3. Accessing the Site

3.1. The Site is a web-based service and allows users that register for an account on the Site to create and update an online sports club website on onsport.com.  Once registered, each sports club will receive its own website in the form [sports club name].onsport.com (“Sub-Domain”) on which to post content.

3.2. Unless explicitly stated otherwise, any new features that augment or enhance the current Site, including the release of new Onsport or Maxinutrition tools and resources, shall be subject to the Terms and Conditions.

3.3. Maxinutrition reserves the right to restrict, withdraw or amend the Site at any time without prior notice and shall not be liable for any such restriction, withdrawal or amendment.

3.4. Maxinutrition shall not be liable if for any reason the Site is unavailable at any time or for any period.

3.5. The Site may include certain communications from Maxinutrition, such as service announcements, administrative message and the Maxinutrition nNewsletter.  You acknowledge and agree that these communications are considered part of membership to the Site and that you will be able to opt out of receiving them.

3.6. In order to use the Site you must register an account by providing Maxinutrition with a valid email address and other required information and set up a password.  You must notify Maxinutrition of any changes to the information provided when registering your account.  Maxinutrition reserves the right to suspend or terminate your account if any information provided is untrue, inaccurate, incomplete or out of date.

3.7. All account holders must be aged 13 or above and you confirm that if you are aged between 13 to 18 that your parent or guardian has agreed that you can use this Site.

3.8. Any password, identification code or security code in connection with the Site must be kept confidential and not disclosed to any third party.  You acknowledge and agree that you will be responsible for all activities that occur under your password or account.

3.9. You must notify Maxinutrition immediately if you become aware of any unauthorised use of your password or other security breach.

4. Intellectual Property Rights

4.1. You warrant that any and all material which you contribute to the Site, including, but not limited to, posting of any material or content (“Contributions”) complies with these Terms and Conditions and you indemnify Maxinutrition for any breach of that warranty.

4.2. You warrant that you own, or are expressly permitted or otherwise licensed to use, any name forming the Sub-Domain and that your use of the Sub-Domain does not infringe any third party intellectual property rights.

4.3. Maxinutrition is the owner or licensee of all intellectual property rights in the Site and the material that it publishes on it.

4.4. By using the Site you warrant that you have ownership in any Contributions that you post or upload and that you grant Maxinutrition a limited non-exclusive royalty free licence to use and modify any Contributions that you post or upload to the Site and, in particular, you license Maxinutrition to use any Contributions (including any intellectual property) in connection with its marketing of the Site or Maxinutrition’s products and services.

4.5. You agree that you will not post any Contributions on the Site that infringes or violates any third party’s intellectual property rights and hereby indemnify Maxinutrition against any infringements or violation by you of any third party intellectual property rights.

4.6. Maxinutrition has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights or their right to privacy.

5. Liability

5.1. Commentary and other materials posted on the Site by Maxinutrition, any user or any third party are not intended to amount to advice on which reliance should be placed.  Maxinutrition therefore disclaims all liability and responsibility arising from any reliance placed on such materials.

5.2. The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.

5.3.

To the extent permitted by law, Maxinutrition, other members of the group of companies and third parties connected to Maxinutrition hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of:

• income or revenue;
• business;
• profits or contracts;
• anticipated savings;
• data;
• goodwill; or
• for wasted management or office time; or

5.4. This does not affect Maxinutrition’s liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

6. Privacy

6.1. Maxinutrition processes information about you in accordance with its Privacy Policy  [link to privacy policy].  By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

6.2. If you collect or provide any information from third parties or other users through the Site you warrant that you have obtained their consent and comply with the terms of the Data Protection Act 1998.

6.3. You acknowledge that by using the Site, information about you may be accessed by other users of the Site.

7. Amending the Terms and Conditions

7.1. Maxinutrition reserves the right to amend or update the Terms and Conditions from time to time without prior notice to you.

7.2. Any such changes will be brought to your attention and you will be obliged to accept any such changes using the button provided to continue to use the Site.

8. Advertisers

8.1. You understand and agree that the Site may include advertisements and that these advertisements are necessary for Maxinutrition to provide the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. You agree that Maxinutrition shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

8.2. The inclusion of any advertisements on the Site does not constitute an endorsement of, nor affiliation with, such companies or products by Maxinutrition. We are do not control the content of such advertisements and as such accept no liability in connection with any advertising on the Site. The Site is used entirely at your own risk.

9. Links

9.1. The Site may provide, or third parties may provide, links to other web sites or resources. Because Maxinutrition has no control over such sites and resources, you acknowledge and agree that Maxinutrition is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for anything on or available from such web sites or resources. You further acknowledge and agree that Maxinutrition shall not be responsible or liable, directly or indirectly, for any damage or loss by or in connection with use of or reliance on any such web site or resource.

10. Interactive Services

10.1. Maxinutrition may from time to time provide interactive services on the Site, including, without limitation:

• Chat rooms.
• Bulletin boards.
• Fixtures, results and team management.
• Club administration.
• Special interest groupings.
• Advertising and sponsorship.
• Games and other applications.
• Recruit fans, players and sponsors.
• Social networking.

10.2. Maxinutrition is under no obligation to oversee, monitor or moderate any interactive service provided on the Site, and expressly excludes liability for any loss or damage arising from the use of any interactive service by a user in contravention of the Terms and Conditions.

10.3. The use of any of Maxinutrition’s interactive services by a minor is subject to the consent of their parent or guardian.

10.4. In the event that a concern or difficulty arises in connection with the use of the Interactive Services or to report inappropriate use please contact konstantins.x.afanasjevs@maxinutrition.com.

10.5. If you elect to download or access any additional software or third party content made available through the Site, you may have to agree to additional terms and conditions before you use such software or third party content.

11. Termination

11.1. Maxinutrition may, without prior notice, suspend or terminate your account, delete or amend any content that you have posted onto the Site or discontinue any part of the Site at its sole discretion in the event of lack of use, non compliance with the Terms and Conditions, lapse of any security or in the event that you provided inaccurate, incomplete or untrue registration details to Maxinutrition.

11.2. Any non-compliance with the Terms and Conditions may result in Maxinutrition taking any or all of the following actions:

• Immediate, temporary or permanent withdrawal of the right to use the Site;
• Immediate, temporary or permanent removal of any posting or material uploaded to the Site including all pages in relation to your club, team or event;
• Issue a warning to you;
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• Further legal action against you;
• Disclosure of such information to law enforcement authorities as Maxinutrition reasonably feel is necessary; and/or
• Any other action that Maxinutrition reasonably deems appropriate

11.3. If Maxinutrition disables, suspends or terminates your account you must not create another account without Maxinutrition’s prior written permission.

11.4. If you cancel your subscription to the Site, your cancellation will take effect immediately. After cancellation, you will no longer have access to the Site and all information contained therein may be deleted by Maxinutrition. Maxinutrition accepts no liability for any deleted information.

11.5. If a Sub-domain is deleted or terminated for any reason then the users associated with that Sub-Domain may also be deleted at the discretion of Maxinutrition.

11.6. If a Sub-domain is deleted or terminated for any reason then the users associated with that Sub-Domain may also be deleted at the discretion of Maxinutrition.

12. Prohibited Uses

12.1. You may use the Site only for lawful purposes. You shall not use the Site:

• In any way that breaches any applicable local, national or international law or regulation;
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• For the purpose of harming or attempting to harm minors in any way;
• To engage in unlawful multi-level marketing such as a pyramid scheme;
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Terms and Conditions;
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
• To do anything that does, or could, disable or impair the Site such as a denial of service attack.

12.2. You also agree you shall not:

• reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of the Terms and Conditions.
• access without authority, interfere with, damage or disrupt:

• Any part of the Site;
• Any equipment or network on which the Site is stored;
• Any software used in the provision of the Site; or
• Any equipment or network or software owned or used by any third party.

12.3. You shall not use or allow (or cause, enable or assist any third party to use) the Site to be used, in any way, to offer gaming or gambling as defined in the Gambling Act 2005 (and any of its updated amendments) of England and Wales (“Gambling Act”). For the avoidance of any doubt nothing in this Agreement shall prevent the use of the Site by Maxinutrition to run free prize draws.

12.4. You shall not use or allow (or cause, enable or assist any third party to use) the Site to be used, in any way, to offer sports related services. For the purposes of this agreement “sports related services” shall be defined as worldwide services which are concerned with:

• the representation of athletes,
• stadium naming rights sales,
• sponsorship sales,
• corporate consulting, and
• media rights analysis and negotiation.

12.5. You shall not establish any service or offering which is similar to the Site.

12.6. Failure to comply with this clause 12 constitutes a material breach of the Terms and Conditions.

13. Content Standards

13.1. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.

13.2. Contributions must:

• Be accurate (where they state facts);
• Be genuinely held (where they state opinions); and
• Comply with applicable law in the UK and in any country from which they are posted.

13.3. Contributions must not:

• Contain any material which is defamatory of any person;
• Contain any material which is obscene, offensive, hateful or inflammatory;
• Promote sexually explicit material;
• Promote violence;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Infringe any copyright, database right or trade mark of any other person;.
• Be likely to deceive any person;
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• Promote any illegal activity;
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• Be likely to harass, upset, embarrass, alarm or annoy any other person;
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• Give the impression that they emanate from us, if this is not the case; or
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

13.4. Failure to comply with this clause 13 constitutes a material breach of the Terms and Conditions.

13.5. You agree to indemnify and hold Maxinutrition, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your Contributions, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Site, including, but not limited to, costs incurred for Internet access.

14. General

14.1. These Terms and Conditions shall be subject to the laws of England and Wales and the courts of England shall have exclusive jurisdiction over any claim arising from or in relation to the Site or these Terms and Conditions.

14.2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access the Site without the express written permission by Maxinutrition.

15. Contact

15.1. Questions and comments regarding these Terms and Conditions are welcomed and should be addressed to konstantins.x.afanasjevs@maxinutrition.com.

PRIVACY POLICY

1.    INTRODUCTION

1.1. This policy (together with the Terms and Conditions and any other documents referred to therein) sets out the basis on which any personal data collected by or provided to Maxinutrition will be processed.

1.2. For the purpose of the Data Protection Act 1998 (the Act), the data controller in relation to personal data controlled by us is Maxinutrition Limited (“Maxinutrition”). Maxinutrition is registered in England and Wales under company number 03084288 and has its registered office at Unit 1, Horizon Point, Swallowdale Lane, Hemel Hempstead, Hertfordshire, HP2 7FZ.

1.3. For the purpose of the Act, the data controller in relation to personal data controlled by you, but processed by us in relation to the Site, is you.

2.    INFORMATION MAXINUTRITION MAY COLLECT FROM YOU

2.1. Maxinutrition may collect and process the following data about you:

• Information that you provide by filling in forms on the Site onsport.com/onsport.co.uk;
• A record of any correspondence between you and Maxinutrition;
• Information from surveys for research purposes (although you do not have to respond to surveys);
• Information gathered from contests;
• Details of transactions you carry out through the Site and of the fulfilment of your orders; and/or
• Details of your visits to the Site and the resources that you access.
• Information provided by third parties in relation to your use of the Site or the services provided by the Site, in which case, we are the data processor.

3.    IP ADDRESSES AND COOKIES

3.1. Maxinutrition may collect information about your computer including information pertaining to your operating system, browser type, IP addresses and internet domain in order to provide a better site and service and to increase download speed. In addition, Maxinutrition may collect statistical data about your browsing actions and patterns. This information does not identify any individual.

3.2. Maxinutrition may obtain information about your use of the Site and general internet usage by installing and re-using a cookie, flash object or LSO file which is stored on the hard drive of your computer (“Cookie”). Cookies contain information that is transferred to your computer’s hard drive and enable Maxinutrition:

• To estimate audience size and usage pattern;
• To store information about your preferences;
• Observe your browsing history;
• To speed up your searches; and
• To recognise you when you return to the Site.

3.3. This does not cost you anything but allows Maxinutrition to update you with information and special offers that are not available to non-registrants.

3.4. Please note that our advertisers or advertising networks may also use Cookies, over which we have no control and you consent to the use of these Cookies by our advertisers.

3.5. You hereby expressly consent to our use of Cookies as set out in this Privacy Policy.

3.6. You may opt-out of or decline the use of Cookies at any time but in doing so the Site may not perform or function as we intend and you may be unable to access certain parts of the Site. You can decline Cookies through controls and settings which are unique to your chosen internet browser and you should consult that browsers help file for further information about declining the use of Cookies. You can also find out further information at www.youronlinechoices.co.uk.

4.    WHERE MAXINUTRITION STORES YOUR PERSONAL DATA

4.1. The data that Maxinutrition collects from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for Maxinutrition or for one of its suppliers. By submitting your personal data, you agree to this transfer, storing or processing. Maxinutrition will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

4.2. You are responsible for keeping confidential any password which enables you to access certain parts of the Site.

4.3. Maxinutrition will use reasonable endeavours to protect your personal data but cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk.

5.    USES MADE OF THE INFORMATION

5.1. Maxinutrition uses information held about you in the following ways:

• To ensure that content from the Site is presented in the most effective manner for you and for your computer;
• To provide you with information, products or services that you request from Maxinutrition or which it feel may interest you;.
• To carry out our obligations arising from any contracts entered into between you and Maxinutrition;
• To allow you to participate in interactive features of the service, when you choose to do so;
• To notify its marketing partners  of aggregate customer profiles to help it to create a better service; and
• To notify you about changes to the service.

5.2. Maxinutrition may provide its advertisers and carefully selected third parties with information about its users, including, but not limited to, aggregate information, (for example, it may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). Maxinutrition may also use information it collects to help advertisers reach the kind of audience that they want to target. Maxinutrition may make use of the personal data it has collected from you to enable it to comply with its advertisers’ wishes by displaying their advertisement to that target audience.

6.    DISCLOSURE OF YOUR INFORMATION

6.1. Maxinutrition may disclose your personal information to any member of its group, which means its subsidiaries, its ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

6.2. Maxinutrition may disclose your personal information to third parties:

• In the event that its sells or buys any business or assets, in which case it may disclose your personal data to the prospective seller or buyer of such business or assets;
• If it or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
• If it is under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply its Terms & Conditions; or to protect the rights, property, or safety of its customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
• If it uses a third party to fulfil any order that you have made through the Site (this may include your credit card details, if relevant);

6.3. Maxinutrition may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and Maxinutrition or such third parties may contact you about these by post or by telephone.

7.    YOUR RIGHTS

7.1. You have the right to ask Maxinutrition not to process your personal data for marketing purposes. Maxinutrition will usually inform you (before collecting your data) if it intends to use your data for such purposes or if it intends to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms used to collect your data. You can also exercise the right at any time by contacting Maxinutrition at [konstantins.x.afanasjevs@maxinutrition.com].

7.2. The Site may, from time to time, contain links to and from the websites of Maxinutrition’s partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that they have their own privacy policies and that Maxinutrition does not accept any responsibility or liability for these policies.

8.    ACCESS TO INFORMATION

8.1. The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet Maxinutrition’s costs in providing you with details of the information it holds about you.

9.    CHANGES TO THE PRIVACY POLICY

9.1. Any changes Maxinutrition may make to its Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

10.    CONTACT

10.1. Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to [konstantins.x.afanasjevs@maxinutrition.com].