Terms & Conditions.
Please read our Terms & Conditions carefully before using this website.
Copyright.
You acknowledge and agree that all content included on this website
including, but not limited to, website design, text, graphics, audio clips,
visual clips, logos, button icons and the selection and arrangement
thereof shall remain at all times vested in Pro:Direct Sport or its content
suppliers and is protected by UK and international copyright laws. You
are permitted to use this material only as expressly authorised by the
applicable rights holder. Subject to the foregoing, the page headers,
custom graphics and button icons are (unless indicated otherwise)
service marks, trademarks, and/or trade dress of Pro:Direct Sport.
All software used on this website is the property of Pro:Direct Sport
and is protected by UK and international copyright laws ALL RIGHTS
ARE RESERVED. Permission is granted to electronically copy and to print
in hard copy portions of this website for the purposes of placing an
order with Pro:Direct Sport and using this website as a shopping
resource ONLY. Any other use of materials on this website, including
but not limited to, reproduction for purposes other than those noted
above, modication, distribution, transmission, broadcasting,
republication, downloading or uploading without the prior written
permission of Pro:Direct Sport is strictly prohibited.
Notification of Copyright Infringement.
Pro:Direct Sport will, in appropriate circumstances, terminate the
accounts of users who infringe the intellectual property rights of others.
If you believe that your work has been used or copied in a way that
constitutes copyright infringement, please provide our Legal
Department with a notice (containing the following elements.
A physical or electronic signature of the person authorised to act
on behalf of the owner of the copyright interest that is alleged to
have been infringed;
A description of the copyrighted work or works that you claim
have been infringed and which you request to be removed from
the site;
A description of the location of the material that you claim is
being infringed;
Information sucient to permit Pro:Direct Sport to contact you,
such as your physical address, telephone number and e-mail
address;
A statement by you that you have a good faith belief that the use
of the material identied in your Notice in the manner complained
of is not authorised by the copyright owner, its agent, or the law;
A statement by you that the information in your Notice is accurate
and that you are the copyright owner or are authorised to act on
the copyright owner’s behalf.
You can notify Pro:Direct Sport of any claims of copyright infringement
at the following address:
Pro:Direct Sport, Shaldon Road, Newton Abbot, Devon TQ12 4PQ
Consent.
Pro:Direct Careers, Pro:Direct Sport, Pro:Direct Soccer, Pro:Direct
Running, Pro:Direct Tennis, Pro:Direct Cricket, Pro:Direct Rugby and
Pro:Direct Select are all trading names and registered trademarks
of Pro:Direct Sport Limited.
This website is operated by Pro:Direct Sport Ltd and its subsidiaries
and aliates (collectively, “us”, “we” or “ Pro:Direct Sport Ltd”).
By accessing or using Pro:Direct Sport Ltd websites or services, or the
mobile versions of either, (collectively the “Website”) you signify that you
have read, understand and agree to be bound by these Terms of Use
(“Terms of Use” or “Agreement”) and any other applicable law, whether
or not you are a registered member of Pro:Direct Sport Ltd. Pro:Direct
Sport Ltd may change these Terms of Use at any time without notice,
eective upon its posting to the Website. You agree to review these
Terms of Use regularly to make yourself aware of any changes. Your
continued use of the Website shall be considered your acceptance to
the revised Terms of Use. If you do not agree to these Terms of Use,
please do not use this Website.
You may wish to open these terms and conditions in another browser
window so you may print them out.
Ownership and Operation.
Pro:Direct Sport is operated by Pro:Direct Sport Limited (“Pro:Direct
Sport”. Pro:Direct Sport is a company incorporated in England and
Wales, VAT number GB115152945, company number 04245687.
Our registered oce is at Torre House, Shaldon Rd, Newton Abbot,
Devon, England TQ12 4PQ
Registration.
You will need to register with Pro:Direct Sport to place an order for
products through this website.
In return for permitting you to use any of the Pro:Direct Sport websites
and beneting from our services, you agree that any information you
provide to us about yourself at any time will be true, accurate, current
and complete and that you will ensure that this information is kept
accurate and up to date. If incorrect information is supplied, any
contractual obligation Pro:Direct Sport has is immediately null and void.
Conditions of Registration.
If you are under 18, you must ask your parents or guardians before you:
Email Pro:Direct Sport or post a website comment;
Request Pro:Direct Sport e-mail anything to you;
Send in any information to Pro:Direct Sport;
Purchase anything online.
By continuing to use this website and any of the services oered, you
are conrming that you have received the consent of your parents
or legal guardian. PLEASE NOTE: that all minors are recommended
to discuss these terms and conditions with their parents before they
complete the registration process.
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Site Usage.
You agree that you will only use our website in a way which is consistent
with the Terms and Conditions and which complies with applicable
laws and regulations. In particular you agree that you will not use this
website to upload or send any material which contains software viruses
or other codes, les or programs designed to interrupt, destroy
or limit the functionality of any computer software, hardware or
telecommunications equipment or in any other manner which would
interfere with or disrupt this website. You acknowledge that this website
and any goods that you obtain from our website are provided for your
personal use only and may not be used for any commercial purposes
or distributed commercially without our permission.
Images.
The majority of the product images displayed on Pro:Direct Sport
websites and in advertisements and catalogues have been created
by our own professional team of photographers, as most product
is initially sold on a Pre-Order basis the image may display the
manufacturer’ sample, the nal released product may have slight
dierences in terms of colour or pattern. Once the nal released
product is received at PDS if we notice any dierences to the sample
the product will be re-shot and image changed on the websites.
Disclaimer: Whilst every eort is made to ensure product images
and descriptions are correct when submitted on PDS websites we will
not be held responsible for any changes made by the manufacturers.
Please though read our FAQ’s on what to do if you are unhappy
with a product you have received.
Links.
Pro:Direct Sport may provide links to websites owned by Pro:Direct
Sport and associated companies from time to time and/or websites that
are owned by third parties that are not connected with Pro:Direct Sport
including other websites owned by Pro:Direct Sport Limited. All links are
provided for your convenience only. Access to websites that are owned
by third parties is at your own risk and none of Pro:Direct Sport has any
responsibility or liability for such third party websites.
Mobile Services.
The Website may contain services and features that are available
to certain mobile phones. Your carrier normal rates and fees apply.
If Pro:Direct Sport charges you for a mobile service, you will rst be
notied and asked to accept any charges. Not all mobile services will
work with all carriers or devices. You should check the rates and
services oered by your carrier. By using Pro:Direct Sport mobile
services, you agree that we may communicate with you by electronic
means to your mobile device and that certain information about
your use if these services may be shared with us. If you change
or deactivate your mobile phone number, you must promptly
update your account information to ensure that we don’t send
your messages to a dierent person.
Trademarks.
You acknowledge and agree that trade marks included on this website
shall remain at all times vested in, Pro:Direct Sport or any third party
licensing use thereof to Pro:Direct Sport (as applicable). You further
undertake not to use any such trade marks without the prior written
consent of Pro:Direct Sport Limited, Pro:Direct Sport Trademarks or
Third Party Trademarks without the prior written consent of Pro:Direct
Sport or such third parties as own the applicable trade mark. The
Pro:Direct Sport logo is an ocial trade mark of Pro:Direct Sport
and is the subject of extensive trade mark registration worldwide.
For further information on intellectual property matters contact us:
Pro:Direct Sport, Shaldon Road, Newton Abbot, Devon TQ12 4PQ
Content supplied by users.
If you send communications or materials to this website by electronic
mail or otherwise, concerning any comments, questions, suggestions
or the like, all such communications are, and will be treated as,
non-condential and non-proprietary. Thus, you give up any claim that
any use of such material infringes any of your rights including without
limitation moral rights, proprietary rights or any other right,
including the right to approve the way in which Pro:Direct Sport uses
such material.
Any material submitted to this website, may be adapted, broadcast,
changed, copied, disclosed, licensed, performed, posted, published,
sold, transmitted or used on a royalty free basis by Pro:Direct Sport
anywhere in the world, in any medium, in perpetuity.
Please note: that this provision does not relate to any personal data
that you submit which will be dealt with in accordance with the
provisions of Pro:Direct Sport’s ‘Privacy Policy’ which is part of these
Terms and Conditions.
Amending the Terms and Conditions of use.
Pro:Direct Sport reserve the right to add to, amend, change or remove
any part of these Terms and Conditions at any time. When material
changes are made to the Terms and Conditions, a notice will be
published on the home page of the Pro:Direct Sport website notifying
users that such changes have been made. By continuing to use this
website after the publication of such a notice, you are indicating your
acceptance of those changes.
Pro:Direct Sport may add, change, discontinue, remove or suspend
any other content displayed on this website, including features and
specications of products and services described or depicted on the
website, temporarily or permanently, at any time, without notice and
without liability.
Privacy.
Pro:Direct Sport treat customer privacy extremely seriously. Our Privacy
Policy provides details about the type of information we may collect
from you and details of how we may use this information. You are
asked to read our Privacy Policy, which forms a part of these Terms and
Conditions and sets out the way in which your personal data is handled
by Pro:Direct Sport.
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by the Indemnied Parties in connection with any claim arising out of
any breach by you of these Terms and Conditions. You will co-operate
as fully as reasonably required by Pro:Direct Sport as the case may be,
in defence of any claim. Pro:Direct Sport reserves the right, at their own
expense, to assume the exclusive defence and control of any matter
and you shall not in any event settle any matter without the written
consent of Pro:Direct Sport.
Alterations We may amend this website and our services in any way
and at any time with or without notice to you.
Complaints and Comments.
If you have any complaints or comments about our website or any of
the products supplied to you, please contact Pro:Direct Sport by calling
our Customer Service Team on the number advertised on the relevant
Pro:Direct Sport website, by emailing customerservices@prodirectsport.
com or through the comments section on the website. Our Customer
Service Team are available 7 days a week, from 9am until 9pm
weekdays, 9am until 5.30pm Saturdays and 10am until 4pm on
Sundays and Bank Holidays. Please allow 24hrs for us to respond
to website comments and emails.
Miscellaneous.
The Terms and Conditions together with our FAQ Section and
Privacy Policy contain the full and complete understanding between
Pro:Direct Sport and you. No advice or information, whether oral
or written, obtained by you through or from the website or from any
conversations with our sta will operate to vary these terms and
conditions.
The Terms and Conditions together with our FAQ section and Privacy
Policy and all contracts made under them shall ensure for the benet
of any successors and assignees of Pro:Direct Sport.
Email Subscription.
In situations where Pro:Direct Sport gives you the option to subscribe
to its email service which will update you with news or information
which it considers to be of interest to you, your use of the content
received through the email service will be subject to these Terms
and Conditions.
Website Restrictions.
You may use the Content only for your own non-commercial use to
participate in the Website or to place an order or purchase products
from Pro:Direct Sport Ltd. Any other use is prohibited unless agreed
to by Pro:Direct Sport Ltd in writing. You agree not to change or delete
any ownership notices from materials downloaded or printed from the
Website. You agree not to modify, copy, translate, broadcast, perform,
display, distribute, frame, reproduce, republish, download, display, post,
transmit or sell any Intellectual Property or Content appearing on the
Website, including User Generated Content, without the prior written
consent of Pro:Direct Sport Ltd, unless it is your own User Generated
Content that you legally post on the Website. You agree not to use any
data mining, robots, scraping or similar data gathering methods.
Nothing in these Terms of Use shall be interpreted as granting any
license of intellectual property rights to you.
Published Activity.
Pro:Direct Sport allows you the option to publish about the actions
you take on Pro:Direct Sport Website to Facebook, Twitter and other
social platforms. Pro:Direct Sport does not control which information
gets disseminated on participating social platforms. You agree to allow
Pro:Direct Sport to check your Pro:Direct Sport cookies when you are
visiting participating social platforms, and allow Pro:Direct Sport to
receive information about your use of those social platforms. You can
deactivate this publishing feature on your prole page.
Indemnification.
You agree to indemnify, defend, and hold harmless Pro:Direct Sport Ltd,
its ocers, directors, employees, agents, licensor and suppliers from
and against all claims, losses, liabilities, expenses, damages and costs,
including, without limitation, attorneys fees, arising from or relating in
any way to your User Generated Content, your use of Content, your use
of the Website, your conduct in connection with the Website or with
other Website users, or any violation of these Terms of Use, any law
or the rights of any third party.
Liability.
Pro:Direct Sport will endeavor to ensure that this website is fully
operational at all times. However we cannot guarantee that the website
will be fault free. In particular, access to this website may be interrupted
or restricted to allow for emergency or routine repairs or maintenance
to be carried out or the introduction of new facilities or services.
Further, by using this website and any sub-site, you acknowledge and
agree that the Internet uses elements and relies upon services, input
and facilities which are not within the control of Pro:Direct Sport and
if Pro:Direct Sport is totally or partially prevented or delayed in the
performance of any of its obligations in providing a particular service,
such a situation will constitute a ‘force majeure’ and Pro:Direct Sport
shall be excused the performance for so long as such a situation
endures.
For the purposes of these Terms and Conditions, the term ‘force
majeure’ shall be deemed to include any cause aecting the
performance by Pro:Direct Sport of its obligations arising from
or attributable to acts, events, omissions or accidents beyond the
reasonable control of Pro:Direct Sport and in particular, but not by
way of limitation, shall include strikes, lock-outs, other industrial action,
actual or threatened terrorist action, civil commotion, riot, crowd
disorder, invasion, war, threat or preparation for war, re, technical
or power failure, software, hardware or telecommunication or other
network failures, interruptions, disruptions or malfunctions, explosions,
storm, ood, earthquake, subsidence, structural damage, epidemic
or other natural or physical disaster, any legislation, regulation,
rule or ruling of government, court or any competent authority.
Pro:Direct Sport reserves its right to restrict, suspend or terminate
your use of this website or any of our services at any time if we believe,
in our absolute discretion, that you have breached these Terms and
Conditions.
You agree to indemnify, defend and hold Pro:Direct Sport, all of their
associate companies, their directors, employees, information
providers, licensor and licensees, ocers and partners, (collectively, the
“Indemnied Parties”) harmless from and against any and all liability and
costs (including, without limitation, legal fees and costs), incurred
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Limitation of Liability.
To the fullest extent permitted by applicable laws, none of Pro:Direct
Sport nor any of their respective directors, employees, aliates or other
representatives will be liable for loss or damages arising out of or in
connection with the use of, or inability to use, the materials in and/or
facilities or services oered through this website, including, but not
limited to, indirect or consequential loss or damages, loss of data,
income, prot or opportunity, loss of or damage to property and claims
of third parties, even if Pro:Direct Sport have been advised of the
possibility of such loss or damages or such loss or damages were
reasonably foreseeable. If this clause is unenforceable in whole or
in part in any jurisdiction due to relevant laws, then in no event shall
Pro:Direct Sport’s total liability to you for all damages, losses, and claims
(whether in contract, tort (including, but not limited to, negligence),
or otherwise) exceed the amount paid by you, if any, for accessing this
website.
Fraud Prevention.
To help prevent credit/debit card fraud, we may request additional
information should we have any concerns with your order.
This additional information would be proof of billing address
or simply a conversation with you so we can discuss our concerns.
Pro:Direct Sport will never cancel or not accept an order without liaising
with the customer unless we are certain the order was not genuinely
placed by the cardholder.
Any details which are conrmed as fraudulent are passed to the UK
police force in cooperation with ActionFraud (http://www.actionfraud.
police.uk). Credit card fraud is illegal and we will cooperate with all
domestic and international police/crime prevention agencies and
seek to prosecute all perpetrators to the fullest extent of the law.
If you have any concerns/questions regarding our fraud processes,
or you are in law enforcement and require information regarding
a specic transaction, please contact [email protected]
and a member of our Business Protection team shall be in contact.
Warranty Disclaimer.
Pro:Direct Sport is not responsible or liable for any User Generated
Content or other Content posted on the Website or for any oensive,
unlawful or objectionable content you may encounter on or through
the Website. The Website, User Generated Content, Content, and the
materials and products on this Website are provided ԁS ISO and
without warranties of any kind. To the fullest extent permitted by law,
Pro:Direct Sport disclaims all warranties, express or implied, including,
but not limited to, implied warranties of title, merchantability, tness
for a particular purpose and non-infringement. Pro:Direct Sport cannot
guarantee and does not promise any specic results from use of the
Website. Pro:Direct Sport does not represent or warrant that the
Website will be uninterrupted or error-free, that any defects will be
corrected, or that this Website or the server that makes the Website
available are free of viruses or anything else harmful. To the fullest
extent permitted by law, Pro:Direct Sport does not make any warranties
or representations regarding the use of the materials or Content in the
Website in terms of their correctness, accuracy, adequacy, usefulness,
reliability or otherwise. You understand and agree that you download
or otherwise obtain Content (including any mobile client) at your own
risk, and that you will be solely responsible for your use and any
damage to your mobile device or computer system, loss of data
or other harm of any kind that may result. Pro:Direct Sport reserves the
right to change any and all Content and other items used or contained
in the Website at any time without notice. Some states do not permit
limitations or exclusions on warranties, so the above limitations may
not apply to you.
Governing Law.
These Terms and Conditions and any contracts made under them are
governed by and shall be governed and construed in accordance with
the laws of England and Wales whose courts shall be courts of exclusive
competent jurisdiction. We make no representation that materials
on this Site are appropriate or available for use in other locations,
and accessing them from territories where their contents are illegal is
prohibited. Customers who access this website from locations outside
the United Kingdom do so at their own risk and on their own initiative
and are responsible for compliance with local laws, to the extent that
any local laws are applicable. Nothing in these Terms shall in any way
be deemed to restrict or aect your statutory rights under English law.
Termination.
Pro:Direct Sport reserves the right in its sole discretion to terminate
your account, delete your prole and any of your User Generated
Content, and restrict your use of all or any part of the Website for any
or no reason, without notice, and without liability to you or anyone else.
Pro:Direct Sport Ltd also reserves the right to block users from certain
IP addresses and prevent access to the Website. You understand and
agree that some of your User Generated Content, such as that which
is displayed outside your prole, in activity feeds, in other parts of the
Website, or on other social platforms (e.g., Facebook and Twitter), may
continue to appear on the Website or on other social platforms even
after your User Generated Content is removed or terminated. These
Terms of Use remain in eect even after your account is terminated.
The Terms of Use relating to Intellectual Property, Indemnication,
User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability,
Miscellaneous, Severability and terms that by their nature may survive
termination shall survive any termination.
Force Majeure.
Pro:Direct Sport shall not be liable for any failure to perform
its obligations where such failure is a result of acts of Nature
(including re, ood, earthquake).
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