Remember that your use of EFS’s Services is at all times subject to the terms of service, as set out on our website. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.
We gather various types of Personal Data from our users, as explained in more detail below, and we use this Personal Data internally in connection with our Services, including to personalize, provide, and improve our Services, to allow you to set up a user account and profile, to contact you, to fulfil your requests for certain products and services, and to analyse how you use the Services. In certain cases, we may also share some Personal Data with third parties, but only as described below.
What Information does EFS Collect?
Information You Provide to Us:
We receive and store any information you knowingly provide to us. For example, through the registration process and/or through your account settings, we may collect Personal Data, including without limitation, the following:
- First and last name
- Email address
Certain information is required to register with us, subscribe to our Services, or to take advantage of our features.
We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our Services. If you do not want to receive communications from us, please indicate your preference by updating your account settings or clicking ‘unsubscribe’ in our emails.
Information Collected Automatically
Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which include the following:
- IP address
- Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.)
- Device identifiers
- Web browser information
- Page view statistics
- Usage information
- Location information
“Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. For more information, please review our cookies policy below.
We use third party analytics services in order to better understand user engagement with the Website. When a user browses or uses the Website, these third party analytics services may collect the user’s IP address, browser type, and approximate location (based on the IP address). They may also use web logs or web beacons and may set and access cookies on your computer or other device.
We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.
Information Collected from Third Parties
We collect Personal Data about you when third parties, such as our business partners or service providers, provide us with Personal Data about you. Such third parties provide us with Personal Data about you, such as the following:
- Account information for third party services: If you interact with a third party service when using our Services, such as if you use a third party service to log-in to our Services or if you share content from our Services through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service.
- Information from our advertising partners: We receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.
How do we use Personal Data?
We process Personal Data to operate, improve, understand and personalize our Services. For example, we use Personal Data to:
|Create and manage user profiles and content||– Contract with you|
|Communicate with you about the Services||– Legitimate interests|
|Contact you about Service announcements or updates, or other marketing & promotional material||– Legitimate interests|
|Provide support and assistance for the Services, and respond to user inquiries||– Contract with you|
|Personalize and calibrate content and communications based on your preferences||– Legitimate interests|
|Comply with our legal or contractual obligations||– Contract with you|
– Legal obligations
|Resolve disputes||– Contract with you|
– Legal obligations
– Legitimate interests
|Protect against or deter fraudulent, illegal or harmful actions||– Legitimate interests|
– Legal obligations
|Enforce our Terms of Service||– Contract with you|
– Legitimate interests
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
- Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity,” meaning that we need to process the data to perform under our Terms of Service, as well as any other agreements with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
- Your full name
- Your user name
- Your email address
- Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
- Your mailing address
- Your IP address
- Your user content
- Your usage information
Examples of these legitimate interests include:
- Operation and improvement of our business, products, Services, and Content
- Marketing our products and Services
- Provision of customer support
- Protection from fraud or security threats
- Compliance with our legal obligations outside of the EEA
- Completion of corporate transactions
- Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
- Other Processing Grounds: From time to time we may also need to process Personal Data to comply with an EEA legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
Will EFS Share Any of the Personal Data it Receives?
We do not rent or sell your Personal Data to anyone at this time. We may share your Personal Data with third parties as described in this section:
Information that’s been de-identified. We may de-identify your Personal Data so that you are not identified as an individual, and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.
- Payment processors (e.g. to receive and process your credit card transactions for us)
- Fraud prevention service providers
- Ad networks
- Analytics service providers
- Staff augmentation and contract personnel
- Hosting service providers
Unless we tell you differently, our agents do not have any right to use the Personal Data we share with them beyond what is necessary to assist us.
Business Transfers: We may choose to buy or sell assets, and may share and/or transfer user information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Data could be one of the assets transferred to or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy.
Protection of EFS and Others: We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to:
- comply with applicable law, court order, or respond to valid legal process, including from law enforcement or other government agencies;
- prevent spam or other unwanted communications and investigate or protect against fraud;
- maintain the security of our products and Services;
- protect the rights, property, or safety of EFS, our employees, our users, or others.
Consent: We also share information with third parties when you give us consent to do so.
Is Personal Data about me Secure?
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Data by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. Our information is stored on secure servers. Our security measures vary based on the sensitivity of the Personal Data we collect, process and store and the current state of technology. We also take measures to ensure sub processors that process Personal Data on our behalf also have appropriate security controls in place.
We endeavour to protect the privacy of your account and other Personal Data we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. We take various steps to protect your information, including, but not limited to, the following:
- We implement technical measures to prevent unauthorized access, and keep security patches and software up-to-date
- We restrict employee access to your information on a need-to-know basis
- We store sensitive Personal Data in encrypted form
- We encrypt all Personal Data during transfer
What Personal Data can I access?
Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
- name and password
- email address
- user profile information
The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at [email protected]
What Rights Do You Have Regarding Your Personal Data?
If you are a resident of the EEA, you have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email [email protected] Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
- Opt not to Disclose: You can always opt not to disclose information to us by emailing us at [email protected]; however keep in mind some information is required to register with us and to maintain an account.
- Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
- Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. When you update information, however, we may maintain a copy of the unrevised information in our records.
- Erasure: You can request that we erase some or all of your Personal Data from our systems.
- Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
- Right to File Complaint: You have the right to lodge a complaint about EFS’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State (see http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.html ). The Information Commissioner is the supervisory authority in the UK and can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data.
How Long Do We Retain Your Personal Data?
We retain Personal Data about you for as long as you have an open account with us and for six (6) years after you terminate your account. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation.
Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
Do we transfer EU Users’ Personal Data Outside the EU?
The Services are hosted and operated in the United Kingdom (“U.K.”) through EFS and its service providers, and if you do not reside in the U.K., laws in the U.K. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to EFS in the U.S. and will be hosted on U.K. servers, and you authorize EFS to transfer, store and process your information to and in the U.K., and possibly other countries. You hereby consent to the transfer of your data to the U.K.
We may transfer your personal information to the following countries and using the following safeguards outside the EEA:
What if I have questions about this policy?
Welcome to edgefootballstats.com (“Website”). Please read on to learn the rules and restrictions that govern your use of our Website(s), products, services and the smartphone and tablet applications available via the Apple, Inc. (“Apple”) App Store and the Google Play Store (“Application”) (together the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [email protected]
Edge Football Stats Limited (“EFS,” “we” and “us”) is a company, registered in the United Kingdom.
Will these Terms or the Services ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. However, we will not, unless you agree, make any changes in respect of any Services you have already paid for that would significantly reduce the type or level of service you receive (except if we need to do so for security, legal or regulatory reasons) and/or increase the charges you are obliged to pay.
We will always give you as much notice as we reasonably can of such significant changes, including notice of when the changes go into effect, on the understanding that you have the option of accepting them or cancelling your Subscription (as defined below) without penalty, in which case, you should notify us that you wish to cancel your Subscription through your account page or through the App Store you used for the purchase. If you do not cancel your Subscription before the date on which the changes come into effect (which we will notify to you), this will mean that you have accepted them.
We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality. Similarly, we reserve the right to remove any Content (as defined below) from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
What are the basics of using EFS?
You can sign up for an account, and select a password and user name. You provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.
In order to sign up for an account, you must be of legal age to form a binding. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You must not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- infringes or violates the intellectual property rights or any other rights of anyone else (including EFS);
- violates any law or regulation, including any applicable export control laws;
- is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- jeopardizes the security of your account with EFS or anyone else’s (such as allowing someone else to log in to the Services as you);
- attempts, in any manner, to obtain the password, account, or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- copies or stores any significant portion of the Content;
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
- bypasses the measures we may use to prevent or restrict access to the Services or Content, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content; or
- Monetizes the Content through advertising, subscriptions or other means.
A violation of any of the foregoing is grounds for our termination of your right to use or access the Services.
What are my rights in EFS?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including EFS’s) rights.
You acknowledge that EFS and its licensors own the Services. You must not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, post on other websites any copies of or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and subject to the Our Liability section below, we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. If the Services provide professional information (for example, financial, legal or medical), such information is for informational purposes only and should not be construed as professional advice.
You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
EFS has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, EFS will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you acknowledge that we are not responsible for your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that EFS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that EFS is under no obligation to become involved.
Does EFS cost anything?
Subscriptions. Certain portions of the Services may require you to sign up for a subscription in order to access them (“Subscription”). Subscriptions may be purchased by clicking on the service or subscription term you wish to subscribe to and then following the prompts that will appear on-screen. You may check and correct any input errors in your purchase up until the point at which you submit your purchase request to us by clicking the “Subscribe” button on the checkout page.
You acknowledge that by clicking on the “Subscribe” button you enter into an obligation to pay for the Subscription and a contract will be formed between you and us in relation to the Subscription ordered.
When you sign up for a Subscription, you will be charged a subscription fee, based on the type of Subscription you select and the length of your Subscription (the “Subscription Term”). The subscription fee for the Services (“Subscription Fee”) will be charged to you in advance as further described below.
The Subscription Fee will be as quoted on the Services from time to time.
We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time, but we will notify you and you will be entitled to cancel your Subscription without penalty before any such change comes into effect.
Auto-Renewal for Subscriptions. Your Subscription will be automatically renewed at the end of each Subscription Term and your Payment Method (defined below) will be charged for the next Subscription Term. If you wish to cancel auto-renewal of your Subscription for the following Subscription Term, you must cancel your plan through your account page or through the App Store you used for purchase at least one (1) day prior to the end of your then-current Subscription Term. EFS may change the Subscription Fee upon notice to you, but such change will only take effect once your then-current Subscription Term has ended. If you do not wish to pay the new Subscription Fee, you can cancel your Subscription for the following Subscription Term, prior to the expiration of your then-current Subscription Term.
Cancellation; No Refunds. You acknowledge that we start provision of the Subscription digital content immediately following acceptance of your order (which, by placing your order, you request us to do) and that you will have no right to change your mind and cancel under the Consumer Contracts Regulations if we delivered the Subscription digital content to you immediately, and you agreed to this when you purchased your Subscription.
If you cancel before the end of your Subscription Term you will have access to your account for the remainder of the Subscription Term. If you signed up for a Subscription through the iOS App Store or Google Play store, you must cancel or change your Subscription via the applicable app stores. In the event that EFS suspends or terminates your account for your breach of these terms, you acknowledge and agree that you will receive no refund or exchange for any unused time on a Subscription, any Subscription Fees for any portion of the Services, any Content associated with your account, or for anything else.
If any service you purchase is defective (in other words, it does not comply with the requirements of these Terms), you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a service is defective, you should inform us as soon as possible, by contacting us at [email protected], giving your name, email address and order reference.
Nothing in this section affects your legal rights.
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for your Subscription Fees. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Subscription in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (for example, a credit or debit card you provide) (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you on time, you agree to pay all amounts due on your Billing Account upon demand. If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorized), we may suspend or terminate your access to the Services (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until your Subscription is cancelled.
Reaffirmation of Authorization. Your non-termination or continued use of a Subscription reaffirms that we are authorized to charge your Payment Method for the applicable Subscription Fees. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected your Subscription (or as your payment terms may be amended thereafter).
Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is cancelled (e.g. for loss or theft) of if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of your Subscription under your billing account unless you have terminated your Subscription as set forth above.
Promotional Discounts and Free Trials. EFS may offer discounted Subscriptions from time to time subject to the terms under which they are offered (as indicated in our relevant promotion). Unless otherwise noted, the promotional Subscription Fee pricing is available for the first year or initial months, after which regular Subscription Fee pricing will apply. Any free trial or other promotion that provides access to Subscription must be used within the specified time of the trial. You must cancel your Subscription before the end of the trial period in order to avoid being charged for that Subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a Subscription, please contact us at [email protected]
What if I want to stop using EFS?
EFS is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including if:
- you have breached any of these Terms;
- you fail to pay any correctly billed charges when due; or
- you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.
EFS has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. If you have breached these Terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
- issue a warning to you;
- immediately withdraw your right to use any of the Services (either temporarily or permanently);
- institute legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
- disclose of all relevant information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we may take any other action we deem appropriate.
Account termination may also result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Upon termination of any Subscription or Service or your account, for any reason (including where, in accordance with these Terms, you cancel or do not renew your Subscription):
- all rights granted to you under these Terms will immediately cease;
- you must promptly discontinue all use of the relevant Services; and
- you must pay us all outstanding amounts that you owe us.
Any of these terms that, by their nature, should survive termination of the agreement between you and us shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use the EFS App available via the Apple App Store or Google Play – should I know anything about that?
These Terms apply to your use of all the Services, including the Application, but the following additional terms also apply to the Application:
If the Application that you download, access and/or use is downloaded from the Apple App Store:
- Both you and EFS acknowledge that the Terms are concluded between you and EFS only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that EFS, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, EFS, and not Apple, will be responsible for the investigation, defence, settlement and discharge of any such infringement claim;
- Both you and EFS acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and EFS acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
If the Application that you download, access and/or use is downloaded from Google Play:
- You are allowed unlimited reinstalls of the Application without any additional fee, provided that if the Application is removed from Google Pay due to (a) an allegation of infringement, or actual infringement, of any third party Intellectual Property Right; (b) an allegation of, or actual violation of, third party rights; or (c) an allegation or determination that such Product does not comply with applicable law, then the Application will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the Application.
- You may also be able to claim a refund from Google for purchases made in the Application if you qualify under the Google Play refund policy at https://support.google.com/googleplay/answer/2479637?p=play_refund.
- We grant to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the Application. The “User” means you and may also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features.
What else do I need to know?
Warranty Disclaimer. Except as expressly set out herein we make or give no representation or warranty as to the accuracy, copyright compliance, completeness, currency, correctness, decency, legality, reliability, integrity, quality or originality of any Content. to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Services or relying on any of its content. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. We cannot and do not guarantee that any content of the Services will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of Content. The services and content are provided by EFS (and its licensors and suppliers) on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.
Our Liability: Nothing in these Terms shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
- for any other liability that, by law, may not be limited or excluded.
Subject to this, if you are a consumer and not a business customer, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall EFS (or its licensors or suppliers) be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you or any other person for any indirect, special, incidental or consequential losses, or for any loss of profit, loss of revenue, loss of contracts, loss of data, loss of goodwill, work stoppage, accuracy of results, computer failure, malfunction or other similar losses, and any liability we do have for losses you suffer arising pursuant to these Terms shall not, exceed the greater of (i) £100 or (ii) the amounts paid by you to us in connection with the Services in the twelve (12) month period preceding the applicable claim and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under or in connection with these Terms that is caused by events outside our reasonable control.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without EFS’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Jurisdiction. These Terms shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
You agree that any dispute between you and us regarding these Terms will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest.
Miscellaneous. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and EFS agree that these Terms and any document expressly referred to in them are the complete and exclusive statement of the mutual understanding between you and EFS, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. We are required by law to advise you that the agreement between you and us may be concluded in the English language only and that no public filing requirements apply.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of EFS, and you do not have any authority of any kind to bind EFS in any respect whatsoever. Except as expressly set forth in the section above regarding the Application, you and EFS agree there are no third party beneficiaries intended under these Terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.
Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.
When you use and access the Service, we may place a number of cookies files in your web browser.
– To enable certain functions of the Service
– To provide analytics
– To store your preferences
– To enable advertisements delivery, including behavioral advertising
We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:
Accounts-related cookies – We may use accounts-related cookies to authenticate users and prevent fraudulent use of user accounts. We may use these cookies to remember information that changes the way the Service behaves or looks, such as the “remember me” functionality.
Analytics cookies – We may use analytics cookies to track information how the Service is used so that we can make improvements. We may also use analytics cookies to test new advertisements, pages, features or new functionality of the Service to see how our users react to them.
Advertising cookies – These type of cookies are used to deliver advertisements on and through the Service and track the performance of these advertisements. These cookies may also be used to enable third-party advertising networks to deliver ads that may be relevant to you based upon your activities or interests.
In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.
What are your choices regarding cookies
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835
For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
For the Safari web browser, please visit this page from Apple: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
For any other web browser, please visit your web browser’s official web pages.
Where can you find more information about cookies
You can learn more about cookies and the following third-party websites:
Network Advertising Initiative: http://www.networkadvertising.org/