TERMS OF SERVICE
ACCEPTANCE OF TERMS OF SERVICE
Thank you for using Leicestershire County Cricket Club Official Fan App (“LCCC Fan App”), these terms of service (“Terms”) entered into between you and Leicestershire County Cricket Club (“LCCC”) intend to capture the legal rights and obligations arising from your use of the LCCC Fan App as an independent user (“User”). Through the use of the LCCC Fan App, you shall be provided an interactive platform filled with various features, inter alia (i) access to the Shop where you can purchase the official merchandise of the Team, (ii) also be a part of the CSR activities undertaken by the LCCC Team and its players, other support staff members and other individuals associated with the LCCC Team, (iii) take part in the predictor game being hosted on the LCCC Fan App (“Predictor Game”), (iv) Access the schedule, status and results of the matches played by the Team, (v) access clips, videos, gallery of images of the Team made available on the App, (vi) Find details regarding the players of the Team as provided by LCCC, (vii) Gain access to the latest news in relation to the team, as provided by LCCC.
As a User, on creation of a User Profile (defined hereafter) and on utilization of the services, you shall agree to abide by and be subject to the terms and provisions set forth under these Terms.
Accordingly, by accessing the LCCC Fan App and clicking “Accept”, you have agreed to utilize the LCCC Fan App at your own risk and agree that you have carefully read and accepted the terms and conditions set out hereunder and further acknowledge that your use of and association with the LCCC Fan App shall be subject to the provisions of these Terms. By agreeing to utilize the LCCC Fan App and accepting the terms and conditions set out hereunder, you hereby agree that you have permitted LCCC to use the personal data and information provided by you in connection with the creation of the User Profile, and such other information, data and materials (whether audio-visual or otherwise) in connection with the utilization of the Fandom App.
THE LCCC Fan APP
The LCCC Fan App invites Users to register and apply for availing the services offered by it. The LCCC Fan App is the exclusive property of LCCC. By using the LCCC Fan App, the User agrees and acknowledges to have read, understood and agreed to be bound by these Terms.
LCCC reserves the right to modify these Terms in any manner and at any point in time, effective immediately on such revised terms being posted on the LCCC Fan App. The User’s continue usage of the LCCC Fan App will be deemed to be an acceptance of any such modification.
1. Access to the LCCC Fan App
a. Upon download of and installation of the LCCC Fan App, the User would be permitted to access the LCCC Fan App, and would be permitted to avail the services offered on the LCCC Fan App.
b. The User in order to avail the services offered on the LCCC Fan App, would require to register their details with the LCCC Fan App.
c. The LCCC Fan App may be downloaded on any Apple iOS, Android device.
d. On successful installation of the LCCC Fan App, the User would be required to create a User Profile (defined hereafter). The User will be required to provide their personal information including but not limited to their name and email-address or any other form of personal identification as accepted under Applicable Law from time to time and further the User would require to accede to the terms and conditions as provided under these Terms (“User Profile”). The User may, from time to time, be asked to verify and update the details of the User Profile on the LCCC Fan App.
e. On creation of the User Profile, the User would be require to provide further information (which may include personal information) as may be required by LCCC to enable the LCCC Fan App to provide it with appropriate services.
f. On completion of the User Profile and provision of any additional information as required by the LCCC Fan App, the User may proceed to avail the services offered by the LCCC Fan App, including but not limited to the Shop available on the LCCC Fan App for the sale of official LCCC products and merchandise.
g. The User Profile will serve as the single source of information recording all data and activity of the User on the LCCC Fan App.
h. The User represents and warrants that all information furnished by the User on the LCCC Fan App is true and correct, and undertakes to ensure that the information continues to remain true and correct as long as the User is in use of the LCCC Fan App.
2. Continued Use of the LCCC Fan App
a. The User shall be permitted to have continued access to the LCCC Fan App for such period as the User shall continue to maintain a valid and duly updated User Profile on the LCCC Fan App.
b. Such access shall continue even during the period that the User has ‘signed out’ of the LCCC Fan App, however in order to use the LCCC Fan App the User would require to ‘log -in’ again to access the LCCC Fan App and services provided thereunder.
c. In the event that the User wishes to discontinue such use of the LCCC Fan App, the User would be required to delete the User Profile on the LCCC Fan App. The User would be able delete the User Profile on accessing the following path: Settings >> Contact Us, followed by sending a deletion request by the message form made available.
d. The User hereby agrees that the User shall continue to be bound by the confidentiality obligations of the LCCC Fan App even after the deletion of the User Profile and further on deletion of their User Profile the User shall undertake to delete all such data, information and such other Confidential Information provided by LCCC to the User in connection with their association with the LCCC Fan App.
e. The User hereby further agrees that any information provided by the User (including in the form of photographs and personal information submitted in connection with the User Profile) shall be provided at the User’s sole discretion and risk. The User understands that LCCC does not guarantee any confidentiality with respect to any user content, information or personal data submitted by the User during the use of the LCCC Fan App.
THE PREDICTOR GAME
1. Though the access to the LCCC Fan App, the User shall have the right to participate in the LCCC predictor game (“Predictor Game”), subject to the fulfilment of the following conditions:
a. The User is 18 (eighteen) years of age and is of sound mind.
2. As a participant in the Predictor Game, the User shall have the ability to answer a set of specific questions in relation to each match. Correct answers provided shall acquire points in favour of the relevant User. The correctness of any answer provided in the Predictor Game shall be at the sole and exclusive discretion of LCCC. LCCC shall not be liable to any User under any circumstances for any matter related to the Predictor Game, including but not limited to the manner of conduct, the results, the answers, questions, etc.
3. At the end of the relevant LCCC Season, the top 10 Users with the highest number of points garnered in the Predictor Game for that relevant LCCC season, shall earn rewards provided at the exclusive discretion of LCCC.
4. LCCC reserves the right to cancel, modify, alter, rescind, expand or change in the rules and regulations applicable to the Predictor Game and any and all aspects of the same, including but not limited to the rewards provided.
THE FOXES QUIZ
1. Though the access to the LCCC Fan App, the User shall have the right to participate in the LCCC quiz game (“Foxes Quiz”), subject to the fulfilment of the following conditions:
a. The User is of sound mind.
2. As a participant, by accessing the Foxes Quiz on the LCCC Fan App (“Participant”), the User shall, in addition to the Terms, be bound by the specific terms and conditions applicable to the Foxes Quiz (“Quizzerr Terms”).
3. The Participant shall have the option to choose from different categories of quizzes, as may be available on the Foxes Quiz. However, the participant shall not be permitted to participate in the same category more than once.
4. Each category shall contain a specific set of such number of questions, as may be decided by LCCC. The Participant shall be required to choose the correct answer from the options provided for each question within the stipulated time. In the event the Participant is unable to answer the question within the stipulated time, the question shall automatically be forfeited.
5. After completion of the entire quiz for the respective category, the score of the Participant shall be displayed. The Participant may participate in multiple categories of quizzes and accumulate points.
6. LCCC shall display a monthly leaderboard of all Participants along with the points earned by each Participant.
7. At the end of the month, the top 3 Participants on the leaderboard with the highest number of points garnered in the Foxes Quiz for that relevant month, shall earn rewards provided at the exclusive discretion of LCCC. In the event of a tie in the scores of two or more Participants, the time taken by the Participants to complete the quizzes or any other criteria, as may be deemed fit in the sole discretion of LCCC, may be taken into consideration to decide the winner.
8. Notwithstanding anything to the contrary contained herein, LCCC shall, at any point in time, have the right to add, alter or modify the questions in any of the categories. In the event of such alteration, the Participant may be permitted to participate in such altered category again.
9. LCCC reserves the right to cancel, modify, alter, rescind, expand or change in the Foxes Quiz Terms or any rules and regulations applicable to the Foxes Quiz and any and all aspects of the same, including but not limited to the rewards provided.
OTHER FEATURES
In addition to the features listed above, the LCCC Fan App shall include –
1. Access the schedule, status and results of the matches played by the Team and does not take any responsibility for any such change in schedule.
2. Access to clips, videos, gallery of images of the Team made available on the App, it is clarified that all such clips, videos and images made available are the sole and exclusive property of LCCC or licensed to LCCC under a licensing arrangement. The User shall not in any manner carry out any usage of such intellectual property rights outside the right of access on the LCCC Fan App.
3. Access to details regarding the players of the Team as provided by LCCC,
4. Access to the latest news in relation to the team, as provided by LCCC.
USER QUERIES AND USER COMPLAINT
1. The User may raise any complaints, queries and concerns (“LCCC User Complaint”) regarding the provision of services, quality of the products received, payment details and such other compliant or grievance arising in connection with the User’s utilization of or experience on the LCCC Fan App.
2. Such User Compliant may be raised by way of raising a complaint with the customer care executives of the LCCC Fan App (“LCCC Customer Care Executive”) and record a grievance through writing at the link available on the App by following Settings >> Contact Us, and then providing the details requested therein. The User hereby agrees that any toll, data charges or additional call charges arising from raising a telephonic/email grievance will be borne by the User.
3. LCCC undertakes that all LCCC User Complaints’ raised by the User(s) shall be appropriately resolved (including the resolution of any follow up queries to the LCCC User Complaint raised by any User) within a period not exceeding 5 (five) Business Days.
4. In the event the User is dissatisfied with the response provided by the relevant LCCC Customer Care Executive (including but not limited to any delay in the resolution of the User Complaint, provision of inadequate response) or any additional issues faced by the User regarding the conduct of the relevant LCCC Customer Care Executive and issues regarding the nature of response provided to the LCCC User Complaint, the User may contact the following grievance redressal representative (“LCCC Grievance Redressal Representative”):
Name:
Designation:
Email Address:
Contact No.:
5. The LCCC Grievance Redressal Representative hereby agrees that the grievances raised by the User(s) shall be duly acknowledged within 3 (three) Business Days of the receipt of such User grievance and the LCCC Grievance Redressal Representative shall undertake to redress all grievances raised by the User(s) within a period of 30 (thirty) days from the receipt of User grievance.
USER REQUIREMENTS AND CONDUCT
1. The User hereby undertakes that the User is of 18 (eighteen) years of age and the User is of sound mind and by virtue of downloading and using the LCCC Fan App the User has hereby accorded their unencumbered consent to these Terms and hereby undertakes to abide by the Terms at all times.
2. The User further undertakes that the User shall not be permitted to assign or allocate the right to use and receive the benefits of the LCCC Fan App to any third party or any other Person.
3. The User hereby undertakes that the User shall be the sole identified user of the LCCC Fan App and the User Profile created by the User shall not be used, operated or assigned to any such third party not identified as a User for the purpose of the User Profile.
4. During the term of use of the LCCC Fan App the User hereby undertake that you shall ensure compliance with all Applicable Law(s) at all times and you shall ensure that the actions undertaken by the User shall not be prejudicial to LCCC and shall not result in any disrepute to LCCC, the LCCC Team, its players, support staff members and their associates and affiliates.
5. The User hereby undertakes to ensure compliance with the extant regulatory framework regulating anti-corruption anti – money laundering activities, including the provisions of the Prevention of Money Laundering Act, 2002
6. The User further undertakes and acknowledges that LCCC shall be the owner of and shall retain all Intellectual Property Rights over any content, information and documentation disclosed in connection with the User’s association and use of the LCCC Fan App.
7. The User hereby acknowledges that LCCC would be permitted to utilize the personal data and information provided by the User in connection with the creation of the User Profile, any image, audio-visual content and such other information, data and materials (whether audio - visual or otherwise) in connection with the utilization of the LCCC Fan App.
8. The User hereby unequivocally undertakes to ensure that the User will not perform any action (and shall not assist or support any third party to) modify, reproduce or infringe in any manner on the Intellectual Property Rights of LCCC. The User further acknowledges that such infringement shall be regarded as a breach of the User’s contractual obligations under these Terms and RMPL shall be entitled to undertake all such actions as deemed appropriate in accordance with the provisions of these Terms and shall be entitled to all such remedies as available under Applicable Law.
9. The User hereby agrees and acknowledges that the User shall at all times and under all circumstances shall refrain from the usage of any language, terms, graphical, audio-visual or other representations (including speeches, defamatory reviews and defamatory and offensive emails, messages and public statements) which would result in any loss, harm, damage or disrepute to the reputation and the brand name carried by LCCC (including its affiliates, associated entities, shareholders, directors, staff and employees). The User further agrees that in the event that the User undertakes the usage of any language or representations which result in loss or disrepute to the reputation of LCCC (including its affiliates, associated entities, shareholders, directors, staff and employees), LCCC would be entitled to take such actions as would be considered appropriate including a breach of the terms of these Terms.
10. Through the use of the LCCC Fan App the User hereby agrees that the Fandom App may automatically download and install updates from time to time as provided by and deemed necessary by LCCC. These updates are designed to improve, enhance and further develop the services provided on the Fandom App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. The User hereby provides their consent to receive such updates (and permit LCCC to deliver these to you) as part of your use of the LCCC Fan App.
LIMITATION OF LIABILITY
1. LCCC hereby states that it shall not be responsible for any technical or software failure (including any technical failure affecting the continued use and performance of the LCCC Fan App) arising on account of factors beyond the reasonable control of LCCC where LCCC has taken all reasonable efforts to eliminate any such technical failure and difficulty faced by the User of the LCCC Fan App.
2. LCCC hereby clarifies that LCCC shall under on no account and under no circumstance be held to be liable and responsible for any technical failure, loss or damage faced by the User from the utilization of the payment gateway for the merchandise partner, while making a payment or receiving a refund from the Shop. LCCC hereby clarifies that the payment aggregator for the merchandise partner has agreed to provide the services of a payment aggregator in their independent capacity to the merchandise partner and LCCC shall not be held for any loss or damages arising from any misrepresentation, failure or fraudulent activity of the payment aggregator or the merchandise partner during their association with LCCC and the LCCC Fan App.
3. LCCC hereby clarifies that LCCC shall not be liable for any loss, damage or destruction suffered on account of any delay or disruption in the services provided under the LCCC Fan App on account of the occurrence of any Force Majeure Event.
INDEMNITY
1. The User hereby agrees to, at all times, indemnify and hold harmless LCCC and all its officers, directors, employees, agents, and any authorised affiliates and permitted assigns, from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) The User’s use of the LCCC Fan App and the services availed thereof; (ii) A breach or violation by the User of these Terms; (iii) LCCC’s use of any User generated or User provided content; or (iv) any violation of the rights of any third party due to the actions of the User.
2. The User hereby further undertakes to ensure that the User shall undertake all efforts to prevent the inclusion/ impleading of LCCC in any legal actions, suits and legal proceedings instituted before any court of law by the User or any third party in connection with the purchase of any item from the Shop on the LCCC Fan App and the User’s use of the LCCC Fan App.
CONFIDENTIALITY
1. LCCC retains all ownership and any rights thereto over any information (including any Confidential Information) provided by LCCC in connection with the Terms of the LCCC Fan App. The Users hereby agree that they shall not (and shall not assist or support any third party to) modify, disassemble, decompile, reverse engineer, make derivative works of, reproduce, republish or copy any part of the proprietary information (including but not limited to data, figures, proprietary information, logos and graphical and audio - visual representations) provided by LCCC in connection with these Terms of the LCCC Fan App.
2. The Users shall not, without the prior written consent of LCCC, disclose, restyle or publish any of the proprietary information provided LCCC in connection with these Terms of the LCCC Fan App.
USER PROVIDED INFORMATION
1. The User hereby acknowledges that the User shall share such relevant information (including but not limited to personal information of the User submitted in connection with the creation of the User Profile and information submitted to LCCC in connection with any survey, feedback or service questionnaire provided on the LCCC Fan App) as required by LCCC, in connection with the User’s utilization of the services on the LCCC Fan App, from time to time.
2. Further the User permits LCCC to collect and retain all such relevant User data (including but not limited to data collected in connection with usage statistics of every User of the LCCC Fan App, location images and data and any such other data as collected in connection with the User’s utilization of the LCCC Fan App) as required in connection with the User’s continued utilization of the LCCC Fan App.
3. The User hereby acknowledges that LCCC shall have the right to use such User data and User information which shall include (but not be limited to) a right to use, copy, display, distribute, modify, translate, incorporate into advertisements and other promotional and marketing activities of LCCC, analyse, promote, transfer to any sub-contractor or agent of LCCC for any such purpose as required by LCCC, transfer to any third party for commercial purposes as deemed necessary by LCCC in their sole discretion.
4. The User acknowledges LCCC’s right to use (in the manner as described hereinabove) the User data and User information shall subsist even after the User has deleted their User Profile from the LCCC Fan App.
5. Notwithstanding the foregoing section, LCCC may disclose any User provided information or without the prior written consent of the User, to the extent such information is required to be disclosed by LCCC by order or direction of a court or tribunal of competent authority under Applicable Law or by a governmental statute, order, decree, regulation, rule or law or is required to be disclosed to any governmental authority, regulatory authority, stock exchange or auditor.
ACTIONS IN THE EVENT OF BREACH BY THE USER OF THESE TERMS
In the event of a breach of the terms and conditions set out under these Terms by any such User, LCCC may take any such action, as deemed appropriate, including (without limitation to) taking all or any of the following actions:
1. Immediate, temporary or permanent suspension of the User’s profile and the User’s access to the LCCC Fan App;
2. Filing of any suit, claim for damages or take any legal action available against the User for breach of the terms of these Terms; and
3. To undertake any and all such actions and remedies as may be available to LCCC under Applicable Law including filing a suit for claim for damages resulting from any losses suffered from the actions of the User in derogation of the terms and conditions of these Terms.
TERM AND TERMINATION
1. These Terms (including any modifications and revisions thereof) shall continue to be binding and applicable upon the User for such period as the User continues to maintain a User Profile on the LCCC Fan App.
2. The User, on deletion of the User Profile, would not be subject to these Terms (save and except such obligations that shall survive termination as provided under clause XXII (Survival) of these Terms).
3. The User may on objection of the Terms of User or dissatisfaction with the services provided proceed to delete the User Profile and to discontinue the use and access of the LCCC Fan App
4. In the event any User is involved in any illegal or prohibited activity including any activity regarded as betting, gambling, wagering under applicable laws of UK, such activities shall be regarded as a breach of these Terms and LCCC shall retain the right to terminate the User’s access to the LCCC Fan App with immediate effect.
5. Further a breach (or potential breach) of these Terms, shall entitle LCCC to call for an immediate termination of the User’s access to the LCCC Fan App and the User Profile, as provided for under these Terms which shall be in effect from the date of service of notice of termination by LCCC. LCCC hereby retains the right to terminate these Terms in the event LCCC, in its sole and absolute discretion, believes that the User has violated, abused, or unethically manipulated or exploited any term of these Terms or has in any such manner otherwise acted unethically.
6. Upon termination of the User’s access to the LCCC Fan App and the User Profile, the User would be required to return (where applicable) and delete any information acquired from LCCC in connection with these Terms within 2 (two) days. However, LCCC shall retain the right to preserve the information provided by the User through the use of the LCCC Fan App and the transaction details of the User for any regulatory purposes duly prescribed under Applicable Law(s).
INTELLECTUAL PROPERTY RIGHTS
1. All Intellectual Property Rights associated with the LCCC Fan App (including any software updates, additions, modifications and revisions thereto), LCCC shall remain the sole and exclusive property of LCCC, and the User shall not have any claim or title in relation thereto. Any right of the User to access the LCCC Fan App under these Terms, is limited to the term prescribed under clause XVII (Term and Termination), and is for the sole and exclusive purpose of enabling the User utilise the LCCC Fan App and the services provided thereunder. The User shall not in any way claim any right, title or interest on the LCCC Fan App pursuant to the provisions of these Terms. LCCC shall be the first and exclusive owner of all rights including but not limited to Intellectual Property Rights and copyright in all which is the resultant of obligations of the User under these Terms, in all languages and in perpetuity.
2. The User shall be granted a personal non - commercial, nonexclusive, non - transferable, revocable license to download, view, display, and use the any content developed and marketed by way of the LCCC Fan App solely in connection with your permitted use of the services LCCC Fan App. The User shall not be permitted to sub-license, sell, assign, transfer or in any manner facilitate or support any third party to acquire any Intellectual Property Rights in relation to the LCCC Fan App.
3. The User shall not undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the LCCC Fan App or any part or features thereof (except to the extent permitted by applicable law).
4. The User disclaims any copyright, patent or other Intellectual Property Rights in the LCCC Fan App and its other deliverables, and agrees to make no claims against LCCC respect of such rights and to undertake any reasonably necessary act to assign or otherwise transfer Intellectual Property Rights and other rights, including rights relating to copyright and trade mark, in the all works including the other deliverables rendered during the course of these Terms to LCCC such that all such rights in the works shall vest in LCCC.
5. The User hereby submits that the User shall be solely responsible for your any user content (including personal information provided in connection with the services availed by way of the LCCC Fan App) and the consequences of submitting and publishing any user owned and user developed content on the LCCC Fan App. The User hereby affirms, represents, and warrants that the User owns or has the necessary licenses, rights, consents, and permissions to publish, share and transfer any user owned and user developed content submitted on the LCCC Fan App. By making any user owned and user developed content available on the LCCC Fan App the User hereby grants LCCC a nonexclusive, perpetual, irrevocable, transferable, fully sublicensable through multiple tiers (including to other users of the LCCC Fan App), worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute any user owned and user developed content and information, in connection with operating and providing the services on the LCCC Fan App.
6. The User hereby agrees and undertakes that the user content and user information (including personal information provided in connection with the services availed by way of the LCCC Fan App) shall not violate or infringe upon any third party copyrighted material, or material that is subject to other third party proprietary rights, unless the User has obtained specific written permission from the rightful owner of the material or the User is otherwise legally entitled to post the material and to grant LCCC all of the license rights granted herein.
7. Without prejudice to the foregoing, LCCC may, at its sole and exclusive discretion, grant to the User the right to use content and materials, which are the Intellectual Property Rights of LCCC, for the sole purpose of enabling the User to avail of the services under the LCCC Fan App, during the extent of the term prescribed under clause XVII (Term and Termination).
SURVIVAL
All such provisions of these Terms that by their nature are required to survive the term and termination of these Terms shall survive. Further the obligations of the User to refrain from all such actions and activities which may be deemed as detrimental to the reputation and the brand name of the Leicestershire County Cricket Club, shall operate in perpetuity and survive the termination of these Terms.