Refr Sports LLC of Boulder, CO, (“Refr Sports”, “we”, “our,” “us”) provides mobile application software (the “App”) and related services (the “Services”) to you, the user, subject to the following Terms and Conditions, which may be updated by us from time to time. BY ACCESSING, DOWNLOADING, INSTALLING AND/OR USING THE APP AND SERVICES YOU ACKNOWLEDGE AND AGREE TO ALL TERMS, CONDITIONS, POLICIES AND NOTICES HEREIN (the “Agreement”).
1. AGREEMENT BETWEEN USER AND REFR SPORTS
1.1 We, Refr Sports, grant you a non-exclusive, revocable license you to use:
- Refr Sports’ mobile application software (the App) and any updates or supplements to it.
- The related online documentation (Documentation); and
- The service you connect to via the App and the content we provide to you through it (the Service); as permitted in these terms and conditions.
1.2 The Appstore (for iOS) and Play Store’s (for Android) terms also apply to you
The ways in which you can use the App and Documentation may also be controlled by the App Store and Play Store’s rules and policies. You should review the respective store’s terms and conditions before downloading and installing any application(s).
2. REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process required to use the App and Service, you will be assigned a username and are required to select a password for your account. You will provide Refr Sports with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it through the App or by contacting us). You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person authorized by you to use your username and password. Although your username and password are restricted to authorized used only by you and multiple users of a username and password are not allowed.
3. USER PRIVACY
We are required to provide you with certain information under data protection legislation, including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided at https://refrsports.com/privacy-policy and it is important that you read that information.
4. SUPPORT FOR THE APPLICATION
If you want to learn more about the App or the Service or have any problems using either, please take a look at our support resources at https://refrsports.com.If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at [email protected] or call us at 612-616-2999. If we have to contact you, we will do so by email, using the email address that you have given us.
5. OPERATING SYSTEM REQUIREMENTS
We are not responsible for operating system requirements when using this mobile application. It is the user’s sole responsibility and risk when downloading the App onto the user’s device with the current operating system (OS). Refr Sports recommends an OS containing at least 512 RAM of memory and an up-to-date OS download. These are just suggestions, and we are not liable or responsible for any App or Service performance issues due to a user’s operating system.
6. PROHIBITED USES
6.1 User restrictions
The user agrees:
- Not to use the App or any Service in any illegal way, for any illegal purpose, or in any way inconsistent with these terms and conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system.
- Not to use any of our intellectual property, as further detailed in the intellectual property portion of these terms and conditions.
- Not to use the App or Services to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service.
- Not to conduct behavior that could hurt, burden or disable another user’s experience on the App.
- Not to obtain, or attempt to obtain, any information / data from the servers which the App is run on.
6.2 User rights
In return for your agreeing to comply with these terms and conditions, you may:
- Download the App onto your device, and use the service for personal use on your device.
- Receive and use any release of software code and/or update(s) of the App that provide fixes and corrections of bugs.
6.3 You must be 13 to accept these terms and install the App
You must be 13 or over to accept these terms and to install the App. If you are under 13 years of age, do not download or install the App.
7. User Services
You, the user, acknowledge that you are at least 13 years of age. In the case where you are under the age of 18, we will require you to provide us with the contact information of your legal guardian, these details can be emailed to us. Upon the contact information being sent to us, we will contact the guardian to confirm their awareness and consent for you using our App and Service. You, the user, must ensure that you have the consent of this guardian to use our Service and further must ensure that the contact information you provide to us is accurate. Refr has the right to confirm and check the details provided to us.
Refr Sports does not endorse, certify, or verify the certifications of referees or organizers or otherwise endorse, certify, or verify the accuracy of claims made by referees or organizers accessible through the site. The App is akin to a directory and compilation of data and information, the access and use of which is at your own risk and discretion. We may reserve the right to investigate and remove users who participate in fraudulent activity related to the App or Service, and we will do our best to do so, however we are not obligated nor promise to do remove any such uses. You agree that Refr Sports shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the App and Services. We do require Referee and Organizers to agree to various terms and conditions, including the specific terms below so that we can reduce the potential for fraud on the App.
REFEREE - You agree that the following terms apply to you, if you are a Referee using our App and/or Service:
You, the referee, agree to provide referee services to the sports provider. You acknowledge that Refr Sports is not liable for the provision of the referee services or acts or incidences occurring from the provision of the referee services. Further, Refr Sports is not responsible for the quality of the referee services.
The list of games and events available to the referee will be based on the referee’s certifications and standing with Refr Sports. These available games can be found on the “ALL GAMES” page of the App.
Refr Sports is not by any means your employer. You, the referee, agree that you will be providing services as an independent contractor, and not as an employee of Refr Sports. You, the referee, are not entitled to any bonus, overtime pay, holidays, pensions, or any other benefits from Refr Sports. Further, nothing in this agreement will make you an employee, partner, or agent of Refr Sports. You, the referee user, agree to not claim or hold yourself out as any of those titles. You, the referee, are fully responsible for any liability and further agree to exclude Refr Sports from any liability, including expenses for any and all employment related claims or claims based on worker status brough by you against Refr Sports in connection with the provision of referee services. You, the referee, are responsible for and will account to the appropriate authorities for all income tax liabilities and national insurance or similar contributions payable in respect of the payments made to you by a sports organization on a self-assessment basis.
You acknowledge that sports organizations are not obliged to approve you for a game or event, and as such, we do not guarantee that you will be approved by a sports organization to provide services. Further, you are not obligated to provide any referee services for any particular sports organization.
You will receive payment through Stripe (Stripe, Inc.) every Thursday of the week for relevant services provided from the previous week. You, the referee, are able to cash out your pay earlier at any time. If you, the referee, cash out your relevant pay before Thursday for the previous week, you agree to pay the fees that Refr Sports charges for an early cash out.
You, the referee, may terminate your agreement with Refr Sports at any time by stopping your use of the App, deleting the App from your device, and by closing your account that you have opened.
A referee that is consistently canceling work they have scheduled for themself will be asked to submit reasons for the cancellation(s). Refr Sports retains the right to terminate a user at any time, for any reason, and including for consistently canceling work orders. Refr Sports also obtains the right to charge the referee the communicated fee for canceling a game within 24 hours of the game start time.
You agree to provide the referee services in accordance with all applicable laws and regulations, and the terms of this Agreement.
You, the referee, agree to provide accurate information about yourself. When asked in the app to describe your refereeing experience, you agree to only provide accurate information of your experience.
You, the referee, understand that you can be terminated and/or removed from the Refr Sports platform for a violation of any terms of this Agreement, including violation of any of the previous terms 6.1- 6.11.
ORGANIZER - You agree that the following terms will apply to you, if you are an Organizer using our Service:
You, the organizer, agree and acknowledge that Refr Sports is not responsible for the quality of services you are provided by referees. Our referees have ensured us that the information they have provided about themselves is accurate. However, it is up to you, the organizer, to use your own judgment when it comes to allowing a referee to work your games.
You, the organizer, have the responsibility to pay all agreed upon amounts in U.S. dollars to the referee, and all agreed upon service and transaction fees to Refr Sports. These expenses due will be transparently communicated to you in the App.
You, the organizer, promise that your linked payment method in the App is reliable and has sufficient funds to pay for all your listed work orders. If you, the organizer, has X amount of games listed, with Y amount of compensation provided for each game, you agree that your payment method has sufficient funds to pay the amount of X multiplied by Y by the associated due date for payment.
You, the organizer, understand that your provided payment method will be charged each evening that a work order under your account is fulfilled.
You, the organizer, understand that you will only be charged after services for the respective work order are fulfilled. Further, you recognize that once a service is provided, you will not be entitled to a refund of the service or be entitled to a refund of the fees for the service provided under any circumstances. The organizer may contact Refr Sports directly if you believe that a refund is warranted and we will work with you on the process manually, but no refund is ever guaranteed, regardless of what the circumstances may be.
An organization that is consistently canceling work they have scheduled may be asked to submit reasons for the cancellation(s). Refr Sports retains the right to terminate an organizer at any time for consistently canceling games. Refr Sports also obtains the right to charge the organization a communicated fee for canceling a game within 24 hours of the start time for the game.
You, the organizer, acknowledge and agree that Refr Sports does not guarantee a referee/s to work your games. Our referees are not obligated to accept the orders you post. It is up to the referee to decide if they wish to work the game you post. You, the organizer, are further aware that you are not required to accept any particular referee to work your posted game. You, the organizer, have the right to cancel / reject a referee’s request to work your listed game.
8. INTELLECTUAL PROPERTY
All materials on the App such as names, logos, trademarks, service marks, images, software, and other elements making up the App and/or Service are protected by copyrights, trademarks, and other intellectual property rights owned and controlled by Refr Sports. You agree not to copy, reproduce, republish, transmit, or distribute in any way, or otherwise use these materials for any purpose, without the prior written permission of Refr Sports. You may not add, delete, distort, or otherwise modify the content on the App. Any unauthorized attempt to modify any material, to defeat security features, or to utilize the App for other than its intended purposes is prohibited. All trademarks appearing on the App are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. Refr Sports will enforce its intellectual property rights to the fullest extent of the law. If you suspect that Refr Sports content, copyrighted materials and/or trademarks are being misused, please contact us as soon as possible.
You, the user, agree:
- Not to disable or reverse-engineer any portion of the App, documentation or services, nor attempt to execute any of these acts.
- Not to plagiarize or copy the app, services or documentation provided, with the exception of normal use of the App or wherever it may be necessary to the intent of security or back-up.
- Not to communicate or disclose private information about the App without the permission of Refr Sports to any third party.
- Not to modify, translate or merge the entirety or any part of the App, documentation or services.
- Agree to abide by all laws and regulations related to the applicable technology used by the App.
- Not to lease, loan, provide, license, rent or make available the app or our services in any shape or form, in part or in whole to any person without the prior consent from Refr Sports.
9. TERMINATION OF USE
9.1 Refr Sports has the right to terminate your use of our app and services if you do not abide by these terms and conditions.
Refr Sports has the right to end your use of our app and services at any time by informing you, the user, that you have violated our terms and conditions. Upon Refr Sports terminating your rights to our App and Services, you the user are responsible for:
- Halting all use of our app and services; and
- Deleting the app from your device(s) and further removing any copies of the App that you may have.
9.2 Requirements of the user when terminating their account
To terminate an account the user can delete the mobile application from their device. If the user wishes to have their account permanently deleted, they may contact us by the provided method listed in these terms and conditions and we will manually delete their account for them within 90 days of the request.
10.1 We are not responsible for other pages or websites links you click on
The app or service provided by Refr Sports may link other independent pages or websites that are not provided by us. These independent websites and pages are not controlled by us, therefore Refr Sports is not responsible for any content, privacy, policy, or damages arising from accessing or using these linked pages or websites. It is up to you, the user, to make your own judgment when clicking on links in our app and services.
Refr Sports does need to draw your attention to the important information below:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. REFR SPORTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. REFR SPORTS MAKES NO WARRANTY THAT (i) THE APP OR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE APP OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS APP, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED, STREAMED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REFR SPORTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. THIS APP MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, OR OTHER INFORMATION CREATED BY REFR SPORTS OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE MAY BE OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY REFR SPORTS AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
10.3 LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT REFR SPORTS 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 REFR SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE APP OR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP OR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
10.4 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 OF SECTIONS 10.2 AND 10.3 MAY NOT APPLY TO YOU.
11. TRANSFER OF USE AND DEVICE OWNERSHIP
11.1 You are not allowed to transfer the application to another individual
Refr Sports is giving you and only you the right to use the App and services we provide. You, the user, are not allowed to transfer your account or your use of the App or Service, in whole or parts thereofto another party. If you are selling or transferring ownership of your device on which the App is installed, you must delete the App and all its data before transferring ownership of the device that the app is installed on.
11.2 If someone else owns the phone or device you are using
If you, the user, install the App on any device that is not owned by you, you must first obtain consent to install the App from the owner of the device that you wish to install it on. You, the user, are responsible for abiding by these terms and conditions, regardless of whether the device you install the app on is owned by you or not.
12. Governing Laws
The outlined terms and conditions are governed by laws of the United States of America, and specifically are governed by the laws of the State of Minnesota and you agree to personal jurisdiction by the state and federal courts sitting in Minnesota. You expressly waive trial by jury in any action, proceeding or counterclaim brought by either you or Refr Sports on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.
12.2 Refr Sports obtains the right to transfer this agreement to someone else
Refr Sports obtains the right to transfer our obligations under these terms and conditions to another organization. Refr Sports will communicate to all users before transferring this agreement to another organization.
12.3 If a portion of this agreement is ruled illegal in court, the rest will still be Intact
Each section of these terms and conditions, as numbered, serves a separate purpose. If any authority or court rules a portion of these terms and conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining sections of these Terms and Conditions will still remain in effect.
12.4 Refr Sports obtains the right to enforce this contract at any time
If Refr Sports is deleted in enforcing this contract, Refr Sports still obtains the right to enforce the Agreement at a later date.
13. The Right To Changes
13.1 Updates to Terms and Conditions
Refr Sports at times may need to update our terms and conditions to be in line with new laws or updates to our app or services. If you, the user, does not agree to the updated changes, you are not permitted to further use our app or services. Refr Sports will provide at least 10 days notice of any and all changes to our terms and conditions by emailing an updated contract to our users.
13.2 Updates to Refr Sports app and services
Refr Sports will often have automatic updates to our app and services to improve the user experience and to provide better functionality for our user. If you, the user, does not wish to install such current updates to our app or services, you will not be able to continue use of our app and services.