Barclays Football Application Terms and Conditions


PART A – SUMMARY OF TERMS AND CONDITIONS


The Barclays Football application and associated service (the "Application") is owned and operated by Barclays Bank PLC ("we", “our” or "us") and is linked to our Barclays Premier League Football sponsorship.

We advise you to read these Terms & Conditions (the "Terms") carefully before using the Application. By accessing and/or using the Application you are deemed to accept and be bound by these Terms, therefore if you do not wish to be bound by these Terms you should not access or use the Application.

Any information, audio, video, text, data, images, graphics, photos or other materials (collectively referred to as "Content") published on the Application, and in particular the products and services to which it refers, does not constitute advice and may sometimes include Content which is owned or controlled by third parties which we are permitted to make available to you. It is your responsibility to comply with applicable local laws, including ensuring that your access and/or use not only complies with the Terms, but also with the laws of the jurisdiction from which your use or access is made.

Before you can use the Application you will need to download the Application and in certain areas of the Application register your details with us. Certain pages on the Application allow you to share content via your profile on various social networks and other shared-content platforms, including Twitter. When you share content in this manner you also become subject to terms, conditions and policies of those third parties. 

The Application currently only supports Android 2.3, iOS 5.0 and above. We may change the version of the operating system the Application works with at any time. You may be charged by your service provider for internet access on your smartphone. We shall not be liable for any network charges linked to updates to the Application.


PART B – TERMS AND CONDITIONS

1. Access to the Application

1.1 - Whilst we try to ensure that access to the Application is always available, from time to time we may decide to temporarily restrict or block access to, or use of, all or part of the Application without notice and reserve the right to do so, whether for the purpose of servicing the Application or otherwise. We do not warrant that the Application, or any part of it, will be available at all times, and you acknowledge and accept this. Subject to clause 4, we accept no liability, no matter how that may be caused, arising from any unavailability, interruption, defect or loss of access to or function of the Application or any part of it at any time.

1.2 - We reserve the right to withdraw and/or amend services or content on the Application without notice and we accept no liability, no matter how that may be caused, arising from us doing so.

1.3 - You may access most areas of the Application without registering your details with us and without us recording any of your personal information, however certain areas of the Application may require you to register. If you submit an application to seek access to these areas, you are indicating that you have read our Privacy and Cookie Policy, found in the settings for the Application (which explain how we use any information about you that we receive), and that you are willing for us to deal with your information as set out in that Policy. If there is any inconsistency between the Privacy and Cookie Policy and these Terms, these Terms will prevail. We may revoke or limit your access to the Application at any time at our sole and absolute discretion and without incurring any liability. If we do grant you access to an otherwise restricted area of the Application, your login details are personal to you, and you must keep them confidential and not permit or enable another person to use them. All actions (including unauthorised actions, provided they are not through a fault of ours) conducted using your login details, including any information, text, graphics, photos or other materials (collectively referred to as "Posts") that you upload to Twitter, shall be deemed to be conducted by you, and you shall therefore be responsible for those actions.


1.4 - Whilst we endeavour to ensure that all the Content included on the Application is correct, up to date and complete, we are not obliged to identify to you any Content which is incorrect, out of date, superseded or incomplete, nor are we obliged to update, correct or complete such Content. We hereby disclaim any express or implied warranties as to the completeness, truthfulness, reliability or accuracy of the Application or its Content and we accept no liability, no matter how that may be caused, arising from any information which is not correct, up to date, complete, or which has been superseded.

1.5 - We do not endorse, support, represent or guarantee the completeness, of any Posts or communications uploaded to Twitter or endorse any opinions expressed on Twitter. Under no circumstances will we be liable in any way for any Posts on Twitter, including, but not limited to, any errors or omissions in any Posts, or any loss or damage of any kind incurred as a result of the use of any Posts uploaded, emailed, transmitted or otherwise made available via the Application.


2.Permitted Use and Access

2.1 - You are permitted to use and access the Application on a personal, non-commercial basis. You may not copy or make commercial use of the Application or any of the Content from, or underlying, the Application without obtaining our express written permission to do so.

2.2 – Parts of the Application enable you to communicate with others via your Twitter account. You may Post on Twitter as many times as you like.

2.3 – You agree to use the Application and access, download, view and/or listen to the Content as supplied to you by the Application and you must:

(a) not assist anyone to, or attempt to, reverse engineer, decompile, disassemble, adapt, modify, copy, reproduce, lend, hire, rent, perform, sub-license, make available to the public, create derivative works from, broadcast, distribute, commercially exploit, transmit or otherwise use in any way the Application and/or Content in whole or in part except to the extent permitted in these Terms;

(b) not attempt to derive income from the use or provision of the Application and/or its Content, whether for direct commercial or monetary gain or otherwise;  

(c) not use the Application in a way that could damage disable, overburden, impair or compromise the Application, our systems or security or interfere with other users of the Application; 

(d) not collect or harvest any Content from the Application or our systems or attempt to decipher any transmissions to or from the servers running the Application;

(e) not infringe any applicable law (for instance copyright law) when using the Application to access, view or listen to any Content;

(f) not subject the Application and/or the Content to any derogatory treatment or use them in such a way that would bring us into, or cause us to incur liability to any third party;  

(g) not harass or cause distress or inconvenience to any other person using the Application or transmit obscene or offensive content (in particular, via Twitter Posts) or disrupt the normal flow of dialogue within the Application; and

(h) not misuse the Application, or any Content from or underlying it, for or in connection with any unlawful or criminal purpose, including but not limited to acting fraudulently or maliciously, hacking, phishing, or other intrusions or attempted intrusions or unlawful use of information or data.

2.4 - If you do not comply with your obligations set out in these Terms, or otherwise act in a way which we consider, at our sole and absolute discretion, to be inconsistent with our continued provision of services to you, we may revoke the rights granted to you in clauses 2.1 and 2.3, and we reserve the right to take any further action which we consider to be appropriate.

2.5 - You indemnify us to the fullest extent possible for any loss or damage suffered by us which arises out of or in connection with a breach by you of clauses 2.1 or 2.3.


3.Intellectual Property Rights

3.1 - Unless otherwise specified, we are the owner or licensee of all intellectual property rights in and to the Application and its Content, including but not limited to copyright, trade marks, design rights, patents and other intellectual property rights (unregistered and registered). All such rights, save as expressly granted, are reserved, and the benefit of any goodwill which arises through your use inures to us.  

3.2 - The trade marks which we or a member of our group owns include, but are not limited to, BARCLAYS, BARCLAYCARD, the Barclaycard logo and the Eagle logo marks. If you are unsure as to whether any sign or logo is a trade mark owned or licensed by us or a member of our group, please contact us for clarification at our registered office address detailed in clause 10 below.

3.3 - Nothing in these Terms grants you a right or licence to use any trade mark, design right or copyright owned or controlled by us or any other third party except as expressly provided in these Terms. Reproduction in any form of any part of the Content from, or underlying, the Application is prohibited without our prior written consent.


4.General Exclusions of Liability

4.1 - You access and use the Application and the Content published on it at your own risk.

4.2 - Nothing published on the Application is intended to constitute advice. You should not rely on any information published on the Application, and we disclaim any liability for any purported reliance on such information to the fullest extent permitted by law.

4.3 - We accept no liability, no matter how that may be caused, and whether directly or indirectly, for any loss or damage caused to you or another (including but not limited to loss of income, business, profits, opportunity, contracts, actual or anticipated savings, data, reputation or goodwill) arising from your use of the Application or Twitter.

4.4 - We accept no liability for changes made to the Application or its Content by unauthorised third parties.

4.5 - We hereby exclude any express or implied warranties that any material used or downloaded from the Application will not cause loss or damage to any data or property, such as software or hardware, including but not limited to loss or damage caused by malicious script, viruses, spyware, Trojan Horses or worms. We accept no liability for any such loss or damage suffered by you or another as a result of your use of the Application.

4.6 - Whilst we maintain robust security mechanisms, we cannot guarantee the security of communications (whether by phone, internet or post). Accordingly we accept no liability for breach of security of any communications sent by you to us using the Application or the information contained on it. Such communications are at your own risk.

4.7 - If we choose to delay enforcing any of our rights relating to these Terms, or even not enforce all or any part of them in a given circumstance, we may do so at our discretion. Any such delay or non-enforcement on our behalf will not be deemed a waiver of those rights or any other provision, and will not in any way prejudice or limit our rights under these Terms.

4.8 - Nothing in the exclusions contained in this clause 4 or elsewhere in these Terms shall be interpreted as trying to exclude or limit statutory liabilities which cannot be excluded by law, nor our tortious liability for death or personal injury resulting from our negligence, fraud, fundamental misrepresentation, or any other liability which cannot be excluded or limited by law. 


5.Links

5.1 - The Application and/or Content may contain links which will direct you to other websites or domains owned and operated by us or our group, for example to websites which offer you services. When you use these links and access our other websites or domains you will become subject to the terms, conditions and policies which apply to those websites or domains. Those terms, conditions and policies will be available for you to view on those websites or domains, and it is your responsibility to make sure that you are familiar with and willing to accept them. We accept no liability, no matter how that may be caused, for any failure on your part to view or comply with those terms, conditions and policies.

5.2 - From time to time we may provide links to other websites (such as Twitter) or resources not owned or operated by us. We are not responsible for the accuracy or content of these websites or resources, and any links we provide does not mean that we are connected with or endorse the related website, resource or the information provided in them. Those websites or resources may have their own terms, conditions and policies, and it is your duty to ensure that you comply with them. We accept no liability, no matter how that may be caused, for any failure on your part to view, comply or familiarise with any such terms, conditions and policies.


6.Sharing Content and Social Networks

6.1 - Certain pages on the Application allow you to share content via your profile on various social networks and other shared-content platforms. When you share content in this manner you also become subject to terms, conditions and policies of those third parties. We recommend that you review and familiarise yourself with those terms and conditions, and we disclaim any liability, no matter how that may be caused, associated with your use of those services, or for your failure to view, comply or familiarise yourself with their terms, conditions and policies.

6.2 – For the avoidance of doubt, any Post, whether publicly posted or privately transmitted to Twitter, is the sole responsibility of the person who originated such Post. We will not monitor or control the Posts uploaded to Twitter via the Application and, we cannot take responsibility for such Posts. Barclays reserves the right to filter out Twitter Posts into or from the Application. Any use or reliance on any Posts or materials uploaded to Twitter via the Application or obtained by you through the Application is at your own risk. 


7.Use of your information and use of cookies

By agreeing to be bound by these Terms, you are agreeing to be bound by our Privacy and Cookie Policy. Cookies are text files containing small amounts of information, which your computer or mobile device downloads when you visit a website or download an Application. For further information on cookies, please see our Privacy and Cookie Policy.



8.Telephone calls

We may record telephone calls made to us using any telephone numbers provided. We may also record telephone calls made by us in response to any ring-back request you may make.


9.Internet communications

We reserve the right to monitor all internet communications, including web and email traffic into and out of our domains for the purposes of security, ensuring compliance with these Terms, and detecting fraud and other crimes.


10.Regulatory Information

10.1 - Barclays Bank PLC is incorporated in England under Registered Company Number 1026167. Our Registered Office is at 1 Churchill Place, London, E14 5HP, United Kingdom.

10.2 - Barclays Bank PLC is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Financial Services Register No. 122702).


11.Changes to Terms & Conditions

11.1 - We may alter these Terms at any time and without notice to you. You acknowledge that each time you access and/or use the Application there may be changes to these Terms, and that it is your duty to familiarise yourself with them.

11.2 - From time to time updates to the Application may be issued via the Apple App Store, Google Play or other application store the Application is available from. Depending on the update you may not be able to use the Application until you have downloaded the latest version of the Application and accepted any new terms. 


12.Validity

If any of these Terms is declared to be unlawful, invalid, void or for any reason unenforceable, this will have no effect on the validity and enforceability of the remaining provisions of these Terms, and shall be replaced by an enforceable provision which reflects the closest position to that intended by the unlawful, invalid, void or unenforceable provision.


13.Jurisdiction & Governing Law

These Terms and any non-contractual obligations arising out of or in connection with them are governed by and shall be construed in accordance with English law. Any dispute relating to or arising out of these Terms and any non-contractual obligations arising out of or in connection with them shall be subject to the exclusive jurisdiction of the English courts.


Last updated June 2013