Terms of Use
Effective from 2 July 2024.
PLEASE READ THESE TERMS OF USE CAREFULLY.
These Terms of Use cover important information about the 247 Football Platform and any applicable fees.
Welcome to the 247 Football community!
PLEASE READ THESE TERMS OF USE CAREFULLY, AND IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THESE TERMS OF USE ON YOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THE 247 FOOTBALL PLATFORM.
1. These Terms of Use and any other terms and documents expressly incorporated herein, including the offerings and pricing, may be amended, supplemented or replaced from time to time (together, the Terms of Use). These Terms of Use apply to your use of (and subscription to) the 247 Football website, the 247 Football mobile application (the Application), training program, competition or challenge, both online and offline, online shop or one of our other products or services, all of which are part of 247 Football’s services (the Platform).
2. These Terms of Use are entered into by and between you as a user and anyone you authorise to use your account (referred to as User, you, your or yourself) and 247 Football Pty Ltd (ABN 24 664 325 893) and its affiliates (referred to as 247 Football, we, us or our), and if the User is under 18 years of age or the age of majority in your country of residence, whichever is older (the Age of Majority), it also includes such person’s parent or legal guardian.
3. These Terms of Use supersede and replace any terms and conditions of services that you may have previously entered into with 247 Football in connection with the Platform.
4. Your access to and use of the Platform constitutes your agreement to be bound by these Terms of Use. The offering of the Platform to you is conditional on your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Platform. By using the Platform you signify your agreement to these Terms of Use.
Privacy Policy
5. Your privacy is important to us. We will manage your personal information in accordance with our Privacy Policy. You can find a copy of our Privacy Policy on the Website/Application.
User
Eligibility
6. By accessing or using the Platform, you represent and warrant that you meet the age of majority in your country of residence and have full power, capacity and authority to agree to these Terms of Use and have not been previously suspended or removed from using the Platform.
7. If you are accessing and using the Platform or products on behalf of a party who does not meet the age of majority in your country of residence, then you are representing that you are that party's legal guardian, that you agree to these Terms of Use on their behalf, and you are responsible for that party's compliance with these terms and conditions. You will indemnify us for any losses or damage that we suffer as a consequence of the party who does not meet the age of majority in their country of residence failing to comply with these terms and conditions. All responsibility for determining whether the use of the Platform and/or the content on the Platform is appropriate or suitable for a minor rests with the parent and/or guardian of the minor.
8. If you are accessing and using the Platform or products and you do not meet the age of majority in your country of residence or do not have full power, capacity and authority to agree to these Terms of Use, you must obtain permission from your parent or legal guardian to do so and the parent or legal guardian must agree to these Terms of Use.
User Account
9. To use certain features of the Platform, you will need to create a User Account (User Account). You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, image or photograph. You also agree to notify us promptly at support@247footballapp.com of any unauthorised use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any of the Platform.
Security
10. By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). 247 Football is not responsible for any loss or activity that results from the unauthorised use of your User Account due to your failure to secure your access credentials.
11. You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the 247 Football team in writing at support@247footballapp.com of any unauthorised use of your User Account or any other breaches of security.
Suspension and Termination
12. 247 Football has the right to refuse to create a User Account for you, suspend access to or terminate your Subscription at any time and for any reason at its sole discretion (including where you are in breach of these Terms of Use), subject to applicable laws.
13. You acknowledge and agree that these Terms of Use continue to apply even after your Subscription expires or is terminated, or where you have stopped using the Platform.
Subscription Platform
Subscription
14. We offer subscriptions of the Platform on a monthly, quarterly and annual basis, or such other periods that 247 Football may offer from time to time which are governed by these Terms of Use. The applicable fees are provided on the 247 Football webpage (www.247footballapp.com) or on the applicable app store from which the 247 Football app can be downloaded.
15. We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms of Use.
16. 247 Football reserves the right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores where you subscribe to the Platform), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.
Free Trials
17. We may provide a free trial subscription for a fixed period of time, as determined by 247 Football in its sole discretion. Unless otherwise stated by 247 Football in respect of specific promotions, free trials are only available to new 247 Football users. 247 Football reserves the right to cancel any trial subscription immediately if we become aware that the User has already had a trial subscription on a different User Account or using a different email address. Any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees.
18. After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial. Instructions for cancelling your subscription during the trial are set out below under "Automatic renewal of subscription".
Payment Details
19. In purchasing any product or service in relation to the Platform, You agree to:
a. Pay using a valid credit card (or other form of payment as we may allow) (the Purchase);
b. Provide us with complete and accurate payment information;
c. Pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase.
20. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. 247 Football reserves the right to contact the issuing bank/payment provider and/or the relevant legal authorities or other appropriate third parties if there is suspicious activity.
21. You acknowledge and agree that prices may vary depending on the type of subscription as well as the region you are located.
Automatic Renewal of Subscription
22. Your subscription will automatically renew unless you cancel your subscription at least twenty four (24) hours before the end of the current billing period. To cancel your subscription, you must do so via Apple Subscriptions or the Google Play Store.
23. Upon cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.
Cancellation and Refund of Subscription Fees
24. Where you have subscribed for the Platform through an app store, the cancellation and refund of subscription fees will be governed by the applicable terms and conditions of that app store.
Apple App Store and Google Play
25. Subscriptions purchased through the App Store or Google Play are also subject to their terms of use. Please be sure to review your terms of use with the App Store or Google Play.
Leaderboard
26. You acknowledge, consent and agree that 247 Football may publish your screen name, general location (country listed in your profile), profile photo and training statistics on the Leaderboard on the app, which may also be accessed externally. This information will be public. You can elect to opt out of having your screen name and profile photo shown on the Leaderboards in your app settings.
Use of the Platform
27. You will not use the Platform:
a. For any unlawful, unauthorised, fraudulent, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;
b. To incite others to conduct the activities described in subparagraph 27a;
c. To interfere with the lawful and reasonable use of the Platform by others.
28. You are solely responsible for all content or materials that are submitted under your User Account or otherwise uploaded to or through the Platform or to us by any means (Contributed Content) and expressly agree not to submit or upload any Contributed Content which:
a. advertises or promotes any services or brands (with respect to you or any third party);
b. contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, threatening, harassing, violent, hateful, bigoted, inflammatory or is otherwise objectionable or illegal;
c. you know not to be true and honest, or which spreads false or misleading statements;
d. you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any party;
e. impersonates any person or entity or otherwise associates, infers or misrepresents the User’s affiliation with a person or entity;
f. contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;
g. contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files;
h. constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute "spam";
i. may expose 247 Football or other Users to any harm or liability of any kind; or
j. is contrary to any Applicable Laws.
29. 247 Football has the right, but not is not obliged, to monitor all conduct and content submitted to or through the Platform and may in its sole discretion:
a. Refuse to publish, remove or disable any content that it considers breaches these Terms of Use;
b. Suspend or discontinue your ability to submit, post or upload content to the Platform.
30. You acknowledge and agree that some of your Contributed Content might continue to be publicly available on the Platform after your User Account is closed or otherwise terminated, subject to your right to have your Contributed Content removed upon request in accordance with Applicable Laws.
31. If you believe that any Contributed Content violates these Terms of Use or any Applicable Laws, including any copyright laws, you should report it to the 247 Football team at support@247footballapp.com
Availability of Platform, Security
32. 247 Football agrees to make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of 247 Football’s control. 247 Football will use commercially reasonable efforts to avoid downtime of the Platform, but does not accept any liability if the Platform or any part thereof is unavailable at any time or for any period.
33. You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.
34. You acknowledge and agree that 247 Football shall not have any liability or be responsible in any way for: (a) Your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.
35. You must immediately notify the 247 Football team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.
36. Users may also be required to download and install updates to the app so as to maintain access to the Platform and its services. A User's failure to do so might lead to certain services offered on the Platform becoming temporarily inaccessible to the User until such update has been downloaded and installed.
Collection of Information
37. We may collect information relating to how often you use the Platform or the frequency with which certain applications and features of the Platform are used. This information would be collected anonymously, in a way that does not personally identify you. We may use this information to detect broad user trends and to otherwise enhance our products or applications. The collection and use of this information, as well as provisions applicable to information that you upload using the Platform, are described in more detail in our Privacy Statement.
Intellectual Property, Use License
Ownership of the Platform
38. All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, Intellectual Property Rights) in the Platform and the material published on and through it (except the Contributed Content) are owned by 247 Football, its licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.
License
39. You are not granted any right to use, and may not use, any of 247 Football’s Intellectual Property Rights other than as set out in these Terms of Use and subject to the following conditions:
a. You are granted a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to personally access and use the Platform (or any part of its contents). You may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public or commercial use that would otherwise infringe our intellectual property rights without prior written consent from 247 Football.
b. You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platform; and
c. You may not use any data mining, robots or similar data-gathering or extraction methods.
40. 247 Football reserves the right to monitor your use of the Platform and to alter or revoke your license or your access to the Platform at any time and for any reason. Your license shall terminate upon the expiry or termination of your subscription.
Contributed Content
41. By posting or otherwise providing Contributed Content, you grant 247 Football a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.
42. You represent and warrant that you own and control all of the rights to the Contributed Content, and have the lawful right to post or otherwise provide such Contributed Content on and through the Platform and otherwise provide 247 Football with such Contributed Content.
Third Party Platform
43. Use of the Platform may contain links to websites and services of third parties (Third Party Content) that are not controlled, endorsed or adopted by 247 Football.
44. 247 Football has no responsibility or liability for any loss or damage incurred as a result of any such dealings in connection with your use of any Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. You understand that your use of Third Party Content and your interactions with third parties is at your own risk. We strongly recommend that you read any terms and conditions and/or privacy policy of any third party site that you visit.
45. If you access the Platform through or using any services or software provided by third parties, you acknowledge and agree that 247 Football is not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services or software.
Limitations of Liability, Disclaimer, Indemnity
Limitation of Liability
46. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, and to the maximum extent permitted by Applicable Laws:
a. 247 Football, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (together, Associated Parties) shall not, in any circumstance, be liable for:
i. Death, physical or mental injury (including the aggravation, acceleration or recurrence of such an injury), or incidental, undue damages whatsoever including damages for loss of income, data or personal injury; or
ii. Indirect or consequential loss; or
iii. Loss of profit, business opportunity, anticipated savings, revenue or goodwill,
b. The total liability of 247 Football and the Associated Parties for any claim howsoever arising out of, or in connection with, the performance of its obligations under these Terms of Use in respect of any one or more incidents or occurrences shall be limited to the greater of:
i. The total amount of fees received by 247 Football or the Associated Parties from you in connection with your use of the Platform in the twelve (12) month period prior to the date of the first incident or series of connected incidents giving rise to a claim made by you under these Terms of Use; and
ii. AUD $100.00.
Disclaimers
47. To the maximum extent permitted under Applicable Laws, the Platform is provided on an "as is" and "as available" basis. 247 Football expressly disclaims, and you waive, any and all other warranties of any kind whatsoever, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. 247 Football does not represent or warrant that the Platform will be uninterrupted, is accurate, complete, timely, reliable, current or error-free, or free of viruses or other harmful components, or results to be obtained from use of the Platform.
48. The features on the Platform that promote physical activity or general wellness are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your lifestyle, we suggest seeking advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on the Platform. To the maximum extent permitted under Applicable Laws, 247 Football is not responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the Platform.
49. 247 Football makes no representation that use of the Platform, including any particular training, exercise, session or program, is suitable, safe or adequate for any particular User. Accordingly, 247 Football is not aware of and cannot determine your individual suitability for use of the Platform.
Indemnity
50. To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand 247 Football and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable legal fees, in any way arising out of, in relation to or in connection with directly or indirectly:
a. Your use of, or conduct in connection with, the Platform;
b. Your breach of these Terms of Use or any other policy;
c. The Contributed Content you provide; or
d. Your violation of any Applicable Laws or the rights of any other person or entity.
You will provide 247 Football and the Associated Parties with any assistance that 247 Football and the Associated Parties reasonably request in defending any such action or proceeding.
Governing Law
51. These Terms of Use shall be governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of New South Wales, Australia for any and all disputes, claims and actions arising from or in connection with the Platform. Any translation of these Terms of Use from English is provided as a convenience only. If these Terms of Use is translated into a language other than English and there is a conflict of terms between the English version and the other language version, the English version will control.
General
Transfers
52. 247 Football may transfer its rights and obligations under these Terms of Use to another entity, but this will not affect your rights or 247 Football’s obligations under these Terms of Use. You may not transfer your rights and obligations under these Terms of Use to another person.
Validity
53. If any provision of these Terms of Use is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
Waiver
54. No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
Third Party Rights
55. A person who is not a party to these Terms of Use has no right whether by applicable statute or otherwise to enforce any term of these Terms of Use.
Relationship of the Parties
56. Nothing in the Terms of Use: (a) is intended to, nor shall create or be deemed to create, any partnership, joint venture, agency, consultancy or trusteeship, or (b) shall give rise to any fiduciary or equitable duties owed by 247 Football to you.
Contact
57. Any questions, feedback or complaints can be emailed to the 247 Football team at support@247footballapp.com