Terms & Conditions

Lokkaroom Service Terms

Terms & Conditions

  1. Introduction

 This section explains who ‘we’ are, what Lokkaroom is, the services we offer and our Privacy Policy. You should read the terms and the Privacy Policy before agreeing to them. Email us at info@tmasport.com if you have any questions.

 These terms and conditions (“Agreement”) governs the registration for 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 user 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 recommend that you download a copy for your records.

  • 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 area (each a “Lokkaroom”) to offer their products (“Products”) 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. We do not provide any of the Lokkarooms to you, nor do we charge you any fees to use any Lokkaroom. This Agreement does not govern the supply of any Lokkaroom, but governs:

  • your ability to register with a Club for access to its Lokkaroom on the terms of its Lokkaroom Service Terms; and
  • your use of Lokkaroom outside each Lokkaroom.

    • This Agreement shall start on the date on which we notify you that your application to register for Lokkaroom has been accepted under Clause 3 and Lokkaroom is available for your use and shall continue subject to any right to cancel or terminate it that may be specified below (“Term”).

    • You shall be entitled to cancel this Agreement within the 14 day period that begins on the day after you enter into it (“Statutory Cancellation Period”). If you cancel this Agreement during the Statutory Cancellation Period, any Sale Contracts that you agreed under Clause 5 during the Statutory Cancellation Period will also be cancelled automatically. You may exercise your right of cancellation by emailing us to that effect at info@tmasport.com our Customer Team.

    • Lokkaroom is intended solely for use by individual people who meet the eligibility criteria set out in Clause 3.1. Lokkaroom is provided in or 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 us at info@tmasport.com our Customer Team unless otherwise advised by us.

 

  1. 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. We are registered with the Information Commissioner (No. XXXXXXXX).

  1. Access to Lokkaroom

This section explains who is allowed to use Lokkaroom, how to register for a Lokkaroom Account, when Lokkaroom is available, what to do if you think someone else is using your account without your approval.

  • In addition to meeting the criteria in Clause 1.5 for this Agreement to apply to you, to be eligible to use Lokkaroom, you must be an individual person over the age of 18 who is resident in the UK or is a serving member of the UK armed forces posted overseas with a British Forces Post Office (BFPO) address. You must not register on Lokkaroom on behalf of any other person.

  • We agree to provide Lokkaroom with reasonable skill and care and 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 the entire Lokkaroom under clause 4.2.

    • If we accept your application to use Lokkaroom, we will create a data account for you (“Lokkaroom Account”). Your Lokkaroom Account is not a payment account and does not hold any funds or other assets, but records which Lokkarooms you are registered to access. 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 (“Lokkaroom Codes”). You must not impersonate or try to impersonate another person when providing us with your personal information that we collect from you. Please see Clause 11 for further details about our Privacy Policy.

    • You must keep the Lokkaroom Codes secret and make sure that they are not stored on or near your device or otherwise in a way that enables others to impersonate you but are memorized and any record of the Lokkaroom Codes destroyed or deleted. You must periodically change the Lokkaroom Codes in accordance with the periods of time and procedures established by us for doing so.

    • Each time you seek to access Lokkaroom, we will check your identity by asking for Lokkaroom Codes. If the correct Lokkaroom Codes are entered, we will assume that you are the person giving instructions and making transactions and you will be liable for them, except to the extent provided for in clause 3.8.

    • If you disclose the Lokkaroom Codes to any other person or entity whom you employ or otherwise retain, appoint or authorise to access Lokkaroom on your behalf, you are also responsible and liable for any access, use or misuse or disclosure of your Lokkaroom Codes or Lokkaroom by such person or entity.

    • If you think that someone else may have access to, or be using, your Lokkaroom Codes or Lokkaroom Account without your consent, you must tell us as immediately by emailing info@tmasport.com our Customer Team. You will be asked to provide information to enable us to verify your identity. Following satisfactory completion of the verification process, we will immediately prevent further unauthorised use, including blocking the use of the Lokkaroom Codes and issue replacements.

    • 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.

    • Subject to the provisions of Clause 14, unless and until you notify us by emailing info@tmasport.com our Customer Team that you believe that someone else can use Lokkaroom by impersonating you:
  • 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 Codes 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).

    • You are responsible for making all arrangements necessary for you to have access to Lokkaroom (for example ensuring you have an available internet connection). Unless otherwise agreed by us in writing, you acknowledge and agree that you shall (at your own cost) be solely responsible throughout the Term for the provision of all equipment, software, systems and telecommunications facilities which are required to enable you to access and use Lokkaroom.

 

  1. Using Lokkaroom

 

This section explains (a) what we’ll do if we or another service provider we work with suspects any strange activity using your account, and (b) that we record calls and other messages.

 

  • Unless otherwise specified in this Agreement, to use Lokkaroom you must log-in to your Lokkaroom Account with your Lokkaroom Codes and follow the relevant instructions for applying to 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 in accordance Clause 4.2, 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. Where it is not possible to notify you before we stop or suspend Lokkaroom, we will notify you as soon as possible afterwards. We will reactivate your access to Lokkaroom or re-initiate any suspended payment order as soon as practicable after the reasons pursuant to Clause 4.2 no longer apply or exist.

    • We may record calls with you, as well as any use or attempted use of Lokkaroom and any digital communications with you and, if necessary, to use the recordings as evidence of such calls, sessions or communications.

    • Subject to compliance with the provisions of this Agreement at all times, you may enter into additional agreements with third party service providers in order to use their services to take advantage of some features of Lokkaroom. You are responsible for assessing whether or not those services meet your needs and for making those arrangements; and you do so at your own risk. Neither we nor any Club shall have any responsibility or liability in connection with any such services or service providers.

 

  1. No Lokkaroom Fees

 There are no fees payable for your use of Lokkaroom.

  1. Information, not advice

 This section explains that information available through Lokkaroom is not any form of advice or recommendation. You can use Lokkaroom to send account information to your advisers, but we are not responsible for the information or how they use it to advise or act for you.

 Contributions, articles, commentary, charts, data visualisations, text, graphics, still and moving images and other information posted within or available through Lokkaroom (“Content”) is provided for general information only. Content is not, and should not be construed as, financial or other professional advice. You should not rely on the Content within Lokkaroom as the basis for making a financial decision. If in doubt, you should seek professional advice. Subject to the provisions of Clause 14, we therefore disclaim all liability and responsibility arising from any reliance placed on Content by you or any user of Lokkaroom, or by anyone who may be informed of any of the Content.

  1. Prohibited uses

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

  • You may use Lokkaroom only for lawful purposes.

  • You must not use Lokkaroom:

(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, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers or other identifiers, credit card numbers and/or debit card numbers and/or which is likely to deceive any person, be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence, promote any illegal activity, be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety, be likely to harass, upset, embarrass, alarm or annoy any other person, be used to impersonate any person, or to misrepresent your identity or affiliation with any person, gives the impression that it emanates from us, advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;

(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;

 

  • 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;

  • 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;

  • 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.

 

  1. Viruses, hacking and other offences

You must not abuse Lokkaroom and or do anything listed here.

 

  • You must not:

(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.

By breaching this provision, you could commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Lokkaroom will cease immediately.

  • 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;

 

  1. Licence and Intellectual Property Rights

 This section explains who owns the rights to the information in Lokkaroom, what permission we give each other to use that information and any restrictions or limits on that use.  

 

  • 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.

  • We grant to you during the Term a non-exclusive, non-transferable, revocable, licence in the UK to print off, and download extracts of, any Lokkaroom Content for your own personal use, subject to the provisions of this Agreement (and not for use by or for the benefit of any person other than your employee(s)) and not for commercial use or exploitation. You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of the Lokkaroom Content must always be acknowledged. Nothing in this Clause 9 shall affect your rights under Applicable Law.

  • When you post or upload Content to Lokkaroom (“Your Content”), you authorize and direct us to make such copies of it as we consider necessary in order to facilitate the publication, display and storage of Your Content in relation to Lokkaroom or on the Site. 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 license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute Your Content for any purpose on or in connection with Lokkaroom or the promotion of it, to prepare derivative works of, or incorporate into other works, Your Content, and to grant and authorize sublicenses of the foregoing. You may remove Your Content from Lokkaroom at any time, subject to the provisions of Clauses 3.15 and 3.16. If you choose to remove Your Content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of Your Content.
  • You are solely responsible for Your Content. You must not post, transmit, or share Your Content on Lokkaroom that you did not create or 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, for any reason or no reason, including without limitation any of Your Content that in our own absolute discretion violates any provision(s) of this Agreement. You are solely responsible at your own cost and expense for creating backup copies and replacing any of Your Content.

  • You agree, and undertake 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 trade mark 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;
    • create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from Lokkaroom except where expressly permitted under Clause 9.2 of this Agreement);
    • use automated scripts to collect Content from or otherwise interact with Lokkaroom or the Site;
    • transmit, re-circulate, extract, use, reutilise, exploit, distribute, redistribute, disseminate, re-disseminate, copy or store any Content except where expressly permitted by us on Lokkaroom or otherwise in writing);
    • promote or attempt to promote or market any goods or services for your own financial benefit.
    • 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 may 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.

  

  1. Links by you to and from Lokkaroom

 

Links from Lokkaroom to other provider’s websites and apps are provided only for convenience or information and are not our responsibility. You should check who is responsible for those websites and apps, and read any terms that apply.

 

  • You may link to the home page of Lokkaroom (and not to any page of Lokkaroom or Site that is not the home page), provided you do so in a way that is fair and lawful and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The website from which you are linking must comply in all respects with any content standards set out in this Agreement. Lokkaroom must not be framed on any other site and you must not display the Content or allow any Content to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our prior written consent.

  • If you wish to make any use of material on Lokkaroom other than that set out above, please address your request to info@tmasport.com.

  • 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.

 

  1. Information about you and your use of Lokkaroom

This section explains our privacy policy, which covers your personal data. Important for you to read that.

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.

  1. Disclaimer of Warranties

The information on Lokkaroom comes from third parties so we cannot make any promises about it, or that there will not be interruptions to other service providers’ systems, which we do not control.

 

 We do not guarantee, warrant or represent that:

    • the Content is complete, accurate, up-to-date or error-free;
    • Lokkaroom is virus-free or that its operation will be continuous, uninterrupted or error-free.

  • 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.

 

  1. Limitation of Liability

This section explains who is responsible or liable if various things go wrong, and any of the limits that apply in those cases.

 

  • 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 (except Clause 13.2), 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.

 

  1. Indemnification

This section says you are liable if others make claims against us because you have done something you should not have done or omitted to do.

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.

  1. Term and Termination

This section explains who can put an end to the Agreement when and for what reasons; what happens then; and which terms continue to apply after the Agreement ends.

  • 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.

  • Clauses to be completed when final shall survive termination of this Agreement.

 

  1. Variations to this Agreement

This section explains how and why we can make changes to the terms.

  • Subject to Clauses 16.2, 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. If you reject the changes, you can immediately terminate this Agreement in accordance with Clause 15.1 free of charge and with effect at any time until the date when the changes would have applied (subject to Clause 15.6).

  • 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.

 

  1. Notices

This section explains how and where you can write to us; and where we can write to you – including where the terms require “notice” or communication in writing.

  • Notices served under this Agreement shall be in writing and may be sent by email, via your Lokkaroom Account, or by post. The preferred method of communication is email.

  • Notices shall be sent to:
    • In the case of Lokkaroom, in writing to:

 

TMA Sports Management Ltd

c/o Thrive Hubs Ltd,

25 The Crescent,

Plymouth,

Devon,

United Kingdom PL1 3AD.

Email: info@tmasport.com

 

  • in your case, in writing to the address or email address provided to us on registration, as updated by you from time to time.

  • The parties shall notify each other of any change in their contact details for notices as set out in this clause.

  • Notices sent by post will be deemed to have been received upon the expiration of two (2) Business Days after posting. Emails will be deemed to have been received one hour after being sent or, if this falls after close of business, at 9.00 a.m. on the following working day provided that an undeliverable message has not been generated by then.

 

  1. Complaints

This section explains how to complain about us or Lokkaroom.

Any complaints about us or Lokkaroom must be addressed to us in the first instance by contacting info@tmasport.com our Customer Team. We will make every possible effort to reply, addressing all points raised, within an adequate timeframe and at the latest within 15 Business Days of receipt of the complaint, in a durable medium. In exceptional situations, if the answer cannot be given within 15 Business Days for reasons beyond our control, we shall send a holding reply, clearly indicating the reasons for a delay and specifying the deadline by which you will receive the final reply, which shall not exceed 35 Business Days. For the purpose of this Clause “durable medium” means a form which enables you to store the information in a way that is accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.

 

  1. General Terms

 

This section explains that the Agreements covers the whole relationship between you and us. Any term that the courts remove is will not affect the rest of the Agreement. Just because you or we do not take any action that we could have does not mean we will not do so next time the same thing happens. We are not in business together and we are not your employer.

 

  • 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.

  • No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

  1. Jurisdiction and applicable law

 

This section explains that the laws of England and Wales apply to the Agreement, and disputes or claims about the Agreement can be heard in the country where you live.

 

  • 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: June 29, 2022

Amendment History:

None.