1.0 Introduction

These terms and conditions (“Agreement”) govern the registration of the use of:

• the Lokkaroom-branded software application and related software application (“Apps”);
• the website https://www.lokkaroom.com and/or any sub-website and/or associated domains (and/or sub-domains) of https://www.lokkaroom.com(the “Site”); and
• the services available from us via the Apps and the Site (“Services”), (together referred to as “Lokkaroom”).

Lokkaroom is provided by TMA Sports Management Limited (“we”, “us”, “our”, “TMA Sport”), to each of the users of Lokkaroom (“You”, “Your” and “User”).

This Agreement includes our Privacy Policy (https://lokkaroom.com/privacy). You should read this Agreement before agreeing to them and using Lokkaroom. 

We separately provide sporting clubs (each a “Club”) with access to Lokkaroom under separate agreements which permit them to set up their own secure branded Lokkaroom to offer their products (“tickets, merchandise, courses, live streams, memberships”) under separate terms and conditions between them and each User who registers for their Lokkaroom (“Lokkaroom Service Terms”). Under our separate agreement with each Club, we are appointed and authorized by each Club to act as a commercial agent to negotiate or conclude on the sale of Products to Users only on behalf of the Club under the relevant Lokkaroom Service Terms, not under this Agreement. 

This Agreement does not govern the supply of any Lokkaroom, but governs:

• your ability to register with a Club for access to its Lokkaroom and respective products
• your use of Lokkaroom outside each Lokkaroom.

This Agreement shall start on the date in which your account is created.

Lokkaroom is intended solely for use by individual sports fans and buyers. Lokkaroom is provided from the United Kingdom (“UK”) and is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to any applicable local law, regulation or rule.

This Agreement is concluded in the English language and all communications (including any notices or the information being transmitted) shall be in English. If the Agreement is translated into any other language (whether for your convenience or otherwise), the English language text of the Agreement shall prevail.

Any questions regarding the service provided through this Agreement should be directed to our customer service team at marketing@tmasport.com unless otherwise advised by us.

2.0 Information about us

TMA Sports Management Ltd is a company incorporated in England and Wales (company number 12744600) with registered office and principal trading address is at c/o 

Thrive Hubs Ltd, 25 The Crescent, Plymouth, Devon, United Kingdom PL1 3AD.

3.0 Access to Lokkaroom

Lokkaroom account ownership is available to sports fans of all ages, globally. For those under the age of 16, parental consent is required.

We agree to provide Lokkaroom with reasonable skill and care in accordance with all applicable UK laws and regulations.

We shall use commercially reasonable endeavours to make Lokkaroom available 24 hours a day, seven days a week, except for routine and emergency maintenance. However, access to Lokkaroom is not guaranteed. 

Subject to Applicable Law, from time to time we may:

• withdraw or amend any feature of Lokkaroom provided without notice;
• restrict access to some parts of Lokkaroom, or an entire Lokkaroom

As a Lokkaroom Account Holder, you will be granted a personal wallet that does not hold any funds or other assets, but records:

• which Lokkarooms you are a member of (and which tier of membership)
• your past purchases; including but not limited to, Tickets, Merchandise, Collectibles, Votes and Courses, as well as any new features we rollout.

As part of your registration for a Lokkaroom account, you will be responsible: (i) for setting and keeping the confidentiality of the credentials used to access your account; and (ii) all activities that occur under your registered account.

To access your Lokkaroom Account, you will require a valid email address and will be asked to enter a username, password and any other piece of information we deem necessary as part of our security procedures.

You must not impersonate or try to impersonate another person when providing us with your personal information that we collect from you. 

If you think that someone else may have access to, or be using, your Lokkaroom Account without your consent, you must tell us immediately by emailing our customer services team at marketing@tmasport.com.

You certify that all information you provide to us at registration is accurate. You must have a valid email address registered with us at all times. If we become aware that an email that we sent to you did not arrive for any reason, your Lokkaroom Account may be temporarily suspended until you contact us with a verifiable address.

We can refuse to act on any instruction that we believe: (i) was unclear; (ii) was not given by or with your authority; (iii) might cause us or any of our partners to breach a legal or other duty; or (iv) involves the use of Lokkaroom for an illegal purpose.

Until you notify us by emailing marketing@tmasport.com that you believe that someone else has access to your account:

• you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
• we will not be responsible for any unauthorised access to confidential information about you in Lokkaroom.

If we believe you have acted fraudulently, or if we believe you have intentionally, or with gross negligence, failed to keep your Lokkaroom credentials secure and confidential at all times, we will hold you liable for all subsequent transactions and any associated costs.

We will do all that we reasonably can to prevent unauthorised access to Lokkaroom.

Except as required by Applicable Law, we shall not be responsible, and you will be solely responsible, for (a) compiling and retaining permanent records of all your use of Lokkaroom or your Lokkaroom Account, and (b) reconciling all transaction activity between your own system or device and your Lokkaroom Account.

Upon the termination of this Agreement for any reason, we shall have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with Lokkaroom (but we may do so to comply with our obligations under Applicable Law). 

4.0 Using Lokkaroom

Unless otherwise specified in this Agreement, to use Lokkaroom you must log-in to your Lokkaroom Account and follow the relevant instructions for joining a Club for access to its Lokkaroom.

We may restrict or suspend your use of Lokkaroom without notice:

• if we, a Club or any other service provider identifies or suspects that suspicious, fraudulent or illegal activities are being carried out in relation to your use of Lokkaroom;
• if we believe you have not complied with this Agreement; or
• in the event of exceptional circumstances which prohibit the normal operation of Lokkaroom.

Unless it would be unlawful for us to do so or it is impracticable, where we stop or suspend the use of Lokkaroom, we will notify you of this and our reasons for doing so, by sending an email to the email address you have provided to us.

5.0 Fee structures

There are no fees payable for your use of Lokkaroom as a fan – however, transactional activity within Lokkaroom can take place, including purchasing tickets, merchandise, courses and so on. 

As a club or business on Lokkaroom, you will, as standard, be charged a one-time onboarding fee that covers the setup costs of your chosen feature suite. Once live, any further features will incur an additional charge.

Beyond this, Lokkaroom charges a minor percentage of every transaction made.

6.0 Prohibited uses

You must use Lokkaroom lawfully, and not use it for any of the things listed here.

(a) in any way that breaches any Applicable Law;

(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c) for the purpose of harming or attempting to harm any person in any way;

(d) to send, knowingly receive, upload, download, use or re-use any material which is defamatory, contains any material which is obscene, offensive, hateful or inflammatory, promotes sexually explicit material, promotes violence, or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(e) to send, knowingly receive, upload, download, use or re-use any material which is the private information of any third party;

(f) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;

(g) to harvest or collect email addresses or other financial, personal or contact information of other users of Lokkaroom or from Lokkaroom by electronic or other means for the purposes of sending unsolicited communications;

(h) to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your financial employment or personal circumstances or your affiliation with any person or entity;

(i) to solicit personal information from anyone under 18 or solicit passwords or personal data for commercial or unlawful purposes.

You also agree:

(a) not to use or attempt to use another person's Lokkaroom Account without authorization from us, or create a false identity in relation to Lokkaroom;  

(b) not to do or say anything that would bring Lokkaroom or any Club into disrepute.

7.0 Viruses, hacking and other offences

You must not abuse Lokkaroom and or do any of the following:

(a) misuse Lokkaroom by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(b) attempt to gain unauthorised access to Lokkaroom, the server/servers on which Lokkaroom or any part of it is stored or any server, device, computer or database connected to Lokkaroom;

(c) attack Lokkaroom via a denial-of-service attack or a distributed denial-of service attack or in any other way use Lokkaroom or any Site in any unlawful manner or in any other manner that could damage, disable, overload or impair Lokkaroom or any Site or the servers on which it is hosted.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Lokkaroom or to your downloading of any material posted on it, or on any website linked to it.

You must not access without authority, interfere with, damage or disrupt: 

(a) any part of Lokkaroom;

(b) any equipment or network on which Lokkaroom is stored;

(c) any software used in the provision of Lokkaroom; or

(d) any equipment or network or software owned or used by any third party;

8.0 Licence and Intellectual Property Rights

We are the owner or the licensee of all Intellectual Property Rights in Lokkaroom, and the Content that we provide you via Lokkaroom (“Lokkaroom Content”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. For the purpose of this Agreement, “Intellectual Property Right” means copyright, database right or trade mark, patent, moral right, design right, registered design, service mark, domain name, unregistered design or other intellectual property right anywhere in the world of any other person.

By posting Your Content to any part of Lokkaroom, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute.

You may remove Your Content from Lokkaroom at any time.

You are solely responsible for Your Content. You must not post, transmit, or share Content on Lokkaroom that you did not create nor that you do not have permission to display, publish or post. You understand and agree that we may, but are not obliged to, review Lokkaroom or the Site and may delete or remove (without notice) any of Your Content in our sole and absolute discretion. You are solely responsible at your own cost and expense for creating backup copies and replacing any of Your Content.

You agree not to use Lokkaroom to:

• reproduce, duplicate, copy or re-sell any part of Lokkaroom;
• reverse engineer or reverse compile any of the technology used to provide you with Lokkaroom, including but not limited to, any applications or computer programs associated with Lokkaroom;
• use Lokkaroom or the Site in such a way so as to remove the copyright or trademark notice(s) from any copies of any Content made in accordance with this Agreement;
• send, knowingly receive, upload, download, use or re-use any material which infringes any Intellectual Property Rights;
• in any way commercially exploit any of the Content without our prior written consent (which may be withheld for any reason):
• make any of the Content accessible (including the provision of access through a database or other application populated with the Content for re-selling, sub-licensing, transferring or disclosing the Content) by any means, including any electronic means; or
• combine any Content with other information or adapt the Content wholly or in part.

We rely on certain service providers to help us to deliver Lokkaroom to you, for example, third party technology companies who may provide elements of Lokkaroom’s functionality, (“Third Party Service Providers”). You grant Third Party Service Providers, a non-exclusive, royalty free and worldwide licence to use, modify, display, distribute and create derivative materials using Your Content for the purpose of us providing Lokkaroom to you. 

You also grant access to Lokkaroom sharing your data with these third parties – only when completely necessary – to deliver your desired service, action or purchase.

We aggregate and leverage the following third-party software providers to help us deliver:

1. Shopify – Merchandise
2. Alvio – Merchandise 
3. Ticketing – EventCube 
4. Ticketing – Seats.io 
5. Ticketing – QFlow
6. Courses – Thinkific

By accepting these terms, you agree to share your personal information and purchase history with these third-party providers to ensure they can fulfil their delivery or service

9.0 Shipping and returns

Lokkaroom uses dropshipping suppliers to fulfil all orders via Lokkaroom. In the event in which an item needs to be returned, or arrives damaged or faulty, please contact the original supplier. In the event that this is not possible, please contact our support team at marketing@tmasport.com. 

Shipping on Lokkaroom will vary item to item, due to your order potentially being fulfilled by multiple different suppliers.

10. Links by you to and from Lokkaroom

Where Lokkaroom contains links to other sites and resources provided by anyone other than us, these links are provided for your information only. We do not recommend and have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11. Data Processing and Privacy Policy

Our Privacy Policy (which is incorporated by reference into this Agreement under Clause 1.3) provides you with the information required by the Data Protection Act 2018 and related acts and regulations governing the use and processing of personal data by persons established in the UK (“Data Protection Laws”), including details of the personal data that we collect, as well as the purposes and legal bases for processing such personal data.

12. Disclaimer of Warranties

Some information and products on Lokkaroom come from third parties, thus, we cannot make guarantees on the products or services that they offer which are out of our control.

You acknowledge and agree that the Content:

• cannot be relied upon by you or any third party as a guarantee of any particular result;
• does not constitute any form of advice, recommendation or endorsement by us;
• is not intended by us to be relied upon by anyone as the basis for making (or refraining from making) any specific decision; and
• is used at your own discretion.

You acknowledge and agree that items purchased from the Lokkaroom store, or our club’s stores, are fulfilled by third-parties and therefore, we are not responsible for: 

• Items failing to match their description 
• Items being delivered late
• Items being delivered faulty or broken
• Issues regarding returns

13. Limitation of Liability 

This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and subcontractors) to you under or in connection with this Agreement; any use made by you of Lokkaroom or any part of it; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.

Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or any other liability we cannot legally limit.

Each party shall only be liable for foreseeable loss or damage arising from its own breach of contract, negligence or willful misconduct.

You acknowledge and accept that:

• Lokkaroom is subject to any constraints or limitations stipulated by any regulatory authority or Applicable Law; and
• Our ability to provide Lokkaroom depends on the continued provision of essential components provided by Third Party Service Providers including but not limited to providers of processing and other services, over which we have no control.

Notwithstanding anything else contained in this Agreement, neither party shall be liable to the other for any loss of profits, opportunity, business, reputation, data, goodwill or contracts or for any indirect or other loss or damage that is not foreseeable, whether arising from negligence, breach of contract or any other cause of action arising out of the subject matter of this Agreement.

Neither party shall be liable for any failure or delay in performance of its obligations under this Agreement for causes beyond its reasonable control. The party wishing to claim relief by reason of any such circumstance shall notify the other party in writing without delay on the intervention and on the cessation thereof.

You are solely and exclusively responsible for any results obtained from your use of Lokkaroom, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any Content, or instructions or scripts provided to us by you or by any third party in connection with Lokkaroom.

14. Indemnification

You agree to indemnify us against any and all claims, losses, liabilities, damages, expenses and costs (including legal fees and expenses) arising out of or in connection with your use of Lokkaroom or conduct in relation to it in breach of this Agreement, Your Content or infringement of third party Intellectual Property Rights, except to the extent that we have breached this Agreement or been negligent.

15. Term and Termination

You may terminate the Agreement by notifying us at any time not later than 1 (one) month in advance.

We may terminate the Agreement by notifying you not later than 2 (two) months in advance.

In addition, either party may terminate this Agreement immediately if the other party:

• becomes unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), admits its inability to pay its debts or otherwise becomes insolvent;
• has any distraint, execution, attachment, sequestration or similar action taken, levied or enforced against itself or any of its substantial assets, or if any garnishee order is issued or served on the party;
• becomes the subject of any petition presented, order made or resolution passed for the liquidation, administration, bankruptcy or dissolution of all or a substantial part of the party’s business, except where solvent amalgamation or reconstruction is proposed on terms previously approved by the non-terminating party;
• loses full and unrestricted control over all or part of its assets because of the appointment of an administrative or other receiver, manager, trustee, liquidator, administrator or similar person or officer; or
• enters into or proposes any composition or arrangement concerning its debts with its creditors (or any class of its creditors).

We may terminate this Agreement immediately on written notice to you if:

• we suspect the you or a person related to you of money laundering or terrorist financing;
• you have breached any of the provisions of Clause 3.9 (concerning the accuracy of data you provide to us); or
• termination of the Agreement is demanded by a regulatory or governmental authority;

Termination of this Agreement shall not prejudice either of the parties' rights and remedies which have accrued as at termination.

Upon termination of the Agreement, you shall immediately pay to us all amounts owed by you under the Agreement and we shall immediately pay you all amounts owed to you under the Agreement. We shall be entitled to set-off amounts owed by us to you against amounts owed by you to us.

16. Variations to this Agreement

We may periodically make changes to this Agreement and shall notify you by posting a revised version of the Agreement on the Site and emailing you at your email address registered with us. The revised terms including the changes will take effect two (2) months following such notice. You will be deemed to have accepted the changes if you do not notify us before the proposed date that the changes take effect that the changes are not accepted. 

We will only make changes:

• where we consider that a change will make these this Agreement clearer and no less favourable to you; or
• to reflect new, or changes to existing, systems, technology, products, services or business processes; or
• to help meet the cost of changes in our funding or working capital requirements; or
• to implement changes required by applicable law, industry codes of practice or decisions of any court, arbitrator or ombudsman.

17. Notices

Notices served under this Agreement shall be in writing and may be sent by email to marketing@tmasport.com

Notices can be posted to:

TMA Sports Management Ltd
c/o Thrive Hubs Ltd,
25 The Crescent,
Plymouth,
Devon,
United Kingdom
PL1 3AD.

18. Complaints

Any complaints about us or Lokkaroom must be addressed to us in the first instance by contacting marketing@tmasport.com. We will make every possible effort to reply, addressing all points raised, within an adequate time frame and at the latest within 15 Business Days of receipt of the complaint.

19. General Terms

These Terms comprise the entire agreement between you and us for the provision of Lokkaroom and supersede all prior or contemporaneous negotiations, discussions, representations or agreements, whether written or oral. No undertakings, promises, representations, or warranties shall have any legal effect unless expressly set out in this Agreement.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the other provisions shall remain in force. The invalid or unenforceable provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Nothing in this Agreement shall give rise to any joint venture, partnership, or employment relationship between you and us. Where we act as your agent, we shall only do so to the limited extent specified on the contractual basis of this Agreement and not as your general agent or fiduciary.

Nothing in this Agreement is intended to confer a benefit on any person who is not a party, and no such person shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement, provided that this Clause does not affect a right or remedy of a third party which exists or is available apart from that Act.

20. Jurisdiction and applicable law

This Agreement shall be governed by and construed in accordance with the law of England and Wales.

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, use of Lokkaroom although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country, and you have the right to ask for proceeding to be heard in the courts of Northern Ireland or Scotland if you live there.

Last updated: July 17, 2024