Terms of Use
1. Introduction
Welcome to MySportingSpace.com. By registering on this site or accessing any content, material or services that is made available by our website, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy.
You, as a client (hereafter also referred to as 'You' or 'Your') acknowledge that you have read and understood this User Agreement and agree to be bound by it. If you don't agree with (or cannot comply with) this User Agreement, please do not complete a registration, or booking with MySportingSpace (hereafter also referred to as 'We').
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarise yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. If you do not accept the changes, your sole and exclusive remedy is to discontinue using MySportingSpace.
2. Responsible Use and Conduct
You agree not to post any material that is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offence, or interfere with another client's use and enjoyment of the website.
3. Performance of the Services
3.1 How the services are provided - The sport psychology consultancy services will be provided by way of online chat communication via the MySportingSpace website or (when agreed between you and us) by telephone or other form. You will use the user name and password provided to you to access the chat area of the website and the facilities provided by way of the website will form the principal means by which the services will be provided and the principal channel of communication between you and us.
3.2 Length of a session - Our Services are provided in individual or group sessions, which are given in specific time slots that can be booked via the MySportingSpace.com website.
3.3 Cost of a session/s - Our fee for your selected session/s will be shown at the time of booking on the MySportingSpace.com website.
3.4 If you are late for a session - If you are late connecting to a session, the session will start when you connect, and continue until its scheduled end. The cost of the session will remain, and no discount or refund will be offered for this situation.
3.5 If the session gets disconnected - There may be occasions when your session gets disconnected (e.g. loss of internet connection), and you are unable to complete your session. If this occurs, you will be eligible to use any time remaining from that disconnected session at a later date (booking will be necessary).
3.6 Removal from a session - At any time during a session if in our opinion we consider that you are not following our reasonable instructions, are behaving or acting unreasonably or are offensive, then we may choose to stop and remove you from the session. In these circumstances we will offer a full refund (where applicable), of that session and any future booked sessions you currently have booked. It will be at the discretion of MySportingSpace Ltd to whether you are banned from booking any addition sessions.
3.7 If you cancel a session - If you have booked a session and you cancel or fail to logon to that session during the allotted period of time, then you will be obliged to pay the cost of that session.
3.8 If we cancel a session - There may be occasions when we have to cancel a scheduled session with you. If we cancel your session, then we will offer you another scheduled session without further charge to you or offer you a full refund of our fee for that scheduled session.
3.9 If you partake in a session but were not happy with with it and notify us within 2 days of such session, we will refund your payment and provide you with an additional 10% for any inconvenience that you may have incurred. The additional 10% will only be applied to 1 individual session and not for multiple sessions or packages.
4. Termination of Use
You agree that we may, at our sole discretion, at any time suspend or terminate your access to all or part of our website and resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
5. Copyright and Trademarks
5.1 You hereby grants to MySportingSpace a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the website. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process for a password or username, if any or to content posted during sport psychology consultancy sessions. The use of these trademarks or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. All content and materials available on MySportingSpace, including but not limited to text, graphics, website or domain names, code, images and logos are the intellectual property of MySportingSpace, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorised by MySportingSpace.com.
5.2 You will have the right to access any and all materials (such as documents, audio, video, assessments, graphs, notes, photography, software, methods, methodology, techniques, and other materials in whatever form generated by us in connection with the website) we specifically make available to you by way of the website and to print or download such materials. Such materials will be confidential to you, and you will not be entitled to amend, adapt, copy, distribute, make available or communicate to any person, publish in any form, format or medium or use or exploit in any way any such materials in any way not expressly authorised in this User Agreement without our express agreement in writing.
5.3 Any and all copyright, design right, database rights, the right to apply for trade marks, registered designs, patents or other intellectual property protection, rights in respect of know-how and trade secrets and any other rights of intellectual property in any part of the world for the entire duration of the same for all purposes in and in relation to the materials (such as documents, audio, video, assessments, graphs, notes, photography, software, methods, methodology, techniques, and other materials in whatever form generated by us in connection with the website) we specifically make available to you by way of the website, shall belong absolutely to MySportingSpace.
6. Confidentiality
6.1 We will hold, use and process any personal data relating to you in accordance with the provisions of the Data Protection Act 1998.
6.2 We shall not issue, release or disclose to any person, or publish to any person or in any medium or media, any press release, advertising, marketing or promotional materials or other information of any nature making direct and identifiable reference to you without your express written consent in respect of the material to be published, the medium or media by which the same are to be published, the dates and times of publication (where applicable or subject to our control).
6.3 You have no rights to the ownership, removal or deletion of data on our platform. All data kept by MySportingSpace and stored as part of the User Agreement will be securely stored in HIPAA level secure storage systems.
6.4 In relation to your data, you hereby provide us with the following express consents to retain your data as part of a database and use of your data in any way reasonably required in order for us to fulfil the terms of this User Agreement and to provide the services and to develop and improve the services we provide to you:
6.4.1 for research and development of any nature and for any purposes;
6.4.2 for the generation of data relating to the subject matter of the services or like subject matter for use in any and all contexts including but not limited to any advertising, marketing or promotional context and/or in the context of academic research and/or publications, provided always that you shall not be reasonably identifiable in any published data, research or materials of any kind save with your express written consent; and/or
6.4.3 in order to contact you at any time in order to propose any further or additional services provided by us or any of our chosen partner organisations, subject at all times to you having the option at any time to opt out of receiving any further communications of such.
7. Privacy
Your privacy is very important to us, and as such we’ve created a separate Privacy Policy to explain in detail how we collect, manage, process, secure, and store your private information. View our Privacy Policy here.
8. Modifications, Termination, Interruption and Disruptions
Client confirms and acknowledges that MySportingSpace may modify, suspend, disrupt or discontinue MySportingSpace or any part of the MySportingSpace.com website, whether to all clients or to client specifically, at any time with or without notice. You agree and acknowledges that MySportingSpace will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. The MySportingSpace website is dependent on third party engineering and hosting in part, and on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. MySportingSpace does not guarantee that the website will be uninterrupted or that it will be secure, consistent, timely or error-free.
9. Third Parties
This Agreement does not create or infer any rights under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to this User Agreement.
10. Governing Law
This website is controlled by MySportingSpace.com. It can be accessed by most countries around the world. By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly, you agree to use these only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
This Agreement shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the courts of England.
11. Age Requirement
You agree that by using MySportingSpace.com, you are at least eighteen (18) years of age and legally have no reason to believe you would not be judged a competent adult. If you are under 18 years of age, you must have parental consent to use our website, resources, and services; you will need to confirm this at the time of booking your appointment.
12. Warranties and Liability
Although care has been taken to ensure the accuracy of information on this Site, MySportingSpace assumes no liability therefore. Information and documents provided on this Site are provided "AS IS" and “AS AVAILABLE”. MySportingSpace hereby disclaims any representations and warranties of any kind, whether express or implied, including, but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, title or as to operation or content. MySportingSpace uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. MySportingSpace periodically adds, changes, improves, or updates the information and documents on this Site (including but not limited to products, pricings, programs, events, and offers) without notice. MySportingSpace assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk
12.1 By using our website, you understand and agree that all services and resources we provide are “as is” and “as available”. This means
that we do not represent or warrant to you that:
12.1.1 the use of our Resources will meet your needs or requirements.
12.1.2 the use of our Resources will be uninterrupted, timely, secure or free from errors.
12.1.3 the information obtained by using our Resources will be accurate or reliable, and
12.1.4 any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
12.1.5 any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
12.1.6 no information or advice, whether expressed, implied, oral or written, obtained by you from MySportingSpace.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
12.2 MySportingSpace offered services may not completely substitute for face-to-face sessions with a licensed Sport Psychologist. You should never rely on decisions purely on use of MySportingSpace. Never disregard, avoid, or delay in obtaining advice from another qualified healthcare psychologist, or by traditional face-to-face appointment; because of information or advice you received through MySportingSpace.
12.3 MySportingSpace is not intended for medical diagnosis or drug prescription or advice concerning drugs or treatment that may be appropriate for you. Please note in any event that we are not medical experts and any assessment we undertake of or in relation to you is solely for the purpose of our services provided to you and we shall not be obliged to diagnose any medical condition, provide any medical treatment or advise you in any way on medical matters, and we shall have no liability whatsoever for any failure to do so of any nature.
12.4 We warrant that we will use reasonable endeavours at all times to provide the services:
12.4.1 with that level of expert care and skill to be expected of a Sport Psychology Consultant; and
12.4.2 using only qualified staff who in have sufficient expertise to perform the services to the highest reasonable standards.
12.5 You expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. MySportingSpace.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
12.6 You agree that MySportingSpace and its affiliates shall not be liable to you or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through use of MySPortingSpace. In no event will MySportingSpace or its affiliates be liable to you or anyone else for any incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the content, the website or any other information obtained through the website. Our liability to compensate you for any loss or damage of any nature (in the case of loss or damage other than death or personal injury) in any way caused to you by us whether as a result of breach of the terms of this User Agreement, as a result of negligence or breach of any duty of any nature to you shall be limited to the total amount of the fees paid by you to us. Our liability for death and personal injury is also subject to certain limitations (refer 12.7).
12.7 Limitation and exclusion of liability for personal injury and death. We will compensate you (subject always to the terms of clause 12.6) for any loss or damage you may suffer if we fail to carry out duties imposed on us by law (including if we cause your death or personal injury by our negligence) unless that failure is attributable to:
12.7.1 Your own fault (including but not limited to any failure by you to make full disclosure to MySportingSpace of all relevant facts and matters during the assessment and/or from time to time);
12.7.2 a third party unconnected with the provision of services under this User Agreement; or
12.7.3 events which MySportingSpace could not have foreseen or forestalled even if we had taken all reasonable steps.
12.8 You hereby acknowledge and accept that although we will take all reasonable care in the execution of the sport psychology services, the effect of factors beyond our control and the very nature of competitive sport may result in a variance in the effectiveness of the services from that anticipated or targeted. You acknowledge this and the possibility that other conditions could change and affect your actual performance against the target performance, and you agree therefore that we will incur no liability to you of any nature however arising in such an event.
12.9 You will provide us with accurate information regarding your performance, state of health and physical and mental well being, as well as your competitors and the nature of any competition or event(s) in which you are engaged and to check all material prepared by us as to accuracy and appropriateness to you and you will inform us promptly if any work we prepare is inaccurate or misleading in any way.
12.10 In order to access our services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the services. You agree that any information you provide will always be accurate, correct, and up to date.
12.11 You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our resources. Accordingly, you are responsible for all activities that occur under your account/s. MySportingSpace will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge.
12.12 Attempting to gain unauthorized access to restricted areas of the website, other accounts, computer systems or networks connected to the website, through password mining or any other means is strictly prohibited.
12.13 Engaging in any activity that disrupts or interferes with our resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
12.14 Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited.
12.15 You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
12.16 We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
12.17.1 Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
12.17.2 Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
12.17.3 Contains any type of unauthorized or unsolicited advertising;
12.17.4 Impersonates any person or entity, including any MySportingSpace.com employees or representatives.
12.18 We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
12.19 We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of MySportingSpace.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our resources. All information provided as part of our registration process is covered by our privacy policy.
12.20 You agree to indemnify and hold harmless MySportingSpace.com and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
12.21 We hereby warrant to You that any and all works of whatever nature supplied to You by Us at any time shall:
12.21.1 be Our original work or will be used by Us with the permission of all relevant rights holders;
12.21.2 not infringe the copyright, patents, trade marks, registered designs, design rights, database rights, moral rights, performance rights, personality or privacy rights, or other intellectual property or other rights (including but not limited to rights in respect of passing off, defamation and malicious falsehood) of any person in any manner;
12.22 we shall ensure at all times that we have in force with a reputable insurer insurance policies which cover relevant risks (including professional indemnity) against which a prudent sports psychology consultant would insure from time to time to a level of not less than £1,000,000 (one million pounds) per claim or per series of claims, and shall provide evidence of such insurance and the payment of all relevant premiums to you upon request.
13. Contact Information
If you have any questions or comments about these our Terms of Use as outlined above, you can contact us using the form provided.