25/04/2017

Terms and Conditions

These terms and conditions apply to our online and mobile services, Website and any web services or applications owned, controlled or offered by Sponsure Limited. These Terms apply to all visitors, Rights Holders, Sponsors and others who access any or all of the Platform.
Definitions
“Commission Fee” means the remuneration due and owed to Sponsure by the Rights Holder, which is taken from the Payment made by a Sponsor, in exchange for the intermediary service provided.
“Mangopay” is the credit/debit card and bank transfer payment platform provided by our Partner, Leetchi Corp, a limited liability company registered in Luxemburg with company number B173459
“Partner” means any brand and/or organisation that is associated with the Platform to support and/or promote any Sponsorship Opportunity.
“Platform” means the mobile services, website and any web services or applications owned, controlled or offered by Sponsure Limited.
“Sponsor” means any individuals, sole trader, limited company, plc, charity, or partnerships that wishes to or has fulfilled a Sponsorship Opportunity using the Platform.
“Sponsorship Fee” means the fee paid by the Sponsor to the Rights Holder in fulfilment of the Sponsorship Opportunity.
“Sponsorship Opportunity” means the listing of specific Rights by a Rights Holder for sponsorship by a Sponsor for a defined price.
“Rights” means a property or piece of inventory that is owned or otherwise controlled by the Rights Holder and is capable of being the subject of a Sponsorship Opportunity.
“Rights Holder” means any sports club, university, school, association, league, individual or event offering, or to have offered, a Sponsorship Opportunity using the Platform.
“Terms” means these terms and conditions including the Privacy Policy.
“User” means a person who completes Sponsure’s account registration process, including but not limited to Rights Holders and Sponsors.
“User Content” means all content that a User posts, uploads, publishes, submits, transmits, or includes in their Listing, User profile or Sponsure promotional campaign to be made available through the Site, Application or Services.
“Website” means the internet site found at www.sponsure.com and/or www.sponsure.co.uk, howsoever accessed.
In Summary

• Sponsure is an online service owned and operated by Sponsure Limited (“Sponsure”, “We”, “Us” or “Our”), which allows Sponsors to easily search, review and purchase sponsorship properties from sports clubs, universities, schools, associations, leagues, individuals and events (collectively the “Rights Holder/s”).
• Your accessing and use of the Platform (whether by signing up for an account or otherwise) constitutes a legal agreement between us and you. By using the Platform you are confirming that you understand and accept (and are able to understand and accept) these Terms and that you agree to bound by them. You are bound by these Terms and to the collection, use and disclosure of your information as set forth in our Privacy Policy.
• Rights Holders and Sponsors are both “Users” of the Platform.
• You must act appropriately when using the Platform.
• These Terms may change from time to time and you should review this page periodically. The last revision date will be shown at the top of this page. Your continued use of the Platform following the last revision date, constitutes your acceptance of the new terms.
• You must not use the Platform if you do not agree with them
•  If you are using the Platform on behalf of a Rights Holder or a Sponsor, then you represent and warrant that you have the necessary authority and permissions required for you to enter into this Agreement and to use the Platform, including for the fulfilment of any Sponsorship Opportunity, on their behalf.

Service Description
Sponsure is a marketplace for Rights Holders to market Sponsorship Opportunities, and for Sponsors to search and contact the Rights Holders with the intention to purchase and fulfil Sponsorship Opportunities.
Our mission is to give businesses of all sizes greater access to sponsorship globally, and to make the process of searching, reviewing and transacting sponsorship as efficient and simple as possible.
Sponsure is not a party to any contract for sponsorship, or other fulfilment of any Sponsorship Opportunity listed on Sponsure. Any such contract is made exclusively between the Rights Holder and the Sponsor fulfilling the Sponsorship Opportunity. The Platform provides administrative services and market provision services only, in order to facilitate the transaction between Rights Holders and Sponsors.
We enable Rights Holders to offer Sponsorship Opportunities to Sponsors. If a Sponsor decides to fulfill a Sponsorship Opportunity listed by a Rights Holder, then the Sponsor will be entering into a contractual agreement with that Rights Holder. Sponsure is in no way a party to any such agreement and expressly excludes, to the fullest extent permitted by law, any liability, howsoever arising, relating to any rights or obligations, or any other term or condition, whether explicit or implied, created by such contract.
You are not eligible to use the Platform if we have temporarily suspended or previously terminated your access to it and we have not expressly authorised you in writing to resume using it.
You agree and acknowledge that you may not promote any Sponsorship Opportunity listed on Sponsure on any other similar platform. All fulfilment of any Sponsorship Opportunity by a Sponsor, including any related payment must be using the Platform. Sponsure reserves the right to charge the Commission Fee should we reasonably believe that any User is in breach of these Terms with respect to a particular Sponsorship Opportunity.

The Service enables:
1. Rights Holders to create a profile, and list an unlimited number of Sponsorship Opportunities for fulfilment by Sponsors. Rights Holders can communicate with Sponsors through a hosted messaging system.
2. Sponsors to create profiles, search Sponsorship Opportunities, communicate with Rights Holders through a hosted messaging system, and to fulfil Sponsorship Opportunities.

Sponsorship Opportunity Fulfilment:
By fulfilling a Sponsorship Opportunity and making a payment to the Sponsor using the Platform a Sponsor creates a contract directly with the Rights Holder. Sponsure is not a party to that contract and has no rights or obligations resulting from the listing of the Sponsorship Opportunity or its fulfilment by a Sponsor.
By listing on Sponsure, you represent and warrant that the your listing and any contract that will be entered into as a result of a Sponsor fulfilling it, together with any other content or materials you provide complies with all applicable laws, regulations, policies and agreements, and does not violate any third party rights. You acknowledge and agree that you have the requisite authority to list a Sponsorship Opportunity on the Platform and to enter into a contract for sponsorship with respect to the relevant Rights.
Sponsure expressly disclaims and is released from, and you agree to and acknowledge such disclaimer and release, to the fullest extent permitted by law, any liability, howsoever arising, relating to the parties’ compliance with applicable laws, regulations, policies and agreements.

Information and Data on the Platform:
Sponsure takes only limited steps to verify the information provided by Users during registration as a Rights Holder, during the listing of a Sponsorship Opportunity and during the registration of a Sponsor, and We cannot guarantee the reliability, or accuracy of such information.
We do not and cannot verify the information that Rights Holders supply, nor do we guarantee that the Sponsorship Fee will be used in accordance with any purpose prescribed by a Rights Holder. Images listed on Sponsorship Opportunities by Rights Holders are for illustration purposes only and may not reflect exactly the finished sponsorship property. Sponsure accepts no responsibility or liability for the accuracy of any images on the Platform.
We assume no responsibility to verify whether the Sponsorship Fee/s are used in accordance with any applicable laws; such responsibility rests solely with the Rights Holder. Sponsure cannot guarantee the performance of any Rights Holder, the ability of any Rights Holder to deliver benefits, the ability of any Sponsor to pay the Sponsorship Fee, the content of any contract formed as a result of the listing and fulfilment of any Sponsorship Opportunity, or whether a Rights Holder can or will actually provide the benefits listed within the Sponsorship Opportunity or any subsequent contract.
The content published by any User on the Platform does not constitute the opinion or represent the views of Sponsure and will not be reviewed by Sponsure for its legality, correctness and completeness.
Each User is solely responsible for conducting any required background checks on another User with whom they are in communication or with which they contract.
Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Platform belong to and vest in Sponsure, or are licensed to Sponsure.

The word mark Sponsure and our logo are trade marks belonging to us. We give no permission for the use of these trade marks by any third party and any use other than as explicitly permitted in writing by us may constitute an infringement of our rights.

Registering and Accounts.
Users can sign up and create an account on the Website. Users must make sure that all the information they provide us when you register is true, accurate, current and complete.
Users are solely responsible for any activity that occurs by a user of their account.
If you are an individual registering on behalf of a Rights Holder or a Sponsor then you represent and warrant that you have the necessary authority and permissions required for you to create an account and act on their behalf.
You must keep your account and password secure, and immediately notify us of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
If your information/data changes after registration, You are obliged to update the information in Your Sponsure Account.
It is Your responsibility to ensure that Your content, including the images used on Your account, are legal, inoffensive and does not violate the rights of third parties.
Sponsure reserves the right to delete User accounts from unfinished applications after a reasonable period of time.

Account Settings
Use of e-mail address. By providing us your email address, you consent to us using the email address to send you notices related to the Platform and its services, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Platform and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Use of Personal Information in communications. To prevent direct or indirect attempts to circumvent the Platform, Sponsure has the right, but not the obligation, to prevent Rights Holders from including email addresses, phone numbers, and other personal information in communications sent via the Platform.
For technical reasons, it is possible that a Sponsorship Opportunity may not be found immediately after listing as it may be subject to validation checks. We may investigate the viability, feasibility and authenticity of a proposed Sponsorship Opportunity, and decide if it will be listed on the Platform.
Rights Holders may, at their own discretion, exclude certain Sponsor categories from fulfilling any Sponsorship Opportunity they list on the Platform. Sponsure has no control over, and accepts no liability in respect of, any such exclusion or any failure by a Rights Holder to specify any such desired exclusion using the Platform.
Users may not use addresses, e-mail addresses and other contact details obtained through the use of the Sponsure services for any purposes other than for communication in respect of a Sponsorship Opportunity. In particular, it is forbidden to resell or otherwise commercialise this data or to use it for the sending of advertising, unless the respective User has explicitly agreed to it.
We reserve the right to attempt to verify your identity and other information you provide to us and to reject, cancel, interrupt, remove, or suspend a Sponsorship Opportunity at any time and for any reason. In particular, Sponsorship Opportunities or payments that are flagged to us as fraudulent by Sponsors, Rights Holders or any other third parties may be rejected, cancelled, removed, or suspended, in our sole discretion, without prior notice to you, and may subject you to termination of your account.
If, in our sole discretion, we determine your Sponsorship Opportunity to be suspicious, unusual or potentially fraudulent, we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time, and failure to do so may lead to the suspension or cancellation of your account.
Our payment providers or we may also perform an examination before any funds are distributed to Rights Holders. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions in this clause.

Pricing and payments
We do not charge the Users of the Platform a fee for signing up, nor do we charge the Rights Holders a fee for listing a Sponsorship Opportunity. For the provision of services, if a Sponsorship Opportunity is fulfilled, the Rights Holder will pay a Commission Fee to Sponsure. The Commission Fee charged is determined by the current fee schedule.
Current Commission Fee for a successful sale is 12.5% (plus any applicable VAT) on the total transaction amount paid by the Sponsor. Our Commission Fee (plus any applicable taxes) is deducted directly from each sponsorship payment made by a Sponsor, before the remaining funds are transferred to the Rights Holders bank account through Mangopay. The Commission Fee is inclusive of the fee charged by the payment provider, Mangopay. The Rights Holder will not pay Mangopay any additional fees.
Sponsure will provide the Rights Holder with an appropriate invoice setting out the Commission Fee and any applicable Tax. Such invoice will appear in the my account section on the Platform.
You are solely responsible for the fulfilment of any obligation to register for or to pay any applicable tax resulting from Your use of the Platform.
We reserve the right to change Our Commission Fee percentage from time to time. If We do change our Commission Fee, We will provide advance notice of the change on the Platform or in email to you. Your continued use of the Platform after the Commission Fee change becomes effective constitutes your acceptance of the updated Commission Fees.
The price shown on the Platform of the respective Sponsorship Opportunity is understood to be the final price including any VAT.
Payments will be handled by Mangopay, whose own terms and conditions will apply in relation to any transaction or attempted transaction. See full terms and conditions here.
Registration on the Platform will include automatic registration with Mangopay.
Should Users have any queries in relation to Mangopay’s terms and conditions they should contact them directly. Sponsure has no control or authority over the terms and conditions put in place by Mangopay.
Sponsure has no obligation to provide refunds or credits relating to any Sponsorship Contract.
Users are prohibited from the following business practises, or anything which in Sponsure’s reasonable judgement is equivalent or similar:
• Fulfillment or renewal of the Sponsorship Opportunity outside of the Platform.
• Sponsorship Opportunity practices that are aimed at selling or seeking fulfilment of any Sponsorship Opportunity or any part of a Sponsorship opportunity outside of Sponsure
• Use of links to online catalogues and/or brochures from which any part of any Sponsorship Opportunity can be fulfilled directly
A breach of a listed prohibition may result in one of more of the following consequences:
• Deletion of active Sponsorship Opportunities
• Restriction or suspension of Your account and therefore use of the Platform
• Termination and deletion of Your account from the Sponsure Platform.

Communications
The Platform enables the display of third party content (“User Content”) without review or moderation. Sponsure is not responsible for and does not accept any liability for or resulting from any such User Content.
The views expressed in any User Content are the views of the individual authors and not those of Sponsure unless we specify otherwise. We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.

By using the Platform you acknowledge that we have no responsibility to review any User Content and that all User Content is made available on the basis that we are not required to exercise any control or judgement over it. However we may remove any User Content for any reason.

If you post any User Content to the Platform, or otherwise publish or distribute User Content using the Platform, you grant us a non-exclusive, transferrable, sub licensable, royalty-free, irrevocable, perpetual worldwide licence to use that User Content for any purpose.

Any User Content you post or otherwise publish or distribute using the Platform must:
• Not be libellous or maliciously false
• Not be deceptive, offensive, harassing, inappropriate, obscene, indecent, violent, racist or bigoted,
• Be in compliance with applicable law, regulations or court orders; and
• Not be untrue, false, inaccurate or misleading.

It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. We have no way of telling if statements made by other users are true. You should therefore exercise some degree of caution when reading user content on any website. By using the website you accept that you use the website at your own risk.

Rights Holders and Sponsors have the ability to communicate via the messaging system. Users will be updated by email about messages that have been received. We advise that all Users try to respond within 24 hours of receiving the notification.

Restrictions and Obligations

You agree to comply with these Terms and all rules applicable to the use of the Platform.

You will not:
• Hack, modify, reverse engineer or create derivative works of the Platform or any part of it.
• Gain unauthorised access to any restricted part of the Platform.
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on the infrastructure.
• Interfere or attempt to interfere with the proper operation of the Platform or any activities conducted on the Platform.
• Remove, modify or obscure any copyright, trade mark or other proprietary notices on the Platform
• Create software which replicates or mimics the data or functionality in the Platform
• Collect data from the Platform by systematic or automated means
• Use any computer virus or malicious code of any nature in connection with the Platform
• Make any part of the Platform available to a third party who does not agree to these terms of use
• Impersonate another person, Rights Holder or Sponsor or otherwise misinterpret your affiliation with a person, Rights Holder or Sponsor.
• Hide or attempt to hide your identity
• Use your access to the Platform for the sending of marketing communications, Transmit spam, chain letters or other unsolicited communications
• Copy or exploit any part of the Platform or the content it contains
• Use the Platform or any part of it unfairly or for any illegal or immoral purpose; or
• Attempt to do any of the acts listed above.

Without prejudice to any of our other rights or remedies, if we reasonably suspect that you have breached any of these terms of use we can suspend or terminate your access to the Platform or take any other action we consider necessary to defend or promote any of our rights or interests.

Limitation of liability
The Platform comprises an online marketplace through which Rights Holders may create and list Sponsorship Opportunities and potential Sponsors may learn about and fulfil such Sponsorship Opportunities. You understand that Sponsure is not a party to any agreement entered into between any such parties as a result of any listing or fulfilment of any Sponsorship Opportunity, nor is Sponsure a sponsorship agent, broker, negotiator or insurer. Sponsure has no control over the conduct of any Users on the Platform and disclaims all liability in such regard to the maximum extent permitted by law.
By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of any user or users of the Platform will be limited to a claim against that user or those users. You agree not to attempt to impose liability or seek any legal remedy from Sponsure with respect to such actions or omissions.
You acknowledge and agree that to the maximum extent permitted by law the entire risk arising out of your access to and use of the Platform, your listing of any Sponsorship Opportunity via the Platform, your fulfilment of any Sponsorship Opportunity via the Platform, your use of the contracting or payment services available via the Platform and any contact you have with any other users of the Platform whether in person or online remains with you.
As far as is permitted by law, neither Sponsure nor any party involved in creating, producing or delivering the Platform will be liable for any incidental, special, exemplary, consequential direct or indirect losses or damages, including but not limited to loss of profits, loss of data, loss of goodwill, service interruption, computer damage, the cost of substitute or replacement products or services, arising out of or in connection with these terms, the use or inability to use the Platform, communication or interaction with any user of the Platform or as a result of your use of the Platform, your lisitng or fulfilment of any Sponsorship Opportunity via the Platform, or the contracting of or payment for any such Sponsorship Opportunity, whether in contract, tort or otherwise and whether Sponsure has been made, or ought to be aware, of the possibility or existence of such losses or damages.
Other than where such limitation is not permitted by law, and subject to the other provisions of these Terms, in no way will Sponsure’s aggregate liability arising out of or in connection with these terms and any use of the Platform, including but not limited to your lisitng or fulfillment of any Sponsorship Opportunity via the Platform, or the contracting of or payment for any such Sponsorship Opportunity exceed the greater of a) £100 or b) the aggregate amount of Commission Fee actually collected by Us from You in relation to the relevant Sponsorship Opportunity to which the liability relates to during the six month period immediately preceding the determination of such liability.

Indemnification
You agree to indemnify, defend and hold Sponsure and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any other User of the Platform, (ii) your listing of a Sponsorship Opportunity via the Platform (iii) your fulfillment of any Sponsorship Opportunity via the Platform (d) the exercise of any rights or fulfilment of any obligations held by you relating to any Sponsorship Opportunity listed at any time on the Platform, including (as far as is legally permissible) but not limited to any injuries, losses, or damages (incidental, special, exemplary, consequential direct or indirect or otherwise) of any kind arising in connection with or as a result of such Sponsorship Opportunity.

Disputes between Users
We are under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Platform. This includes, but is not limited to, the fulfilment of any Sponsorship Opportunity, and any other terms, conditions, warranties, or representations associated with any Sponsorship Opportunity listed on the Platform.
We will co-operate to the extent practicable with any law enforcement authorities in any investigations arising out of your dispute with another User.

Third Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Us.
We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Platform, you do so at your own risk, and you understand that these Terms do not apply to your use of such sites.

General
Sponsure gives no warranty in respect to any Sponsorship Opportunity or other information contained on the Platform and excludes all liability for any incorrect or inaccurate information or material the Platform contains. Images listed on Sponsorship Opportunities by Rights Holders are for illustration purposes only and may not reflect exactly the finished sponsorship property.
These Terms, constitute the entire agreement between you and Sponsure relating to your use of the Platform, to the exclusion of any other terms. Any failure to enforce any term herein does not constitute a waiver of that term.

If any part of these Terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

No representation or warranty is made as to whether the Platform complies with the laws of any other country other than the United Kingdom.

These terms of use are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

Contacting Us
If you have any questions or queries, please contact us. We will try to respond to you within 72 hours.
Sponsure Limited
Company number – 10469260
info@sponsure.com
20-22 Richfield Avenue
Reading
Berkshire
RG1 8EQ