Platform Terms of Use
1

Acceptance of Terms

1.1

This website, application, platform and any service offered under the name “Sportsblock” (Platform) is operated and owned by Sportsblock Pty Limited (ACN 619 133 612) and its related entities or body corporates ('us', 'we' and 'our’).

1.2

Your use of this Platform is strictly subject to these terms of use and any other policy displayed on the Platform (together, the ‘Terms’). Every time you use this Platform, you indicate that you have read, understood, and accepted to be bound by these Terms. If you do not agree to be bound by these Terms, you must not use the Platform.

1.3

We may amend or modify the Platform, the Terms and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective 14 days upon publication on the Platform. Your continued use of the Platform following such modifications will be deemed as acceptance of these modifications.

1.4

These Terms will prevail over any other terms or agreement between you and us.

2

Definitions

2.1

Unless the context expressly provides otherwise, in these Terms:

Copyright Act means the Copyright Act 1968.

Event(s) mean the sporting events and competitions held by the Organiser via the Platform.

GST means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

Intellectual Property Rights means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semiconductor topography rights and rights in designs).

Organiser means a User organising an Event through the Platform.

Platform means this website, app, platform and any service offered under the name “Sportsblock”.

Player means the User choosing to participate in an Event.

Privacy Policy means our Privacy Policy available here.

Registration Fee means the total fee chargeable by the Organiser for an Event.

State means New South Wales, Australia.

Team means a team of Players signing up for an Event.

Terms means these terms of use which include the Privacy Policy.

Transaction Fee means the fee we charge Players when they enter into a Booking Agreement, which is set out on the Platform and subject to change from time to time. The Transaction Fee is in place to cover our costs of providing the service, including without limitation Platform upkeep and maintenance and customer service.

Uploaded Content means any content whatsoever which you upload to the Platform, including but not limited to, any text, graphics, photos, designs, trademarks, artwork, descriptions, reviews, usage data, feedback, comments, chats and media.

User means any person using or registering on the Platform whatsoever, whether as an Organiser or a Player.

Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.

we, us and our means Sportsblock Pty Limited (ACN 619 133 612) and its related entities or body corporates.

you and your means any person who uses or accesses the Platform, including any User.

3

Warrant of authority

3.1

Your use of the Platform is conditional on you being over 18, or if a minor then you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a minor to create an account, you agree to exercise supervision over the minor's use of our Platform and the account and assume all risks associated with the minor's use of our Platform and their account, including the transmission of content or information to and from third parties via the internet.

3.2

Accordingly, by using the Platform, you warrant this to us. If the above conditions are not satisfied, please cease using the Platform immediately.

4

Registration

4.1

You may be required to be a registered member to access certain features of our website.

4.2

When you register and activate your account, you will provide us with personal information such as your name and email address and other details. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

4.3

When you register and activate your account, you will create a username and password. You are responsible for keeping your username and password secure and are responsible for all use and activity carried out under this user name. You must not share its account credentials with any third party. We do not authorise anyone to use the Platform on your behalf (this does not include where you have provided delegated access through the Platform), and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.

4.4

On registration, we may also ask for any other information which we may deem reasonably necessary to enable you to enjoy the benefits of the Platform. We may require you to provide evidence and documents confirming certain information.

4.5

If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform.

4.6

You must not impersonate some other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended, and legal action may be taken against you.

4.7

You agree not to create an account or use the Platform if you have been previously removed or suspended by us from the use of the Platform, unless we provide our prior written consent.

4.8

We may also, in our absolute discretion, refuse registration to any User or prohibit any registered User from accessing the Platform, without assigning any reason whatsoever.

4.9

We collect personal information about you in order to provide you with services, register your account and for purposes otherwise set out in our Privacy Policy. You acknowledge that your email id may be viewed by all other Users on the Platform and you expressly consent to such disclosure. If you do not agree to such disclosure, you must not use the Platform. We may also disclose personal information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services or products to you. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

5

Uploaded Content

5.1

Where the Platform allows you to upload any content whatsoever to the Platform (Uploaded Content), you:

  1. grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Uploaded Content in any way (including, without limitation, by reproducing, modifying, and communicating the Uploaded Content to the public) and permit us to authorise any other person to do the same thing;
  2. to the full extent permitted by law, consent to any act or omission by us which would otherwise constitute an infringement of your moral rights under the Copyright Act in relation to the Uploaded Content; and
  3. acknowledge and agree that we may delete, modify, or otherwise exploit in any manner contemplated by the Copyright Act any of Uploaded Content submitted to or via the Platform by you.
5.2

In each instance when you upload any Uploaded Content to or via the Platform, you:

  1. represent and warrant to us that you have all right, title, interest and authority in the Uploaded Content which is necessary to grant the licences and consents set out in clauses 5.1(a) and 5.1(b);
  2. represent and warrant to us that you have the permission to use the name and likeness of each person whose image appears in any Uploaded Content in the manner contemplated by these Terms;
  3. represent and warrant to us that the use or exploitation of Uploaded Content by us or any other User of the Platform will not infringe the rights of any third party (including, but are not limited to, intellectual property rights and privacy rights);
  4. agree and undertake to us to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the Uploaded Content to or via the Platform;
  5. must not upload any Uploaded Content:
    1. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
    2. that would bring us or the Platform into disrepute;
    3. that you know (or ought reasonably to suspect) is false, misleading, untruthful or inaccurate;
    4. that contains unsolicited or unauthorised advertising (including junk mail or spam); or
    5. that contains computer or software viruses, files or programs that are designed to interfere with the ordinary functionality of the Platform, or obtain unauthorised access to any system, information, security device belonging to us or any third party;
  6. agree that it is your responsibility to back up any of Uploaded Content to your own systems. We do not guarantee that the Platform will always be available at all times;
  7. agree that we can store Uploaded Content in our servers; and
  8. to the maximum extent permitted by law, release us and indemnify us from any claim or loss in relation to Uploaded Content being stored in our servers.
5.3

This clause 5 will survive termination of these Terms.

6

Your conduct

6.1

In using the Platform, you must:

  1. act in a courteous and polite manner to us, our representatives and agents, and all other Users and do not engage in any anti-social activity or behaviour, fraudulent conduct or any other conduct intended to interfere with the orderly conduct of business on the Platform;
  2. strictly comply with any policy displayed on our Platform;
  3. obey all laws whatsoever (including international law) which may apply in respect of your use of the Platform and any activities contemplated by or related to the Platform and do not carry out any fraud or other illegal activity whatsoever;
  4. not take any action that is likely to impose upon the Platform or our (or its third-party service providers) a disproportionately large load;
  5. not interfere with the proper working of the Platform or any activities conducted via the Platform, including by using any automated or manual software or process to "crawl", "spider" or engage in similar conduct in relation to the Platform; and
  6. except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Platform.
7

This Platform

7.1

This Platform is a marketplace and platform that allows the Organisers to list their upcoming Events (which includes organising and running competitions) and the Players to sign-up and participate in such listed Events. This Platform merely acts as the platform which advertises and collates the Event information and helps Players and Organisers find each other.

7.2

The signing-up process for any Event is set out below:

  1. Organisers may create an Event listing and set out all material details of the Event, including the Registration Fees, number of players required to form a team, the spots available for booking the Event and any special conditions applicable to the Players participating in the Event (Listing Terms). This listing constitutes an offer by the Organiser inviting the Players to sign-up for the Event.
  2. Prior to booking any spot for the Event, every Player of the Team must review the Listing Terms and ensure that the Player meets any minimum age, proficiency, fitness or other terms and conditions of the Event. If the minimum number of Players required to form a team signs-up for the Event and pays the Registration Fee as per clause 8, it will constitute an acceptance by the Players of the Listing Terms and the Organiser and the Players will be deemed to have entered into a separate booking agreement (Booking Agreement).
  3. Any confirmation/voucher issued by the Organiser directly or through the Platform to the Players will form a part of the Booking Agreement.
  4. Event listings are non-binding and may be revoked or modified at any time. A binding agreement is only formed once a Booking Agreement is entered into in accordance with clause 7.2(b).
  5. We reserve the right to delist or cancel any Event in our sole discretion.
7.3

Unless expressly stated otherwise, we are not the Organiser of any Event and we are not associated with those Events or the Organisers of the Event in any way.

7.3

We encourage all Users to obtain the necessary insurances as may be applicable to them in relation to any Event. Every Organiser will be responsible to obtain the applicable insurance in relation to the Events organised by them from time to time and every Player must check and enquire about the adequacy of the insurances so obtained or to be obtained by the Organisers for the Event in which the Player is participating. In case the Players are required to obtain any insurance coverage before participating in any Event, the Organiser must inform the Players in advance regarding any such requirement. We will not be responsible or liable in any manner for the failure of the Users to obtain the insurance or inadequacy of any insurance so obtained by the Users in relation to the Events.

8

Fees

8.1

Every Event listing will specify the total Registration Fee chargeable by the Organiser for the Event. The total Registration Fee for every Event will be payable by the Team which may be paid in full by any one Player representing the Team or may be paid by the Players using split payment method where the Registration Fee will be divided and payable equally by all Players of the Team participating in the Event (Split Payment Method). The chosen spot for the Event will be reserved by the Organiser for the Team for a duration of 24 hours from the initial booking time within which the entire Registration Fee must be paid by the Players. Upon receipt of full Registration Fee by the Organiser (either paid by one-time full payment or by all Players of the Team by Split Payment Method), the booking of the desired spot of the Event by the Team will be deemed complete and confirmed.

8.2

We are entitled to charge the Transaction Fee on every transaction made for payment of Registration Fee through the Platform, which will be payable by the Player over and above the Registration Fee paid by every Player.

8.3

All payments and fees payable in connection with the Event and the Platform (including but not limited to the Registration Fee and the Transaction Fee) must be paid using ‘Stripe’ or any other payment service provider (PSP) that is being used on the Platform at the relevant time.

8.4

You may be required to create an account with the PSP available on the Platform and accept their terms of use. You must also pay the processing charges levied by the PSP at the applicable rates (PSP Charges). You warrant to us that you will strictly comply with the relevant terms of use of the PSP. You may also be required to provide all relevant information and documents to the PSP as may be necessary to complete their customer verification process.

8.5

If the Players of a Team choose to pay the Registration Fee using Split Payment Method, the Registration Fee paid by every Player will be held in the PSP account by the Platform for a period of 24 hours from the time the desired spot for an Event was booked. Once all Players make the payment, PSP will release the Registration Fee to the Organiser. Until such release, the Platform will have the sole right and control over the Registration Fee and it may withhold any payments or deal with other payment related issues arising in relation to the Event in any manner it deems fit.

8.6

If any Players of a Team do not pay their share of the Registration Fee within 24 hours from the initial booking time, the spot booked by the Team for the Event will be released by the Organiser and will be open to be booked by other Users of the Platform. In such case, the Registration Fee paid by the Players will be refunded to the Players subject to the terms below:

  1. The Transaction Fee paid by the Player for a cancelled Event will be refunded to the Player; and
  2. The PSP Charges is strictly non-refundable and will not be refunded to the Player.
8.7

In any case other than as specified in clause 8.6, the Transaction Fee will be strictly non-refundable unless determined otherwise at our sole discretion.

8.8

If the Organiser decides to cancel any Event for any reason, the refund of the Registration Fee will be determined as below:

  1. If the Registration Fee is still held in the PSP account and has not been disbursed to the Organiser, the Registration Fee may be refunded to the Players via the Platform;
  2. If the Registration Fee has already been disbursed from the PSP account to the Organiser by the Platform, any refund of the Registration Fee cannot be carried out through the Platform. The Organiser must refund the Registration Fee externally, namely, outside of the Platform. However, we will not be responsible for any delays or defaults by the Organiser or any claims arising from this; and
  3. the Transaction Fee and any PSP Charges will not be refundable.
8.9

We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Platform. If we implement a new or modified fee, we will give you advanced notice such as by posting changes on our Platform or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in AUD. All fees are exclusive of applicable GST and other federal, state, local, or other taxes.

8.10

You may receive offers from third parties from time to time, such as discounts, sponsorships, or other benefits. We are not involved in any dealings or payments between you and such third parties, and these Terms do not govern such transactions.

9

Our Role

9.1

You agree and acknowledge as follows:

  1. Our sole service to you is providing you with access to the Platform;
  2. We take no responsibility for the hosting of an Event or any liability howsoever arising from any Event;
  3. We do not endorse any Event or set or control the prices displayed for the listed Event;
  4. The Booking Agreement is a separate agreement directly between the Player and the Organiser. We are not a party to the Booking Agreement in any way, and its formation will not, under any circumstance, create any relationship of employment, agency, partnership or otherwise between us and you, or us and any User;
  5. Each Organiser is an independent person separate and independent from our business. There is no relationship between us and the Organiser beyond that of independent contractors;
  6. Each Player is an independent person separate and independent from our business. There is no relationship between us and the Player beyond that of independent contractors;
  7. We only act as an intermediary between the Player and the Organiser and our responsibilities under these Terms are limited to facilitating the availability of the Platform and facilitating the Registration Fee on behalf of the Organisers via the Platform;
  8. In relation to each Booking Agreement, it is the Player, not us, who will be solely liable for payment of the Registration Fee. We merely act a facilitator for such payment on the Platform and we will not be liable for the Registration Fee under any circumstance. You agree that you will not pursue any actions, legal or otherwise, against us for any non-payment, and that this provision constitutes a bar to any such actions or proceedings;
  9. By using the Platform, you agree that any legal remedy or liability that you seek to obtain which arise from or is related to an Event will be limited to a claim against the particular User or other third parties who caused you harm. You agree not to attempt to impose liability on us, or seek any legal remedy from us with respect to the Events. Accordingly, you provide us with the indemnities and releases in clause 14;
  10. We do not provide any insurance to any User, and it is your sole responsibility to arrange your own insurance or to insist another User obtain insurance, prior to entering into a Booking Agreement; and
  11. You will not breach any term of the Booking Agreement.

10

Intellectual Property Rights

10.1

Except where otherwise indicated, we are the sole owners or licensee of all intellectual property comprised in the Platform (including all intellectual property comprised in the Platform content), and nothing in these Terms constitutes a transfer of any intellectual property rights in or related to the Platform or Platform content.

10.2

You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.

10.3

You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Platform content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.

10.4

You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 10 and that equitable or injunctive relief may be necessary.

11

Third-party sites

11.1

The Platform may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.

11.2

You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:

  1. you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;
  2. we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and
  3. you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Platform.

12

Disclaimer

12.1

We may offer services or products on this Platform, or we may give information in relation to Events, services or products offered by third-parties, including people advertising various sporting events or competitions. We do not guarantee the accuracy of that information, or that the information is complete or up to date, or make any representations as to the suitability, quality or any other aspect of those Events in relation to your circumstances. You should always seek to make your own enquiries and not rely on any information provided on this Platform. We take no liability for the actions of any third-parties (including any other Users of the website whether registered or not) offering Events, services or products on this Platform, or any representation they make.

12.2

The information contained in this Platform contains opinions and indicators only, which should not be relied upon to make business decisions.

12.3

To the full extent permitted by law and subject always to clause 13.5, the Platform is provided to you “as is” and on an “as available” basis, without any representation or endorsement made and without Warranties of any kind (whether express or implied). We do not guarantee continuous, uninterrupted or secure access to the Platform, or that its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected. To the extent permitted by law, we have no liability to you whatsoever for loss or costs of any kind you suffer as a result of or in connection with any disruption or other difficulties in using the Platform.

12.4

This clause 12 survives the termination or expiration of these Terms.

13

Warranties and limitation of liability

13.1

To the full extent permitted by law, and subject always to clause 7.4, we exclude all Warranties whatsoever other than those expressly set out in these Terms including but not limited to in relation to any other User of the Platform.

13.2

To the full extent permitted by law, and subject always to clause 7.4, we exclude all liability to you for any loss or damage suffered or incurred by you in the course of or as a result of using the Platform, whether in contract, negligence or other tort, breach of any statutory duty, or otherwise, including loss or damage suffered by you, including but not limited to in connection with:

  1. any decisions that you may make on the basis of information or material contained on the Platform; and
  2. your use of the Platform or any third-party website which has been accessed via the Platform (including damage suffered as a result of software or other viruses to which you may have been exposed in the course of using the Platform).

13.3

Our liability arising in connection with these Terms or the Platform is limited as follows: To the full extent permitted by law, and subject always to clause 7.4, we exclude all liability to you for any loss or damage suffered or incurred by you in the course of or as a result of using the Platform, whether in contract, negligence or other tort, breach of any statutory duty, or otherwise, including loss or damage suffered by you, including but not limited to in connection with:

  1. we exclude all liability for consequential, special, indirect or remote loss, including loss of opportunity or business;
  2. our liability is excluded to the extent that you contributed to the liability;
  3. we exclude all liability for anything you have been aware of for longer than six months and you have not commenced a claim; and
  4. our liability is subject to your duty to mitigate your loss.

13.4

In the event that we terminate the Platform or your access to the Platform pursuant to these Terms, you release us from all liability for any loss or damage suffered by you as result of or arising out of such termination.

13.5

To the extent that any law restricts our right to exclude Warranties under these Terms, these Terms must be read subject to those statutory provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, notwithstanding any other provision of these Terms, to the extent that we are entitled to do so, we limit our liability pursuant to such provisions:

  1. in the case of goods:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the payment of the cost of replacing the goods or of acquiring equivalent goods; and
  2. in the case of services:
    1. the supply of the services again; or
    2. the payment of the cost of having the services supplied again.

13.6

All subclauses of this clause 13 are cumulative to one another.

13.7

This clause 13 will survive termination or expiration of these Terms.

14

Release and indemnity

14.1

To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

14.2

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.

14.3

You agree to promptly notify us of any third party Claims, cooperate with all Released Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, legal fees). You agree not to settle any Claim without our prior written consent.

14.4

In this clause:

  1. Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
  2. Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
  3. Released Parties means us and our officers, directors, shareholders, agents, employees, consultants, associates, affiliates, subsidiaries, related parties, related body corporates, sponsors, and other third-party partners.
  4. Relevant Matter means anything in connection with:
    1. any damage to person, property, personal injury or death;
    2. any User;
    3. any Event or your conduct or participation in any Event;
    4. your breach of these Terms;
    5. any matter for which we have purported to disclaim liability for under these Terms;
    6. Uploaded Content;
    7. your use, misuse, or abuse of the Platform; and
    8. your breach or failure to observe any applicable law.

14.5

This clause 14 will survive the termination or expiration of these Terms.

15

Termination

15.1

These Terms terminate automatically if we cease to operate the Platform for any reason.

15.2

You acknowledge and agree that:

  1. we may terminate your access to the Platform at any time without giving any explanation.
  2. we may terminate these Terms and your access to the Platform immediately by notice to you in writing if you are deemed to breach these Terms or associated policies in any way, in our sole discretion.
  3. termination of these Terms or your access to the Platform does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.

16

General

16.1

You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

16.2

If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

16.3

These Terms are governed by the laws of the State and each party submits to the jurisdiction of the courts of the State and all courts of appeal therefrom.

16.4

Any waiver of any term on these Terms by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.

16.5

The contents of these Terms constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.

16.6

A provision of these Terms which can and is intended to operate after its conclusion will remain in full force and effect – including all indemnities and releases.