Terms and Conditions
Fan Club PLUS PROMOTION
GENERAL TERMS AND CONDITIONS OF USE
These Terms and Conditions (together with any other terms and conditions referred to in them) shall apply to Your use of the website located at www.chelseafc.com and its related channels (the “Chelsea Site").
By using the Chelsea Site You confirm that You accept these Terms and Conditions and agree to be bound by them. If You do not wish to be bound by these Terms and Conditions, You may not use the Chelsea Site.
As part of Our commitment to ensuring the Chelsea Site is one You want to visit time and time again We welcome your comments on any of the policies or rules set out below. To contact us please use the Contact Form on the Chelsea Site.
1.1 The Chelsea Site is operated by Chelsea FC plc, a company registered under the laws of England and Wales (company number 02536231 and VAT number 726-0650-49), whose registered office is at Stamford Bridge, London, SW6 1HS. References to “We/Us/Our” shall mean Chelsea FC plc.
1.2 "Users" means the users of the Chelsea Site collectively and/or individually as the context admits.
1.3 "You/Your" means you, a User of the Chelsea Site.
1.4 "Website" means a site on the World Wide Web.
2 OTHER APPLICABLE TERMS
2.3 The following Chat Posting Rules & Guidelines apply to Your use of the chat forums and bulletin boards which are operated through the Chelsea Site.
2.4 If you purchase products through the Chelsea Megastore (at www.chelseamegastore.com), which is accessible through the Chelsea Site, the following terms and conditions of sale apply [(www.chelseamegastore.com/stores/chelsea/help/help.aspx?hpg=terms)].
3 ACCEPTABLE USE
3.1 Any use by You of the Chelsea Site shall be in accordance with the following conditions:
(a) You must not post or transmit through the Chelsea Site any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way upon the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience or which do not comply with all relevant laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. Always treat other Users with respect.
(b) You shall not post or otherwise make available on the Chelsea Site any material which You do not own without the express permission of the owner of the material.
(c) You may not copy, download, reproduce, republish, broadcast or transmit in any manner whatsoever, any material on the Chelsea Site except as is strictly necessary for Your own personal non-commercial home use.
3.2 We cannot guarantee anonymity if You do not abide by these Terms and Conditions or post anything illegal onto the Chelsea Site.
4 THIRD PARTY WEBSITES
4.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Chelsea Site, and do not endorse and are not responsible or liable for any content, advertising, products or services on or available from such Websites or material, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available on or available from such Websites or material.
4.2 Any dealings between You and any advertisers or merchants found on or via the Chelsea Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between You and the relevant advertiser or merchant. You agree not to hold Us liable for any loss or damage of any kind incurred as the result of any such dealings.
5 INTELLECTUAL PROPERTY
5.1 All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Chelsea Site shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors and may not and agree not to assist or facilitate any third party to copy, reproduce, transmit, distribute, commercially exploit or create derivative works of such material or content.
5.2 If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
5.3 You acknowledge that by posting materials on the Chelsea Site You grant to Us and Our licensors and assigns an irrevocable, perpetual royalty free worldwide licence to use the materials within the Chelsea Site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
5.4 If You use material or content supplied as part of the Chelsea Site in breach of these Terms and Conditions, Your right to use the Chelsea Site will cease immediately and You must, at Our option, return or destroy any copies, reproductions, transmissions, distributions or derivative works of such material or content that You have made.
6. LIVE STREAMING OF CHELSEA TV
6.1 Members of Chelsea Fan Club Plus+ are able to access a subscription area of the Website which includes access to video content, including live streaming of Chelsea’s pre season tour matches (the “Subscription Area”), subject to these terms and conditions and in particular the following restrictions:
(a) Your rights shall be limited to the viewing of files and You are not permitted to send any content from the Subscription Areas to other users.
(b) You shall be responsible for any use of the Subscription Areas by a third party using Your PC.
(c) When accessing and using the Subscription Areas You shall comply with all applicable laws and regulations in the country from which You access the Subscription Areas.
(d) You are responsible for keeping your subscription password secure and confidential.
(e) You shall be responsible for installing the necessary software on the Subscriber PC in order to view the video content. We shall have no responsibility for the operation of such software.
(f) You acknowledge that the Subscription Areas and/or live video content may not be available in certain territories outside of the UK. This is due to rights restrictions. You will receive a notification when attempting to watch live video content if You are unable to watch the content due to such rights restrictions.
7 OUR RIGHTS
7.1 We reserve the right, at any time, to modify, alter, or update these Terms and Conditions without notice, and You agree to be bound by any such modifications, alterations or updates which are posted on the Chelsea Site. You should check these Terms and Conditions regularly to ensure that you are aware of any changes we may have made.
7.2 We reserve the right, at any time, to modify, alter, or update the content of the Chelsea Site. Note, however, that We are under no obligation to update the content of the Chelsea Site, nor do We guarantee that the Chelsea Site, or any content on it, will be free from errors or omissions.
7.3 Material which is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and give no endorsement of such material. We reserve the right to monitor the contributions posted to any of the bulletin boards or chat forums on the Chelsea Site and may respond to or comment upon communications by You and edit, refuse to post or remove any content from the bulletin boards and chat forums in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.
8 limitation of liability
8.1 To the extent permitted by law, We make no warranties, express or implied, as to the content of the Chelsea Site or the accuracy, timing or reliability of any information or statements contained therein, or statements, advice and opinions given by Users on the bulletin boards and chat forums which are those of such Users only. We neither endorse nor shall be held responsible for the reliability or accuracy of the same and We are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided on the Chelsea Site. If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us.
8.2 We will endeavour to provide and to update the content on the Chelsea Site using all reasonable care. However, to the extent permitted by law, We exclude all implied warranties as to quality, accuracy or fitness of the Chelsea Site and We do not warrant that the material contained in the Chelsea Site, any of the functions contained in the Chelsea Site and the server will operate without interruption or delay or will be error free, complete, up-to-date or free of viruses or bugs or is compatible with any other software or material.
8.3 We shall not be liable in contract, tort, negligence, breach of statutory duty, or otherwise for any loss or damage whatsoever in any way connected with:
(a) Your use of, or inability to use, the Chelsea Site; or
(b) Your use of or reliance on any content displayed on the Chelsea Site,
whether direct or indirect, or foreseeable or not, including, damage to software or hardware, damage for loss of business, loss of profits, or any other consequential loss.
8.4 Note that we only provide the Chelsea Site for domestic and private use. You agree not to use the Chelsea Site for any commercial or business purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.5 Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury resulting from negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law, which has been committed by Us, our servants, agents or employees.
8.6 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products made to You through the Chelsea Megastore (at www.chelseamegastore.com), which is accessible through the Chelsea Site. These limitations and exclusions are set out in the following terms and conditions of sale [(www.chelseamegastore.com/stores/chelsea/help/help.aspx?hpg=terms)].
9.1 We shall comply with applicable UK Data Protection legislation from time to time in place in respect of any personal information relating to You gathered by Us.
We give Our ongoing commitment to ensure through Our policy of safety that You can use the Chelsea Site with confidence. When using the Chelsea Site, in particular any bulletin boards or chat forums, You should always take the following precautions:
10.1 Keep Your identity private. Do not give out Your full name, postal address, telephone number, e-mail address, the name of Your school or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity.
10.2 Never meet with someone in person that You meet online.
10.3 Do not reply to any messages that are hostile, rude or inappropriate, or in any way make You feel uncomfortable. Instead, let Us know about them by emailing Us using the Contact Form.
10.4 If You choose, or are provided with, a User identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential and not disclose it to any third party. Should You know or suspect that anyone other than You knows Your user identification code or password, You should promptly notify Us by email using the Contact Form.
You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by You or any other liabilities arising out of Your use of the Chelsea Site.
We shall have the right immediately to terminate Your use of the Chelsea Site if We determine in Our sole discretion that You have breached these Terms and Conditions or have otherwise been engaged in conduct which We determine in Our sole discretion to be unacceptable. This may include, where applicable, disabling Your user identification code or password, whether chosen by You or allocated by Us.
Should You wish to make any comments to Us about the Chelsea Site or if you have any questions relating to the same please contact Us using the Contact Form.
14.1 If any of these Terms and Conditions are determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these Terms and Conditions and the remainder of these Terms and Conditions shall continue to have full force and effect.
14.2 These Terms and Conditions are governed by English law and both You and Us hereby submit to the non-exclusive jurisdiction of the English courts.
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PROMOTIONS TERMS AND CONDITIONS
1. These terms and conditions (“General Promotion Terms”) apply to promotions run by Chelsea FC plc, a company registered under the laws of England and Wales (company number 02536231 and VAT number 726-0650-49), whose registered office is at Stamford Bridge, London, SW6 1HS (“Chelsea FC”), and also to promotions run on behalf of or in association with Chelsea FC by a third party promoter. The term “Promoter” in these General Promotion Terms shall mean Chelsea FC or a third party promoter, as the case may be. These promotions will either take the form of a prize draw (where all you need to do is register in order to enter and be considered for the prize) or a competition (where you need to answer one or more questions correctly or complete a task to be considered for the prize) (each a “Promotion” and together, “Promotions”). The General Promotion Terms will only apply to Promotions which are free to enter (except for the normal cost of postage or standard cost of a phone call or text). No purchase necessary.
2. Each Promotion will include specific rules for that Promotion (the “Promotion Rules”). Unless otherwise specified in the Promotion Rules, the General Promotion Terms apply to all Promotions. Where the General Promotion Terms shall apply to a Promotion, they shall form part of the Promotion Rules. If there is any difference between the terms of the Promotion Rules and the terms of the General Promotion Terms, the Promotion Rules shall take precedence.
4. Please read these General Promotion Terms and the Promotion Rules carefully. By entering a Promotion, you agree to be bound by the Promotion Rules and, as applicable, the General Promotion Terms.
5. Unless otherwise stated in the Promotion Rules, the Promoter of all Promotions is Chelsea FC. The Promotion Rules will specify the identity of any Promoter other than Chelsea FC for a particular Promotion and contain contact details for that Promoter.
6. The Promotion Rules will state the minimum age limit (if any) for entry to a Promotion. Unless stated to the contrary, Promotions are only open to persons aged 18 or above.
7. Only one entry per person to each Promotion is permitted unless specified to the contrary in the Promotion Rules.
8. The Promotion Rules will set out the process for entry to the Promotion, including how to make your entry.
9. The Promotion Rules will set out how the winner for a particular Promotion will be selected. By completing your details and following the entry process in the Promotion Rules you will automatically be entered into that Promotion.
10. Promotions will, where appropriate, be supervised by an independent adjudicator.
11. You may not enter any Promotion if you are connected to the Promoter or Chelsea FC, if different, or any associated company or subsidiary, its sponsors or agents or anyone professionally connected with the Promotion (in each case including all employees and their family members).
12. The Promotion Rules will specify the start and closing date for a Promotion. The Promotion Rules will also specify how long after the closing date and by what means (e.g. by phone or email) the winner will be notified, and how and when any prize may be claimed.
13. The Promoter's decision is final and no correspondence will be entered into.
14. Proof of emailing or posting will not be taken as proof of receipt of a Promotion entry and the Promoter shall not be liable for any entry which is lost or not received.
15. The Promotion Rules will specify the number and nature of the prizes awarded through a Promotion. Prizes are non-transferable. No cash alternative is available. The Promoter reserves the right to provide alternative prizes of equal or greater value.
16. The Promoter owns all intellectual property rights in, and is permitted to exploit (including in any media), a Promotion entry. In entering a Promotion, you assign to the Promoter by way of future assignment any and all intellectual property rights in, and waive all moral rights in relation to, your entry.
17. The Promoter or Chelsea FC, if different, reserves the right, acting reasonably and in accordance with all relevant legislation and codes of practice, to:
a) vary the Promotion Rules and/or General Promotion Terms for a particular Promotion at any time;
b) cancel the Promotion at any stage, if deemed necessary in its opinion, or if circumstances beyond its control occur;
c) refuse entry of, or to refuse to award a prize to, anyone in breach of the General Promotion Terms or Promotion Rules; and
d) undertake all such action as is reasonable to protect itself against fraudulent or invalid claims including, without limitation, to require further verification as to the identity, age or other relevant details of the prize winner.
18. Neither the Promoter nor Chelsea FC, if different, shall be liable, in contract, tort (including, without limitation, negligence), breach of statutory duty or otherwise, for:
a) any interruption to the Promotion due to circumstances beyond its control;
b) any part or the whole of any prize, including the actions of any third party where relevant (e.g. hotels, transport carriers, prize manufacturers or suppliers). Where the prize involves services or goods to be provided to the winner by the third party, those services and goods are subject to the terms and conditions of the third party provider; or
c) any other loss or damage suffered by you as a result of entering a Promotion, including loss of business, profits, goodwill and reputation.
19. Nothing in these General Promotion Terms shall exclude or limit the liability of the Promoter or of Chelsea FC, if different, for death or personal injury resulting from negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law, which has been committed by the Promoter or Chelsea FC, if different, or their servants, agents or employees.
20. The Promoter will publish and disclose to those who request it the name and county of major prize winners as part of the Promotion . The Promotion Rules will specify how long after the closing date the winner's details will be available. If you would like details of the winner please send a stamped addressed envelope, to [name of Promotion], Data Protection Office, Chelsea FC, Stamford Bridge, Fulham Road, London, SW6 1HS or, where the Promoter is not Chelsea FC, to the address specified in the Promotion Rules.
21. Chelsea FC and/or the Promoter, if different, may require winners to participate in reasonable publicity activity such as, but not limited to, publicity photographs and interviews. The Promoter and/or Chelsea FC, if different, may use the names and likeness of winners, including any publicity photographs or interviews for promotional or marketing purposes. Acceptance of a prize will be deemed as acceptance by the winner to participate in such publicity and allow his/her name and likeness to be used for these purposes.
23. By entering the Promotion you agree that Chelsea FC, the Promoter (if different), and their authorised agents and representatives may use the details you provide: (a) for the purpose of administering the Promotion; (b) to contact you (by post, phone, fax, e-mail or SMS) with information on products or services that may be of interest to you; and (c) to disclose your details to carefully selected third parties who may also contact you (by post, phone, fax, e-mail or SMS) with products or services that they think may be of interest to you. If you do not wish to receive such information please indicate your preference at the time of entry to the relevant Promotion in the manner specified in the Promotion Rules or contact the Promoter at the address given above any time. You further agree that Chelsea FC, the Promoter (if different) and their authorised agents and representatives may from time to time transfer your details to recipients in countries outside the European Economic Area (which may offer lower standards of data protection) to be used for the above purposes.
24. The General Promotion Terms and all Promotion Rules are governed by and construed in accordance with the laws of England and Wales.
25. Chelsea Megastore promotions : Offer applies to full price Merchandise only and excludes gift cards, match day programmes and magazines. Cannot be used in conjunction with any other offer .