TERMS AND CONDITIONS OF SUPPLY OF SPORTWORKS AND SPORTWORKS LIGHT AND OTHER
RELATED SOFTWARE
Your use of Sportworks and/or Sportworks Light is subject to the following terms of use (together with the
documents referred to in this document) ("these Terms"). These Terms set out how you may use
Sportworks and/or Sportworks Light.
By agreeing to these Terms, and continuing to use Sportworks and/or Sportworks Light, you confirm that
you accept these Terms and that you agree to comply with them. Please note that we may revise these
Terms at any time in accordance with clause 2 and the General clause below
1. In consideration of you complying with these Terms we shall provide you with access to Sportworks or
Sportworks
Light
via
our
website,
located
at
www.views.coop,
https://app.views.coop,
http://light.views.coop and http://sported.views.coop or such other applicable website(s) designated by us
("Our Websites"). The supply of Sportworks and Sportworks Light and/or of other services we agree to
supply may also involve use of software and other documents, information and property ("the Sportworks
Materials") which we shall supply or make available from time to time).
2. The software we agree to supply or make available connected to or that is required to use Sportworks
and Sportworks Light ("the Software") shall only be supplied or made available on allocation by us of user
name(s) and password(s) which can be requested via Our Websites . Subject to the foregoing we may
allocate, or you or the person nominated in writing by you as your Administrative Level User may allocate
on a permitted basis, the user name(s) and password(s) which will enable you as a registered user, or (if
different) those of your personnel, agents or contractors, or (if applicable) those of your sub-licencees or
their personnel, agents or contractors, to use Sportworks and Sportworks Light and/or such Software.
3. We agree that we will:
(a) make Sportworks or Sportworks Light and the Software available to you as soon as practicable on you
agreeing to these Terms (which such agreement shall be given by clicking the button as requested);
(b) make the Software available in the agreed manner and (subject to that) in object code form only and
not make the source code available;
(c) make available as soon as practicable thereafter all such supporting documents and information and
all such other property to enable you to make permitted use of Sportworks and Sportworks Light and/or
the Software for such purposes as agreed with us;
(d) grant, or agree to use all reasonable endeavours to procure the relevant third party provider grants, to
you a non-exclusive licence to use Our Website(s) to the extent necessary to enable the permitted use
of Sportworks and Sportworks Light and/or the Sportworks Materials. This licence shall only be granted
for the purpose of supplying or making available Sportworks and/or Sportworks Light and shall not
survive cancellation or termination or expiry of these Terms;
We may suspend the licence referred to at 3 (d) above in the event that you breach any of these Terms
and we may also suspend or terminate the licence referred to at 3 (d) above in other circumstances set out
or referred to in our standard terms and conditions of supply of services or otherwise confirmed in writing, a
copy of which can be accessed here.
4. Unless otherwise set out or referred to elsewhere in these Terms, we are under no obligation to carry out
any development, maintenance or technical support of Our Website(s) or content and/or Sportworks and
Sportworks Light and/or the Sportworks Materials (including any design and development work and
improvements and/or any supply of a new release or update of Our Website(s) or content and/or
Sportworks and Sportworks Light and/or the Sportworks Materials) and if we agree in writing to do so this is
subject to payment of additional sums for these services, which shall be confirmed in writing. Any subject
matter arising from such additional services shall (if applicable) become subject to the licence referred to in
3 (d) above and in particular reference to the Software or any document or other property includes such
new or modified Software or document or other property.
5. Subject as provided above, if Software is supplied or made available by us and the services include us
hosting data within the Sportworks or SportLight application using the Software:
(a) we shall use all reasonable endeavours to host all data inputted by you in permitted use of Sportworks
and Sportworks Light and/or the Software which we have agreed to host using the Software and
(subject to that) to store such data in a secure environment and (unless otherwise agreed in writing) in
an encrypted form and shall host that data for such period as agreed or (if earlier) to such date
(b)
(c)
(d)
(e)
(f)
prescribed by applicable law or (as the case may be) (if earlier) until termination of your licence to use
the Software but we have no obligation in respect of data hosted by you or a third party;
we shall use all reasonable endeavours to allow access for you as a registered user, or (if different)
those of your personnel, agents or contractors, or (if applicable) those of your sub-licencees or their
personnel, agents or contractors, who are registered users and/or otherwise authorised, to the data we
have agreed to host for you using the Software and such access is part of the permitted use of
Sportworks and Sportworks Light and/or the Software subject to correct use of allocated user name(s)
and password(s);
you grant or agree to use all reasonable endeavours to procure the relevant third party provider grants
to us a non-exclusive licence on the basis set out in our standard terms and conditions to use the data
referred to in 5 (a) above to perform the services under these Terms and for other reasonable
purposes, including for example in connection to our use referred to in 5 (e) and/or 5 (f) below. Such
licence shall survive cancellation or termination or expiry of these Terms for any such agreed purpose
intended to continue or capable of continuing thereafter;
(subject only to any third party’s rights) all data generated by use of Sportworks and Sportworks Light
and/or the Software and/or otherwise created, supplied or made available by us in the supply of
services by us to you or any third party (excluding from the foregoing the data referred to in 6 (a)
above) and all property and all rights and IPR in or in respect of such data shall at all times solely
belong to us or the relevant third party provider;
(subject only to any third party’s rights) we may use all data referred to in 5 (a) above and/ or all data
referred to in 5 (d) above and/or processed or enabled by use of Sportworks and Sportworks Light
and/or the Software and/or otherwise created, supplied or made available by us in the supply of
services to you or any third party (and in such use may search for, analyse and collate data, aggregate
and/or create links between data, create any document or other subject matter using any data, make
any data or document or other subject matter created using any data available to third parties and
otherwise share representations of data or documents with third parties), on such basis and for
purposes agreed in writing. You agree we may do so to further our objects as an Industrial and
Provident Society and projects in accordance with those objects and for any purpose connected with
the foregoing and any other purpose, including for reporting and other functions in use of Sportworks
and Sportworks Light and/or the Software and/or otherwise in the supply of services by us to you or
any third party. In addition to our rights in respect of data referred to in 6 (d) and our database rights,
all property and all rights and IPR in or in respect of new or derivative data (including collated and
aggregated data) or any document or other subject matter created using data and in or in respect of
data links shall at all times solely belong to us; and
(save as stated above and in other agreed circumstances confirmed in writing (including access if we
terminate your licence to use Sportworks and Sportworks Light and/or referred to in 4 (d) above or if
access is required by law)) our access to the data inputted by you and hosted and stored by us using
the Software is subject to your written consent (not to be unreasonably withheld).
6. If we believe any use of Sportworks and Sportworks Light and/or the Software or of any documents or
other information or other property whether or not supplied or made available by us is in breach of these
Terms and/or has or is likely to give rise to a third party claim then (without prejudice to our other rights and
remedies) we may require you to provide such information and assistance as we reasonably request
(including access to data, and (if applicable) to delete, vary or transfer data, stored by us) and if you fail to
do so or if having done it is established that we are correct in our belief then we may:
(a) suspend access to Sportworks or Sportworks Light in whole or part or terminate your licence; and/or
(b) delete, vary or transfer data stored by us;
in each case without liability to you or any third party.
7. Unless otherwise agreed in writing, it is your sole responsibility:
(a) to notify us of any unauthorised use of Sportworks and Sportworks Light and/or the Sportworks
Materials and do so as soon as practicable after you become aware of the same;
(b) to notify us of any unauthorised use and/or any unauthorised input and/or unauthorised alteration to
the Sportworks Materials and do so as soon as practicable after you become aware of the same;
(c) at all times to have regard to protocols and policies confirmed on Our Websites and applicable law
(and in particular on confidentiality and data protection) and to use all reasonable endeavours to
ensure that any requisite third party consent is available which will enable the parties to process or use
or disclose data as referred to above;
(d) to ensure that you have all requisite systems, software, equipment and/or other property as will enable
you to access and use Sportworks and Sportworks Light to the extent necessary for the permitted use
(e)
(f)
(g)
(h)
of Sportworks and Sportworks Light and/or the Software and also to access and use all documents or
other information and all other property supplied or made available by us to enable you to make
permitted use of Sportworks and Sportworks Light and/or the Software and for other purposes agreed
in writing;
to ensure that if we have agreed that you or your Administrative Level User may allocate any user
name(s) and password(s) that you do so or use all reasonable endeavours to ensure such
Administrative Level User only does so on the permitted basis;
to use all reasonable endeavours to ensure that each of your personnel, agents or contractors and (if
applicable) each of your sub-licencees and their personnel, agents or contractors and (if not in the
foregoing) any other third party who have been allocated user name(s) and password(s) maintain
confidentiality and do not change them or share them or allow any other person to use them and/or to
access and use Sportworks and Sportworks Light and/or the Software save on a permitted basis
agreed in writing;
to notify us if you or any of your personnel, agents or contractors or (if applicable) any of your sublicencees or their personnel, agents or contractors or (if not in the foregoing) any other third party is
unable to access and/or use Sportworks and Sportworks Light and/or the Sportworks Materials in any
circumstances which do not constitute a breach of these Terms by us;
to notify us if you or any of your personnel, agents or contractors or (if applicable) any of your sublicencees or their personnel, agents or contractors or any other third party (in particular in
circumstances when you or any of your personnel, agents or contractors or (if applicable) any of your
sub-licencees or their personnel, agents or contractors are at fault or any other third party who you
have agreed in writing to be responsible for or are otherwise responsible for in law is at fault) make
unauthorised use of, or without authorisation alter any data or content contained within, Sportworks
and Sportworks Light and/or the Sportworks Materials and do so as soon as practicable after you
become aware of the same
8. You are solely responsible for any report in any form or any other document created by you whether or
not using Sportworks and Sportworks Light and/or Software.
ANCILLARY PROVISIONS AS REGARDS USE OF SPORTWORKS AND SPORTWORKS LIGHT AND
SOFTWARE (SUBJECT AS PROVIDED ABOVE)
1. If we agree in writing to provide services which involve use of Our Website(s) and/or Sportworks and
Sportworks Light and/or Software then unless otherwise agreed in writing you acknowledge that:
(a) we have no obligation to monitor any use by you or any of your personnel, agents or contractors or (if
applicable) any of your sub-licencees or their personnel, agents or contractors or any other third party
of Our Website(s) and/or Sportworks and Sportworks Light and/or the Sportworks Materials;
(b) the Sportworks Materials are supplied or made available to enable you to make permitted use of
Sportworks and Sportworks Light and/or the Software and for such other purposes as agreed and must
not be used with any other system, software, equipment or other property (and in particular which may
prevent or restrict use of or is incompatible with use of Sportworks and Sportworks Light and/or the
Software and/or in breach of these Terms (and in particular of your permitted use);
(c) no copies of Our Website(s) or content and/or Sportworks and Sportworks Light and/or the Sportworks
Materials may be made or authorised by you or any of your personnel, agents or contractors or (if
applicable) any of your sub-licencees or their personnel, agents or contractors or any other third party
nor may you or any such persons reverse engineer or decompile the Software or (if applicable) any
document or other property for any purpose save to the extent expressly permitted by law;
(d) we may make changes to Our Website(s) or content and/or Sportworks and Sportworks Light and/or
the Sportworks Materials or to any configuration and/or functionality or to access and/or use of any of
the foregoing as we think fit (including changes from development, maintenance or technical support);
(e) use of Our Website is subject to periods of downtime (including for development, maintenance or
technical support) and other circumstances that we shall otherwise agree with you in writing when use
is prevented or restricted in addition to unforeseen circumstances including those which are Force
Majeure and have such effect;
(f) development, maintenance or technical support of Our Website(s) or content and/or Sportworks and
Sportworks Light and/or the Software or any document or other property (including any design and
development work and improvements and/or any supply of a new release or update of Our Website(s)
or content and/or Sportworks and Sportworks Light and/or the Software or any document or other
property) shall not be carried out by you or a third party engaged by you and shall be limited to
development, maintenance or technical support performed by us or our personnel, agents or
contractors at our premises and/or in such other manner agreed (including (if applicable) by provision
on Our Website(s) of online support materials updated periodically by us as we think fit and/or by
remote support by telephone, facsimile or other communication methods as we think fit without the
need for any physical attendance) during our normal office hours on business days and at such other
times and on such other dates agreed in writing;
(g) any charges or fees payable do not include any development, maintenance or technical support of Our
Website(s) or content and/or Sportworks and Sportworks Light and/or the Software or any document or
other property (including design and development work and improvements and/or supply of any new
release or update of our website(s) or content and/or Sportworks and Sportworks Light and/or the
Software or any document or other property);
(h) (subject only to any third party’s rights) all subject matter created, supplied or made available in
development, maintenance or technical support of Our Website(s) or content and/or Sportworks and
Sportworks Light and/or the Sportworks Materials and all property and all rights and IPR in or in
respect of such subject matter shall at all times solely belong to us or the relevant third party provider;
and
(i) (in addition to subject matter referred to in 1 (h) above and subject only to any third party’s rights) all
subject matter created, supplied or made available for use (or capable of use) in connection with our
website(s) or content and/or Sportworks and Sportworks Light and/or the Sportworks Materials and all
property and all rights and IPR in or in respect of such subject matter shall at all times solely belong to
us or the relevant third party provider.
2. If we agree in writing to provide any additional services which involve use of Our Website(s) and/or
Sportworks and Sportworks Light and/or Software then you must comply and use all reasonable
endeavours to procure compliance by your personnel, agents and contractors and (if applicable) by your
sub-licencees and their personnel, agents and contractors with:
(a) our guidance on use of Our Website(s) and/or Sportworks and Sportworks Light and/or the Software,
including such recommendations we may in our discretion make and which we intend as guidance only
as to any system, software (including any “browser”) and/or other equipment and other property that
you may need to enable you to do so;
(b) our password and security, acceptable use and privacy protocols and policies and such other protocols
and policies;
(c) all terms and conditions for use of third party property, including Software, as set out or referred to in
our standard terms and conditions or otherwise confirmed in writing; and
(d) all other terms and provisions of these Terms in respect of such use and use of any documents or
other information or other property supplied or made available by us (and in particular as regards
permitted use).
3. Save as otherwise agreed in writing, we have no responsibility for use of Our Website(s) and/or
Sportworks and Sportworks Light and/or the Sportworks Materials and you and/or your Administrative Level
User are solely responsible for managing and monitoring such use. Without prejudice to the generality of
the foregoing you agree to be solely responsible for use of allocated user name(s) or password(s) and
ensuring use of Our Website(s) and/or Sportworks and Sportworks Light and/or the Software or of any
documents or other information or property is at all times in accordance with these Terms.
DATA AND DATA PROTECTION (SUBJECT AS PROVIDED ABOVE IN THIS SPECIFIC SECTION)
1. Each party agrees to comply with their respective obligations under the Data Protection Act 1998 and to
provide all information and assistance requested in writing to the other party. Subject to the foregoing each
party shall use all reasonable endeavours to protect the identity of persons and their personal data
(including sensitive data) supplied or made available to it by compliance with those protocols and policies
confirmed in writing and express requirements of applicable law.
2. Subject only to any third party’s rights, all personal data (including sensitive data) and other data and
information created, supplied or made available by us and all property and all rights and IPR in or in
respect such data and information shall at all times solely belong to us or the relevant third party provider.
3. If you possess, process or otherwise use and disclose personal data (including sensitive data) or other
information about a third party, or we do so having received such data or other information from you or your
personnel, agents or contractors or your sub-licencees (if any) or their personnel, agents or contractors or
any other third party, in accordance with these Terms or for other purposes agreed in writing then it is your
responsibility to use all reasonable endeavours to ensure that such third party has given any requisite
consent and in particular that such consent extends to possession, processing or other use and disclosure
by either party and any relevant third party in accordance with these Terms and for other purposes agreed
in writing.
GENERAL
In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these
Terms shall remain valid and enforceable.
We reserve the right to vary these Terms from time to time. Such variations become effective immediately
upon the posting of the varied Terms on Our Websites. By continuing to use Our Websites you will be
deemed to accept such variations.
These Terms shall be governed by and interpreted in accordance with English law and the courts of
England and Wales shall have jurisdiction over any dispute arising from them.