TERMS AND CONDITIONS
Please read all these Terms and Conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Hutton Road Limited whose trading name is Sportistars a company registered in England and Wales under number 13661201 whose registered office is at 42 Pitt street, Barnsley, Yorkshire, S70 1BB (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
6. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
7. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;
8. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
9. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
10. Website means our website www.sportistars.com on which the Services are advertised.
Services
11. The description of the Services and any Goods is as set out in the Website. Any description is for illustrative purposes only and there may be small discrepancies in the quality of Goods supplied. We are not responsible for the quality and content of videos and any social posts provided. This is subject to devices used at the time of recording and the individual athlete.
12. In the case of personalised Services including but not limited to personalised video messages and social posts and charity challenges, and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Services which appear on the Website are subject to availability.
14. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
15. Pricing for services such as personalised videos, challenges and social posts are listed on our site on each individual sport stars profile page. We take payment in full for all services at checkout. This includes an additional site service fee of up to £5.
16. Sportistars takes no responsibility for any injuries or loss financial, consequential or otherwise, from any provided tips, social posts, workouts or advice made by any athletes on our site. Please ensure you supply all the information needed at the time of order or email:
orders@sportistars.com with any updates along with your order number.
17. Stars creating videos will vary in length and may not include all the information you give them. Quality may vary depending on the location, connection and particular device the star has access to at the time of recording. No refunds will be made once videos are delivered and downloaded by the user.
18. Videos cannot be used for any commercial purposes unless a commercial add on licence has been purchased in advance and are for private use only.
19. You cannot use your video or social post for any commercial reasons whatsoever on or offline unless a commercial agreement has been made with the talent.
20. You are prohibited from using any personalised videos or social posts ordered through our site for any political motive or means or in connection with any comedy sketches or memes, content that (explicitly or implicitly) may be considered offensive or harmful to others, including, but not limited to, threatening, racist, indecent, obscene , derogatory , illegal, harassing, stalking, criminal, harmful or abusive, or used alongside or in connection with any material that may be poor no graphic in nature. You can not make any modifications to any video including but not limited to editing, amending or developing or using on a personal website.
21. You must keep the Sportistars logo watermark on our video content at all times and not try and remove it yourself or with a third party or app and if asked to remove a video by Sportistars from social or from anywhere online you must do so immediately.
22. Athletes have sole discretion on whether to accept or decline any orders made through the website.
Customer Responsibilities
23. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
24. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal Information and Registration
25. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
26. We retain and use all information strictly under the Privacy Policy.
27. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
28. You are responsible for protecting your login details.
29. Anyone who shares their login details with a person authorised by them are responsible for the actions of that person in their access and use of the site.
30. You must notify us immediately if there is any unauthorised usage of your account.
Basis of Sale
31. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
32. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
33. A Contract will be formed for the Services ordered only when you receive an email from us confirm the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.Videos and some custom social posts and user generated content will only be stored on our servers for 45 days from day of delivery. By accepting an order through our site you are implicitly accepting these herein terms. We reserve the right to contact you on the email address given as part of the order process before the time of deletion to remind and give you the opportunity to download these files prior to deletion. This may be one or more emails.
34. Any quotation of Fees (as defined below) can be expressly withdraw at any time.
35. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
36. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business
Fees and Payments
37. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services are calculated on a fixed price and payable in full in advance at checkout. Athletes have up to 7 days to accept or decline any request.
38. Fees and charges include VAT at the rate applicable at the time of the Order.
39. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
40. Our payment processor is Stripe. As we do not handle the processing of your credit or debit card purchase, you must notify any payment discrepancies directly to Stripe.
41. You agree that we are not responsible for any delay, failure, damage, or liability caused by our payment provider, any other third party or a force majeure.
42. You acknowledge and agree that Sportistars does not operate, own, or control the payment provider; and your use of any payment provider is subject to the terms and privacy policies of that payment provider. We may also change our third party payment provider at any time.
43. Prices and products available on Sportistars marketplace are the sole responsibility of the sellers or third party. Sportistars has no liability to you for any items which may be incorrectly described.
Charity & Donations
44. Athletes showcase good causes they support on their individual profile pages. From time to time, athletes may say all or part of their fees or profits will be directed to specific charities.
45. Sportistars is not responsible for verifying any charity or if any funds are sent to those charities by the star.
46. Athletes and their representatives confirm they will be wholly responsible for making all such claimed payments and will abide by all charity law.
47. They further agree they have got all required permissions to use and upload each individual charity logo on their profile page.
48. Sportistars will donate up to 10% from every transaction on the website to nominated charities unless directed otherwise. Apart from premium experiences where donations will be less.
Delivery
49. We will arrange for an athlete to deliver the Services as detailed on our site. They have 7 days from the date of order to accept or decline an order for any reason whatsoever.
50. If an athlete doesn't accept an order request, or events happen beyond our control, or an athlete cancels a challenge, we will arrange for a refund via our third party provider Stripe as per their terms and conditions. Please see their website for details.
User Content
51. The Site and any future Related Sites may contain information or material posted by you (Submitted Content).
52. We are a publisher only and are not responsible for the content, accuracy or completeness of this information.
53. Anyone who submits content such as personalised videos to the site and/or related sites agrees that the content will be treated by us as not being confidential;
54. When content is created with or submitted to the platform or its representatives, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable licence (through multiple tiers)including future rights that Sportistars (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the world exploiting current or future technology yet to be developed. You also hereby grant each user of the site a non-exclusive licence to access your user content through the site and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such user content in whole or in part, to the extent permitted by the site under these terms of use.
55. You will allow us to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display content and any name, username, voice, image or likeness provided in connection with your profile, sign up or your content in all media formats and channels now known or later developed anywhere in the world. This licence includes the right for us to make your content available for syndication, broadcast, distribution, or publication by other companies, organisations, or individuals who partner with Sportistars.
56. You also agree that we may remove metadata associated with the content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to the content.
57. Users agree to waive all moral rights in the content that you provide (and ensure that you obtain all moral rights waivers in relation to all the content that you provide).
58. You agree to allow us to use, host and publish the content, in all manner of media in connection with providing the services to you, in addition agree our use of content for promotional, marketing and advertising purposes in which you grant us the same rights and you further agree that no fee will be payable for content used for advertising, marketing and promotional purposes by Sportistars;
59. Athletes agree that Sportistars can use any uploaded video content provided by them or their representatives to the site or any content or video footage from any event/experience can be used by Sportistars for promotional and marketing purposes both on this site and socials and with our third party suppliers and in all media formats and channels now known or later developed anywhere in the world.
60. We may disclose your personal information if we are required to do so by law, or if in good faith we believe such action is necessary to comply with the law or a legal obligation. Or to enforce our site policies, which includes behaviour our management, employees or administrators or athletes deem to be racist, discriminatory or otherwise abusive or offensive, illegal, obscene, indecent, defamatory, inciting racial or ethnic hatred, or otherwise violates the rights of others or is in any other way objectionable to protect ours or others rights, property, or safety. (and users agree that any material determined by us to be in breach of this condition may be removed from the site and or related sites by us without notice to you and may be reported to the appropriate authorities including police).
61. Users acknowledge and agree that your relationship with us is not a confidential, fiduciary, joint-venture, employer/employee, agency, or other type of special relationship, and that your decision to participate on our site or submit any Intellectual Property does not place us in a position that is any different from the position held by members of the general public, including with regard to your Intellectual Property.
62. Users agree that Intellectual Property may, in our sole discretion, be used, including performed or displayed, in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials.
Use of the Services
63. You must not: use the website in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, racist, unprofessional, offensive, misleading, threatening, illegal or defamatory. We reserve the right to report such actions to the appropriate authorities including the police
64. use a false email address, impersonate others, obtain a pecuniary advantage by deception, misrepresent your affiliation with others or misrepresent yourself or use the site to store or transmit harmful code or interfere with or disrupt the integrity or performance of the services or any third-party applications; or
65. attempt to gain unauthorised access to our related systems or networks. You may not access the services to monitor their availability, performance or functionality unless the reason for your doing so is to assess them for your own reference in circumstances where the details of your assessment are not to be published or provided to a third party.
66. You agree to use the website in a responsible manner and in accordance with all applicable laws. You also agree not to hack into the website, computer systems or computer systems of other users of the website or to access their personal details held on any databases. You agree not to gain unauthorised access ( including using another user's login) or cause malicious damage by the following methods , without limitation, remote keylogger attacks, attacks via AI Bots or email addresses ,deliberate attempts to overload the system, adversary in the middle attacks, email sniffers, ransomware, DDos attacks, propagating viruses, worms or other types of malicious programs, broadcast attacks, mail bombing, or any other method to try and interfere with a website or computer system or database. You are not allowed to carry out any man in the middle attacks on any part of the website or checkout or sign up process or to deep hyperlink to web pages within the website without going through the homepage or other nominated entry point.
Risk and Title
67. Risk of damage, or loss of, any Goods will pass to you when the Goods are delivered to you. You agree by using our website and these terms that we are not responsible for the content or any associated risk or loss from any social message or video from an athlete in anyway whatsoever.
CHARITY CHALLENGE TERMS
68. Specific terms in relation to charity challenges will be emailed direct to customers on their chosen email address sometime after booking and prior to any challenge event. If an event is cancelled by an athlete we will get in touch with customers and arrange funds through our third party provider Stripe according to their refund policy.
Personalised Bookings And Refunds Policy
69. Subject as stated in these Terms and Conditions, You acknowledge and agree that as the products, including but not limited to videos and social posts are custom made and personalised you have no statutory right of withdrawal. Customers who book a charity challenge are unable to cancel their booking within 14 working days of the event.
70. You can only cancel this contract up until the point an athlete accepts your booking request. After this point no refunds will be available whatsoever. If you wish to cancel before this point or before 14 working days of a charity challenge event then email us at
orders@sportistars.com.
Effects of Cancellation in the Cancellation Period
71. Refunds will be handled by our third party provider Stripe in accordance with their refund policy and terms. Please see their separate terms and conditions for full details.
Indemnity
72. You agree to indemnify, defend and hold Hutton Road/Sportistars.com/co.uk and any related websites and companies and its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the website, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including any legal fees, which are the result of, or are in any way related to, your use of the site or services, or content, or interactions with stars on or off our site or your transactions or communications with third-party vendors initiated via the site.
73. You further agree to indemnify Sportistars for any actual or alleged breach of any applicable consumer protection laws and regulations by you; and any negligence or default by you.
74. You also indemnify us for all damages suffered or incurred, whether directly or indirectly, in connection with:
75. Your use of the site and any services (including the provision by athletes of services and experiences), including without limitation to claims relating to stalking, sexual injury or harassment, verbal abuse, financial damage or damage to property,;
76. any actual or alleged infringement of any intellectual property rights by you;
77. any actual or alleged breach of any applicable privacy laws by you,
78. any actual or alleged breach of any applicable consumer protection laws and regulations by you; and negligence or default by you.
Intellectual Property
79. All right, title, and interest in and to the intellectual property in the website and services remains with us and/or our licensors. No right or licence to reproduce or otherwise use such intellectual property is granted to you by these terms.
80. All software, applications, and services, and products offered or may be offered by us are maintained by us based on your agreement with us.
81. You may not claim ownership of any products or services created and owned by us and hosted within the website or services; such are the sole property of us including all intellectual property associated with such products or services.
82. You authorise us to use, store, reproduce and manipulate your data, content and images stored within the website for the sole purpose of the provision of services.
83. Athletes confirm that all profile images uploaded are royalty and copyright free and all content is royalty free and where necessary that they have the rights holders permission to allow us to use the image(s) or content.
84. Athletes and their representatives will hold sportistars harmless for all and any copyright claims over content and images and image rights claims.
85. Users promise and represent and warrant that in their content (including but not limited to videos and photographs and any future medium as yet unknown and developed ) they own all rights in and to your Intellectual Property and that you have the right to grant the rights and that you have paid and will pay in full any fees, royalties, or other payments that are due or may become due in connection with any use of your Intellectual Property by us, customers, or third parties; is owned by them or they have authorisation from the owner to submit that content;
86. All videos and content recorded or submitted to our site by users and athletes are thereon owned by Sportistars. No one can sell or make money from any videos submitted to or through the site without the express agreement and permission of Sportistars.
87. The fee that a fan pays to request a video or content is a licence to view and share that content or video, the ownership belongs to Sportistars.
88. Non personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Trademarks
89. All logos, trade names, company names, marks, trademarks, sites and domain names of Sportistars, including but not limited to Sportistars are and shall remain the exclusive property of Sportistars and nothing in this agreement shall grant you the licence to use such marks without the express written permission of Sportistars. We also retain worldwide Goodwill in all our company and trading style name, logos and trademarks.
90. We own all right, title, and interest in the 'look and feel' of our site, including all software, media, and other content.
Duration, Termination and Suspension
91. The Contract continues as long as it takes us to perform the Services.
92. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and Our Sub-Contractors
93. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances Beyond the Control of Either Party
94. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).
Privacy
95. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
96. These Terms and Conditions should be read alongside, and are in addition to our Privacy Policy (Open Privacy Policy).
97. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
98. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
99. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
100. For any enquiries or complaints regarding data privacy, you can e-mail: data@sportistars.com.
Excluding Liability
101. The Supplier does not exclude liability for:
102. (i) any fraudulent act or omission;
103. or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
104. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
105. Disputes can be submitted to the jurisdiction of the courts of England or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
106. We try to avoid any dispute, but if you have a complaint they should email us at
orders@sportistars.com.
107. Any dispute, controversy or claim arising out of, relating to or in connection with these terms, including any question regarding its existence, validity or termination, will be resolved by arbitration in accordance with the law of England and Wales. There will only be one official arbitrator in any dispute. These terms are governed by the laws of England and Wales.
End of Terms and Conditions
