1.1 These terms and conditions (“Agreement”) govern the operation of the sports match organization service by Quickball Limited (“we”, “our”, “us”, “Quickball”) at https://www.quickball.co.uk/ (“Site”). This Agreement includes our Privacy Policy. You should read and agree the Agreement and download a copy for your records. The Site may be used by any person or entity whose application to register with us we approve under Clause 3 (“you”, “your”). Quickball is helps groups of sporting participants to organise and contribute to the cost of their match (“Match”). For this to happen, someone in the group has to take the lead in organizing the Match (“Manager”), who invites the other participants (“Players”) to participate and sets the amount that each Player has to pay to the Manager to arrange the Match, inclusive of the Service Fee specified in Clause 2.2 (“Match Fee”) under a direct contract between each Player and their Manager agreed by completing the registration form found on the Manager's group page on the Site containing the provisions shown in the Annex to this Agreement (“Match Contract”). Players pay the amount of the Match Fee to Quickball, in its capacity as agent for the Manager, and Quickball pays the funds to the Manager net of Quickball’s service fees (see Clause 2).
1.2 Words to which we have given a particular meaning in this Agreement begin with a capital letter, and have the meaning given where they first appear.
1.3 This Agreement shall start on the date on which we notify you that your application to register for the Site has been accepted under Clause 3 and shall continue until canceled or terminated where permitted below (“Term”).
1.4 This Agreement is for customers who meet the eligibility requirements in Clause 3.1 and who are individual people (not companies or partnerships). The Site is only provided for use in the United Kingdom (“UK”).
1.5 You shall be entitled to cancel this Agreement within the 14 day period that begins on the day after you enter into it (“Statutory Cancellation Period”). If you cancel this Agreement during the Statutory Cancellation Period, any Match Contract(s) that you agree during the Statutory Cancellation Period will also be cancelled automatically. You may exercise your right of cancellation by emailing us to that effect at support@quickball.co.uk.
1.6 This Agreement is concluded in the English language and all communications (including any notices or the information being transmitted) shall be in English. If the Agreement is translated into any other language (whether for your convenience or otherwise), the English language text of the Agreement shall prevail.
1.7 Quickball Limited is a company incorporated in England & Wales under company registration number 14017006, having its registered office at 11 Duchy Road, Harrogate, HG1 2EZand registered with the Office of the Information Commissioner (registration number [ ]);
1.8 Any questions regarding the Site or service provided under this Agreement should be directed to us at support@quickball.co.uk unless otherwise advised by us. Alternatively you can call +44 781 504 0872, between the hours of 9am – 5pm Monday to Friday.
2.1 Each Manager hereby appoints and authorizes Quickball to act as the Manager’s commercial agent to negotiate or conclude each Match Contract with the Player only on the Manager’s behalf. In this limited capacity, Quickball is not a party to any Match Contract, which shall be formed directly between the Manager and the Player; and Quickball does not check what Managers or Players promise to do under each Match Contract. We cannot ensure that a Player or an Manager will do what they say they will, and cannot be held responsible for any act or omission on their part. As such, if you do not trust that a Player or Manager, as the case may be, will do what they promise, then please do not enter into a Match Contract with that person.
2.2 Each Manager charges the Player a Match Fee under the Match Contract. Quickball charges each Manager a service fee for providing its services to the Manager under this Agreement in the amount of £0.30 (30p) per Player, based on the number of Players who register to participate in the Manager’s Match (“Service Fee”). In our capacity as agent for the Manager, Quickball also acts as the ‘merchant of record’ that each Player will see on his or her card or payment account statement, but Quickball does not charge Players any fees and not as an agent for Players. Each Manager agrees that Quickball may instruct its payment service provider to: (a) deduct and pay to Quickball’s own account the amount of its Service Fee from the amount of each Match Fee paid by each Player; and (b) pay the amount of each Match Fee, less the Service Fee (“Net Match Fee”) to the Manager’s Nominated Payment Account (see Clause 3.1).
2.2 Each Player’s payment of his or her Match Fee to Quickball shall discharge or satisfy the Player’s obligation to pay the Match Fee due to the Manager under the Match Contract. That means if Quickball should fail to pay the Net Match Fee to the Manager, then the Manager will have no recourse to the Player for that amount. See Clause 5.2 for refunds of Match Fees.
2.3 Each Player’s payment of his or her Match Fee to Quickball shall discharge or satisfy the Player’s obligation to pay the Match Fee due to the Manager under the Match Contract. That means if Quickball should fail to pay the Net Match Fee to the Manager, then the Manager will have no recourse to the Player for that amount. See Clause 5.2 for refunds of Match Fees.
2.4 Where we are unable to pay the Net Match Fee due to the Manager (for example, on termination as explained in Clause 13.6), we will make all commercially reasonable efforts to refund the Net Match Fees to the Players who paid the relevant Match Fees (where possible, using the payment method originally used by each Player).
2.5 All Match Fees and Service Fees are inclusive of any applicable VAT, but as a commercial agent we will only account for VAT (if applicable) on our Service Fee.
2.6 We have no obligation to monitor or resolve any disputes between Managers and Players, but we may choose to do so in our own sole and absolute discretion as the ‘merchant of record’ under card scheme rules.
3.1 To register for and use the Site you must be an individual person who is at least 18 years of age and hold a payment account in your name with a UK bank or payment service provider (“Nominated Payment Account”). Each Manager must provide us with details of the Manager’s Nominated Payment Account so that we can pay Net Match Fees to the Manager and update those details with any changes. We reserve the right to check that you are the holder of the Nominated Payment Account at any time during the Term. If we accept your application to register on the Site, we will create a unique data account for you in our system (“Quickball Account”), which you may access using certain log-in details, including a password (“Access Codes”). Your Quickball Account is not a payment account and does not hold any funds, but only records certain personal details and transaction records.
3.2 You must keep your Quickball password secret and not to disclose it to any other person, or store or record it in a manner that makes it accessible to others. As long as the correct Access Codes are entered on the Site, we will assume that you are the person giving instructions and you will be liable for them. If you or we suspect that an Manager or Player will or has performed a fraudulent act, you should inform us and we may inform the police. We cannot however guarantee the outcome of a police action, and nor can we refund you your money.
3.3 If we believe you have acted fraudulently, or if we believe you have intentionally or with gross negligence failed to keep your Access Codes secure and confidential at all times, we will hold you liable for all subsequent transactions and any associated costs.
3.4 We will do all that we reasonably can to prevent unauthorised access to the Site.
3.5 Except as required by Applicable Law, we shall not be responsible, and you will be solely responsible, for (a) compiling and retaining permanent records of all your use of the Site and your Quickball Account, and (b) reconciling all transaction activity between your own system or device and the Site and your Quickball Account.
3.6 Upon the cancellation or termination of this Agreement for any reason, we shall have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with the Site (but we may do so to comply with our obligations under Applicable Law).
3.7 You are responsible for making all arrangements necessary for you to have access to the Site (for example ensuring you have an available internet connection) and for the provision of all equipment, software, systems and telecommunications facilities which are required to enable you to access and use the Site.
3.8 You certify that all information you provide to us at registration is accurate. You must have a valid email address registered with us at all times. If we become aware that an email that we sent to you did not arrive for any reason, your Quickbook Account may be temporarily suspended until you contact us with a verifiable address.
4.1 Managers are wholly responsible for fulfilling obligations both implied and stated for each Match in which they invite people to participate as Players, subject to the terms of each relevant Match Contract. The Manager sets the time and venue of the Match, number and identity of participants, Match Fees and a deadline for registering and paying to play. If enough people register and pay their Match Fees by the deadline, the Manager can inform us and we will pay the Net Match Fee to the Manager.
4.2 In our capacity as commercial agent and merchant of record, we reserve the right to cancel any Match and (unless it is unlawful to do so) refund all associated payments at any time for any reason, including where we suspect fraud or illegality or are instructed to do so by the policy or any other competent authority.
5.1 As each Match Contract is between the Manager and each Player, cancellation or termination of the Match Contract must be managed between the Organise and each Player.
5.2 Subject to our right of cancelation under Clause 4.2, once a Player has paid the Match Fee, all refunds must be handled between the Manager and their participating Players. The Manager may request Quickball to refund the Net Match Fees to the relevant Players if the Net Match Fees have not already been paid to the Manager under Clause 2.2. Where a refund of the full Match Fee is due to a Player from the Manager for a reason other than any breach of contract, negligence or wilful misconduct on the part of Quickball, the Manager shall still be liable to pay Quickball the Service Fee. If we have not already paid the Net Match Fee to the Manager, and the Manager requests us to refund the Net Match Fees to the Players, we will do so, but the Manager shall be liable to pay directly to each Player any amount required in addition to the Net Match Fee to ensure that each Player receives the required refund. If we have already paid the Net Match Fee to the Manager, then the Manager must pay the amount of the refund directly to each Player.
5.3 If you suspect fraudulent use of Quickball by an Manager contact us immediately at support@quickball.co.uk.
6.1 You may use the Site only for lawful purposes.
6.2 You must not use the Site: (a) in any way that breaches any Applicable Law; (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (c) for the purpose of harming or attempting to harm any person in any way; (d) to send, knowingly receive, upload, download, use or re-use any material which is defamatory, contains any material which is obscene, offensive, hateful or inflammatory, promotes sexually explicit material, promotes violence, or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (e) to send, knowingly receive, upload, download, use or re-use any material which is the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers or other identifiers, credit card numbers and/or debit card numbers and/or which is likely to deceive any person, be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence, promote any illegal activity, be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety, be likely to harass, upset, embarrass, alarm or annoy any other person, be used to impersonate any person, or to misrepresent your identity or affiliation with any person, gives the impression that it emanates from us, advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; (f) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; (g) to harvest or collect email addresses or other financial, personal or contact information of other users of the Site or from the Site by electronic or other means for the purposes of sending unsolicited communications; (h) to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your financial employment or personal circumstances or your affiliation with any person or entity; (i) to solicit personal information from anyone under 18 or solicit passwords or personal data for commercial or unlawful purposes.
6.3 You also agree: (a) not to use or attempt to use another person’s Quickball Account without authorization from us, or create a false identity in relation to the Site; (b) not to do or say anything that would bring the Site or Quickball into disrepute.
7.1 You must not: (a) misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;(b) attempt to gain unauthorised access to the Site, the server/servers on which the Site or any part of it is stored or any server, device, computer or database connected to the Site;(c) attack the Site via a denial-of-service attack or a distributed denial-of service attack or in any other way use the Site or any Site in any unlawful manner or in any other manner that could damage, disable, overload or impair the Site or any Site or the servers on which it is hosted. By breaching this provision, you could commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
7.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
7.3 You must not access without authority, interfere with, damage or disrupt: (a) any part of the Site;(b) any equipment or network on which the Site is stored;(c) any software used in the provision of the Site; or(d) any equipment or network or software owned or used by any third party;
1.1 We are the owner or the licensee of all Intellectual Property Rights in the Site, and the information in any form on the Site (“Content”) that we provide you via the Site (“Quickball Content”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. For the purpose of this Agreement, “Intellectual Property Right” means copyright, database right or trade mark, patent, moral right, design right, registered design, service mark, domain name, unregistered design or other intellectual property right anywhere in the world of any other person.
1.2 We grant to you during the Term a non-exclusive, non-transferable, revocable, licence in the UK to print off, and download extracts of, any Quickball Content for your own personal use, subject to the provisions of this Agreement (and not for use by or for the benefit of any person other than your employee(s)) and not for commercial use or exploitation. You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of the Quickball Content must always be acknowledged. Nothing in this Clause 8 shall affect your rights under Applicable Law.
1.3 When you post or upload Content to the Site (“Your Content”), you authorize and direct us to make such copies of it as we consider necessary in order to facilitate the publication, display and storage of Your Content in relation to the Site or on the Site. By posting Your Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute Your Content for any purpose on or in connection with the Site or the promotion of it, to prepare derivative works of, or incorporate into other works, Your Content, and to grant and authorize sublicenses of the foregoing. You may remove Your Content from the Site at any time, subject to the provisions of Clauses 3.5 and 3.6. If you choose to remove Your Content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of Your Content.
1.4 You are solely responsible for Your Content. You must not post, transmit, or share Your Content on the Site that you did not create or that you do not have permission to display, publish or post. You understand and agree that we may, but are not obliged to, review the Site or the Site and may delete or remove (without notice) any of Your Content in our sole and absolute discretion, for any reason or no reason, including without limitation any of Your Content that in our own absolute discretion violates any provision(s) of this Agreement. You are solely responsible at your own cost and expense for creating backup copies and replacing any of Your Content.
1.5 (a) reproduce, duplicate, copy or re-sell any part of the Site; (b) reverse engineer or reverse compile any of the technology used to provide you with the Site, including but not limited to, any applications or computer programs associated with the Site; (c) use the Site or the Site in such a way so as to remove the copyright or trade mark notice(s) from any copies of any Content made in accordance with this Agreement;(d) send, knowingly receive, upload, download, use or re-use any material which infringes any Intellectual Property Rights;(e) create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site except where expressly permitted under Clause 8.2 of this Agreement);(f) use automated scripts to collect Content from or otherwise interact with the Site or the Site;(g) transmit, re-circulate, extract, use, reutilise, exploit, distribute, redistribute, disseminate, re-disseminate, copy or store any Content except where expressly permitted by us on the Site or otherwise in writing);(h) promote or attempt to promote or market any goods or services for your own financial benefit.(i) in any way commercially exploit any of the Content without our prior written consent (which may be withheld for any reason): (j) make any of the Content accessible (including the provision of access through a database or other application populated with the Content for re-selling, sub-licensing, transferring or disclosing the Content) by any means, including any electronic means; or(k) combine any Content with other information or adapt the Content wholly or in part.
1.6 We may rely on certain service providers to help us to deliver the Site to you, for example any third party technology companies who may provide elements of the Site’s functionality, (“Third Party Service Providers”). You grant Third Party Service Providers, a non-exclusive, royalty free and worldwide licence to use, modify, display, distribute and create derivative materials using Your Content for the purpose of us providing the Site to you.
2.1 You may link to the home page of the Site (and not to any page of the Site that is not the home page), provided you do so in a way that is fair and lawful and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site from which you are linking must comply in all respects with any content standards set out in this Agreement. The Site must not be framed on any other site and you must not display the Contents or allow any Content to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our prior written consent.
2.2 If you wish to make any use of material on the Site other than that set out above, please address your request to support@quickball.co.uk.
2.3 Where the Site contains links to other sites and resources provided by anyone other than Quickball, these links are provided for your information only. We do not recommend and have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Our Privacy Policy (which is incorporated by reference into this Agreement under Clause 1.1) provides you with the information required by the Data Protection Act 2018 and related acts and regulations governing the use and processing of personal data by persons established in the UK (“Data Protection Laws”), including details of the personal data that we collect, as well as the purposes and legal bases for processing such personal data.
7.4 We try hard to ensure that the Site and other services are available continuously, but reserve the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to this Agreement.
7.5 We may change the format and Content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site, including the latest version of this Agreement.
7.6 We may vary the terms of this Agreement from time to time as result of:(a) users’ feedback;(b) changes imposed on us by third parties; (c) improvements in the Site;(d) changes in applicable law, rules, regulations, market conventions;(e) decisions or orders of any court, ombudsman, arbitrator, regulator or any undertakings given in one of these contexts; or (f) where we consider that a change will make these this Agreement clearer and no less favourable to you; (g) to reflect new, or changes to existing, systems, technology, products, services or business processes; (h) to help meet the cost of changes in our funding or working capital requirements; or (i) to implement changes required by applicable law, industry codes of practice or decisions of any court, arbitrator or ombudsman.
7.7 We will always try to give at least 30 days’ notice by email before making any change that might be materially adverse to you. If you continue to use the Site after we have given you such notice you will have accepted this Agreement, as amended.
8.1 In addition to clause 2.1, 7.2 and 9.3, this clause 12 sets out both parties’ entire liability arising under or in connection with this Agreement (including any liability for the acts or omissions of our employees, agents and subcontractors; any use made by you of the Site or any part of it; and any representation, statement or tortious act or omission, including negligence).
8.2 Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or any other liability that either party cannot legally limit.
8.3 Each party shall only be liable for foreseeable loss or damage arising from its own breach of contract, negligence or willful misconduct.
8.4 We will operate the Site and provide our services with reasonable care and skill and:(a) act fairly, reasonably and responsibly in our dealings with you; and(b) not discriminate against you because of your race, sex, disability, ethnic background or sexuality.
8.5 We shall not be liable for any loss or damage arising out of or in connection with:(a) any error or inaccuracy in the Content entered by you or any other user of the Site; (b) any negligence, breach of contract, misrepresentation or wilful misconduct in relation to the use of the Site (other than our own).
8.6 We do not guarantee, warrant or represent that: (a) the Content is complete, accurate, up-to-date or error-free;(b) the Site is virus free or that their operation will be continuous, uninterrupted, secure or error-free.
8.7 You acknowledge and agree that the Content: (a) cannot be relied upon by you or any third party as a guarantee of any particular result;(b) does not constitute any form of advice, recommendation or endorsement by us;(c) is not intended by us to be relied upon by anyone as the basis for making (or refraining from making) any specific decision; and(d) is used at your own discretion
8.8 You acknowledge and accept that:(a) the Site is subject to any constraints or limitations stipulated by any regulatory authority or Applicable Law; and(b) our ability to provide the Site depends on the continued provision of essential components provided by Third Party Service Providers including but not limited to providers of processing and other services, over which we have no control.
8.9 Notwithstanding anything else contained in this Agreement (except Clause 12.2), neither party shall be liable to the other for any loss of profits, opportunity, business, reputation, data, goodwill or contracts or for any indirect or other loss or damage that is not foreseeable, whether arising from negligence, breach of contract or any other cause of action arising out of the subject matter of this Agreement.
8.10 Neither party shall be liable for any failure or delay in performance of its obligations under this Agreement for causes beyond its reasonable control.
8.11 You are solely and exclusively responsible for any results obtained from your use of the Site, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any Content, or instructions or scripts provided to us by you or by any third party in connection with the Site.
8.12 You will be liable to compensate us against any and all claims, losses, liabilities, damages, expenses and costs (including legal fees and expenses) arising out of or in connection with your use of the Site or conduct in relation to it in breach of this Agreement, Your Content or infringement of third party Intellectual Property Rights, except to the extent that we have breached this Agreement or been negligent.
4.1 You may terminate the Agreement by notifying us not later than 1 (one) month in advance.
4.3.4.2. We may terminate the Agreement by notifying you not later than 2 (two) months in advance.
4.3.4.2. You may terminate the Agreement by notifying us not later than 1 (one) month in advance.
4.4.4.3. In addition, either party may terminate this Agreement immediately if the other party: (a) becomes unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), admits its inability to pay its debts or otherwise becomes insolvent;(b) has any distraint, execution, attachment, sequestration or similar action taken, levied or enforced against itself or any of its substantial assets, or if any garnishee order is issued or served on the party;(c) becomes the subject of any petition presented, order made or resolution passed for the liquidation, administration, bankruptcy or dissolution of all or a substantial part of the party’s business, except where solvent amalgamation or reconstruction is proposed on terms previously approved by the non-terminating party; (d) loses full and unrestricted control over all or part of its assets because of the appointment of an administrative or other receiver, manager, trustee, liquidator, administrator or similar person or officer; or(e) enters into or proposes any composition or arrangement concerning its debts with its creditors (or any class of its creditors).
4.5.4.4. We may terminate this Agreement immediately on written notice to you if:(a) we suspect you or a person related to you of money laundering or terrorist financing;(b) you have breached any of the provisions of Clause 3.9 (concerning the accuracy of data you provide to us); or(c) termination of the Agreement is demanded by a regulatory or governmental authority;
4.6.4.5. Termination of this Agreement shall not prejudice either of the parties’ rights and remedies which have accrued as at termination.
4.7.4.6. In the event of termination of the Agreement, you shall immediately pay to us all amounts owed by you under the Agreement and we shall immediately pay you all amounts owed to you under the Agreement. We shall be entitled to set-off amounts owed by us to you against amounts owed by you to us. Unless we reasonably suspect or are aware of fraud or illegality, we will process any final payment to you and then the termination and closure of your Quickball Account. If a Manager has not provided us with up to date details of the Nominated Payment Account and/or the Manager’s payment service provider does not accept payment of the Net Match Fees for any reason, we will make all commercially reasonable efforts to refund the Net Match Fees to the Players who paid the relevant Match Fees (where possible, using the payment method originally used by each Player).
4.8.4.7. Clauses [to be completed when final] shall survive termination of this Agreement.
4.9.4.8. Notices served under this Agreement shall be in writing and may be sent by email, via your Quickball Account, or by post. The preferred method of communication is email.
4.10.4.9. Notices shall be sent to: (a) In the case of Quickball, in writing to support@quickball.co.uk or our address in Clause 1.7;(b) in your case, in writing to the address or email address provided to us on registration, as updated by you from time to time.
4.11.4.10. Notices sent by post will be deemed to have been received upon the expiration of two (2) Business Days after posting. Emails will be deemed to have been received one hour after being sent or, if this falls after close of business, at 9.00 a.m. on the following working day provided that an undeliverable message has not been generated by then.
Any complaints about us or the Site must be addressed to us in the first instance by contacting support@quickball.co.uk. We will make every possible effort to reply, addressing all points raised, by email to your specified email address within an adequate timeframe.
6.1 These Terms comprise the entire agreement between you and us for the provision of the Site and supersede all prior or contemporaneous negotiations, discussions, representations or agreements, whether written or oral. No undertakings, promises, representations, or warranties shall have any legal effect unless expressly set out in this Agreement.
6.2 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the other provisions shall remain in force. The invalid or unenforceable provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
6.3 Nothing in this Agreement shall give rise to any joint venture, partnership, or employment relationship between you and us. Where we act as your agent, we shall only do so to the limited extent specified on the contractual basis of this Agreement and not as your general agent or fiduciary.
6.4 Nothing in this Agreement is intended to confer a benefit on any person who is not a party, and no such person shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement, provided that this Clause does not affect a right or remedy of a third party which exists or is available apart from that Act.
6.5 No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
6.6 If any part of this Agreement is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of this Agreement.
6.7 You agree that all documents that we are entitled to send you electronically may be delivered to you by email at the address you specify to us from time to time.
6.8 The records kept in the Site shall be conclusive of the facts and matters they purport to record, unless obviously incorrect.
7.1 This Agreement shall be governed by and construed in accordance with the law of England and Wales.
7.2 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, use of the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country, and you have the right to ask for proceeding to be heard in the courts of Northern Ireland or Scotland if you live there. Last updated: 31/08/22
Form of Match Contract. This agreement (Match Contract) is made on …………………….. [INSERT DATE WHEN AGREED] between:(1) ………………………………………. (Name)………………………………………..(Email)………………………………………..(Tel) (Player); and (2) ……………………………...................(Name) of ……………………………………….. (Email)………………………………………...(Tel) (the Manager). Capitalised terms used in this Match Contract that are not defined where they first appear shall have the meaning given in the Quickball Service Terms.
1.1 The Manager and the Player agree that the Player may participate in the following match at: • At [address] (“Venue”); • on [date](“Match Day”); (“Match”), for the amount of £0.30, inclusive of the Service Fee payable by the Manager to Quickball under the Quickball Service Terms and any applicable VAT, under the terms of this Match Contract (“Booking”).
1.2 Payment of Match Fees shall be made in accordance with the Clause 2.2 of the Quickball Service Terms. Refunds shall be the responsibility of the Manager and shall be subject to the provisions of Clauses 2, 5 and 13.6 of the Quickball Service Terms (and Clause 1.5 of this Match Contract)
1.3 This Match Contract shall commence on the date when the Booking is made and paid for and end when the Match has finished.
1.4 Subject to Clause 1.5, the Player may cancel a Booking and this Match Contract at any time after the Booking is made until the end of 14 days after the day on which the Booking is made (Cancellation Period) without giving any reason and free of charge or other liability, by email to the Manager’s email address specified above, making a clear statement that you have decided to cancel the contract.
1.5 Where the Player participates in the Match played within the Cancellation Period at the express request of the Player, then the Player must pay the amount equivalent to the Match Fee to the Manager.
2.1 The Player agrees not to engage in any wilful misconduct or any other type of misconduct, including but not limited to the following behaviour:(a) Fighting;(b) Theft;(c) Bribery;(d) Excessive drinking;(e) Committing any crime or misdemeanour;(f) Promoting, aiding or abetting any illegal activity; (g) Communicating in a way that is obscene, threatening, abusive, offensive, hateful or inflammatory, sexually explicit, promotes violence, or discriminates or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;(h) Invading another person’s privacy; (i) Causing any other person annoyance, inconvenience or needless anxiety; (j) Conduct likely to harass, upset, embarrass, alarm or annoy any other person,(“Misconduct”).
2.2 If the Manager reasonably suspects that the Player has engaged in any Misconduct, the Manager has the right to exclude the Player from the Match without responsibility to the Player. The Manager may also report to any relevant authority any illegal or suspected illegal activities of the Player. The Manager must inform Quickball immediately the Manager becomes aware of any Misconduct.
2.3 The Player agrees that the Manager shall have no liability relating to the Manager’s exclusion of the Player or report to Quickball or any relevant authority under Clause 2.2.
2.4 The Player shall comply with the security, health and safety instructions issued by the operator of the Venue. The Manager shall not be obliged to, but has the right to require the Player to follow additional reasonable security, health and safety measures in relation to each Match.
3.1 Each Manager’s liability for arranging the Match shall be limited to the value of the Match Fee.
3.2 Nothing in this Match Contract limits or excludes either party’s liability for death or personal injury caused by that party’s own negligence, or for fraud or fraudulent misrepresentation or any other liability that either party cannot legally limit.
3.3 Each Player is responsible and liable for any injury or damage caused to the Manager or another Player or the Venue or any other property or any third party arising out of or in connection with the Player’s breach of contract, negligence or Misconduct.
4.1 This Match Contract and any non-contractual obligations arising out of or in connection with them are governed by, and will be construed in accordance with, English law.
4.2 The English courts have jurisdiction to settle any disputes that arise under this Match Contract, subject to any legal right you may have to have the proceedings heard in the courts of any country in which you reside.
4.4 Neither party to this Match Contract shall be the agent of the other for any purpose (see Clause 2 of the Quickball Service Terms for the role of Quickball in relation to each Match Contract).
4.5 These Conditions constitute the entire agreement between the Manager and the Player and supersede any previous agreement between those parties with respect to all matters referred to in it.
4.6 Any failure to enforce any provision of this Match Contract at any time shall not be construed as a waiver of that provision.
4.7 Neither party shall assign or transfer any of its rights or obligations under this Match Contract without the prior written consent of the other party.
