RefManager is procured by organisations such as sports federations, leagues and clubs (hereinafter "your organisation") under a separate licence agreement. As a user, you obtain access because your organisation invites you. The commercial terms (such as price, term, renewal and termination) are set out in the licence agreement between RefManager and your organisation; these terms of use govern only your use of the application as a user.
Article 1 – Definitions
- "Application" or "Service": the RefManager SaaS application, including its website, modules, functionality and documentation;
- "User" or "you": the natural person who, after being invited by an organisation, uses the Application (such as a referee, coordinator or administrator);
- "Your organisation": the customer organisation that has concluded a licence agreement with RefManager and grants you access;
- "Content": all data that you or your organisation enter or upload into the Application.
Article 2 – Applicability
These terms of use apply to all use of the Application and the website. Deviations apply only where agreed in writing with RefManager. In the event of any conflict between these terms of use and the licence agreement with your organisation, the licence agreement prevails as regards that organisation.
Article 3 – The Service
RefManager is a platform for the scheduling, communication, development and evaluation of (3x3) basketball referees. The Service may include, among others, the 3x3 Planning, MyRef, Evaluations and RefManager Pregame modules. RefManager may further develop, change or expand the Service from time to time to improve it or to comply with laws and regulations.
Article 4 – Account and access
You access the Application via an account created on behalf of your organisation. You are responsible for keeping your login credentials confidential and for all use that takes place via your account. If you suspect misuse of your account, report this without delay to your organisation and to RefManager. The Application is not intended for persons under the age of 16.
Article 5 – Acceptable use
You use the Application carefully and lawfully. In particular, you may not:
- use the Application contrary to these terms, your organisation’s instructions or applicable laws and regulations;
- disrupt or circumvent the security, integrity or availability of the Application, or obtain unauthorised access;
- copy, sell, rent, decompile or reverse-engineer the Application or parts of it, except to the extent mandatory law permits;
- enter or distribute unlawful, offensive, infringing or otherwise harmful Content.
Article 6 – Content you enter
You retain the rights to the Content you enter. You grant RefManager a right to use that Content to the extent necessary to provide the Service. You warrant that you are entitled to enter the Content and that it does not infringe any third-party rights. RefManager processes personal data in the Application on behalf of your organisation; see the privacy statement and the data processing agreement between RefManager and your organisation.
Article 7 – Intellectual property
All intellectual property rights in the Application, the underlying software, the design, documentation and further developments belong exclusively to RefManager or its licensors. These terms of use grant you only a personal, non-transferable right of use for the duration and within the limits of the access granted to you by your organisation. Nothing in these terms transfers any right.
Article 8 – Availability and maintenance
RefManager uses its best efforts to keep the Application available but does not guarantee uninterrupted or entirely error-free operation. Arrangements regarding service levels and availability (including a target of 99.5%) are set out in the Service Level Agreement (SLA) between RefManager and your organisation. RefManager may temporarily take the Application out of service for (urgent) maintenance.
Article 9 – Privacy
RefManager processes personal data in accordance with the GDPR. RefManager’s privacy statement applies to the use of the Application. For data managed within the Application by your organisation, RefManager acts as processor and your organisation is the controller.
Article 10 – Liability
RefManager provides the Service with the care of a diligent service provider (best-efforts obligation). To the extent permitted by law, the following applies:
- RefManager is not liable towards you for indirect damage, including consequential damage, lost income, lost savings and damage due to loss of data;
- RefManager’s total liability towards you is limited, per event (with related events counting as one), to compensation for direct damage up to a maximum of € 10,000;
- these limitations do not apply to damage resulting from intent or wilful recklessness on the part of RefManager, nor to liability that cannot be excluded or limited under mandatory law.
The contractual liability between RefManager and your organisation is governed by the arrangement in the licence agreement.
Article 11 – Suspension and termination of access
RefManager may suspend or restrict your access to the Application if you breach these terms, in the event of (suspected) misuse, or where necessary for the security or stability of the Service. Your access also ends when your organisation terminates your account or when the licence agreement between RefManager and your organisation ends.
Article 12 – Changes to these terms
RefManager may amend these terms of use from time to time. We announce material changes at least thirty (30) days in advance via the Application or by email. We publish the most current version on our website.
Article 13 – Governing law and disputes
These terms of use are governed exclusively by Dutch law. Disputes are submitted to the competent court of the District Court of Midden-Nederland, location Utrecht/Amersfoort, without prejudice to mandatory rules of jurisdiction that protect a consumer.
Article 14 – Contact
Questions about these terms of use? Contact us at info@refmanager.nl.