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Terms of use

TERMS OF SERVICE
 

  1. DEFINITIONS

 

  1. Access Agreement - an agreement between the Club and the Service Provider, by virtue of which the Club is granted access to exclusive content of the Website for a limited time for a specified fee.
  2. Advertisement – the advertisement of the Club expressing the willingness to transfer a Player.
  3. Club – a football sports club participating in football competitions in any league in the world as part of the relevant football association having legal personality according to its personal statue.
  4. Customer – an entity using the services of the Service Provider under the Services Agreement or Access Agreement.
  5. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
  6. Parties – the User and the Service Provider jointly.
  7. Player – a natural person playing football for the Club.
  8. Profile – a personalised Club account created through registration, which can be accessed by authorized representatives of the Club.
  9. Service Agreement - a contract for the performance of a service rendered under simultaneous absence of the parties (remote service), through the transmission of data on individual demand of a Registered User, transmitted and received by means of devices for electronic processing, including digital compression, and data storage, which is entirely broadcasted, received or transmitted by means of the telecommunication network.
  10. Service Provider – 321 OÜ, based in Lõõtsa tn 5, 11415 Tallinn.
  11. Technical Parameters – minimum technical requirements, fulfillment of which by the User is necessary for the use of the Website with all its functionalities, including the conclusion of the Access Agreement.
  12. Terms of Service – this document laying down terms and conditions of use of the Website.
  13. User – a natural person browsing the content of the Website or using the Website.
  14. Website – a website available at www.321transfer.com, run by the Service Provider.

 

  1. GENERAL PROVISIONS

 

  1. These Terms and Conditions define rules governing the use of the Website and the provision of services by electronic means by the Service Provider as part of its activities and the related rights and obligations of the Club.
  2. The purpose of the Website is to support business contacts between Clubs regarding the conclusion of transfer agreements. The Website is not intended for use by persons other than representing the Clubs, in particular by Players or transaction intermediaries.
  3. For the avoidance of doubt, whenever these Terms of Service of the Website refer to “selling a Player” or “loaning a Player” it is to be understood as concluding a definitive or temporary transfer agreement whereby the Club releases the Player definitively or temporarily from the obligation to fulfil the contract between him and the Club and allows the Player to conclude a contract with another Club. The Service Provider does not support human trafficking or any other form of slavery and the Website is not intended for use for such purposes.
  4. The owner of the Website is the Service Provider. The Service provider can be contacted at the e-mail address office@321transfer.com
  5. The User acknowledges the content of these Terms of Service while registering the Profile and undertakes on behalf of the Club to comply with the provisions of these Terms of Service and to use the Website in a manner consistent with the Terms of Service, applicable national provisions, the rules of social conduct and good manners.
  6. The User logged in to the Profile acts on the Website on behalf of the Club.
  7. The Club undertakes to enter data to the Website in accordance with the facts at any time.
  8. The Club, by entering data into the Website, declares that it has all the rights necessary to enter and share such data. Before entering the data, the Club is obliged to obtain relevant consents, licenses or other rights required by law related to entering and sharing information via the Website.
  9. It is forbidden to provide illegal content, as well as content that is offensive, vulgar or content that may violate the personal rights of third parties protected by law.
  10. For the use of the Website the end device and the ICT system used by the User needs to meet the following Technical Parameters: Internet connection, operation and use of one following web browsers: Safari version 14 or newer, Google Chrome version 90 or newer, Microsoft Edge version 89 or newer, Opera version 75 or newer or Mozilla Firefox version 87 or newer.
  11. The Service Provider is not a transfer intermediary (agent) within the meaning of FIFA regulations and does not charge any fees directly related to transfer contracts concluded with the support of the Website.
  12. All information shall be entered into the Website in English.
  13. All information entered into the Website, constituting untranslatable proper names such as names and surnames or names of clubs shall be entered in their original form, provided that they are entered in the Latin script. In the case of proper names expressed in other alphabets they should be entered in Latin script in the form reflecting the original proper name.

 

  1. TERMS AND CONDITIONS OF THE WEBSITE

 

  1. The purpose of the Profile is to establish and facilitate business relations between Clubs aimed at negotiating and concluding agreements concerning player transfers.
  2. The Profile constitutes a personalised Club account providing access to exclusive content of the Website.
  3. The User logged in to the Profile gains access to the content of the Website made available to the given Profile. The subject content may vary depending on the conclusion by the Club of the Access Agreement with the Service Provider for a particular Profile.
  4. In order to create a Profile the User must fill in the registration form. The User is obliged to provide accurate and complete data in the registration form enabling unambiguous verification of the User and the Club.
  5. A Profile for a given Club is created by Users who are persons authorized to represent the Club. During the registration of the Profile the User declares that he/she is the person authorized to create the Profile on behalf of the Club and conclude agreements with the Service Provider, in particular the Service Agreement and Access Agreement.
  6. The Club shall ensure that only authorized persons create and are granted access to the Profile. It is forbidden to create a Profile for a nonexistent Club or using false information.
  7. By creating a Profile the User agrees to verify the authenticity of the User and the Club. The verification is carried out in two stages: (i) by verifying the User’s identity and his authorization to represent the Club, (ii) by verifying the Club and provided information on the Club.
  8. Verification of the authenticity in both stages is carried out in a manner chosen by the Service Provider, ensuring the utmost guarantees of the correctness of registration. For this purpose the Service Provider provides three procedures to verify the identity of the Club and the User:
    1. in the absence of any doubt, especially in the case where personal conversations with representatives of the Club are conducted the Service Provider may refrain from verifying the authenticity of the Club or Users;
    2. in the event of an average measure of doubt, the Service Provider verifies the authenticity by exchanging specific e-mail correspondence with the Club, a telephone conversation with the Club or by sending a copy of the User’s authorization to represent the Club with respect to creating the Profile and entering into Service Agreement and Access Agreement (in accordance with the template attached to these Terms of Service);
    3. in the event of doubts above the average measure, in particular, when the methods of verification indicated in letter b. prove to be insufficient, the Service Provider may request additional confirmation of authenticity, in particular by:
      1. making a bank transfer by the Club for the amount of EUR 1.00 (one euro) to the bank account indicated by the Service Provider, which Service Provider will credit towards subsequent payments or return it at the Club’s request;
      2. taking a photo by the User that meets the requirements set out by the Service Provider, in particular a photo with the image of the User and a card containing the current date or a specific writing and sending it to the Service Provider;
      3. confirmation of the existence of the Club, the accuracy of the information provided on the Club and persons authorized to represent the Club in the relevant national football association, requesting the Club to provide the list of Users authorized to access the Website;
      4. requesting the Club to provide a copy of the Club’s registration documents, created and maintained in accordance with national law and, if, necessary, translation of these documents.
  9. Verification of authenticity of the Club or its Users may be carried out at any time by the Service Provider at its discretion and in the manner it chooses, in particular using any of the methods listed above. Until the authenticity is confirmed, the Service Provider may suspend the Club's access to the Profile.
  10. Each Profile may be operated by Users designated by the Club. Each User acknowledges and undertakes to comply with Terms of Service on the first login. By granting access to the Profile to a given User, the Club confirms his authorization to represent the Club in relation to the services provided as part of the Website.
  11. The Club shall ensure that only authorized persons have access to the Profile.  In particular, the Club undertakes to prevent the situation in which the Profile is used by a natural person other than the User authorized in accordance with these Terms of Service. If a given User ceases to cooperate with the Club, the Club is obliged to revoke that User’s access to the Profile.
  12. The Club undertakes to immediately notify the Service Provider of the loss of access to the Website.
  13. The Profile of the Club which is not a party to the Access Agreement remains hidden for the other Profile holders on the Website.
  14. The Club guarantees that its Users comply with the provisions of these Terms of Service and bears responsibility for its Users’ actions taken from the level of the Club’s Profile.
  15. In the case the Profile is used in a manner or for purposes inconsistent with the provisions of these Terms of Service, the Service Provider may temporarily suspend the Club’s access to the Profile for a specified period of time or delete the Profile.
  16. The Club may request deletion of the Profile at any time.

 

  1. ACCESS TO EXCLUSIVE CONTENT

 

  1. Under the Access Agreement the Service Provider undertakes to provide the Club with the full content of the Website for a limited period of time for a fee specified by the Service Provider. A natural person cannot be a party to the Access Agreement.
  2. Access to the full content of the Website includes, in addition to the functionalities generally available to Profile holders, the ability to post their own Advertisements, view Advertisements posted by other Clubs, respond to Advertisements, contact Clubs directly via the Website, track Club Profiles and Player accounts.
  3. The Access Agreement is concluded between the Parties upon payment by the Club of the specified fee corresponding to access to the full content of the Website for the selected period.
  4. Creation of the Profile without the payment of the necessary fees connected with the full access to the Website is not considered as concluding an Access Agreement.
  5. The Access Agreement is concluded with the use of electronic devices via the Internet. Any declarations of will related to the concluded agreement can be submitted online, in particular by sending to the indicated e-mail address or via the Website.
  6. In the event of a temporary suspension of the Club’s access to the Profile during the term of the Access Agreement, the duration of the provision or services covered by that Agreement shall be extended by the duration of suspension of the Profile unless the suspension of the Profile occurred for the reasons attributable to the Club. As an alternative, at the Club’s request submitted within 10 days from the date of restoring the service the Service Provider shall refund the amount corresponding to the ongoing inability to use the Profile.
  7. The expiry of the Access Agreement results in the removal of the Advertisements posted by the Club and hiding the Profile from access of other Profile holders until the Access Agreement is concluded again or the Profile is permanently deleted.
  8. Payment under the Access Agreement is due to the Service Provider also in the event that the Customer does not actually use the available functionalities of the Website.
  9. The Access Agreement is valid for the period for which the payment was made. The Club may not terminate the abovementioned agreement before the expiry date. Subject to the previous sentence, the Club may delete its Profile at any time without being entitled to a refund of payment by the Service Provider for the unused period.
  10. The Service Provider may terminate the Access Agreement with immediate effect in the event of:
    1. providing access to the Profile by the Club or Users to unauthorized persons, in particular to persons not directly related to the Club;
    2. entering false information on the Website, including but not limited to false information about the Club, Players or false Advertisements;
    3. use of the Profile for purposes inconsistent with its intended purpose;
    4. violation of other provisions of these Terms of Service.
  11. In the event of an early termination of the Access Agreement for reasons attributable to the Club or the User, in particular in the cases indicated in the previous point, the Club is not entitled to a refund for the unused period.
  12. The Access Agreement shall expire on lapse of the period for which the payment was made.
  13. The Access Agreement is not automatically renewed. The Club may extend the term of the Access Agreement by making a payment for the next selected period.
  14. The Service Provider may grant Clubs access to the Website for a free trial period. The provisions related to the Access Agreement shall apply accordingly to the free trial period.

 

  1. ADVERTISEMENTS

 

  1. The Advertisements are posted by Clubs that have concluded a Access Agreement.
  2. Clubs may, for additional fee, publish featured Advertisements on the Website. Advertisements will be displayed on the first search pages of the Website, positioned ahead of non-featured Advertisements.
  3. All elements of the Advertisement should be entered in English and in the Latin script.
  4. Advertisements are intended to inform Clubs of:
    1. the desire to acquire a particular Player on a definitive or temporary transfer basis;
    2. the desire to release a particular Player on a definitive or temporary transfer basis;
  5. The Advertisement is not binding for the advertiser in the sense that the acceptance of the terms of the Advertisement by another Club does not create an obligation between the advertiser and this Club.
  6. The Advertisements are published on the Website immediately after their posting by the Club.
  7. The Service Provider is not responsible for the content published by the Clubs in Advertisements.
  8. The Club may remove any Advertisement published by it at any time.
  9. The Service Provider may at any time remove Advertisements the content of which is inconsistent with these Terms of Service, generally applicable provisions of the law or actual state. In case of removal of the Advertisement, the Club which posted this Advertisement receives a notification indicating the reason for removal. In the event that the Club considers the removal of the Advertisement as unjustified, the Club may request its restoration.

 

  1. NEWSLETTER

 

  1. Customers may use the Newsletter service by submitting their e-mail address and selecting the relevant checkbox. The use of the Newsletter service is a free and voluntary decision of the Customer. Providing data as an e-mail address is voluntary, but necessary to subscribe to the Newsletter.
  2. The Customer may at any time unsubscribe from the Newsletter by selecting the Unsubscribe button available in the footer of each e-mail sent in the form of a Newsletter by the Service Provider.
  3. By means of the Newsletter, the Service Provider sends news related to the operation of the Website, the Service Agreement and the Access Agreement.

 

  1. COMPLAINTS

 

  1. Customers have the right to lodge a complaint in relation to the services provided by the Service Provider. Complaints should be submitted electronically to the e-mail address: office@321transfer.com.
  2. When lodging a complaint the Customer must provide contact details in order to enable contact and submit a request.
  3. If necessary, the Service Provider may request the Customer to supplement the complaint with information or documentation that is essential for proper processing of the complaint. The Customer shall, within 3 working days, supplement the complaint as requested. If the Customer fails to supplement the complaint within this time period, the Service Provider will process the complaint based on the facts and documents submitted with the complaint.
  4. Service Provider recognizes a complete complaint within 14 days from the date of lodging a complaint and immediately informs the Customer about the decision made.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

  1. The Club uploads to the Website its logotype or other graphic signs used to identify the Club.
  2. In the event that the Club fails to upload its own logotype to the Website, the Club automatically authorizes the Service Provider to download the Club’s logotype from the Club’s website or other reliable source and to upload said logotype to the Website. The Club guarantees that it owns the rights to graphic signs individualizing the Club placed on its official website.
  3. By entering any content on the Website, the Club declares that it has the right to use and make available to the Service Provider that content, including but not limited to logotypes, photos and other graphic, word or combined word and figurative marks.
  4. Insofar as it is necessary to ensure the high quality of services provided, the Club grants the Service Provider a royalty-free, territorially unlimited, including the right to sublicense, a non-exclusive license for the duration of the services hereunder to use its business name, graphic, word and combined word and figurative marks submitted for publication on the Website for the purpose of marketing activities for Advertisements and the Club’s Profile, as well as for the purpose of identifying the Club’s Profile, in the following fields of exploitation: reproduction, public reproduction and display and making available to the public within the Website. This license expires if the Club removes the licensed item from the Website or deletes its Profile.
  5. The license referred to in previous point includes the right to use by the Service Provider elements listed therein for its own marketing purposes, in particular to publicly inform about established cooperation.
  6. The content and information provided or made available by the Club on the Website is the property of the Club. With regard to the content covered by intellectual property rights, the Club grants the Service Provider a royalty-free, territorially unlimited, including the right to sublicense, a non-exclusive license for the duration of services hereunder to use such content in the following fields of exploitation: reproduction, public reproduction and display and making available to the public within the Website. This license expires if the Club  removes the licensed content from the Website or deletes its Profile.
  7. In the event that any third party makes claims against the Service Provider related to the use of intellectual or industrial property rights in connection with trademarks added by the Club or on behalf of the Club, the Club undertakes to indemnify the Service Provider and cover all claims made by third parties in the event they prove to be well founded.
  8. The Service Provider reserves all intellectual property rights relating to the services provided, including the ownership of trademarks and logos used in connection with the services provided, except for the trademarks and logos of Clubs.

 

  1. PLAYER INFORMATION

 

  1. The Club may add information on the Website concerning Players playing for that Club.
  2. In the event that Club does not include an image of a Player on the Website, the Service Provider is entitled to download the image from the official website of the Club and upload it to the Website. The Club declares that it has all the rights to upload the image of the Player to the Website and authorizes the Service Provider to do so. The Club may also authorize the Service Provider to enter other information regarding Players into the Website.
  3. It is forbidden to enter on the Website any sensitive data concerning the Player or any other natural person, in particular data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
  4. All the information about Players entered on the Website will be available for viewing by other Clubs that are parties to the Access Agreement.
  5. The Club is obliged to obtain any legally required consent from the Player to make their personal data available before entering such data on the Website and to comply with the information obligations towards the Player regarding the data made public via the Website.

 

  1. PROCESSING OF PERSONAL DATA

 

  1. The Club accepts that with regard to the personal data entered into the Website, the Service Provider processes the entrusted personal data on behalf of the Club and thereby the Club remains the controller of the entrusted personal data, whereas the Service Provider becomes the processor thereof.
  2. Detailed provisions for the processing of personal data are included in the document entrusting the processing of personal data, available at this address.
  3. The entity responsible for obtaining consents from persons whose personal data will be processed on the basis of an agreement concluded with the Service Provider is the Club.
  4. Detailed provisions regarding the processing of personal data by the Service Provider are included in Privacy Policy and Cookies available on the Website. The provisions of these Terms and Services shall be executed in compliance with the rules laid down in the abovementioned Privacy Policy and Cookies.

 
 

  1. LIMITATION OF LIABILITY

 

  1. The Service Provider shall not be responsible for content posted by Users on the Website.
  2. The Service Provider shall not be responsible for damage caused to third parties by the actions of the Club or the User contrary to the provisions of these Terms of Service or the law and for the actions of these entities in bad faith, in particular for conducting transfer negotiations in bad faith.
  3. The Service Provider shall not be responsible for any disruptions in the operation of the Website of temporary interruption in the provision of services due technical reasons beyond the control of the Service Provider.

 

  1. CONTRACTUAL PENALTIES

 

  1. In the event of providing false data during Profile registration, especially in case of attempts to impersonate any person or entity authorized to represent the Club, such person is obliged to pay a contractual penalty to Service Provider in the amount of 100.000,00 euro (one hundred thousand euro).
  2. In the event of using the Profile to carry out hacker attacks, phishing, sending messages containing scam or spam, the owner of the Profile is obliged to pay a contractual penalty to the Service Provider in the amount of 100.000,00 euro (one hundred thousand euro).
  3. In the event that the Profile is made available by the Club to persons unauthorized to use the Profile, the Club undertakes to pay to the Service Provider a contractual penalty in the amount of 100.000,00 euro (one hundred thousand euro).
  4. Payment of contractual penalties shall not exclude the possibility to seek compensation in line with general conditions.

 

  1. FINAL PROVISIONS

 

  1. The law applicable to contracts concluded via the Website is the law of the Republic of Poland.
  2. The competent courts for the resolution of disputes arising from the contract concluded between the Service Provider and the Club or the User shall be common courts located in the territory of the Republic of Poland.
  3. These Terms of Service enter into force on 14.05.2021
  4. Contact with the Club in current matters is carried out by means of distance communication, in particular by e-mail indicated by the Club.
  5. The Service Provider reserves the right to change the Terms of Service, to which the Club agrees. The Service Provider shall give prior notice to the Customers of any change to the Terms of Service by posting relevant information on the Website and sending a message directly to the Customers via e-mail, at least 14 days in advance of the effective date of the change. Consent to the changes in the Terms of Service must be confirmed by selecting the checkbox on the first visit to the Website after the Service Provider provides a notification about the change. In the event of absence of such consent, the Service Agreement is performed on the existing terms and the changes shall enter into force upon its renewal.
  6. In the event that any provision of the Terms of Service is found to be automatically void or ineffective, such circumstances shall not affect the validity and effectiveness of the remaining provisions