Terms & Conditions
MOONRISE TERMS AND CONDITIONS
Our complete terms and conditions are contained below, but some important points for you to know before you become a user are set out below:
Platform: A description of our platform is available on our website.
Fees: If you choose to book any services through our platform, the inclusions and fees will be listed on our platform and be confirmed at the time you check out and make a booking.
Term: Your access to the platform will continue from the date you make an account until the date you cease using the platform or these Terms are terminated.
Our contact details:
Moonrisesports Ltd, a company registered in England and Wales, with company registration number 12597959
Phone number: 07547761033
Geographical address: 9 Evesham road B495LQ
Nothing in these terms limit your rights at law.
What these Terms cover: These Terms contain the terms and conditions on which we supply the Platform to you, whether the Platform comprises of services and/or digital content. Please read these Terms carefully before you accept these Terms. These Terms tell you who we are, how we will provide the Platform to you, how you and we may change or end these Terms, what to do if there is a problem with the Platform and other important information.
How to contact us: If you think that there is a mistake in these Terms or require any changes to these Terms, please contact us to discuss (using our contact details above).
How to tell us about problems: If you have any questions or complaints about the Platform, please contact us to discuss (using our contact details above). You can telephone our customer service team or write to us by email.
These terms and conditions (Terms) are entered into between Moonrisesports Ltd, a company registered in England and Wales, with company registration number 12597959 (we, us or our) and you, together the Parties and each a Party.
We provide a platform where sports fans (Fans) and sports stars, professional sports clubs and sports stars’ agents (Sports Professionals) can connect, interact and transact (Platform).
In these Terms, you means (as applicable) the person, organisation or entity registered with us as either a Fan or Sports Professional or the individual accessing or using the Platform.
If you are using the Platform on behalf of your employer, a business entity, or a sports club, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer, the business entity or sports club to bind the organisation and the organisation’s personnel to these Terms.
Acceptance and Platform Licence
You accept these Terms by accepting these Terms on the Platform.
You must be at least 18 years old to use the Platform (unless you have consent from your parent or guardian).
We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment and it adversely affects your rights, you may cancel your Account by providing written notice to us. If you cancel your account as a result of us changing these Terms: (1) you will no longer be able to use the Platform on and from the date of cancellation, and (2) if you have paid fees upfront, you will be issued with a refund for such fees.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including: (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal data without an individual's consent) or any other legal rights; (2) using the Platform to defame, harass, threaten, menace or offend any person; (3) using the Platform for unlawful purposes; (4) interfering with any user of the Platform; (5) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses); (6) using the Platform to send unsolicited electronic messages; (7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or (8) facilitating or assisting a third party to do any of the above acts.
You must register on the Platform and create an account (Account) to access the Platform’s features.
You may only have 1 Account as a Fan and Sports Professional on the Platform.
You must provide basic information when registering for an Account including, your name and email address, and where you are registering as a Sports professional, additional information such as your club name and sport, and you must choose a password. As a Sports Professional, you must link your Stripe merchant account to your Account before you may start accepting bookings. Any display name you choose must not (1) be offensive or in other ways insulting; or (2) contain characteristics which belong to a third party, including names of famous sports stars, sports clubs or personal names to which you do not own the rights or are otherwise misleading.
Once you have registered an Account, your Account information will be used to create a profile which you may then curate. You may also link your profile to an existing club in the Platform.
You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.
You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
If you are a Sports Professional, we may review your request for an Account before approving the request. We will verify your identity via your social media handle. We may also request other additional information. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, or you are not the person or club you claim to be, we may refuse to provide you with an Account, in our sole discretion.
The Platform is a website where Fans can purchase services from Sports Professionals, including: (1) pre-recorded messages from sports stars; (2) video and/or audio conversations with sports stars; (3) coaching analysis and feedback from sports stars; and (4) sports masterclasses.
We provide the Platform to users (including hosting and maintaining the Platform), process payments between Fans and Sports Professionals, and also, from time to time, may run competitions through the Platform (together, the Moonrise Services). You understand and agree that we only make available the Moonrise Services. We are not a party to any agreement entered into between a Fan and a Sports Professional and we have no control over the conduct of Fans, Sports Professionals (or any of their sports stars), or any other users of the Platform.
We agree to provide the Platform and the Moonrise Services in accordance with these Terms and all applicable laws, using reasonable care and skill.
A Sports Professional wanting to provide services creates an Account on the Platform and tailors their profile by selecting which services they would like to provide, and fills in the relevant description of the services they wish to provide, including the fees for the services and which sports stars will be featuring in their content (Product Fees) and available times for each service they are offering (Product Offering).
A Fan wanting to book services creates an Account on the Platform to view and browse Product Offerings.
A Fan may request to book the services offered by a Sports Professional by sending a request through the Platform. The request is an offer from the Fan to the Sports Professional to book the services described in the Sports Professional’s profile (Booking Request).
Subject to clause 5.8, if the Sports Professional accepts the Booking through the Platform, it becomes a Confirmed Booking.
All Booking Requests for sports masterclasses will be deemed to be accepted by the Sports Professional immediately, and the Fan will receive email confirmation and the Booking Request will become a Confirmed Booking.
Sports Professionals must include all additional terms and conditions relating to their services in the relevant Product Offering or must clearly state that there are additional terms and conditions. By sending a Booking Request, a Fan is accepting the additional terms and conditions of the relevant Sports Professional.
As a Fan, you agree to pay (and your chosen payment method will be charged) the Product Fees at the time you make a booking. Part of the Product Fee will be donated to charity, as set out on the Platform (Charity Donation).
In consideration for providing the Platform, we will charge the services fees (including any third-party payment processing fees) to the Sports Professional as set out on the Platform (Service Fee). The Service Fee and Charity Donation will be deducted from the Product Fees, and will be paid to us at the same time as the Fan pays the Product Fees through the Platform.
Upon receipt of the Product Fees from the Fan, our third party payment processor, currently Stripe, will hold the Product Fees minus our Service Fee and Charity Donation until such time as the Sports Professional has completed the services in the Confirmed Booking, or until such time as the Product Fees are refunded to the Fan (if the Fan is entitled to a refund in accordance with these Terms). At this time, we will deposit the relevant fees into the Sports Professional’s wallet in their Moonrise Account. Once a Sports Professional’s wallet has reached a value of £100, they will be able to withdraw the funds from their Moonrise Account. If a Sports Professional wishes to withdraw the funds from their wallet at an earlier time, they should contact us using the details at the beginning of these Terms and we will be able to action this for you.
The payment methods we offer for the Product Fees are set out on the Platform. You acknowledge and agree that we have no control over the actions of any third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
You must not pay, or attempt to pay, the Product Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Platform.
We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
Refunds and Cancellation Policy
Sports Professionals agree to comply with their obligations as a supplier under the Consumer Rights Act 2015, and there may be situations where Fans are entitled to various consumer rights, including a cooling off period, that the Sports Professional must comply with.
The cancellation, rescheduling or refund of any Product Offering ordered on this Platform is a matter between the relevant Fan and Sports Professional, subject to the following clauses.
If: (1) a Fan and Sports Professional mutually agree to cancel a Confirmed Booking; or (2) following reasonable attempts by a Fan to contact a Sports Professional for the Sports Professional to fulfil the Confirmed Booking; or (3) a Sports Professional does not show up to a Confirmed Booking or cancels a Confirmed Booking, the Confirmed Booking is cancelled; and (4) we are satisfied that the Product Fees should be returned to the Fan, we will return the Product Fees to the Fan. The Service Fee (and the Product Fee if it has already been paid to the Sports professional) for the refunded Confirmed Booking shall be a debt due and payable by the Sports Professional to us, and we may deduct this Service Fee (and Product Fee if applicable) from any future Product Fees payable to the Sports Professional.
For disputes between Fans and Sports Professionals, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
This clause will survive the termination or expiry of these Terms.
If we choose to conduct identity verification or background checks on any Sports Professional, any verification of Sports Professionals on the Platform is not an endorsement or recommendation that the Sports Professional is trustworthy or suitable. You should do your own due diligence before booking services with a Sports Professional.
Content you upload or share
Fans are permitted to post, upload, publish, stream, record, film, submit or transmit relevant information and content (User Content) on the Platform.
All User Content is owned by the Account holder that created it.
If you make any User Content available on or through the Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform, as contemplated by these Terms. You may request that any of your User Content is removed from the Platform by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
This clause will survive the termination or expiry of these Terms.
All intellectual property (including copyright) in any intellectual property developed, adapted, modified or created by us or our personnel (including in connection with the Terms and any content on the Platform) (Our Intellectual Property) will at all times vest, or remain vested, in us.
We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
Sports Professionals are permitted to post, upload, publish, stream, record, film, submit or transmit relevant information and content, including pre-recorded digital content, live videos and masterclasses (Sports Professional Content) on the Platform.
As between Sports Professionals and us, ownership of all Intellectual Property Rights in any Sports Professional Content, will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such Intellectual Property Rights in any Sports Professional Content does not automatically vest in us, the Sports Professional agrees to do all things necessary or desirable to assure our title to such rights. We grant Sports Professionals a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence, for the duration of the Term, to use the Sports Professional Content, solely for the purpose of supplying its Product Offerings through the Platform. If a Sports Professional or any of their personnel have any Moral Rights in any Sports Professional Content, the Sports Professional agrees to (and agrees to ensure that its personnel) waive those Moral Rights and waive all rights to object to derogatory treatment of such material.
To the extent a Fan purchases any Sports Professional Content through the Platform, we grant Fan a personal, limited, non-exclusive, royalty-free, revocable, non-transferable licence to use the Purchased Content, for their personal, non-commercial use, as contemplated by the Product Offering.
You agree that you are solely responsible for all User Content and Sports Professional Content (as applicable) (together, Content) that you make available on or through the Platform. You represent and warrant that: (1) you are either the sole and exclusive owner of all Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such Content (as contemplated by these Terms); and (2) neither the Content nor the posting, uploading, publication, submission or transmission of the Content or our use of the Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights (including any sports stars or other personnel you involve in your Product Offerings or any Sports Professional Content), or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Except to the extent required for a Sports Professional to supply their Product Offerings through the Platform, you must not, without our prior written consent: (1) copy or record, in whole or in part, any of Our Intellectual Property or any Sports Professional Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, share or circulate any of Our Intellectual Property or any Sports Professional Content to any third party; or (3) breach any Intellectual Property Rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property or any Sports Professional Content to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property or any Sports Professional Content. For the avoidance of doubt, unless otherwise agreed between the Parties, Sports Professionals may not use Sports Professional Content for any reason other than supplying their Product Offering through the Platform.
This clause will survive the termination or expiry of these Terms.
You represent, warrant and agree that: (1) you will not request (if you are a Fan) or fulfill a request (if you are a Sports Professional) for any content is: (i) the subject of any criminal action; (ii) that is connected with or promotes any illegal or unlawful activity, violence or hate speech; and/or (iii) disparages or defames any person, sports club, organisation, entity, brand, or business; (2) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business; (3) there are no legal restrictions preventing you from entering into these Terms; (4) all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and (5) where you are a Sports Professional, (1) you are responsible for complying with all laws (including data protection laws and consumer rights laws (including any cooling off periods)), rules and regulations which apply to providing the services in your Product Offerings; (2) you will not create any Sports Professional Content that is abusive, harassing, bullying, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, sexually explicit, profane, obscene, or otherwise objectionable (including nudity); (3) you (or any star you are representing) will attend all Confirmed Bookings in a punctual manner; and (4) to the extent that you represent any sports stars or commit to involving any of your personnel in your Product Offerings or any Sports Professional Content, you have their permission to do so, and you are responsible for all acts and omissions of any such third parties.
Limitations on liability
Neither Party may benefit from the limitations and exclusions set out in this clause 12 in respect of any liability arising from its deliberate default.
The restrictions on liability in this clause 12 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.
Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for: (1) death or personal injury caused by negligence; (2) fraud or fraudulent misrepresentation; (3) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and (4) defective products under the Consumer Protection Act 1987.
This clause 12.4 applies to the extent that the Platform (or any content) is considered digital content. If the Platform is defective and it damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with any aspect of the Fan and Sports Professional interaction including the services offered by the Seller, the description of the services offered, any advice or coaching provided, the performance of services or the quality of any interactions between a Fan and Sports Professionals.
Subject to clauses 12.1 (no limitation in respect of deliberate default), 12.4 (damage caused by defective digital content) and 12.3 (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law, to the extent you use the Platform as a Fan: (1) we only supply the Platform to you for domestic and private use. If you, as a Fan, use the Platform for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity; and (2) if either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
Subject to clauses 12.1 (no limitation in respect of deliberate default), clause 12.4 (damage caused by defective digital content) and 12.3 (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law, to the extent you use the Platform as a Sports Professional: (1) you agree to indemnify us for any Liability we incur due to your breach of these Terms; (2) neither Party will be liable for any Consequential Loss; and (3) our aggregate liability for any liability arising from or in connection with these Terms will be limited to us resupplying the Moonrise Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the relevant Moonrise Services to which the Liability relates.
We have given commitments as to the compliance of the Platform with these Terms and applicable Laws in clause 5.3. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.
This clause will survive the termination or expiry of these Terms.
Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. Your cancellation will take effect immediately.
These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if: (1) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party (including where you are a Sports Professional and you repeatedly show up late, or miss, Confirmed Bookings); or (2) the Defaulting Party is unable to pay its debts as they fall due.
Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.
Upon expiry or termination of these Terms: (1) we will remove your access to the Platform and your Account will be deleted; (2) we will immediately cease providing the Moonrise Services; (3) where you are a Fan, we will cancel any existing Confirmed Bookings and you will lose any Product Fees and other amounts paid other than where termination is due to our termination for convenience, in which case the Product Fees will be refunded to you; (4) where you are a Sports Professional, we will cancel any existing Confirmed Bookings and refund the relevant Fans in accordance with the Refunds and Cancellation Policy clause; and (5) where we terminate the Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.
Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Product Fees on a pro-rata basis.
Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
This clause will survive the termination or expiry of these Terms.
Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
Disputes: Dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Where you are a Fan and you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Law Society of the United Kingdom via their website at https://www.lawsociety.org.uk/en. The Law Society of the United Kingdom will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are a Sports Professional, if we and you cannot agree how to resolve a Dispute between us, a Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
Entire Terms: Subject to any of your consumer law rights, these Terms contain the entire understanding between the Parties contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersede and extinguish all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, whether written or oral, in respect of its subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their/your obligations under it.
Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Publicity: You agree that we may advertise or publicise the broad nature of our supply of the Moonrise Services to you, including on our website or in our promotional material.
Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us.
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, business names, get-up, goodwill, domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means, for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future, including in respect of Intellectual Property.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
Moral Rights means any moral rights, including those conferred by Chapter IV of the Copyright, Designs and Patents Act 1988.
Last updated: 27 March 2023