1. About Our Terms And Conditions
1.1 These Terms and Conditions of use explain how you may access and use this website (the Site), our services provided through the Site (the “Service”), applications and tools.
1.2 References in these Terms and Conditions to the “Site” includes the following website: Kwesesports.com, and all associated web pages.
1.3 You should read these Terms and Conditions carefully before using the Site.
1.4 We may change these Terms and Conditions from time to time and so you should check these regularly. Your use of the Site will be deemed an acceptance of the terms existing at that time.
1.6 If you have any questions about the Site, contact us [kwesesports.com/contact-us].
– means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the site;
Site or Kwesé Sports Site
– shall have the meaning as set out above;
– means Econet Media Limited and “Our” shall be interpreted accordingly;
Website acceptable use policy
– means the policy [Website Acceptable Use Policy], which governs your permitted use of the Site;
– means the personal details, which may be provided by You to Us via the Site;
– means the subscribers to the Site collectively and/or individually as the context admits;
– means you, the user of the Site and “Your” shall be interpreted accordingly;
– means a site on the World Wide Web.
3. Account, Password and Security
3.1 You are entirely responsible for maintaining the confidentiality of your password and account details. Furthermore you are fully responsible for your own security, please therefore do not under any circumstances disclose your bank details, credit card details, your personal User name or Subscriber login or password or other such information to any other person unless you are confident that the information will not be misused.
3.2 Please also ensure that you do not leave your personal computer unattended while it is in operation unless it is safe to do so, and be aware that public forums and chat rooms are often used by people as a means of exploiting others and obtaining personal information about you
3.3 You must notify us in writing immediately if you become aware of any disclosure of your password.
3.4 You are responsible for any activity on our Site arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
4. Permitted Use
4.1 Access to and use of the Site is permitted only by individuals for personal and/or educational use and private display.
4.2 To be eligible to subscribe to the Site and our Service, you must meet the following criteria (the “Eligibility Criteria”):
4.2.1 You must have an account in good standing with an authorized subscription provider of the Service (“Subscription Provider”) and have activated your subscription to the Service (the “Subscription”) with the Subscription Provider or have registered an account on the Site which must remain in good standing.
4.3 To view any of the live or delayed broadcasts of the Copa de S.M. el Rey matches or any part thereof, through the Service, the Eligibility criteria shall further include that:
4.3.1 You must ordinarily reside within an Anglophone Sub-Saharan African country and have reached the age of 18, or the age of legal majority in your territory of residence;
4.4 You may view, preview, select, stream, access, download and temporarily store on an internet connected device; graphics, artwork, text, audio, video, audio-visual material, video, audio, graphics, photos, text, special features, messages, animation, images, trademarks, names, software, other content and logos, (collectively “Content”) via the Site and/or our Service in accordance with these Terms and Conditions for as long as you meet the Eligibility Criteria, during the timeframe in which your account is active and for the duration of the access window for each individual Content item. Any unauthorized copy of the Site, Content, underlying software, or any portion thereof will constitute a violation of copyright. Violation of this Agreement in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Service and the Site.
5. Non-Permitted Use
5.1 Other than as expressly permitted by these Terms and Conditions, you may not modify, copy, distribute, communicate to the public, extract, reutilise, download, reproduce, display, republish, post, licence, transmit, manipulate, add to, delete from, adapt or otherwise use an Content in whole or in part, without Our prior written consent.
6. Third Party Websites
6.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Site.
6.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material.
6.3 Any dealings between You and any third party advertisers or merchants found on or via the Kwesé Sports Site, including payment for and delivery of products, Service and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
7. Submitting Information To The Site
7.1 While We try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any advertising or marketing suggestions, prototypes, or any other content or information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
7.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
8. Accuracy Of Information And Availability Of The Site
8.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
8.2 We may suspend or terminate operation of the Site at any time as we see fit. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
9. Intellectual Property
9.1 All intellectual property rights in all material or Content supplied as part of the Kwesé Sports Site shall remain at all times vested in Us or Our licensors. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these terms and conditions. This means, for example, that we remain owners of them and free to use them as we see fit. You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.
9.2 If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
9.3 Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
9.4 You acknowledge that by posting materials on the Kwesé Sports Site You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the Kwesé Sports Site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
10. Limitation Of Liability
10.1 Except for:
10.1.1 death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
10.1.2 fraud or fraudulent misrepresentation;
10.1.3 breach of any of the provisions implied into these terms and conditions under the applicable consumer protection legislation
we will only be liable for any direct loss or damage that is a reasonably foreseeable consequence of a breach of these terms and conditions. Losses are foreseeable where they could be contemplated by you and us at the time these terms and conditions are entered into. We are not responsible for indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
You agree that you are making use of our Service at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.2 Events Beyond Our Control
10.2.1 We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
11. Rights Of Third Parties
11.1 No one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.
12.1 These terms are dated 30 November 2015. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
13.1 We will try to resolve any disputes quickly and efficiently.
13.2 You agree to first contact Us and attempt to resolve the dispute informally. If We have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and Conditions by binding arbitration under the LCIA Rules, which Rules are deemed to be incorporated herein by reference.
13.3 Unless you and Econet Media Limited agree otherwise, the arbitration will be conducted in the country where you reside or in Mauritius.
13.4 The language to be used in the arbitration shall be the English language.
13.5 The number of arbitrators shall be one.
13.6 Each party will be responsible for paying its own arbitration costs.
13.7 Arbitration Award: The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
13.8 Injunctive Relief: Nothing in these Terms and Conditions shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Site and Our Service.
13.9 All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims.
13.10 You agree that, by entering into these terms, you and Econet Media Limited are each waiving the right to take court proceedings or to participate in a class action.
14. Governing Law
14.1 These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales.
15.1 We reserve the right immediately to terminate Your use of and access to the Kwesé Sports Site if You breach or We have reasonable grounds to believe that You are likely to breach these Terms and Conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.