PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW.
Who we are and what this agreement does
We Grassboots Ltd (CRN: 13733689) (“Grassboots.Club” / “we” / “our”) with our registered office at 26 High Street, Rickmansworth, WD3 1ER license you (the “User / your”) to use:
Grassboots.Club mobile application software, the data supplied with the software and any updates or supplements to it;
The related electronic documentation (“Documentation”); and
The service you connect to via the App and the content we provide to you through it (“Service”).
as permitted in these terms.
Your privacy
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.
THE APP AND SERVICES
Grassboots Limited is a mobile application (the “App”) and offers services in facilitating transactions. The App is an intermediary hosting service and virtual exchange forum and gives the User the opportunity to donate items such as sporting equipment, sports clothing and associated products, as well as purchase such items. All purchases will be classed and collected as donations and shall be to the benefit of an sports club (“Sports Club”) nominated by and associated with the Donator of an Item (“Donator”) and a buyer of an Item (“Buyer”).
Grassboots.Club will not purchase, sell or exchange Items shown on the App, nor shall it claim to do so.
Users can communicate by sending private messages to each other for the purpose of exchanging information regarding the items listed for sale. However, Users shall not abuse this service and shall not send any explicit content or spread viruses or worms. Users shall not send messages containing texts contrary to good moral standards and public order, inappropriate, insulting, harassing or defamatory messages or those otherwise regarded as incompatible with these terms and the interests of Users generally.
Grassboots.Club is an online listing platform and shall not be a party to any transaction between Users.
LISTING ITEMS
To list an item on the App (“Item”), the requirements set out in this section and the following conditions must be fulfilled:
Sporting equipment, sport clothing and associated products may be listed on the App.
The Donator must be the legal owner of these Items and have the right to transfer the ownership to another individual when donating them.
The sale or possession of such Items must not:
violate the rights of any third party, must comply with any applicable intellectual property rights, must not be classed as ‘dangerous goods’ and must not be counterfeit (so far as the Donator is aware) and must not violate any local, national or international applicable law or regulations;
incite offences or crimes, discrimination, hate or violence based on race, ethnic origin or nationality;
communicate incorrect information or confidential information;
The Donator must describe the Item as accurately as possible, indicate any possible faults, wear and tear or defects and state the price of the Item (“Faults”). The Donator, when they list the Item, represents that it complies with the description provided and that this description is exhaustive.
At least one good quality photograph of the Item must be uploaded when the item is listed (the use of other like photographs found on the internet and/or photos of a similar item is forbidden). The photograph must reflect the actual quality and external appearance of the Item, as well as any presence of Faults with the Item.
There will be no charge for submitting and listing Items to the App.
The quantity of Items that can be listed by a Donator on the App is unlimited. However, the listing of the same Item more than once on the App is forbidden.
The Donator who has listed the Item may withdraw it or amend the price at any time, before corresponding with and contacting a User for the sale of such Item.
All Items will be sold on a first come, first served basis.
We are not responsible for the content uploaded to the App by Users. Users are responsible for their own uploaded content. We will remove a User’s content where necessary and we may take any further action against the User as we see fit (including, but not limited to, suspending or terminating the User’s account) in situations where we discover any User content condoning crimes against humanity, inciting racial hatred and/or violence, concerning child pornography or any other unlawful content.
SALE OF ITEMS
When an Item is listed for sale on the App, and as such is published to other Users, this constitutes an offer for sale of the relevant Item by the Donator, which may be accepted by a Buyer. The Buyer shall accept the Donator’s offer when they click the “Buy now” button next to the Item. A legally binding contract is then created between the Buyer and the Donator for the purchase of the Item (“the Contract”). For the avoidance of doubt, Grassboots.Club shall not be party to such Contract.
75% of the proceeds of a sale shall be apportioned to the Organisation with the remaining 25% going to Grassboots.Club.
The Buyer and Donator are solely responsible for the sale of any Item and the Donor shall be responsible for arranging delivery or collection of the Item(s) to the Buyer, which can include delivering items to and collecting items from the Organisation (providing that the Organisation is given prior notification). At all times, the Donators and Buyers are strongly encouraged to keep safe and confidential any personal addresses and/or personal contact details (name telephone number, email, address) that they receive either directly or indirectly through their use of the App. Grassboots.Club will not be responsible or liable whatsoever for any leaks or other disclosure of such information.
We shall not be liable whatsoever for any losses, costs or damages resulting from miss-delivery, non-delivery or collection. We (in our sole discretion) may assist with any queries in relation to deliveries and/or collections, however we shall assume no liability or responsibility for any advice or actions arising therefrom.
PAYMENT
A Buyer may purchase and pay for an Item directly in the App via Stripe. Stripe is a third party online payment platform and the User is strongly encouraged to read Stripe’s general terms and conditions of service, available here: https://stripe.com/en-gb/ssa. The User’s use of Stripe via the App will constitute implied acceptance to such terms and conditions and the User accepts and acknowledges that Stripe shall process and store credit / debit card information. We do not guarantee the safety of any payments made via Stripe and we exclude all responsibility and liability for such payments to the fullest extent permitted by law.
All payments will be made upfront and in advance for any Items purchased and shall be paid in £ GBP.
HOW TO TELL US ABOUT PROBLEMS
Contacting us (including with complaints). If you think the App or the Service(s) are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@grassboots.club.
How we will communicate with you. If we have to contact you we will do so by email or SMS using the contact details you have provided to us.
Problems with Items. If any Item does not substantially comply with the descriptions provided by the Donator, or if the Item has been damaged during shipment, or if the Item is not delivered at all, the below process shall be followed:
First, the Buyer and Donator shall aim to resolve the situation directly between themselves (“Dispute”). If a Donator or Buyer have informed Grassboots.Club about such Dispute, they shall also notify Grassboots.Club of their joint decision in resolving the Dispute.
Second, if the Buyer and the Donator fail to resolve the Dispute themselves, the Buyer or the Donator can contact Grassboots.Club to try and resolve the Dispute. Grassboots.Club are not obligated to assist with any Dispute. However, if we decide to try and help resolve the Dispute we may require evidence (e.g. photos, documentation, etc.) of such Items to which the issue relates. Once we have reviewed any evidence relating to the Dispute, we will use reasonable endeavours to resolve the Dispute by communicating with the Donator and/or Buyer as we see fit. NOTE: we will not be responsible for refunding any payments made via the App. The Contract is strictly between the Donator and the Buyer and Grassboots.Club’s sole responsibility will be to facilitate an agreement / compromise where possible.
How you may use the App
In return for your agreeing to comply with these terms you may:
download or stream a copy of the App onto your device and view, use and display the App and the Service on such device for your personal purposes only.
use any Documentation to support your permitted use of the App and the Service.
receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
If at any time we discover that the information a User has provided about themselves is incorrect or false, or if User has violated any of these terms, or if the User has acted in a way which is fraudulent or illegal, we may suspend and/or terminate that User’s use of the App and/or our Services with immediate effect.
We also reserve the right to suspend and/or terminate any User’s use of the App and/or our Services upon 3 days’ notice.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY THE APP
You must be 18 or over to accept these terms and install the App. For minors, a parent or guardian must register for the use of the Services and supervise the use of the Services at all times.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by sending you an email and/or SMS with details of the change or notifying you of a change when you next start the App.
Any amended terms will be considered accepted by the User, unless we receive a rejection. If a User objects, they may choose to terminate their relationship with Grassboots.Club and they will not be permitted to continue to use the App. Any amendment to these terms published on the App will apply immediately to all Users.
Update to the App and changes to the Service
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. We shall notify you of such updates where practicable.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
Subject to the above, the App will continue to work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We are not responsible for other websites you link to
The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Licence restrictions
You agree that you will:
not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
is not used to create any software that is substantially similar in its expression to the App;
is kept secure; and
is used only for the Permitted Objective;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
Acceptable use restrictions
You must:
not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
not to use (in particular share and/or publish) programmes and/or computer files which contain viruses, or which might (i) disrupt the normal operation of the App and/or the Services, (ii) infect the devices and/or computers of Users and, therefore, lead to losses for the User or their assets or (iii) prevent the User from using the App, the Services or the User’s device and/or computer; and
not to offer and/or share and/or otherwise promote links to other apps or websites and/or companies that provide similar services to those offered by the App.
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
All submissions of information, data or photographs uploaded to the App (“Content”), means that Users hereby grant to Grassboots.Club, a non-exclusive licence to use the Content anywhere in the world, which shall apply for the duration of the applicable rights, if any (and their potential extensions). Such licence includes the right to use, copy, reproduce, display and adapt the Content. Grassboots.Club may use such Content on any known or unknown media to date and in particular TV, paper, the Internet (in banners and articles, on other websites) and social networks (Facebook, Twitter, Instagram, etc.), for operational, commercial, advertising and internal purposes, which the User hereby accepts. Users are exclusively responsible for the Content and confirm that they hold all rights over it.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill (except where expressly excluded), but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
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 (if relevant) or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received. Additionally, we are not responsible for any action or inaction of users of the App or Services, or content provided by Users of the App, including, without limitation:
the descriptions or photographs of items, including their accuracy and completeness.
the quality, legality or safety of the Items;
the Donators title to the Items; or
any Donator’s or Buyer’s right to enter into a sale, or the rights of the parties to an exchange or give-away to enter into a Contract.
Other exclusions. We are not liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device, computer equipment, computer programs, data or other proprietary material due to your use of the App or Services, or to your downloading of any content on it, or on any website linked to it. We are also not responsible for any third party service providers that you integrate into your account, nor for any loss or damage that may arise from your use of them.
Liability cap. At all times, our total liability arising under or in connection with these terms in relation to the App, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the higher of the following:
the price paid or payable for the sale of an Item in respect of any claim arising under these terms; and
the sum of £100.
We may end your rights to use the App and the Services if you break these terms
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
You must stop all activities authorised by these terms, including your use of the App and any Services.
We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, we will consider any suggested alternative dispute resolution methods offered by the User.