GENERAL TERMS & CONDITIONS FOR USING ELITFOTBOLLEN’S DIGITAL SERVICES
(Version Date: 08/03/2018)
These General Terms & Conditions (“Terms & Conditions”) govern your use of and connection to Elitfotbollen’s Digital Services. It is important that you take the time to read through the Terms & Conditions carefully.
In these Terms & Conditions, words that begin with capitalised letters shall have the meanings stated in Clause 16.
1 General information about SEF and EFIT
1.1 Föreningen Svensk Elitfotboll, company reg. no. 825001-5065, Evenemangsgatan 31, SE-169 79 Solna, Sweden (“SEF”), is a not-for-profit association primarily aimed at promoting and developing male elite football in Sweden. The Members consist of the associations, clubs and companies that play in the Allsvenskan (Premier League) and Superettan (Championship). The Members may therefore vary between seasons depending on the results of matches in the leagues.
1.2 In order to strengthen elite male football in Sweden, the Members have decided to introduce a shared IT platform for the provision of digital services (EFIT). Associations, clubs and companies that do not play in the Allsvenskan or Superettan can also join EFIT.
1.3 EFIT is the collective name for a digital platform through which the Associations, SEF and other Suppliers offer you digital services (the “Services”). It is the Members who decide which Services are offered from time to time. EFIT can be accessed in several ways, including through the Websites or Apps. These Terms & Conditions do not apply when you only visit the Association’s website without logging in to EFIT.
1.4 The Services on EFIT provide opportunities to order and purchase products and services. Any such order or purchase constitutes an individual agreement between you and SEF or the Association, Partner, or Supplier providing the product or service. Unless otherwise stated in connection with the order or purchase, these Terms & Conditions are included in the content of the agreement for the order or purchase. It is always the supplier of the product or service who has the sole liability for the product or service corresponding to what you have agreed upon.
1.5 SEF offers a range of digital services for the league and the clubs at and away from the venues. The services may be linked to a match/event at one of the venues or may be available all year round regardless of location. The Services on EFIT are available through a wide range of digital channels. As a user, it is important that you understand the purpose of our digital platforms and Services. This is the basis for a productive and lasting relationship between you and us. In the sections below we will describe the interactions that take place between us, you, the Associations and/or Suppliers when you use our Services.
1.6 The purpose of our Services is to give our users a good experience of Swedish football. A key feature of our Services is that our users should perceive them as relevant at every place and time they encounter them, and that our Services match up with your personal preferences and wishes as regards a digital relationship with Swedish football.
1.7 EFIT is a meeting place for fans, audiences, partners and sponsors. Its digital platform is the basis for experiencing, participating in, sharing, selling and buying football-related products and services. In short, it is at the heart of participating in the sport.
1.8 The following picture shows an example of the Services, experiences and interactions that you can have within EFIT:
2 Accepting the Terms & Conditions
2.1 When you register as a User on any of the Websites or Apps, you accept the Terms & Conditions. If you do not accept the Terms & Conditions you are not entitled to use the Services.
2.2 You may not use the Services if: (a) you have not reached the age required to enter into a legally binding agreement and have not obtained the consent of your parent or guardian; or (b) you are banned or otherwise legally prohibited from using the Services under Swedish or other law.
2.3 To use Services supplied by other persons than SEF you may have to accept the terms & conditions of these Associations or Suppliers.
2.4 A current version of these Terms & Conditions is always available on SEF’s website.
2.5 If the provisions in these Terms & Conditions differ from mandatory law to your detriment as consumer, mandatory law shall take precedence.
3 User Profile
3.1 You need to create a User Profile if you wish to use the Services to their full extent. The settings in the User Profile can be used to control what information will be available to SEF, the Associations and Suppliers, as well as to other Users of the Services. Your settings may affect the Services you are able to use. You can use the Services without creating a User Profile, but the scope of the Services and your ability to communicate with SEF, the Associations, Suppliers, and other Users will be limited.
3.2 When creating a User Profile you have the option to choose which club you wish to follow. If you choose to follow a club you will receive club-specific information, such as information about the club’s results, players, home stadium etc. You will also receive information from the club’s sponsors and partners.
3.3 Your User Profile is personal to you and may not be used by anyone other than yourself. You are solely liable for all activity that takes place via your User Profile. It is therefore your responsibility to handle passwords and other identification details in a secure manner so that unauthorised persons cannot access them. If you lose your password or identification details, have reason to suspect unauthorised access to your User Profile or that a security breach has occurred, you must immediately inform SEF or the person appointed by SEF.
4 Specific information regarding orders and purchases
4.1 The Services and products offered through EFIT are supplied either by SEF or by the Association or Supplier specified in the Service.
4.2 Some of the orders and purchases you make within the Services may fall under the Swedish Act (2005:59) on Distance Contracts and Contracts Outside Business Premises (the “Distance Contracts Act”). The following terms & conditions apply to such orders and purchases made from SEF. For orders and purchases from an Association or Supplier, the terms & conditions of that Association or the Supplier apply.
4.3 When ordering and purchasing from SEF, as a consumer you may have a cooling-off period where you can cancel the agreement in accordance with the provisions of the Distance Contracts Act. This means that under certain conditions you may be entitled to cancel your purchase within 14 days from the date you received the ordered product or received a receipt for your order of a service. Pursuant to the Distance Contracts Act, the following products and services are, inter alia, exempt from the right to cancel:
a) products manufactured according to your instructions or which otherwise have a clear personal character;
b) sporting events or other similar activities taking place on a particular day or during a predetermined period of time;
c) products that can quickly deteriorate or become out of date;
d) software as well as audio and image recordings with broken seals; or
e) services initiated with your consent during the cooling-off period, such as subscriptions.
4.4 If you wish to cancel an order or purchase, contact the counter-party who has delivered or will deliver the product or service. Contact details can be found on your receipt. Remember that it is you who must prove that you have cancelled within the prescribed deadline. You can cancel either verbally or in writing. A standard form for exercising the right of cancellation is available on www.konsumentverket.se. The website also has further information about the right of cancellation and the Distance Contracts Act. You can also get information and advice from your local Citizens Advice Bureau.
4.5 If you exercise your right of cancellation, SEF will refund you within 14 days from the date on which SEF receives the returned product or your notification cancelling your order of a service. If you incurred delivery costs for the product you purchased, these will also be refunded by an amount equivalent to the standard delivery fee. SEF is entitled to deduct an amount corresponding to the product’s depreciation from the amount to be refunded, insofar as such depreciation is due to the fact that you have handled the product to an extent greater than necessary to determine its characteristics or function.
4.6 Remember that you are responsible for the manner in which a product being returned is received by the counter-party. It is therefore advisable to send the product in a discreet box and as recorded delivery. The product should be returned together with its original packaging.
5 Use of the Services
5.1 The Services shall be used in compliance with these Terms & Conditions.
5.2 Any use which is not expressly permitted or supported by the Services is only permitted with SEF’s written permission:
a) disseminating Services or Content in other media;
b) changing or modifying any part of EDFT (including but not limited to the Websites, Apps and Services);
c) attempting to access the Services or Content through any other technology or by any other means than through the Websites or any other features expressly designated by SEF for this purpose;
d) circumventing, disabling or otherwise interfering with (i) security-related features of the Services; (ii) features that prevent or restrict the use or copying of Content; or (iii) features that restrict the use of the Services or material available via the Services;
e) using EFIT or the Content for the sale or marketing of products or services;
f) using or starting a robot, web crawler or other automated systems that send messages to SEF’s servers; or
g)copying, reproducing, distributing, broadcasting, displaying, selling, licensing or otherwise exploiting others’ content or material other than as is stated in these Terms & Conditions without the consent of the rights holder.
5.3 The Services may only be used for the purposes and in the manner for which they are intended. For example, you are solely liable for your use not giving rise to damage or other inconvenience to SEF or third parties (for example, by mass appeal or spreading a computer virus) and for your use not violating law or government authority regulations or decisions. Use in violation of these Terms & Conditions may be reported to the authorities, Associations or supervisory bodies.
5.4 The Services are supplied “as is”, i.e. In the condition they are in at each time. SEF cannot guarantee that the Services will always work without interference or be free of faults and defects. Nor does SEF guarantee that the information you receive when using the Services is correct or reliable.
6.3 SEF is free to allow suppliers of general search engines permission to copy Content and other material from the Websites in order to create search indexes. Such search engines may not automatically update their cache memories, and the information in search indexes may therefore include outdated Content and material.
7 Provision of your own Content
7.1 Within the scope of the Services you have the opportunity to upload Content. Unless otherwise follows from a particular Service, such Content becomes public to SEF, the Associations, Suppliers, and general search engines.
7.2 You (or the rights holder whose permission for uploading you obtained pursuant to Clause 7.5) own the Content you upload. However, SEF, the Associations and other Users of the Services have the right, free of charge, to use, reproduce, broadcast, copy and display such Content for non-commercial purposes, to the extent set out in these Terms & Conditions and which is supported by the Service’s features.
7.3 You are solely liable for your Content and the consequences of uploading it.
7.4 Neither SEF nor an Association are liable for any Content uploaded by anyone other than SEF or an Association, and SEF and the Associations do not endorse Content or what is otherwise expressed through such Content. By using the Services, you may therefore be exposed to Content that is incorrect, insulting or offensive. Unless otherwise follows from law, users of the Services do not have the right to force SEF to take down such Content.
7.5 You are solely responsible for obtaining consent, permission, licence or right to upload Content, which by virtue of copyright or otherwise, is in whole or in part the property of another party. Such consent, permission, licence or right shall also include the right to upload Content in accordance with Clause 7.2, and that the Content is used in the manner that the Services entail.
7.6 SEF reserves the right to remove without notice Content that, in SEF’s opinion, may be perceived as offensive or inappropriate.
7.7 After you upload Content, you can edit or delete the Content to the extent allowed by the relevant Service. It is not always possible to edit or delete Content which is public to others.
8 Changes in the Website, Services and Content
8.1 The Services and Content are constantly being renewed. This means that SEF is entitled, from time to time, to change their design, nature and content (including permanently or temporarily terminating or restricting the Websites, Apps or Services) without issuing specific information in advance.
9 Intellectual property rights etc.
9.1 SEF, or its licensor, shall have the exclusive ownership, copyright, patent rights and all other intellectual property rights to the Services and the Content contained in the Services (including but not limited to the Websites and Apps), as well as to the results from User Data or other data processed or adapted within the scope of the Services.
9.2 Without SEF’s written consent, you are not entitled to copy, reproduce, distribute, broadcast, display, sell, licence or otherwise exploit the content of the Services beyond what follows from these Terms & Conditions.
10 Changes to the Terms & Conditions
10.1 SEF reserves the right to make changes to the Terms & Conditions. SEF will notify you before it makes significant changes to the Terms & Conditions and will give you the opportunity to review the revised Terms & Conditions before you continue to use the Services. If you continue to use the Services after changes have been made to these Terms & Conditions, you agree to the changes. If you do not accept the change your access to the Services may be restricted.
11 Termination etc.
11.1 You can unsubscribe from the Services at any time. If you unsubscribe from the Services your access to the Services terminate with immediate effect.
11.2 SEF or the Association may end or restrict your access to the Services if you breach a material provision of these Terms & Conditions, breach any other provision in these Terms & Conditions without taking remedial action after being informed, use the Services, the Websites or the Apps in connection with a crime (or if it is reasonable to suspect that such activity is occurring), submit incorrect data when your register your User Profile or otherwise demonstrate that you may not or will not comply with these Terms & Conditions. SEF may also terminate the Terms & Conditions if SEF is obliged to terminate its contractual relationship with you pursuant to law or a binding decision from a public authority, or if SEF decides that it will no longer supply the Services. SEF or the Association may also end or restrict your access to the Services if there is a suspicion that your account is being used by someone else or if the account is used in a manner that poses a risk to other users (such as accidental transmission of a computer virus).
11.3 Notwithstanding the Terms & Conditions otherwise ceasing to apply, the right to use User Data in accordance with Clauses 6.2 and 7.2 shall continue to apply to User Data which is anonymised (i.e. which are no longer considered to be Personal Data) or which relate to Content that has not been revoked in accordance with Clause 7.7.
12.1 SEF’s and an Association’s liability for damage is limited to what follows from applicable mandatory law. Thus, SEF and/or an Association is not liable for any damage you may suffer as a result of (i) the Website or Services not functioning as expected; (ii) SEF or an Association taking down Content or blocking you from the Services; (iii) an unauthorised person gaining access to your User Profile; or (iv) SEF making changes to the Website, the Services or the Terms & Conditions, except to the extent that follows from mandatory law.
12.2 You may be held liable for any loss or damage suffered by SEF, an Association, or other as a result of you acting in a manner that violates these Terms & Conditions or as a result of any other negligent or deliberate conduct.
13 Force majeure
13.1 If SEF or an Association is prevented from fulfilling its obligations under the Terms & Conditions due to a circumstance beyond SEF’s or the Association’s control (including but not limited to lightning strike, labour dispute, fire, natural disaster, changes in regulations, governmental actions and/or a failure or delay in services provided by a subcontractor due to a circumstance stated herein), then this shall result in an extension of the deadline for performance and release from any penalties.
14.1 In order to keep administration costs down, all of SEF’s communications with you will take place electronically by e-mail or by announcements on the Websites or Apps. For e-mails, SEF uses the contact details you have provided to SEF. You are therefore required to keep your contact details updated.
14.2 SEF’s or an Association’s failure to exercise or claim a right in the Terms & Conditions does not mean that SEF or such Association have renounced their respective rights, and these may be claimed by SEF or the Association at any time.
14.3 In the event that a provision in these Terms & Conditions proves invalid or unreasonable, the provision in question shall be amended or removed from the Terms & Conditions without the Terms & Conditions being otherwise affected.
14.4 SEF or an Association have the right to freely assign their rights and obligations under these Terms & Conditions to others, as well as to engage subcontractors to discharge their respective obligations under these Terms & Conditions.
15 Governing law and dispute resolution
15.1 These Terms & Conditions are governed by Swedish law. Disputes concerning these Terms & Conditions shall be resolved by a Swedish court with Solna District Court as the court of first instance.
Apps: SEF’s or an Association’s app through which the Services are supplied.
Association: The members and other associations, clubs and companies connected to EFIT.
Content: Text, software, scripts, graphics, photographs, audio, music, videos, audiovisual combinations, interactive services or other material that you or other users contribute to the Services.
Data Protection Legislation: The Swedish Personal Data Act (1998:204) applies until 25 May 2018. From 25 May 2018, the Personal Data Act will be replaced by Regulation (EU) 2016/679 of the European Parliament of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation) (“GDPR”).
EFIT: Elitfotbollen’s IT platform, through which the Associations, SEF and other Suppliers are able to offer digital Services.
Member(s): Members of SEF.
Partner: A legal person/entity which has a commercial agreement with SEF and/or the members of SEF and who is associated with EFIT through this agreement.
Personal Data: Any information which can be directly or indirectly (e.g. by decoding or via an encryption key) used to identify a living natural person, including image and audio data.
SEF: Föreningen Svensk Elitfotboll (the Swedish Elite Football Association), org. no. 825001-5065.
SEFAB: Sports Entertainment Factory i Solna AB, 59050-4626, a wholly owned subsidiary of SEF.
Service(s): Digital services which from time to time are directly or indirectly supplied on, from or via EFIT.
Supplier: Supplier of a Service, which may be the Associations, SEF, the Associations’ sponsors or the football stadia which the User or media company, gaming company or other company that SEF cooperates with, and which SEF allows to supply Services via EFIT.
Swedish Distance Contracts Act: The Swedish Act (2005:59) on Distance Contracts and Contracts Outside Business Premises.
Terms & Conditions: These general terms & conditions and any appendices applicable from time to time.
User: A natural person who uses the Services.
User Data: Information, material and data generated by the User’s use of the Services, including Content and Personal Data.
User Profile: The User’s personal user profile for the Services.
Website, the Website(s): SEF’s or an Association’s website through which the Services are supplied.