Terms & conditions
TERMS AND CONDITIONS
1 This Agreement
1.1 This “Agreement” is a legally binding contract between you and Broadlaine Ltd, a company registered in England and Wales with the registered address of Down Laine, The Broadway, Alfriston, East Sussex, BN26 5XH and company number: 08805043. (“us”, “we”, “our”)
1.2 Under this Agreement, we have provided you with a limited right to access and use the software application known as “Slate”. If you do not agree with any of the terms of this Agreement, you must not proceed with the installation and/or use of Slate.
1.3 By accessing and using Slate you acknowledge that you have read and understood and accepted all the Terms and Conditions of this Agreement in their entirety and you agree to be bound by them. You additionally confirm that you have the legal right and ability to enter into this agreement.
1.4 The functionality of Slate is set out at www.slateapp.co.uk.
2.1 We grant to you a non-exclusive, non-transferable limited license to use Slate for personal recreational purposes only, either in your capacity as the manager/organiser of a team/group or as a player/member of the team/group subject to the following conditions:
2.1.1 You are not permitted to sublicense or distribute Slate, nor are you permitted to commercially exploit Slate, whether directly or indirectly. This Agreement expressly excludes any modification, copying, distributing, resale or making any derivative of the Slate software.
2.1.2 You will ensure that the account information that you have provided to us is accurate and you must maintain and keep that information up to date. The email address that you register must belong to you. We may contact you periodically to confirm that your registration details are up-to-date.
2.1.3 You are the only person who is permitted to use your username and password; you must keep them confidential and not disclose or share them with anyone else.
2.1.4 You must not impersonate any person or use a name you are not legally authorised to use.
2.1.5 In the event of theft or loss of any devices on which you have installed Slate or in the event that you have reason to believe that the security of account/login details may have been compromised, you must immediately notify our customer team in writing. If we believe that there is a breach of security or misuse of the service, we may require you to change your password or we may terminate your account.
2.1.6 You may not transfer or assign any rights or obligations you have under this Agreement without our written consent. You may not transfer your account to a third party.
2.1.7 You promise to not use the software in contravention of any applicable laws nor to permit others to do so.
2.2 Using Slate provides you with access to a third party payment broker, GoCardless. Should you wish to use GoCardless, you will enter into a separate agreement with GoCardless. We provide no warranties whatsoever in respect of the GoCardless service. Since we are not providing, in control of, or responsible for the GoCardless service, you agree that we shall have no liability whatsoever in respect of that service, save only that when a transaction is properly effected through GoCardless, we will record the transaction through the functionality of Slate.
3.1 The Slate desktop application is available at www.slateapp.co.uk and the App is downloadable from Apple App Store and Google Play for free. Although we do not currently charge for the use of the Slate application, we reserve the right to do so in the future.
3.2 For using the services of Slate and GoCardless a processing fee will be applied to each debit that is made to your registered merchant account. The total fees per transaction are 3.5% + 20p.
3.3 Broadlaine may change the fees in the future. Users of Slate will be given 3 months prior notice of such changes by email sent to the email address used when the club registered for Slate or the normal club method of communication. If you do not wish to accept the revised fees, you may choose to terminate use of the service as set out in Section 6.
4 Availability, Maintenance and Development
4.1 We do not offer guaranteed availability of Slate nor do we warrant that Slate will be free from defects or fit for purpose. If you believe there is a problem with access to or the functionality of Slate, please notify us.
4.2 Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable for any period.
4.3 We will take Slate out of use from time to time to carry out essential maintenance and development to the applications software. We will notify you when such maintenance and development is taking place.
5 Personal Data
5.1 We (or our subcontractors) will host personal data that you upload into Slate and we will take adequate technical and security measures to prevent its loss or damage and not provide such data to third party parties. The data that we collect may be transferred to and stored outside the European Economic Area (“EEA”). By submitting your personal data, you agree to this transfer, storing or processing.
5.2 We will only use your personal data to make available the functionality of Slate and contact you from time to time as specified in this Agreement or to inform you of information that we believe is relevant to your use of Slate.
5.3 Any personal data that you provide to GoCardless will be governed by a separate agreement between GoCardless and you.
6 Termination and Suspension
6.1 You may terminate this Agreement at any time by uninstalling Slate from all your devices.
6.2 We may terminate this Agreement immediately at any time by giving you not less than 20 days prior notice.
6.3 We may either suspend your access to Slate or terminate this Agreement immediately and without notice if : (a) we discover that your account information is materially inaccurate: or (b) there have been repeated failed log-ins to your account: or (c) you materially breach the terms of this Agreement: or (d) we receive a complaint regarding your use of Slate; (e) we have reason to believe that you have used (or attempted to use) Slate in a manner that has the object or effect of committing a criminal act or civil wrong (including without limitation any tort or breach of statutory duty); or (f) if you use Slate outside of the Acceptable Use Policy.
6.4 Upon termination of this Agreement, your license to use Slate shall terminate and you must uninstall Slate from all your devices. Upon termination of this Agreement you may continue to receive emails from us. If you do not wish to receive such emails, please notify us and we will remove your email address from our records.
7.1 We may amend the terms of this Agreement for the purposes of security, regulatory or business issues at any point without prior advance warning. We will notify you of such changes. The amended terms will form part of a modified agreement (the “Modified Agreement”) which will be displayed under such a heading at www.slateapp.co.uk
7.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.
7.3 Any changes to the Terms and Conditions to access the site will be uploaded to the site directly. By continuing to use the site, you agree to be bound by the updated terms and conditions.
7.4 The terms outlined in such a Modified Agreement will take effect seven days after the date of notification. if you do not agree with the revised terms you may terminate this Agreement prior to the date of such terms taking effect by uninstalling Slate from all your devices.
8 Limitation of Liability
8.1 Our maximum liability to you, whether in contract, tort or otherwise arising in connection with this Agreement, shall be limited to a total of £200. If you would like us to accept a high-level of liability (and/or provide a higher level of service than is set out in this Agreement), please contact us to discuss this further and entering an agreement of a paid version of Slate.
8.2 This Agreement does not exclude or limit either party for liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
9.1 Assignment. We may transfer, delegate, assign or novate, part or all of this Agreement to a third party by providing notice to you. The company to whom the Agreement is transferred will be bound by the Terms and Conditions of this Agreement and any amendments or modifications that are made thereafter.
9.2 Force Majeure. We shall not be liable for any delay or failure in performing our duties under this Agreement caused by any reason beyond the control of us resulting from an act of God, governmental regulation, fire, war, terrorist activity or civil commotion.
9.3 No Third Party Beneficiaries. This Agreement is for the benefit of you and us only. There are no third party beneficiaries of this Agreement.
9.4 Entire Agreement. This Agreement supersedes any prior contracts, arrangements and undertakings between you and us in relation to its subject matter and constitutes the entire contact between you and us relating to the subject matter. You and us each agree that we have not relied upon any representations other than those stated in the Agreement.
9.5 Notices, All notices under this Agreement shall be in writing and shall, in the case of you, be sent to your email address (and shall be deemed served upon transmission), and in the case of us shall be sent to our email address on our web-site (and shall be deemed served upon transmission).
9.6 Law. This Agreement shall be governed and construed in accordance with the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the English courts.
ACCEPTABLE USAGE POLICY
By accessing and using Slate you are agreeing to adhere to the following acceptable usage policy.
1.1 Managers/organisers must not submit requests to players that have not participated in a real game/session unless they have provided you with express permission to do so, for whatever reason.
2 Completion of Game
2.1 Requests for payment should not be sent by managers/organisers until after a game/session has been completed.
3 Fees and Rates
3.1 Managers/organisers must not increase fees and rates without providing registered players with 10 days prior notice via email to their registered accounts.
4 Fraudulent Activity
4.1 Users must register under their own names, as they appear in their passports
4.2 Any activity which could be considered or perceived to be an attempt to defraud any registered player, Slate or GoCardless will see this as a breach of policy and your access to Slate may either be suspended or terminated immediately, without notice in accordance with clause 6.3(f) of the Terms and Conditions.
5 Finance Tracking
5.1 Users should only use Slate to manage and track the payments of registered users. If it is found that users have used or attempted to use Slate for any other purposes would be seen as a breach of policy and your access to Slate may either be suspended or terminated immediately, without notice in accordance with clause 6.3(f) of the Terms and Conditions
6 Other Purposes
6.1 If you want to use Slate for any other purpose please contact us to discuss your requirements.