Privacy Policy & Terms and Conditions

Manifesto
Our manifesto - what we believe in - directly influences our Privacy Policy (Click here to go straight to the Privacy Policy). We created Pundit Club to solve some of the niggling problems that we, in common with most sports fans, have experienced on mobile. We like to chat with friends. We love to chat about sport, especially football. We are always checking scores, upcoming fixtures, tables, and news, We often like to make predictions about match results, play fun games and issue challenges to our friends. And we love a laugh. What we don’t like is having to jump between multiple apps to do it. And we definitely don’t like the way that ads often get in the way of our conversations and game playing. Don’t get us wrong - we like great brands and their products, but we don’t want to be interrupted by banner ads. So we set out to find an app that addressed these likes and dislikes. Did we find one? No. Não. Nein. So we decided to build it, and Pundit Club was born. We hope you like it. We need to be open and transparent about what information and data we will collect, and what we will share and not share. So here’s all the legal stuff that underpins this aspect of Pundit Club.
New Privacy Policy
Pundit Club Limited of 134 Weir Road, London SW12 0ND (“Pundit Club,” “We,” or “Our”) recognizes the importance of personal privacy and security and has developed a clear, strong and streamlined pro-privacy position, which is defined below (the “Privacy Policy”). In order to comply with the new General Data Protection Regulation (EU) 2016/679 and the Privacy and Electronic Communications (EC Directive) Regulations, or any revision or iteration as applicable, the following policy has been designed to give you a clear understanding of how your data is used, shared and protected. It also highlights the tools that can be deployed to protect your privacy and the rights you have, and how you can contact Pundit Club. By visiting or making use of the Pundit Club website, apps, services or features and/or any other linked pages, or content offered from time to time by Pundit Club in connection therewith (collectively, the "Service"), the user agrees to the policy below. SCOPE OF THIS PRIVACY POLICY By using our site, in subscribing to our service, or filling in any online forms on our website, or other sites owned by Pundit Club Ltd., you agree and accept that we process, store and use the personal data submitted in accordance with the policy below. You can review your rights in the ‘Your Rights To Your Personal Information’ section. Pundit Club may act as either the Data Controller or the Data Processor of any personally identifiable data and information, depending on how you interact with the website, apps or services. Where it exists as the Data Controller we ensure that any Data Processors that we use are fully compliant and only use the data as set forth in this agreement. This Privacy Policy does not apply to the practices of entities or organizations that Pundit Club does not own or control, or to persons that Pundit Club does not directly employ. Additionally, the Service includes links to external sources. While we make reasonable efforts to supply links only to those sites that reflect our respect for your privacy, we are not responsible for the content or privacy policies of such sites. We advise you to carefully consider the privacy policies of any web sites, search engines or digital services you visit. If you have any questions about this Privacy Policy, you may contact us at gaffer@punditclub.com or by writing us at: Pundit Club Limited (ATTN: Privacy), 134 Weir Road, London SW12 0ND, England, UK. WHY DOES PUNDIT CLUB COLLECT PERSONAL INFORMATION? The data we collect from Users allows us to personalize and enhance our Service and permits our Users to set up a User account and profile that can be employed to interact with other Users through the Service and to otherwise personalize the Service. WHAT PERSONAL INFORMATION DO WE COLLECT? Website visitors: If you are on our website or other domains registered to Pundit Club Limited, visitors, we may collect non-personally-identifying information such as the browser type you are using, the referring site and date and time of each visit. We also collect information when you fill out a form. App Registration information: The basics If you sign up with your phone number we just ask you for your phone number and a username. If you sign up with Facebook we use your Facebook ID for sign-up purposes. If you signed up using Facebook, some data will be provided by Facebook once you have authenticated with them and confirmed that you would like Pundit Club to access your public profile and friends list. In both sign up cases, we also store the country you are based(as determined by your IP address). We also provide the option to add your email address, year of birth, the club you support, nationality, the country you support and a profile image, but this data is not required, other than to help users get more out of the app experience. You can always edit or amend this in your profile section of the App. Usage information: we will collect information on the features you use in the app. This could include how you communicate with other Pundits, their names, the time and date of messages; the number of messages exchanged; which friends send the most messages, the games you play and the predictions you make, the challenges you send, and respond to, share or like; the points you have accumulated, your standing vs your friends and vs others; the photos and videos you take or upload; and which leagues or teams you follow. Content information: we also collect information about the content you provide to us, such as whether your friend has viewed the content you created or has responded to a challenge you set; and the metadata that is provided with the chat. Device information: we also collect information about the device used by you to access the app; the hardware model, operating system, advertising identifier, unique application identifiers, unique device identifiers, language, wireless network, and mobile network information (including the mobile phone number). Device phone book information: because Pundit Club is all about communicating with friends, we will - only with your consent - collect information about your contacts from your device’s phone book. Camera and photo information: sending photos and videos are core to messaging, and that requires that we collect images and other information from your device. We’ll do so only after you give us your consent. Location Information: in the future, we may collect information about your location, but only with your consent. Information collected by cookies and other technologies: we may use cookies, unique advertising identifiers, and technology like web beacons and web storage for the purpose of gathering information about your activity, browser, and device. We may also use such technologies to collect information when you interact with services we offer through third-party brand partners. From other users: we might also collect information about you that other users provide when they use our app and services. If another user permits us to collect information from their phone book, and you’re in that user’s contacts, we could combine the information we collect from that user’s phone book with other information we have collected about you. Children: Pundit Club's services are not intended for use by anyone under 13. Accordingly, we do not knowingly collect personal information from anyone under 13. WHAT DOES PUNDIT CLUB DO WITH THE INFORMATION? We strongly believe in both minimising the data we collect and limiting its use and purpose to only that for which we have been given permission, as necessary to deliver the Services you interact with, and where we might be required or permitted for legal compliance or other lawful purposes. We process information (either personally-identifiable or not) we collect, that has either been provided directly or in-directly by you or automatically collected for certain business legitimate interests which may include some or all of the following: Personal Information that you supply to us: We receive and hold any information you enter on our Service or supply to us in any other way to help personalise the service, and improve our offerings. The categories of Personal Information gathered may include your name, username, email address, phone number, IP address, Service usage information, device information, and browser information. The Personal Information you supply is employed for such ends as: enabling you to identify and interact with other Users, making improvements to the Service, customizing the promotions and content you see, and communicating with you regarding special offers and new components or aspects of the Service. We may also draw upon this Personal Information in order to modify the Service to your requirements, to confirm the effectiveness and consumer appeal of our Service, and to originate new products, services, features, and functions. Automatic Collection of Personal Information: We collect and hold certain categories of information whenever you interact with our Service. Pundit Club automatically collects and records information on our server logs from your mobile device and your browser including IP address, cookie information, the information you requested, and the information delivered to you. Generally, our Service automatically collects usage information, such as the quantity and frequency of Users. Pundit Club uses this information in aggregate form only for statistical purposes, and not in a way that could identify you personally. This category of aggregate information allows us to determine, among other things, how frequently users employ elements of the Service so that we can ensure the Service remains as broadly appealing as possible. As part of this use of data, we may supply aggregate information to our partners about how our Users, collectively, employ the Service. We share this type of statistical information so that our partners also gain insight into the frequency at which people employ the Service and for them to determine how to improve the appeal of their offerings to you. Message Communications: We may be notified when you open a message from Pundit Club if your device or hardware supports this category of program. Pundit Club employs this notification to assist us in making messages more relevant, informative, interesting and useful and to improve the Service. If you do not wish to receive email or notifications from us please email us at gaffer@punditclub.com For similar purposes, we may also save messages that you send us. Analytics: We use multiple analytics tools provided by service partners such as Google, Facebook and Mixpanel to collect information about how you interact with our website or mobile applications, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our Services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (e.g. Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, etc., the information collected is used and shared by these service provider in accordance with their individual privacy policies. You can control the technologies we use by managing your settings through our Cookie Policy or the “cookie banners” that may be presented (depending on URL of website visited) when you first visit our web pages, or by utilising settings in your browser or third-party tools. Please bear in mind that refusing or deleting some cookies may make it impossible for us to provide our Services to you. In all cases where we use legitimate interests to process your Personal Data we have conducted Legitimate Interest Assessments to ensure that your rights and privacy are held in the highest regard. We also commit to constantly re-evaluating our stances and decisions when it comes to Legitimate Interests and anything else in this policy. HOW DOES YOUR PERSONAL INFORMATION GET SHARED WHEN YOU USE THE SERVICE? The Service is principally structured to assist you in receiving requested content, accessing match data or engaging with other application features. Please remember that if you elect to supply personal information using certain aspects of the Service, such as the public or even private chat feature (or other features as applicable), that information may be available to the wider Pundit Club community. Individuals viewing this information may employ it or reveal it to other individuals or entities without our control and without your knowledge. Therefore, we advise you to consider carefully before including any specific personal information you may deem confidential or private. The Service permits you to connect with certain third party services (e.g., Twitter, Facebook and other similar services). When you share information to such third party services, this information passes beyond the control of Pundit Club and is governed by the privacy policies and user terms of such third parties. WILL PERSONAL INFORMATION BE SHARED WITH OTHERS? Personal Information about our users is a key component of our business. We do not rent or sell your Personal Information on an individualized, personally-identifiable basis to anyone. We may share your Personal Information only as set out below: We use a number of third party services to help us deliver our service– for example, our applications servers are backed up using a third party service called Heroku and our website with InMotion Hosting. Amazon AWS. We have identified these services in full below; we have verified that these third party services are GDPR compliant (or are working towards GDPR compliance), and are certified under the EU-US Privacy Shield Framework (or are working towards certification) where these organisations are based outside of the EU. Third party services acting on our behalf: The following table outlines the personal data we collect and for what purpose. The table also outlines the third parties, the data that is processed by or shared with, and how long the data is stored for. We have either signed or are in the process of signing Data Protection Addendums with each of their Third Parties. GDPR 3rd Party Services We may make use of these business entities to undertake tasks or deliver features for us and therefore have a requirement to share your information with them in order to supply goods or services to you. Unless we advise you otherwise, such third parties have no rights to employ the Personal Information that we share with them over or above what is necessary to assist us. You hereby agree that Pundit Club may share Personal Information for these ends. User profiles User profile data including Username, and other information you enter may be shown to other Users to facilitate User interaction within the Service. Users’ email addresses will not be revealed to other users by Pundit Club. Communication in response to User submissions As part of the Service, you will receive from Us email, in app messages or notifications, and other communication connected to the Service. You acknowledge and accept that we may send you email, and other communication that we determine in our sole judgment relate to the Service. We also will use your email address and/or phone number to send you periodic updates – however, you may opt out of these communications by unsubscribing on our website or emailing us: gaffer@punditclub.com. Promotions As part of the Service we may show you offers on behalf of other organizations. However, when we do so, we do not give the other organization your actual name or email address. Invitations If you invite someone to join the Pundit Club Service, we will not disclose your real name, just username. Assignment of business assets In some circumstances, we may elect to assign or buy or sell business assets such as hardware, software code, etc. In these categories of transactions, customer data often represents one of the business assets that is transferred. In addition, if Pundit Club, or the majority of its assets, were acquired, or in the unlikely event that Pundit Club ceases to trade or enters bankruptcy, customer data would likely become one of the assets that is transferred to or acquired by a third party. You accept that such transfers might occur, and that any acquirer of Pundit Club may continue to use your Personal Information as stated in this Privacy Policy. Security of Pundit Club and others We may release Personal Information when we (in good faith) have reason to believe that release is necessary to comply with legislation or to enforce or apply our Terms of Use and other agreements; or to secure the rights, property, or security of Pundit Club, our employees, our Users, or others. This includes sharing information with other entities and organizations for protection against fraud and/or credit risk management. You have certain rights concerning the information we hold about you, as defined under the General Data Protection Regulation. If you wish to exercise these rights, please contact us, including your username and phone number (this is the unique identifier we use to identify and collate personal information). Your agreement Except as set forth herein, you will be advised when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information. IS MY PERSONAL INFORMATION SECURE? You must prevent unauthorized access to your account and Personal Information by restricting access to your computer, browser, and mobile device by and by keeping your mobile device secure and within your personal control. Pundit Club makes efforts to ensure that User account information is not disclosed to unauthorized users; however, Pundit Club is not able to guarantee the security of User account information. Unauthorized access or use, hardware or software failure, and other factors, have the potential to affect the security of User information at any time. The Service may contain links to third party or other sites and Pundit Club accepts no responsibility for the privacy policies and/or practices on such sites. When linking to such sites you should ensure you understand the privacy policy published on that site. We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. This Privacy Policy only governs information collected on the Pundit Club Service. WHAT PERSONAL INFORMATION IS AVAILABLE TO ME? Pundit Club permits you to view and, in certain situations, update some or all of the following Information. This list may change from time to time. • Username • Phone number • Email address • User profile information (club, country and leagues followed) • Points • Age Group • Motto • Profile image • Chat group image • Chat Groups • Predictions • Polls • Forfeits WHAT ARE MY OPTIONS AND RIGHTS ? You have the right to access, correct or delete your Personal Information including Contact Information you provided us. You may access your Personal Information by logging into your account and making necessary changes in your profile. You may also request a copy of any data we hold about you. Upon request, we will provide a file containing the personal data we hold on record about you. You can request changes or the file by sending an e-mail to gaffer@punditclub.com. If you can't log into your account for any reason, please contact gaffer@punditclub.com and we'll help you. If you wish us to delete your account, contact gaffer@punditclub.com and we'll help you do it. If you make a request to delete your personal data and that data is necessary for the products or services you have used or are using, the request will be honored only to the extent that you no longer require the service or for our legitimate business purposes or legal or contractual record keeping requirements. Summary of your rights: • Right of access – you have the right to request a copy of the information that we hold about you. Access to this information could be subject to an administrative fee of GBP 20 if your request is manifestly unfounded, excessive or repetitive. • Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete. • Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.Erasure will be subject to an administrative fee of GBP 20 if your request is manifestly unfounded, excessive or repetitive. • Right to restriction of processing – where certain conditions apply to have a right to restrict the processing. • Right of portability – you have the right to have the data we hold about you transferred to another organisation. • Right to object – you have the right to object to certain types of processing such as direct marketing. • Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling. • Right to judicial review: in the event that Pundit Club Ltd. refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain. All of the above requests will be forwarded on should there be a third party involved in the processing of your personal data. In order to verify your identity should you request your data or information about your data, we may ask for a copy of your verifiable ID such as passport or national identity card. If you do not wish to receive notifications, from us, please confirm your preference during the registration process, by modifying your account settings page. Be aware that if you do not want to receive legal notices from Us, (such as this Privacy Policy), your use of the Pundit Club Service will still be governed by those legal notices, and you retain responsibility for reviewing these notices for any changes that we may make. You may opt-out of marketing communications by following the email opt-out instructions contained in each email. Your browser may offer you a "Do Not Track" option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our Services and Pundit Club Website do not provide a Do Not Track option at this time. This means that unless you have selected this option independently provided on your browser or phone, we collect information about your online activity. If you have any questions about your choices with respect to opting out of the certain collection, use, or disclosure practices, please contact us at gaffer@punditclub.com. DELETING YOUR INFORMATION You have the right to request erasure of your personal data. Unless there is a compelling reason for the data not to be erased (for example, if we need to use that data to fulfil our contractual or legal obligations), your personal information will be deleted on request. USE OF COOKIES Like many other websites, the Pundit Club website uses cookies. Cookies are small pieces of information that are stored on your computer or mobile device when you visit a website. The cookies we use are ‘1st party’ cookies. We don’t use any ’3rd party’ cookies (these are often used to track behaviour across a range of websites, so targeted advertising can then be applied.) The following list outlines what we use cookies for: Google Analytics: Google Analytics sets cookies to help us accurately estimate the number of visitors to the website and what content is most popular. This helps to ensure that our website is responding to your needs in the best way possible. By using and browsing our website, you consent to cookies being used in accordance with this Policy. If you do not consent, you must turn off cookies or refrain from using the site. Most browsers allow you to turn off cookies. To do this, look at the ‘help’ menu on your browser. Switching off cookies should not noticeably restrict your use of this website. DATA STORAGE AND SECURITY STANDARDS Pundit Club takes security seriously. All information you provide to us is stored on our secure servers or those of our trusted partner services. We implement appropriate, generally accepted technical and organisational measures to protect your personal data against unauthorised or unlawful processing, accidental loss, destruction or damage, including encryption where appropriate. To protect your information from loss, misuse or unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect. These steps include the following: • Data minimisation • Security best practice concerning devices (PCs, laptops, mobile devices), online accounts, website hosting, physical access and storage • Staff training and accountability on data protection Unfortunately, the transmission of information via the Internet is not completely secure. We will do our best to protect your personal information, but we cannot guarantee 100% security of your data transmitted to our servers; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security to prevent unauthorised access to our servers. We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. DATA BREACH Our Data Security Policy includes a clear process for handling a personal data breach, should one occur. Where appropriate, Pundit Club will promptly notify you of any unauthorized access to your personal information. HOW LONG DO WE RETAIN DATA? Pundit Club retains personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods: • mandated by law, contract or similar obligations applicable to our business operations; • for preserving, resolving, defending or enforcing our legal/contractual rights; or • needed to maintain adequate and accurate business and financial records. AMENDMENTS TO THIS PRIVACY POLICY Pundit Club may change this Privacy Policy periodically and will carefully monitor industry or government mandated changes for their applicability to Pundit Club. Use of such information that we collect at the present time will be subject to the Privacy Policy in effect at the time such information is used. If we amend the way we use Personal Information, we will inform you by posting an announcement on our Service and/or sending you an email or text message. Users remain bound by any changes to the Privacy Policy when he or she uses the Service after such amendments have been first published. CONTACTING US If you have any queries or concerns with respect to your privacy or data when employing the Service, please contact us as at: Subject line: Data Enquiry gaffer@punditclub.com We will make every effort to address any issues you might have. If you live in the European Economic Area (EEA) or otherwise we maintain your personal data subject to the the General Data Protection Regulation (GDPR).You may direct questions or complaints to our lead supervisory authority in the United Kingdom, the Information Commissioner's Office (ICO): Information Commissioner's Office (ICO) Wycliffe House Water Lane Wilmslow SK9 5AF United Kingdom +44 303 123 1113 More information can be found at https://ico.org.uk/for-the-public/raising-concerns/ This policy was updated on May 24th 2018
Terms & Conditions
Welcome to the Pundit Club app and www.punditclub.com (“Pundit Club”). You can access our app from the Apple App Store or our website. Use of the app is also subject to Apple’s Terms of Service and Privacy Policy. The following pages (and the documents referred to in them) explain our Terms and Conditions. Please read these Terms and Conditions carefully. Using our app indicates your acceptance of our Terms and Conditions and Privacy Policy, and your agreement to adhere to them. If you later change your mind, please stop using the app. 1. INFORMATION ABOUT PUNDIT CLUB Our app is owned and operated by Pundit Club Ltd from the garage at our registered address (134 Weir Road, London SW12 OND, United Kingdom) and our company registration number is 09785057.. 2. ACCESSING THE APP We hope we will be around for many years to come. But no one can predict the future - not even Gary Lineker. So on the advice of our lovely lawyers, we have to say that access to our app is offered on a temporary basis only, and that we reserve the right to remove or amend the service we provide through our app without notice. If you wish to use Pundit Club, we require you to have registered with us by providing some basic personal information. Our app is not for under-13s, so children must wait until they are 13 or over to join. Although it’s unlikely, some people might try to sell or transfer their accounts to another person, without our prior written approval. This is not acceptable. Don't do it. You'll be red-carded if you do. It's up to you to make all the necessary arrangements to access the app. You are also responsible for ensuring that any friends who access our app through your cellular or Wi-Fi connection adhere to our terms and conditions. You acknowledge that you may be charged by your network provider for data services while using certain features of our app (including push notifications) or any such third party charges as may arise, such as roaming charges, and you accept responsibility for such charges. If you are not the bill payer for the device being used to access our app you will be assumed to have received permission from the bill payer. You are also responsible for all data usage incurred from you use of the app or by others using your device or account. We are hard workers, but we can't do everything. So we hired some smart folk to help us with some of the app’s functionality. Although we’re good judges of character and chose our partners carefully, you should double-check their terms and conditions or privacy policies. We are not responsible for their T&C’s, privacy policies or performance towards you. This also applies to Apple’s Terms. 3. INTELLECTUAL PROPERTY Pundit Club owns all rights to any intellectual property in the software, data and audio visual content comprised in the app which is not submitted by you (“Our Content”). These are protected by copyright laws and relevant treaties from around the world. All these rights are reserved. 4. GRANTING YOU RIGHTS IN OUR CONTENT Pundit Club grants all users a personal, global, royalty-free rights to use Our Content subject to and in accordance with these Terms. By accessing our and our partners’ services and Our Content you agree not to them other than for your personal, non-commercial use. These rights are not assignable by you, not exclusive to you and non-sublicensable by you. We prohibit the copying, modification, distribution, selling, or leasing of any part of Our Content, or the reverse engineering or attempted extraction of our software's source code unless applicable laws prohibit these restrictions, or you have our written permission. You must not use any part of Our Content for any reason other than your own personal and non-commercial use, unless you have obtained a license from us or our licensors in writing, in advance. If you have any questions, comments or interest about obtaining a license, please contact the gaffer@punditclub.com. 5. GRANTING US RIGHTS IN YOUR CONTENT Content submitted to the app by you, will be considered non-confidential. So, if you do want to join us and be part of the fun of Pundit Club, you (and here is the unavoidable legal bit) grant us an unrestricted, non-exclusive license to do this, and you waive all moral rights in your content solely in connecting with the use and promotion of the app and our services. You further grant us the right to make your content available to other partners, companies, organizations or individuals with whom we broadcast, syndicate, distribute or publish on, or other media and services for such purposes, subject to these Terms and Conditions. If you believe that there is content on our app to which you claim certain intellectual property rights and to which you have not granted permission to be used, then you should notify us accordingly. Alleged copyright infringement notices should be sent to us by email to gaffer@punditcub.com. The trademarks, logos, and service marks ( the “Trademarks”) displayed on our app are registered and unregistered Trademarks for which we, our third party partners hold ownership or license to use. Nothing contained on our app should be construed as granting, either expressly or implied by any license or right to use any Trademark displayed on our app without our written permission or the written permission of such third party that may own such Trademarks. Use of our Trademarks displayed on our app, or any other content on our app, except as provided for in our Terms and Conditions, is strictly prohibited. 6. LIABILITY Our app is fuelled by passion, opinion, and predictions. Our content is not intended to amount to advice on which reliance should be placed. It may be common sense, but no representation or warranty is made by us in respect of user-submitted content. Neither do we endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any user-submitted or created content or any communications created and posted via our app; nor can we endorse any opinions expressed via our app. You must only submit content to the app which you are entitled to do (play nicely, now!). Pundit Club provides the app “as is” and “as available” without any promises or representations, expressed or implied. To the fullest extent under applicable law, we hereby exclude all promises, whether express or implied, including any promises that the application is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the application by user is in compliance with laws or that user information transmitted in connection with the application will be successfully, accurately or securely transmitted. To the fullest extent under applicable law, in no event shall we be liable to a user of our app and services for any direct, indirect, special or consequential damages, including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of user information, the inability to use the app or device failure or malfunction. We shall not be liable even if we have been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, trojan horse or other harm. Our Content is provided without any guarantees, conditions or warranties as to its authenticity, accuracy or reliability. The above statements do not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law. As core to our chat product, we provide the ability via a feature that allows you to upload content (including but not limited to, images, text, graphics, audio, and videos) which adds to the dynamism of our app, and could form the basis of a contact with other users of our app. If you make use of these features, then you must comply with the content standards set out in our Acceptable Use Policy. You warrant that if any contribution or content does comply with those standards, you agree to indemnify (fully compensate) us for any breach of that warranty. Any material you upload to our app must be owned by you. We have the right to remove any content or a post you make on our app at any time for any reason. You acknowledge that Pundit Club has no control over, and no duty to take any action regards which users access the App. This also applies to the use the app, the effects the content may have on you, how you could interpret or use the content; or any action you could take resulting from being exposed to the content of Pundit Club. The app may contain, or direct you to sites containing, information that some people could find offensive or inappropriate. 7. ACCEPTABLE USAGE POLICY The following provisions set out Pundit Club’s acceptable usage policy that users must comply with while using our app: You agree that you will not use the app in any way that: is defamatory of any other person; is obscene or offensive; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right or trade mark of any other person; is likely to harass, upset, embarrass, alarm or annoy any other person; is likely to disrupt our service in any way; or advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse. You also agree not to: misuse Pundit Club by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our app, the server on which our app is stored or any server, computer or database connected to our app. You must not attack our app via a denial-of-service attack or a distributed denial-of-service attack; transmit, or procure the sending of, any unsolicited or unauthorized promotional or advertising material or any other form solicitation (spam); and engage in username squatting. Accounts that are inactive for three months or more may also be removed without further notice. 8.MODERATION OF CONTENT Please note that we do not moderate content, comments, posts or other material which you or our other users may submit to our app. We rely upon friend to friend moderation on our app. We enable you to notify Pundit Club of content uploaded that is in breach of or contravenes our Acceptable Usage Policy above (a yellow card moment). If someone is yellow carded, we shall examine carefully the content or other material which a user highlights as being inappropriate, and exercise our discretion whether to remove such content from our app or services. If necessary, and in our sole discretion, we may remove a user from the app (a red card moment!). 9. THIRD PARTY LINKS When our app contains links to other apps, sites, or content provided by third parties, the links are provided for your information and pleasure only. We do not have, and neither do our partners have, control over the contents of those app sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 10. JURISDICTION AND APPLICABLE LAW Pundit Club Terms and Conditions are governed by English law. The English courts have exclusive jurisdiction over any claim arising from or related to, a visit to our sites. 11. VARIATIONS We may revise our Terms and Conditions at any time through amendments to this page. We expect you to check this page from time to time to take notice of any changes we make (Sunday morning over coffee is a popular time). Some of the provisions contained in our Terms and Conditions may also be superseded by provisions or notices published elsewhere on our app.