The term ‘TSD Creative Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Flat 5, 17 Twyford Avenue, London, W3 9PY. Our company registration number is 10691116 and is Registered in England and Wales. The term ‘you’ refers to the user or viewer of our website.
These terms and conditions of use (“Terms”) apply to your use of the Website and by continuing to use this Website you are confirming that you accept the Terms set out below and the additional usage terms set out in the relevant parts of the Website.
The use of this website is subject to the following General Terms and Conditions:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- We do not warrant that functions available on this website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available is free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s) and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
1. REGISTRATION AND YOUR ACCOUNT
1.1. While this site is accessible without a registered account, in order to have access to all the Draft FC features you will:
1.1.1. be required to register with the site;
1.1.2. be 18 or over to register for an account;
1.1.3. be based in the United Kingdom in order to register for an account. We do not accept registrations from those residing in countries outside of the UK.
1.2. You need to select or accept a password to access your account. You agree not to reveal your password to other users as your Account is at risk if you let someone use it inappropriately.
1.3. It may be necessary for us to refuse some registration applications for example to prevent fraudulent use of the Website.
1.4. Maintaining the security and integrity of the Website is necessary to enable all our users to use it safely and effectively.
1.4.1. not to abuse the access or registration process;
1.4.2. to take responsibility for any improper or illegal use of your Account (including illegal or improper use by a third party who has used your password to access your Website Account) and repay to us with any costs and/or losses that we suffer as a result.
1.6. If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
1.7. All accounts must be registered with a valid personal email address that you access regularly. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice.
1.8. Draft FC reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Fantasy Football Hub accounts.
1.9. These Terms shall continue to apply to your use of the Website generally, however you may decide to close your Account. You may do so by notifying us at any time by sending an email stating such to us at email@example.com
2. PAYMENT TERMS
2.1 Membership Subscriptions
To begin a subscription, you must provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. Your subscription will continue and automatically renew until terminated. You must cancel your membership before it renews in order to avoid account charges for the next billing cycle. Account charges are fully earned upon payment and there are no refunds or credits for partially used months or years, as applicable. If any fee is not paid in a timely manner, or TSD Creative Ltd is unable to process your transaction using the credit card information provided, TSD Creative Ltd reserves the right to revoke access to your account.
If your credit card reaches its expiration date, your continued use of Draft FC constitutes your authorisation for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
You can find specific details regarding your subscription to Draft FC by visiting your account page.
2.2 Cancellation and Refunds
You can cancel your subscription to Draft FC at any time, and you will continue to have access to the Service for the remainder of your applicable billing cycle. To cancel your subscription, go to your Account page on our website and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period.
You may cancel your Draft FC account at any time – however, there are no refunds for cancellation. Payments are non-refundable and there are no refunds or credits for partially used billing periods. In the event that Draft FC suspends or terminates your account for violating our Terms of Service, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, or any content or data associated with your account. At any time, and for any reason, we may provide a refund or discount to some or all of our subscribers. The amount and form of such refunds and the decision to provide them are at our sole and absolute discretion and does not obligate us to provide such refunds in the future under any circumstance.
To use our Services, you must provide one or more Payment Methods. You remain responsible for any uncollected amounts. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to our Services until we have successfully charged a valid Payment Method.
Fantasy Football Hub reserves the right to adjust pricing for our Services or any components thereof in any manner and at any time, as we may determine in our sole and absolute discretion.
Your subscription to Draft FC may begin with a free trial. The duration of the free trial period of your subscription will be specified during sign-up and is intended to allow new and first-time subscribers to try our Services. Trials require at least one valid Payment Method associated with your account. Free trial eligibility is determined by Draft FC at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. For combinations with other offers, restrictions may apply. A temporary authorization may be placed on the credit card to assess its validity. This authorization will be removed after 24-48 hours, but may vary by bank.
We will charge the subscription fee for your next billing cycle to your Payment Method at the end of the free trial period and your subscription will automatically renew unless you cancel your subscription prior to the end of the free trial period. To view the applicable subscription price and end date of your free trial period, visit our website and click your account page. Once a charge is made, there is no refund available and the account is treated a subscription.
2.6 Referrals and Promotions
From time to time, we may offer referral programs for our subscribers, which allow subscribers to earn promotional items by referring friends to become new users of Draft FC. To participate, you must agree to these terms, which become part of Draft FC Terms of Service. The requirements for receiving, and the amounts of, referral benefits are subject to change at Draft FC’s sole discretion.
Draft FC has, in its sole discretion, the right to limit the number of times you may use or share your referral code. Your referral code may only be used for personal and non-commercial purposes. This means that you can only share your referral code with people you know. As a result, you agree that you will not (i) duplicate, sell or transfer your referral code in any manner or make it available to the general public, or use paid social media or paid search, (ii) try to use automated systems or bots through any channel to distribute, post or otherwise share your referral code.
Subscribers can earn referral benefits if (i) a referred friend clicks on their referral link to create a valid Draft FC account that complies with our Terms of Service and (ii) the referred friend signs up for an annual subscription. Referral benefits are discretionary and the amount of a referral benefit and the requirements can vary.
Draft FC may offer discounted promotions and subscriptions from time to time. Unless otherwise noted, the promotional price is available for the first year and for first-time subscribers only, after which regular pricing for the applicable plan will apply. We reserve the right to withdraw or deactivate any promotion for any reason at any time.
3 TERMINATION OF YOUR ACCOUNT
3.1. We may at any time, terminate your Website Account if:
3.1.1. you have breached any provision of these Terms or our Community Rules any other additional usage terms on this Website (or acted in such a manner which indicates that you cannot or do not intend to comply with these Terms or Community Rules or any other additional usage terms on this Website);
3.1.2. we decide to no longer provide an area on the Website for users to interact;
3.1.3. we are required to do so by law;
3.1.4. despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;
3.1.5. we no longer want to offer this service to you.
4. OUR LIABILITY
4.1. The information contained in this website is for general information purposes only. The information is provided by TSD Creative Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
4.2. Subject to clause 4.3 below, we shall not be liable to you for:
4.2.1. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of business data suffered by you;
4.2.2. any loss or damage which is not reasonably foreseeable;
4.2.3. any loss or damage which may be incurred by you as a result of:
220.127.116.11. any changes that we make to the Website, or for any permanent or temporary cessation in the provision of the Website or any part of it;
18.104.22.168. the deletion of, corruption of, or failure to store any Submissions (and other data) maintained or transmitted by or through your use of the Website;
22.214.171.124. the availability of or result through reliance on, any third party websites accessed through hyperlinks in the Website (including goods and services supplied or made available through such third party websites);
126.96.36.199. your failure to provide us with accurate registration information;
188.8.131.52. your failure to keep your password or Account (as defined in clause 1.1) details secure and confidential, or your inclusion of any personal information within a Submission (as defined in clause 15.1).
4.2.4. The limitations on our liability to you in paragraph 4.2.3 shall apply whether or not we have been advised of the possibility of such losses arising in advance.
4.3. We do not limit or exclude our liability for death or personal injury resulting from our negligence, fraudulent misrepresentation or any other losses which may not be lawfully excluded or limited by law.
4.4. Nothing in these terms shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact your Local Citizens Advice Bureau or refer to the Office of Fair Trading website (www.oft.gov.uk/default.htm).
5. YOUR LIABILITY
5.1. You agree to refund or otherwise take responsibility for any and all liabilities, costs and expenses, including reasonable legal fees, which we or any of our group companies or personnel may incur as a result of to any breach of these Terms by you, or in connection with the use of the Website or any Submission or other transmission of any message or information on the Website by you from your Account.
6. USE OF WEBSITE CONTENT
6.1. All content which features on the Website which is provided by us or on our behalf including but not limited to the text, photographs, images, graphics, illustrations, sounds, videos, designs, written and other material is protected by copyright, trade mark rights and/or other intellectual property rights owned by or licensed to TSD Creative Ltd.
6.2. You are permitted to download, print or copy any content from the Website, provided that you:
6.2.1. do so only for your personal, non-commercial use;
6.2.2. acknowledge us as the source of the material; and
6.2.3. do not use the Draft FC content in any other manner.
6.3. You must apply to us using our email address (firstname.lastname@example.org) for the appropriate consent and conditions to use the Draft FC content for any use other than as set out in clause 6.2.
6.4. We reserve any other uses of, and rights in, the Draft FC content so you must ask our prior permission for these as set out above. We will not always be able to give our consent.
6.5. For certain Draft FC content (such as part of our members area), or where our suppliers have required us to do so, separate and/or additional usage terms may apply and these will be marked on the relevant part of the Website.
6.6. You must not, nor try to, make mass, automated or systematic extractions of Draft FC content, or use it to create or include it within another paper or electronic database, or try to re-sell or re-distribute it. We reserve the right to prohibit or restrict the way in which other sites link to or frame or re-present any of the Fantasy Football Hub content.
7. LIMITATION OF LIABILITY
7.1. Neither TSD Creative Ltd nor any of our directors, employees or other representatives will be liable for damages, in contract, tort or otherwise including negligence, arising out of or in connection with the use of the website or members area. You confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the website or members area. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. We do not limit or exclude our liability for death or personal injury resulting from our negligence or for any other liability which may not lawfully be excluded or restricted.
8.1. You agree to fully indemnify us immediately on demand against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms by you (or any other user who accesses the website or members area using your user name) or any other liabilities arising out of your or their use of the Website or members area. You shall provide us with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
9. TERMS HELD TO BE INVALID OR UNENFORCEABLE
9.1. If any provision of these Terms is held to be invalid or unenforceable by a court of law with jurisdiction to decide on this matter, then such provision shall be removed from these Terms without affecting the rest of these Terms, and the remaining provisions shall continue to be valid and enforceable.
10. WAIVER OF OUR RIGHTS
10.1. A failure by us in exercising our rights or remedies which arise under these Terms shall not be a waiver of that right or remedy, and no waiver by us shall be effective unless provided in writing and signed by us.
11. GOVERNING LAW
11.1. These Terms and your access to and use of the Website are subject to:
11.1.1. (if you are a resident in the UK) the relevant UK law, and the relevant UK Courts will have exclusive jurisdiction; or
11.1.2. (if you are not resident in the UK) then English law will apply and the English Courts will have exclusive jurisdiction.
11.2. Notwithstanding clause 11, you agree that we shall still be allowed to apply for injunctive remedies (or other types of temporary relief or legal remedy) in any jurisdiction.
ACCEPTANCE OF TERMS AND CONDITIONS
You hereby acknowledge that you have read and agree to be bound by the above Terms for our website and members area as well as the General Terms and Conditions.