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SquashLevels Terms and Conditions
 

Last update: November 2020. Changes are highlighted.

These terms and conditions (together with the documents referred to in it) tell you the terms of use on which you may make use of the squashlevels.com website (the “Website”), whether as a visitor, registered user or a subscriber.

Please read these terms and conditions carefully before you start to use the Website or subscribe for the Services. By using the Website or subscribing for the Services, you indicate that you accept these terms and conditions and that you agree to abide by them.

If you do not agree to these terms and conditions, please refrain from using the Website. We reserve the right, at any time, to modify these conditions by posting a revised version on this Website. You acknowledge that you have read and understood (and agree to be bound by) these terms and conditions now and every time you use the Services.

By continuing to use the Services you accept any revised version.

About us

SquashLevels.com is a Website operated by SquashLevels Limited ("SquashLevels”, “We”, “Us”). We are registered in England and Wales under Company Number: 09746300 and our registered office at Glenavon Park, Bristol, United Kingdom, BS9 1RW, United Kingdom.

SquashLevels provides a service that gives players the ability to monitor their playing level in comparison with other players. The website accesses match data from a number of different sources and uses an algorithm to create a ‘level’ based on the results. The website is built around three main features: search, rankings and the player profile page.

  • The search feature provides the ability to look up any player in the system.
  • The rankings page provides the ability to search for any player in the system within the context of specific ranking lists.
  • The player profile page offers a range of features that include match history, player compare and playing level stats.

In addition, SquashLevels enables players to take part in box leagues, with the results entered (automatically) into the SqaushLevels system.

These features, tools, applications, materials or other services offered from time to time by SquashLevels are referred to collectively as the "Services".

Use of Information

Except for the use of Cookies (see our cookies policy.), you can visit certain parts of the Website without disclosing any information about yourself. SquashLevels does not collect personal identifying information when you access the Website homepage and browse these parts of the Website without you disclosing your personal data. However, to start a free trial, purchase any subscription to access the Services on this Website, to participate in any contest or message feature, vote in polls or otherwise express an opinion, or subscribe to one of our services such as online newsletters, or participate in one of our online forums or communities, you must register and provide accurate information about yourself to the Website, as the Services may not work properly without such information.

The types of information that may be collected on these pages include: your name, e-mail address, postal address, nationality and telephone/mobile number, and your gender and date of birth ("Personal Information"). We request these details in order to provide the Services to you (i.e. dispatch news and SquashLevels communications via email, post, or phone), to respond to any queries you may have, to ensure we request and receive the correct consent from you, and to understand customer trends and patterns.

Your Personal Information is password protected, and any Personal Information you provide to the Website is protected from unauthorised disclosure by reasonable technological measures including encryption. Passwords are stored encrypted and cannot be recovered. We recommend that you do not divulge your password to anyone.

1. Orders

By subscribing to and paying for the Services you agree that you are entering into a legally binding contract with SquashLevels. The contract is conditional on the transaction being authorised by your card issuer. If the transaction is authorised your account will be activated. Your access to the Services is at all times subject to these Terms and Conditions.

2. Price & payment

SquashLevels offers a 30 day free trial to all users. All users are entitled to one free trial period only. No payment is required and users will be granted 30 days ‘Gold’ membership as part of the standard free trial. At the end of the free trial users will be offered the ability to subscribe and begin paying for the service. You will have two premium options to choose from either Gold or Platinum membership.

Users who do not select one of our premium memberships will default to either a ‘basic’ or ‘governing body’ membership which will give you a version of the service with reduced functionality.

The governing body membership is provided to affiliated members of a governing body which currently includes England Squash, Squash Wales and Swedish Squash. A governing body membership gives access to some enhanced features of the website and also entitles you to discounted premium subscription options.

Our prices only cover access to the Services. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider.

All our prices do not include VAT but should SquashLevels become VAT registered then the subscription fee will become inclusive of UK VAT at the rates in force at the time. Except in the case of manifest error, the prices payable for the Services that you order are as set out on this website at the time at which you place your order. Payment for services must be made through the Stripe gateway. SquashLevels reserves the right to refuse credit/debit card payments in its reasonable discretion. Stripe will process your payment on a secure site.

3. Duration & termination

Your subscription lasts one full year starting from midnight of the day you begin your subscription. At the end of that period (as long as your subscription has not been cancelled) your card account will be automatically debited for the following year's subscription, at the same price as your current subscription, providing you one more year's access to the system at the same membership level.

Your right to terminate: You may cancel your subscription at any time by following the instructions on this page. If you cancel, your current subscription will continue until it naturally terminates, one year after it began, and your membership will default to either a ‘basic’ or ‘governing body’ membership which will provide you access to the system with reduced functionality. There will be no further charges. After that, you will be able to take out a new subscription for our premium services at any time but not necessarily at the price you initially paid.

If you have any questions please contact us via support@squashlevels.com.

Your right to a refund (this does not include any free trial period):

In accordance with the Distance Selling Regulations 2000 the following directive relates to the exception to the right to cancel:

(a) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts;

(b) For the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer's agreement before the end of the cancellation period applicable.

Your contract with SquashLevels is deemed to commence when your Access to the Services is enabled, and as such the above regulation applies and we do not offer the right to cancel once the first search has been made and therefore no refunds are given.

It is your responsibility to ensure that you cancel your account as this is a rolling subscription service. No refunds will be given if you fail to cancel as per the instructions outlined in this clause.

Our right to terminate:

SquashLevels may terminate this agreement with immediate effect and by written notice at any time if you commit a material breach of this agreement (and any breach of clause 2 or 6 will be considered to be a material breach) or if you do not fulfil any of the technical requirements set out in clause 4. In addition, SquashLevels may terminate this agreement on one calendar month's notice given in writing to you in accordance with clause 5.

If SquashLevels terminates the agreement other than as a result of your breach or technical non-compliance, you may receive a refund of the amount you pre-paid for the Services less an amount proportionate to the number of days for which you have had access to the Services.

4. The services & service availability

The 'Services' shall be for the provision to you of access to Services on this Website. However SquashLevels reserves the right to amend the nature and extent of the Services available at any time. You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services. In the event that SquashLevels reasonably determines that you do not meet these requirements SquashLevels reserves the right to refuse the provision of Services to you.

In such a case you will be entitled to a refund of any sums paid as provided for in clause 3 ("Our right to terminate"). SquashLevels will use its reasonable endeavours to ensure that the Services are made available to you at all times.

However, this Website is provided on an "as is" basis. The Website may not be uninterrupted, timely, secure or error-free. From time to time we will need to close the website to carry out upgrades or maintenance. We will try to keep this to a minimum. Subject to the constraints described above, SquashLevels will carry out the Services with reasonable care and skill.

Apart from this we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any other statutory rights you may have as a consumer.

5. Technical support & contacting SquashLevels

You can contact SquashLevels whether to discuss technical problems or trace your subscription, or for any other reason by emailing SquashLevels as described below. In all instances, please be ready to give your name and e-mail address which SquashLevels will require from you in order to identify your subscription. You may want to print a copy of this page for future reference.

Any notice given by SquashLevels can be given by email to the most recent email address we hold for you.

You can contact SquashLevels at any time via support@squashlevels.com.

6. Your use of the services

The design, text, graphics, footage, images and other feed you receive (and any selection or arrangement) are subject to the copyright of SquashLevels and others.

Except as otherwise expressly permitted under this Agreement or by us, you agree that you will:

(a) use the Services for non-commercial purposes only without making any gain and that you will not permit any other person or persons to use the Services. This means, for example, that you must not charge for viewing of the Services and that you cannot use the Services to attract others to buy goods or Services from you or anyone else;

(b) at any given time, only view the Services via your permitted PC and never permit any other person to access the Services. You must keep your password secure and never share passwords or other access codes with anyone or in any way make them accessible to others;

(c) not copy, record or store all or any part of the Services (other than on a purely transitory basis to permit you to view them) or divert, re-transmit or otherwise distribute all or any part of the Services to any person, or authorise, enable or procure any other person to do any of the above;

(d) not alter, disassemble, decompile or reverse engineer any part of the Services;

(e) not view the Services in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so; and,

(f) not abuse this Website or use it for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through the site, or using the site in a manner which violates or infringes the rights of anyone else).

As well as our right to terminate for breaches by you (clause 3) we may suspend the Services (or your access to them) if your use of them is abusive, excessive or against the interests of other subscribers or in breach of these Terms and Conditions, or if we are requested to do so by a regulatory authority.

7. Liability

Unless agreed otherwise in writing, the maximum liability of SquashLevels to you arising by reason of or in connection with the supply of the Services to you shall be limited to the amount paid by you in respect of the Services in question ("payment amount"). SquashLevels shall not in any event be liable to you for:

(i) any direct loss in excess of the payment amount; or,C

(ii) any corruption to data or any indirect or consequential loss whatsoever even if it has been advised of the possibility of such loss or should reasonably know of such loss.

SquashLevels does not accept any responsibility for team selections that are based on the SquashLevels rankings. SquashLevels is designed as a tool to indicate current playing performance. It is meant as a guide rather than an absolute measure. The Services can be used as an indicator of form. SquashLevels does not take any responsibility for decisions that are made based on the data provided through the Website.

8. Data protection

We highly value and protect your personal data. Please see our privacy policy.

9. Force majeure

SquashLevels shall not have any liability to you for any delay or failure to deliver the Services to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of SquashLevels including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Services), telephone or other inter connect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement.

If this means that you fail to receive a substantial element of the Services, SquashLevels may refund such proportion of the sum pre-paid by you in respect of the Services as it decides, acting reasonably, is fair in the circumstances.

10. Waiver

No waiver by SquashLevels shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.

11. Entire agreement

These Terms and Conditions together with the current Services prices and contact details on this Website, set out the whole of the agreement between you and SquashLevels.

This agreement cannot be changed or terminated orally, and no changes or amendments to this agreement shall be binding upon the parties until confirmed in writing by Us. SquashLevels’ employees or agents are not authorised to make any representations concerning the Services unless confirmed in writing by SquashLevels. You confirm that you do not rely on, and waive any claims for breach of, any such representations that are not so confirmed.

12. Third party rights

(a) Clauses 7, 8 and 9 of these Conditions confer a benefit on SquashLevels and are intended to be enforceable by SquashLevels by virtue of the Contracts (Rights of Third Parties) Act 1999.

b) Except as provided in clause 12(a), a person who is not a party to the contract governed by these Conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

13. Governing law

These Conditions shall be exclusively governed by and construed in accordance with the laws of England and Wales you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.