Terms and Conditions
These are the terms relating to the use of:
- our website (at www.kickitout.org) (“Website“); and
- our mobile applications (“Applications“):
- for iPhone, iPad and other devices using the iPhone operating system (“OS”) (“Apple Applications“); and
- for devices using the Android operating system (“Android Applications“).
The Website is operated, and the Applications provided by or on behalf of Kick It Out, a limited liability company (registered number 03388001) and a registered charity in England and Wales (number 1104056) (“we” or “us“).
Our Apple Applications may be downloaded from the App Store, which is operated and owned by Apple Inc. and other companies within its group (“Apple”). Our Android Applications may be downloaded from Google Play, which is owned and operated by Google Inc. and other companies within its group (“Google“).
We will refer to the Website and Applications together as the “Kick It Out Media” (and by referring to the Kick It Out Media, we intend also to refer to any data, information or other material contained in, or accessible via, the Kick It Out Media).
Acceptance of the terms and conditions of use
Who we are and the purpose of the website and applications
Kick It Out is football’s equality and inclusion campaign which is conducted under the brand name ‘Let’s Kick Racism Out Of Football’. Kick It Out works throughout the football, educational and community sectors to challenge discrimination, encourage inclusive practices and work for positive change both in the United Kingdom and in Europe. We are supported and funded by football’s governing bodies in England, including the Professional Footballers’ Association, the Premier League and The Football Association.
The Website and the Applications contain a reporting tool (details of which are set out below) which allow you to report incidents of alleged or perceived discriminatory activity or behaviour in football. The Applications also contain a news function which keeps users up to date with the latest activities of the Kick It Out campaign.
Access to Kick It Out media
It is your responsibility to ensure that your computer, tablet or mobile device meets all the necessary technical specifications to enable you to access and use the Kick It Out Media. Apple Applications and Android Applications are only licensed for use on a device owned or controlled by you and using the Apple iPhone OS or Android OS (as applicable) so you must make sure that you use an appropriate device to access and use any Apple Application or Android Application.
We may, from time to time, restrict access to certain features, parts or content of the Kick It Out Media, or the entire Kick It Out Media.
Operation of the Kick It Out media
We cannot guarantee the continuous, uninterrupted or error-free operability of the Kick It Out Media. There may be times when all of, or certain features, parts or content of, the Kick It Out Media, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of any Kick It Out Media, or any features, parts or content of any Kick It Out Media.
The reporting tool
The Kick It Out Media have been designed to allow individuals to report any alleged or perceived discriminatory activity or behaviour which they may see or hear, on or off the football pitch, before, during or after a football event or match at any level throughout the United Kingdom.
You may use the Website or the Applications to report any alleged or perceived discriminatory activity or behaviour of any kind at football related events, including discrimination on the grounds of race, gender, religion or sexual orientation which take place in the United Kingdom.
The Kick It Out Media contain a section entitled “Report It”, and a link to an incident report form, which allows you to report incidents where you see or hear discriminatory activity or behaviour at football related events, including matches (the “Reporting Tool”). The Reporting Tool contains specific fields for reporting incidents of alleged or perceived discriminatory activity or behaviour.
When you submit a report using the Kick It Out Media, the report will automatically be sent to us, the Football Association, and any applicable football club, who may take any steps necessary to prevent any further such discriminatory activity or behaviour. We and/or the Football Association may take action against any individual or football related entity in relation to a report of alleged or perceived discriminatory activity or behaviour at our/its sole discretion (including the Football Association imposing fines or other sanctions). It may be possible for the police to use such a report in any criminal investigation which the police may pursue relating to such discriminatory activity or behaviour.
Reporting on the applications
The Applications contain a section entitled “My Info”, which allow you to submit your personal information. For ease of use and access, the form on the Applications contains fewer specific fields to report alleged or perceived discriminatory activity or behaviour than are contained on the Website. Reports and information relating to discriminatory events can be submitted anonymously on the Applications, and you may elect not to submit your personal information on the “My Info” section of the Applications. A report can, however, be used more effectively if you provide as much personal information as possible. If you elect to submit your report anonymously on the Applications, your personal details will not be transmitted with the report, and it will not be possible for us to track your personal details by any means. Geo-locational data may be sent when you submit a report using the Applications. It may be possible for the police to track data sent via the Applications.
Reporting on the website
The “Report It” section of the Website contains a page which allows you to submit your personal information. Reports and information relating to discriminatory events can be submitted anonymously on the Website, and you may elect to do so on the “Report It” section on the Website. If you do wish to submit a report anonymously via the Website, you must still provide your personal details, but then elect to submit the report anonymously by ticking the appropriate box on the Website. A report can, however, be used most effectively if you provide as much personal information as possible. If you elect to submit your report anonymously on the Website, your personal details will be transmitted with any report and can be seen by Kick It Out and the Football Association, but we will not pass your details on to any third party unless required to do so by law.
There is no registration or login process for the use of the Reporting Tool on the Applications or the Website, and there is no age restriction on the use of the Applications or the Website.
Once you have submitted a report of an incident of alleged or perceived discrimination, either on the Website or via the Applications, you should automatically receive a confirmation receipt. If you do not receive this, please contact Kick It Out at email@example.com.
We take each report of alleged or perceived discriminatory activity or behaviour extremely seriously, and may submit details of any misuse of the Kick It Out Media to the Football Association or the police if we become aware of such misuse.
Please note: a copy of each report will be forwarded to the Football Association, the football club(s) in question, and any other applicable football body including the Professional Footballers’ Association, the Premier League, the Football League, County FA or any other non-league association. If the Football Association wishes to pursue a criminal investigation, it may carry out its own investigations to that effect and a copy of a particular report may be forwarded to the relevant police authority.
The Kick It Out online shop
The Website contains a section entitled “Online Shop” (the “Kick It Out Shop”) where it is possible for you to purchase certain Kick It Out merchandise, including-shirts, flags, badges and banners. Currently all payments for any purchases on the Kick It Out Shop must be made via PayPal.
Open source software
What you are allowed to do
You may only use the Kick It Out Media for your own non-commercial personal use and only in accordance with these terms.
Subject to the following sections, you may retrieve and display content from the Kick It Out Media on a computer or mobile device, print pages from the Website and store the Kick It Out Media in electronic form.
Additional terms may also apply to certain features, parts or content of the Kick It Out Media and, where they apply, are set out in these terms or will be displayed before you access the relevant features, parts or content.
What you are not allowed to do
Except to the extent expressly set out in these terms, you are not allowed to:
- create (whether for yourself or someone else) any product or service which is the same or substantially the same as any of the Kick It Out Media;
- republish, redistribute or re-transmit any of the Kick It Out Media;
- use the Reporting Tool on either the Website or the Applications to report any person or incident which you do not genuinely believe to be discriminatory activity or behaviour;
- copy or store the Kick It Out Media other than for your own personal, non-commercial use and as may occur incidentally in the normal course of use of your browser, tablet or mobile device;
- store the Kick It Out Media (including pages of the Website) on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the Kick It Out Media;
- remove or change any content of the Kick It Out Media or attempt to circumvent security or interfere with the proper working of the Kick It Out Media or any servers on which it is hosted;
- create links to the Website from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of our website, and the linked website does not contain any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes the intellectual property rights or other rights of any third party;
- use the Applications on any computer, tablet or mobile device that you do not own or control, and you may not distribute or make the Applications available over a network where it could be used by multiple devices at the same time;
- rent, lease, lend, sell, redistribute or sublicense the Applications. You may not copy (except as expressly permitted by these terms) decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Applications, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Applications); or
- otherwise do anything that it is not expressly permitted by these terms, (all of the above being “Prohibited Acts“).
You agree and acknowledge that any attempt to do any one or more of the Prohibited Acts is an infringement of the rights of Kick It Out and its licensors. If you carry out or attempt to carry out any of the Prohibited Acts you may be subject to criminal prosecution and/or a civil claim for damages. These terms will govern any upgrades provided by Kick It Out that replace and/or supplement the original Applications, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will govern.
You must only use the Kick It Out Media and anything available via the Kick It Out Media for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
To do anything with the Kick It Out Media that is not expressly permitted by these terms, you will need a separate licence from us. Please contact us via firstname.lastname@example.org.
Your personal information - your consent to our use of personal data
If the Application that you access and use is an Apple Application:
- the Apple Application may only be accessed and used on a device owned or controlled by you and using the Apple iPhone OS;
- you acknowledge and agree that:
- Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Application, please contact us, not Apple, using the contacting us details at the end of these terms;
- although these terms are entered into between us and you (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
- except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple Application are between you and us (and not between you, or anyone else, and Apple); and
- in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
- you represent and warrant that:
- you are not, and will not be, located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country;
- you are not listed on any US Government list of prohibited or restricted parties; and
- if the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price (if any) of the Apple Application to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.
If the Application that you access and use is an Android Application:
- the Andriod Application may only be accessed and used on a device owned or controlled by you and using the Apple iPhone OS; and
- you acknowledge and agree that:
- Google has no obligation at all to provide any support or maintenance services in relation to the Android Application. If you have any maintenance or support questions in relation to the Andriod Application, please contact us, not Google, using the contacting us details at the end of these terms;
- although these terms are entered into between us and you (and not Google), Google, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
- except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Andriod Application are between you and us (and not between you, or anyone else, and Google); and
- in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Google Application infringes any intellectual property rights, Google will not be responsible or liable to you in relation to that claim.
Intellectual property rights
All intellectual property rights in and to the Kick It Out Media, and in and to any content of the Kick It Out Media (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. The trade mark “Kick It Out” is owned by Kick It Out. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property rights owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading or using any Kick It Out Media. In the event you print off, copy or store any Kick It Out Media (only as permitted by these terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
Content and its intended use
We may change the format and content of the Kick It Out Media from time to time. You agree that your use of the Kick It Out Media is on an ‘as is’ and ‘as available’ basis and at your sole risk.
Whilst we try to make sure that all information contained in the Kick It Out Media (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed.
We do not accept any liability (regardless of how it might arise) for any claim or loss arising from:
- any information provided by us on the Website or the Applications;
- any information provided by you on the Website or the Applications
- any report made by you or any other third party on the Website or the Applications; or
- any reliance on or use by you of the Kick It Out Media.
We do not enter into any terms, give any warranties or make any representations as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Kick It Out Media and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Kick It Out Media, or relying on any of its or their content.
We cannot and do not guarantee that any content of the Kick It Out Media 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.
Please submit any questions you have about these terms or any problems concerning the Kick It Out Media by email to email@example.com, by telephone on +44 (0) 20 7 842 8932 between the hours of 9am to 5pm, Monday to Friday or write to us at:
Kick It Out
19-30 Alfred Place,
The Kick It Out Media may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or any products or services referred to in such external sites.
Nothing in these terms shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded. Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.
These terms shall be governed by English law, and you agree that any dispute between us regarding them or the Kick It Out Media will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.