TERMS OF SERVICE

DEFINITIONS

Access Agreement - an agreement between the Customer and the Service Provider, by virtue of which the Customer is granted access to exclusive content of the Website for a limited time for a specified fee.

Advertisement – the advertisement of the Club or the Customer expressing the willingness to transfer a Player or to establish cooperation with the Club or with Individual Customer on other terms, in particular with or as a Scout or Coach.

App – the Service Provider's official mobile application for use on devices equipped with Android, iOS or Windows Phone, available from the Play store, App Store or Microsoft Store, under the name 321 Transfer

Club – a football sports club participating in football competitions in any league in the world as part of the relevant football association (including men and women competition), having legal personality according to its personal statue. The Club is also a football academy, providing football training for Minors and cooperating with a professional club that participates in professional senior competitions.

Coach - an individual engaged in professional sports training of football players for Clubs or Players individually.

Consumer – a natural person making a legal transaction with the Service Provider, not directly related to his/her business or professional activity. For the purposes of these Terms of Service, a Consumer is also considered an Entrepreneur On the Rights of the Consumer.

Customer – an entity using the services of the Service Provider under the Services Agreement or Access Agreement, including the Club and User (including Consumer) if they entered aforementioned agreements.

Entrepreneur On the Rights of the Consumer - a natural person entering into the Access Agreement directly related to his business activity, when the content of the Access Agreement shows that it is not of a professional nature for him/her, arising in particular from the subject of his/her business activity.

GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Individual Customer – a Customer who is a natural person (other than the Club), including Player, Scout or Coach.

Minor – a natural person (especially a Player) who does not have full legal capacity on the date of the Access Agreement or the Service Agreement.

Parties – the User and the Service Provider jointly.

Player – a natural person playing football for the Club.

Profile – a personalised account of the Club or Player or Coach or Scout created through registration, which can be accessed by authorized representatives of the Club.

Scout - an individual engaged in professional observation and opinion of soccer players for the benefit of sports clubs and soccer agencies, including those who make sports analyses based on statistical data.

Service Agreement - a contract for the performance of a service rendered under simultaneous absence of the parties (remote service), through the transmission of data on individual demand of a User, transmitted and received by means of devices for electronic processing, including digital compression, and data storage, which is entirely broadcasted, received or transmitted by means of the telecommunication network.

Service Provider - 321 OÜ, based in Lõõtsa tn 5, 11415 Tallinn.

Technical Parameters – minimum technical requirements, fulfillment of which by the User is necessary for the use of the Website and/or the App with all its functionalities, including the conclusion of the Access Agreement.

Terms of Service – this document laying down terms and conditions of use of the Website.

User – a natural person browsing the content of the Website or using the Website.

Website – a website available at www.321transfer.com, run by the Service Provider.

GENERAL PROVISIONS

These Terms and Conditions define rules governing the use of the Website and the App and the provision of services by electronic means by the Service Provider as part of its activities and the related rights and obligations of the Club.

The purpose of the Website and the App is to support business contacts between Clubs regarding the conclusion of transfer agreements as well as supporting business contacts between Clubs and Individual Customers. The Website and App is not intended for use by football agents or transaction intermediaries.

For the avoidance of doubt, whenever these Terms of Service of the Website refer to “selling a Player” or “loaning a Player” it is to be understood as concluding a definitive or temporary transfer agreement whereby the Club releases the Player definitively or temporarily from the obligation to fulfil the contract between him and the Club and allows the Player to conclude a contract with another Club. The Service Provider does not support human trafficking or any other form of slavery and the Website/App is not intended for use for such purposes.

The owner of the Website and the App is the Service Provider. The Service provider can be contacted at the e-mail address office@321transfer.com.

The User acknowledges the content of these Terms of Service while registering the Profile and undertakes on behalf of the Club to comply with the provisions of these Terms of Service and to use the Website/App in a manner consistent with the Terms of Service, applicable national provisions, the rules of social conduct and good manners.

The User logged in to the Profile acts on the Website/App on behalf of the Club or as an Individual Customer himself.

The Customer undertakes to enter data to the Website and/or App in accordance with the facts at any time.

The Customer, by entering data into the Website, declares that it has all the rights necessary to enter and share such data. Before entering the data, the Customer (especially the Club) is obliged to obtain relevant consents, licenses or other rights required by law related to entering and sharing information via the Website/App.

It is forbidden to provide illegal content, as well as content that is offensive, vulgar or content that may violate the personal rights of third parties protected by law.

For the use of the Website the end device and the ICT system used by the User needs to meet the following Technical Parameters: Internet connection, operation and use of one following web browsers: Safari version 14 or newer, Google Chrome version 90 or newer, Microsoft Edge version 89 or newer, Opera version 75 or newer or Mozilla Firefox version 87 or newer.

For the use of the App the end device and the ICT system used by the User needs to meet the following Technical Parameters: 

Mobile Application:

Minimum requirements for Android:

Minimum Android version: Android 8.0 (Oreo).

Minimum available RAM: 4 GB.

Internet connection: A constant Wi-Fi or mobile network connection is required.

Minimum requirements for iOS:

Minimum iOS version: iOS 12.

Minimum available RAM: 4 GB.

Internet connection: A constant Wi-Fi or mobile network connection is required.

Web Application:

Minimum required web browsers (for essential features support):

Google Chrome: version 89 or newer.

Mozilla Firefox: version 86 or newer.

Apple Safari: version 14 or newer.

Microsoft Edge: version 87 or newer.

HTML, CSS, and JavaScript versions:

The web application supports HTML5, CSS3, and JavaScript ES6.

Internet connection requirements:

For full functionality of the web application, a stable internet connection with a minimum speed of 1 Mbps is required.

Other technical requirements:

Enabling support for cookies in web browsers is recommended for full application functionality.

The Service Provider does not participate in the contract negotiation process and therefore it is not a transfer intermediary or football agent within the meaning of FIFA regulations and does not charge any fees directly related to contracts concluded with the support of the Website or the App.

All information shall be entered into the Website or the App in English.

All information entered into the Website or the App, constituting untranslatable proper names such as names and surnames or names of clubs shall be entered in their original form, provided that they are entered in the Latin alphabet. In the event that the original proper names were written in an alphabet other than the Latin alphabet, they should be entered in the Latin alphabet, reflecting their original wording.

TERMS AND CONDITIONS OF THE WEBSITE AND THE APP

The purpose of the Profile is to establish and facilitate business relations between Clubs aimed at negotiating and concluding agreements concerning player transfers or business relations between Clubs as well as Individual Customers or between Individual Customers only, aimed at negotiating and concluding agreements concerning professional services related to the football competitions (e.g. professional football training services; professional player observation, analysis and recommendation services, professional football playing services).

The Profile constitutes a personalised Customer account providing access to exclusive content of the Website or the App.

The User logged in to the Profile gains access to the content of the Website made available to the given Profile. The subject content may vary depending on the conclusion of the Access Agreement with the Service Provider for a particular Profile and on the type of Customer the Profile is linked to (in particular whether the Profile belongs to a Club, Player, Coach or Scout).

In order to create a Profile the User must fill in the registration form. The User is obliged to provide accurate and complete data in the registration form enabling unambiguous verification of the User and/or the Club.

A Profile for a given Club is created by Users who are persons authorized to represent the Club. During the registration of the Profile the User declares that he/she is the person authorized to create the Profile on behalf of the Club and conclude agreements with the Service Provider, in particular the Service Agreement and Access Agreement.

A Profile for an Individual Customer is created by the Individual Customer himself. If the Individual Customer is a Minor, the establishment of his Profile requires the consent of his legal representatives, presented in documentary form, via e-mail.

The Club shall ensure that only authorized persons create and are granted access to the Profile.

An Individual Customer can only use the Profile by himself/herself. Sharing the Profile with third parties is prohibited.

It is forbidden to create a Profile for a nonexistent entity (including Club or Player or Coach or Scout) or using false information.

By creating a Profile for the Club, the User agrees to verify the authenticity of the User and the Club. The verification is carried out in two stages: (i) by verifying the User’s identity and his authorization to represent the Club, (ii) by verifying the Club and provided information on the Club.

Verification of the authenticity in both stages is carried out in a manner chosen by the Service Provider, ensuring the utmost guarantees of the correctness of registration. For this purpose the Service Provider provides three procedures to verify the identity of the Club and the User:

in the absence of any doubt, especially in the case where personal conversations with representatives of the Club are conducted the Service Provider may refrain from verifying the authenticity of the Club or Users;

in the event of an average measure of doubt, the Service Provider verifies the authenticity by exchanging specific e-mail correspondence with the Club, a telephone conversation with the Club or by sending a copy of the User’s authorization to represent the Club with respect to creating the Profile and entering into Service Agreement and Access Agreement (in accordance with the template attached to these Terms of Service);

in the event of doubts above the average measure, in particular, when the methods of verification indicated in letter b. prove to be insufficient, the Service Provider may request additional confirmation of authenticity, in particular by:

making a bank transfer by the Club for the amount of EUR 1.00 (one euro) to the bank account indicated by the Service Provider, which Service Provider will credit towards subsequent payments or return it at the Club’s request;

taking a photo by the User that meets the requirements set out by the Service Provider, in particular a photo with the image of the User and a card containing the current date or a specific writing and sending it to the Service Provider;

confirmation of the existence of the Club, the accuracy of the information provided on the Club and persons authorized to represent the Club in the relevant national football association, requesting the Club to provide the list of Users authorized to access the Website;

requesting the Club to provide a copy of the Club’s registration documents, created and maintained in accordance with national law and, if, necessary, translation of these documents.

Verification of authenticity of the Club or its Users may be carried out at any time by the Service Provider at its discretion and in the manner it chooses, in particular using any of the methods listed above. Until the authenticity is confirmed, the Service Provider may suspend the Club's access to the Profile.

Individual Customers are not verified during Profile registration, however, they may be verified at a later time in case of suspected violation of the Terms and Conditions, in particular, in case of suspicion of using false data or entering false information. Verification of Individual Customers is carried out by establishing a live call with them or by their presentation of documents proving their identity.

Each Profile may be operated by Users designated by the Club. Each User acknowledges and undertakes to comply with Terms of Service on the first login. By granting access to the Profile to a given User, the Club confirms his authorization to represent the Club in relation to the services provided as part of the Website.

The Club shall ensure that only authorized persons have access to the Profile. In particular, the Club undertakes to prevent the situation in which the Profile is used by a natural person other than the User authorized in accordance with these Terms of Service. If a given User ceases to cooperate with the Club, the Club is obliged to revoke that User’s access to the Profile.

The Customer undertakes to immediately notify the Service Provider of the loss of access to the Profile.

The Profile of the Customer who is not a party to the Access Agreement remains hidden for the other Profile holders on the Website or the App.

The Club guarantees that its Users comply with the provisions of these Terms of Service and bears responsibility for its Users’ actions taken from the level of the Club’s Profile.

In the case the Profile is used in a manner or for purposes inconsistent with the provisions of these Terms of Service, the Service Provider may temporarily suspend the access to the Profile for a specified period of time or delete the Profile, without any refund, unless the suspension proves to be unjustified.

The Customer may request deletion of the Profile at any time. 

ACCESS TO EXCLUSIVE CONTENT

Under the Access Agreement the Service Provider undertakes to provide the Customer with the full content of the Website and the App for a limited period of time for a fee specified by the Service Provider.

Access to the full content of the Website includes, in addition to the functionalities generally available to Profile holders, the ability to post their own Advertisements, view Advertisements posted by other Clubs or Individual Customers, respond to Advertisements, contact Clubs or other Individual Customers directly via the Website or the App, track Club Profiles and Individual Customers accounts.

The Access Agreement is concluded between the Parties upon payment by the Customer of the specified fee corresponding to access to the full content of the Website and the App for the selected period. Clubs pay for a specific period of access to exclusive content, for a period of their choosing, and Individual Customers purchase an access for one of three subscription periods of their choosing, which is: 1 month subscription, 3 months subscription and 6 months subscription. Subscription does not renew itself automatically, meaning that if an Individual Customer wants to extend their subscription, they have to purchase it manually for a next period of their choosing.

Creation of the Profile without the payment of the necessary fees connected with the full access to the Website/App is not considered as concluding an Access Agreement.

The Access Agreement is concluded with the use of electronic devices via the Internet. Any declarations of will related to the concluded agreement can be submitted online, in particular by sending to the indicated e-mail address or via the Website or the App.

The subscription period shall be chosen by the Individual Customer and includes: one month subscription, 3 months subscription and 6 months subscription. The subscription period shall be calculated from the date of purchase of the subscription. The subscription period does not renew automatically and has to be manually extended by the Individual Customer if he wishes so. Payments for each subsequent subscription period shall be paid in advance. 

The subscription cannot be cancelled before its’ expiration subject to different regulations for consumers. 

In the event of a temporary suspension of the Customer’s access to the Profile during the term of the Access Agreement, the duration of the provision or services covered by that Agreement shall be extended by the duration of suspension of the Profile unless the suspension of the Profile occurred for the reasons attributable to the Customer. As an alternative, at the Customer’s request submitted within 10 days from the date of restoring the service the Service Provider shall refund the amount corresponding to the ongoing inability to use the Profile.

The expiry of the Access Agreement results in the removal of the Advertisements posted by the Customer and hiding the Profile from access of other Profile holders until the Access Agreement is concluded again or the Profile is permanently deleted.

Payment under the Access Agreement is due to the Service Provider also in the event that the Customer does not actually use the available functionalities of the Website.

The Access Agreement is valid for the period for which the payment was made. The Customer may not terminate the abovementioned agreement before the expiry date. Subject to the previous sentence, the Customer may delete its Profile at any time without being entitled to a refund of payment by the Service Provider for the unused period.

The Service Provider may terminate the Access Agreement with immediate effect in the event of:

providing access to the Profile by the Customer to unauthorized persons, in particular to persons not directly related to the Club or not being an Individual Customer;

entering false information on the Website or the App, including but not limited to false information about the Club, Players, User or false Advertisements;

use of the Profile for purposes inconsistent with its intended purpose;

posting inappropriate content on the Website or the App, including obscene, vulgar, commonly considered inappropriate content, spam or scam or content unrelated to football;

advertising the services of Customers or other entities, regardless of the industry in which they operate, if these advertisements do not serve to establish a relationship between Customers;

violation of other provisions of these Terms of Service.

In the event of an early termination of the Access Agreement for reasons attributable to the Customer, in particular in the cases indicated in the previous point, the Customer is not entitled to a refund for the unused period.

The Access Agreement shall expire on lapse of the period for which the payment was made.

The Access Agreement is not automatically renewed. The Customer may extend the term of the Access Agreement by making a payment for the next selected period.

The Service Provider may grant Clubs or Individual Customers access to the Website/App for a free trial period. The provisions related to the Access Agreement shall apply accordingly to the free trial period.

INFORMATION FOR CONSUMERS

The provisions of this paragraph shall apply only to Consumers and Entrepreneurs On Consumer Rights. For the purposes of this Section, Consumer shall also mean Entrepreneur On Consumer Rights.

The Consumer shall have the right to withdraw from the Access Agreement, as a remote agreement, without stating a reason and without incurring costs, except for the costs of the services already performed by the Service Provider, proportionally to the extent of the performance of services, taking into account the price agreed upon in the Access Agreement.

The withdrawal period shall be 14 days from the commencement of the provision of services covered by the Access Agreement, and it shall be sufficient to send the Service Provider a statement of withdrawal from the Access Agreement before the expiration of the aforementioned period to meet the deadline. The deadline for withdrawal shall be counted from the day following the date of commencement of services.

At the express request of the Consumer, the commencement of the provision of services provided for in the Access Agreement may begin before the expiration of the deadline for withdrawal from the contract. In such a situation, the Consumer loses the right to withdraw from the contract as soon as it is fully implemented by the Service Provider.

The statement of withdrawal may be sent by traditional mail or electronically by sending a statement to the Service Provider's e-mail address at: office@321transfer.com. The statement can be submitted on the form, the model of which is attached as Appendix No. 1 to these Terms of Service, but it is not mandatory. 

If the statement is sent by the Consumer electronically, the Service Provider will immediately send to the Consumer at the e-mail address provided confirmation of receipt of the statement of withdrawal from the Contract.

Consequences of withdrawal from the Contract: 

The Service Provider shall return to the Consumer immediately, no later than 14 days from the date of receipt of the statement of withdrawal from the Agreement, all payments made, using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not incur any costs for him, with the proviso of letter c below;

In the event of withdrawal from the contract, the contract is considered not concluded.

The Consumer is obliged to pay for the services provided until the declaration of withdrawal from the contract, if he/she has previously made a request for the Service Provider to begin providing services before the expiration of the deadline for withdrawal from the contract.

If the Service Provider has not delivered the digital service, the Consumer shall call on the Service Provider to deliver it. If the Service Provider fails to deliver the digital service immediately or within an additional period of time expressly agreed upon by the parties, the Consumer may withdraw from the Access Agreement and the Service Agreement.

The Consumer may withdraw from a contract without calling for delivery of digital service if:

it is clear from the Service Provider’s statement or circumstances that he will not deliver the digital service, or

the Consumer and the Service Provider agreed or it is clear from the circumstances of the conclusion of the Access Agreement or the Service Agreement that a certain date for the delivery of the digital service was of significant importance to the Consumer, and the Service Provider failed to deliver it within that date.

If the consumer fails to install the updates provided by the Service Provider within a reasonable time, the Service Provider shall not be liable for the non-conformity of the digital service with the Access Agreement or Service Agreement resulting solely from the failure to install the update, if: he informed the consumer about the update and the consequences of not installing it and the failure to install or improper installation of the update was not due to errors in the installation instructions provided by the Service Provider.

The Service Provider shall be liable for the non-conformity with the Service Agreement or Access Agreement, which occurred or became apparent at the time when, according to the agreement, they were to be delivered. The non-conformity of the digital service with the Access Agreement or Service Agreement is presumed to have occurred at that time if it became apparent at that time. The aforementioned presumption do not apply if:

the Consumer's digital environment is not compatible with the technical requirements of which the Service Provider informed him in a clear and understandable manner prior to the conclusion of the Access Agreement or Service Agreement;

the Consumer, informed in a clear and understandable manner prior to the conclusion of the Access Agreement of the obligation to cooperate with the Service Provider, to a reasonable extent and with the least burdensome technical means, in order to determine whether the incompatibility of the digital service with the Access Agreement or Service Agreement in a timely manner is due to the characteristics of the Consumer's digital environment, does not perform this obligation.

If the digital service is not in conformity with the Access Agreement or Service Agreement, the Consumer may demand to bring it into conformity with the agreement. The Service Provider may refuse to bring the digital service into conformity with the Access Agreement or Service Agreement if bringing the digital service into conformity with the agreement is impossible or would require excessive costs for the Service Provider. In assessing the excessive costs for the Service Provider, all circumstances of the case shall be taken into account, in particular the importance of the non-conformity of the digital service with the agreement and the value of the digital service conforming to the agreement. The Service Provider shall bring the digital service into conformity with the Access Agreement and/or Service Agreement within a reasonable time from the moment the Service Provider is informed by the Consumer of the lack of conformity with the Access Agreement or Service Agreement, and without undue inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The cost of bringing the digital service into conformity with the agreement shall be borne by the Service Provider.

If the digital service is not in conformity with the Access Agreement or Service Agreement, the Consumer may make a declaration to reduce the price or withdraw from the agreement when:

bringing the digital service into conformity with the agreement is impossible or requires excessive costs pursuant to point 11 above;

the Service Provider has failed to bring the digital service into conformity with the agreement in accordance with point 11 above;

the non-conformity of the digital service with the agreement continues even though the Service Provider has attempted to bring the digital service into conformity with the agreement;

the lack of conformity of the digital service with the agreement is so significant that it justifies either a price reduction or cancellation of the agreement without first taking advantage of the measure of protection set forth in point 11 above;

it is clear from the Service Provider's statement or circumstances that it will not bring the digital service into conformity with the agreement within a reasonable time or without undue inconvenience to the Consumer.

The reduced price must be in such proportion to the price under the Access Agreement or Service Agreement as the value of the digital service that does not conform to the agreement remains to the value of the digital service that does conform to the agreement. The price reduction must take into account the time during which the digital service remained inconsistent with the Access Agreement or Service Agreement.

The Consumer may not withdraw from the Access Agreement if the digital service is provided in exchange for the payment of a price, and the lack of conformity of the digital service with the agreement is immaterial. The failure of the digital service to conform to the agreement is presumed to be material.

After withdrawal from the Access Agreement, the Service Provider may not use content other than personal data provided or created by the Consumer during the use of the digital service provided by the Service Provider, except from the content that:

is useful only in connection with the digital service that was the subject of the agreement;

relate exclusively to the Consumer's activity in the course of using the digital service that constituted the subject of the Access Agreement or Service Agreement;

has been combined by the Service Provider with other data and cannot be disconnected without undue difficulty;

was produced by the Consumer jointly with other Consumers who can still use it.

The Service Provider shall make available to the Consumer, at his request and at his expense, within a reasonable time and in a commonly used format, the content produced or provided by the Consumer in the course of using the digital service, other than personal data, with the exception of the content referred to in point 15.

The Service Provider is not entitled to claim payment for the time during which the digital service was not in conformity with the Access Agreement, even if the Consumer actually used it before withdrawing from the agreement.

The Service Provider shall be obliged to refund the price only to the part corresponding to the digital service that is not in conformity with the Access Agreement or Service Agreement and the digital service, the obligation to provide which has fallen due to withdrawal from the agreement.

The Service Provider is obliged to refund to the Consumer the price due as a result of exercising the right of withdrawal or price reduction immediately, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the agreement or price reduction.

The Service Provider shall refund the price using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for him.

The Consumer has the right to refer the case to the competent court of his/her choice, including the court with jurisdiction over his/her place of residence. The Consumer may also bring a case in the first instance to the competent consumer protection organization in the service area or the competent national or EU tribunal/body for the settlement of consumer disputes. For Consumers who are EEA residents - you can go to https://ec.europa.eu/consumers/odr to use online tools for out-of-court dispute resolution.

SERVICE AGREEMENT

Service Provider, through the Website and the App, shall provide electronic services under the terms and conditions set forth in these Terms of Service, and in this regard, Users shall enter into the Service Agreement with the Service Provider.

The conclusion of Service Agreement occurs when the User enters the Website or App.

Each User, as soon as he/she undertakes activities aimed at using the Website or App, is obliged to familiarize himself/herself with these Terms of Service and comply with their provisions.

Service Agreement shall be valid for the duration of the User's use of the electronic service and shall expire upon the User's cancellation of the electronic service.

Establishing a Profile is not required to browse the Website and the Application limited to the scope available without establishing a Profile.

User shall not pay any additional fees to the Service Provider for connection to the Website or the Application.

User agrees to use the electronic services in accordance with applicable law, the provisions of the Terms of Service, and social and moral norms. If the User does not agree with any provision of the Terms of Service, then the User shall refrain from using the Website or the Application. 

User agrees not to use the Website nor App for illegal purposes. It is forbidden to post inappropriate content and content that violates public morals or good morals.

In order to use the Website and the electronic services offered through it, it is necessary to meet the following technical requirements: 

possession of a multimedia device with access to the Internet, 

installing the latest version of the browser, with Windows, Mac OS, iOS or Android operating system and with cookie support. 

In order to use the Application and the electronic services offered through it, it is necessary to meet the following technical requirements: 

possession of a multimedia device with Internet access, 

installing the latest version of the Application, with the Windows Phone, Android or iOS operating systems.

As part of the Profile registration on the Website and/or App, the User is required to complete the registration form, accept these Terms of Service in the dedicated field of the registration form and provide the following data:

Email address;

Data related to the designation of the entity for which the Profile is created, i.e.: the company name, the Club's registration numbers or the name of the Individual Customer;

Country of citizenship of the Individual Customer or country of residence of the Club.

The address of the registered office or place of residence;

Phone number;

Date of birth

Password. 

Until registration is completed, it may be discontinued at any time.

Completion of the registration may require clicking on the verification link sent to the User's e-mail address provided as part of the Profile registration

The User may delete his/her Profile at any time, which will result in the termination of the Service Agreement provided under the Profile.

The conclusion of a Service Agreement is not equivalent to the conclusion of an Access Agreement, which entitles you to paid access to the exclusive content of the Website and Application.

ADVERTISEMENTS

The Advertisements are posted by Customers that have concluded the Access Agreement which is in force.

Clubs may, for additional fee, publish featured Advertisements on the Website and/or in the App. Advertisements will be displayed on the first search pages of the Website/App, positioned ahead of non-featured Advertisements.

All elements of the Advertisement should be entered in English and in the Latin script.

Advertisements are intended to inform other Customers of:

the desire to acquire a particular Player on a definitive or temporary transfer basis;

the desire to release a particular Player on a definitive or temporary transfer basis;

the desire to establish cooperation with Coach;

the desire to establish cooperation with Scout;

the desire to be hired by a Club – if the person posting the Advertisement is an Individual Customer.

The Advertisement is not binding for the advertiser in the sense that the acceptance of the terms of the Advertisement by another Customer does not create an obligation between the advertiser and this Customer.

The Advertisements are published on the Website/App immediately after their posting by the Customer.

The Service Provider is not responsible for the content published by Customers in Advertisements.

The Customer may remove any Advertisement published by them at any time.

The Service Provider may at any time remove Advertisements the content of which is inconsistent with these Terms of Service, generally applicable provisions of the law or actual state. In case of removal of the Advertisement, the Customer which posted this Advertisement receives a notification indicating the reason for removal. In the event that the Customer considers the removal of the Advertisement as unjustified, the Customer may request its restoration.

NEWSLETTER

Customers may use the Newsletter service by submitting their e-mail address and selecting the relevant checkbox. The use of the Newsletter service is a free and voluntary decision of the Customer. Providing data as an e-mail address is voluntary, but necessary to subscribe to the Newsletter.

The Customer may at any time unsubscribe from the Newsletter by selecting the Unsubscribe button available in the footer of each e-mail sent in the form of a Newsletter by the Service Provider.

By means of the Newsletter, the Service Provider sends news related to the operation of the Website, App, the Service Agreement and the Access Agreement.

COMPLAINTS

Customers have the right to lodge a complaint in relation to the services provided by the Service Provider. Complaints should be submitted electronically to the e-mail address: office@321transfer.com or in a written form to the address: Lõõtsa tn 5, 11415 Tallinn.

When lodging a complaint the Customer must provide contact details in order to enable contact and submit a request.

If necessary, the Service Provider may request the Customer to supplement the complaint with information or documentation that is essential for proper processing of the complaint. The Customer shall, within 3 working days, supplement the complaint as requested. If the Customer fails to supplement the complaint within this time period, the Service Provider will process the complaint based on the facts and documents submitted with the complaint.

Service Provider recognizes a complete complaint within 14 days from the date of lodging a complaint and immediately informs the Customer about the decision made. If the Service Provider does not respond within the specified period, the complaint shall be considered accepted in full.

If the complainant is filed by Consumer, the provisions of the Terms of Service indicated in section V shall apply.

INTELLECTUAL PROPERTY RIGHTS

The Club uploads to the Website and/or App its logotype or other graphic signs used to identify the Club.

In the event that the Club fails to upload its own logotype to the Website/App, the Club automatically authorizes the Service Provider to download the Club’s logotype from the Club’s website or other reliable source and to upload said logotype to the Website/App. The Club guarantees that it owns the rights to graphic signs individualizing the Club placed on its official website.

By entering any content on the Website/App, the Club declares that it has the right to use and make available to the Service Provider that content, including but not limited to logotypes, photos and other graphic, word or combined word and figurative marks.

Insofar as it is necessary to ensure the high quality of services provided, the Club grants the Service Provider a royalty-free, territorially unlimited, including the right to sublicense, a non-exclusive license for the duration of the services hereunder to use its business name, graphic, word and combined word and figurative marks submitted for publication on the Website/App for the purpose of marketing activities for Advertisements and the Club’s Profile, as well as for the purpose of identifying the Club’s Profile, in the following fields of exploitation: reproduction, public reproduction and display and making available to the public within the Website and/or App. This license expires if the Club removes the licensed item from the Website/App or deletes its Profile.

The license referred to in previous point includes the right to use by the Service Provider elements listed therein for its own marketing purposes, in particular to publicly inform about established cooperation.

The content and information provided or made available by the Club on the Website/App is the property of the Club. With regard to the content covered by intellectual property rights, the Club grants the Service Provider a royalty-free, territorially unlimited, including the right to sublicense, a non-exclusive license for the duration of services hereunder to use such content in the following fields of exploitation: reproduction, public reproduction and display and making available to the public within the Website/App. This license expires if the Club removes the licensed content from the Website/App or deletes its Profile.

In the event that any third party makes claims against the Service Provider related to the use of intellectual or industrial property rights in connection with trademarks added by the Club or on behalf of the Club, the Club undertakes to indemnify the Service Provider and cover all claims made by third parties in the event they prove to be well founded.

The Service Provider reserves all intellectual property rights relating to the services provided, including the ownership of trademarks and logos used in connection with the services provided, except for the trademarks and logos of Clubs.

PLAYER INFORMATION

The Club may add information on the Website/App concerning Players playing for that Club.

In the event that Club does not include an image of a Player on the Website, the Service Provider is entitled to download the image from the official website of the Club and upload it to the Website/App. The Club declares that it has all the rights to upload the image of the Player to the Website/App and authorizes the Service Provider to do so. The Club may also authorize the Service Provider to enter other information regarding Players into the Website/App.

It is forbidden to enter on the Website/App any sensitive data concerning the Player or any other natural person, in particular data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

All the information about Players entered on the Website/App will be available for viewing by other Clubs that are parties to the Access Agreement.

The Club is obliged to obtain any legally required consent from the Player to make their personal data available before entering such data on the Website and to comply with the information obligations towards the Player regarding the data made public via the Website/App.

The foregoing does not prevent the entry or modification of information entered on the Website/App independently by the Player or any other Individual Customer.

PROCESSING OF PERSONAL DATA

The Club accepts that with regard to the personal data entered into the Website, the Service Provider processes the entrusted personal data on behalf of the Club and thereby the Club remains the controller of the entrusted personal data, whereas the Service Provider becomes the processor thereof.

Detailed provisions for the processing of personal data are included in the document entrusting the processing of personal data, available at this address.

The entity responsible for obtaining consents from persons whose personal data will be processed on the basis of an agreement concluded with the Service Provider is the Club.

In the case of Individual Customers, the Provider is the administrator of the personal data entrusted to it for processing in order to perform the contract and, possibly, on the basis of the User's consent. A detailed information clause regarding the processing of personal data is available at this address.

Detailed provisions regarding the processing of personal data by the Service Provider are included in Privacy Policy and Cookies available on the Website. The provisions of these Terms of Service shall be executed in compliance with the rules laid down in the abovementioned Privacy Policy and Cookies. 

LIMITATION OF LIABILITY

The Service Provider shall not be responsible for content posted by Users on the Website.

The Service Provider shall not be responsible for damage caused to third parties by the actions of the Consumer or the User contrary to the provisions of these Terms of Service or the law and for the actions of these entities in bad faith, in particular for conducting transfer negotiations in bad faith.

The Service Provider shall not be responsible for any disruptions in the operation of the Website/App of temporary interruption in the provision of services due technical reasons beyond the control of the Service Provider.

 CONTRACTUAL PENALTIES

In the event of providing false data during Profile registration, especially in case of attempts to impersonate any person or entity authorized to represent the Club or the Individual Customer, such person is obliged to pay a contractual penalty to Service Provider in the amount of 100.000,00 euro (one hundred thousand euro).

In the event of using the Profile to carry out hacker attacks, phishing, sending messages containing scam or spam, the owner of the Profile is obliged to pay a contractual penalty to the Service Provider in the amount of 100.000,00 euro (one hundred thousand euro).

In the event that the Profile is made available by the Customer to persons unauthorized to use the Profile, the Customer undertakes to pay to the Service Provider a contractual penalty in the amount of 100.000,00 euro (one hundred thousand euro).

Payment of contractual penalties shall not exclude the possibility to seek compensation in line with general conditions.

FINAL PROVISIONS

The law applicable to contracts concluded via the Website/App is the law of the Republic of Poland.

The competent courts for the resolution of disputes arising from the contract concluded between the Service Provider and the Club or the User shall be common courts located in the territory of the Republic of Poland.

These Terms of Service enter into force on 06.08.2024.

Contact with the Club in current matters is carried out by means of distance communication, in particular by e-mail indicated by the Club.

The Service Provider reserves the right to change the Terms of Service, to which the Customer agrees. The Terms of Service may be modified when: 1) the Service Provider expands the scope of its activities and services provided; 2) there is a need to adapt the scope of services provided or the provisions of the Terms of Use to changes in law, technology or other significant circumstances in the world of sports or technology; 3) the change results from the need to adapt the Terms of Use to recommendations, orders, rulings, provisions, interpretations, guidelines or decisions of authorized public administration bodies or courts; 4) the change is aimed at improving the service or improving the quality of services provided; 5) the change is aimed at improving the security of services provided; 6) the change is aimed at preventing abuse of services provided; 7) there is a change in applicable taxes, including the rate of value added tax (VAT) applicable to services offered by the Service Provider; 8) merger or acquisition of companies involving the Service Provider, requiring reorganization of its business operations. The Service Provider shall give prior notice to the Customers of any change to the Terms of Service by posting relevant information on the Website/App and sending a message directly to the Customers via e-mail, at least 14 days in advance of the effective date of the change. Consent to the changes in the Terms of Service must be confirmed by selecting the checkbox on the first visit to the Website/App after the Service Provider provides a notification about the change. In the event of absence of such consent, the Service Agreement is performed on the existing terms and the changes shall enter into force upon its renewal. 

The Service Provider reserves the right to change the digital service if the change is not necessary to maintain service compliance with the Access Agreement or Service Agreement. The Service Provider may make changes to the digital service if: 1) the Service Provider expands the scope of its activities and services provided; 2) there is a need to adapt the scope of services provided or the provisions of the Terms of Use to changes in law, technology or other significant circumstances in the world of sports or technology; 3) the change results from the need to adapt the Terms of Use to recommendations, orders, rulings, provisions, interpretations, guidelines or decisions of authorized public administration bodies or courts; 4) the change is aimed at improving the service or improving the quality of services provided; 5) the change is aimed at improving the security of services provided; 6) the change is aimed at preventing abuse of services provided; 7)

In the event that any provision of the Terms of Service is found to be automatically void or ineffective, such circumstances shall not affect the validity and effectiveness of the remaining provisions