Improve Your Performance.

PLEASE READ THE FOLLOWING PERFORMA SPORTS PRIVACY POLICY CAREFULLY:

The following text is a full statement of the privacy policy of Performa Sports Limited, 87 Drumnacanvy Road, Portadown, N. Ireland, BT63 5LY, company registration number NI604529 (we, us, our).

We respect your privacy rights. This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us when you visit our website at www.performasports.com (our website), or when you use our Performa Sports app (the App). Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

1. Information we may collect from you

1. We may collect and process the following data about you:
2. information that we collect from you to enable us to provide our services to you. By using the App and/or our website, we may collect personal information including your names, email address, telephone number, postal address, and/or password. This information includes personal data as defined by the Data Protection Act 1998 (the Act) as amended;
3. information we collect from you each time you contact us;
4. we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
5. details of transactions you carry out through our website; and
6. details of your visits to our website (including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise) and the resources that you access.

2. IP addresses and cookies

1. We may collect information about your hardware, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
2. For the same reason, when you access our website we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your hardware. Cookies contain information that is transferred to your hardware's hard drive. They help us to improve our website and to deliver a better and more personalised service. They enable us:
1. to estimate our audience size and usage pattern;
2. to store information about your preferences, and so allow us to customise our website according to your individual interests;
3. to speed up your searches; and
4. to recognise you when you return to our website.
3. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our website.
4. Please note that our advertisers may also use cookies, over which we have no control.
5. You can find out more about cookies at www.allaboutcookies.org.

3. Where we store your personal data

1. The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA), including with any member of our group (meaning any parent undertaking or subsidiary undertaking of us, as those terms are defined at section 1162 of the United Kingdom’s Companies Act 2006). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
2. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website and/or via the App; any transmission is at your own risk. Once we have received your information, we will use appropriate procedures and security features to try to prevent unauthorised access.

4. Uses made of the information

1. We use information held about you in the following ways:
1. to carry out our obligations arising from any contracts entered into between you and us;
2. to contact you to check on your progress in your use of our services, and to discuss any subscription issues;
3. to allow you to use the App and also to participate in any other interactive features of our website, where you choose to do so;
4. to ensure that content from our website is presented in the most effective manner for you and for your hardware;
5. to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes; and
6. to notify you about changes to our service.
2. We may also use your data to provide you with information about goods and services which may be of interest to you and we may contact you about these by post or telephone. By accepting the terms of this privacy policy you are consenting to the various uses of your information described above by us. However, if you wish to withdraw your consent, please notify us by emailing us at info@performasports.com. Please note that if you do withdraw your consent we may be unable to provide some or all of our services, and/or the use of the App and/or our website, to you, and you accept and acknowledge that we have no liability to you in any such event.

5. Disclosure of your information

1. We may disclose your personal information to any member of our group.
2. We may disclose your personal information to third parties:
1. in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
2. if we or substantially all of our assets are acquired by a third party, in which case personal data held by us about its customers may be one of the transferred assets; and
3. if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements or to protect the operation of our website, or the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

6. Your rights

1. You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
2. You have the right to access information which we held about you. Your right of access can be exercised in accordance with the Act, and you can contact us at our registered address as given above. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.
3. You also have the right to ensure that we hold correct and up to date information. If you believe that any information we hold about you is incorrect or out of date, please contact us at our registered address. We may need to ask you for further information and identification to help us to comply with this request.
4. Finally, our website and/or the App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

7. Changes to our privacy policy

1. Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

8. Contact

1. Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@performasports.com.

PLEASE READ THE FOLLOWING PERFORMA SPORTS USER TERMS CAREFULLY:

1. The terms

1. These terms (the Terms) form a binding legal agreement between you and Performa Sports Limited, 87 Drumnacanvy Road, Portadown, N. Ireland, BT63 5LY, company registration number NI604529 (we, us, our). By accepting these Terms you agree to be bound by their effect

2. Accepting the terms

1. In order to use the PERFORMA SPORTS software application (the App), you must first agree to the Terms. You may not use the App if you do not accept the Terms. You can accept the Terms by:
1. clicking to accept or agree to the Terms, where this option is made available to you by us in the user interface for the App; or
2. by actually using the App, whether on a trial or subscribed basis. In this case, you understand and agree that we will treat your use of the App as acceptance of the Terms from that point onwards.
2. We may update or change these Terms from time to time and recommend that you review the Terms on a regular basis. You understand and agree that your continued use of the App after the Terms have changed constitutes your acceptance of the Terms as revised. If we make a change to the Terms that materially impacts your use of the App, we may post notice of the change to the Terms on our website and/or email you notice of any such change.

3. The fees

1. Access to the App is on a subscription basis, except where you are availing of any trial period granted by us. We will charge you a monthly subscription fee (Subscription Fee) for access to the App and you undertake to pay the price notified to you.
2. You can obtain supplements to the standard products and services covered by your Subscription Fee as follows:
1. an extra iPad device for an additional fee as notified to you;
2. an extra sport in addition to the sport which you elected on your primary purchase of the App for an additional fee as notified to you; or
3. any further supplements as advertised by us
3. You grant us the right to audit your use of the App, so as to ensure compliance by you with these Terms.
4. Any default in payment shall entitle us to suspend or lock access to your account until payment is received or terminate this agreement and delete your User Content in accordance with clause 10.1.1 of these Terms. Late payment fees may be incurred.
5. We may at any time, upon notice required by applicable law, change the price of the Subscription Fee or institute new changes or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of change. If you do not agree to any such price changes, then you must cancel your account and stop using the App. You continued use of the App after the effective date of change shall constitute your acceptance of such change.

4. Use of the app by you

1. In consideration of the fulfilment by you of the obligations imposed on you by these Terms, including the payment by you of the fees charged by us for use of the App, we grant you a non-exclusive, non-assignable, non-transferable, non-sublicensable licence for the duration of the agreement created by these Terms to use the App solely and strictly for your own use.
2. You agree not to access (or attempt to access) any part of the App by any means other than through the interface that is provided by us. You specifically agree not to access (or attempt to access) any part of the App through any automated means, including use of scripts, robots, spiders, scrapers or web crawlers. You agree that you will not (a) take any action that imposes, or may impose (in each case in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) (save to the extent permitted by governing law) copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display any part of the App without prior written consent from us and any third party determined by us as appropriate; © interfere or attempt to interfere with the proper working of the App or any activities conducted via the App; (d) bypass any measures we may use to prevent or restrict access to the App; and (e) attempt to reverse engineer, decompile or otherwise seek to obtain access to any source code in the App.
3. You agree that you will not engage in any activity that interferes with or disrupts the App, or the servers and networks which are connected to the App.
4. We may elect to update the App. These updates may be may include bug fixes, feature enhancements or improvements, or entirely new versions of the App. You agree that we may automatically deliver such updates to you as part of the App and you shall receive and install them as required. If you choose not to install any update, you acknowledge that the performance of the App may be affected.

5. Account security

1. You represent and warrant to us that any and all information provided by you is true, accurate and complete. You undertake to notify us promptly of any changes to such information. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to decline any application from you to register as a user of the App in our sole discretion and/or to suspend your use of the App where we in our sole discretion believe that you are in breach of any provision of these Terms.
2. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the App. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account, as determined, noted, or recorded by us. Such determination, notation, and record shall be at our sole discretion, and shall serve as conclusive proof of the facts stated therein and to which they attest.
3. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at info@performasports.com.
4. You grant us the right to access your App accounts for the purposes of any monitoring, service improvement or upgrade.

6. User content

1. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any media files, metadata, graphics, images (including but not limited to player and team images, trademarks and/or logos), photographs, videos and other like materials that you create, upload, download, transmit, store, post, email or display while using the App (any and all such content User Content) and for the consequences of your actions (including any loss or damage which we may suffer) by doing so. We do not control the User Content used in the App, nor do we guarantee the accuracy, integrity or quality of such User Content.
2. By uploading any User Content you represent and warrant that:
1. you have the lawful right to reproduce and distribute such User Content;
2. the uploading, downloading, posting, emailing or transmission by any other means of the User Content will not constitute or encourage a criminal offence, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
3. the User Content posted by you will not be unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including rights of celebrity, privacy and intellectual property; and
4. the User Content posted by you will not breach national or international intellectual property laws, nor infringe the intellectual property rights of any third party.
3. You acknowledge and agree that we are not responsible or liable in any way for any User Content provided by you or other users and have no duty to moderate such User Content. However, we reserve the right at all times to determine whether User Content is appropriate and in compliance with these Terms, and may move, modify and/or remove User Content at any time, without prior notice and in our sole discretion, if we determine that any User Content is in non-compliance with these Terms or notified to us as objectionable by a third party.
4. You shall indemnify us and hold us harmless, without limitation and upon demand, against any claims, proceedings, actions, costs, damages, expenses, liability, losses and demands (including reasonable legal expenses) that may be incurred by us and whether directly or indirectly arising from: (a) any User Content you submit, post, transmit, or otherwise make available through the App; (b) your use of the App; © any breach by you of these Terms; or (d) infringement by you or your User Content of third party intellectual property rights.

7. Intellectual property

1. You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the App, including any intellectual property rights which subsist in the App (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the App may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.
2. For the avoidance of doubt, all reports, data, records, statistics, graphs, results, databases or like material (Results) generated from the analysis conducted by the App shall be our intellectual property. To the extent that any such material could in any way be deemed created by you, you hereby assign all right, title and interest in such material to us absolutely.
3. We hereby grant to you a non-transferable, non-assignable, non-exclusive, non sub-licensable perpetual licence to use the Results in connection with your use of the App.
4. Unless you have agreed otherwise in writing with us, nothing in the Terms gives you a right to use any of our trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the App.

8. Privacy

1. Your use of the App, including any registration process, may involve your disclosure to us of personal data (which term shall include sensitive personal data) relating to data subjects (personal data, sensitive personal data and data subjects each as defined by the Data Protection Act 1998). In the event that you do so disclose such personal data you:
1. warrant and represent to us that you have secured all consents and permissions, and have taken all actions necessary, as may be required by applicable law for the purposes of disclosure to us and subsequent use by us of any such data relating to third parties in the provision of the App in accordance with our privacy policy; and
2. in relation to any personal data relating to you, you consent to the use of such personal data in accordance with our privacy policy.

9. Publicity

1. You agree to our use, in accordance with our privacy policy [insert link here], of your User Content, including but not limited to player and team names for promotional and advertising purposes only. If you do not wish to be featured in our promotional material please notify us immediately at info@performasports.com.
2. Both of us acknowledge that publicity by us using any of your User Content does not constitute any endorsement of your App or any User Content therein and, in accordance with Clause 6, you are solely responsibility for the User Content in your App.

10. Termination

1. We may at any time, terminate our legal agreement with you and the supply to you of the App if:
1. you have materially breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms) and, where such breach is capable of remedy, we determine that you have not so remedied within fourteen days of notification; or
2. we are required to do so by law (for example, where the provision of the App to you is, or becomes, unlawful); or
3. you become bankrupt, or cease to trade; or become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you; or a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court; or the ability of your creditors to take any action to enforce your debts is suspended, restricted or prevented or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction): or
4. the provision of the App to you by us is, in our opinion, no longer commercially viable.
2. When these Terms come to an end:
1. the licence granted at clause 4.1 of these Terms terminates;
2. all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Clauses 6, 7, 8, 9, 10, 11 and 13 shall survive termination of these Terms; and
3. we will store all your User Content for a period of 90 days in case you decide to revive your subscription with us within that period. Upon expiry of this 90 day period, if we have not had notice from you that you wish to re-subscribe, we reserve the right to erase all your User Content.
3. We reserve the exclusive right and prerogative to retain, maintain, archive, protect, use, or store any and all data or information, without regard as to time or duration, as we may deem reasonable or necessary in the pursuit of our business or interests, or in protecting such business or interests, notwithstanding the termination or cessation of your relationship with us.

11. Limitation of liability

1. Nothing in these Terms, including this clause 11, shall exclude or limit any warranty or liability which may not be lawfully excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by our negligence.
2. There are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms (including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement). Any condition, warranty, representation or other term concerning the supply of the App which might otherwise be implied into or incorporated in these Terms, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
3. You expressly understand and so agree that your use of the App is at your sole risk and that the App is provided "As Is" and "As Available."
4. In particular, we, our subsidiaries and affiliates, and our licensors, do not represent or warrant to you that:
1. your use of the App (including its use in conjunction with any other software) will meet your requirements, that your use of the App will be uninterrupted, timely, secure or free from error or that defects in the operation or functionality of the App provided to you will be corrected; and
2. any information obtained by you as a result of your use of the App will be accurate or reliable; and
3. that defects in the operation or functionality of the App will be corrected, rectified, or remedied.
5. Any material downloaded or otherwise obtained or accessed through the use of the App is done at your own discretion and risk, and that you will be solely responsible for any damage, loss, or prejudice to your computer system or other device or loss of data that results from the download or access of any such material.
6. In order for you to make full use of the App it may be necessary for you to use particular computer equipment or to download or install certain pieces of software. If you are unable to access all or part of the App because you do not have access to any necessary software or equipment, this shall not constitute a breach of these Terms by us and we shall not be liable for any loss, damage or expense which may result from your inability to access the App.
7. No advice or information, whether oral or written, obtained by you from us or any of our subsidiaries, affiliates, officials, employees, or personnel, or through or from the App shall create any warranty not expressly stated in these Terms. We shall not be under any liability whatsoever in respect of any inaccuracies or omissions in the App. All such liability is excluded by us to the fullest extent permitted by law.
8. You expressly understand and agree that we and our licensors shall not be liable to you for:
1. any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of the App and/or its use or non-availability;
2. loss of profit, business revenue, goodwill and anticipated savings:
3. any trading or other losses which you may incur as a result of use of or reliance upon any content;
4. the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the App; or
5. any effect which use of the App may have on any software you use.
9. Subject to the clauses above, the aggregate liability of us in respect of any loss or damage suffered by you and arising out of or in connection with the use of the App by you and/or any third party shall not exceed the amount of the total fees actually paid by you to us in the twelve months preceding the date of the your claim.
10. You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with the use of the App; that we cannot adequately insure its potential liability to you; and that accordingly the exclusions and limitations contained in this clause 11 are reasonable. You also undertake at all times to mitigate any such damage or loss.

12. General

1. You shall not assign, transfer or sub-license any of your rights or obligations under these Terms. We may at any time assign all or any of our rights and transfer all or any of our obligations under these Terms.
2. Failure or neglect by us to enforce any of the provisions of these Terms at any time shall not be construed or deemed to be a waiver of our rights nor shall this in any way affect the validity of the whole or any part of these Terms, nor prejudice our rights to take subsequent action.
3. If any part of any provision of these Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provision and all other provisions of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law.
4. These Terms represent the entire agreement of you and us in relation to the subject matter of these Terms and supersedes any previous agreement between you and us in relation to the App. Neither of you and us has relied upon any statement or representation made by the other in agreeing to enter this agreement.

13. Law and jurisdiction

1. These Terms shall be construed in accordance with Northern Irish law and the parties hereby submit to the exclusive jurisdiction of the Northern Irish courts to settle any disputes which may arise in connection with these Terms.

14. Cancellation & Refund Policy

1. Performa Sports is a pay as you go service, and you are free to cancel your subscription with us at any time.
2. You can cancel your account at any time, and we can offer you a refund on your money. However, we do charge a daily pro-rata rate and this will be deducted from your refund total.

15. Educational Price Plans

1. To qualify for an Education price plan either monthly or for the one-off fee plan, you must be able to prove to us that are you involved with an educational institution such as school, college, or university, and the purpose of the application must be for education.
2. When you have paid for an educational plan, we will check your details and if we require more information we will be in contact with you. If we do not receive a response from you within 7 days, we will cancel your account and we will not issue you a refund.
3. If you do respond, and you fail to prove you are from within an education institution and using the application for educational purposes, we will cancel your account and refund only a percentage of you fee as we do charge a daily pro-rata rate and this will be deducted from your refund.