About these terms
These are our terms of service which govern our relationship with you and the basis on which you may use the Flair app and/ or website (our “Service”). The ‘If You Are an Academy Section’ only applies if you are a professional football club or football academy (“Academy”)”
By using our Service, you confirm that you accept these terms and that you agree to comply with them. If you do not agree, you must not use our Service.
We may change these terms from time to time and we will notify you of any significant changes.
Who we are
We are Flair Global Ltd, a company registered in England and Wales with company number 10646795. Our registered office is at 129 Mount Grace Road, Potters Bar, England, EN6 1QY. You can contact us by email at [email protected] or by telephone on 07745786710.
Rules of Play, Parents/Guardians and Safeguarding
Other terms that may apply
All of these documents are a part of these terms. If you do not comply with these documents, you will be breaching these terms, meaning we may be able to claim compensation from you and/or we may have the right to suspend or remove your access to the Service.
Please note, the ways in which you use our Service may also be controlled by the rules and policies of the platform from which you download our app.
About our Service and our role
Our Service is a social media platform that allows those involved in ‘grassroots’ football to create personal profiles that can be seen by other users and also to upload and share content with such users.
Our Service can be used by those of any age. However, if you under the age of 13, you will need the permission of your parent or legal guardian to do so. Parents and legal guardians can also use the Service on behalf of their children. Each time you use our Service, you represent and warrant to us that you are aged 13 years or over, or that you have permission from your parent or legal guardian to use the Service autonomously, or that you are a parent or legal guardian using the Service on your child’s behalf. If that representation is, or becomes, untrue, we will be entitled to terminate your account immediately.
When dealing with another user of our Service, whether as a player, parent, influencer or Academy, you must exercise at least the level of caution and care that a reasonable person in your position would exercise when dealing with strangers, especially if you are arranging to meet face to face.
We own or are licensed to use the intellectual property rights in our Service, including our branding and the underlying technologies. We grant to you a non-exclusive, revocable, royalty-free, non-sublicensable licence to use our Service in accordance with these terms for as long as your account remains active. If you are an Academy, you may also, if you wish, include in your own promotional material approved versions of our logo which we may make available to you from time to time for that purpose, so long as you do not alter it or use it in a way which damages our brand or reputation. You may not make any use of or exploit in any way any of our intellectual property rights except to the extent permitted by this clause.
If you are an Academy
You grant us a non-exclusive, non-transferable licence to use the Academy trade mark, logo or other material provided by you or on your behalf, unaltered and to the extent necessary to fulfil our obligations under these terms of service and to publicly promote the Service.
We may suspend or withdraw our Service
Our Service is made available free of charge.
We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You must keep your account details safe
When you create an account with us, we ask you to choose a password to protect your account. You must keep that password safe, and you must not share it with anyone else. If you think someone else might know your password, you must change it straight away. You are solely responsible for all actions taken on our Service using your account.
We have the right to disable your password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
If you know or suspect that anyone other than you knows your password you must promptly notify us at [email protected].
Do not rely on information on this Service
The content on our Service is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Service.
We make no representations, warranties or guarantees, whether express or implied, that the content on our Service is accurate, complete or up to date.
Whilst we try to moderate the content that is posted on Flair, we are unable to ensure that every post meets our standards. Therefore, you should not treat the the information and materials uploaded by other users of the Service as having been verified or otherwise approved by us. The views expressed by other users on our Service do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on [email protected].
We are not responsible for services we link to
Where our Service contains links to other services and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked services or the information that you may obtain from them. We have no control over the contents of such services or resources.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our Service or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Service; or
- use of or reliance on any content displayed on our Service.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our Service for domestic and private use. You agree not to use our Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Service will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Service. You should use your own virus protection software.
You must not misuse our Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Service, the server on which our Service is stored or any server, computer or database connected to our Service. You must not attack our Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.
Uploading content to our service
Whether you use our Service as a player, parent, influencer or Academy, we also ask you to provide us with certain information about you. That information must be true, complete and current, and you must ensure that you keep it up to date. You may not create an account with us using an assumed name or someone else’s identity.
If you leave feedback about other users, that feedback must, where it contains opinions, be a fair assessment based on your own experience of dealing with that user. Where it contains statements of fact, those facts must be true. We reserve the right to remove feedback in our sole discretion.
You must not use our Service for any unlawful purpose. We reserve the right to monitor your use of the Service to ensure it is used lawfully.
Our Service allows you to upload various materials, including text, photos and videos which other users will see. Whenever any material is uploaded using your account, you must ensure that you have all the necessary rights to use that material and to share it with us and with other users of our Service. Whenever you make use of a feature that allows you to upload content to our Service, or to make contact with other users of our Service, you must comply with the following standards:
A contribution to the Service must not:
- Be defamatory of any person.
- Be 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.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- 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.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any contribution uploaded by you to our site.
- Issue of 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 we reasonably feel is necessary or as required by law.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Service will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Service a limited licence to use, modify and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Service constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Service if, in our opinion, your post does not comply with the content standards set out above.
You are solely responsible for securing and backing up your content.
Which country’s laws apply to any disputes?