Terms of Use

1. Acceptance of Terms

Welcome to Kiwitide. These Terms of Use ("Terms") constitute a legally binding agreement between you and Kiwitide ("we," "our," or "us") governing your access to and use of our website, services, and related content. By accessing or using our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree with any part of these Terms, you must discontinue use of our services immediately. We reserve the right to modify these Terms at any time, and your continued use of our services following any changes constitutes acceptance of the modified Terms.

2. Description of Services

Kiwitide provides an informational platform dedicated to football transfer market analysis, player valuations, and related content. Our services include:

• Access to transfer market information and analytics
• Player valuation data and insights
• News and updates about football transfers
• Educational content about the transfer market ecosystem
• Newsletter subscriptions and updates
• Contact and inquiry submission capabilities

Our services are provided for informational and educational purposes only. We do not facilitate actual transfers, represent players or clubs, or provide professional advisory services.

3. User Eligibility and Account Responsibilities

By using our services, you represent and warrant that:

• You are at least 18 years of age or have reached the age of majority in your jurisdiction
• You have the legal capacity to enter into binding contracts
• All information you provide is accurate, current, and complete
• You will maintain the accuracy of such information
• Your use of our services complies with all applicable laws and regulations

You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breach.

4. Intellectual Property Rights

4.1 Our Content

All content, features, and functionality on our platform, including but not limited to text, graphics, logos, images, data compilations, software, and the compilation thereof (collectively, "Content"), are the exclusive property of Kiwitide or our licensors and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for personal, non-commercial purposes. This license does not include any right to:

• Modify, reproduce, distribute, or create derivative works from our Content
• Use our Content for commercial purposes without explicit written permission
• Remove or alter any copyright, trademark, or other proprietary notices
• Use automated systems or software to extract data from our platform (scraping)
• Reverse engineer, decompile, or disassemble any aspect of our services

4.3 Trademarks

Kiwitide and our logo are trademarks owned by us. Other trademarks, service marks, and trade names appearing on our platform are the property of their respective owners. Nothing in these Terms grants you any right to use our trademarks or those of third parties.

5. User Conduct and Prohibited Activities

When using our services, you agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Provide false, misleading, or inaccurate information
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the operation of our services or servers
• Attempt to gain unauthorized access to any portion of our platform
• Use our services to transmit viruses, malware, or other harmful code
• Engage in any activity that could damage, disable, or impair our services
• Collect or harvest personal information about other users
• Use our services for any illegal or unauthorized purpose
• Spam, harass, or send unsolicited communications to other users
• Engage in any activity that violates the privacy rights of others

6. Information Accuracy and Disclaimers

6.1 Information Accuracy

While we strive to provide accurate and up-to-date information about football transfers and player valuations, we make no representations or warranties regarding the accuracy, completeness, or reliability of any information on our platform. Transfer market data is inherently dynamic and subject to rapid changes.

6.2 No Professional Advice

The information provided on our platform is for general informational and educational purposes only and should not be construed as professional, financial, legal, or other advice. You should not rely solely on information from our platform for making important decisions. We recommend consulting with qualified professionals for specific advice tailored to your circumstances.

6.3 Third-Party Content

Our platform may reference or link to third-party websites, platforms, or sources. We do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party sites or services. Your interactions with third parties are solely between you and such third parties.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Kiwitide and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption
• Personal injury or property damage
• Loss of goodwill or reputation

This limitation applies regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

8. Indemnification

You agree to indemnify, defend, and hold harmless Kiwitide and its officers, directors, employees, agents, affiliates, and partners from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Any content or information you submit or transmit through our services

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

9. Modifications to Services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We may also impose limits on certain features or restrict access to parts or all of our services without liability. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

10. Termination

We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent, abusive, or illegal activity
• Violation of intellectual property rights
• Extended periods of inactivity
• Requests by law enforcement or government agencies

Upon termination, your right to use our services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict of law principles.

11.2 Jurisdiction

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of our services shall be brought exclusively in the courts located in Winnipeg, Manitoba, Canada. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

11.3 Dispute Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us. We will attempt to resolve disputes through good faith negotiations. If a dispute cannot be resolved informally within 30 days, either party may pursue formal legal remedies.

12. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent. If modification is not possible, the provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

13. Waiver

No waiver by Kiwitide of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Kiwitide regarding your use of our services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.

15. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms or any rights or obligations hereunder at our sole discretion without restriction. Any attempted assignment or transfer in violation of this section shall be null and void.

16. Contact Information

If you have any questions, concerns, or comments about these Terms, please contact us: