Confédération Africaine de Football (CAF)
3 Abdel Khalek Sarwat Street, El Hay El Motamayez
6TH OCTOBER CITY
EGYPT
The Confédération Africaine de Football (“CAF”, “We”, “Our”) is pleased to provide you with its website www.cafonline.com (the “CAF Website”) and the CAF applications (collectively the “CAF App”) (together, hereinafter referred to as “CAF Digital Platforms”), including any services, content and software (“Services”), subject to the following Terms of Service and any documents referred to herein (“Terms”).
1. ACCEPTANCE OF TERMS
1.1 By accessing, downloading, installing, or using the CAF Digital Platforms, whether or not you become 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 www.cafonline.com/legal/terms-of-service on a regular basis to keep yourself informed of any changes.
1.3 By using the CAF Digital Platforms, You agree that the mere posting of new or revised Terms on or within the CAF Digital Platforms shall constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the CAF Digital Platforms after any such changes or after explicitly accepting the new Terms upon logging into the CAF Digital Platforms shall constitute your acceptance of such changes.
1.4 The use of particular Services may be subject to specific terms of service related to the concerned Service. In using such Services, You agree to be bound by the terms then in force. Where there is any inconsistency between the Terms and any other terms of service, those other terms of service shall prevail in respect of the concerned service.
2. YOUR REGISTRATION OBLIGATIONS
2.1 In order to use the CAF App, You must have a Google Play Store account, owned and operated by Google Inc., or an Apple ID on the Apple App Store, owned and operated by Apple Inc. Your use of the Google Play Store is governed by a legal agreement between You and Google Inc., consisting of the Google Terms of Service (which can be found at www.google.com/accounts/TOS), the Google Play Terms of Service (which can be found at www.google.com/mobile/android/market-tos.html), and the Google Play Business and Program Policies (which can be found at https://play.google.com/about/android-developer-policies.html) (together, hereinafter referred to as the “Google Terms”). Your use of the Apple App Store is governed by a legal agreement between You and Apple Inc., consisting of the Apple Website Terms of Use (which can be found at www.apple.com/legal/internet-services/terms/site.html), the iTunes Store Terms and the Apple Media Services Terms and Conditions (which can be found at www.apple.com/legal/internet-services/itunes/appstore/jm/terms.html#SERVICE) (together, hereinafter referred to as the “Apple Terms”).
2.2 You may not access or use the CAF App if you do not comply with the Google Terms or Apple Terms. These Terms shall prevail in case of contradiction with the Google Terms or Apple Terms.
3. SUPERVISING CHILDREN
CAF is concerned about the safety and privacy of all its Users, particularly those not yet of legal age in their respective country of residence. For this reason, parents/guardians who wish to allow their children access to the CAF Digital Platforms must review and accept these Terms and assist such children with the setting up of any relevant accounts, as well as supervise their access to the CAF Digital Platforms. By allowing Your child access to the CAF Digital Platforms, You agree to be bound by these Terms, and acknowledge that he or she will be able to access all of the CAF Digital Platforms, which may now or in the future include public and private communication tools, as well as other features that may not be appropriate for use by unsupervised children. Please remember that the CAF Digital Platforms are designed to appeal to a broad audience. Accordingly, as legal guardian, it is your responsibility to determine whether any of the CAF Digital Platforms and/or information, data, text, software, music, sound, photographs, graphics, videos, messages, feeds offered through the CAF Digital Platforms (“CAF feeds”), the application programming interface (“CAF API”), and any other material on the CAF Digital Platforms (“Content”) are appropriate for your child. You remain responsible and liable for all acts of your child.
4. CONTENT
The CAF Digital Platforms include Content: (i) provided by CAF (“CAF Content”); (ii) that is uploaded, posted, submitted or otherwise transmitted by Users of the CAF Digital Platforms (“User Submissions”); and (iii) that is uploaded, posted, submitted or otherwise transmitted by third parties (“Third-Party Content”).
(i) CAF Content
4.1 All CAF Content, including CAF feeds, is owned by, or licensed to, CAF. CAF Content is provided to You “AS IS” and 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 CAF Digital Platforms. For that sole and exclusive purpose, CAF grants you a limited, revocable, non-exclusive license to access and use the CAF Digital Platforms privately for non-commercial purposes, in accordance with these Terms.
(ii) User Submissions
4.2 The CAF Digital Platforms provide, in some cases, unfiltered access to User Submissions. You hereby acknowledge and agree that CAF only acts as a platform for such User Submissions and that we are not liable for such content posted on the CAF Digital Platforms, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. CAF cannot, nor does it undertake any obligation, to control User Submissions. By their very nature, User Submissions on the CAF Digital Platforms are changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively mislabeled. CAF does not make any representation or warranty, express or implied, as to User Submissions.
4.3 You represent and warrant that Your User Submissions: (i) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or trade libellous; (iv) shall not be obscene or contain pornography; (v) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You, in particular, represent and warrant that You have the written consent, release, and/or permission of each and every identifiable individual in any User Submission to use their name or likeness.
4.4 You grant CAF an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform User Submissions in connection with the CAF Digital Platforms or CAF’s (and its successor’s) business, including, and without limitation, for the purpose of promoting and redistributing part or all of the User Submissions (and derivative works thereof) in any and/or all media formats and through any and/or all media channels. You also hereby grant each User of the CAF Digital Platforms a non-exclusive licence to access and use Your User Submissions through the CAF Digital Platforms.
4.5 You hereby acknowledge and agree that CAF has no obligation to post any User Submission from You or anyone else. In addition, CAF may, at its sole discretion, edit, remove or delete any User Submission that You post or submit, as well as terminate Your access to the CAF Digital Platforms without notice if, in its opinion, such User Submission infringes another individual’s intellectual property rights or otherwise does not comply with any provision of these Terms. In particular, CAF reserves the right to determine the final design, layout and functionality of the CAF Digital Platforms, which may involve the review, formatting and editing of User Submissions.
(iii) Third-Party Content
4.6 Your business dealings with, or participation in promotions of, any advertisers and merchants found on or through the CAF Digital Platforms, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertisers or merchants. You hereby agree that: (i) CAF shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on the CAF Digital Platforms; and that (ii) any orders placed by You on, and any product specifications and product availability appearing on, the CAF Digital Platforms (including, and without limitation, any online store) are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser or merchant.
4.7 Third parties may provide, and the CAF Digital Platforms may contain, APIs, links or feeds from or to other websites or resources. Because CAF has no control over such sites and resources, You hereby acknowledge and agree that CAF is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for, any content available on such sites or resources. You further acknowledge and agree that CAF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of, or reliance upon, any such content, goods, services or any other material available on or through any such APIs, links or feeds from or to other websites or resources.
4.8 In the event that You wish to establish a link to the CAF Digital Platforms, You expressly agree: (i) not to include the CAF Digital Platforms in the frame of another website; (ii) not to create any third-party association with the CAF Digital Platforms; (iii) to properly attribute the CAF Digital Platforms referred to in Your link to CAF; and (iv) to ensure that the link does not state or imply that CAF approves of, sponsors or endorses any other website activity, company, resource or entity, or present CAF and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damage CAF’s reputation or take advantage of it.
Irrespective of the promise made by You to CAF under this item regarding the misappropriation of and/or any potential confusion in respect of Third-Party Content, the link to the CAF Digital Platforms does not permit You to use any CAF and/or Third-Party Content, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights holder.
CAF reserves the right to require You at any time to remove any link to the CAF Digital Platforms.
4.9 If You wish to use or display any CAF feeds/CAF APIs on Your website:
(a) CAF grants You a non-transferable, royalty free, non-exclusive license to display such feeds on Your website, subject to these Terms;
(b) You expressly agree: (i) to ensure that the CAF feed/CAF API does not state or imply that CAF approves of, sponsors or endorses any other website activity, company or entity, resource, content, or present CAF and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damage CAF’s reputation or take advantage of it; and (ii) to properly attribute the CAF feeds used to CAF to avoid any misappropriation or confusion;
(c) where possible, You must create a functional link back to the CAF story or other material summarized by the relevant CAF feed.
5 TRADEMARK AND COPYRIGHT INFORMATION
5.1 CAF, the CAF logo, the emblems and mascots of CAF events and other CAF logos, CAF event marks and product and service names are trademarks and copyright material of CAF (the “CAF Marks”). Aside from the right granted to You under section 4.9 to use the CAF feeds/CAF APIs (which may include some of the CAF Marks), You agree not to display or use the CAF Marks in any other manner without CAF’s prior written consent.
5.2 Certain content on the CAF Digital Platforms is provided by third parties. Any re-publication or re-distribution of such content, including by framing or similar means, is expressly prohibited without the prior written consent of the relevant rights holder. CAF shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Please consult the respective websites of the rights holder concerned for additional information.
6 COPYRIGHTS AND COPYRIGHT AGENTS
CAF respects the intellectual property of others. If You believe that any of Your intellectual property rights have been infringed on the CAF Digital Platforms, please provide CAF with the following information: name, last name, address, email address, type and extent of infringement (date, time, etc.) via email to the following email address: info@cafonline.com.
7 MODIFICATIONS TO SERVICE
CAF reserves the right at any time to modify or discontinue, temporarily or permanently, the CAF Digital Platforms, the Services, the CAF Content, the User Submissions, and the Third-Party Content (or any part thereof) with or without notice. You hereby agree that CAF shall not be held liable to you or to any third party for any modification, suspension or discontinuance of the CAF Digital Platforms, Services, CAF Content, User Submissions, and Third-Party Content. Although CAF will take reasonable care in ensuring that the CAF Digital Platforms, Services, and CAF Content are up to date, they may be out of date at any given time, and CAF is under no obligation to update them.
8 PRIVACY POLICY
By using the CAF Digital Platforms, Services, and CAF Content, You, or any person you allow to access and use Your account, may provide CAF with certain personal data, including the Registration Data and other information about You. By accessing or using the CAF Digital Platforms, or submitting Your personal information to the CAF Digital Platforms, You agree to CAF’s use of such data in accordance with the CAF Privacy Policy set out at www.cafonline.com/legal/privacy-policy (“Privacy Policy”).
9 TERMINATION
CAF may, at its sole discretion and without liability to You, with or without cause, in particular if you do not comply with these Terms, the Google Terms, or the Apple Terms, with or without prior notice and at any time: (i) terminate Your access (whether restricted or not) to the CAF Digital Platforms, in whole or in part; and (ii) deactivate or delete any of Your accounts and all related information and files in such accounts as well as Your User Submissions. Please also note that, in such an event, your access to Third-Party Content might also be terminated.
10 DISCLAIMERS
10.1 IF YOU ACCESS AND USE OUR CAF DIGITAL PLATFORMS, YOU DO SO AT YOUR SOLE RISK. THE CAF DIGITAL PLATFORMS, SERVICES, AND CAF CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAF EXPRESSLY DISCLAIMS, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, AND WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10.2 CAF MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE CAF DIGITAL PLATFORMS, SERVICES AND CAF CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE CAF DIGITAL PLATFORMS, SERVICES AND CAF CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CAF DIGITAL PLATFORMS, SERVICES OR CAF CONTENT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CAF DIGITAL PLATFORMS, SERVICES OR THE CAF 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 CAF DIGITAL PLATFORMS, SERVICES OR CAF 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 ON THE CAF DIGITAL PLATFORMS, SERVICES, AND CAF CONTENT ARE NOT INTENDED TO BE CONSIDERED TO BE RELIABLE ADVICE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAF, OR THROUGH OR FROM THE CAF DIGITAL PLATFORMS, SERVICES OR CAF CONTENT, SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS, AND CAF DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED UPON SUCH MATERIALS BY ANY VISITOR TO THE CAF DIGITAL PLATFORMS OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS SERVICES OR CAF CONTENT.
11 INDEMNIFICATIONS
You hereby agree to indemnify and hold CAF 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 CAF Digital Platforms, Services or CAF Content, including, and without limitation, any content, or User Submission, as well as Your connection to the CAF Digital Platforms, Services or CAF Content; (ii) Your failure to comply with any provision of the Terms; or (iii) any claim by a third party that any of Your User Submissions or any other use of the CAF Digital Platforms, Services or CAF 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
You expressly acknowledge and agree that CAF 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 CAF has been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use the CAF Digital Platforms, Services or CAF 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 CAF Digital Platforms; (iii) unauthorised access to, or alteration of, Your transmissions of data; (iv) statements or the conduct of any third party on the CAF Digital Platforms, Services or CAF Content; (v) the impact of the CAF Digital Platforms, Services or CAF Content and any of the CAF Digital Platforms, Services or CAF Content linked to them and any materials posted on them; or (vi) any other matter relating to the CAF Digital Platforms, Services or CAF Content.
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 CAF Digital Platforms, Services or CAF 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 11 and 12 may not apply to You.
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 CAF or any other liability (e.g. for intent or gross negligence), which cannot be excluded or limited under applicable law.
14 NOTICES
You will occasionally receive notices, which will be sent to You either via email or post to the relevant email address or postal address, respectively, which You provided to CAF.
If We amend these Terms in any way, We shall upload an updated version to this page of the CAF Website. The CAF Website and/or the CAF App may also provide notices of changes to these Terms or other matters by displaying general notices or links to notices on the CAF Digital Platforms.
15 GENERAL INFORMATION
15.1 These Terms (including the specific terms applicable to certain Services) constitute the entire agreement between You and CAF in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between You and CAF, whether oral or written in relation to such subject matter. You may be subject to additional terms and conditions that may apply when You use affiliate services, Third-Party Content or third-party software.
15.2 Any failure by CAF to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
15.3 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.
15.4 You may not assign or transfer any of Your rights or obligations, or subcontract the performance of any of Your obligations, under these Terms. CAF 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.
15.5 The Terms and the relationship between you and CAF shall be governed by the substantive laws of Egypt. All disputes in connection with these Terms and/or the termination thereof are to be resolved via arbitration, under the auspices of the Cairo Regional Centre for International Commercial Arbitration, through a panel of three arbitrators, the Seat should be Cairo, Egypt and the language of Arbitration should be English and documents in French or Arabic may be presented in their original language without translation.
15.6 These Terms have been drafted in English and have been translated in 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.
16 VIOLATIONS
Please report any violations of the Terms to CAF via email to the following email address: info@cafonline.com.
17 Definitions and legal references
Personal Data (or Data)
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Usage Data
Information collected automatically through CAF Digital Platforms (or third-party services employed in CAF Digital Platforms), which can include: the IP addresses or domain names of the computers utilized by the Users who use CAF Digital Platforms, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
User
The individual using CAF Digital Platforms who, unless otherwise specified, coincides with the Data Subject.
Data Subject
The natural person to whom the Personal Data refers.
Data Processor (or Data Supervisor)
The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.
Data Controller (or Owner)
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of CAF Digital Platforms. The Data Controller, unless otherwise specified, is the Owner of CAF Digital Platforms.
CAF Digital Platforms (or this Application)
The means by which the Personal Data of the User is collected and processed.
Service
The service provided by CAF Digital Platforms as described in the relative terms (if available) and on this site/application.
European Union (or EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
Cookies
Small sets of data stored in the User's device.
18 Precedence
In the event that the provisions of these Terms conflict with the provisions of third-party terms of service on the CAF Digital Platforms, the provisions of these Terms shall prevail.