StadiumPower Terms
1. What these Terms cover
1.1 Welcome to StadiumPower (the App). The App is operated by Premier League Stadium Fund Limited a company limited by guarantee registered with company number 04007132 whose registered office is at Wembley Stadium, Wembley Park, London, England, HA9 0WS (PLSF, we us).
The App has been developed to allow those football clubs and leagues that are part of the Stadium Accreditation Programme to accurately record and share data about their stadium, as well as keep track of progress of any works required to be carried out at football grounds including (but not limited to) works related to capacity, floodlights and safety barriers (the Purpose).
1.2 These terms and conditions (Terms) tell you the rules for using the App. By using the App, you agree to be bound by the Terms and an agreement is formed between you and us. If you are using the App on behalf of an organisation, you accept these Terms on its behalf and warrant that you are an authorised representative of the relevant organisation entitled to use the App on its behalf.
1.3 These Terms tell you who we are, how you may use the App, how you and we may change or end the agreement between us, what to do if there is a problem and other important information.
1.4 If you do not accept these Terms, do not use the App. If you use the App but do not follow these Terms (or any other terms referenced within these Terms) we may cancel your account or deny you access to the App. Any use of the App constitutes your acceptance of these Terms.
1.5 You should read these Terms alongside our Privacy Statement available on our website.
2. Who we are and how to contact us
2.1 Who we are. This App has been created by The Football Foundation, a charitable company limited by guarantee registered with company number 03876305 and charity number 1079309 whose registered office is at Wembley Stadium, Wembley Park, London, England, HA9 0WS.
The App is operated by Premier League Stadium Fund Limited a company limited by guarantee registered with company number 04007132 whose registered office is at Wembley Stadium, Wembley Park, London, England, HA9 0WS. These Terms are between you and us, Premier League Stadium Fund.
2.2 How to contact us. You can contact us by emailing: stadiumpower@stadiumpower.org.uk
2.3 How we may contact you. If we have to contact you, we will do so in English through the App (either through a message or a notification), or by telephone or email using the contact details you have provided to us when registering on the App, as applicable.
3. Creating an account on the App
3.1 In order to access many of the features in the App, you must create an account. You are eligible to create an account only if you are the representative of a club taking part in the Stadium Accreditation Programme. If you are the representative of a club taking part of the Stadium Accreditation Programme, you can submit a request to create an account to stadiumpower@stadiumpower.org.uk. By sending a request to create an account, you warrant that you are eligible to hold an account on the App.
3.2 You will receive an email confirming your successful registration on the App. Please note we reserve the right to decline any registration or creation of an account on the App for any reason.
3.3 In order to create an account on the App, you will need to provide an email address (which need not contain your name or identifying details). The App’s administrators will then create an account linked to your club on the App, and send you a link where you can sign in for the first time, and create your own password. By creating an account using an email address, you confirm that the email address used is one controlled by you, and that you will not use another person’s email address for the purposes of account creation on the App without their consent.
3.4 If we have reasonable grounds to believe that any of the information provided by you, whether during the account creation process or during the use of our App, is incorrect, we reserve the right to suspend or terminate your account with us and / or terminate our contract with you and deny your access to the App.
3.5 If you are provided with, or set up, a password or any other piece of information as part of our security procedures during your registration, you must treat such information as confidential. You should not disclose this information to any third party. If you know or suspect that anyone other than you knows such confidential identification or passwords, you must promptly notify us using the contact details in these Terms.
3.6 When signing into your account on the App for the first time, you will be prompted to read and accept a Health and Safety disclaimer before you can enter the account holder App features.
4. Inputting information into the App
4.1 If you hold an account on the App, you are able to input and monitor information related to the Stadium Accreditation Programme. If you do not hold an account on the App, some information related to the Stadium Accreditation Programme within the App will be viewable by you. By using the App and (as applicable) inputting and monitoring information, you acknowledge and agree:
4.1.1 that you are solely responsible for information you input into the App. We do not monitor this, nor do we have any responsibility for ensuring its accuracy;
4.1.2 when reviewing information inputted into the App by others, that have no liability in respect of this, and do not verify the accuracy or completeness of the information provided by third parties, including other users of the App;
4.1.3 that the App is intended only as a tool to assist The Football Association, who deliver and manage the Stadium Accreditation Programme. You acknowledge and agree that we do not carry out or have responsibility for delivery or assessment of the Stadium Accreditation Programme; and
4.1.4 that information you input may be accessible by other users of the App (for example, assessors of the Stadium Accreditation Programme) or third parties.
5. The App
5.1 We reserve the right to update these Terms for any reason by posting the updated Terms on the App. We may not notify you about these updates - however, if we make an update that affects your rights we will notify you in writing. When you access the App at any time in the future, such updated Terms then in force shall apply. You should check the Terms for updates each time you access the App. You can cancel your contract with us if you do not agree with any updates to the Terms and we will assume that your continued use of the App means that you are happy with the updated Terms.
5.2 We may need to perform scheduled and unscheduled maintenance of the App from time to time. Where the App is unavailable, we will do everything we reasonably can to ensure you can promptly resume using the App.
5.3 We do not guarantee that the App will always be available or be uninterrupted. We may suspend or restrict availability of all or any part of the App for business or operational reasons.
5.4 We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the App may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
5.5 We are not responsible for websites or other resources that we link to and we have no control over the contents of those sites or resources. Where the App contains links to other sites or resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites, resources or the information you may obtain from them, and it is your responsibility to review any terms and conditions for any linked websites.
5.6 You acknowledge that we are not responsible for the Stadium Accreditation Programme or any assessments in respect of it. This accreditation is managed by third parties, including The Football Association. We have no liability in respect of any assessments or assessment decisions under the Stadium Accreditation Programme.
6. If we need to end our contract with you
6.1 We reserve the right to end our contract with you and immediately terminate your use of the App if: (a) we reasonably believe that you have breached these Terms or any applicable law in relation to the App; or (b) your actions have placed us in a position where we may have breached any applicable law.
7. Use
7.1 Please ensure that any information provided by you in connection with the App is accurate.
7.2 You must only use the App if you are eligible to do so, as outlined in these Terms.
7.3 You must not use the App for any unlawful or improper purposes and/or any commercial purposes.
7.4 You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software. We do not guarantee that the App will be secure or free from bugs or viruses.
7.5 All material on the App is the property of PLSF and / or its licensors (including The Football Foundation) and is protected by copyright and other intellectual property rights. You are authorised to view and download these materials solely for non-commercial use only, strictly for the Purpose.
7.6 You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. 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 App will cease immediately.
7.7 You must not link to any download page for the App (or frame the App on any other site) without our prior written authorisation.
7.8 We reserve the right to at any time prevent you from using the App if we believe you are in breach of these Terms.
8. Data Protection
8.1 Your personal data will be processed in accordance with our Privacy Statement, which is available at https://footballfoundation.org.uk/privacy-statement. Please note that we may share your personal data with third parties – including from time to time, as set out in the Privacy Statement. If you have any questions, please contact us by email at: stadiumpower@stadiumpower.org.uk
8.2 To the extent that you provide any personal data of a third party as part of the App (such as a colleague’s details), please ensure that you process such personal data in accordance with all applicable data protection legislation.
9. If there is a problem with the App
9.1 We work to provide you with the best level of App provision. However, if there is something you are unhappy with, please contact us to speak about it.
9.2 How to tell us about problems. If you have any questions or complaints about the App, please contact us by email at stadiumpower@stadiumpower.org.uk.
10. Our responsibility for loss or damage suffered by you
10.1 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
10.3 We are not liable for business losses. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.4 We are not liable for any losses, or any failure or delay in the performance of any obligations under these Terms, due to any actions beyond our control including, but not limited to, epidemics, pandemics, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, loss or malfunctions or utilities, communications or computer (software and hardware) services.
11. Other important terms
11.1 We may transfer these Terms to someone else. We may transfer our respective rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
11.2 You cannot transfer your rights to someone else. Your account on the App is personal to you, you may not transfer your rights or your obligations under these Terms to another person.
11.3 Nobody else has any rights under this contract. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
11.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
11.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of these Terms and/or the App in the English courts.