In consideration of you agreeing to abide by the terms of these Terms, we grant you a non-transferable, non-exclusive licence to use the App subject to these Terms and to any rules or policies applied by any third party provider or operator from whose site you downloaded the App (e.g. through the Apple App Store or Google Play (each an 'App Store' )). We do not sell the App to you. We remain the owners of the App at all times.
The App is made available to you in accordance with description provided in the App Stores at the point of download and on our website at www.PlayCheza.com (the 'Site').
2. Your privacy
Additionally, by using the App or any of the services accessible through the App (the 'Services' ), you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. How it works
We came up with the App to enable individuals to connect with other individuals who have a common interest in participating in a sport or activity.
We refer to individuals who use the App to connect with others for non-commercial purposes only as 'Participant Users'.
Participant Users can download the App and use any of the services accessible through the App for non-commercial purposes (the 'Participant User Services') free of charge.
We also offer special additional functionality for coaches and for those offering sports facilities and equipment for hire who want to subscribe for 'Coach Accounts' or 'Hire Accounts' respectively. You can read more about the additional functionality and benefits of Coach Accounts and Hire Accounts in the App and on our Site.
To subscribe to a Coach Account or Hire Account a 'Subscription' can be purchased in-App once the App is downloaded free of charge. You can register more than one account in order to use the App for different purposes (see below). Coach Account or Hire Account subscribers ('Subscribers') may also maintain access to a Participant User account and may use the Participant User Services free of charge.
In-App instructions will provide you with the necessary guidance to register a Participant User account, or if you choose, a Coach Account or Hire Account.
If you elect to register and subscribe to a Coach Account or Hire Account, subject to the payment of a weekly non-refundable subscription fee (the fee (including VAT) for the applicable Subscription as advertised on the Site and/or in the App which may be updated and communicated to you from time to time (the 'Subscription Fee' )), all Participant Users will be able to view the Subscriber account profile(s) and the information the Subscriber posts to it.
If you fail at any time to pay any Subscription Fees due in accordance with these Terms we may, in our discretion and without prejudice to our other rights, deny you access to those enhanced Services which are exclusively available to Subscribers. We need not provide you with advance notice in such circumstances.
Our payment service provider in respect of Subscription Fees will be PayPal.
If a Subscriber elects to terminate a Subscription (using in-App settings) they may continue to use their Participant User account, and any other Subscriber accounts for which they continue to pay a Subscription Fee. Once a Subscription is terminated, the corresponding account will be deactivated and the profile details will not be viewable by other users, and it may be deleted by us.
Coach Account or Hire Account Subscribers must offer only coaching or hiring services
A Subscription can be opened in respect of one geographical area only. Subscribers are required to set that geographical area (the size of which may be limited by us from time to time in our absolute discretion) during the account registration process. Unlike Participant User account profiles (which may show a Participant User's location moving along with their device), a Subscription account profile will continue to show the location set when the account was registered.
As above, more than one account can be opened by a user in order to subscribe to a Coach Account or Hire Account in order to offer more than one service, to offer the same in more than one area, or to offer more than one service in more than one area. A separate Subscription Fee shall be payable in respect of each Subscription.
Subscriptions shall continue until terminated by you or us in accordance with these Terms.
5. Acceptable Use Standards
You may use the App only for lawful purposes. You may not use the App or any of the Services:
6. Content Standards
The content standards below apply to any and all material which you contribute to the App ('contributions'), and to any Services.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
7. Suspension and termination
We will determine, in our discretion, whether there has been a breach of the Acceptable Use Standards or Content Standards (the 'Standards' ) through your use of our App and the Services. When a breach of either has occurred, we may take such action as we deem appropriate.
Failure to comply with the Standards constitutes a material breach of these Terms upon which you are permitted to use the App, and may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of the Standards. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.
8. Dispute resolution
Any disputes in relation to any Services should be raised and resolved directly with the Participant User(s) and Subsciber(s) concerned. While we may provide guidance in the App and/or on our Site regarding actions which may be taken in the event of disputes, Cheza shall be under no obligation to intervene.
Notwithstanding this, if you wish to complain about use of the App in breach of these Terms by other users, please contact us (see 'Communications between us' below for contact details).
9. Operating system requirements
This App requires a handheld device with a minimum of [70 - 100] MB of memory for Android and [55 - 65] MB of memory for IOS, internet access and the Apple iOS or Android operating system.
10. Communication between us
If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by e-mail or by prepaid post to The Sports Traveller Limited at 8 Quarles Park Road, Romford, United Kingdom, RM6 4DE and email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail or via the App.
11. These Terms
These Terms apply to the App and any Services, including any updates or supplements to the App or any Services, unless they come with separate terms, in which case those terms apply.
If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of these Terms.
We may change these Terms at any time by sending you an email or other notification with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
If you do not accept the notified changes you may continue to use the App and the Services in accordance with the existing terms but certain new features may not be available to you.
12. Updates to the App
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.
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.
The App will always 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.
13. If someone else owns the device you are using
If you download or stream the App onto any 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 device.
14. We may collect technical data about your device
By using the App or any of the Services, you consent to us collecting and using technical information about the device and related software, hardware and peripherals for Services that are internet-based or wireless to improve our App and to provide any Services to you.
15. Location data
We may collect information to determine your location using GPS technology. Many of the features of the App will require access to such location data to work. You can however prevent access to this information by turning off your location services while using the App.
The App or any Service may contain links to other independent third-party websites ('Third-party Sites'). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
17. Licence restrictions
You agree that you will:
18. Intellectual property rights
You acknowledge that all intellectual property rights in the Technology anywhere in the world belong to us or our licensors, that rights in the Technology are licensed (not sold) to you, and that you have no rights in, or to, the Technology other than the right to use each of them in accordance with these Terms. You acknowledge that you have no right to have access to the App in source-code form.
19. Your data
You shall own all right, title and interest to all of the data you upload for the purpose of using the Services ('Uploaded Data'). You give Cheza a worldwide licence to store and otherwise use the Uploaded Data for the purposes of providing and improving the Services.
20. Limitation of liability
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described meet your requirements.
Information provided via the App and the Services is provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We do not review profiles and are not involved in the actual transactions or other arrangements between users (including without limitation the provision of any coaching or hire services, or the organisation and running of events or transportation to them), and shall have no liability in respect of the same. We do not guarantee the accuracy of profiles or user communications or the reliability, quality, safety, or legality of any events or services offered by Subscribers or Participant Users.
Notwithstanding any other provision in this section 20, 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 or for fraud or fraudulent misrepresentation.
We only supply the App for domestic and private use to Participant Users. While using Participant User Services as a Participant User you agree not to use the App for any commercial, business or resale 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 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, 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.
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 to the extent required by law. 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.
Except as expressly and specifically provided in these Terms each Subscriber assumes sole responsibility for results obtained from the use of the Services and the App, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and the Services and the App are provided to the Subscriber on an "as is" basis.
We shall not be liable to any Subscriber for consequential, indirect or special losses.
We shall not be liable to any Subscriber for any of the following (whether direct or indirect): loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings, discount or rebate (whether actual or anticipated); or harm to reputation or loss of goodwill.
Subject to the forgoing, our maximum aggregate liability under or in connection with these Terms (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the total subscription fees which you have paid for use of the App.
21. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks ('Event Outside Our Control').
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
a) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
b) we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.
If we end your rights to use the App and Services, or you choose to terminate your account:
23. Other important terms
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms
You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Please note that these Terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
The Cheza mobile software application ('App') is brought to you by The Sports Traveller Limited and is available for download from the Apple App Store and Google Play.
For the purposes of the Data Protection Act 1998, The Sports Traveller Limited ('we' or ('us') is the ‘data controller’ (i.e. the company who is responsible for, and controls the processing of, your personal data).
Personal data we may collect about you
Information that you provide
We will obtain personal information about you such as your first name, last name, date of birth, gender and, if you choose, your email address, phone number, relationship status, location data, photographs of you, details of events you plan to attend, or have attended and other biographical information and preferences whenever you complete forms, or amend forms, on the App.
If you subscribe to have a Cheza Coach Account or a Cheza Hire Account we may obtain additional biographical information.
We will also obtain personal information you provide when you send us feedback, post material, contact us for any reason and by any medium, sign up to a service, share information via the App’s social media functions, complete a survey, report a problem with the App or report a dispute with another user.
We may retain a record of any contact you make with us.
Information that we will collect automatically
Device information: We may also collect information about your device each time you use the App. For example, we may collect information on the type of mobile device that you are using and its unique device identifier (for example, the IMEI number) and the mobile operating system that you are using.
Information on your device: We may also collect information which is stored on your device each time you use the App. For example, we may collect photos, videos and other digital content and if you sign in using Facebook we may collect friends lists.
Location data: We may also collect information to determine your location using GPS technology. Many of the features of the App will require access to such location data to work e.g. to allow you search for events taking place near you. You can however prevent access to this information by turning off your location services while using the App.
How we use your personal data
We use your personal data for the following purposes:
Marketing and opting out
If you have given permission, we may contact you by email about services, promotions, and special offers that may be of interest to you. If you prefer not to receive any direct marketing communications from us, you can opt out at any time. See further 'Your rights', below.
Disclosure of your personal data
We may disclose your personal data to:
Keeping your data secure
We will use technical and organisational measures to safeguard your personal data, for example:
While we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet.
We ask you not to share your account password with anyone.
We may monitor and record communications with you (such as telephone conversations and emails) for the purposes of quality assurance and training.
Information about other individuals
If you give us information on behalf of someone else, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can:
Transfers of data out of the EEA
We will not transfer your personal data to countries outside the European Economic Area, for the purpose of storage.
You have the right to request access to personal data that we may process about you. If you wish to exercise this right, you should:
You have the right to require us to correct any inaccuracies in your data free of charge. If you wish to exercise this right, you should: put your request in writing; provide us with enough information to identify you (for example, your name and account username); and specify the information that is incorrect and what it should be replaced with.
You also have the right to ask us to stop processing your personal data for direct marketing purposes. If you wish to exercise this right, you can click the 'Unsubscribe' button at the end of the email you have received from us, or you may put your request in writing (an email sent to firstname.lastname@example.org with a header that says 'Unsubscribe' is acceptable) and provide us with enough information to identify you (for example, your name and account username).
Right to erasure
Under Article 17 of the General Data Policies Regulation (GDPR) 2018 you have the right to obtain from us the erasure of personal data concerning yourself without undue delay. If you wish for us to erase your personal data please contact us (see 'Communications between us' below for contact details).
We shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
Lawfulness of Processing
Processing shall be lawful only if and to the extent that you have given consent to the processing of your personal data for one or more specific purposes;
Right to lodge a complaint with a Supervisory Authority (such as the ICO)
Notification of a personal data breach to the supervisory authority
In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent in accordance with Article 55, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within 72 hours, it shall be accompanied by reasons for the delay.
The processor shall notify the controller without undue delay after becoming aware of a personal data breach.
The notification referred to in paragraph 1 shall at least:
Where, and in so far as, it is not possible to provide the information at the same time, the information may be provided in phases without undue further delay.
The controller shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken. That documentation shall enable the supervisory authority to verify compliance with this Article.
Third party cookies
We work with third-party suppliers who may also set cookies on our App, for example e.g. Facebook, Twitter. These third-party suppliers are responsible for the cookies they set on our site. If you want further information please go to the website for the relevant third party. You will find additional information in the table below.
How to turn off cookies
If you do not want to accept cookies, you can change your browser settings so that cookies are not accepted. If you do this, please be aware that you may lose some of the functionality of the App.
Our contact details
We welcome your feedback and questions. If you wish to contact us, please send an email to email@example.com. Our registered office is 8 Quarles Park Road, Romford, United Kingdom, RM6 4DE.
We may change this Policy from time to time. You should check this policy frequently to ensure you are aware of the most recent version that will apply each time you use the App.