Terms of Use

WEBSITE TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE  

These terms tell you the rules for using our websites wba.co.uk, shop.wba.co.uk/, tickets.wba.co.uk and login.wba.co.uk (individually and together “our site”).

WHO WE ARE AND HOW TO CONTACT US  

wba.co.uk, shop.wba.co.uk/, tickets.wba.co.uk and login.wba.co.uk are websites operated by West Bromwich Albion Football Club Limited (”We” “us”)).  

We are registered in England and Wales under company number 03295063 and have our registered office at The Hawthorns, West Bromwich, West Midlands, B71 4LF. We are a limited company.

Our main trading address is The Hawthorns, West Bromwich, West Midlands, B71 4LF. Our VAT number is 849 7609 68.

We are regulated by the Financial Conduct Authority under registration/authorisation number FRN689897.

To contact us, please email enquiries@wbafc.co.uk or telephone our customer service line on 0121 524 3470.

BY USING OUR SITE YOU ACCEPT THESE TERMS

Access to our site is provided free of charge (except for certain restricted areas / content – see section Restricted Areas Access below and any additional terms that apply to such areas/content). Access is permitted on a temporary basis and by using our site, you confirm that you accept these terms of use and that you agree to comply with them. We reserve the right to withdraw or amend any free service(s) provided on our site without notice. Access to paid-for services in the Restricted Areas of our site are subject to additional terms and conditions and your rights in relation to those services are governed by this licence, those additional terms and any additional rights you have under law. 

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU  

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Cookie Policy which sets out information about the cookies on our site.

Additional terms and conditions will apply if you purchase one off services / subscriptions or register for services that are accessed through Restricted Access Areas.

If you purchase products through shop.wba.co.uk/, such purchases will be subject to separate terms and conditions of supply. If you purchase tickets through tickets.wba.co.uk such purchase will be subject to the relevant ticket terms and conditions that will apply to those sales. These can be found at tickets.wba.co.uk.

If there is any inconsistency between these terms of use and those applicable terms and conditions, the terms and conditions for the product, service or digital content will apply.

WE MAY MAKE CHANGES TO THESE TERMS  

We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

Any new version of the terms of use will be posted on to our site and will take effect immediately on posting. If you continue to use our site after the new terms of use have been posted you will be deemed to have confirmed your acceptance of the new terms of use.

WE MAY MAKE CHANGES TO OUR SITE  

From time to time we may update or change our site, this may include without limitation automatically updating our site and changing the services provided via our site to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We will try to give you reasonable notice of any major changes.

WE MAY SUSPEND OR WITHDRAW OUR SITE  

Our site is made available free of charge. There may be a charge if you purchase one off services and/or subscribe for certain membership or subscription services available through our site.

We use reasonable efforts to ensure that information and material contained in our site is correct, although we do not make any representation, guarantee or warranty that the information and/or material contained on or accessible through our site is accurate, complete or up to date. We do not represent, guarantee or warrant that our site, or any content on it, will always be available or be uninterrupted. We will not be liable whatsoever if our site is unavailable at any time or for any period. We aim, but are not obliged, to update our site regularly and the content accessed through it. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We may close it indefinitely. We will try to give you reasonable notice of any suspension or withdrawal but are not obliged to. Access to paid-for services in the Restricted Areas of our site are subject to additional terms and conditions and your rights in relation to those services are governed by these terms of use, those additional terms and any additional rights you have under law. 

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

TRANSFER OF THIS AGREEMENT TO SOMEONE ELSE  

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens, we may do this by putting a notice on our site. You may only transfer your rights of your obligations under these terms to another person if we agree in writing. If you sell any device on which our site has been accessed, you must remove your username and password if such details are saved on such device.

ACCESS TO OUR SITE

We do not represent that content available on or through our site is appropriate for use or available outside of the United Kingdom.

To register on our site, you must be at least aged 18 or over or if you are under 18 you must have the consent of your parent/guardian to use/access our site and any applicable services offered through it. We may ask you to confirm your age before accessing certain parts of our site and/or certain services accessed through it. Certain parts of our site and/or certain services accessed through it may not be available to minors. Any minor using our site and services offered is confirming that they have received the consent of their parent/legal guardian to do so.

Some of the facilities or functions accessible through our site (including without limitation betting) are not intended to be accessible by, or actively advertised to, minors. All minors must have the permission of their parents or legal guardian before submitting or requesting any content or information to/from us, our commercial partners or other third parties, or before buying anything through our site. If a minor purchases anything through our site and fails to pay for such purchase and/or breaches the terms of use, it is the responsibility of the minor’s parent or legal guardian for such breach and to pay for any relevant purchase.

We reserve the right to withdraw your access to our site if we reasonably believe you are below 16 years of age and that you do not have the consent of your parent/legal guardian to access/use our site.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE  

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at myalbion@wbafc.co.uk .

Unless you have the relevant valid third party’s express consent, you will not disclose the personal data or confidential information of any third party whilst using our site or the services offered through it.

USE OF MATERIAL ON OUR SITE  

Except as otherwise set out in this section, all intellectual property rights in our site and the materials and content published on our site including, without limitation, the design, text, photographs, images, illustrations, graphics, data, trade marks, logos, audio and/or video content, written and other materials, the selection and arrangement thereof and software (individually and together the “Site Material”) are owned by us and/or our respective licensors and commercial partners and are protected by copyright, design right, database right, trade mark rights and other intellectual property rights and treaties around the world. All such rights are reserved.

Permission is granted to you to view our Site Materials on a single personal computer or other device and to print off one copy, and you may download extracts, of any page(s) from our site solely for your personal use. Access to some Site Materials may be subject to payment and acceptance of further terms and conditions by you. Any other use of Site Materials on our site, including (amongst others) download, reproduction, modification, transmission, distribution, extraction, commercial exploitation or re-publication, without permission of the Club, is strictly prohibited and you agree not to, nor assist any person to, carry out such acts. You have no intellectual property rights in, or to, our site or the Site Materials other than the right to use them in accordance with these terms.

You must not modify the paper or digital copies of any Site Materials 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 content on our site must always be acknowledged.

You must not use any part of the Site Materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the Site Materials you have made.

The integrity of our site and certain digital content delivered through it is protected by technical protection measures (“TPMs”) so that the intellectual property rights, including copyright, in our site and digital content are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM. This is subject to any rights you have at law which cannot be excluded in relation to “back up” copies and recompilation for interoperability purposes.

No copyright (or related rights) are asserted with the match fixture list(s) on our site (“Fixtures”) inside the EU. Outside of the EU, copyright (and/or related rights) protect the Fixtures in certain territories, in which territories all rights are reserved. Those wishing to reproduce, store in a retrieval system or transmit the Fixtures in any way or by any means (including photocopying, recording, or storing it in any medium by electronic means) outside of the EU should first consult Football DataCo Limited (www.football-dataco.com) and obtain an appropriate licence as required.

CONTRIBUTIONS

We may allow you to contribute or send materials to the Club through or on our site (including any Restricted Areas) or through other means (e.g. for illustrative purposes only email or App) (individually and together the “Contribution”). Any Contribution must comply with these terms of use, including without limitation the Rules about using our site and linking to our site section. In addition, in respect of all Contribution(s) you must:

  1. own the content of the Contribution;
  2. ensure that the Contribution complies with UK law and any other law of the country from which make the Contribution from;
  3. ensure that the Contribution is true, complete and accurate and that all opinions provided in the Contribution are genuinely held.

You warrant that any Contribution does comply with the above and you will be liable to us and indemnify us for any breach of that warranty.

You acknowledge that our site may contain Contribution(s) from other third parties. You are solely responsible for securing or backing up your content. We accept no liability whatsoever in respect of any Contribution. We do not monitor Contribution(s) but reserve the right to do so at any time and we have the right to, amongst others, edit, refuse to post, remove or respond to any Contribution as we see fit in our absolute discretion. If we fail to do so this shall not be deemed to be any acceptance or endorsement of that Contribution.

If you provide a Contribution, you confirm that you are granting to us a permanent, free of charge, worldwide right to use, adapt, broadcast, copy, disclose, reproduce, sell, sub-license, publish, transmit, prepare derivative works based upon the Contribution, display, distribute or perform the Contribution on our site, any Club mobile application and/or otherwise use and permit others to use the Contribution for all commercial and non-commercial purposes. Any Contribution you upload will be considered non-confidential and non-proprietary. You warrant that you have obtained all necessary licences and/or permissions and/or approvals in order to allow us to do so.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or their right to privacy.

SINGLE SIGN-ON

From time to time our site may integrate with other services or platforms (whether offered by us or third parties). We may offer a single sign on facility so that you can use our site and/or mobile application and/or certain services offered through our sites and/or our mobile application more easily.

RESTRICTED ACCESS AREAS

Users of our site may be able to purchase one off services and/or subscribe and/or register to receive additional restricted access to certain areas of our site or to receive information from us (“Restricted Areas”), for example WBATV. Access to the Restricted Areas may be subject to you accepting further terms and conditions.

Subject to applicable law and any additional terms and conditions relating to the Restricted Area, we are not obliged to offer or accept your request for purchase, registration and/or subscription to the Restricted Areas and reserve the right to suspend or terminate access at any time. Any acceptance of your registration or subscription will be for you as a single user only. You must not share your password or username, other access details or any content from Restricted Areas with any other person or user nor with multiple users on a network.

If you register to receive information from us (such as newsletters by email) your use of the content received through the email service will be subject to these terms of use and any other applicable terms brought to your attention.

If someone else owns the device you are using

Our site is for your personal use only. If you access or stream our site onto any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own such device.

DO NOT RELY ON INFORMATION ON THIS SITE  

The content on our site is provided for general information and entertainment purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO OR INTEGRATE WITH  

If we integrate our site with third party sites, the services provided through those sites will usually require you to have registered separately with them. You should ensure to read any terms and conditions and/or privacy policies that may apply between you and that third party.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites and/or resources, including whether to buy products or services offered by them. We recommend you read any terms and conditions and privacy policies (if any) that relate to such independent sites and/or resources.

LIABILITY

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of supply that apply to your purchase.
  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and notwithstanding or limiting this we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • To the extent permitted by law, we exclude any liability, loss and damage incurred by any user of our site in connection with the use, inability to use, or results of use of our site, any website linked to our site or any materials posted on it, including without limitation any direct, indirect or consequential loss, damage or liability.
  • We nor any of its staff or other representatives will be responsible or liable to you for any loss, damage, or inability to access and/or use our site which:
  • is due to any use you make of our site, other than that we permit under this licence;
  • suspension, restriction or cancellation to your App in accordance with this licence or any failure, interruption or cancellation of your use of our site or any content accessed through our site caused by events outside our reasonable control. For example (and amongst other things) this may include fire, floods, severe weather, terrorist activity or civil disruption;
  • is due to incompatibility of your devices or systems with the compatibility and technical requirements required to use and access our site;
  • is caused by viruses, errors, bugs, trojans, worms or other harmful data not caused by us or attributable to an error or problem with our site and/or any platform that App is accessed;
  • is caused by your failure to follow any reasonable instructions we have made known to you relating to your use of our site;
  • is caused by any delay or failure to access our site (or any part of it) caused by a change made by a third party supplier that is outside our reasonable control;
  • is caused by any content provided by or originating from third parties as part of our site or for any product or service advertised, promoted, offered or sold by third parties on or via our site;
  • concerns loss or damage:
    • which is not a foreseeable result of our breach of this licence (though we will be responsible for loss or damage directly caused by us which is foreseeable). Loss of damage is foreseeable if either it is obvious that it will happen or if, at the time we enter this contract, both you and we knew it might happen; or
    • relating to any business, including (amongst other things) loss of profits, loss of business, loss of opportunity and/or business interruption. Our site is made available for private and domestic purposes only.
  • You agree that your use of our site will at all times comply with these terms of use and you will be liable to indemnify us for any breach of these terms of use. This means you will be responsible for any loss or damage we suffer a result of your breach.

HOW WE MAY USE YOUR PERSONAL INFORMATION  

We will only use your personal information as set out in our privacy policy It is important that you read this policy.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using our site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM AND OTHER RESTRICTIONS 

We do not guarantee that use of our site will be secure or free from risk, errors, bugs, viruses or other damage.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, errors, bugs, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would 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 our site will cease immediately.

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, our site and/or any of the services accessed or provided through our site in any form, in whole or in part to any person without prior written consent from us;
  • not copy our site and/or any of the services accessed or provided through our site;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of our site and/or any of the services accessed or provided through our site nor permit our site and/or any of the services accessed or provided through our site or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use our site and/or any of the services accessed or provided through our site on devices as permitted in these terms of use;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of our site and/or any of the services accessed or provided through our site nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by our site and/or any of the services accessed or provided through our site.

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 our site or to your downloading of any Sites Materials posted on or accessed through it, or on any website linked to our site.

RULES ABOUT USING OUR SITE AND LINKING TO OUR SITE  

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

Your use of our site and any website in which you are linking must comply with the laws of England and Wales and not:

  • be used in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently, or maliciously, for example, by hacking into or inserting malicious code, such as viruses, Trojans, worms, logic bombs, errors, bugs or other harmful data, into our site, any service provided through our site (including, without limitation, through a Restricted Access Area) or any operating system;
  • Be defamatory of any person;
  • Be obscene, offensive, hateful, inflammatory or otherwise objectionable;
  • Bully, insult, intimidate or humiliate;
  • Promote sexually explicit material;
  • Include child sexual abuse material;
  • Promote violence;
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe our intellectual property rights or those of any third party, including without limitation copyright, database right or trade mark of any other person;
  • Be likely to deceive any person;
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • Promote any illegal activity;
  • Be in contempt of court;
  • 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;
  • Damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • Not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the services running any service accessed through our site, including without limitation any Restricted Access Area;
  • Impersonate any person, or misrepresent your identity or affiliation with any person;
  • Give the impression that the contribution emanates from West Bromwich Albion Football Club Limited or any company associated to West Bromwich Albion Football Club Limited, if this is not the case;
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
  • Contain a statement which you know or believe, or have reasonable grounds for believing,that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
  • Contain any advertising or promote any services or web links to other sites.
  • Attack our site via a denial of service attack or distributed denial of service attack;
  • Attempt to gain unauthorised access to our site or any Restricted Access Area or digital content delivered through it, any operating system, the server on which our site is stored and/or any server, computer or database connected to our site;
  • Use our site for commercial gain.

You may use our site only for lawful purposes.

If you wish to link to or make any use of content on our site other than that set out above, please contact enquiries@wbafc.co.uk ..

YOUR BREACH OF THESE TERMS

When we consider that a breach of these terms of use has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms of use constitutes a material breach of these terms of use and may result in our taking all or any of the following actions, without any liability to you or any other third party:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any contribution uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

If your access is suspended or terminated, you must stop all activities authorised by these terms, including your use of any Site Materials and access to any Restricted Access Area. We exclude our liability for all action we may take in response to breaches of these terms of use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate in the circumstances.

We may report any breach of this licence by you which may constitute a criminal offence and/or a breach of any other third parties intellectual property rights to the relevant law enforcement authorities and/or a relevant intellectual property owner/licensor. We will co-operate with those authorities and/or intellectual property owner/licensor and/or any person alleging in good faith that your breach has infringed their rights, by disclosing your identity to such authorities and/or persons. In the event of such a breach, your right to use our site will cease immediately.

TERMINATION OR SUSPENSION OF YOUR ACCESS TO OUR SITE

In addition to any other rights we have to terminate or suspend your access to our site, and without liability to you or any other third party, where we are:

  • unable to verify or validate any information you have provided to us;
  • we are required to do so by law or by a regulatory/governmental body;
  • we no longer make our site and/or Restricted Areas (or any part of it) available;
  • we need to update, repair or maintain our site or technology relating to it;

we may suspend or terminate your access to our site and/or any Restricted Area (or part of it).

The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate in the circumstances.

If your access is suspended or terminated, you must stop all activities authorised by these terms, including your use of any Site Materials and access to any Restricted Access Area. If access to a Restricted Access Area has been paid for, the above section (Termination or suspension of your access to our site) will also be subject to the additional terms and conditions that apply to such access and/or any applicable refund policy.

NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain full force and effect.

EVEN IF WE DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing these terms of use, we can still enforce it later. If we do not insist immediately that you do anything that you are required to do under these terms of use, or if we delay in taking steps against you in respect of your breaking these terms of use, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?  

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

10 August 2020.