Terms of Use

Welcome to Athlete Futures Abroad.

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use our website at https://athletefuturesabroad.com/ (“Our Site”) and under which Student Users may use Our Services.

Please read these Terms of Use carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately and you will not be permitted to use Our Services.

These Terms of Use apply in conjunction with Our Privacy Policy available here: https://www.athletefuturesabroad.com/ and where applicable, in conjunction with Our Terms of Service applicable to University Users who subscribe to Our paid Services, available here: https://www.athletefuturesabroad.com

1: Definitions and Interpretation

1. 1. 1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

2: Information About Us

Our Site is owned and operated by Athlete Futures Abroad Limited, a limited company registered in England with registration number 14892207 whose registered address is at 3 Rushton Yard, Market Street, Ashby-De-La-Zouch, England, LE65 1AL

3: Access to Our Site

1. 1. 1. Access to Our Site is free of charge. Access to Our Services is free to Student Users (requiring only the creation of an Account as set out under Clause 4). Access to certain parts of Our Site and Our Services are available for an annual subscription fee to University Users (requiring also the creation of an Account as set out under Clause 4) and such provision of these paid Services to University Users is governed by Our separate Terms of Service, available here: [                     ]
      2. It is your responsibility to make any and all arrangements necessary in order to access Our Site and/or the Services.
      3. Access to Our Site and the Services is provided “as is” and on an “as available” basis.  We may alter, update, suspend or discontinue Our Site (or any part of it) and/or the Services, and add or remove features or functions to Our Site and/or the Services, at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) or the Services are unavailable at any time and for any period. You understand and agree that we have no obligation to make Our Site, or the Services available to you.  You acknowledge that your access to Our Site and/or the Services may not be continuous, features may change during your use, and we may terminate your access or stop offering any or all of Our Site and/or the Services at any time.
      4. The mobile phone device and/or technology you use to access Our Site may be required to meet minimum specifications provided by us.
      5. You are solely responsible for any devices, all data, SMS, mobile carrier, internet and telecommunications fees and charges incurred in connection with your use of Our Site and/or the Services.

4: Accounts

1. Certain parts of Our Site and the ability to use Our Services (including the ability for University Users to purchase and use Our Services) will require an Account in order to access them.
2. You may not create an Account if you are under 18 years of age.  If you are Student User under the age of 18 and wish to use the features on Our Site that require an Account, your parent or guardian must create the Account for you and you may only use the Account with their supervision.
3. You must be legally permitted to use Our Services in your country of domicile.
4. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that you update your profile as necessary.
5. Upon creating an Account and if you request a change to Your information according to clause 4.4, You will be required to verify your Account and identity via your email address.
6. We reserve the right to require photographic ID and a self-taken photograph from you in order to establish your identity when opening your Account.
7. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately via email at hello@athletefuturesabroad.com.  We will not be liable for any unauthorised use of your Account.
8. Student Users and University Users may interact via the respective Users’ profiles.
9. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
10. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.
11. If you are a Student User, once your Account has been opened, you will be asked to provide certain information for use on your individual profile. We reserve the right not to upload any information which we consider, entirely at our discretion, to be inappropriate, vulgar or offensive. Only the person to whom the Account belongs may update their profile. By providing your contact details, you acknowledge and accept that you are giving consent to being included in the members directory which will be made available to University Users.
12. If you are a University User, once your Account has been opened, you will be asked to provide certain information for use on your profile page. We reserve the right not to upload any information which we consider, entirely at our discretion, to be inappropriate, vulgar or offensive. Only the authorised Users of the university or educational institution to whom the Account belongs may update the University User’s profile.
13. If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.

5: Intellectual Property Rights

Your Content

1. 1. 1. 1. 1. You may not display any personal contact information on your individual profile page whether in relation to you or in relation to any other person (including full names, telephone or mobile numbers, home or business addresses or postcodes, email addresses, URLs, credit/debit card, or other banking details). If you do choose to reveal any such personal information about yourself to other Users in any way, you acknowledge and accept that this shall be entirely at your own risk.
            2. You agree that Your Content may be viewed by other Users. By uploading Your Content on Our Site, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a non-exclusive, royalty-free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to other Users such Content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign and/or sub-license the above license to our successors without any further approval by you.
            3. You are entirely responsible and liable for Your Content and as set out under clause 12, you will indemnify, defend, release, and hold Us harmless from any claims made in connection with Your Content.
            4. We reserve all rights to edit, limit, remove or block access to any of Your Content at any time, and we are under no obligation to accept, display or review Your Content.

User Content

1. 1. 1. 1. 1. Other Users will also share User Content via Our Site. User Content belongs to the User who uploaded it and is stored on our servers and displayed on Our Site.
            2. Other than as set out in these Terms of Use, you do not have any rights in relation to other User Content. You may not use other User Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account entirely at our discretion if you misuse other Users’ Content in any way.

Our Content

1. 1. 1. 1. 1. All of Our Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
            2. We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense. Subject to sub-Clause 5.4 you may not reproduce, copy, modify, distribute, sell, rent, sub-licence, store, create derivative works from Our Content or commercially exploit Our Content, in whole or in part, or in any other manner re-use Content from Our Site in any way. We reserve the right to terminate your Account entirely at our discretion if you misuse Our Content in any way.

General provisions

You may:

1. Use any Content for lawful purposes only.
2. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
3. Download Our Site (or any part of it) for caching;
4. Download extracts from pages on Our Site; and
5. Save pages from Our Site for later and/or offline viewing.

You may not:

1. Print any of page from our Site.
2. Use our name in metatags, keywords, and/or hidden text;
3. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
4. It is strictly forbidden to use any Content saved or downloaded from Our Site for commercial purposes.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers:
5. Content Standards

When communicating via Our Site, uploading User Content, or otherwise interacting with Our Site, you must not submit, communicate, or otherwise do anything that:

1. is sexually explicit;
2. in any way sexualises minors (including, but not limited to, child sexual abuse material);
3. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
4. promotes violence;
5. promotes, encourages, incites, or supports acts of terrorism;
6. promotes or assists in any form of unlawful activity;
7. is defamatory of another person;
8. bullies, insults, intimidates, or humiliates another person;
9. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
10. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
11. is calculated or otherwise likely to deceive;
12. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
13. implies any form of affiliation with Us or any other party where there is none;
14. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Us or any other party;
15. is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence.

When communicating via Our Site, uploading User Content, or otherwise interacting with Our Site, you must ensure that your communication or submission:

1. is truthful and accurate (where you are stating facts);
2. states only genuinely held opinions; and
3. complies fully with any and all local, national, or international laws and regulations that apply

6: Links to Our Site

1. You may link to Our Site provided that:
2. You do so in a fair and legal manner;
3. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
4. You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
5. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
6. You may not link to any page other than the homepage of Our Site. Deep-linking to other pages requires Our express written permission.
7. You may not link to Our Site from any other site the main content of which contains material that:
   7.1 is sexually explicit;
   7.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
   7.3 promotes violence;
   7.4 promotes or assists in any form of unlawful activity;
   7.5 .discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
   7.6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
   7.7 is calculated or is otherwise likely to deceive another person;
   7.8 .is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
   7.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.3);
   7.10 implies any form of affiliation with Us where none exists;
   7.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
   7.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
   
   7: Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third-party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of Our Sites themselves or of those in control of them.

8: Disclaimers

1. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site and/or Our Services will meet your requirements or expectations, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.  If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
2. We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that Our Content, Your Content or any User Content is complete, accurate, or up-to-date.
   
   9: Our Liability

1. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the Services, or the use of or reliance upon any Content included on Our Site.
2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
3. We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
4. We exercise all reasonable skill and care to ensure that Our Site are free from viruses and other malware.  However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from  it) or any other site referred to on Our Site.
5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
6. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.10: Viruses, Malware and Security

1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful via Our Site.
4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site
5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
6. By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

   11: Acceptable Usage Policy
   

   1.You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:

   6.1.1.you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

   6.1.2.you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

   6.1.3.you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

   6.1.4.you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

   6.2.We reserve the right to suspend or terminate your access to Our Site and/or the Services if you breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:

   6.2.1.suspend, whether temporarily or permanently, and/or your right to access Our Site and Our Services;

   6.2.2.issue you with a written warning;

   6.2.3.take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

   6.2.4.take further legal action against you as appropriate;

   6.2.5.disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

   6.2.6.any other actions which We deem reasonably appropriate (and lawful).

   6.3.We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

1. 12: Indemnity

1. 1. 7.1.1.any negligent acts, omissions, or wilful misconduct by you;
   2. 7.1.2.your access to and use of Our Site and/or Our Services;
   3. 7.1.3.the uploading or submission of Your Content to Our Site;
   4. 7.1.4.any breach of these Terms of Use by you; and/or
   5. 7.1.5.your violation of any law or of any rights of any third party.
1. 7.1.You agree to and you hereby indemnify, defend, release, and hold Us, and Our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents, harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by Us arising as a result of, or in connection with:
2. 7.2.We retain the exclusive right to settle, compromise, and pay any and all claims or causes of action which are brought against Us without your prior consent. If we ask, you will co-operate fully and reasonably as required by Us in the defense of any relevant claim. You will not settle any such claims without Our prior written consent, in each instance.13: Privacy and Cookies

Use of Our Site is also governed by Our Privacy Policy, available from https://www.athletefuturesabroad.com/privacy-policy. These policies are incorporated into these Terms of Use by this reference. Please note that We do not always encrypt your messages, and we reserve the right to monitor those messages and other content for compliance with these Terms of Use (for example, where your conduct or the content of your messages is reported for breaching our Terms of Use).

14: Changes to these Terms of Use

1. 9.1.We may alter these Terms of Use at any time.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
2. 9.2.In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.15: Communications from Us

1. 10.1.If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, updates to Our Site which you are required to make and/or changes to your Account.
2. 10.2.We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from us at any time, it may take up to 10 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.
3. 10.3.For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at hello@athletefuturesabroad.com

    

   16: Data Protection
   We will only use your personal information as set out in Our Privacy Policy, available from https://www.athletefuturesabroad.com/privacy-policy

17: Law and Jurisdiction

1. 12.1.These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
2. 12.2.If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
3. 12.3.If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
4. 12.4.If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.