Thank you for visiting www.sportsplaya.com.au (“the Website”), an online platform that allows the posting of sporting data (the “profile”) between:
individual, business and corporate users of the Website who need a sporting achievement fulfilled (the “People Achievers”); and
individual, business and corporate users of the Website who want to search for sporting individuals to fulfil a sporting role for a fee agreed to between the parties (the “Seekers”). (collectively referred to as the “Services”)
The Website is operated by Sports Playa (“Sports Playa”). Access to and use of the Website, or any of its associated products or services, is provided by Sports Playa. Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or signing up for use of the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
Sports Playa reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Sports Playa updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by registering for the Services and/or accepting the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Sports Playa in the user interface of the Website.
In order to access the Services, you are required to register for an account with Sports Playa (the “Account”).
As part of the registration process, or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification, contact details, sporting results, qualifications, interests and past sporting history). You will also be requested to provide Sports Playa with:
an email address and/or preferred username; and
You agree that any registration information you give to Sports Playa will always be accurate, correct and up to date.
Once you have completed the registration process you will be a registered user of the Website (the “User”) and agree to be bound by these Terms.
You may not use the Services and may not accept the Terms if:
you are not of legal age to form a binding contract with Sports Playa; or
you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Subscription to use the Services
Once you have registered as a User, you will also be given the opportunity to purchase a subscription through the Website (the “Subscription”) through the payment of a monthly subscription fee (the “Subscription Fee”).
Sports Playa will provide a variety of Subscription options to you following your registration as a User. Each Subscription option will provide different benefits and will have a different Subscription Fee and in purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
Both the People Achievers and the Seekers acknowledge that while the purchase of a Subscription is not required to use the Services, it will affect the nature of the Services provided to you as a User, including but not limited to the Commission Fee (as set out in clause 6 and 7 of these Terms) paid to Sports Playa for their provision of the Services.
Where you use the Services as a charity (the “Charity Subscription”), Sports Playa may offer a specialised Subscription for the use of the Services which may include, but is not limited to, the waiver of the Commission Fee. You acknowledge and agree that before you are eligible to subscribe to the Services using the Charity Subscription, Sports Playa may require you to provide evidence to prove your charity status.
Your account obligations
As a User, you agree to comply with the following:
not to share your profile with any other person;
use the Services only for purposes that are permitted by:
the Terms; and
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
not contact any party through the Services for the sole purpose of circumventing or manipulating the fee structure, subscription arrangements, or billing system of Sports Playa;
you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Sports Playa of any unauthorised use of your password or email address or any breach of security of which you have become aware;
you must not expressly or impliedly impersonate another User or use the profile or password of another User at any time;
not to harass, impersonate, stalk, threaten another User of the Website;
not to post false, inaccurate, misleading, defamatory or offensive content on the Website;
access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
not to use the Services or the Website to post content or items in inappropriate categories or areas on the Website;
you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
you agree that you will not use the Service or the Website in such a way that you will expose them to viruses or other technologies that may harm Sports Playas;
you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Sports Playa for any illegal or unauthorised use of the Website; and
you acknowledge and agree that any automated use of the Website or its Services is prohibited.
As a Seeker, you acknowledge that you will be engaged as an independent contractor and that you are solely responsible for taking this into consideration in respect to any tax or insurance obligations that you hold when engaging in the Services.
Using the Services as a Profile Posting
As a People Achiever, the Website provides you with the opportunity to
post and manage your sporting profile (including identifying the personal achievements, skills, experience and opportunities presented to the Seekers);
view the profiles of Seekers that may be suitable for the role intended; and
arrange to engage the Seekers to perform the Role .
Using the Services as a Seeker or Professional
As a Seeker, the Website provides you with the opportunity to:
review Sporting Profiles posted by Individual Users;
express an interest in their talent;
interacting with the Individual Seekers; and
arrange to offer a ‘Role’.
comply with any licencing or permit requirements should you require a licence or permit to complete the Role;
obtain professional indemnity insurance if the Role requires professional indemnity insurance;
obtain public liability insurance if the Role is being held at a public location where no public liability insurance is held by the occupier;
comply with all applicable tax, workplace and industrial relations laws to which you may be subject;
All payments made in the course of your use of the Services are made using Paypal. In using the Website, the Services or when making any payment in relation to same, you warrant that you have read, understood and agree to be bound by the terms and conditions that are available on their website.
You acknowledge and agree that where a request for the payment pursuant to these Terms is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the same.
You agree and acknowledge that Sports Playa can vary the Subscription Fee at any time by amending the relevant sections of the Website. The varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
Notwithstanding anything else to the contrary contained in this clause 8, Sports Playa retains the right, at its sole discretion, to apply the Commission Fee in a variety of ways subject to the nature of the Subscription of the Member. For the avoidance of doubt, this includes the potential waiver of fees and charges for Volunteers and the Charity Subscription.
You acknowledge and agree that Sports Playa only facilitates the introductions between the Individual Achiever(s) and the Seeker is not liable, in any capacity, for the actions of the Seeker once engaged. You further acknowledge and agree that Sports Playa is entitled to the Subscription Fee irrespective of whether or not the Seeker completes the Role to a satisfactory standard, or at all, once engaged by the Role.
If, for whatever reason, you are unsatisfied with the Services or believe you may be entitled to a refund with respect to the Commission Fee, then please contact Sports Playa outlining why you believe you are entitled to a refund of the Subscription Fee so we are able to determine if same should occur.
Any refunds granted pursuant to this clause 9 will be at Sports Playa’s absolute discretion.
You acknowledge and agree that in light of the nature of the Services, Sports Playa may be required to verify your identity to ensure that you are not using the Services in an illegal or fraudulent manner.
You warrant that where Sports Playa advises you in writing that they require further verification of your identity then you will make all reasonable endeavours to comply with this request within seven (7) days of receipt of same.
You warrant that any information that you provide pursuant to this clause will be true and correct to the best of your knowledge and belief and failure to comply with this clause will warrant an immediate termination of the provision of the Services to you.
Copyright and Intellectual Property of Sports Playa
The Website, the Services and all of the related products of Sports Playa are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) (the “Content”) are owned or controlled for these purposes, and are reserved by Sports Playa or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Sports Playa, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
download the Website to a device via a web browser;
use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device’s cache memory; and
print pages from the Website for your own personal and non-commercial use.
Sports Playa retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
You may not, without the prior written permission of Sports Playa and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
If you broadcast, publish, upload, transmit, post or distribute any content on the Website or to Sports Playa (“Your Content”), then you grant to them a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause 14, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Sports Playa we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything in relation to the Website and the Services are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Sports Playa make any express or implied representation or warranty about its Content or any products or Services (including the products or services of Sports Playa) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Services or any of the products of Sports Playa;
the Content or operation in respect to links which are provided for your convenience;
any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of liability
Sports Playa’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Sports Playa, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Sports Playa is not responsible or liable in any manner for any content posted on the Website or in connection with the Services, whether posted by Sports Playa or by Workers or by any other third parties.
Sports Playa does not control and is not responsible for the behaviours and actions of its Users, Seekers, their comments, posts or information that they upload. Accordingly, Sports Playa is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on the Website or in connection with your use of the Services.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Sports Playa as set out below.
If you want to terminate the Terms, you may do so by:
notifying Sports Playa at any time; and
closing your accounts for all of the services which you use, where Sports Playa has made this option available to you.
Sports Playa may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any provision;
Sports Playa is required to do so by law;
the partner, if any, with whom Sports Playa offered the Services to you has terminated its relationship with Sports Playa or ceased to offer the Services to you;
Sports Playa is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or
the provision of the Services to you by Sports Playa is, in the opinion of Sports Playa, no longer commercially viable.
Subject to local applicable laws, Sports Playa reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Sports Playa’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Sports Playa have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Content;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the Terms.
Costs Notwithstanding anything to the contrary contained in these Terms, you acknowledge and agree that you indemnify Sports Playa in respect to any legal costs or other associated costs arising from these Terms on a full indemnity basis.
Venue and Jurisdiction The Services offered by Sports Playa are intended to be viewed worldwide, however, in the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
GST Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with these Terms, are listed in US Dollars (USD) and are exclusive of any applicable taxes.
Governing Law These Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.