These terms and conditions apply to your use of our website www.contacttheplayers.com (the “Site”) and the service which we offer through the Site (the “Service”). Please read these terms and conditions carefully before using the Service or purchasing any Credits (as defined below).
By accessing any of the pages of the Site, you agree to comply with the terms and conditions set out below. If you do not agree with these terms and conditions, do not make any use of the Site and leave it immediately.
1 Information about us
1.1 This site is owned and operated by Contact the Players Limited ("CTP"). References to "we", "us" and “our” should be construed as references to CTP.
1.2 We are registered in England and Wales under company number 06643917 and with our registered office at Richmond House, Stockport Road, Marple, Stockport, Cheshire, SK6 6AF. Our VAT number is 937 4555 91.
1.3 If you want to ask us anything about these terms and conditions or have any comments or complaints on or about the Site, please contact us.
1.4 This website is not endorsed by, or in any way connected to, the FA Premier League. the Football League, the Scottish Premier League or any of their member Football Clubs
2 Your status and account
2.1 By using the Service, the Site or buying Credits (as defined below), you represent and warrant that you are either:
(a) 18 years of age or older; or
(b) less than 18 years of age but have a parent’s or guardian’s permission to use the Site, the Service and/or buy Credits (as applicable).
2.2 All accounts must be registered with a valid personal email address that you check regularly. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
2.3 You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. CTP shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
3 Use of Site Content
3.1 Subject to 6 below, all rights, including copyright and all other intellectual property rights, in all text, images, sound, software, service marks, logos and other materials on the pages of the Site (the “Site Content”) are owned by CTP or are reproduced on the Site with permission of the relevant rights owner. Photographs are owned and held by Action Images, and are published under the jurisdiction of the Football DataCo (Licence number to be confirmed).
3.2 You may not, without the prior written permission of CTP, copy, reproduce, distribute, download, display, post or transmit any of the Site Content in any form or by any means except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Site Content except for your own personal, non-commercial use.
3.3 The names, images and logos identifying CTP, its projects, products and services, or those of third parties, are the proprietary marks of CTP, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and CTP reserves all rights to enforce such rights that it might have.
4 Prohibited use
4.1 You may not use the Site or the Service:
(a) for the emailing of messages to players which are in any way inappropriate, abusive or threatening;
(b) for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
(c) in any manner which could damage, disable, overburden, or impair the Site;
(d) to make available personal data about any person other than yourself;
(e) to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;
(f) to impersonate any other person or entity or to provide inaccurate information;
(g) in any way which is abusive, vulgar, racist, sexist, defamatory, sexually orientated or obscene or which will harass, distress, embarrass or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site or the Service by any person;
(h) for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation;
(i) for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any (j) computer software or hardware or telecommunications equipment;
(j) to create a database (electronic or otherwise) that includes Site Content;
(k) to transmit or re-circulate any Site Content to any third party;
(l) in such a way so as to remove the copyright or trade mark notice(s) from any copies of any Site Content made in accordance with these terms and conditions; or
(m) in any way that might bring CTP or the players contacted through the Service into disrepute.
5 Consequences of prohibited use
5.1 If you fail to abide by the above rules when using the Service or otherwise visiting the Site, you will be sent an email which informs you why your message or contribution has been blocked or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account. This action may include a temporary or permanent suspension of your ability to use the Service and/or the Site.
5.2 If you send offensive, threatening or inappropriate messages or otherwise submit offensive, threatening or inappropriate content to the Site, and CTP considers (in its absolute discretion) such behaviour to be serious and/or repeated, CTP may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as the police, your employer, school or email provider about the infringement(s).
5.3 For the avoidance of doubt, you will not be eligible for any refunds in relation to messages which we block as a result us considering them to be (at our sole discretion) of an offensive, threatening or inappropriate nature.
6 Use of User Content
6.1 By submitting messages, suggestions or material (including emails to players, text, photographs, graphics, video or audio) (“User Content”) to CTP/the Site you are granting CTP a perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license such User Content in whole or in part and in any form anywhere in the world.
6.2 By submitting User Content to CTP/the Site you agree that CTP may use such User Content for any purpose and in any way it chooses, including, but not limited to, developing, manufacturing and marketing products using such User Content. Any User Content you provide shall be regarded as non-confidential.
6.3 By submitting User Content to CTP/the Site you waive all of the moral rights that you have under Chapter IV of the of the Copyright, Design and Patents Act 1988 in respect of any such User Content.
6.4 If you do not wish to grant CTP the rights set out above, do not submit User Content to the Site.
6.5 CTP shall have the unrestricted right to post on to the Site some or all of any User Content that you submit to CTP/the Site or to choose not to do so. If CTP chooses to post some or all of your User Content it may thereafter remove from the Site some or all of any User Content that you submitted to CTP/the Site at its discretion and without the need to give any reasons.
6.6 CTP does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these terms and conditions, you retain full ownership of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
7 Delivery of messages
7.1 Subject to 8 below, we will ensure that:
(a) in relation to players who from time to time have an agreement with CTP (”Star Players”):
(i) all messages that you send to Star Players in accordance with these terms and conditions will be delivered to them (either by email or verbally through their agent); and
(ii) Star Players will respond (either personally or through their agent) to all emails referred to in (i) above; and
(b) in relation to players with whom CTP does not have an agreement (“Other Players”), all messages that you send to Other Players in accordance with these terms and conditions will be printed and sent to them at the relevant club training grounds.
7.2 We make no representation or warranty as to whether Other Players will respond to messages.
8 Flagged messages
8.1 All messages sent to players should be in English. If you a send a message to a player in a language other than English, we will flag this to the player and the player may elect not to read and/or respond to the message.
8.2 All messages sent to players should be comprehensible and related to sports. If you send a message to a player which we consider (in our absolute discretion) to be incomprehensible or unrelated to sports, we will flag this to the player and the player may elect not to read and/or respond to the message.
8.3 For the avoidance of doubt, you will not be eligible for a refund in respect of any message which we flag in accordance with the above (and which, you may not receive a response to as a result).
9.1 We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address or any other details that would allow you to be personally identified) in any messages to players or other User Content. CTP shall not be liable to any person for any loss or damage which may arise as a result of any such disclosure of personal information by you.
10 Message responses – press use
10.1 All message responses from the players are personal responses and remain the property of the players or CTP. These responses are of a confidential nature, and may not be published in any form, on the internet or in the print media, without the prior written consent of the player involved, his registered agent, or CTP. Any breach of this term may result in legal action being taken against you.
11.1 Users are able to buy credits (“Credits”) through the Site. Each Credit gives you the opportunity to send one email to a player of your choice via the Site. The minimum number of Credits that may be purchased at any time is five.
11.2 After placing an order for Credits, you will receive an email from us acknowledging that we have received and activated your order. Your order constitutes an offer to us to buy Credits. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Credits have been credited to your account (the “Confirmation”). The contract between us will only be formed when we send you the Confirmation.
11.3 Payment for Credits must be by credit or debit card or by Paypal. On receipt of your order we will debit your debit/credit card for the purchase price. However, if we subsequently do not accept your order, we will re-credit your debit/credit card and notify you accordingly.
11.4 Credits last for 12 months, after which time they will expire, and will be removed from your account.
11.5 As we are a UK organisation, all charges shown on the Site are in Pounds Sterling. If you are purchasing from overseas, your card issuer or bank will convert the charge into your local currency. The Site and these terms and conditions have been designed for use within the UK. Whilst we will consider requests for services from outside the UK, we give no warranty, express or implied, that the Site, the Services or the placing of any order through the Site from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products, Services or promotions not permitted under your local law are not offered to you. Furthermore, we reserve the right to refuse any order or request at our discretion from overseas customers and we will have no obligation to provide you with any reasons for refusing an order or request.
11.6 The prices payable for the Credits are the prices set out in the Site in Pounds Sterling on the date of your order.
11.7 Our displayed prices are inclusive of VAT.
11.8 On agreeing to these terms and conditions, you agree that, since on our acceptance of any order made by you for Credits, you will immediately be able to send messages to players via the Site, the Service offered to you will begin at that time and before the conclusion of the seven day statutory cancellation period provided for under the Consumer Protection (Distance Selling) Regulations 2000 and the seven day cancellation period therefore ends on our acceptance of your order and receipt of the purchase price of the Credits.
11.9 As we are unable to cancel your order or offer any refunds once Credits have been credited to your personal account we recommend that you check all your details thoroughly before submitting an order.
12 Warranties and liability
12.1 CTP makes every effort to ensure that the Site is free from viruses or defects. However, we do not warrant that the Site will be free of viruses or other harmful components, nor do we warrant that your use of the Site or any websites accessible through it (“Third Party Sites”) won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Site and Third Party Sites and screen out anything that may damage it. CTP shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using the Site.
12.2 Those who choose to access the Site from locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
12.3 The Site Content has been included in good faith and is only for your general information and is for recreational use. In particular, the Site Content does not constitute any form of advice, recommendation or arrangement by CTP and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. You are responsible for checking the accuracy of relevant facts and opinions given on the site before entering into any commitment based upon them. All conditions, warranties terms and undertakings express or implied statutory or otherwise in respect of the provision of the Site Content are excluded to the fullest extent permitted by law.
12.4 The Site Content may contain inaccuracies or typographical errors. CTP makes no representations about the reliability, availability, timeliness and accuracy of the Site Content.
12.5 The Site contains links to Third Party Sites. CTP neither endorses nor takes responsibility for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you decide to use these links to access Third Party Sites you do so at your own risk.
12.6 On some of the pages of the Site you may be informed of the opportunity of entering into agreements with third parties. CTP is not liable in relation to, and takes no responsibility for, any contract entered into by you with any third party.
12.7 Save as expressly provided for in these terms and conditions, CTP shall not be liable for any direct, indirect or consequential loss or damage (including, without limit, loss of property or profit, business revenue or opportunity or anticipated savings and loss of or damage to any data) or for any costs, claims or demands of any nature whatsoever arising directly or indirectly out of the use of or access to the Site, the Service or the Site Content or any part thereof or in respect of any defect therein or any failure to provide or the late delivery of the same howsoever arising. This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
14 Changes to these terms and conditions and amendments to Site Content
14.1 CTP reserves the right, at its discretion, to make changes to any part of the Site.
14.2 Due to its policy of updating and improving the Site, CTP may wish to change these terms and conditions from time to time and you agree to be bound by the terms and conditions which apply at the time of your use of the Site.
15 Advertising and sponsorship
15.1 The Site may contain third party advertising and sponsorship and advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site complies with all applicable laws. CTP will not be responsible for any error or inaccuracy in advertising material.
16.1 From time to time CTP may run competitions, free prize draws and promotions on the Site. In each case these will be subject to additional competition terms which will be made available on the Site.
17 Written communications
17.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site and/or the Service, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we may provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
18 Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control (“Force Majeure Event”).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
18.3 Our performance under these terms and conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions may be performed despite the Force Majeure Event.
19 Entire agreement
20 Choice of law and jurisdiction
20.1 These terms and conditions shall be governed by, and construed in accordance with, English law and the parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
21.1 If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.
21.2 Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.