1. These Terms are between you (the “User”) and Team Taca Limited, a company incorporated in Ireland with company registration number737354 and having its registered office at 4 Grove House, Salem Court, MaxwellRoad, Rathmines, Dublin 6 (“Team Taca”).
3. Users are permitted to avail of the Team Taca Services and access theTeam Taca Content strictly pursuant to these Terms and the terms of theAgreement entered into between the club the User is a designated member of (the“Client”) and Team Taca. Use of the Team Taca Services may be subject toadditional terms and conditions presented by Team Taca, which are herebyincorporated by this reference into these Terms. Such additional terms includebut are not limited to the Terms and Conditions governing the Client’s accessto the Services and Platform.
4. Users acknowledge that they have read these Terms,understand them and agree to be bound by them. Using the Platform, the User’selectronic acceptance of these Terms and/or commencement of use of the TeamTaca Services constitutes the Users acceptance of these Terms. If the personagreeing to these Terms is accepting on behalf of the User, suchindividual represents that they have the authority to bind the User to theseTerms. If a User does not agree to these Terms, then the User must not sign upfor or access the Team Taca Services.
GRANT OF RIGHTS TO THE USER5. Subject to the Users compliance with these Terms(including any other applicable terms and conditions), Team Taca grant to theUser a limited, non-exclusive and revocable permission to make personal use ofthe Team Taca Services and the Team Taca Content. Such rights shall remain ineffect unless and until terminated by the User or Team Taca. The User agreesthat it will not redistribute, or transfer or circulate the Team Taca Servicesor the Team Taca Content.
REGISTRATION PROCESS AND ACCOUNT INFORMATION
6. To commence use of the Team Taca Services a Usermust first complete the registration process through the Platform or such othertool for access provided by Team Taca. Team Taca may reject a User’sapplication in its absolute discretion.
7. Users are requiredto sign up for a user account by providing all information required by TeamTaca in order to access or use the Team Taca Services. Users arerequired to provide true, accurate, current and complete information asprompted by the sign up process and maintain and promptly update theinformation provided during sign up to keep it true, accurate, current, andcomplete.
8. If a User providesany information that is untrue, inaccurate, outdated, or incomplete, or if TeamTaca has reasonable grounds to suspect that such information is untrue,inaccurate, outdated, or incomplete, Team Taca may terminate a user account andrefuse the User current or future use of any or all of the Team Taca Services and access to the TeamTaca Content.
9. Users are responsible for maintaining the confidentiality of its passwordsand account information relating to the Team Taca Services. ThePlatform is not an archive and Team Taca shall have no liability to a User orany other person for loss, damage or destruction of any information or content.If a password is lost, stolen or otherwise compromised, the User shall promptlynotify Team Taca, whereupon Team Taca shall suspend access to the account byuse of such password and issue a replacement password to the Client or the User.Team Taca will not be liable for any loss the User may incur as a result ofsomeone else using the User’s password or account, either with or without the User’sknowledge. The User may be held liable for losses incurred by Team Taca or anyother party due to someone else using the User’s account or password. If TeamTaca terminates the User’s use of the Platform, Team Taca may, at its ownoption, remove and destroy data and files stored by Team Taca on the User’sbehalf. Team Taca has no obligation to monitor the User’s use of the Team Taca Services but reserves the right in its sole discretion to do so.
10. Any UserIDs, names or passwords associated with the User’s account shall be maintainedby the User as confidential and should not be shared by the User with anyonenot authorised to have access to such personal information. Team Taca strictlyforbids the use of one account for multiple users, with such use comprising amaterial breach by the User of these Terms.
11. The User isresponsible for ensuring that all activities that occur in connection with the User’saccount comply with these Terms. The User understands that Team Taca is notresponsible for account administration and internal management of the Team Taca Services for the User.
USEROBLIGATIONS AND USE OF THE PLATFORM AND TEAM TACA SERVICES
12. The User warrants and agrees that:12.1. it will co-operate with Team Taca in all mattersrelating to the Team TacaServices;12.2. it will acquire and transfer to Team Taca all personaldata of the User and of any third party that is necessary in order for TeamTaca to provide the Team Taca Services. The User will transfer such personal data in compliancewith US, EU and national rules applicable from time to time and shallindemnify, hold harmless and, upon Team Taca’s request, defend Team Taca fromand against all fines, claims, liabilities, actions, demands, settlements,damages, costs, fees and losses of any type, including reasonable professionalfees and costs that Team Taca may incur in consequence of the User’snoncompliance with said US, EU and national rules. For the use and processingof said personal data, the User will appoint Team Taca as data processor,Team Taca will use and process such personal data transferred by the User in compliance withthe rules set forth in applicable data protection law;12.3. it shall only access the Platform and use the Team Taca Services in accordance with these Terms; and12.4. it shall use all reasonable efforts to prevent any unauthorised accessto the Team Taca Services, the Platform or the Team Taca Content, or use of,the Team TacaServices and, in the event of any suchunauthorised access or use, promptly notify Team Taca.
13. The User warrants and agrees that it will not upload any material to the Platform in any manner(as determined by Team Taca in its sole and absolute discretion) that:13.1. is illegal, or promotes orencourages illegal activity;13.2. promotes, encourages or engages inany spam or other unsolicited bulk email, or computer or network hacking or cracking;13.3. infringes on the intellectualproperty rights of any person or entity;13.4. interferes with the operation ofthe Team Taca Services or the Platform provided; or13.5. contains or installs any viruses,worms, bugs or other code, files or programs designed to, or capable of,disrupting, damaging or limiting the functionality of the Team Taca Services orPlatform.
14. The User warrantsand agrees that any information they contribute to, post or display on thePlatform shall:14.1. be true, accurate, complete andlawful;14.2. not be false, misleading ordeceptive;14.3. not contain information that isdefamatory, libellous, threatening or harassing, obscene, objectionable,offensive, sexually explicit or harmful; and14.4. not contain information that isdiscriminatory or promotes discrimination based on race, gender, religion,nationality, disability, sexual orientation or age.
15. The User warrantsand agree that it shall:15.1. carry on their activities on thePlatform in compliance with any applicable laws and regulations;15.2. carry on their activities inaccordance with these Terms and any applicable additional agreement; and15.3. not use the Platform or Team TacaServices to defraud any person or entity;15.4. not impersonate any person orentity, misrepresent themselves or their affiliation with any person or entity;15.5. not engage in spamming or phishing15.6. not engage in any other unlawfulactivities (including without limitation those which would constitute acriminal offence, give rise to civil liability, etc.) or encourage or abet anyunlawful activities;15.7. not involve any computer virusesor other destructive devices and codes that have the effect of damaging,interfering with, intercepting or expropriating any software or hardwaresystem, data or personal information;15.8. not involve any scheme toundermine the integrity of the data, systems or networks used by Team Taca orthe Platform or gain unauthorised access to such data, systems or networks;15.9. not engage in any activities thatwould otherwise create any liability for Team Taca or its affiliates; and15.10. not interfere with or disrupt the integrityor performance of the Team Taca Services or Platform or third-party datacontained therein.
16. The User warrants and agrees that it shall not (and agree not to allow any third partyto):16.1. attempt to copy, modify, duplicate, createderivative works from, frame, mirror, republish, download, display, transmit,or distribute all or any portion of the Team TacaServices or Platform;16.2. attempt to de-compile, reverse compile,disassemble, reverse engineer, or otherwise reduce to human or perceivable formall or any part of the Team Taca Services orPlatform;16.3. use the Team TacaServices or Platform or Team Taca Content to provide services to thirdparties;16.4. copy, reproduce, redistribute, record, transfer, link to, display to thepublic, broadcast, or make available to a third party, or any other use whichis not expressly permitted under these Terms, any part of the Team TacaServices or Team Taca Content;16.5. attempt to obtain, or assist third parties inobtaining, access to the Team Taca Services, the Platformor the Team TacaContent;16.6. sublicense, lease, rent,assign, distribute, repackage, rebrand, or otherwise transfer or disclose the TeamTaca Services, the Platform or the Team Taca Content or any otherintellectual property rights of Team Taca,any portion thereof or any documentation to any third-party;16.7. remove any copyright, trade markor other proprietary rights notices contained in or on the Team Taca Services,the Platform or the Team Taca Content or in or on any content or othermaterial obtained via the team Taca Services;16.8. use any hardware, software, orother device, process or means to access, retrieve or index any portion of the TeamTaca Services, the Platform or the Team Taca Content;16.9. access, retrieve or index anyportion of the Team Taca Services, the Platform or the Team Taca Contentfor purposes of constructing or populating any database;16.10. reformator frame any part of the Team Taca Services, the Platform or the Team Taca Content.16.11. createuser accounts by automated means or under false or fraudulent pretences orcreate multiple log-ins;16.12. transmitany viruses, worms, defects or other items of a destructive nature;16.13. usethe Team Taca Services or Platform to violate the security of any computernetwork, crack passwords or security encryption codes, transfer or storeillegal material including that are deemed threatening or obscene;16.14. copyor store any content offered through the Team Taca Services, the Platform orthe Team TacaContent unless expressly permitted by Team Taca;16.15. useany device, software or routine that interferes with the proper working of the TeamTaca Services or Platform or otherwise attempt to interfere with the properworking of the Team Taca Services or Platform;16.16. take anyaction that imposes, or may impose in the sole discretion of Team Taca, anunreasonable or disproportionately large load on the TeamTaca Services or Platform;16.17. use the Team Taca Services or Platform, intentionally orunintentionally, to violate any applicable law or regulations;16.18. impersonateany person or entity;16.19. attempt togain unauthorised access to the Team Taca Services,the Platform or the Team Taca Content, its facilities and/or services orany accounts, computer systems or networks connected to the Platform, itsfacilities and/or services through hacking or any other means;16.20. post oruse any material that is obscene, defamatory, seditious, indecent, offensive,incite racial hatred or incite a crime, be scandalous or inappropriate;16.21. harvest orotherwise collect by any means any programme material or information from the Team Taca Services or Platform, or to monitor,mirror or copy any content of the Team Taca Services,the Platform or the Team Taca Content;16.22. identifyor speculate as to the identity of any anonymous or pseudonymous user; or16.23. solicitpasswords or personally identifying information for commercial or unlawfulpurposes.
17. The User acknowledge that user subscriptions and use of the Team TacaServices are for designated users and cannot be shared or used by more than oneUser.
18. The User shall be solely responsible for the accuracy, completeness,design, appropriateness, creation, maintenance, and updating thereof of alldata furnished by them in the use of the Team Taca Services. Team Tacashall not be liable for any errors or inaccuracies in any data provided by the User.
19. Any material downloaded orotherwise obtained through the Team Taca Services is done at the User’s owndiscretion and risk, and the User will be solely responsible for any damage tothe User’s computer system or loss of data that results from the download ofany such material.
20. The User may not use any information providedby Team Taca to create any software whose expression is substantially similarto the technology and/or Platform and/or Team Taca Services and/or businesscarried out or provided by Team Taca nor use such information in any mannerwhich would be restricted by any copyright subsisting in it.
21. The User acknowledges that Team Taca are not obliged to edit and/ormodify the User’s data and are not responsible for the accuracy, completeness,appropriateness, safety or legality of the User’s data or any other informationor content the User may be able to access using the Team Taca Services andPlatform, including without limitation the data of other users of the Team TacaServices. The User further acknowledges that any communication with other users while using the TeamTaca Services or Platform is the User’s sole and exclusive responsibility andTeam Taca will not be responsible or liable in any way for any copyrightinfringement or violation, or the violation of any other person’s rights or theviolation of any laws arising or relating to the User’s data.
22. Team Taca reserves the absolute right at itssole discretion, without being obliged to give any reason, to reject, amend orremove any content posted or submitted by a User at any time and without noticeto the User. Team Taca reserves the right to monitor and to review all contentsubmitted to, accessed on or published on the Platform at any time. For theavoidance of doubt the User shall be responsible for and liable to Team Taca inrespect of its compliance with these Terms, the access of the User to the TeamTaca Services and Platform, the User’s use of the Platform and Team TacaServices and any action the User takes in breach of these Terms.
23. The PrivacyPolicy of Team Taca sets out how Team Tacacollect, use, process and disclose personal information provided to Team Tacaby a User,and/or those with whom Team Tacadeals with on the User’s behalf in thecourse of business including but not limited to personal data provided to Team Taca by upload to the Platform.
24. Team Taca reserves the right (but undertakesno duty) to decide whether any item of content is appropriate and/or complieswith these Terms. Team Taca (in its sole and absolute discretion) may removeany item posted to the Platform and/or terminate access to the Team Taca Services and Platform for posting or publishing anymaterial in violation of these Terms (as determined by Team Taca in its soleand absolute discretion), at any time and without prior notice.
25. Team Tacamakes no representations, warranties or guarantees as to the actions orinactions of any user of the Team Taca Servicesor Platform.
FAILURE TO COMPLY AND TERMINATION/SUSPENSION OF USE
26. Failure by a User to comply with these Terms may result in Team Taca takingall or any of the following actions:26.1. immediate, temporary or permanentwithdrawal of the User’s right to use the Team Taca Services and Platform;
26.2. take legal proceedings against theUser for reimbursement of all costs on a full indemnity basis (including, butnot limited to, reasonable administrative and legal costs) resulting from thebreach;
26.3. other legal action against the User;or
26.4. disclosure of such information tolaw enforcement or regulatory authorities as Team Taca reasonably feel isnecessary.
27. Team Taca expresslyreserves the right to deny, cancel, terminate, suspend, lock, or modify accessto the Team Taca Services or Platform for any reason (as determined by TeamTaca in its sole and absolute discretion), includingbut not limited to the following: (i) to protect the integrity and stability ofthe Team Taca Services or Platform, (ii) to assist with fraud and abusedetection and prevention efforts, (iii) to comply with court orders, (iv) tocomply with any laws, rules and regulations, (v) to comply with requests of lawenforcement (vi) to comply with any dispute resolution process, (vii) to defendany legal action or threatened legal action without consideration for whethersuch legal action or threatened legal action is eventually determined to bewith or without merit, (viii) to avoid any civil or criminal liability on thepart of Team Taca, its officers, directors, employees and agents, as well asany affiliates of Team Taca, including, but not limited to, instances where theUser has issued legal proceedings or threatened to issued legal proceedingsinvolving Team Taca, or (ix) to respond to an excessive amount of complaintsrelated in any way to the User’s use of the Team Taca Services or Platform.
28. Team Taca exclude liability foractions taken in response to breaches of these Terms and restrictions ofuse. The responses described in theseTerms are not limited, and Team Taca may take any other action Team Taca reasonablydeem appropriate.
29. These Terms will continue to apply to the User until terminated byeither the User or Team Taca. Team Taca may terminate these Terms and/or terminateor suspend a User’s access to the Team Taca Services and Platform at any timeif Team Taca is of the view, in its sole discretion, that the User has breachedany of these Terms or if required to comply with any applicable law orregulation.
WARRANTIES AND LIABILITY
30. The User’s use of the Team TacaServices is at its sole risk. The Team Taca Services are provided on an “as is”and “as available” basis. Team Taca and its licensors expressly disclaim allwarranties of any kind, whether express or implied, including, but not limitedto the implied warranties of merchantability, fitness for a particular purposeand non-infringement.
31. Team Taca shall attempt to providethe Platform for twenty-four (24) hours a day, seven (7) days a week. The User agreesthat from time to time, the Platform may be inaccessible or inoperable for anyreason, including, without limitation: (i) equipment malfunctions; (ii)periodic maintenance procedures or repairs which Team Taca may undertake fromtime to time; or (iii) causes beyond the control of Team Taca or which are notreasonably foreseeable by Team Taca, including, without limitation,interruption or failure of telecommunication or digital transmission links,hostile network attacks network congestion or other failures. The User acceptsthat Team Taca has no control over the availability of the Platform on acontinuous or uninterrupted basis.
32. Team Taca andits licensors make no warranty that (i) the Team Taca Services will meet the User’srequirements, (ii) the Team Taca Services will be uninterrupted, timely,secure, or error-free, (iii) the results that may be obtained from the use ofthe Team Taca Services will be accurate or reliable, (iv) the quality of anyinformation or other material obtained by the User through the Team Taca Serviceswill meet the User’s expectations, or (v) that any errors in any softwareassociated with the Team Taca Services will be corrected.
33. Team Taca makes norepresentation regarding, nor does it warrant or assume any responsibility for,any third-party applications (or the content thereof), user content, devices orany product or service advertised, promoted or offered by a third party on orthrough the Platform and/or Team Taca Services or any hyperlinked website, and TeamTaca is not responsible for any transactions between a User and any such third-partyproviders.
34. The User agrees that Team Taca has no obligation or liability arisingfrom or related to third-party applications or the content thereof madeavailable through or in connection with the Platform and/or Team TacaServices.
35. The User agree to indemnify and hold Team Tacaharmless from and against any reasonably foreseeable direct losses, damages,and reasonable expenses (including reasonable attorney fees and costs) sufferedor incurred by team Taca arising out of or related to the User’s breach of anyof these Terms, any activity in which the User engages on or through the Platformand/or Team Taca Services and theUser’s violation of any law or regulations or the rights of a third party.
36. Under no circumstances and underno legal basis (including, without limitation, tort, (including negligence)contract, breach of statutory duty, strict liability, or otherwise) shall TeamTaca (or its licensors or suppliers) be liable to the User or to any otherperson for (a) any damages (even if foreseeable) resulting from the User’s selection,or use of, or inability to use, or the suitability of the Team Taca Servicesand Platform, and any use by the User, or reliance by the User on, of theinformation, content, items and experiences provided via the Team Taca Servicesand Platform, including any indirect, special, incidental, exemplary, punitive,or consequential damages of any kind, including damages for loss of profits,sales, business, or revenue, loss of goodwill business opportunity, goodwill orreputation or anticipated savings, work stoppage, accuracy of results, orcomputer failure or malfunction.
37. Should Team Taca cease or suspend providing all or any part of the TeamTaca Services to a User, the User agrees that Team Taca shall have no liabilityor responsibility to the User.
38. The User agrees that its sole and exclusive remedy for anyproblems or dissatisfaction with the Team Taca Services and/or Platform is touninstall any Team Taca software and to stop using the Team Taca Services andPlatform.
39. Team Taca may, in its solediscretion amend these Terms (in whole or in part) at any time. Amendments willbe effective immediately upon posting on the Platform or Team Taca website. The User’s continued use of the Team TacaServices and Platform represents itsagreement to be bound by these Terms as amended from timeto time. The User is responsible for ensuring that it is familiar with thelatest Terms at all times.
40. The User warrants that ithas full power and authority to agree tothese Terms and receive the Team Taca Services.
41. Novariation of these Terms shall be effectiveunless it is in writing and signed by Team Taca (or their authorisedrepresentatives). A waiver of any rightunder these Terms is only effective if it is in writing and it applies only tothe party to whom the waiver is addressed and the circumstances for which it isgiven.
42. If any provision or part-provision of these Terms is or becomes invalid,illegal or unenforceable, it shall be deemed modified to the minimum extentnecessary to make it valid, legal and enforceable. If such modification is notpossible, the relevant provision or part-provision shall be deemed deleted. Anymodification to or deletion of a provision or part-provision under this clauseshall not affect the validity and enforceability of the rest of these Terms.
43. Team Taca may assign any or all of these Terms, and may assign ordelegate, in whole or in part, any of its rights or obligations under theseTerms. The User may not assign, transfer or otherwisedispose of or purport to do any of the foregoing in respect of all or any of itsrights or obligations under these Terms to any person or permit the assumptionof its obligations under these Terms.
44. Other than as stated in these Terms or as explicitly agreed upon inwriting between Team Taca and the User, these Terms constitute all the termsand conditions agreed upon between the User and Team Taca and supersede anyprior agreements in relation to the subject matter of these Terms, whetherwritten or oral. As noted above, other terms and conditions governing use of theTeam Taca Services are incorporated herein by reference.