Terms of Service
The following terms and conditions (“Terms of Service” or these “Terms”) are a legal agreement between you and ActivityPro Ltd., (“ActivityPro”), and govern your access to, and use of, the ActivityPro.co.uk website (the “Website”), you downloading or installing the ActivityPro mobile application (the “App”), and your use of any of the services offered by ActivityPro (collectively with the Website and the App, the “Services”).
By clicking on the “I Agree” checkbox, downloading the App, or by accessing, browsing, or otherwise using the Website, you agree to be bound by these Terms and any of the related policies or guidelines, including any subsequent changes or modifications to them and that you have the authority to enter into these Terms personally or on behalf of the third party you have named as the user. The term “you” refers to the individual, team, club, league, or legal entity identified as the user when you registered for the Services. If you do not agree to these Terms or any changes, do not access or otherwise continue to use this Services.
These Terms of Service limit the remedies that may be available to you in the event of a dispute.
Registration
In order to access certain features of the Services you may be required to register for an account (“Account”). In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Services under the laws of the United Kingdom, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify ActivityPro immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or ActivityPro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ActivityPro has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. ActivityPro reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by ActivityPro, or if you have been previously banned from use of any of the Service.
ActivityPro Services
The ActivityPro Services provide a digital platform to manage and organize sports organizations and teams. The Services may be used by sports organizations or tournament organizers (each an “Organization”), team coaches and managers (each a “Team”), sports participants themselves (each a “Player”), or other members of a Player’s household (each a “Household Member”). Players refers to sports participants that are either participants over the age of 13, or the parent or legal guardian of a youth sports participant who is under the age of 13. The Services may be offered by ActivityPro itself, or through one or more of the Organizations or Teams who offer a branded version of the Services (an “Organization Site”) to their Players. Organizations’ and Teams’ use of the Services may be subject to supplemental terms agreed to directly with ActivityPro that alter these Terms. Players’ and Household Members’ use of the Services may be subject to terms and/or policies of the third-party Organization or Club through whom the Services are made available. ActivityPro is not responsible for the practices of Organizations or Teams that ActivityPro does not own or control. If you are a Player or Household Member with questions regarding any of the additional polices or agreements contained on an Organization Site, please contact the related Organization or Team directly.
Payment and Fees
Some elements of the Services may be offered by ActivityPro for a fee. The fees for such Services are posted on the Website and/or the App Stores and/or available with the representatives of ActivityPro. Unless otherwise agreed in writing, fees are subject to change without notice. You agree to pay ActivityPro in advance the applicable fees for the Services provided by ActivityPro under these Terms. If you elect to pay applicable fees with a credit card, ActivityPro will bill your credit card for all fees and you hereby authorizes ActivityPro to charge your credit card or to charge any form of payment you have obtained to replace your credit card. You will provide ActivityPro with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, ActivityPro reserves the right to terminate your use of the Services and in addition to seeking any other legal remedies. ActivityPro is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by ActivityPro. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in GBP and are due as set forth on the Website and/or agreed. ActivityPro’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United Kingdom taxes based solely on ActivityPro’s income. Activity pro set-up fee is an upfront payment of £50 then a service fee of 1.45% plus 1.45% for stripe payment fee.
FREE Trial
If you fail to even trial the product after signing up for a free trial, ActivityPro limited have the right to charge you for the build costs of the bespoke app. Also if you fail to cancel during the 30 day period you roll into your annual contract. (We will only charge in cases where we feel the client had no intention of using the product and ActivityPro ended up building the bespoke app.)
Subscriptions
By purchasing any Services that are sold as an ongoing subscription (each a “Subscription”), you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation of the automatic renewal of your Subscription and you acknowledge that your Subscription will be automatically extended for successive periods. Each user is subject to a minum fee over the course of a year of six hundred pounds. This can be claimed at end of first three months pro rata.
To cancel the automatic renewal of your Subscription at any time, you must contact europe@activitypro.co.uk or call +44 788 998 2649
Your renewal date will be the anniversary of your sign-up date after your initial term ends. For example, if you bought a three-month ActivityPro Subscription on November 7th, your Subscription would renew for another three months on February 7th. If you have a renewal anniversary date on the 30th or 31st of the month, your renewal date will be moved to accommodate months that do not have those dates. For example, if your Subscription was started on January 31st and had a one-month term, it will renew on February 28th (or 29th if it is a Leap Year), and thereafter your renewal date will be the 28th of each subsequent month. If you cancel the automatic renewal of your Subscription, you may use your Subscription until the end of your then-current Subscription term. ActivityPro may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method within the 48-hour notice requirement. If you cancel the automatic renewal of your Subscript, you will not be eligible for a prorated refund of any portion of the Subscription fee paid for the then-current Subscription period. If ActivityPro does not receive payment for a renewal prior to the date of renewal, ActivityPro may, in its discretion, do one or more of the following: (i) demand full payment, (ii) charge any form of payment you have obtained to replace your provided form of payment (e.g., you have obtained a replacement credit card number), and you hereby authorise ActivityPro to do so, and (iii) terminate or suspend your Subscription.
ActivityPro Payments Service
Unless otherwise clearly stated, ActivityPro payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the Terms of Service or continuing to utilise ActivityPro for payment processing services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of ActivityPro enabling payment processing services through Stripe, you agree to provide ActivityPro accurate and complete information about you and your business, and you authorise ActivityPro to share with Stripe such information and transaction information related to your use of the payment processing services provided by Stripe.
ActivityPro Payments Service Acceptable Use Policy
You are independently responsible for complying with all applicable laws in all of your actions related to your use of ActivityPro’s Payment service, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
Prohibited Activities
You may not use the ActivityPro Payments service for activities that:
violate any law, statute, ordinance or regulation.
relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law.
relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the following Money Service Business Activities: the sale of traveler’s cheques or money orders, currency exchanges or cheque cashing, or (g) provide certain credit repair or debt settlement services.
involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices.
involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes.
Activities Requiring Approval
PayPal requires pre-approval to accept payments for certain services, as set forth in the PayPal acceptable use policy, which you may access as of the date of this policy at the following link: https://www.paypal.com/us/webapps/mpp/ua/acceptableuse-full.
More Information
To learn more about the Acceptable Use Policy, please refer to europe@activitypro.co.uk.
Violations of the Acceptable Use Policy
We encourage you to report violations of this Acceptable Use Policy to ActivityPro immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email ActivityPro at europe@activitypro.co.uk.
Ownership
ActivityPro and its licensors own all rights, title, and interest in the Services (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of ActivityPro.
You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of ActivityPro or any third party. Any unauthorized use of the Services will terminate the permission or license granted by ActivityPro to you under this Terms of Service and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
You agree that submission of any ideas, suggestions, documents, and/or proposals to ActivityPro (“Feedback”) is at your own risk and that ActivityPro has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to ActivityPro a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights. Additionally, if you provide reviews or quotes about any of the Services to ActivityPro (“Reviews”), you hereby grant ActivityPro a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner and all Reviews and to include your first name in connection with ActivityPro’s use of the any such Review.
User Content
You are legally responsible for all data, content or other information (“User Content”) uploaded, posted or stored through your Account or on your Organization Site or otherwise through your use of the Services. You are responsible for any User Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. ActivityPro does not control the User Content posted via the Services and as such, does not guarantee the accuracy, integrity or quality of such content. ActivityPro reserves the right, in its sole discretion, without notice at any time, to (a) review the User Content posted via the Services; (b) edit, remove or refuse to post any User Content, in whole or in part, for any or no reason in ActivityPro’s sole discretion; (c) take any action with respect to any User Content that we deem necessary or appropriate in ActivityPro’s sole discretion, including if we believe that such User Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for ActivityPro; (d) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (e) disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request; (f) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (g) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, your violation of these Terms of Service or any other agreement between you and ActivityPro.
ActivityPro claims no intellectual property rights over the User Content you provide to the Services. Your User Content remain yours. However, you grant to ActivityPro and its related companies, affiliates and partners an irrevocable, worldwide, royalty-free license to (a) host, use, copy, store, distribute, publicly perform and display, modify, and create derivative works of (such as changes we make so that your content works better with the Services) such User Content as necessary to provide, improve and make the Services available to you and other users, including through any future media in which the Services may be distributed, (b) use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including for use in improving the Services or in marketing and business development purposes), (c) use any User Content that has been de-identified for any product development, research or other purpose (including after termination of your use of the Services), and (d) use any User Content for other purposes permitted by the ActivityPro Privacy Policy. You are responsible for making sure that you have all rights in the User Content, including the rights necessary for you to grant us the foregoing license to the User Content.
In connection with any User Content, you represent and warrant the following:
If you are an Organization or Team that uses ActivityPro to perform Services on your behalf, you agree that you are solely responsible for posting all applicable privacy policies or notifications on your Organization Site, for making all appropriate disclosures to visitors to your Organization Site and to other end users whose information you collect, and for obtaining any necessary consent(s) from such individuals, with respect to your collection and use of personal information and including your disclosure of user personal information to service providers such as ActivityPro.
If you are an Organization or Team that uses ActivityPro to perform Services on your behalf and you collect personal information from individuals, you acknowledge and agree that you will not collect or cause to be collected and shared with ActivityPro or hosted on ActivityPro’ servers certain types of personal information that could trigger state breach notification laws in the event the information is accessed by an unauthorized person, including, but not limited to, social security, driver’s license, bank account or credit card numbers, unless such information is provided to ActivityPro in a system specifically designed to protect and store such information. If such information is shared with ActivityPro or hosted on ActivityPro’ servers in a manner that ActivityPro deems to be insecure, ActivityPro has the right, but not the obligation, in its sole discretion to delete and remove any personal information stored on its systems that it deems to be stored in an unsecure manner. In the event that an incident of unauthorized access or disclosure of such data triggers state breach notification laws because of your breach of this section, you agree that you will be wholly responsible for the timing, content, cost and method of any such notice and compliance with such laws.
App Stores
You acknowledge and agree that the availability of the App is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that these Terms are between you and ActivityPro, and do not involve the App Store company. ActivityPro, not the App Store, is solely responsible for the App, including the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance and intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App. You acknowledge that the App Store company and its subsidiaries are third-party beneficiaries of the Terms and will have the right to enforce them.
Privacy
Refer to ActivityPro’s Privacy Policy to understand how ActivityPro collects, uses and discloses your personal information. Organizations and Teams agree to use any Player or Household Member information that is collected through or stored within the Services in a manner that is consistent with the Privacy Policy and to provide at least the same level of protection for personal information as that provided by ActivityPro.
Your Liability
You are solely responsible for your activities on the Services, including all content that you submit or a third party submits on your behalf or using your account. You agree to indemnify ActivityPro and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Service, including violations of the Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by any data, text, photographs, graphics, messages, ratings, forum postings, comments or other materials (collectively, “User Content”) that you submit or a third party submits on your behalf or using your account.
Furthermore, ActivityPro takes no responsibility for any damages, injuries or other consequences that occur from you using ActivityPro content (e.g., skills and drills videos). These videos are there for informational purposes only and you and you alone must decide whether you can safely perform the techniques demonstrated. Many athletic or other active endeavours or hobbies, including those which may be described or shown in the ActivityPro content, should only be performed under the direction of qualified professionals and using appropriate safety equipment and personnel. You accept all responsibility and release ActivityPro from any liability arising out of or relating to your use of such content.
Trademarks and Service Marks
“ActivityPro,” “ActivityPro.co.uk” and ActivityPro’s logos are trademarks, service marks or registered trademarks of ActivityPro Ltd. or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of ActivityPro or its suppliers or licensors. You may not use meta tags or any other “hidden text” using any of the above-referenced marks without ActivityPro’s permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of ActivityPro, and may not be copied, imitated, or used, in whole or in part, without ActivityPro’s prior written permission. All other ActivityPro names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ActivityPro.
Links and Third-Party Content
ActivityPro or third parties may provide links on the Services to other sites or content. ActivityPro has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Service. ActivityPro provides links to you only as a convenience, and the inclusion of any link on the Services does not imply ActivityPro’s affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Service, ActivityPro’s terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.
No Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK. ACTIVITYPRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, SERVICES, AND ALL CONTENT AVAILABLE THEREIN THE SITE. ACTIVITYPRO DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE.
ActivityPro is not responsible for typographical errors or omissions relating to pricing, text or photography. We cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.
Limited Liability
IN NO EVENT SHALL ACTIVITYPRO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES THEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA.
ACTIVITYPRO’S AGGREGATE LIABILITY FOR ANY ACTUAL AND DIRECT DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNTS YOU PAID TO ACTIVITYPRO DURING THE PRIOR 12 MONTH PERIOD OR £100.
You acknowledge that the above limitation of liability is a reasonable allocation of risk for your use of the Services and is a fundamental element of the basis of the agreement between you and ActivityPro. ActivityPro would not be able to provide the App or the Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of ActivityPro’s suppliers as well.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions or damages, so some of the above exclusions may not apply to you.
Conduct Policy
Please read this Conduct Policy carefully. It governs your conduct while using the Services.
Any violation of this policy may result in the suspension or termination of your access to the Services and such action as ActivityPro deems appropriate. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the policy by you.
Prohibited Conduct
The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on the Service.
You agree not to upload, post or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false and presented as truth, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
You agree not to upload, post or otherwise transmit any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Codes).
You agree not to upload, post or otherwise transmit any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You agree not to upload, post or otherwise transmit any data that potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
You agree not to upload, post or otherwise transmit any data that is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You agree not to use an account name, file or directory name, or third level domain (i.e., aaa.ActivityPro.co.uk), or other identifier that infringes or misappropriates any trademark, service mark or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship or endorsement of a third party’s products or services.
You agree not to attempt to disguise the origin of any User Content transmitted to the Service.
You agree not to act in any manner that negatively affects other users’ ability to use the Service.
You agree not to impersonate any person or entity, including, without limitation, a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity.
You agree not to interfere with the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You agree not to post content that would be harmful to minors in any manner.
You agree not to intentionally create and/or log in with multiple accounts.
System and Network Security
You are prohibited from violating the security of any system or network comprising the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Service Services or to breach security or authentication measures.
Unauthorized monitoring of data or traffic on the Service.
Interference with the Service Services including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
Using manual or electronic means to avoid any use or access limitations placed on this Service.
Enforcement
Notwithstanding anything to the contrary in this Conduct Policy, ActivityPro reserves the right, but does not assume the obligation, to investigate any violation of this Conduct Policy or any other misuse of the Services or its systems, equipment or network. ActivityPro further reserves the right (each in its sole discretion) to screen, edit, modify, remove or disable access to any content that violates these provisions or that ActivityPro deems objectionable. Without imitating the foregoing, and notwithstanding anything contrary in the ActivityPro Privacy Policy, ActivityPro reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if ActivityPro suspects you have violated this Conduct Policy or any law or regulation. ActivityPro also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
If you want to report any violations of this Conduct Policy, please contact us at: europe@activitypro.co.uk. ActivityPro will respond expeditiously to claims of copyright infringement committed on the Website.
Individual App/Projects
For individual projects – by paying initial deposit you acknowledge and accept our terms and conditions.
You ‘the company and its directors’ are liable for the full cost of any project (where payment is received by the company or by a third party relating to the project.)
Note if you give your personal address in the contract, this address and its occupants acknowledge they are involved in the project.
Termination after week four results in full payment.
General Provisions
You hereby release ActivityPro and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services or any interaction between you and any other user of the Services.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without ActivityPro’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. ActivityPro shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. You acknowledge and agree that products, services or technology provided by ActivityPro are subject to the export control laws and regulations of the United Kingdom.
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Your use of, and participation in, certain Services may be subject to additional terms and such terms will either be listed in the Terms of Service or will be presented to you for your acceptance before you use the supplemental Service.
Please note that the Terms are subject to change by ActivityPro in its sole discretion at any time. When changes are made, ActivityPro will make a new copy of the Terms of Service available on the Website. We will also update the “Last Updated” date on the Terms of Service. If ActivityPro makes any material changes, and you have registered with us to create an Account, ActivityPro will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. ActivityPro may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).
Last Updated: October 26, 2020