Manchester City Football Club SMS Terms of Service
By opting in to Man City SMS updates from Manchester City Football Club Limited (“Man City”), you accept these Terms of Service. By submitting your details, you also agree to the use of your data by City Football Group Limited, Man City and its affiliates in accordance with our Privacy Policy. We use your data to personalise and improve your experience on our platforms; provide services you request and learn about your interests. Consent is not a condition of any purchase.
This SMS service sends marketing and promotional messages about competitions, new signings, ticket alerts, club news, merchandise discounts and releases, and partner offers. Message frequency may vary. We may send you an initial message providing details about the service after you opt-in.
We do not charge you for the messages you send or receive via this text message service. But message and data rates may apply, so you may be charged by your mobile phone network or other applicable provider, depending on your plan.
Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Carriers are not liable for delayed or undelivered messages.
The Man City SMS update service is currently available only to fans based in the United Kingdom and the United States of America. We do not presently operate SMS marketing in other regions.
OPTING OUT OF TEXT MESSAGES
You can ask us to stop sending you Man City updates by SMS at any time. In each message we send you, there will be an ‘unsubscribe’ option, if you follow these instructions we will stop sending the messages.
If you no longer want to receive Man City updates via SMS, you can update your preferences by deselecting SMS under the HOW WE CONTACT YOU section of your Preference Centre: https://profile.mancity.com/UserPreferences
You can also opt-out via text message:
· In the UK, text STOP to the number specified on the last text message you received from Man City.
· In the USA, reply STOP to the last text message you received from Man City.
Where you have opted out via SMS, we will send a final SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. Instructions for how to opt back in will be included in this final message, or you can update your preferences at any time in your Preference Centre.
You can also send us a message to [email protected] if you have any questions, want us to stop sending you messages or want to change any of the information you have given to us.
You can also reply HELP for help or visit our Help and Support page for more information and find out the best ways to contact the Club: https://www.mancity.com/help.
UK ONLY – DISPUTE RESOLUTION AND NOTICES
a. Notices. Notices or communications relating to these Terms of Service must be sent to Manchester City Football Club, City Football HQ, 400 Ashton New Road, Manchester, England, M11 4TQ. Copies of all written notices from you should be simultaneously sent by email to [email protected].
b. Governing law and jurisdiction. These Terms of Service and all disputes in connection with it are governed by the laws of England and Wales. You and Man City accept the exclusive jurisdiction of the English courts.
USA ONLY – DISPUTE RESOLUTION
a. General. In the interest of resolving disputes between you and Man City in the most expedient and cost effective manner, you and Man City agree that any dispute arising out of or in any way
related to these Terms of Service or your receipt of SMS messages from Man City or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms of Service, or your receipt of text messages from Man City or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS OF SERVICE, YOU AND MAN CITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS OF SERVICE SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
b. Exceptions. Notwithstanding subsection (a) above, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of you or Man City to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and Man City will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“) of the American Arbitration Association (“AAA“), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Man City. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process. If you or Man City intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by post, with a copy to [email protected] (“Notice“). Man City’s address for Notice is: Manchester City Football Club, City Football HQ, 400 Ashton New Road, Manchester, England, M11 4TQ. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand“). You and Man City will make good faith efforts to resolve the claim directly, but if you and Man City do not reach an agreement to do so within 30 days after the Notice is received, you or Man City may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Man City must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Man City for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Man City agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Man City made within 14 days of the arbitrator’s ruling on the merits.
e. No Class Actions. YOU AND MAN CITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Man City agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
f. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Terms of Service, if Man City makes any future change to this arbitration provision, other than a change to Man City’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Man City’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Man City.
g. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Terms of Service is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Terms of Service shall remain in full force and effect.