Terms & Conditions

WEBSITE TERMS OF USE

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Football In Fusion's relationship with you in relation to this website.

The term 'Football In Fusion' or 'us' or 'we' refers to the owner of the website TXT Fusion Limited t/a Football In Fusion (“FIF”) of 35 Firs Avenue, London, United Kingdom, N11 3NE, Company No. 07149915.

The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pagesof this website is for your general information and use only. It issubject to change without notice.
Neither we nor any thirdparties provide any warranty or guarantee as to the accuracy, timeliness,performance, completeness or suitability of the information and materialsfound or offered on this website for any particular purpose. Youacknowledge that such information and materials may contain inaccuraciesor errors and we expressly exclude liability for any such inaccuracies orerrors to the fullest extent permitted by law.
Your use of anyinformation or materials on this website is entirely at your own risk, forwhich we shall not be liable. It shall be your own responsibility toensure that any products, services or information available through thiswebsite meet your specific requirements.
This website containsmaterial which is owned by or licensed to us. This material includes, butis not limited to, the design, layout, look, appearance and graphics.Reproduction is prohibited other than in accordance with the copyrightnotice, which forms part of these terms and conditions.
All trademarks reproducedin this website which are not the property of, or licensed to, theoperator are acknowledged on the website.
Unauthorised use of thiswebsite may give rise to a claim for damages and/or be a criminal offence.
From time to time thiswebsite may also include links to other websites. These links are providedfor your convenience to provide further information. They do not signifythat we endorse the website(s). We have no responsibility for the contentof the linked website(s).
You may not create a linkto this website from another website or document without FIF's priorwritten consent.
Your use of this websiteand any dispute arising out of such use of the website is subject to thelaws of England and any dispute will be litigated in the English Courts.

TERMS OF USE OF TEXT ALERT SERVICE

These terms and conditions cover the supply of information services by

TXT Fusion Limited t/a Football In Fusion (“FIF”) of 35 Firs Avenue, London, United Kingdom, N11 3NE, Company No. 07149915, to
the Cellular Phone of you THE CUSTOMER ("the Customer")

(together "The Parties")

IT IS AGREED as follows:

DEFINITIONS
1. Unless the context otherwise requires: "Cellular Network" means networks operated in the UK by O2, Orange, Tesco Mobile, T-Mobile, Virgin and Vodafone, or the recognised cellular networks of the country or state where the Cellular Phone is located; "Cellular Phone" means a digital cellular handset capable of receiving SMS information services connected to one of the Cellular Networks; "IVR" means Interactive Voice Recognition; "Registration" means (a) the process whereby the Customer registers for the Service by calling the IVR line from the Cellular Phone on which he intends to receive the Service, correctly following the registration tutorial on the IVR line and responding to the activation message sent to the Cellular Phone by WIN or (b) by correctly following such other process for subscribing to the service as may be published by FIF from time to time; "Service Provider" means the party with whom the Customer has a contract to use the Cellular Phone where such party is not the Cellular Network to which the Cellular Phone is connected; "SMS" means a text messaging facility used by WIN to provide the Service over the Cellular Networks; "the Service" means the provision of information provided by FIF and subscribed to by the Customer via Registration.
2. Unless otherwise specified, words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporated; and (in each case) vice versa.
CONDITIONS
1. This agreement governs the provision of the Service by FIF using the SMS facility of any Cellular Network separately identified as suitable for receiving the Service.
2. The Customer is responsible for providing and maintaining a Cellular Phone maintaining and ensuring connection to a Cellular Network suitable for receiving the Service from FIF. Any changes to telephone numbers by way of upgrade, assignment, PUC or other change to be notified to FIF within 48 hours.
3. The Customer warrants that he is the owner or legitimate user of the Cellular Phone which he uses to register for the Service, and is authorised to incur charges on that phone.
DURATION OF TERM
1. The term of this agreement commences from the time of Registration of the Cellular Phone and remains in force until the expiration of the period of 12 months OR such time as the Customer cancels the subscription from the Service or closes the account by the prescribed method OR until such time as FIF cancel this agreement whichever is sooner.
SERVICE PROVISIONS
1. In accordance with the nature of fast moving real-time information and the vagaries of the Cellular Network the Customer acknowledges that FIF's responsibilities extend only to the provision of indicative information because it is possible that the Customer may use the Service in a way not contemplated by FIF.
  1. FIF makes no warranties, express or implied, as to the results to be obtained by any person or entity from the use of the Service;
  2. FIF makes no warranties, express or implied, with respect to the fitness for a particular purpose or use of the Service;
  3. FIF shall have no liability to or through the Customer for lost profits or consequential loss or damage arising from the use of, or inability to use, the Service for whatever reason;
2. FIF will use all reasonable endeavours to ensure the uninterrupted and timely supply of the Service and to take all reasonable steps at its own expense to correct any error, omission or mistake in the Service but:
  1. FIF shall be under no liability for any error in nor for any delay or failure in the transmission of the Service to the Customer; and
  2. FIF do not provide any warranty as to the accuracy and completeness of the information provided through the Service; and
  3. any such liability as might arise shall be limited to the charge made to the Customer for the message from which such liability occurred.
3. Moreover the Customer recognises that the Service may from time to time be adversely affected by local geography, topography and/or atmospheric conditions and/or other causes of interference and/or network coverage of his chosen Cellular Network and/or other event that is outside the control of FIF.
4. Any request by the Customer for any change and/or variance in the Service shall be done using such prescribed methods as may be introduced from time to time, and advertised as appropriate methods of registering for or altering the Customer's use of the Service.
PRICES AND TERMS OF PAYMENT
1. Prices for the Service shall be stated in the then current price list as published on the internet at http://www.txtfusion.co.uk or other URL from time to time or advertised in other media. All prices include VAT at the prevailing rate.
2. FIF may at any time vary all or any of the prices of the Service provided that it gives 14 days notice to the Customer of any such variation
WARRANTIES AND LIABILITIES
1. The Customer shall indemnify FIF and keep FIF indemnified against any claim by any third party alleging loss and/or damage as a result of the Customer's misuse, or inability to use, the Service including but not limited to a breach by the Customer of clause 7 of this agreement.
2. Except as expressly provided in this agreement by FIF all representations, warranties and conditions whether expressed or implied by statute or common law or otherwise in relation to the Service are hereby excluded to the fullest extent permitted by the law.
3. Nothing herein shall have the effect of excluding or restricting the liability of FIF for death or personal injury resulting from its negligence.
DATA AND INTELLECTUAL PROPERTY RIGHTS

The Customer is not allowed to publish copy or re-distribute any data from the Service to any third party. In addition the Customer acknowledges that there are valuable property rights in and to the data and that the data is not within the public domain.
VARIATION

FIF may vary the terms and conditions of this agreement to take account of new legislation, statutory instruments, Government Regulations, Licences, similar matters and for any other reason provided that any such variation is clearly published on the internet and/or advertised in other media where details of the Service is provided on a regular basis.
ASSIGNMENT

The Customer shall not assign any rights hereunder.
SUSPENSION & TERMINATION
1. The Service will automatically terminate 12 months from the date of subscription. A reminder message will be sent to the Customer by FIF.
2. The Service may be suspended or terminated immediately by FIF if in their judgment they find the Customer in breach of any of the provisions of this agreement.
3. FIF shall be entitled to discontinue the Service on 14 days notice to the Customer.
4. This agreement shall be terminated automatically if FIF receive notification from the Cellular Network or Service Provider with whom the Customer is contracted to use the Cellular Phone that the contract has been cancelled.
5. The Customer may unsubscribe from the Service at any time (a) by calling the IVR line from the Cellular Phone which receives the Service and following the relevant tutorial on the IVR line or (b) by correctly following such other process for unsubscribing from the Service as may be published by FIF from time to time. This agreement shall terminate when the Customer correctly unsubscribes from the Service.
6. Termination of the Service by the Customer within the first 7 days will result in a full refund.
7. Termination of the Service, either by FIF, or by the Customer after the 7 day cooling off period, will not give rise to any right of refund, regardless of cause.
8. The termination of this agreement shall not affect any pre-existing liability of either party to the other hereunder or affect any right of either party to recover damages or pursue any other remedy in respect of any breach by the other party of the terms and conditions thereof.
LAW

This agreement shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
RIGHTS OF THIRD PARTIES

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
NO WAIVER

The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. A waiver of a breach of any of the terms of this Agreement or of a default under this Agreement does not constitute a waiver of any other breach or default and shall not affect the other terms of this Agreement. A waiver of a breach of any of the terms of this Agreement or of a default under this Agreement will not prevent a party from subsequently requiring compliance with the waived obligation.

COMPETITION TERMS AND CONDITIONS

These terms and conditions cover the service offered by TXT Fusion Limited t/a Football In Fusion (“FIF”) of 35 Firs Avenue, London, United Kingdom, N11 3NE, Company No. 07149915 to you the Customer;

These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Rules ("Rules") and apply to competitions on the FIF website; http://www.txtfusion.co.uk ("Competition"), unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Rules.
Rules specific to each Competition are displayed in a notice on the page for such Competition ("Competition Notice") and are incorporated into the Rules. In the event of differences or discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
FIF reserves the right to cancel or amend the Competition or the Rules without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside FIF's reasonable control, including insufficient interest in the competition. Any changes will be posted either within these terms and conditions or the Competition Notice.
In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, the decision of FIF shall be final and no correspondence or discussion shall be entered into.

Qualifying Entrants

Employees (or members of the families or households of employees) of FIF or any company involved in the Competition or, if relevant, production of a television programme to which a Competition relates, or any advertising agency or web company connected with the Competition or any such person’s subsidiary or associated companies, are not eligible to enter the Competition. FIF reserves the right not to award a prize (and to select an alternative winner) if FIF is aware or has reasonable grounds to believe that a winner is not eligible.
Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver’s licence will be required if the Competition prize includes travel outside the United Kingdom and/or car hire. These will be set out in the Competition Notice.
By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. FIF reserves the right to verify the eligibility of all entrants.
The address you provide will be used to send any prizes so please make sure this is correct. Unless stated otherwise in the Competition Notice, Competitions are open to residents of any country. Where a Competition is open to entrants from outside the United Kingdom, you are not entitled to enter the Competition if you are resident in a country or jurisdiction where the Competition may breach any law or regulation. Where this applies, FIF’s invitation to enter the Competition in such country and/or jurisdiction is withdrawn.
Where a Competition is open to all age groups, FIF assumes that by using the website and entering the Competition (and you warrant that) you are aged 18 or over or, if you are under 18, that your parents have consented to your entry into the Competition and these Rules. If a Competition is only open to a certain age group (e.g. 18 and over), this will be set out in the Competition Notice and FIF assumes that by entering the Competition (and you warrant that) you are the appropriate age to enter the Competition).
FIF reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules.
In the event that any entrant is disqualified from the Competition, FIF in its sole discretion may decide whether a replacement should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.

Competition Entries

Unless stated otherwise in the Competition Notice, you may enter the Competition as many times as you like however where a winner has been selected and FIF discovers or has reasonable grounds to believe the winner has used any software or automated process either to answer questions or to make bulk entries, FIF may select an alternative winner. Any further winner will be selected on the same criteria as the original winner and will be subject to these Rules.
Competition entries must be made in the manner and by the closing date and time specified on the Competition Notice. Failure to do so will disqualify the entry.
There is no purchase requirement to enter a Competition however there is a subscription charge to register for use of the Service. Only registered users of the service will be permitted to enter a Competition. Premium service packages will entitle the user to more entries in Competitions.
Where an offer is made for participation in a Competition involving a premium rate telephone call, the Competition Notice will include details of the estimated length of the call and its anticipated cost, and any other guidance to which FIF must adhere in compliance with Phonepayplus rules. Where entry to a Competition is by premium rate telephone call, entry may also be made by post by writing to: [Name of Competition] Competition, FIF, 63 Bellfield Avenue, Hull, HU8 9DT, to be received by the closing date as stated in the Competition Notice.
Proof of posting or emailing cannot be accepted as proof of delivery. FIF cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access to Entries, or Entries lost, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside FIF’s control.
Entrants should note that unless stated otherwise, FIF does not accept responsibility for the return of any Entries, including those consisting of artistic or other material.

Prizes

Unless stated otherwise in the Competition Notice, prize winners will be chosen at random from all correct Entries (for competitions involving answering questions or where entry is by emailing or otherwise providing a name and/or contact details to FIF) or from all submitted entries (where creative or artistic merit or other subjective criteria apply to entries (unless these are being judged as set out in the Competition Notice)), within 28 days of the closing date specified in the Competition Notice. Tie-breakers will be judged by FIF and, if required by law, by an independent adjudicator. In all matters, the decision of the judge(s) and FIF shall be final and no correspondence or discussion shall be entered into.
Prize winners will be notified in the manner and within the time specified on the Competition Notice (and may be contacted by FIF or FIF’s nominated supplier(s)). Return of any prize notification as undeliverable or failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded. Competition winner(s)’ names may be published on the website or you can write to Competition Prize Winners, FIF, 35 Firs Avenue, London, United Kingdom, N11 3NE naming the specific competition including a self-addressed stamped envelope for a list of winners.
Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner. Unless otherwise stated this time is 48 hours from notification of a prize.
Prizes are non-transferable and there is no cash alternative. FIF reserves the right to substitute prizes of equal or greater value at any time.
Prizes are awarded at FIF’s discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant. Where Entries are being judged on creative or artistic merit or other subjective criteria, FIF and/or the Competition judges (acting reasonably) reserve the right not to select a winner, and/or to remove or amend selection criteria and/or the structure and operation of the Competition if Entries are not of the requisite standard.
Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. FIF reserves the right to request written proof of age of any winner.
All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.

Intellectual Property Rights & Use of Entries

FIF does not, unless we agree this with you, claim any rights of ownership in your Entry. As such, you retain ownership of your Entry and, although FIF will be able to use Entries as set out in the Rules, you will also have the right to use your Entry in any way you choose. Where any Entry is to be used in a different way (e.g. we are asking to own this) this will be made clear on the website and you will then be able to choose whether to enter the Competition. If you win a prize, as a condition to receipt of that prize, you may be required to sign a release form (in FIF's then current standard form) in connection with the prize-winning submission.
In consideration of FIF agreeing to consider entrants to the Competition, each entrant hereby agrees that FIF (and third parties authorised by FIF) may make any and all Entries available on the website and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and that Entries may be made available with advertising and/or sponsorship. You now grant FIF (and third parties authorised by FIF) a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the Entry) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and sub-licence the Entry for such purposes.
FIF does not guarantee to use or otherwise make available any Entry. FIF may also, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to Entries that appear to be legally or otherwise problematic e.g. infringe the copyright or other intellectual property or privacy rights of others, are defamatory etc. or for any other reason.
Your Entry and any information submitted by you must be personal to and relate specifically to you. You hereby warrant that your Entry and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, FIF reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.

Liability

FIF cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of accepting any prize. FIF is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination of these, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition. Nothing shall exclude FIF’s liability for death or personal injury as a result of its negligence.

Data Protection and Publicity

Winners may be requested to take part in promotional activity and FIF reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity.
Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the individual’s prior consent. Data relating to entrants will be retained by FIF for a reasonable period after the Competition closes to assist FIF to operate competitions in a consistent manner and to deal with any queries on the Competition.

Jurisdiction

The Competition and Rules will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England. The Sites are only intended to be accessed from the United Kingdom. FIF makes no representation that materials on the Site relating to this Competition are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site outside of the United Kingdom, you are responsible for compliance with all local laws.

How to contact us

You can contact us in relation to any Competition by writing to [Name of Competition], FIF, 35 Firs Avenue, London, United Kingdom, N11 3NE or info@footballinfusion.com

COMPETITION NOTIFICATION MONTHLY DRAW

This Competition Notification together with the Competition Terms and Conditions are the Competition Rules ("Rules") and apply to the Monthly Draw Competition on the FIF website; http://www.txtfusion.co.uk ("Competition"), unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Rules.
Any person subscribing to the FIF Text Alert service will automatically be entered into this competition.
Winners shall be selected at random, the selection pool will consist of all subscribers to the service as at the close of business on the 27th day of each month; winners will be notified by SMS text message and electronic mail to their registered address on within 2 days of the draw taking place.
Prizes consist of the following:
1. One prize of 42” Flatscreen television.
2. Two prizes of Sony Playstation3™ with a game and controller.
3. Three prizes of a pair of Nike™ football boots in a size to fit the winner or another size (at the complete discretion of FIF).

How to contact us

You can contact us in relation to this Competition by writing to [Month] Draw Competition, FIF, 35 Firs Avenue, London, United Kingdom, N11 3NE.

COMPETITION NOTIFICATION WORLD CUP

These terms and conditions cover the service offered by TXT Fusion Limited (“FIF”) of 35 Firs Avenue, London, United Kingdom, N11 3NE, Company No. 07149915 to you, the Customer.

This Competition Notification together with the Competition Terms and Conditions are the Competition Rules ("Rules") and apply to the FIFA World Cup 2010 Competition on the FIF website; http://www.txtfusion.co.uk ("Competition"), unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Rules.
Any person subscribing to the FIF Text Alert service will automatically be entered into this competition.
Winners shall be selected at random, the selection pool will consist of all subscribers to the service as at 09/05/2010; winners will be notified by SMS text message and electronic mail to their registered address on 27/05/2010. If the prize is not claimed within 48 hours then another winner shall be selected.
There will be one prize of 15 nights in South Africa including accommodation, flights from UK to South Africa, resort transfers, tickets for 2 people to 3 matches in Group C.
At least one person travelling must be over the age of 18 years on the date of travel; valid passports and visas will be required.
Persons not resident in the UK must make arrangements, at their own expense, to travel to the UK to travel on the flights specified by FIF from a London airport.
FIF cannot guarantee availability of tickets for the above matches but FIF shall employ their best endeavours to procure a travel package including tickets, flights, transfers and accommodation; in the event that tickets cannot be secured; a prize of equal or greater value will be substituted without any liability for loss.
This prize is offered as a 2 party contract between the Tour Operator and the winner; FIF is not a party to this contract and will not be liable for any losses.

How to contact us

You can contact us in relation to this Competition by writing to FIFA World Cup 2010 Competition, FIF, 35 Firs Avenue, London, United Kingdom, N11 3NE.