Club Control Hub

Terms and Conditions

Welcome to Kappita Management!

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the Kappita Management Ltd Website available at https://clubcontrol.co.uk/ referred to as ‘Club Hub’ (Website) and our ‘Key Club App’ Mobile Application (App), together the Services (Services). By using our Services, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Kappita Management Ltd, company number: 09312459 being a company incorporated in England and Wales with registered office address at Suite 1 Chowley Court, Chowley Oak Lane, Tattenhall, Cheshire, England, CH3 9GA (Kappita Management, we, us, or our).

The remainder of this agreement is divided into three parts:

  • Part A (All Users), which sets out terms that apply to all Users of the Website and Mobile App;
  • Part B (Website), which sets out additional terms that apply to Users of the Website; and
  • Part C (Mobile App), which sets out additional terms that apply to Users of the downloadable Mobile App.

Part A All Users

1 YOUR OBLIGATIONS

You must not:

  1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website or App without our express consent;
  2. use the Website for App for any purpose other than the purposes of browsing, enquiring, or engaging with our services by managing their club subscriptions, updating payment methods and personal details, contacting designated club officials, and accessing their digital membership card for secure entry and club benefits;
  3. use, or attempt to use, the Website or App in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  4. send or upload anything that is (or might be considered to be) defamatory, offensive, obscene, containing or representing sexually explicit images and/or discriminatory (including but not limited to, in relation to race, gender, religious beliefs, sexual orientation or disability);
  5. use, or attempt to use, the Website or App in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  6. use the Website with the assistance of any automated scripting tool or software;
  7. act in a way that may diminish or adversely impact our reputation, including by linking to the Website or App on any other website; and
  8. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    1. gaining unauthorised access to Website or App accounts or data;
    2. transmit any harmful software code such as viruses;
    3. scanning, probing or testing the Website or App for security vulnerabilities;
    4. overloading, flooding, mailbombing, crashing or submitting a virus to the Website or App; or
    5. instigate or participate in a denial-of-service attack against the Website or App.

2 ACCEPTABLE USE

  1. Kappita Management reserves the right to delete any Content which is not compliant with present clause 2.
  2. Any submission you make to the Website and App, and any other communication to users of the Website or App by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, any submission or communication by you must be:
    1. not defamatory or likely to give rise to an allegation of defamation;
    2. not offensive, obscene, sexually explicit, discriminatory or deceptive;
    3. unlikely to cause offence, embarrassment or be construed as, or constitute harassment to others;
    4. factually accurate or your own genuinely held belief; and
    5. your own original work (where applicable) and lawfully submitted.
  3. While we use all commercially reasonable efforts to make sure that the Website and App is secure and accurate, we do not actively monitor or check at all times whether information supplied to us through the Website and App is factual, exact, confidential, commercially sensitive or valuable.
  4. Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Website or App will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

3 REPORTING MISUSE

If you become aware of misuse of the Website or App by any person, any errors in the material on the Website or App, or any difficulty in accessing or using the Services, please contact us immediately using the contact details or form provided on our Website.

4 PRIVACY

You agree to be bound by our Privacy Policy, which can be found here.

5 LIABILITY

  1. We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Website and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this Website.
  2. To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
  3. Nothing in these Terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.

6 COLLECTION OF TECHNICAL INFORMATION

We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the Website and App. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.

7 TRANSFERRING THESE TERMS

  1. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
  2. You are not allowed to transfer your rights under these terms to anyone without our prior written consent.

8 GENERAL

8.1 GOVERNING LAW AND JURISDICTION

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

8.2 THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

8.3 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

8.4 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

8.5 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

8.6 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

8.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

8.8 INTERPRETATION

  1. (singular and plural) words in the singular includes the plural (and vice versa);
  2. (gender) words indicating a gender includes the corresponding words of any other gender;
  3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms (this agreement), and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
  7. (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
  8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  9. (includes) the word “includes” and similar words in any form is not a word of limitation;
  10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
  11. (currency) a reference to £, or “pounds”, is to Pound Sterling currency, unless otherwise agreed in writing.

Part B Website

9 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

10 INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

  1. the Website will be free from errors or defects;
  2. the Website will be accessible at all times;
  3. messages sent through the Website will be delivered promptly, or delivered at all;
  4. information you receive or supply through the Website will be secure or confidential; or
  5. any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

11 INTELLECTUAL PROPERTY

  1. We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
  2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.

12 LINKS TO OTHER WEBSITES

  1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites, and we are not responsible for it.
  2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

13 SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

Part C MOBILE APP

If you do not agree to these terms, we will not allow you to use the App and you should not download it.

In this Part:

  • references to the ‘App Store’ means Apple’s App Store and we refer to their rules and policies contained in the Apple Media Services Terms and Conditions as the ‘App Store Rules’.
  • references to ‘Google Play’ means the app distribution platform operated by Google and known as Google Play, and we refer to Google’s terms of service (and other applicable terms) collectively as ‘Google’s Rules’.
  • in clauses where we use the phrase “App Store Rules or Google’s Rules (as applicable)”, we intend for the App Store Rules to apply to users who have obtained the App via the Apple App Store, and for Google’s Rules to apply to users who have obtained the App via the Google Play distribution platform.

1 THESE TERMS

  1. These terms are an agreement is made between us you and us and:
    1. Apple is not a party to this agreement and has no responsibility for the app or its content; and
    2. Google is not a party to this agreement and has no liability under it.
  2. We license you to download and use the App:
    1. For iOS users, onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the App Store Rules
    2. For Google Play Store users, to use the App provided you follow all of the rules described in this agreement and also Google’s rules.
  3. The licence:
    1. is only for you personally (and anyone else that the Apple or Google (as applicable) and for non-business use;
    2. starts when you download the App; and
    3. covers content, materials, or services accessible from, or bought in, the App including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept
  4. The App can be accessed, used and downloaded by other accounts that are associated with you through family sharing or volume purchasing in accordance with the App Store or Google’s Rules (as applicable).
  5. You must comply with the App Store Rules and Google’s Rules (as applicable) as well as these terms but, if there is any conflict between them, you should follow the App Store Rules or Google’s Rules rather than the equivalent rule here.
  6. You do not own the App or any of its contents, but you may use it on devices that you own or control, as permitted by these terms and by the App Store Rules or Google’s Rules (as applicable).
  7. If you sell or give away the device on which you have downloaded the App, you must first remove the App from the device.
  8. You are not allowed to:
    1. modify the App’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
    2. deliberately attempt to avoid or manipulate any security features included in the App; or
    3. pretend that the App is your own or make it available for others to download or use (including by way of copying the code of the App and creating an independent version).

2 SUPPORT AND CONTACT

  1. We are responsible for customer service in relation to the App and can help you if you are having any issues.
  2. For iOS user, you acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the App, although if the App is faulty, you may be able to claim a refund for paid content or services — please see clause 19)
  3. For Google users, you acknowledge that Google has no obligation to provide any support or maintenance services in relation to the App. Refunds may be available to you in a range of circumstances, either from Google or from us. See Google’s refund policies for more information.
  4. If we need to get in touch with you, we will do so by email.

3 UPDATES TO THE APP

  1. We may update the App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that, we will ensure that the App still meets the description of it that was provided to you at the time you downloaded the App.
  2. Updates will either download automatically, or you may need to trigger them yourself, depending on your device, its settings and the app store.
  3. We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the App updated to the latest version that we make available.

4 EXTERNAL SERVICES

  1. The App may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
  2. We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
  3. You must not use external services in any way that:
    1. is inconsistent with these terms or with the terms of the external service; or
    2. infringes our intellectual property rights, or the intellectual property rights of any third party.
  4. From time to time, we may change or remove the external services that are made available through the App.

5 LIABILITY

  1. If the App fails to meet the standards required by law (including that the App is of satisfactory quality, fit for purpose and as described), please contact Apple who will provide you with a full refund of the price you paid for the App, in the event that the App was not made available for free. Apple has no other responsibility or obligation in relation to the App beyond providing a refund in the circumstances described in the present clause 18(a).

14 OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

  1. The intellectual property rights in the App and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the App (the ‘Content’) are owned by us and our licensors.
  2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, patents, trademarks, service marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners or licensors of them and are free to use them as we see fit.
  3. Nothing in these terms grant you any legal rights in the App or the Content other than as necessary for you to access it and use it. You agree not to adjust, try to circumvent or delete any notices contained in the App or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
  4. Trademarks and the associated logos within our app are the unregistered trademarks of Kappita Management Ltd. Other trademarks and trade names may also be used on the App or in the Content. Use by you of any trademarks on the App or in the Content is strictly prohibited unless you have our prior written permission.

6 FAILURES OF NETWORKS OR HARDWARE

The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the App Store or Google Play (as applicable), are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty GPS signal, failing in the API with any suppliers of our Content or related features), App Store failure or failure of Google Play to function properly (as applicable) or anything else that it would not be reasonable to expect us to control.

7 THIRD PARTIES

  1. No one other than us or you have any right to enforce of these terms, except that in the case of iOS users:
    1. Apple and Apple’s subsidiary companies are third party beneficiaries of these terms and to this agreement. This means that if you breach any of these terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.