Terms and Conditions

PLEASE READ THESE T&CS CAREFULLY BEFORE YOU USE OUR WEBSITE AND APP AS THEY WILL APPLY TO YOUR ACCESS AND USE OF OUR WEBSITE AND MOBILE APPLICATION (THE “PLATFORM”), AS WELL AS USE OF OUR SERVICES (AS DEFINED BELOW). BY ACCDESSING OUR PLATFORM AND/OR USING OUR SERVICES YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO COMPLY WITH THESE TERMS AND CONDITIONS.

PLEASE NOTE THAT IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST STOP USING OUR PLATFORM AND SERVICES IMMEDIATELY.

Who we are and how to contact us

We are PlayUp Ltd (“we”, “us” or “our” as the context requires). Our Services (as defined below) and Platform are provided by us.

We are registered in England and Wales under company number 12082280 and having our registered office at 54a Someries Road, Hemel Hempstead, Hertfordshire, HP1 3PJ.

We provide online sports search services (including finding locally qualified coaches and clubs operating in your chosen sport and facilitating the provision of coaching services) (“Services”).

We do not employ any of the PlayUp coaches nor are we an agent of the coaches or clubs. For further information see Platform Content below.

If you have any questions or comments about our Platform, T&Cs, the Services we offer or have some other reason for wanting to get in touch with us, you can contact us by clicking here.

By using our Platform you accept these terms

These terms and conditions (“T&Cs”) govern your access and use of our Platform and Services, together with the other applicable terms set out below. By accessing or using our Platform and/or Services, you confirm that you have read, understood and accept and agree to comply with these T&Cs, as well as those set out in the other applicable terms section below.

Some of our Services (for example our ‘services for coaches’ or ‘services for clubs’) impose different terms and conditions on your use of those services. Where these are applicable, you will be clearly notified, and those terms will operate in place of or together with these T&Cs as appropriate.

We recommend that you print a copy of these T&Cs for future reference.

If you do not agree to these T&Cs, you must stop using our Platform and Services immediately.

Other applicable terms

These T&Cs refer to the following additional terms, which also apply to your use of our Service:

  • Our Privacy Policy. This sets out the terms on which we use your personal data.
  • Our Cookie Policy. This sets out information about the cookies we use on our site.

Specific Services that we offer, or make available to you, may also be governed by additional or alternative terms and conditions with other third parties. Please see Third Party Content for further details.

We may make changes to these terms

We reserve the right to amend these T&Cs from time to time without notice.

Please check this page from time to time to take notice of any changes we made to ensure you understand the terms that apply at that time.

Your continued use of our Service following any update or amendment to these T&Cs will constitute your acceptance of, and agreement to, any such changes to these T&Cs.

These T&Cs were last updated on 12 March 2021.

Our Platform is and Services are only for users in the UK

Currently our Platform is (and as such our Services are) directed at persons residing/operating within United Kingdom. We do not represent that content available on or through our Platform is appropriate for use or available in other geographical locations.

Registering an account with us

In order to access or use certain areas and features of our Platform and Services, you may need to register for an account. You must be 16 years old or over to register an account on our Platform.

By registering for an account, you agree to (i) provide accurate, truthful, current and complete account information; and (ii) maintain and promptly update your account information to maintain its accuracy and completeness.

Where you have registered on our Platform and have been provided with a username and password, you agree to keep confidential your logins, username and/or password, not to disclose it to any third party.

If there has been a disclosure of your username and/or password, you agree to notify us promptly of such disclosure, so that we can take appropriate security measures and provide you with a new username and password.

We have the right to suspend or terminate access to our Platform and/or Services at any time, if in our reasonable opinion you have failed to comply with, or are in breach of, any of the provisions of these T&Cs.

Availability of our Platform and Services

Our Platform is made available free of charge.

We do not guarantee that our Platform or Services will always be available or be uninterrupted. Access to our Platform Service is permitted on a temporary and as is basis. We may suspend, withdraw, discontinue or change all or any part of our Platform and/or Services without notice. We accept no liability for any interruption or loss of service and we will not be liable to you if for any reason our Platform and/or Service is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Platform and Services. You are also responsible for ensuring that all persons who access our Platform and/or Service through your internet connection or device are aware of these T&Cs and other applicable terms and conditions, and that they comply with them.

We are not responsible for viruses and you must not introduce them

Although we make reasonable efforts to update the information and content on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete, up-to-date or free from errors or omissions. We do not guarantee that our Platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or on any third party service linked to it.

Acceptable use of our Platform and Services

You may only use our Platform and Services in compliance with applicable laws and subject to the restrictions set out below. You agree that your use of our Platform and/or Service will not violate any law, contract, intellectual property or other third-party right or constitute a tort.

You are solely responsible for your conduct while on our Platform.

Restrictions

You will not use our Platform or Services:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

  • Not to reproduce, duplicate, copy or re-sell any part of our Platform or Service in contravention of these T&Cs.

  • Not to develop any third party application that interacts with our Platform, its content or our Services without our prior written consent.

  • Attempt to reverse engineer any aspect of our Platform or Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of our Platform or Services (except as otherwise expressly permitted by law).

  • Not to access without authority, interfere with, damage or disrupt:

    • any part of our Platform or Service;
    • any equipment or network on which our Platform or Service is stored;
    • any software used in the provision of our Platform or Service; or
    • any equipment or network or software owned or used by any third party.

How you may use material on our site

Except as set out elsewhere in these T&Cs, all intellectual property rights including copyright (including copyright in computer software), patents, trade marks or business names, design rights, database rights, know-how, logos and trade secrets in our Services (together “Intellectual Property Rights”) are owned by or licensed to us.

You acknowledge that by using the Platform or Services, you will not acquire any right, title or interest in or to them except for the limited licence to use them granted to you by these T&Cs. You also acknowledge that you have no right to have access to any of the Platform in source-code form unless it is released under a license specifically permitting such access.

Your right to use our Platform or Services is conditioned upon your use of our Platform and Service in accordance with these T&Cs. Accordingly, any use of the other than as specifically authorised in these T&Cs, without the prior written permission of us, will automatically terminate the limited license granted above.

We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on our Services or Platform, please contact us.

Our trade marks are registered

“PlayUP” and the related logo are UK registered trade marks of PlayUp Ltd. You are not permitted to use them without our approval, unless they are part of material you are using as permitted by us in writing.

Platform content and Services

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.

Our Services are to facilitate and connect athletes with coaches and/or clubs. Whilst we screen coaches before they can register an account on our Platform, we do not employ any of the coaches, nor are we an agent of any coach. Similarly, we are not an agent of any club.

The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. This means that we are not responsible for providing, setting or controlling the prices applicable to any of the third party services which you find and book via our Platform. Therefore, you should exercise caution and perform your own checks to ensure you are comfortable before meeting with any coach through our Services, or entering into a contract or agreement with any coach or club to obtaining any of their services as these are not provided by us, they are provided by the coach or club as independent third parties and are subject to the terms and conditions of those third parties. For more information, see Third Party Content below.

Third Party Content

Our Platform may contain links to third party websites that are not affiliated with us and/or content owned or operated by third parties, including advertisement, promotional offers and social media widgets. Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and we do not guarantee or take responsibility for them. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

Our Platform may also contain advertising from third parties, and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on this Service should not be taken as an endorsement by us of any kind.

When you navigate away from or otherwise leave our Platform to engage in services provided by an independent third party, you should understand that our T&Cs will no longer apply and that the terms of the relevant third party’s website and/or content will apply.

This means your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for such third party content, together with any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. We are not responsible or liable for any loss or damage arising or incurred as a result of any such dealings or promotions or as the result of the presence of such third party content on our Platform or Services.

We would advise you to review any applicable terms, including any applicable privacy notice setting out such party’s data processing practices, of any of any site or services to which you navigate to from our Platform.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user

Nothing in these T&Cs excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Platform any content on it, including our Services, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Platform and/or Service; or
  • use of or reliance on any content displayed on our Platform (including as part of any Service offered or made available).

We assume no responsibility for the content of websites linked to on our Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

If you are a business user

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user

If you are a consumer user, please note that we only provide our Platform and Service for domestic and private use. You agree not to use our Platform and/or Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Your responsibility for loss or damage suffered by us

You agree to indemnify, defend and hold us, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of our Platform and/or Service or through your password or otherwise, the violation of these T&Cs by you, or the infringement by you of any intellectual property or other right of any other person or entity.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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.

You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out below.

If you wish to link to or make any use of content on our site other than that set out above, please contact us.

Content standards

These content standards apply to any and all material which you contribute to our Platform (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, at our discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Bully, insult, intimidate or humiliate.
  • Promote sexually explicit material.
  • Include child sexual abuse material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • 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.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from us, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of these T&Cs upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country's laws apply to any disputes?

These T&Cs, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction, except that:

  • we may take action to enforce our intellectual property rights in any relevant jurisdiction; and
  • if you are a consumer that is (i) a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, or (ii) if you are resident of Scotland, you may also bring proceedings in Scotland.

General

The headings in these T&Cs are solely used for convenience only. Use of the word ‘including’ shall be interpreted as meaning ‘including but not limited to’.

If any provision of these T&Cs is found to be unenforceable, it will be replaced with a provision reflecting the intent of the original provision. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these T&Cs, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Nothing in these T&Cs shall be construed to create a joint venture, partnership, or agency relationship between you and us, and neither you or we shall have the right or authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements, in the name of or on behalf of the other.

These T&Cs are personal to you. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these T&Cs. You may only transfer your rights or your obligations under these T&Cs to another person if we agree in writing.