Positive impact pledge terms and conditions

Positive Impact Pledge: Terms and Conditions

This document sets out the terms and conditions applicable to the application for and, subject to successful completion of the process, receipt and use of, the Positive Impact Pledge (“Terms”). By submitting an application to Southampton Football Club Limited (“Southampton FC”) for the Positive Impact Pledge you (the individual, partnership, company or other entity applying for the Positive Impact Pledge, as set out in the application form available here) (the “Applicant”) will be deemed to have agreed to these Terms. Applications will close on Friday 18th December.

1.                   The Application Process

1.1.               Please see the Positive Impact Pledge Application Criteria for details on the stages of the application process.

1.2.               Staff members of Southampton FC, Saints Foundation (SFC) or any other company within or connected to the St Mary’s Football Group are not eligible to apply for the Positive Impact Pledge.

1.3.               Timelines for the application process are subject to change and Southampton FC makes no guarantee that timelines communicated will be met, however Southampton FC will use reasonable efforts to keep to these timelines.

1.4.               Due to the number of applications expected, if the Applicant fails to comply with any deadlines set, Southampton FC reserves the right to remove the Applicant from the process. Southampton FC shall endeavour to ensure that all deadlines communicated to applicants are reasonable.

1.5.               The Applicant acknowledges and agrees that Southampton FC has the right to remove the Applicant from the application process at any time if the Applicant is found to be in breach of the Terms or if Southampton FC determines (in its sole discretion) that the Applicant is unsuitable to receive the Positive Impact Pledge.

1.6.               The decision as to which applicants progress through the stages of the application process, and the final decision as to who will receive the Positive Impact Pledge, will be made by Southampton FC in its sole discretion and Southampton FC’s decision is final and binding.

2.                     The Positive Impact Pledge

2.1.               The total amount available to the successful applicant is £20,000 (tax free).

2.2.               Award of the Positive Impact Pledge is subject to successful agreement of a document setting out:

2.2.1.          how the Positive Impact Pledge will be used;

2.2.2.          how the successful applicant will be required report to Southampton FC on its use of the Positive Impact Pledge and the progression/success of its business;

(“Award Document”).

2.3.               In the event that Southampton FC and the successful Positive Impact Pledge applicant are unable to reach an agreement on the Award Document, having each acted reasonably and in good faith, Southampton FC shall have the right to select an alternative applicant to receive the Positive Impact Pledge.

3.                     Ongoing support/relationship post award

3.1.               Southampton FC does not envisage award of the Positive Impact Pledge being the end of this process. Should the Applicant be successful the Applicant agrees to keep in touch with Southampton FC and to report on the Applicant’s progress and use of the Positive Impact Pledge in accordance with the Award Document.

3.2.               As a condition of entry into the application process, and subject to data protection laws, the Applicant agrees that should the Applicant be awarded the Positive Impact Pledge the Applicant will participate in reasonable marketing and publicity of Southampton FC, which may include providing quotes about the process and updates on the Applicant’s business.

3.3.               Additionally, where possible and where Southampton FC has appropriate expertise, Southampton FC will provide tips and tricks to aid the development of the Applicant’s business. The Applicant acknowledges and agrees that Southampton FC offers no warranties with respect to such tips and tricks and that these are provided ‘as is’. Except as set out in these Terms, all warranties, conditions, terms, undertakings or obligations whether express or implied (including, without limitation, implied terms as to reasonable skill and care or ability to achieve a particular result) in respect of the assistance offered by Southampton FC are excluded to the fullest extent allowed by applicable law.

4.                     Warranties

4.1.               The Applicant warrants and represents that:

4.1.1.          the information provided by or on behalf of the Applicant, to Southampton FC as part of or in connection with the application process for the Positive Impact Pledge is accurate and complete;

4.1.2.          should any personal data (as defined in the General Data Protection Regulation (EU) 2016/679) be included in the information the Applicant provides as part of the Applicant’s application, the Applicant has received all required consents, has ascertained all required lawful bases and has provided appropriate privacy notices to the relevant data subjects;

4.1.3.          the individual submitting the application on behalf of the Applicant (if not the Applicant) is authorised to submit the application on behalf of the Applicant;

4.1.4.          the Applicant has notified or will notify Southampton FC at the earliest opportunity if the Applicant, or any of the Applicant’s staff or representatives, are in any way connected with Southampton FC or any of its staff, associates or representatives;

4.1.5.          the Applicant is not aware of any circumstances which could:

4.1.5.1.            affect the Applicant’s right to receive and utilise the Positive Impact Pledge;

4.1.5.2.            result in any damage to the reputation of Southampton FC;

and if the Applicant is aware or becomes aware of any such circumstances the Applicant has or will disclose such circumstances to Southampton FC at the earliest opportunity.

5.                     Announcements and Confidentiality

5.1.               No announcement or other public disclosure concerning the Positive Impact Pledge, these Terms or any of the matters contained in these Terms shall be made by, or on behalf of, the Applicants without the prior written consent of Southampton FC (such consent not to be unreasonably withheld or delayed), except as required by law, any court, any governmental, regulatory or supervisory authority (including any recognised investment exchange) or any other authority of competent jurisdiction.

5.2.               Each party agrees that it will keep confidential and not disclose, whether directly or indirectly, any confidential information belonging to the other. In this clause, ‘confidential information’ means all information of a confidential nature (in any form) which is imparted or disclosed to, or otherwise obtained by a party (whether directly or indirectly) including the other party’s know-how, trade secrets, financial, commercial, technical, tactical, strategic, marketing or customer information, employee information, any information agreed to be or marked as confidential, any other information a party knows, or could be reasonably expected to know, is confidential and any other such information related to or concerning a party’s business.

6.                     General

6.1.               If any provision of these Term (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms shall not be affected.

6.2.               These Terms and any dispute or claim arising out of, or in connection with these Terms, the subject matter or formation (including non-contractual disputes or claims) of these Terms, shall be governed by, and construed in accordance with, the laws of England and Wales.

6.3.               The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms, the subject matter or formation of these Terms (including non-contractual disputes or claims).