Sports Impact

1.0 Introduction
1.1 This document describes the basis for the provision of the “Sports Impact” service by Global E-Network Limited to Impact users. These terms may vary and any such revisions will be published via the Sports Impact website at sportsbase.globaleplc.net.
1.2By registering for the service, users agree to be bound by these terms.

2.0 Definitions
“Global E-Network Limited” or “Global E” is the company operating and providing these services;
“User” refers to a person or persons registered for any Sports Impact service;
“Services” means the general services described on our website and offered to users;
“Website” means the publicly available web presence visible at sportsbase.globaleplc.net or any other site operated by Global E-Network Limited
“Legislation” refers to any applicable laws or regulations which relate to the provision of any service offered or described our website;
“Balance” means the value of credit held by any user on their Sports Impact account at the time referenced;
“Account” means the account associated with a user or users of any Sports Impact service;
“Sports Impact” refers to the brand name for the general service for users as described on our website and referenced in these terms and conditions;
“Call” means a voice transaction either from or to Sports Impact where a conversation takes place; a Call may or may not be chargeable;
“Transaction” means any non-Call activity through Sports Impact and may include text messages, content delivery and other communications which may or may not be chargeable;
“Top Up” or “Top-Up” describes a credit applied to a user’s account by way of an increment to their balance, based on a payment made by and settled on behalf of that user to Sports Impact;
“DDI Number” or “Direct Dial In Number” or “Sports Impact Number” refer to the telephone number assigned by Sports Impact to users of Sports Impact who have elected to use such a number.
“Online” is when a user is actively connected to the Sports Impact network via an IP device or softphone or other device supported by Sports Impact.
“Acceptable Usage Policy” is the Sports Impact Acceptable Use Policy which is available via the Sports Impact website or by request to Global E via the website at sportsbase.globaleplc.net under ”Using Impact”.
“Content” means any non-call related material including but not restricted to ringtones, video clips, sound clips, text, pictures which may be transmitted through the Sports Impact network and/or to Sports Impact users.

Microsoft, MSN, Windows, the MSN logo and the Windows logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries."

The YAHOO!, Yahoo! logo, YAHOO! (in Chinese characters), and YOUR HOME ON THE WEB trademarks and service marks and other Yahoo! logos and product and service names are trademarks of Yahoo! Inc.

GOOGLE, Google Talk and Google Mail are trademarks of Google Inc.

AIM trademarks are the property of their respective owners, including, without limitation, AOL LLC and Netscape Communications Corporation.

Jabber® is a registered trademark of Jabber, Inc.

ICQ, THE FLOWER LOGO, THE ICQ NETWORK and/or other ICQ products referenced herein are trademarks and/or servicemarks of ICQ.

3.0 General Provisions
3.1 Global E are the providers of the Sports Impact Services covered by these Terms and Conditions.
3.2 Global E will endeavour to provide Sports Impact without disruption, delay or distortion. However, due to the very nature of the internet, Global E cannot guarantee that Sports Impact will always operate without any interruption, delay or distortion.
3.3 “Sports Impact” DOES NOT INCLUDE PROVISION OF ACCESS TO EMERGENCY SERVICES. By accepting these terms and conditions, users acknowledge that they must use alternative telephony services to contact the emergency services.
3.4 Calls between Sports Impact users via the service, and for as long as those users are online, are without charge to the user. Global E may, from time to time, provide free calls to other destinations via promotional or bonus activities. Details will be described separately and these activities may be subject to additional terms and conditions as published with notification of the activity.
3.5 Users must introduce funds into their account in order to make Sports Impact calls to chargeable destinations or to send SMS messages.
3.6 Global E will charge for all calls made using Sports Impact according to the schedule of rates listed on the website and adjusted from time-to-time at Global E’s discretion.
3.7 Any use of any service provided by Global E, its affiliates, partners and related companies is always subject to the Acceptable Usage Policy currently in force and published on its website.
3.8 These terms and conditions imply an agreement between Global E and the user which are accepted by the user joining and may not be assigned or otherwise transferred to any other party.
3.9 Sports Impact can provide telephone numbers to users in order to receive calls from other telephone networks and operators. These numbers are subject to an activation charge and any call rates as defined on the Sports Impact website. These numbers remain under the control of Global E-Network Limited and cannot be retained by the user should the service be terminated. Global E reserve the right to change the number provided to the user at any time for engineering reasons.
3.10 The Sports Impact service does not include the facility to ‘port’ or transfer-in or transfer-out telephone numbers for use with our service or any other, and/or between Sports Impact and any other telephony service.
3.11 Business Users – Sports Impact is intended as a consumer service and where services are offered to or used by business customers, additional and/or separate terms and conditions may apply as published on the Sports Impact website.

4.0 Personal Information and Privacy
4.1 Global E make use of personal information which identifies the user of the services. Use of data which directly identifies an individual is restricted to employees of Global E only and is not released to third parties except:
Upon a request from an appropriate legal body
Where fraud or other illegal activity is suspected
Where the identity of that user is in doubt, or apparently forged
Where the user has explicitly agreed to the release of such information (“opt-in”)
4.2 Global E may, from time to time, send electronic or other communications to users of Sports Impact using the contact information provided by that user. Such communications are normally to advise of new service features, special offers, promotions, service information or in response to service queries and/or to discuss account queries.

4.3 Global E may analyse the calling patterns of users such that it can manage its network (capacity management) and/or design new pricing packages for the future. It will not release such data to external/third parties except as outlined in 4.1 above.

5.0 Abuse of Service
5.1 The definition of what constitutes acceptable use of any Sports Impact service is detailed in the Acceptable Use Policy which is available via the website. By accepting these terms and conditions, users are bound by and agree to follow the stipulations of the Acceptable User Policy.
5.2 Subject to the current terms prevailing in the Acceptable Use Policy, Sports Impact reserves the right to terminate service to any user who it suspects may be in breach of that policy.

6.0 Rates, Charging, Payments and Accounting
6.1 Calls are rated according to the destination and duration of that call and, in some instances, according to the date and time of day when the call was placed. All rates are available from the website and any changes made by Global E will be reflected in the rates shown there.
6.2 Other Transactions are rated according to the destination, volume, duration or other measure of that transaction and, in some instances, according to the date and time of day when the transaction was made. All rates are available from the website and any changes made by Sports Impact will be reflected in the rates shown there.
6.3 Any transaction rated by duration will be rounded to the nearest minute and then the appropriate rate applied. Hence, all calls are billed as rounded to the next minute according to the total duration measured by Global E’s systems.
6.4 During any call, or other transaction, charges calculated will be deducted from the user’s balance. In the event the user’s balance is reduced to zero then the call, or other transaction, will be terminated at that point.
6.5 Sports Impact balances are incremented using the website and are applied to the user’s balance immediately that the payment transaction has been authorised by the issuing authority (typically, the user’s credit card company) and transferred to Global E-Network Limited.
6.6 In the event that a user believes that they have been charged incorrectly, they should contact Global E using the support details provided on the website under ”Using Impact” within 10 days of the event to be queried. Should an error be identified, Sports Impact will issue a credit in the form of a balance adjustment to their account.
6.7 Credits, adjustments or refunds in the form of cash will not be made by Global E to any user at any time.
6.8 If a regular, direct debit or other payment is dishonoured, blocked or cancelled, Global E shall levy an administration fee against the associated user account in the sum of £5 plus VAT, in the form of a debit to that user’s balance.
6.9 Global E-Network Limited is registered in the United Kingdom for Value Added Tax (“VAT”) purposes, reference 894 2403 11.
6.10 United Kingdom VAT at the currently prevailing rate is applied to all Top-Up charges made via the website except where the credit card payment mechanism identifies the user to the satisfaction of each of the credit card issuer, Global E and the United Kingdom Inland Revenue Department of Customs & Excise that the user is not obliged to pay VAT. This determination is managed for Global E by the credit card payment handler and their determination is final. Users are required to contact their card issuer and/or UK Customs & Excise in order to challenge any such determination. Note that any resident of the European Community is obliged to pay VAT on Sports Impact services.
6.11 Any credit balances held on a users’ account by Sports Impact are non refundable, except where the user has terminated their use of Sports Impact under section 7.0 of this agreement; where any credit balance will be refunded to the originating credit card or payment provider balance, subject to administrative charges levied by Global E in accordance with these terms and conditions. Outside of the stipulations of section 6.0, no refund will be made.

7.0 Duration and Termination
7.1 These terms and conditions apply to any user of Sports Impact from the point of registration.
7.2 The term of the service is a minimum of 1 year and will continue unless terminated by the user. Users will continue to be bound by these terms and conditions until their use of the service is terminated according to the conditions within this section.
7.3 Users may terminate their account after a period of 10 months by giving 30 days notice to the Sports Impact Customer Service Team via the Sports Impact website feedback form (”Using Impact” link)
7.4 The initial period to which the users commit is 1 year.
7.5 Users are free to add credit to their account ( Sports Impact) at any time.
7.6 Global E reserves the right to terminate service to any user at its sole discretion where that user has breached, or in Global E’s opinion, attempted to breach the Acceptable Use Policy.
7.7 Global E reserves the right to apply a fee of GBP£5 (five pounds sterling), plus any applicable VAT, to any residual balance to cover its administrative costs in closing the user’s account.
7.8 As with 6.11 above, any balance below GBP£5 (five pounds sterling) or other currency equivalent will not be refunded to any user regardless of the reasons for their cessation of use of the service.

8.0 Warranty and Liability
8.1 Global E does not accept any liability for business or personal financial loss (including loss of profit, revenue, contract, expected savings, goodwill data or other financial loss) arising from the use, misuse or attempted use of its services. This includes any indirect or consequential loss which was not reasonably foreseen by Global E at the time the user accepts these terms and conditions
8.2 Global E makes no warranties with respect to the ability of the user to make calls, send messages or process other transactions from or through any aspect of the Sports Impact service.
8.3 Global E will use its best endeavours to supply service but, clause 8.2 notwithstanding, cannot guarantee availability of service in the event of any third party failing (including that of the user’s own internet supplier), acts of God, severe weather conditions, power fluctuations or failures, act of terrorism or other civil disturbance, or government action.
8.4 Global E does not attempt to restrict any liability for death or personal injury caused by its negligence or that of its personnel, and nothing in this, section 8, limits or restricts this liability.
8.5 Global E does not guarantee access to ‘Dial 100’ style Operator Services through the Sports Impact service.
8.6 Global E does not guarantee access to dial-based Directory Enquiries services, wherever they are geographically based, through the Sports Impact service.
8.7 Global E does not guarantee access to dial-based premium content and/or non-geographically based information services through the Sports Impact service.

9.0 Communications and support
9.1 Global E-Network Limited provides support for the Sports Impact service via its website at sportsbase.globaleplc.net. Queries can be raised using the “Using Impact” menu on the website. This form generates a ticket with the staff at Sports Impact, who will respond using email with assistance.
9.2 The service is delivered using the internet – users sign-up for the service using the Sports Impact website and commit to these Terms and Conditions by registering for the service.

9.3 Global E-Network Limited’s headquarters and contact address is at :

Global E-Network Limited
52-58, Tabernacle Street
London
EC2A 4NJ
United Kingdom

10.0 Miscellaneous
10.1 Global E may vary these terms at any time by publication of the revisions to the website. Should a user not accept any revisions then they may terminate their use of Sports Impact in accordance with section 6.0 of these terms and conditions.
10.2 Should legal or regulatory conditions dictate then Global E reserves the right to adjust the terms, conditions and/or actual services in order to meet such.
10.3 Any unenforceable, invalid or ineligible clause within these terms and conditions does not invalidate or otherwise make unenforceable or ineligible any other clause.
10.4 Global E-Network Limited retains the rights and ownership to all components of the services designed, deployed and delivered to any user by Global E.
10.5 All users must accept the terms of the End User License Agreement when downloading the Sports Impact software and/or making use of the Sports Impact website / customer portal.
10.6 Global E-Network Limited is a member of ITSPA – the Internet Telephony Service Providers Association – and has signed up to their Code of Practice. Details can be found their website at http://www.itspa.org.uk/.

10.7 These terms and conditions are published by Global E-Network Limited, a company registered in the United Kingdom, number 3952772, and whose registered office is at:
7, Cavendish Court
Croxley Green
Hertfordshire
WD3 3DJ

The above representing Version 2.1 of the Terms and Conditions for the Sports Impact service issued March 2008.

END.

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