Legal
For our users in the United Kingdom, PREMATCH is managed by our team in the United Kingdom. The following terms of use of PREMATCH Sports Ltd apply. The following are the General Terms and Conditions (App & Website) ("Terms of Use").
🇩🇪 Disclaimer: Wenn du PREMATCH für den Amateurfußball in Deutschland nutzt, findest du hier die entsprechenden AGBs.
General Terms and conditions
Last updated: 29.08.2024
For convenience, Prematch has summarised here some of the most important provisions of these Terms of Use. However, Prematch strongly recommends that you read these Terms of Use carefully in full before you begin using the App so that you understand how the relationship between you and Prematch will work.
1.1 These Terms of Use apply to the use of the "Prematch" app ("App" or "Prematch App"), and are between each registered user and PREMATCH Sports Ltd., John Street 10, London, United Kingdom ("Prematch"). Via the Prematch App, users have access to a platform which includes user-generated content with data and statistics from amateur football.
1.2 These Terms of Use apply in addition to Apple App Store or Google Play (or similar) terms and conditions.
2.1 Most parts of the Prematch App can be used without registration. Registration is required to use some additional functions. A contract of use between the user and Prematch is only concluded once the registration process has been completed correctly, including acceptance of these Terms of Use. Users must ensure that all information they provide is accurate, current and truthful. Prematch reserves the right to check such information before confirming the user’s registration. Such confirmation will include an activation link, which, once accesed by the user, will activiate the user’s account and bind the user to these Terms of Use.
2.2 The user is responsible for ensuring any access code or password is kept confidential, protected from access by unauthorised third parties and not passed on to third parties. Users agree to promptly notify Prematch of any actual or suspected unauthorised use of such credentials or any other breach of security.
3.1 Prematch generally makes the App available to users free of charge. The object of the App is to provide data and statistics from the field of amateur football based on user-generated content and data from users.
3.2 Users are responsible for ensuring that their device is compatible with the system requirements for the Prematch App described in the respective app store.
3.3 The content on the Prematch App is provided by the users. Therefore, Prematch does not guarantee that such user-generated content is accurate, complete or suitable. Prematch does not review user-generated content prior to it being uploaded by users.
3.4 Prematch calculates a fictitious market value for all adult players (unless they have expressly objected to this). Market values are determined on the basis of various publicly available parameters (if known), as follows:
Prematch makes no claim that the market values provided are accurate or genuine and accepts no liability for them.
3.5 Users can claim their own player profiles and amend certain information, such as their position, shirt number and team affiliation. This, as well as misuse by third parties, can lead to errors in such information. Each user can correct errors in their own information (within the scope of their access rights) or inform Prematch of the inaccuracy and Prematch will make the relevant update. If the data is demonstrably incorrect, Prematch will correct the data.
3.6 Prematch reserves the right to log the use of the Prematch App in order to check compliance with the provisions of these Terms of Use and to rectify any errors.
4.1 Introduction
This section sets out details and rules about the optional purchase and use of Prematch PRO Club, a paid subscription that offers exclusive features and benefits for an optimised user experience on the Prematch App.
4.2 Options
On the product page in the App, users can choose between several subscription options, each with different prices depending on the period of commitment (e.g. monthly, quarterly or annually). The details and specific benefits and features of each of these subscriptions are clearly explained on the product page in the App.
4.3 Free test phase
Prematch may offer users a free trial period for their subscription. The free trial period for a subscription lasts as long as specified during the Prematch booking process. Free trial periods may not be combined with certain other offers, and (if applicable) this will be clearly specified in the details of the relevant offer. If users start their subscription with a free trial period, they will be charged for the first time at the beginning of the paid subscription period following expiry of the free trial period, unless the subscription is cancelled before the end of the free trial period. Within a reasonable period of time before Prematch takes the first payment from any user, it will send an email to such user reminding them that their free trial is coming to an end.
4.4 Payment and subscription term
Payment for the subscription is due at the beginning of each subscription period (e.g. monthly, quarterly or annually). When signing up to a subscription via the Prematch iOS or Android apps, payment is made via the Apple or Google in-app purchase process. Users can select the duration of the subscription during the ordering process. If the subscription is not properly cancelled (see Section 4.5, below) at the end of the respective subscription period, the subscription will be automatically extended by a further period corresponding to the initial period. Within a reasonable period of time before Prematch takes a payment from any user, it will send an email to such user reminding them that their subscription is due to be automatically renewed.
4.5 Terms of cancellation
A paid subscription taken out via the iOS or Android Prematch Apps can be cancelled in the AppStore or Google Play settings to avoid automatic renewal. After cancellation, access to the subscription benefits will be retained until the end of the current billing period. Users can also cancel their subscriptions at any time using the cancellation button provided in the app. After clicking the cancellation button, users are redirected to a confirmation page where the cancellation can be carried out. In addition, users have the right to cancel any automatic renewal of their subscription in certain circumstances. The right to cancel expires 14 days from the start of each renewal period. However, if a user requests that Prematch provides the features and benefits of the Prematch PRO Club during the cancellation period and acknowledges that this means they will lose their cancellation right, the right to cancel will not apply. If a user chooses to cancel during the cancellation period and Prematch has begun providing the subscription features to the user at the point the user tells Prematch that they want to cancel the contract, the user will still need to pay for the relevant subscription period. To exercise the right of cancellation, users should contact Prematch using the details set out in Section 14. Users can also use the standard cancellation form available here.
4.6 Consequences of cancellation
At the end of the current billing period, all content and functions of the Prematch PRO Club will be deactivated. However, users can continue to use the free functions of the Prematch App.
4.7 Changes to the subscription costs
Users will be notified in advance of any changes to the costs of existing subscriptions. These changes will take effect in the next billing period after notification. If you do not agree with the price change, you have the option of cancelling the subscription before the change takes effect.
5.1 The user confirms and promises that all information provided to Prematch during registration is complete and truthful. The user agrees to notify Prematch promptly of any changes to such information.
5.2 The user acknowledges that, as the owner of an account, he/she is fully responsible for all activities carried out through it by him/her or unauthorised third parties, unless such unauthorised use is due to Prematch’s negligence.
5.3 Users are obliged to comply with the Terms of Use, in particular the Netiquette (Section 6 of these Terms of Use) at all times when using the App.
5.4 It is possible to upload images and other content to the App ("User-Generated Content"). Users confirm to Prematch that they have all the necessary rights (for example, intellectual property rights) in the User-Generated Content that they upload to the App, and that the use of such User-Generated Content will not infringe any third party’s rights. For example, if you upload an image to the App, you must ensure that you either own the image (i.e. because you took the photo or made the image) or that you have permission from the owner of the image to upload it onto the App. When users upload User-Generated Content to the App, they grant Prematch a non-exclusive, irrevocable, worldwide, perpetual (this means forever, or, if applicable, for the duration of any copyright or other rights in that User-Generated Content), transferable, sub-licensable, royalty-free and fully paid right to reproduce, distribute, display, prepare derivative works of, incorporate into other works, and otherwise use the User Generated Content, in whole or in part, in any media currently known or that may be developed in the future. The right to use the User Generated Content also extends to the publication of the posted content on other portals and appearances of Prematch (e.g. on the official social media accounts). To the extent applicable/permissable , users also waive their moral (non-economic) rights in the User-Generated Content and agree that they will not exploit or assert such rights in any form, including their right to be recognised as the author. User-Generated Content remains on the App when the user that uploaded such content deletes their account, however, such User-Generated Content will not be attributed to the user that uploaded it.
5.5 Users promise to check their content, posts and topics before publishing them to see whether they contain information that such user does not wish to publish. User-Generated Content, including contributions and topics, may be recorded in search engines and therefore accessible worldwide.
5.6 Users are fully responsible for their User-Generated Content and assume all risks associated with the use of their User-Generated Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of such User-Generated Content that makes users or any third party personally identifiable. Users may not state or imply that their User-Generated Content is in any way provided, sponsored or endorsed by Prematch. If the user becomes aware that unauthorised use of the account or any other violation of these Terms of Use has occurred or is suspected, they shall notify Prematch immediately.
A friendly and respectful atmosphere should prevail on the Prematch App. The Prematch App must not be misused. The following actions are not permitted:
7.1 If Prematch reasonably believes that a user has committed a breach of these Terms of Use, Prematch may take the following measures:
7.2 Prematch will inform affected users about any measures it takes in respect of this Section.
7.3 Users may report illegal, unlawful, untrue, misleading, defamatory, libelous, harmful, infringing, irrelevant or indecent User-Generated Content using the Prematch reporting system provided for this purpose. In this case, the reporting system is mapped via the following email address, to which users can submit their complaints: info@prematchapp.de. Prematch will review reported User-Generated Content promptly and will act reasonably. Prematch may remove any User-Generated Content without prior notice if it reasonably believes that such user content is untrue, misleading, illegal, unlawful, defamatory, libelous, harmful, infringing, irrelevant or indecent. Where required under applicable law, Prematch will inform the relevant user about any removal of their content and such user will have the opportunity to comment on the removal and object it. However any removal for the above reasons is at Prematch‘s sole discretion.
8.1 The Prematch App contains content protected by intellectual property rights, including copyright and/or trademark law (for example, Prematch’s logo). By agreeing to the Terms of Use, Prematch grants users a revocable, non-transferable and non-sublicensable right to use the App in accordance with these Terms of Use, limited in time to the duration of the user relationship with Prematch. No further rights to the App are granted to users. Users are only permitted to use the Prematch App or its content for commercial purposes if Prematch has expressly consented to such use.
8.2 Users must not infringe the copyright, trademark, patent, moral, database or other intellectual property rights that belong to Prematch (e.g. rights in the App and Prematch’s logo) This includes any attempt to decompile, reverse engineer, disassemble or otherwise attempt to convert the Prematch App or parts thereof into source code.
9.1 Users are liable for ensuring that they comply with these Terms of Use at all times, which, in particular, includes ensuring that users (i) use the App in compliance with applicable laws and regulations, and (ii) protect their username and password from unauthorised use.
10.1 Nothing in these Terms of Use limits Prematch‘s liability for personal injury or death caused by Prematch‘s negligence, for fraud or any matter that cannot be limited or excluded by law.
10.2 Subject to the paragraph above, Prematch will not be liable to users or to any third party for any loss or damage resulting from the unauthorised use of a user‘s account, unless such use is due to Prematch‘s negligence. Prematch will also not be liable for any loss or damage arising from a user‘s failure to comply with these Terms of Use.
10.3 Prematch will not be liable to users for any loss or damage arising from a user‘s inability (or any third party’s inability) to use the App where this has been caused by circumstances that are beyond Prematch‘s reasonable control.
10.4 Prematch will take reasonable steps to ensure that the App is available to users at all times and that transmissions are error-free. However, due to the nature of the internet, this cannot be guaranteed. In addition, users‘ access to the App may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Prematch will attempt to limit the frequency and duration of any such suspension or restriction.
Please see Prematch‘s privacy policy under https://www.prematchapp.de/data-privacy-en, which describes Prematch‘s privacy practices as well as choices users may have with respect to the collection and processing of some of their information.
12.1 These Terms of Use continue in effect until they are validly terminated. Users may terminate (i.e. close or end) their user account or these Terms of Use at any time without giving reasons. To do this, users can delete their account in the settings section of the App. Users should note that data cannot be restored once the account has been deleted. User-Generated Content remains on the App when the user that uploaded such content deletes their account, however, such User-Generated Content will not be attributed to the user that uploaded it.
12.2 Prematch may terminate these Terms of Use if it stops providing the App, in which case users will be given 30 days‘ notice.
12.3 Users acknowledge that the above paragraph does not affect Prematch‘s right to take the measures outlined in Section 7.1 where a user has breached these Terms of Use. Users acknowledge that, where Prematch takes action against a user pursuant to Section 7.1, Prematch may inform the responsible association to which the user belongs of the action it has taken and the reasons for such action.
12.4 Prematch reserves the right to delete inactive user profiles (including the associated data) after one year of user inactivity, and only where Prematch has given prior notice to the user concerned, with such notice giving the user concerned a reasonable period of time to become active on the App again.
13.1 Prematch may make changes to these Terms of Use at any time without giving users advance notice where the change is: (i) to reflect changes in the law or regulatory requirements (for example, where consumer law requirements change or there are new rules introduced concerning online safety), (ii) to make minor technical adjustments and improvements, or (iii) to address a security threat, in each case where such changes do not affect users‘ use of the App. Prematch may also make more significant changes to these Terms of Use. In this case, Prematch will notify users as far as reasonably practicable in advance. If a user does not agree to such change, they can contact Prematch to end their contract before the change takes effect (see Section 12). Otherwise, the amendment will be deemed accepted when the change takes effect.
14.1 If you have any questions about these Terms of Use or any other aspect of the App, you may contact us at info@prematchapp.de.
15.1 Prematch may transfer its rights and obligations under these Terms of Use so that a different organisation is responsible for supplying the services of the App. If this happens, Prematch will inform users as soon as reasonably practicable in a reasonable manner (e.g. by e-mail or push message). Prematch will ensure that any such transfer does not affect users‘ rights under these Terms of Use.
15.2 These Terms of Use are governed by and construed in accordance with the laws of England. Users agree that any dispute in connection with these Terms of Use will be subject to the exclusive jurisdiction of the English courts. However, users that live in Scotland, Wales or Northern Ireland may bring legal proceedings in respect of these Terms of Use in either their country of residence or the English courts.
15.3 Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of this contractual agreement as a whole. If a court or other authority decides that some of the terms are unlawful, the rest will continue to apply.
15.4 If either Prematch or a user delays in enforcing these Terms of Use against the other party, Prematch or the user (as applicable) can still enforce them later. For example, Prematch might not immediately take action against a user for doing something they are not allowed to, but that does not mean Prematch cannot take such action later.
15.5 The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Also, any words after the words/expressions “including”, “e.g.” or “i.e.” in these Terms of Use are intended only to set out some examples and are not exhaustive.
