The Foundation of Hearts

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Terms and Conditions

Terms and Conditions
Maroon Points Scheme – Tynecastle Virtual Souvenir Plots
 
Under the Maroon Points Scheme (the Scheme), members of the Foundation will automatically receive loyalty points on each pound of their donations to the Foundation and qualifying spendwith the Club.  The loyalty points they collect will confer eligibility for a range of acknowledgments and privileges.  This document sets out the terms and conditions relating to one of the privileges – the distribution of squares (virtual souvenir plots) on the pitch at Tynecastle Stadium.

1.​Glossary

In these terms and conditions:

“Bidco” means Bidco (1874) Limited (company number SC466630);
“Club” means Heart of Midlothian plc (company number SC005863), the owner of the Stadium;
“Foundation”, “we” or “us” means Foundation of Hearts Limited (company number SC387126);
“Square” means a plot of ground, 0.5 square yards in area, located on the pitch at the Stadium and having a unique plot identity number;
“Stadium” means Tynecastle Stadium, McLeod Street, Edinburgh;
“You” or “you” means you, each individual who has collected sufficient loyalty points to qualify under the Scheme for the allocation of a Square subject to these terms and conditions.  A person is “connected” with you if they are a friend or relative.

2.​Your entitlement

When you qualify under the Scheme, a Square will be exclusively allocated to you by us, free of charge.  The location of the Square on the pitch will be selected by us at our discretion, but if you have a preference as to location, you can ask us to take this into account.

We will give you a personally-named certificate of entitlement to your Square which can be framed and displayed.  A grid of the pitch, showing the members of the Foundation who holdSquares, will be displayed by us on our website, and, unless you request that your allocation remains confidential, we will include it in the display.  Other arrangements will be put in place so that your support of the Foundation is suitably recognised and acknowledged by us.

No individual may be allocated more than1 Square.

3.​Further information about your Square

A Square is given by us to mark an individual’s loyalty, support and generosity to the Foundation and the Club.  We anticipate it will have sentimental value, but it is not intended to have any practical utility.  While it gives an individual permission to go onto the land in accordance with these terms and conditions (see below), it does not create any estate, interest or right in or over land, or confer permission to occupy or use the Square for any purpose.  In particular, it does not create any landlord and tenant relationship between the Club and the holder of a Square, or confer any right of ownership.  No application can be made to record or register an entitlement to a Square (or any larger area including a Square) in any public register of interests in land in Scotland.

Holding a Square does not give any right to restrict access overthat Square, or any right to in any way prejudice the ownership, occupation or use of the Square, the pitch or the Stadium.  In the event that the Club proposes to grant a security over, sell or lease the Stadium (or any part of it), the consent of the holders of Squares will not be required, and, in the event of any sale, holders will not be entitled to any proceeds arising from it.

In relation to your Square, you must not:
(i)​interfere with the full and free exercise by the Club of its rights as owner and occupier of the Stadium, or cause any nuisance or inconvenience to the Club;
(ii)​do anything to damage the Square (or any surrounding area) or alter its condition or location.  If damage is caused, we may require you to pay proper compensation to the Club, unless you took all reasonable steps to avoid thedamage;
(iii)​erect, place or display on the Square (or any surrounding area) any structure, sign, flag or other item;
(iv)​bring onto the Square (or any surrounding area) any article or thing which is or might become dangerous or offensive;
(v)​bury any item;
(vi)​behave in an inappropriate manner; or
(vii)​(except with the permission of the Foundation and the Club) engage in any business or commercial activities or seek to derive any fee or income from the Square.

Subject always to these terms and conditions, you can have access over the pitch to your Square, along with persons connected with you.  Access can only be by prior arrangement with the Club at such time or times as the Club determines, and the Club reserves the right to refuse or restrict access without any explanation being required.  Access can only be by foot, and you must comply at all times with such rules and notices as the Club imposes.  Access by you (and any connected persons) is at your (and their) own risk.  These terms and conditions do not create any access right to or over Squares (or any of them)except as expressly stated in this paragraph.

In the event that the Club proposes to convert the pitch at the Stadium into a synthetic or artificial playing surface, no approval from the holders of Squares will be required.
Your entitlement to a Square cannot be exchanged for cash or sold.  You may gift the Square in your lifetime or by will, provided the recipient of the Square is someone acceptable to us.

4.​Other information

We can suspend or cancel your entitlement to a Square if, in our reasonable opinion, there has been a serious failure by you to comply with your responsibilities under paragraph 3 above, or you are using your Square in a way which is contrary to the spirit and intent of these terms and conditions.

We also reserve the right to discontinue the scheme for allocation of Squares and cancel all existing entitlements by giving the holders of Squares at least 30 days’ notice in writing (including by e-mail or text message) without any explanation being required.  In the event that the Club permanently ceases to use the pitch at the Stadium as the field of play for its home matches, all entitlements to Squares will be automatically cancelled.

We may change these terms and conditions.  We will not notify you individually of such changes.  You should read the latest version of these terms and conditions on our website to ensure you are happy with any changes.

The allocation of Squares is subject to availability.

These terms and conditions are intended to have legal effect, and each individual who holds a Square must comply with them.  Scots law applies to the terms and conditions.

These terms and conditions will apply as between you and us, and not anyone else.  In particular, they will not be enforceable by you against the Club or Bidco, and they do not create any agency, partnership or joint venture relationship between us and the Club, or between us and Bidco.

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