FIFA Medical Assessment and Research Center (“F-MARC”) is pleased to provide you its website http://f-marc.com/footballdiploma/ (“F-MARC Website”) including any services, content and software (“Services”), subject to the following terms and conditions and any documents referred to in them (“Terms”).
1. Acceptance of Terms
1.1 By accessing and using the F-MARC Website, whether or not you become a registered user („user“, „you“, „yourself“, „your“), you accept and agree to be bound by these Terms, which you acknowledge that you have read and understood.
1.2 F-MARC reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms at any time. You will have to accept and agree to be bound by any and all revisions and changes of these Terms in order to continue accessing and using the F-MARC Website and its Services.
1.3 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. To the extent that 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.
1.4 Unless explicitly stated otherwise, any new contents, uploads or features on the F-MARC Website, and your use thereof shall be subject to the Terms.
2. Registration obligations
2.1. Certain areas of the F-MARC Website require registration (“Restricted Areas”). By registering, you represent and warrant that: (i) You are eligible for an account as set forth in these Terms; and (ii) the information you include as part of the registration process is accurate and not misleading. Accounts may be obtained and used only by: (i) individual, independent professionals who are eighteen (18) years old or of legal age in their country of residence if such age exceeds eighteen (18); (ii) those individuals whose registration has been authorised either by their parents or legal guardian if they are below the legal age in their respective country of residence; or (iii) individuals with the right and authority to act on behalf of an organisation or entity for the purposes of accessing and using the F-MARC Website.
2.2. In respect of your use of these Restricted Areas, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the registration form (“Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide, or F-MARC has reasonable grounds to suspect that you have provided, any information that is untrue, inaccurate, not current or incomplete, or F-MARC otherwise reasonably considers that you have failed to comply with any provisions of these Terms, F-MARC has the right to suspend or terminate your account and refuse you access to any and all current or future use of the F-MARC Website (or any portion thereof).
3. Member account, password and security
3.1. You will receive a password and account designation upon completing any registration process (as described in Sections 2.1 and 2.2). You are solely responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and account.
3.2. You agree to: (i) immediately notify F-MARC of any unauthorised use of your password or account and any other breach of security; and (ii) ensure that you exit from your account at the end of each session. FIFA and/or F-MARC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
The FIFA Diploma in Football Medicine is a free online course, designed to help clinicians learn how to diagnose and manage common football-related injuries and illnesses. The course is designed specifically for primary care clinicians including doctors, physiotherapist and other allied health practitioners.
5. User conduct
5.1. By using the F-MARC Website, you agree:
b) not to disrupt or interfere with the security of, or otherwise abuse, the F-MARC Website, or any services, system resources, accounts, servers or networks connected to or accessible through the F-MARC Website or affiliated or linked websites;
c) not to disrupt or interfere with any other user’s enjoyment of the F-MARC Website or affiliated or linked websites;
d) not to upload, post, or otherwise transmit through or on the F-MARC Website any viruses or other harmful, disruptive or destructive files;
e) not to use or attempt to use another’s account, service or system without authorisation from FIFA and/or F-MARC, or create or use a false identity on the F-MARC Website;
f) not to transmit through or on the F-MARC Website spam, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings;
g) not to divulge your user login and password to others either on or off the F-MARC Website;
h) not to attempt to obtain unauthorised access to the F-MARC Website or portions of the F-MARC Website which you are not entitled to access; and
i) to conduct the FIFA Diploma in Football Medicine on your own and without the help of any third parties or other sources.
5.2. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the F-MARC Website. If you are in a jurisdiction which restricts you from accessing the F-MARC Website, you are requested not to access or use the F-MARC Website under any circumstances whatsoever.
5.3. You are not entitled to act as representatives of FIFA and/or F- MARC . The FIFA Diploma in Football Medicine is an educational resource only. It does not imply any endorsement from FIFA or F-MARC.
5.4. If, in FIFA and/or F-MARC’s reasonable opinion, you infringe any of the provisions in these Terms, FIFA and/or F-MARC shall be entitled to immediately withdraw your football diploma. In addition, you shall be liable for FIFA’s and/or F-MARC’s damage in this regard.
5.5. You undertake to maintain absolute confidentiality with respect to any confidential, football diploma related contents (e.g. requirements, questions and solutions), insofar as and to the extent that this rule is not contrary to your obligations under public law.
6. Trademark and copyright informations
FIFA, the FIFA logo, the FIFA F-Marc logo, the emblems and mascots of FIFA events, and other FIFA logos, FIFA event marks and product and service names (the “FIFA Marks”) are trademarks and copyright material of FIFA. By accessing the F-Marc Website you acknowledge and agree that no licence to use the FIFA Marks is granted.
All content on the F-Marc Website (“FIFA Content”) is owned by, or licensed to, FIFA. FIFA 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 their access and usage on the F-Marc Website. For that sole and exclusive purpose, FIFA grants to you a limited, revocable, non-exclusive licence to access and use the F-Marc Website privately for non-commercial purposes, in accordance with these Terms.
Any copying, retransmission, redistribution, publication of the FIFA Content (including without limitation the FIFA Marks) is expressly prohibited.
7. Modification to service
F-MARC reserves the right at any time, in its sole discretion, to modify or discontinue, temporarily or permanently, the F-MARC Website (or any part thereof) with or without notice. You agree that FIFA and/or F-MARC shall not be held liable to you or to any third party for any modification, suspension or discontinuance of the F-MARC Website. Although F-MARC will take reasonable care in ensuring the content is up to date, any of the content may be out of date at any given time, and F-MARC is under no obligation to update it.
FIFA and/or F-MARC may, in their sole discretion and without liability to you, with or without cause, in particular if you do not comply with these Terms, with or without prior notice and at any time: (i) terminate your access (whether restricted or not) to the F-MARC Website in whole or in part; and (ii) deactivate or delete any of your accounts and all related information and files in such accounts.
Equally, F-MARC may withdraw your football diploma at any time if F-MARC, acting in its own discretion, deems that the reputation of F-MARC and/or FIFA may otherwise be harmed.
The F-MARC Website may contain links to other websites or resources. Because FIFA and/or F-MARC have no control over such sites and resources, you acknowledge and agree that FIFA and/or F-MARC are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials or information on or available from such sites or resources. You further acknowledge and agree that FIFA and/or F-MARC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11.1 If you access and use the F-MARC Website, you do so at your sole risk. The F-MARC Website is provided on an “as is” and “as available” basis. FIFA and F-MARC expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11.2 FIFA and F-MARC make no warranty or representation that: (i) the F-MARC Website will meet your requirements; (ii) the F-MARC Website will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the F-MARC Website will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the F-MARC Website will meet your expectations; and (v) any defects in the F-MARC Website or its content will be corrected.
11.3 Any material downloaded or otherwise obtained through the use of the F-MARC Website is 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 the download of any material through the F-MARC Website.
11.4 FIFA and F-MARC disclaim any warranty or representation that confidentiality of information transmitted through the F-MARC Website will be maintained. Commentary and other materials posted on or within the F-MARC Website are not intended to amount to advice on which reliance should be placed. No advice or information, whether oral or written, obtained by you from F-MARC, or through or from the F-MARC Website shall create any warranty or other obligation not expressly stated in the Terms and FIFA and F-MARC disclaim all liability and responsibility arising from any reliance placed upon such materials by any visitor to the F-MARC Website or by anyone who may be informed of any of its services or its contents. The treatment promoted as “best practice” is subject to change and only reflects F-MARC’s own experiences with no claim to be objectively accurate.
11.5 FIFA, through F-MARC, may grant you a football diploma in case you fulfill the requisites set by F-MARC. However, you understand that FIFA, through F-MARC, may refuse to grant you the football diploma acting in its own discretion. In such case, you waive your right to enforce the obtainment of such diploma via legal or any other channels.
You agree to indemnify and hold F-MARC, FIFA 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 without limitation reasonable legal fees, that may arise in connection with: (i) your use of and access to the F-MARC Website including, without limitation, any content contained within the F-MARC Website; (i) your use of your football diploma; (iii) your failure to comply with any provision of the Terms; or (iv) any claim by a third party that any use of the F-MARC Website by you infringes any intellectual property, other proprietary or privacy rights of such third party, or has otherwise caused damage to a third party.
13. Limitation of liability
You expressly acknowledge and agree that F-MARC, FIFA and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees 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 F-MARC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the F-MARC Website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the F-MARC Website; (iii) unauthorized access to, or alteration of, your transmissions of data; (iv) statements or conduct of any third party on the F-MARC Website; (v) results of the F-MARC Website, any of the F-MARC Website linked to it and any materials posted on it; or (vi) any other matter relating to the F-MARC Website.
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 F-MARC Website, must be filed within one (1) year after you obtained the football diploma (or, if you do not have a football diploma, at the time that such cause of action first arose).
14. 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 the two foregoing articles (indemnification and limitation of liability) 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 of FIFA and/or F-MARC or any other liability which cannot be excluded or limited under applicable law.
Notices by F-MARC to you may be made either by posting such notices on the F-MARC Website or via e-mail.
If F-MARC amends these Terms in any way, F-MARC shall place an updated version on this page of the F-MARC Website which shall have binding effect upon you immediately after you have agreed to and accepted the updated version.
16. General informations
16.1 These Terms (including the specific terms applicable to certain Services) constitute the entire agreement between you and FIFA/F-MARC governing your use of the F-MARC Website, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between you and FIFA/F-MARC, whether oral or written in respect to the F-MARC Website.
16.2 Any failure by FIFA/F-MARC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
16.3 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.
16.4 You may not assign or transfer any of your rights or obligations, or subcontract the performance of any of your obligations, under these Terms. Notwithstanding the foregoing, FIFA and/or F-MARC 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 (such consent hereby being given).
16.5 The Terms and the relationship between you and F-MARC shall be governed exclusively by the substantive laws of Switzerland.
16.6 All disputes in connection with these Terms are to be promptly settled between the parties by negotiation. If no solution can be reached, such disputes shall, to the exclusion of any court or other forum, be exclusively resolved by an arbitral tribunal consisting of three (3) arbitrators under the auspices of, and pursuant to, the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce. The seat of the arbitration shall be Zurich, Switzerland and the language of the proceedings shall be English. For the avoidance of any doubt, any determination made by the arbitral tribunal shall be final and binding on the parties.
Please report any violations of the Terms to F-MARC to our e-mail address email@example.com.