funetics Coach app - Terms and Conditions
Funetics Coaches’ App - TERMS AND CONDITIONS
Please read these licence terms carefully.
BY SIGNING IN TO THE FUNETICS COACH APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL NOT BE ABLE TO USE THE APP.
About funetics
Funetics is a programme of fun athletics sessions created by England Athletics Limited to help children 4-11 learn, develop and practice running, jumping and throwing, all year round. Coaches on the funetics programme can download and use the Funetics app (Funetics App) to provide updates on a Participant’s development, progress and achievements on the funetics programme.
1. What these Terms do
1.1 These terms (Terms) apply to your use of the Funetics App and the services and content (Services) that you access through it. The Funetics App is provided to you by England Athletics Limited (CRN 05583713) (England Athletics) whose registered office is at Athletics House, Alexander Stadium, Walsall Road, Perry Barr, Birmingham, B42 2BE.
1.2 We only use any personal data we collect through your use of the Funetics App in the ways set out in our privacy notice, which sets out the terms on which we process any personal data we collect from you or that you provide to us.
1.3 When you access the Site we also have terms and conditions of website use which apply to your access and use of the Site.
1.4 The ways in which you can use the Funetics App may also be controlled by the rules and policies of the app store from which you downloaded the Funetics App. If you use Android, this will be Google Play, or any other Android app store from which you download the Funetics App. If you use using Apple, this will be the App Store. Where there is a difference between these Terms and the rules and policies of the relevant app store, the app store’s rules and policies will apply in relation to your download from and payment to the app store only.
1.5 This Funetics App requires an iPhone or iPad running iOS 10.3 or later and an Android device with at least 2GB RAM and Android 4.1 (Jelly Bean) OS
1.6 From the earliest date you tick a box or click on a button (or something similar) to confirm that you accept these Terms, such action constitutes acceptance of these Terms. If you don’t accept these Terms, you won’t be able to download the Funetics App.
1.7 You must be eighteen (18) or over to accept these terms and download the Funetics App. There is no charge to download the App.
2. What we say, and what we mean
“Funetics Account” means the account you open when registering on the Funetics Site as a coach;
“Funetics App” means the mobile application software and the data supplied with the software.
“Funetics Programme” means the programme of athletics sessions coached by you;
“Participant” means a child aged 4-11 coached as part of or enrolled onto a Funetics Programme;
“Provider” means the organisation or individual that has engaged you to provide coaching services as part of a Funetics Programme;
“Registered Users” means users of the Funetics Apps who have enrolled a Participant on a Funetics Programme;
"Site" means www.funetics.co.uk;
"User Information" means your personal details, which may be provided by you to us via www.funetics.co.uk or the Funetics App;
"we/us" means England Athletics (and "our" shall be interpreted accordingly).
"you" means you, as a coach on the Funetics programme and "your" shall be interpreted accordingly.
3. Use of information
3.1 When registering on the Funetics Site as a coach we will collect certain personal data about you – this will include your name, address including postcode, date of birth and gender. Full details are available in our privacy notice.
3.2 You confirm that you will not provide inaccurate, misleading or false personal information to England Athletics when registering on the Funetics Site. If personal information becomes inaccurate, misleading or false, you will promptly update your Funetics Account and/or notify England Athletics.
3.3 Your Funetics Account is for your personal use only and you must input correct personal data (aliases will not be permitted). You may not allow others to use your Funetics Account (including other Funetics coaches engaged by the Provider), and you may not transfer your Funetics Account or the Funetics App to any other person or entity. If you sell or give away any device on which the Funetics App is installed, you must first remove the Funetics App.
3.4 England Athletics does not confirm the identity of Registered Users or Participants, or confirm or monitor the content of the Funetics App or Funetics Account (although England Athletics does reserve the right to monitor your use of the Funetics App, the content of your Funetics Account and any communications that you have with Registered Users or Participants in order to investigate possible breaches of these terms or the law).
4. If you download the Funetics App
4.1 The Funetics App allows you to enter data about a Participant’s progress on the Funetics Programme, access training plans and activity cards to help deliver Funetics Programme sessions, assess Participants against the Funetics stages, track attendance, award achievements, and to communicate with Registered Users. It allows Registered Users to register and book sessions, view data relating to a Participant’s progress and communicate with you. By accepting these Terms:
4.1.1 we license you to use the Funetics App and any updates or supplements to it;
4.1.2 you can download or stream a copy of the Funetics App and view, use and display the Funetics App and the Services;
4.1.3 you can receive and use any free supplementary software code or update of the Funetics App incorporating "patches" and corrections of errors as we may provide to you; and
4.1.4 you can enter data about a Participant from your Funetics Programmes into the Funetics App.
4.2 If you download or stream the Funetics App onto any phone or other device not owned by you, you must have the owner's permission to do so. You remain responsible for complying with these Terms, whether or not you own the phone or other device.
4.3 All intellectual property rights in the Funetics App and the Services throughout the world belong to England Athletics and the rights in the Funetics App are used by you under licence only. You do not own any intellectual property rights in the Funetics App and may only use the Funetics App in accordance with these Terms.
4.4 All data entered into, stored on or processed via Funetics App by you belongs at all times to England Athletics.
5. Licence Restrictions
You agree that you will:
5.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the Funetics App or the Services in any form, in whole or in part to any person without prior written consent from us;
5.2 not copy the Funetics App, documentation or Services, except as part of the normal use of the Funetics App or where it is necessary for the purpose of back-up or operational security;
5.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Funetics App, documentation or Services nor permit the Funetics 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 Funetics App and the Services on devices as permitted in these Terms;
5.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Funetics 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 Funetics App to obtain the information necessary to create an independent program that can be operated with the Funetics App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
5.4.1 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;
5.4.2 is not used to create any software that is substantially similar in its expression to the Funetics App;
5.4.3 is kept secure;
5.4.4 is used only for the Permitted Objective; and
5.4.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Funetics App or any Service.
6. Acceptable Use
6.1 You must:
6.1.1 not infringe our intellectual property rights or those of any third party in relation to your use of the Funetics App or any Service, (to the extent that such use is not licensed by these Terms);
6.1.2 not use the Funetics 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 Funetics App, any Service or any operating system;
6.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Funetics App or any Service;
6.1.4 not use the Funetics App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
6.1.5 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;
6.1.6 keep secure and confidential at all times any data relating to Participants and Registered Users of the Funetics Programme whose data is used, displayed, stored or otherwise processed using the Funetics App, and share such data only with Registered Users;
6.1.7 keep secure and confidential at all times any personal data relating to a Registered User or Participant whose data is used, displayed, stored or otherwise processed using the Funetics App;
6.1.8 use data entered into the Funetics App about Participants or Registered Users only for the purpose of administrating the Funetics Programme.
6.2 If your use of the Funetics App damages England Athletics, Funetics or our reputation, affects the availability of the Service to others, is unlawful, causes us to incur any legal, tax or other regulatory liability or is malicious, intimidating or threatening (or a reasonable person would consider your conduct unacceptable), we reserve the right to terminate or suspend your use of the Funetics App. If you are a Provider who is also a Funetics Coach, and you breach the terms and conditions for Providers, we may also remove your access to the Funetics App.
7. Deleting your account and ending your use of the Funetics App
7.1 There is no minimum term for the Funetics App, but we may delete your account where you do not log in to the App for twelve (12) months or more.
7.2 We may terminate your rights to use the Funetics App and Services at any time by contacting you if you have breached these Terms. We will give you a reasonable opportunity to correct such breach if what you have done can be put right.
7.3 If we end your rights to use the Funetics App and Services:
7.3.1 you must stop all activities authorised by these Terms, including your use of the Funetics App and any Services;
7.3.2 you must delete or remove the Funetics App from all devices in your possession and immediately destroy all copies of the Funetics App which you have and confirm to us that you have done this;
7.3.3 you must delete from your device and cease to use in any way any or for any purpose data collected on or processed via the Funetics App relating to any Participants or Parent Users; and
7.3.4 we may remotely access your devices and remove the Funetics App from them and cease providing you with access to the Services.
7.4 We will delete any data stored on your account as soon as practicable, and in any event within twelve (12) months of termination of your account.
8. App updates and technical data
8.1 From time to time we may automatically update the Funetics App and change the Service to improve performance, introduce new features, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Funetics App for these reasons.
8.2 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 Funetics App and the Services.
8.3 The Funetics App requires you to use the most up-to-date version of your mobile device’s operating system available to you. You may have difficulty accessing the Funetics App if you do not.
8.4 By using the Funetics App or any of the Services, you agree that we can collect and use technical information about the devices you use the Funetics App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
8.5 If you want to learn more about the Funetics App or the services or have any problems using them, please contact us at [email protected]
9. General
9.1 The Funetics App and Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites. You do so solely at your own risk. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or access to, or correspondence with, any such third-party website, or any transactions completed, and any agreement entered into by you, with any such third party. Any agreement entered into and any transaction completed via any other third party website is between you and the relevant third party, and not us. We recommend that you refer to the third party's website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Funetics App and/or Services.
9.2 England Athletics does not accept liability for any loss or damaged caused resulting from your downloading or use of the Funetics App where:
9.2.1 there is breach of a contractual obligation or legal duty of care owed to you; and
9.2.2 such loss or damage is not reasonably foreseeable at the time of breach.
except for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other matter for which it would be illegal or unlawful for Us to exclude or attempt to exclude liability.
9.3 Subject to clause 12.7, the total amount of our liability to you for any loss or damage that you suffer that arises out of your downloading or use of the Funetics App shall be limited to £500 (five hundred pounds).
9.4 If digital content that we have supplied is defective and damages a device or digital content belonging to you, we will (at our sole discretion) either repair the damage or pay you compensation. We are not liable for damage resulting from your failure to follow 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.
9.5 The Funetics App and the Services are provided for general information only. Although we make reasonable efforts to update the information provided by the Funetics 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.
9.6 You should back up any content and data used in connection with the Funetics App, to protect yourself in case of problems with the Funetics App or the Service.
9.7 Check that the Funetics App and the services are suitable for you. The Funetics App and the services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Funetics App and the services (as described on the appstore site and in the documentation) meet your requirements.
9.8 We are not responsible for events outside our control. If our provision of the services or support for the Funetics 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.
9.9 You must immediately notify us in writing if you become aware of any breach of these Terms by others including inappropriate behaviour in connection with the Site, the Funetics App or the use or suspected use of your account without your permission. The best way to report this is to email us at [email protected]
9.10 In addition to any other provision of these Terms, England Athletics has the right, but has no obligation, to disclose any content you enter into the Funetics App or your Funetics Account, or any of your communications with Registered Users or Participants, to any appropriate authorities if England Athletics has reason to believe that the content relates to direct or indirect abuse in any form. You acknowledge and agree that England Athletics is permitted to make such disclosure.
9.11 By posting information or content on the sections of the Funetics App that are accessible by Registered Users or Participants you automatically give, and you confirm that you have the right to give, England Athletics an everlasting, non-exclusive, worldwide royalty free licence which cannot be revoked to use, copy, alter, adapt, publicly display and distribute, sub license and/or assign such information and content including (but not limited to) for publicity. You also give up any moral rights you may have in any such information or content.
9.12 You will not use England Athletics copyrights or trademarks, logos, graphics, images, videos and software used by us (including ‘Funetics’), or any confusingly similar marks, except for accessing, downloading, printing and reproducing this on media for your directly related to your delivery of the Funetics Programme (and within the scope of these terms and conditions) without the prior written permission of England Athletics and you shall not publish or advertise any teaching, coaching training or other services that you provide that fall outside the Funetics Programme, in any way as being approved by England Athletics or being an official England Athletics event or service.
9.13 You will not use the Funetics App to publicise, advertise or otherwise promote any services not forming part of a Funetics Programme for which you are a Funetics Coach.
9.14 If anyone brings a claim against England Athletics related to your actions, content or information which you contribute to or the Funetics App and/or make available to Registered Users or Participants, and/or your use of the Site or the Funetics App and/or your breach of these terms and conditions and/or you breach any applicable law regulation or rule, to the maximum extent permitted by law, you will compensate and hold England Athletics, its officers, directors, employees, and agents harmless from and against all damages, losses, liabilities, costs and expenses of any kind (including reasonable legal fees and costs) related to such claim.
9.15 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.
9.16 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
9.17 These Terms does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
9.18 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.
9.19 If we delay in enforcing any of the terms of this Agreement, 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.
9.20 English law shall govern these terms and conditions and any dispute arising out of or relating to these terms and conditions will be subject to the exclusive jurisdiction of the Courts of England.
Last updated 12th September 2023