TERMS OF SERVICE
Fédération Internationale de Football Association (FIFA)
FIFA-Strasse 20
8044 Zurich
Switzerland
The Fédération Internationale de Football Association (“FIFA”, “We”, “Our”) is pleased to provide you with its transfer matching system help center, accessible at the URL address XXX (“TMS Help Center”). The following Terms of Service and any documents referred to herein (“Terms”) apply to the TMS Help Center.
The TMS Help Centre is a central resource for users of FIFA Transfer Matching System (TMS), providing guidance, support, and information on the processing of international player transfer.
1. ACCEPTANCE OF TERMS
1.1 By registering, accessing and using the TMS Help Centre as a registered user (“User”, “You”, “Yourself”, “Your”), You agree to be bound by these Terms, which You acknowledge to have read and understood.
1.2 We reserve the right, at Our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms at URL address XXX on a regular basis to keep Yourself informed of any changes.
1.3 By using the TMS Help Center, You agree that the posting of new or revised Terms on or within the TMS Help Centre shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the TMS Help Centre after any such changes or after explicitly accepting the new Terms upon logging into the TMS Help Centre shall constitute Your acceptance of such changes.
2. YOUR REGISTRATION OBLIGATIONS
2.1 The access and use of the TMS Help Centre requires to be a registered user. By registering, You acknowledge and certify that: (i) You are eligible for an account as set forth in these Terms; and (ii) the information You include as part of the registration process is accurate and not misleading. Accounts may only be obtained and used by: (i) individuals who are at least eighteen (18) years old or of legal age in their country of residence, if such age exceeds eighteen (18); or (i) individuals with the right and authority to act on behalf of an organisation or entity for the purposes of accessing and using the TMS Help Center.
2.2 In respect of Your use of the TMS Help Center, You hereby agree to: (i) provide true, accurate, current and complete information about Yourself, as prompted by the registration form (“Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide, or FIFA has reasonable grounds to suspect that You have provided, any information that is untrue, inaccurate, not current or incomplete, or FIFA otherwise reasonably considers that You have failed to comply with any provisions of these Terms, FIFA has the right to suspend or terminate Your account and refuse You any and/or all current or future use of the TMS Help Centre (or any portion thereof).
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
3.1 Access to the TMS Help Centre is granted to Permitted Users solely by FIFA. Each Permitted User is authenticated through Microsoft Entra ID using Single Sign-On ("SSO"). You will access the TMS Help Centre using the credentials associated with Your organisation or FIFA-issued Entra ID account. FIFA does not issue, manage, or control Your password, which is governed exclusively by Your identity provider in accordance with their applicable policies.
3.2 You hereby acknowledge and agree that You are fully responsible for:
- maintaining the confidentiality and security of Your Entra ID credentials;
- all activities that occur under Your account on TMS Help Center; and
- ensuring that You sign out of Your account at the end of each session.
3.3 Any issues relating to credential management, password reset, or identity verification must be directed to Your relevant identity provider or IT administrator. FIFA has no ability to reset or recover Your Entra ID credentials on Your behalf.
FIFA may, in its sole discretion, including if You breach these Terms, with or without prior notice and at any time: (i) terminate Your access (whether restricted or not) to the TMS Help Center, in whole or in part; and/or (ii) deactivate or delete any of Your accounts and all related information. For purposes of clarity, Your access to Content (as defined below) might also be terminated at FIFA’s sole discretion of if You breach these Terms.
4. INTELLECTUAL PROPERTY AND CONTENT
(i) Intellectual Property of FIFA
4.1 FIFA and its licensors own the copyright and all intellectual property rights in and to the TMS Help Center, and to all information, data, text, software, music, sound, photographs, graphics, videos, messages, feeds offered through the TMS Help Centre (“FIFA feeds”), the application programming interface (“FIFA API”), the education and pedagogic materials and any other material on the TMS Help Centre (together the “Content”). The TMS Help Centre includes Content provided by FIFA
5. USE OF TMS HELP CENTRE AND CONTENT
5.1 Content may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes than for accessing and using it on the TMS Help Centre save as permitted pursuant to Section 5.2 below. For that sole and exclusive purpose, FIFA grants You a limited, revocable, non-exclusive licence to access the TMS Help Centre and use the Content strictly for the purpose of using the TMS Help Centre privately for non-commercial purposes, in accordance with these Terms. FIFA and/or its licensors reserve all rights on the TMS Help Centre and the Content. Any use of the Content for a non-private or commercial purpose will expose the User to civil or criminal proceedings.
5.2 You are not permitted to use any FIFA, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights holder. Any request to use FIFA Marks (as defined in Section 6 below) should be submitted to www.fifadigitalarchive.com.
5.3 You are not authorised to: i) establish any link between the TMS Help Centre and any website or mobile application, or ii) to include the TMS Help Centre in the frame of another website. FIFA reserves the right to require You at any time to remove any link to the TMS Help Centre at any time
5.4 You acknowledge that unless You have obtained prior written consent from FIFA, You are not permitted to use any area of the TMS Help Centre (either directly within the TMS Help Centre or by linking to other sites) for any commercial purposes, such as by prospecting clients, selling or offering for sale any services or product.
5.5 You acknowledge that You may not use any robots, spiders or other automated programmes or manual processes in connection with Your use of the TMS Help Centre in order to manipulate or circumvent their intended functionality, particularly in relation to the availability, purchase, sale and resale of tickets and/or ticket-related products.
6. FIFA MARKS
FIFA, the FIFA logo, the emblems and mascots of FIFA events and other FIFA logos, FIFA event marks and product and service names are trademarks and copyright material of FIFA (the “FIFA Marks”). You agree not to display or use the FIFA Marks, the Content or any other intellectual property owned or controlled by FIFA in any other manner without FIFA’s prior written consent.
7. COPYRIGHT INFRINGEMENTS
FIFA respects the intellectual property of others. If You believe that any of Your intellectual property rights have been infringed on the TMS Help Center, please provide FIFA with the following information: name, last name, address, email address, type and extent of infringement (date, time, etc.) via the contact form at https://www.fifa.com/about-fifa/organisation/contact-fifa.
8. MODIFICATIONS AND INTERRUPTIONS
FIFA reserves the right at any time to modify or discontinue, temporarily or permanently, the TMS Help Centre and Content (or any part thereof) with or without notice. You hereby agree that FIFA shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the TMS Help Centre and/or Content. Although FIFA will take reasonable care in ensuring that the TMS Help Centre and Content are up to date, they may be out of date at any given time, and FIFA is under no obligation to update them.
9. DATA PROTECTION POLICY
By accessing or using the TMS Help Center, or submitting Your personal information to the TMS Help Center, You agree to FIFA’s use of such data in accordance with the FIFA Data Protection Policy set out at URL to be added (“Data Protection Policy”).
10. DISCLAIMERS
10.1 IF YOU ACCESS AND USE OUR TMS HELP CENTER, YOU DO SO AT YOUR SOLE RISK. THE TMS HELP CENTRE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIFA EXPRESSLY DISCLAIMS, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED IN CONNECTION THEREWITH, INCLUDING, AND WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
10.2 FIFA MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE TMS HELP CENTRE AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE TMS HELP CENTRE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TMS HELP CENTRE OR CONTENT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, OBTAINED BY OR AVAILABLE TO YOU THROUGH THE TMS HELP CENTRE OR CONTENT WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
10.3 DOWNLOADING OR OBTAINING ANY MATERIAL THROUGH THE USE OF THE TMS HELP CENTRE OR CONTENT SHALL BE DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY SUCH MATERIAL.
10.4 COMMENTARY AND OTHER MATERIALS POSTED BY FIFA ON THE TMS HELP CENTRE AND CONTENT ARE NOT INTENDED TO BE CONSIDERED TO BE RELIABLE ADVICE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIFA, OR THROUGH OR FROM THE TMS HELP CENTRE AND CONTENT SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS, AND FIFA DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED UPON SUCH MATERIALS BY ANY VISITOR TO THE TMS HELP CENTRE OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS SERVICES OR CONTENT.
11. INDEMNIFICATION
You hereby agree to indemnify and hold FIFA and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including, and without limitation, reasonable legal fees, that may arise in connection with: (i) Your use of and access to the TMS Help Centre or Content, , as well as Your connection to the TMS Help Centre or Content; (ii) Your failure to comply with any provision of the Terms; or any other use of the TMS Help Centre or Content by You infringes any intellectual property, other proprietary or privacy rights of such third party or has otherwise caused damage to a third party.
12. LIMITATION OF LIABILITY
12.1 You expressly acknowledge and agree that FIFA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FIFA has been advised of the possibility of such damages) regardless of the form of action, whether in contract, tort, strict liability or otherwise, including, without limitation, in relation to: (i) the use of or the inability to use the TMS Help Centre or Content; (ii) the cost of the procurement of substitute goods and services incurred through any goods, data, information or services being purchased or obtained, messages received or transactions entered into through or from the TMS Help Center; (iii) unauthorised access to, or alteration of, Your transmissions of data; (iv) statements or the conduct of any third party on the TMS Help Centre or Content; (v) the impact of the TMS Help Centre or Content and any of the TMS Help Centre or Content linked to them and any materials posted on them; or (vi) any other matter relating to the TMS Help Centre or Content.
12.2 You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the TMS Help Centre or Content, must be filed within one (1) year of such claim or cause of action.
13. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations under Sections 12 and 13 may not apply to You, although they shall apply to the maximum extent permitted by law.
Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud by FIFA or any other liability (e.g. for intent or gross negligence), which cannot be excluded or limited under applicable law.
14. GENERAL INFORMATION
14.1 In the event that the provisions of these Terms conflict with the provisions of third-party terms of service on the TMS Help Center, the provisions of these Terms shall prevail.
14.2 Any failure by FIFA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
14.3 If any provision of the Terms is found to be invalid, the parties nevertheless agree that the parties' intentions, as reflected in the provision, shall be given effect to the fullest extent practicable, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
14.4 You may not assign or transfer any of Your rights or obligations, or subcontract the performance of any of Your obligations, under these Terms. FIFA may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms to any third party at any time without Your consent.
14.5 The Terms and the relationship between You and FIFA shall be governed by the substantive laws of Switzerland. All disputes in connection with these Terms are to be resolved by the Court of Commerce (Handelsgericht) in Zurich.
14.6 These Terms have been drafted in English and have been translated into other languages. In the event of any discrepancy between the English and the translated texts, the English text shall prevail and be used to solve doubts of interpretation.
15. VIOLATIONS
Please report any violations of the Terms to FIFA via the online contact form located at: https://www.fifa.com/about-fifa/organisation/contact-fifa.
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