Terms & Conditions and Ground Regulations
Kaizen Ticketing Solutions LTD (www.kaizenticketing.com) owns and operates this Website. This document governs your relationship with Southport FC. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and Southport FC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Southport FC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Southport FC and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Southport FC you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Southport FC retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Southport FC or may in some cases be a third party. Where a contract is made with a third party Southport FC is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Southport FC and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Southport FC's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Southport FC and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected toSouthport FC.
You agree to indemnify, defend and hold harmless Southport FC, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Southport FC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Southport FC. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Southport FC.
THE NATIONAL LEAGUE - GROUND REGULATIONS
Notice: Entry to the Ground is expressly subject to acceptance by the visitor of these Ground Regulations and the rules and regulations of FIFA, UEFA, The Football Association and The National League in respect of the relevant competition. The Ground Regulations incorporate the Club's Customer Charter (if any). Entry to the Ground shall constitute acceptance of the Ground Regulations.
"Ground" means this football stadium and all locations owned, occupied or utilised by the Club. "Club" means this football club. "Match" means any association football match (or any part or aspect of such a match) taking place at the Ground. "Material" means any audio, visual or audio-visual material or any information or data. “Football Authorities” means The National League, The Football League, The Premier League,The Football Association, the Football Association ofWales, FIFA, UEFA and any other relevant governing body of association football.
1. Notwithstanding possession of any ticket the Club, any police officer or authorised steward may refuse entry to (or eject from) the Ground any person:
1.1 that fails (or in the Club's reasonable opinion is likely to fail) to comply with these Ground Regulations or any reasonable instruction issued by a police officer or authorised steward; and/or
1.2 whose presence within the Ground is, or could (in the Club's reasonable opinion), constitute a source of danger, nuisance or annoyance to any other person.
2. On no account will admission be granted to a person who is the subject of a current Banning Order under the Football Spectators Act 1989 (as amended) or has been convicted of ticket touting offences under the Criminal Justice and Public Order 1994 (as amended).
3. The Club excludes to the maximum extent permitted by law any liability for loss, injury or damage to persons/property in or around the Ground.
4. No guarantees can be given by the Club that a Match will take place at a particular time or on a particular date and the Club reserves the right to reschedule the Match without notice and without any liability whatsoever.
5. In the event of the postponement or abandonment of the Match, refunds (if any) will be made in accordance with the Club's Customer Charter.The Club will have no further liability whatsoever, including (but not limited to) any indirect or consequential loss or damage, such as (but not limited to) loss of enjoyment or travel costs.
6. All persons seeking entrance to the Ground acknowledge the Club's right to search any person entering the Ground and to refuse entry to or eject from the Ground any person refusing to submit to such a search.
7. The following articles must not be brought within the Ground - knives, fireworks,smoke canisters, air-horns, flares, weapons, dangerous or hazardous items, laser devices, bottles, glass vessels, cans, poles and any article that might be used as a weapon and/or compromise public safety.Any person in possession of such items will be refused entry to the Ground.
8. Further, you may not bring into the Ground any sponsorship, promotional or marketing materials save in respect of official club merchandise and/or other football related clothing worn in good faith nor may you offer (either free or for sale by any person) any goods (including literature) of any nature without the express written approval of the Management.
9. The use of threatening behaviour, foul or abusive language is strictly forbidden and will result in arrest and/or ejection from the Ground.The Club may impose a ban for one or more Matches.
10. Racial, homophobic or discriminatory abuse, chanting or harassment is strictly forbidden and will result in arrest and/or ejection from the Ground.The Club may impose a ban for one or more Matches.
11. The following acts are offences under the Football (Offences) Act 1991 (as amended):
11.1 The throwing of any object within the Ground without lawful authority or excuse.
11.2 The chanting of anything of an indecent or racialist nature.
11.3 The entry onto the playing area or any adjacent area to which spectators are not generally admitted without lawful authority or excuse. Conviction may result in a Banning Order being made.
12. All persons entering seated areas of the Ground may only occupy the seat allocated to them by their ticket. No person entering the Ground should move from any one part of the Ground to another part without the express permission or instruction of any steward, officer of the Club and/or any police officer.
13. Nobody may stand in any seating area whilst play is in progress. Persistent standing in seated areas whilst play is in progress is strictly forbidden and may result in ejection from the Ground.The obstruction of gangways, access ways, exits and entrances,stairways and like places is strictly forbidden. Nobody entering the Ground shall be permitted to climb any structures within the Ground.
14. National League stadia are subject to Laws governing smoking.These Laws must be observed and smoking will not be permitted within particular marked areas of the Ground where it is prohibited.
15. Mobile telephones and other mobile devices are permitted within the Ground PROVIDED THAT (i) they are used for personal and private use only (which, for the avoidance of doubt and by way of example only, shall not include the capturing, logging, recording, transmitting, playing, issuing, showing, or any other communication of any Material for any commercial purposes); and (ii) no Material that is captured by a mobile telephone or other mobile device may be published or otherwise made available to any third parties including, without limitation, via social networking sites.
16. Under the Sporting Events (Control of Alcohol etc) Act 1985 (as amended)*, the following are offences for which a person can be arrested by a police officer and conviction could result in a Banning Order being made:
16.1 Attempting to enter the Ground or being inside the Ground whilst drunk;
16.2 Being in possession of any intoxicating liquor, or bottle, can or other portable container and which could cause damage or personal injury, when entering the Ground or in a public area of the Ground from which the event can be directly viewed.
*The Sporting Events (Control of Alcohol Act etc) 1985 does not apply to National League North or National League South matches unless Clubs from these Divisions are playing against teams from a higher Division, e.g.The Premier League; the Football League or The National League.
17. Any individual who has entered any part of the Ground designated for the use of any group of supporters to which he does not belong may be ejected from the Ground either for the purposes of his own safety or for any other reason.
18. Save as set out in paragraph 16 above, no person (other than a person who holds an appropriate licence) may capture, log, record, transmit, play, issue, show or otherwise communicate (by digital or other means) any Material in relation to the Match, any players or other persons present in the Ground and/or the Ground, nor may they bring into the Ground or use within the Ground (or provide to, facilitate or otherwise assist another person to use within the Ground) any equipment or technology which is capable of capturing, logging, recording, transmitting, playing, issuing, showing or otherwise communicating (by digital or other means) any such Material. Copyright, database rights and any other intellectual property rights in any unauthorised recording or transmission is assigned (by way of present assignment of future rights) to the Club and The National League.You further agree (if and whenever required to do so by the Club and/or The National League) to promptly execute all instruments and do all things necessary to vest the right, title and interest in such rights to the Club and The National League absolutely and with full title guarantee.
19. No goods (including literature) of any nature may be offered either free or for sale by any person within the Ground without the express written permission of the Club.
20. Tickets are not transferable and may not be offered for sale without the prior written permission of the Club.Any tickets that are transferred are transferred subject to these Ground Regulations. Any tickets offered for sale may be confiscated by any steward, officer of the Club or any police officer.The Club reserves the right to refuse admission to or eject from the Ground, any person who has transferred his/her ticket in contravention of the relevant ticket terms and conditions (and/or the holder of any ticket that has been transferred in contravention of the relevant ticket terms and conditions.) Tickets remain the property of the Club at all times.
21. CCTV cameras may be in use in and around the Ground and the Club may itself use or pass to the police or any Football Authority or other clubs, any recordings for use in any proceedings.
22. At all times whilst present in the Ground, persons must comply with any and all instructions of any steward or officer of the Club and/or any police officer. Failure to comply with any instruction may lead to immediate ejection from the Ground.
23. By entering the Ground, all persons are acknowledging that photographic images and/or video recordings (and/or stills taken from video recordings) may be taken of them and may also be used, by way of example and without limitation, in televised coverage of the game or by or on behalf of the Club or any Football Authority (or their commercial partners) for marketing, training or promotional purposes. Entry into the Ground is confirmation that all persons have consented to such use of their image. If these images should feature an individual prominently the Club will make reasonable efforts to gain the consent of that person before publishing such images, however, if this is not possible, then entry into the Ground shall be deemed consent unless the Club is notified in writing to the contrary.
24. Further to paragraph 24, if such person is under 18 years of age, the parent, guardian, or responsible adult who is accompanying them into the Ground shall be deemed to have provided consent on their behalf.
25. Refused entry to (or ejection from) the Ground may lead to further action by the Club including, but not limited to, the withdrawal of any season ticket (without reimbursement), Club Membership and other benefits.
Published by The Football Conference Limited – June 2015.