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.
The User agrees to indemnify, keep indemnified, defend and hold the Siteowner and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, including Sandlanders Football Limited, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Site or any breach by the User of these terms. The Siteowner or Sandlanders Football Limited reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defence of such claim.
Consequences of Breach of these Terms
In the event that the Siteowner or Sandlanders Football Limited considers or determines, in their complete discretion, that the User has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to: (a) warn the User that they have violated the Agreement and ask the User to discontinue such conduct; (b) discontinue the User’s Membership and/or any other related services; and (c) take measures (including terminating, suspending or restricting the User’s use of the Site) to prevent the User from using the Site or linking to the Site.
The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement, except in relation to the rights of Sandlanders Football Limited.
The User agrees that the Siteowner may vary this Agreement from time to time and that any updated form of the Agreement will replace the previous version on the Site.
Proper Law and Jurisdiction
This Agreement and all matters arising from it shall be governed by and construed according to the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. The User confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.