PitchRMT Ltd Terms and Conditions
These Terms and Conditions apply to the entire contents of the present website, PitchRMT.com and also services provided by PitchRMT Ltd accessible to subscribers, as defined below, or to certain Subscribers categories on the internet, on your mobile phone or through a mobile phone application. Certain Specialised Sport Science Services, as defined below, are accessible to Subscribers free of charge and others with a subscription only.
If you are a Subscriber please note the legal entity you are entering into a contract with is:
PitchRMT Ltd, a private limited company incorporated in England and Wales with registered company number 11004827 whose postal address is 89 Mill Road, Kettering , Northampton and whose registered offices are at 89 Mill Road, Kettering, Northamptonshire NN160SA.
These Terms and Conditions are binding documents, which govern your use of our services and our provision of these services to you. You are advised to read these terms and conditions carefully; this will help ensure that they contain everything you require and that there is nothing within them that you are not prepared to agree to. If they contain anything that you are not willing to agree with then your only course of redress is not to use any of the services offered by any of our brands.
ARTICLE 1. DEFINITIONS AND INTERPRETATIONS
The following terms shall have the following meanings in these Terms and Conditions:
“Agreement” refers to a Member’s acceptance of these Terms and Conditions.
"Trial Event(s)" refers to one or all of the paid trial events or activities permitting Members and scouts, managers or coaches to meet in person.
“Member(s)” refers to any or all valid registered users of our Service, whether or not they access Paid Services (hereinafter “you”, “your” or “Member”).
“Member Content” refers to the information contained in the Member’s profile, created by the Member and displayed on any of our Site(s) from time to time.
“Paid Services” refers to all Services offered by the Sites accessible, at rates quoted, to Members with a valid Subscription.
“Service(s)” refers to the entirety of the services, whether paid or unpaid, available to Visitors or Members, whether they are PitchRMT Ltd or any other third party services provided through the website.
“Site(s)” refers to the internet sites of PitchRMT Ltd, the central Specialised Sites and the mobile applications created by PitchRMT Ltd to provide the Services.
“Specialised Sites” refers to one or all the Sites reserved for certain Member categories.
“Subscription” refers to a fixed rate contract giving unlimited access to our paid Services, as required, for a limited period specified for the particular subscription, which automatically renews after the purchased period where the subscription has been purchased using a bank card or any other method of payment listed on our website and allowing continuing debits to be made.
“Visitor(s)” refers to one or all the user(s) who have access to one or more PitchRMT Ltd Events without having registered on the Sites.
The terms “us”, “we” and “our” refer to all brands owned and operated by PitchRMT Ltd for the purposes of this Agreement.
ARTICLE 2. REGISTRATION
To become a Member of our Sites you must be at least sixteen (16) years old.
You must complete all of the fields on the registration form(s) and satisfy all the requirements for registration or access to the Services concerned.
You should not have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harm to children or vulnerable adults or harassment. You are advised that a breach of this clause constitutes a serious breach of this Agreement.
Should you wish to register someone other than yourself for our Services you must have obtained the prior consent of this third party in order for us to process their data and provide the Service to them either directly or via yourself.
ARTICLE 3. YOUR RIGHT TO CANCEL UNDER THE CONSUMER CONTRACTS REGULATIONS 2013
This section applies to you if you are a “consumer” as defined under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
You have the right to cancel your contract for the Services within fourteen days from the date of placing your initial order for a Subscription (“Cancellation Period”), by using the contact form (when logged into your account) or writing to our customer care team whose postal address is 89 Mill Road, Kettering, Northamptonshire NN160SA and whose registered office is at 89 Mill Road, Kettering, Northamptonshire NN160SA.
If you cancel your contract for the Services during the Cancellation Period, we shall reimburse you for all payments received from you.
All reimbursements shall be made to you within fourteen days and using the same means of payment you used for the initial transactions, unless we have expressly agreed otherwise.
Cancellation rights under this Article only apply to your initial order for a Subscription and do not apply to Subscription renewals.
In agreeing to these Terms and Conditions, you expressly request that we provide you with the Services immediately and within the fourteen-day statutory Cancellation Period.
ARTICLE 4. ACCESS, BOOKING AND CANCELLATION REQUIREMENTS FOR EVENTS
To book an Event on the dedicated Site, you must be a Member.
If you are interested in paying to attend to one of the Events you must first identify yourself by entering your email address and password and accepting these Terms and Conditions. You will then be able to book any Event, provided you are a Member of the Services.
The registration process on the dedicated page is as follows:
- Click on the Event of your choice to access its description page;
- Enter the requested and necessary information and access the summary which lists the name of the chosen Event and the total price;
- Choose the method of payment and then submit your booking for the Event, subject to acceptance of the present terms and conditions for registering with the PitchRMT Ltd service;
- Once the payment has been processed you will be able to see an overview of the payment order, including the purchase reference, the selected Event, the invoiced amount and the billing date. PitchRMT Ltd will also acknowledge receipt of the purchase after submission by e-mail, including the essential elements of the contract, namely the username of the Member, the beneficiary of the service purchased, the Event selected, the amount invoiced, as well as the present Terms and Conditions and contact information for PitchRMT LTD.
Before submitting your booking for the chosen Event, you must ensure that all the information displayed is in line with the information you have provided, as you will not be able to modify those after submitting your booking.
This booking binds you irrevocably and you can cancel the contract only in accordance with the below conditions of cancellation.
Events are not subject to a right of cancellation in accordance with Article 28 (1) (h) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Consequently, any registration to the Events carried out on the Site is subject only to the terms of cancellation provided for in this Article 4 and the Member cannot exercise any further rights of cancellation.
You may cancel your booking for any Event without charge up to 72 hours before the date of the Event. PitchRMT Ltd reserves the right to examine any request for cancellation on a case-by-case basis following receipt of supporting documentation for any cancellations requested less than 72 hours before the Event.
Any request for cancellation must be made by telephone by calling the number provided herein (a confirmation by email will also be requested) or by any means allowing acknowledgement of receipt, using the contact details contained herein. The date of receipt of the aforementioned confirmation shall be the date used for the calculation of the costs referred to below.
In case of cancellation by you, only the price of the Event will be refundable. In no event will any expenses of any kind whatsoever be refunded or compensated.
It is specified that if you do not show up or are unable to participate in the Event at the times and places mentioned in your contract, no amounts will be refunded.
ARTICLE 5. USE OF THE SERVICES
Once you have registered and, where applicable, completed your Subscription form, you will have access to the Services in accordance with the type of Subscription purchased.
You will have access to the fitness data, your Member profile will be visible to other coaches, scouts and managers and Visitors of the site and you will be not be able to contact the coaches, scouts or managers of clubs; however if interested they will be able to contact you through your profile, subject to the restrictions put in place by those Members.
Member profiles will consist of a bronze, silver, gold and platinum subscriptions. The bronze subscription will be free, while the silver, gold and platinum subscriptions will have a monthly or annual fee applied to them. The subscription applied for will have added functionality and also different events afforded to the subscriber. All subscription packages will have a scout functionality but also a visibility function whereby the user can control the visibility of their individualised data to other users only not to the potential scout, manager or coach.
Password(s) and any other information used to identify a Member are strictly private and confidential and must not be passed on or shared with any third parties.
To access the Services, you will need a computer, laptop and/or smart mobile phone. It is your responsibility to ensure that you have (and continue to have) access to one of these devices including the cost of using these devices.
We may deactivate accounts of Members who have not used the Services for six months (bronze) or twelve months (silver, gold, platinum) for whom no Subscription remains valid. In the case of paying Members, this twelve-month period begins on the date that the last Subscription expired.
You must complete 70% of your profile, including the following details: age, height, resume, playing position, education, fitness data, psychology data, social data.
You must have a validated photo
You must complete the PitchRMT Ltd fitness tests, available here:
You must write your profile description
You must have received validations from your coach, manager or scout exemplifying your ratings from PitchRMT Ltd in the last month. An alternative paid service for validations in terms of a sport science event day will also be available to all users. Validation will have two ways to assess the data, the first process will be for the user’s data to validated by their coach or manager as a witness to the user collecting the data. The second process will be a more rigorous sport science validation process whereby the user can pay for a session with a (registered with PitchRMT Ltd) sport scientist. This element of validation process will be visible to the scouts, managers and scouts.
ARTICLE 6. YOUR SAFETY AND SECURITY
Additionally, we do not have a contractual obligation, moral or ethical responsibility or the technical means to:
Authenticate the identity of persons who register as Members of PitchRMT Ltd.
Verify or monitor Member Content (although we do reserve the right to monitor Member Content if we consider it appropriate to do so)
As a Member you are advised not to assume that any Member Content is accurate. A person may not be who he or she claims to be. You should at all times exercise the same caution you would normally when you meet a player, coach, scout or manager. We cannot be liable for false or misleading statements by Members.
As a Member you at all times remain solely responsible (and liable) for the use of your identification information by third parties or for the actions or statements made through your Member’s account, whether these be fraudulent or not.
When arranging to meet player, scout, coach or manager through use of PitchRMT Ltd, you must take appropriate precautions, inform an individual third party of the meeting and/or bring a parent, guardian or friend along to the meeting (inform all parties of this arrangement). Any such meetings are at your own risk and are not our responsibility.
You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind. For the avoidance of all doubt, we shall not be liable if your identity is used by someone else.
If you feel or suspect that there has been a breach (of any kind) of your account and/or the information displayed on your player profile then you must immediately notify us. Additionally, you should also adjust your password.
ARTICLE 7. MEMBER OBLIGATION
As a Member you agree not to:
breach any applicable law, regulation or code of conduct through use of the PitchRMT.com
send any aggressive or threatening messages to any other Member either via the site or via any other form of communication
be aggressive, threatening or harmful in any way towards other Members when meeting in person
broadcast or publish in any form whatsoever Member Content, comments or any other content that infringes the rights of others or that is defamatory, injurious, obscene, offensive, violent or can/does incite violence, or is in any way, shape or form racist or xenophobic
make any comment (whether in writing or verbally) that is contrary to the purpose of any of our sites’ current rules and laws in force or to acceptable norms and standards
upload photographs, videos or any other information in terms of data or files supplied by a Member that are indecent
upload photographs, videos or any other information in terms of data or files supplied that do not refer exclusively to the Member or to a third party from whom the Member has expressly obtained consent and are the sole responsibility of the Member concerned
provide email addresses to us of other persons or publish or send any Member Content referring to other persons without having obtained their prior consent
reveal through the Services any information that enables the Member to be personally identified or contacted by means other than through the Services, including last name, postal address, email address or telephone number
use the Services for junk mail, spam, or pyramid or similar or fraudulent schemes
ARTICLE 8. MEMBER CONTENT
For the avoidance of all doubt, it is your responsibility to decide which information to publish or send as Member Content. PitchRMT Ltd or the any other companies PitchRMT Ltd cannot be held liable for any misuse thereof by any other Subscriber or team representative (i.e. a coach, scout or manager of an associated club) or any third party.
The information supplied by a Member must be accurate and conform to reality. The consequences of disclosing information on the life of the Member or of other Members are the sole responsibility of the Member concerned.
Consequently, he/she waives all recourse against PitchRMT Ltd, notably on the basis of any possible damage to the Member’s right to his/her image, the Member’s honour and reputation, or the Member’s privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this Agreement since the Member has given his/her prior, free and express consent to such revelation through his/her Registration with the Service and in application of this Agreement.
We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, personal ad or any other Member Content for any reason we deem fit. We also reserve the right to terminate any Member account for any reason we deem fit.
We are not liable for Member Content or other activities of Members which may breach the rights of other Members or third parties.
Members are urged to notify PitchRMT Ltd of inappropriate Member Content. You acknowledge that such notification may take place and that we may take steps outlined in this Agreement in respect of such information which comes to our attention.
We reserve the right to irretrievably delete messages and other Member Content after any period of time if we exercise any right of termination under this Agreement.
ARTICLE 9. PAYMENT TERMS
The use of the Paid Services assumes that the Member has a Subscription. Members can acquire a Subscription either by using a credit card (on the internet or by telephone), or by other payment methods proposed by the Sites. Subscriptions can be purchased via the Sites or the mobile phone application.
The prices and the terms of payment for the different Paid Services are displayed at all times on the Sites, including at the point when the Member chooses to make a purchase. The payment or subscription rates will be based on a bronze, silver and gold subscription basis (and in the future platinum subscription). These fees will be fixed unless otherwise stated within a 6month notice period to subscribers.
Any scout, manager or coach that subscribes to PitchRMT.com will also owe an additional fee applied to any future success of players / members. This fee will be representative as a percentage of all future transfer fees (in the amount of 10%; as an example, if a player signs a transfer fee agreement for a team as a result of using our service PitchRMT Ltd at £1000 the associated fee to PitchRMT Ltd will be £100). The same 10% fee and payment applies for all future transfer fees of that player that was identified through our services.
If a player is on a free transfer or is out of contract but uses PitchRMT Ltd services the 10% fee applies for any interested teams or third parties involved in the transfer agreement of the player.
The activation of a Subscription on a Member’s account occurs as soon as, or a few moments after, a valid transaction has been completed (successful online transaction).
The Member can contact the Sites at any time to cancel their Subscription. The cancellation will take effect from the expiry date given for the active Subscription.
All Subscriptions will be automatically renewed unless the Member notifies us of their wish to terminate their Subscription at least 1-week (7 days) before the Subscription’s expiration date. The renewal shall be performed in accordance with the manner of payment originally chosen by the Member, at the price rate of the Subscription to which the Member originally agreed. For the avoidance of all doubt, Members can avoid having their Subscription auto-renewed if they contact us at least 1-week (7 days) before their Subscription expiration date to terminate their Subscription. Please note that suspending your account does not automatically cancel the automatic renewal of your Subscription.
Members (in the future) can also subscribe to mobile phone applications. These applications can be provided by other service providers (such as iTunes or mobile services providers) and therefore may be subject to other payment conditions than those used and available to Members on any of our Sites. Any such applicable terms will only apply to one-off purchases and all relevant terms and conditions associated with these payments will be brought to the attention of the Member prior to purchase.
ARTICLE 10. TERMINATION
A Member may at any time and without the need to provide any reason end his/her Registration with us by requesting the closure of his/her account in the area of the Sites designated for such purposes. Such request shall be deemed effective from the first working day after receipt by us of the request for closure of the account concerned. Such a request does not trigger reimbursement of, if appropriate, any time remaining on the Member’s Subscription.
Termination of a Subscription, by a Member, shall be effective on the applicable Subscription’s expiration date provided the Member has contacted us at least 1-week (7 days) before their Subscription expiration date, otherwise it will automatically renew.
If a Member commits a serious breach of this Agreement, we will terminate the Member’s account without prior notification or warning. Such termination shall have the same effects as a termination by the Member.
If a Member commits a breach of this Agreement, we will terminate the Member’s account seven (7) days after having sent to the Member an email requesting unsuccessfully that he or she comply with this Agreement.
If PitchRMT Ltd receives reports of a breach of this Agreement, including unacceptable conduct when meeting offline, in person, we may react to such reports and terminate a Member’s account with immediate effect.
Such termination shall take effect without prejudice to any damages that we might claim from the Member or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches.
The Member will be informed by email of the termination, or the confirmation of the termination, of his/her account. Data relating to the Member will be destroyed at his/her request or upon expiration of the legal time period following the termination of the Member’s account.
As noted in herein, Members can also subscribe to mobile phone applications. Mobile phone applications can be provided by other service providers and therefore may be subject to other termination requirements and provisions. Members are urged to consult their mobile phone application for full details.
ARTICLE 11. PERSONAL PRIVACY AND PROTECTION OF MEMBER DATA
We uphold the strictest of standards with respect to protection of privacy and of personal information (under the data protection act 1998) and of all details on how we store and use the information you provide to us. We are GDPR compliant and we take your data protection very seriously.
ARTICLE 12. INTELLECTUAL PROPERTY
The trademarks (including but not limited to those of the Sites), logos, graphics, photographs, animations, videos and texts featured on the Sites and in our provision of the Services are the intellectual property of PitchRMT Ltd or their partners and may not be reproduced, used or represented without the express permission of PitchRMT Ltd, under threat of legal action.
The rights of use granted by ourselves to the Member are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and the use of these documents for private and personal purposes in the scope of, and for the duration of, the Member’s membership. Any other use by the Member is prohibited without the express authorisation of PitchRMT Ltd.
In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever, the Services, or elements comprising any part of the Services, from any of the Sites’ webpages, software or code.
ARTICLE 13. LIABILITIES AND WARRANTIES
This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us. Nothing in this Agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited (including that which may not be excluded or limited pursuant to the Data Protection Act 1998).
You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.
We shall not be liable for any damage to a Member caused or contributed to by that Member, for example by not complying with this Agreement.
Subject to the foregoing, in no event (including our own negligence) will we be liable for any:
economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings)
loss of goodwill or reputation
special, indirect or consequential losses
damage to or loss of data (even if we have been advised of the possibility of such losses)
ARTICLE 14. INDEMNITY
You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third-party claims and liabilities related to your breach of this Agreement and/or to your use of the Services.
ARTICLE 15. FUNCTIONING OF THE SITES AND SERVICES
The Member must have the skills, hardware and software required to use the internet or, as appropriate, internet, telephone and Audiotel Services, and acknowledges that the characteristics and constraints of the internet mean that the security, availability and integrity of internet data transmissions cannot be guaranteed.
We do not guarantee that the Services will function if the Member activates a pop-up killing tool. In this case, the function should be deactivated before using the Service.
We do not guarantee that the Services will be usable if the Member’s Internet Service Provider (“ISP”) is unable to provide its services properly. In this context, we cannot be held responsible for the non-functioning, unavailability or adverse conditions of usage of the website resulting from incorrect hardware, problems experienced by the Member’s ISP or blockages on the internet networks or for all other reasons outside our sphere of influence. Moreover, due amongst other things to the specifics of their internet browser, Members connecting through AOL may encounter problems making our sites function properly. Furthermore, mobile phone applications are only available to our Members in possession of the smartphone handset and internet access is required.
Under these conditions, we do not guarantee that the Services shall function without interruption or error. In particular, the use of our Sites may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, we shall inform Members prior to maintenance work or updates.
ARTICLE 16. THIRD PARTY WEBSITES
We or third parties may provide links on our Sites to third party websites. You use them at your own risk. We do not review, recommend or endorse such third-party websites, nor are we responsible for their content or any goods or services offered thereon. If in the course of performing a search on our Sites you encounter any third-party website the use of which would violate applicable law, you must immediately refrain from and/or cease use of such website.
ARTICLE 17. ENTIRE AGREEMENT
This Agreement and the pages on the Sites to which these terms refer, constitute a contract that governs the relationship between the Member and PitchRMT Ltd. They cancel and replace any Agreement that may have been made in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of our Members.
If any of the provisions of these Terms and Conditions is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Furthermore, failure by a party to take action in respect of the breach by the other party of any provisions of these Terms and Conditions, shall not be interpreted as constituting a waiver by said first party of the right to take action in future in respect of such a breach.
ARTICLE 18. AMENDMENTS
We may modify these Terms and Conditions at any time. The Member will be informed of the nature of these modifications as soon as they are posted on the Sites. The modifications shall take effect one month after their posting on the Sites unless specified otherwise. For Members registered after any modifications have been put online, these modifications shall be immediately applicable, as the Member will have expressly accepted them when the account was opened.
ARTICLE 19. JURISDICTION AND APPLICABLE LAW
This Agreement shall be governed by the law of England and Wales.
For any questions you wish to ask, you may contact PitchRMT Ltd.