Welcome to PlaySport. These Terms and Conditions govern your use of the PlaySport platform, including our website, mobile applications, and related services.
By accessing or using PlaySport, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
1. Definitions
In these Terms and Conditions:
- "PlaySport", "we", "us", or "our" refers to PlaySport Pty Ltd and its affiliates.
- "Platform" refers to the PlaySport website, mobile applications, and all related services.
- "User", "you", or "your" refers to any individual or entity accessing or using the Platform.
- "Club" or "Organiser" refers to sports clubs, organisations, or individuals who use the Platform to manage their activities.
- "Player" or "Participant" refers to individuals who participate in activities organised through the Platform.
- "Content" refers to any text, images, videos, or other materials uploaded, posted, or transmitted through the Platform.
2. Account Registration
2.1 Eligibility
To use certain features of the Platform, you must create an account. You must be at least 16 years old to create an account. If you are under 18, you must have parental or guardian consent.
2.2 Account Information
You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials.
2.3 Account Security
You are responsible for all activities that occur under your account. You must immediately notify us of any unauthorised use of your account or any other security breach.
3. Use of the Platform
3.1 Permitted Use
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Platform in any way that violates applicable laws or regulations
- Impersonate any person or entity or misrepresent your affiliation
- Interfere with or disrupt the Platform or servers
- Attempt to gain unauthorised access to any part of the Platform
- Use the Platform to transmit harmful code or malware
- Harvest or collect user information without consent
3.2 User Content
You retain ownership of any Content you submit to the Platform. By submitting Content, you grant PlaySport a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and display such Content for the purpose of operating and improving the Platform.
3.3 Prohibited Content
You agree not to upload, post, or transmit any Content that:
- Is unlawful, harmful, threatening, abusive, or harassing
- Is defamatory, obscene, or invasive of privacy
- Infringes any patent, trademark, copyright, or other proprietary rights
- Contains software viruses or harmful code
- Constitutes unsolicited advertising or spam
4. Club and Organiser Terms
4.1 Club Responsibilities
Clubs and Organisers using the Platform agree to:
- Provide accurate information about their organisation and activities
- Comply with all applicable laws, including those relating to safeguarding minors
- Maintain appropriate insurance coverage for their activities
- Obtain necessary consents from participants for data collection and processing
- Use the Platform features responsibly and in good faith
4.2 Activity Management
Clubs are responsible for the accuracy of activity listings, including schedules, locations, pricing, and eligibility requirements. PlaySport does not guarantee the accuracy of information provided by Clubs.
4.3 Participant Safety
Clubs are solely responsible for the safety of participants at their activities. PlaySport is not liable for any injuries, damages, or losses arising from participation in activities organised through the Platform.
5. Payments and Fees
5.1 Platform Fees
PlaySport may charge fees for certain Platform features or services. Any applicable fees will be clearly disclosed before you incur them.
5.2 Payment Processing
Payments made through the Platform are processed by third-party payment processors. By making a payment, you agree to the terms and conditions of the applicable payment processor.
5.3 Refunds
Refund policies for activity fees are determined by the respective Clubs. PlaySport does not control refund policies and is not responsible for refund disputes between Clubs and Participants.
5.4 Currency
All fees and payments are processed in the local currency of the Club unless otherwise specified.
6. Intellectual Property
6.1 PlaySport IP
The Platform, including its design, features, functionality, and content (excluding User Content), is owned by PlaySport and is protected by copyright, trademark, and other intellectual property laws.
6.2 Limited Licence
We grant you a limited, non-exclusive, non-transferable licence to access and use the Platform for its intended purpose, subject to these Terms.
6.3 Restrictions
You may not copy, modify, distribute, sell, or lease any part of the Platform, nor may you reverse engineer or attempt to extract the source code of the Platform.
7. Privacy and Data Protection
7.1 Privacy Policy
Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.
7.2 Data Processing
By using the Platform, you consent to the collection and processing of your personal data as described in our Privacy Policy.
7.3 Third-Party Services
The Platform may integrate with third-party services. Your use of such services is subject to their respective terms and privacy policies.
8. Disclaimers and Limitations of Liability
8.1 Platform Availability
The Platform is provided "as is" and "as available" without warranties of any kind. We do not guarantee that the Platform will be uninterrupted, error-free, or secure.
8.2 No Endorsement
PlaySport does not endorse or guarantee any Clubs, activities, or services offered through the Platform. Any transactions between Users and Clubs are solely between those parties.
8.3 Limitation of Liability
To the maximum extent permitted by law, PlaySport shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Platform.
8.4 Maximum Liability
Our total liability to you for any claims arising from your use of the Platform shall not exceed the amount you have paid to PlaySport in the twelve months preceding the claim.
9. Indemnification
You agree to indemnify, defend, and hold harmless PlaySport and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from:
- Your use of the Platform
- Your violation of these Terms
- Your violation of any third-party rights
- Any Content you submit to the Platform
10. Termination
10.1 Termination by You
You may terminate your account at any time by contacting us or using the account deletion feature in the Platform.
10.2 Termination by PlaySport
We may suspend or terminate your account at any time, with or without cause, with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms or harmful conduct.
10.3 Effect of Termination
Upon termination, your right to use the Platform will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
11. Dispute Resolution
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which PlaySport operates, without regard to conflict of law principles.
11.2 Informal Resolution
Before initiating any formal dispute resolution procedure, you agree to first contact us to attempt to resolve any dispute informally.
11.3 Jurisdiction
Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts in the jurisdiction where PlaySport is headquartered.
12. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform or by other means. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms.
13. General Provisions
13.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on the Platform, constitute the entire agreement between you and PlaySport regarding your use of the Platform.
13.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
13.3 Waiver
Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or the right to enforce it.
13.4 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
13.5 Contact
If you have any questions about these Terms, please contact us at:
Email: legal@playsport.com
Address: PlaySport Pty Ltd, Sydney, Australia
These Terms and Conditions were last updated in June 2020.