Fan Club Terms & Conditions
Fan Club – Conditions of Use
A. The Chelsea FC Fan Club (the “Fan Club”) is run and administered by Chelsea FC plc (“us”, “we”, “our” or the “Club”) and is governed by: (i) these Conditions of Use; (ii) the ‘General Terms and Conditions of Use’; and (iii) the ‘Rewards Terms and Conditions’, each as may be amended from time to time in accordance with their respective terms (together, the “Terms and Conditions”). In the event of any conflict or inconsistency between these Conditions of Use and the ‘General Terms and Conditions of Use’ or the ‘Rewards Terms and Conditions’, the relevant provisions of these Conditions of Use shall prevail.
B. These Terms and Conditions apply to all Fan Club memberships with effect from 1 December 2015. By (i) submitting an application to become a new Fan Club member; or (ii) using an existing Fan Club membership, in each case at any time on or after 1 December 2015, you are deemed to have accepted these Terms and Conditions.
2. APPLICATION PROCESS
Applications for Fan Club membership must be made by completing the relevant application form on the Club’s website (at www.chelseafc.com). Your application will only be deemed to have been accepted by us once we send you a confirmation email (a “Confirmation Email”). For all new Fan Club members, this Confirmation Email will also contain details of how to access your Fan Club membership.
3. PAYMENT INFORMATION
A. The Fan Club membership fees (the “Fees”) depend on the level of Fan Club membership selected and, in each case, are as set out on the Fan Club registration pages and in your Confirmation Email. You agree to pay the Fees in accordance with these Conditions of Use.
B. The Club will collect the Fees (using the most recent payment information provided you via the ‘My Account’ feature) on or around the date of your Confirmation Email and on each monthly or annual anniversary of that date thereafter (as applicable, depending on whether you have opted to pay the Fees on a monthly or annual basis). By way of example, if your Confirmation Email is received on 2nd December 2015, the initial payment will be taken on or around 2nd December 2015 and thereafter on: (i) the 2nd of each month, in respect of monthly subscriptions; or (ii) 2nd December each year in respect of annual subscriptions.
4. TERMS AND CONDITIONS OF USE
A. You warrant on an ongoing basis that all information provided by you to the Club from time to time, including your payment details, is and shall be true, accurate and complete in all respects and you agree to update your details immediately (via the ‘My Account’ feature of your Fan Club website (the “Fan Club Site”)) in the event of any change to any information previously provided.
B. You agree that you will not: (i) share or disclose your Fan Club password to any other person. Your Fan Club membership is personal to you and non-transferrable. You must immediately change your password using the 'My Account' feature on the Fan Club Site if you believe it has become known to any other person; (ii) reproduce, modify, share, distribute or publish any content received as part of your Fan Club membership (including any content contained on the Fan Club Site or in any Fan Club communications) (together, “Fan Club Content”) without our prior written approval, except that you may electronically copy and print in hard copy reasonable portions of Fan Club Content for your personal use only and not for any commercial gain; (iii) use the Fan Club Site or any Fan Club Content in any way which is abusive or unlawful, or which violates or infringes the rights of any third party (including intellectual property or privacy rights). You acknowledge that all copyright, trademarks and all other intellectual property rights in the Fan Club Content shall, as between you and the Club, remain at all times vested in the Club; or (iii) transmit any computer viruses or any other disruptive or harmful contaminants through the Fan Club Site, or otherwise use the Fan Club Site in a way that may cause it and/or any equipment used by us to provide the Fan Club Site to be interrupted, damaged, rendered less efficient or impaired.
C. You acknowledge and agree that (due to various rights restrictions to which the Club and the Club’s affiliates are subject): (i) your Fan Club membership and/or access to the Fan Club Site does not include any live streaming of Chelsea FC first team matches; and (ii) the Fan Club Site and/or its contents may not be available to access in certain countries outside of the UK.
D. From time to time, access to the Fan Club may be interrupted due to technical issues and/or suspended while the Club carries out upgrade or maintenance work. We shall endeavour to give you reasonable notice of any upgrade or maintenance work, but shall not be liable under any circumstances for any loss or damage suffered as a result of any technical issues, interruptions, suspensions, maintenance or upgrade affecting the Fan Club Site.
5. CANCELLATION & TERMINATION
A. In the event that you wish to upgrade your Fan Club membership (i.e. from ‘Basic’ to either ‘Standard’ or ‘Premium’ or from ‘Standard’ to ‘Premium’) you must notify the Club, and all such upgrades are subject to receiving confirmation from the Club in respect of the same. In such circumstances: (i) where Fees are paid on a monthly basis, the increased Fees due as a result of such upgrade will be payable with effect from your next payment date, although you will receive access to the upgraded content with effect from the date your upgrade request is confirmed by us by email; or (ii) where Fees are paid on an annual basis, you will need to pay a pro-rated increase in the Fees (covering the period between the date of your upgrade request and your next scheduled payment date) and you will only receive access to the upgraded content with effect from the date we receive this payment (as confirmed by us to you by email).
B. You may cancel your Fan Club membership by giving written notice to the Club within 14 days of receiving the Confirmation Email. In such circumstances, you will receive a refund of any Fees paid in respect of such Fan Club membership prior to the date of such cancellation.
C. You may cancel or downgrade your Fan Club membership (i.e. either from ‘Standard’ or ‘Premium’ to ‘Basic’ or from ‘Premium’ to ‘Standard’) at any time by giving the Club not less than one months’ prior written notice. In such circumstances: (i) you will not receive any refund of any amount paid prior to the date on which such cancellation or downgrade takes effect; and (ii) in the event of a downgrade request, the reduced Fees will take effect from the payment date immediately following the date on which your downgrade request takes effect.
D. The Club may cancel your Fan Club membership without cause upon giving you written notice. In such circumstances, you will receive a pro-rated refund of any Fees paid in respect of any period arising after the date of such termination.
E. In the event that the Club is unable to take payment of any Fees on the due date for the same (using the most recent payment information provided you via the ‘My Account’ feature), the Club reserves the right to: (i) continue attempting to take such payment using such payment details; and/or (ii) automatically downgrade your Fan Club membership to ‘Basic’ with immediate effect and without further notice to you, until such time as payment of the relevant Fees is received.
F. The Club reserves the right to suspend or terminate your Fan Club membership on written notice if the Club believes (acting reasonably) that you have breached these Terms and Conditions. In such circumstances, you will not be entitled to any refund of any Fees paid prior to the date of such termination.
6. CHANGES TO THESE CONDITIONS OF ISSUE
We may amend these Conditions of Use from time to time, provided that where such amendment: (i) increases the Fees payable by you in respect of your Fan Club membership; and/or (ii) materially reduces the benefits of your Fan Club membership (when taken as a whole), you may, within 14 days of the date of such amendment, cancel your Fan Club membership with effect from the date immediately prior to your next payment date.
A. The Club shall not be liable, whether in contract, tort (or delict) or otherwise (including any liability for any negligent act or omission) for: (i) any loss of profits (whether direct or indirect); (ii) any loss of revenue, business, contracts or goodwill (whether direct or indirect); or (iii) any consequential, special or indirect loss or damage, howsoever arising out of or in connection with this Agreement, even if the Club has been advised of the possibility of such loss or damage occurring, provided that nothing in this paragraph shall exclude or limit the Club’s liability in respect of any type of liability which cannot by law be excluded or limited.
B. Subject to the foregoing, the maximum liability of the Club in any 12 month period, whether such liability arises in contract, tort (including negligence), delict or otherwise, shall not in aggregate exceed £100.
Any notice given to the Club under these Conditions of Issue shall be served: (i) by email to email@example.com and shall be deemed delivered upon delivery to the your server; or (ii) by registered post to Digital Marketing, Chelsea FC plc, Stamford Bridge, Fulham Road, London, SW6 1HS and shall be deemed to have been received two working days after despatch, provided that you are able to prove (if required) that the envelope containing such notice was properly addressed.
9. GOVERNING LAW & JURISDICTION
These Conditions of Use, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with English law, and you agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions of Issue.