Sportdata is owned and operated by Sportdata Pty Limited
(Australian Company number ACN 096 059 933, ABN 42 096 059 933).
Your access to and use of Sportdata is subject to the following terms and conditions.
Terms & Conditions of Agreement between Sportdata and Users of the Service
1 Offer & Acceptance
1.1 By submitting your application for membership or user access or by logging on to this site, you offer to use Sportdata's Service on or subject to or in accordance with these terms and conditions.
1.2 By Sportdata issuing you with membership or by notifying you of your acceptance as a member or user or allowing you to log on, Sportdata accepts your offer.
2 Agreement in summary
2.1 Clause 17 sets out the meaning of important or key words or terminology used in this Agreement.
2.2 In this Agreement you agree to pay the Charges for the Service and to use the Service on these terms and conditions and Sportdata agrees to provide the Service on the relevant terms and conditions for as long as the Charges are paid.
2.3 You acknowledge and agree you do not own any data you supply or convey to Sportdata or any data produced by Sportdata and that the copyright associated with such data vests in Sportdata, but you are entitled to copy the data or supply it to any person of your choice while you have authorised access to the Service.
3 What you must do
3.1 You must take full or complete responsibility for the correctness or appropriateness of any data entered into the Sportdata Application for processing by you or persons authorised by you.
3.2 You must ensure all your members or persons authorised by you to use the Service enter the correct or appropriate data.
3.3 You must ensure all persons authorised by you to enter data for processing are registered with Sportdata and have their own User identification for logging on as a User and you must ensure that they do not allow any person to use their access to the Sportdata Website.
3.4 You must ensure that you or someone on your behalf regularly save or copy or print the data produced for your benefit through the Service in order to reduce your exposure to loss or damage or inconvenience as a result of Sportdata being unable to provide the Service for any reason whatsoever.
3.5 You must release Sportdata from any or all liability to you due to or as a result of the Service being unavailable or inaccessible to you or your members or other Users authorised by you to access the Service and you must not make any claim for compensation loss or damage against Sportdata due to the Service being unavailable or inaccessible to you or your members or other Users authorised by you to access the Service.
3.6 If there is any claim by you or any third party against Sportdata its officers, employees, agents and related bodies corporate arising directly or indirectly from a breach of your obligations under this Agreement you must indemnify Sportdata its officers, employees, agents and related bodies corporate against all liability, loss, damage, cost and expense (including legal fees and expenses incurred by Sportdata) which may arise directly or indirectly in respect of any such claim.
4 What you must not do
4.1 You must not:
(a) use Sportdata for any activities or post or transmit to or via Sportdata any information or materials which breach any laws or regulations, infringe a person's rights, or are contrary to any relevant standards or codes or cause or may cause any loss or damage to any person;
(b) use Sportdata in a way or post to or transmit to or via Sportdata any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying Sportdata;
(c) use Sportdata to send unsolicited electronic mail messages to anyone;
(d) make any fraudulent or speculative inquiries, bookings, reservations or requests using Sportdata;
(e) use another person's name user name or password without that person's permission or authorisation;
(f) post or transmit via Sportdata any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
(g) ensure that the data entered onto Sportdata does not infringe the intellectual property or other rights of any person;
(h) tamper with hinder the operation of or make unauthorized modifications to Sportdata;
(i) knowingly transmit any virus or other disabling feature to Sportdata or any of its Users; and
(j) attempt any of the above acts or permit another person to do any of the above acts.
4.3 You must not rely on or expect Sportdata to review or check your data submitted for processing by Sportdata.
4.4 Sportdata will refer to you all complaints in relation to data created for your benefit and you must not refuse to or fail to respond to any complaint in relation to this data within 7 days from the date on which Sportdata referred the complaint to you and you must advise Sportdata of the outcome.
5 Service to you
5.1 Sportdata will provide the Services to you for as long as you pay all Charges invoiced or billed to you by the due date for payment.
5.2 You must immediately notify Sportdata of any change in those details required from Users in the Application.
5.3 Sportdata will use all reasonable efforts to ensure the continuity and efficiency of the Service, but you accept and agree that Sportdata its officers, employees, agents and related bodies corporate do not guarantee the availability or continuity or efficiency of the Service, neither does Sportdata warrant that the Service is or will be fit for your purposes or needs or requirements.
5.4 If there is any claim by you or any third party against Sportdata its officers, employees, agents and related bodies corporate arising directly or indirectly from a breach of your acceptance in clause 5.3 of this Agreement you must indemnify Sportdata its officers, employees, agents and related bodies corporate against all liability, loss, damage, cost and expense (including legal fees and expenses incurred by Sportdata) which may arise directly or indirectly in respect of any such claim.
5.5 Sportdata may vary the technical configuration or the components of the Software Application at any time without notice to you.
6 Accessing Sportdata
6.1 You must (at your cost) provide and maintain all necessary terminal equipment, telecommunications services and software required to access or use the Service.
6.2 You must follow all procedures specified by Sportdata in relation to accessing, entering data and using the Service.
6.3 You must ensure that the data you supply or enter functions within any parameters specified by Sportdata from time to time, including the obligations in clause 4.
6.4 You must ensure that the data you enter relates solely or entirely to you or your members or club or the sporting activities conducted by or for you.
7 Charges products and services subject to change
7.1 All Charges displayed and Services are subject to change without any prior notice to you.
8 Charges and terms of payment
8.1 You must pay Sportdata the Charges for the Service by the specified dates.
8.2 Sportdata can invoice you for the Charges and you must pay all Charges displayed on the invoice.
8.3 The Charges may not include all taxes and you must pay all government taxes, duties, fees and other charges (including GST) payable on:
(a) this Agreement or the performance of this Agreement; and
(b) any payment, receipt or other transaction arising out of this Agreement.
9 Use of your information and material
9.1 When you send us any feedback, suggestions, ideas or other materials in relation to or Sportdata or the Service, you agree that Sportdata can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in relation to Confidential Information.
10 Disclaimer and limitation of Sportdata liability
10.1 To the extent permitted by law, neither Sportdata nor any of its officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered or incurred by you or claims made against you for using Sportdata or any failure by Sportdata to provide the Service.
10.2 To the extent permitted by law, all warranties, conditions and representations about Sportdata or the availability of Sportdata or the Service are excluded. If a term is implied by law into this Agreement and the law prohibits the exclusion of that term or the modification of liability under that term, then it will be included in this Agreement subject to the liability of Sportdata for breach of such term being limited to either (i) the supply of the services again or (ii) the payment of an amount equal to the cost of having the services supplied again.
10.3 Except as provided in clause 10.2 Sportdata gives no other warranties to you, express or implied with respect to Sportdata or the Service provided to you under this Agreement, and all such warranties are excluded.
11 Security and integrity
11.1 If Sportdata considers that your use of the Service is a threat to the security or proper functioning of Sportdata, Sportdata can immediately discontinue your access to the Service or terminate this Agreement.
11.2 For security reasons Sportdata may require you to re-authenticate yourself from time to time after a period of inactivity on the connection between your browser and the Sportdata servers. Sportdata is not responsible for any information you may lose if the Sportdata servers terminate your browser session due to prolonged periods of inactivity between your browser and the Sportdata servers.
12 Confidential Information
12.1 Subject to any other clause of this Agreement, each party agrees to strictly maintain the confidentiality of all Confidential Information of the other party disclosed, exchanged or otherwise provided under this Agreement. Neither party may use, copy, or disclose any Confidential Information of the other party except as contemplated by this Agreement.
12.2 A party may disclose Confidential Information of the other party if:
(a) the disclosure of that Confidential Information is permitted or required by law;
(b) the party whose Confidential Information is to be disclosed consents to the disclosure; or
(c) disclosure to a third party is necessary for the performance of a party's obligations under this Agreement, and the third party acknowledges the confidential nature of the Confidential Information and agrees to be bound by the provisions of this clause.
13 Changes
13.1 Sportdata may vary any of these terms and conditions at any time by amending or replacing the text comprising this Agreement and your use of the Service after such notice will constitute acceptance of the variation.
14 Term and termination
14.1 This Agreement will commence on the date of acceptance of your Application and continue until terminated by either party in accordance with this Agreement.
14.2 Either party may terminate this Agreement without cause on 30 days notice to the other party.
14.3 If in Sportdata's reasonable opinion you breach any of these terms and conditions Sportdata may suspend terminate or limit your access to Sportdata or terminate this Agreement effective immediately.
14.4 Sportdata may terminate this Agreement immediately if you:
(a) become insolvent or have a receiver, manager, administrator or liquidator appointed or appear likely to do so; or
(b) you do not pay any of the Charges due under this Agreement within 14 days from the date that the Charges fall due.
14.6 Upon the termination of this Agreement for any reason Sportdata can remove data related to you from the Sportdata Website.
15 Notices
15.1 Notices pursuant to this Agreement must be in writing and sent by prepaid registered post or facsimile or by email to the address of Sportdata and you your address as set out in the Application or to the address last notified.
15.2 A notice is taken to be received:
(a) in the case of a letter delivered by prepaid registered post, two days after the date of posting;
(b) in the case of a facsimile, on creation of an entry in a transmission log kept by the facsimile machine from which it was sent; and
(c) in the case of email, on the date of delivery.
16 Miscellaneous Assignment
16.1 You can not assign their rights and obligations under this Agreement without the prior written consent of Sportdata.
16.2 Sportdata can (without your consent) assign or novate its rights and obligations under this Agreement by notice to Users.
Waiver
16.3 No right under this Agreement will be taken to be waived except by notice in writing signed by the party entitled to waive such right.
16.4 A waiver by a party will not prejudice that party's rights in respect of any subsequent breach of this Agreement by the other party.
16.5 Any failure by a party to enforce any part of this Agreement, or any forbearance, delay or indulgence granted by the party, will not be construed as a waiver of the party's rights under this Agreement.
No reliance by Users
16.6 You warrant that you have not relied on any representation made by Sportdata which has not been expressly made in this Agreement or in any description or specifications contained in any other document supplied by Sportdata.
Entire Agreement
16.7 These terms and conditions (as amended from time to time) and the Application constitute the entire agreement between you and Sportdata and supersede all previous agreements, proposals, representations or negotiations, whether written or oral.
Survival
16.8 Clauses 3.5, 3.6, 5.4 and 12 survive termination of this Agreement.
Applicable law
16.9 This Agreement is governed by the laws in force in the Northern Territory of Australia and the parties submit to the non exclusive jurisdiction of Courts of the Northern Territory of Australia.
17 Meaning of words
17.1 In this Agreement these words have the following meaning:
Application means the application form for admission as a User appearing on this Sportdata Website and includes these terms and conditions.
Charges means the amounts of money in fees or remuneration payable by Users to Sportdata for the Service, such charges which can be determined varied increased or decreased by Sportdata from time to time without any prior notice to Users.
Commencement Date means the date on which the Service becomes available to the Users.
Confidential Information means all information exchanged between the parties, pursuant to this Agreement or in the course of or as a result of the provision of the Service, but excluding information that:
(a) is in the public domain or placed in the public domain by Users or authorised by Users to be placed in the public domain; or
(b) enters into the public domain other than by breach of this Agreement.
GST means the goods and services tax imposed by the Australian Federal Government from time to time on taxable goods and services supplied by Sportdata to Users.
Party or Parties means either the User or Sportdata or both, depending on the context used in.
Service Specifications means the Sportdata service specifications determined by Sportdata from time to time in relation to the Services.
Service means the Sportdata products data information and services produced by and made available to Users through the Sportdata Software Application (as varied amended or renamed by Sportdata from time to time) and, unless expressly excluded, includes Service Specifications.
Software Application means the integrated system of computer equipment, software and telecommunications services that comprise the infrastructure which allows Sportdata to provide the Service.
Sportdata means Sportdata Pty Ltd (ACN 096 059 933, ABN 42 096 059 933).
Sportdata Website means the web site at the URL http://sportdata.com.au
User means a person whose Application for membership or user access has been accepted by Sportdata or someone who has been authorised by a User to access and use the Service. A reference to "User" includes a reference to "you" or "your" and vice versa.
Web means the World Wide Web.
17.2 In this Agreement unless the contrary intention appears:
(a) terms defined in the Application have the same meanings when used in these terms and conditions;
(b) a reference to this Agreement includes the Application and each of the Schedules and Annexure to these terms and conditions and all information contained or attached to the Schedules.
17.3 Headings are inserted for convenience and do not affect the interpretation of this Agreement.