These terms and conditions are the contract between you and Muddy Boot Sports (“us”, “we”, etc). By visiting or using our website, you agree to be bound by them. They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
We are Muddy Boot Sports Ltd, a company registered in the United Kingdom, number 1118073. Our address is Glebe Meadows, Whittington, Oswestry, UK.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave our website immediately.
These are the agreed terms.
- “Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
- “Content” means the textual, visual or aural content that is encountered as part of your experience on our website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
- “Muddy Boot Sports Usage” means any service we provide, whether through our website or otherwise. It includes the advertising service we provide as set out on Our Website and in this contract.
- “Post” means display, exhibit, publish, distribute, transmit and/or disclose information, content and/or other material on our website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
- “Services” means all of the services available from our website, whether free or charged.
- “Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the Muddy Boot Sports group of companies. It includes all web pages controlled by us.
These terms and conditions regulate the business relationship between you and us. By buying Muddy Boot Sports advertising or using our website free of charge, you agree to be bound by them.
We do not offer the Services in all countries. We may refuse to provide the services if you live in a country we do not serve.
In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the services given on our website.
Subject to these terms and conditions, we agree to provide to you some or all of the services described on our website at the prices we charge from time to time.
Our contract with you and licence to you last for one year from the date of start. Any continuation by us or by you after the expiry of one year is a new contract under the terms then posted on our website. Your continued use of our services after that shall be deemed acceptance by you of the changed service, system and/or terms.
The contract between us comes into existence when you register, create a profile or we receive payment from you for a advertising.
If we give you free access to a service or feature on our website which is normally a charged feature, and that service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on our website at the time that the contract was made.
Your account and personal information
When you visit our website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
Muddy Boot Sports usage
Our basic service is free of charge. You may use it subject to your compliance with the terms of this agreement.
Details of the cost and benefits of advertising with Muddy Boot sports are as set out below and on our website. You may subscribe to Muddy Boot Sports services at any time.
- Adverts will be standard advert format,
- 30, 60, 90, or 120 days duration
- Job advertisement with company logo
- Appears as a featured job on the current vacancies home page
- Posted to social media channels
The functionality of the Muddy Boot Sports website allows you to include both text and your logo when uploading an advert. You must follow the instructions provided whenever you upload an advert and all information and graphics that you provide must be in the specified format.
Each advert should include an appropriate hyperlink so that Muddy Boot Sports members can contact you directly. We will not pass on active member queries which are sent directly to us.
Once you have uploaded your advert it will be held for approval my Muddy Boot Sports, you will be invoiced for the appropriate advertising fee, once payment is received, the advert will go live. Each advert will remain on the Muddy Boot Sports website for the availability period. We have the right to remove all adverts at the end of the availability period whether or not the vacancy has been filled. It is an Employer / Club’s responsibility to re-post an advert if the vacancy has not been filled.
We reserve the right to remove any advert whose content (in our reasonable opinion) is in breach of these terms and conditions, no refund will be provided in this scenario.
You shall be entitled to remove an advert from the website at any time by emailing firstname.lastname@example.org and requesting the advert be removed.
You acknowledge and agree that deactivating an advert prior to the end of its availability period shall not entitle you to any refund.
The terms that apply to you are those posted here on our website on the day you join as a member.
The price payable for services that you order is clearly set out on our website.
The price charged for any service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
Prices are inclusive of any applicable value added tax or other sales tax.
Bank charges by the receiving bank on payments to us will be borne by us. All invoices will be converted to/ and payable the currency of the country of the clients location home currency.
You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
All payments to Muddy Boot Sports will be paid within 14 days of the invoice date
Invoices will be issued electronically within 14 days of the player arriving at the club
Payments made within 14 days of the invoice date do not pay the 10% surcharge
Failure to pay the administration fees set out above and in the agreement with Muddy Boot Sports, may result in a cancellation of contract, engagement of a debt recovery specialist to recover outstanding debts and any further incurred costs, suspension of your Muddy Boot Sports account.
If a player is in breach of contract with a Club, Muddy Boot Sports will support the Club to recover outstanding monies via the sports regulatory body. Muddy Boot Sports reserves the right to recover any additional fees incurred as a result of a players actions, players accept liability for these costs.
Second year renewal fee of 50% applies in all instances where a player re signs for a second
Restrictions on what you may post to our website
We may, at our discretion, read, assess, review or moderate any content posted on our website. If we do, we need not to notify you or give you a reason.
You agree that you will not use or allow anyone else to use our website to post a content which is or may:
- be malicious or defamatory;
- consist in commercial audio, video or music files;
- be obscene, offensive, threatening or violent;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- solicit passwords or personal information from anyone;
- be used to sell any goods or services or for any other commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- link to any of the material specified above, in this paragraph.
- Post excessive or repeated off-topic messages to any forum or group;
- sending age-inappropriate communications or content to anyone under the age of 18
Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a posting which does not comply with these terms.
In addition to the restrictions set out above, a posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the content posted.
- the name, logo or trademark of any organisation other than that of you or your client.
- inaccurate, false, or misleading information.
How we handle your content
If you post content to any public area of our website it becomes available in the public domains. We have no control over who sees it or what anyone does with it.
Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it.
You should therefore avoid posting unnecessary confidential information.
Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any content having been posted by you.
You accept all risk and responsibility for determining whether any content is in the public domain and not confidential.
Please notify us of any security breach or unauthorised use of your account.
Removal of offensive content
For the avoidance of doubt, this paragraph is addressed to any person who comes on our website for any purpose.
We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
If you are offended by any content, the following procedure applies:
- your claim or complaint must be submitted to us in the form available on our website, or contain the same information as that requested in our form. It must be sent to us by post or email;
- we shall remove the offending content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may re-instate the content about which you have complained or not.
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Security of our website
If you violate our website, we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of our website, or any software used within it.
- link to our website in any way that would cause the appearance or presentation of our website to be different from what would be seen by a user who accessed our website by typing the URL into a standard browser;
- download any part of our website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about our website or the content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the content or information available from our website, other than as permitted by this agreement or as is reasonably necessary for your use of the services;
- share with a third party any login credentials to our website.
Despite the above terms, we now grant a licence to you to:
- create a hyperlink to our website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner.
- You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent. you may copy the text of any page for your personal use in connection with the purpose of our website or a service we provide.
Disclaimers and limitation of liability
All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
We make no representation or warranty that the services will be:
- useful to you;
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error;
We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our website.
You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the services concerned.
We shall not be liable to you for any loss or expense which is:
- indirect or consequential loss; or
- economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999
If you become aware of any breach of any term of this agreement by any person, please tell us by email to email@example.com. We welcome your input [but do not guarantee to agree with your judgement.]
Our Website includes content posted by third parties. We are not responsible for any such content. If you come across any content which offends you, please contact us via the “Contact us” page on our website.
We will do all we can to maintain access to our website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the services concerned. Nothing in this agreement excludes liability for a party’s fraud.
Duration and termination
This agreement shall operate for the period for which you have registered with Muddy Boot Sports.
Muddy Boot Sports or You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on the our website and submitting it.
Termination by either party shall have the following effects:
- your right to use the Services immediately ceases;
- we are under no obligation to forward any unread or unsent messages to you or any third party.
There shall be no re-imbursement or credit if the service is terminated due to your breach of the terms of this agreement.
We retain the right, at our sole discretion, to terminate any and all parts of the services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
Storage of data
We assume no responsibility for the deletion or failure to store or deliver email or other messages.
We may, from time to time, set a limit on the number of messages you may send, store, or receive through the service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
Interruption to services
If it is necessary for us to interrupt the services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
You acknowledge that the services may also be interrupted for many reasons beyond our control.
You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the services.
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
- any act, neglect or default of yours in connection with this agreement or your use of the services;
- your breach of this agreement;
- your failure to comply with any law;
- a contractual claim arising from your use of the services.
The following terms apply in the event of a dispute between the parties:
- If you are not happy with our services or have any complaint then you must tell us by email message to firstname.lastname@example.org.
- If a dispute arises, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
If you are in breach of any term of this agreement, we may:
- terminate your account and refuse access to our website;
- remove or edit content, or cancel any order at our discretion;
- issue a claim in any court.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post.
It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
The validity, construction and performance of this agreement shall be governed by the laws of England and you agree that any dispute arising from it shall be litigated only in that country.