SPORTS WHERE I AM
TERMS OF SERVICE
A.1 These Terms of Service (Terms) form an agreement (Agreement) between WHEREIAM GROUP PTY LTD ACN 157 847 928 (Sports Where I Am, us, we our) an Australian company, and the user (User, you, your).
C SERVICE AND ACCEPTANCE
(a) We operate the website http://sportswhereiam.com (Site) and mobile application (App), referred together as the Service.
(b) Your use of the Service (Access, Accessing) is conditional on your acceptance and compliance with these Terms.
(d) The Service allows Users to do the following:
i Find sporting events in the available cities;
ii Book tickets to sporting events;
iii Upload User Content (defined below in clause ) to the Service;
iv Post User Posts to the User Forum (defined below in clause E.1); and
v Access information about the sporting event and the services and amenities surrounding it.
(e) Where the User does not accept the terms and conditions of this Agreement, the User must immediately cease using the Service.
(f) The App is available:
i Mobile. The mobile application “Sports Where I Am” available from Apple’s AppStore, GooglePlay and any other web-based mobile applications made available from time-to-time; and/or
ii Web. From the application accessed through the URL http://sportswhereiam.com (or other domain as used by us from time-to-time).
(a) The User’s Access to the Service shall be ongoing unless terminated by us in accordance with these Terms.
C.3 Limitations on Use
(a) We may limit or restrict Access to the Service from time-to-time on any basis as we see fit, including (but not limited to):
i Age & Capacity. Only persons over the age of 18 may register as a User and all Users must be capable of forming binding legal contracts, unless the User has the written consent of their parent or legal guardian;
ii Location. We may restrict access to the Service from any location;
iii Certification. We may restrict access to the Service where it cannot, in its absolute discretion, verify the User’s identity.
(b) We reserve the right to revise, amend and update these Terms including these conditions of use at any time. The User should check the Site for updates to these conditions of use. We will notify you if there is any amendment to the Terms, and the revised Terms will take effect when you read and accept the revised Terms.
D USER REGISTRATION
D.1 Registration and Account
(a) Access to the full functionality of the Service is only available to registered Users who set up an account (Account).
(b) Until registration as a User is confirmed by us a license to access all Services will not be granted.
(c) You may only open one Account per person. Your Account is not transferable.
(d) You will be asked to provide a personal email address and a password in order to register for an Account. You are responsible for the safekeeping of your password. We will not be liable for any unauthorised use of your Account.
(e) You must provide accurate information when setting up your Account. Your Account will be cancelled if your details are found to be incorrect.
(f) Any username and passwords created by you or assigned by us must be kept safe and secure and only used by those authorised to do so. You must notify the administrator immediately if you suspect that your details have been compromised or stolen.
E USER FORUM
The User Forum is available for Users to post questions, information about the sporting games, information about the area and document their experiences (User Posts). Users can also upload User Content (defined below in clause ) including photographs and videos of photographs of their experiences .
E.2 Prohibited Content
We reserve the right to remove any User Post or User Content (together, User Information) from the User Forum and/or restrict the access of the User if the User Information is deemed to be:
(c) Sexist, racist, homophobic or otherwise discriminatory;
(d) Explicit; and/or
(e) In breach of any law.
F TICKET BOOKING AND THIRD PARTY SERVICES
(a) The booking and purchase of tickets will occur directly through the Service and your interface will be with the Service directly.
(b) As part of the functionality of the Service, we may use certain third party applications or services (TPS) to facilitate the booking of tickets to sporting games, but at all times your interface will be with the Service for the booking and purchase of tickets.
(c) In the event that we use a TPS as part of the Service, the User consents to:
i Providing the TPS the information required for the purchase of tickets;
ii Allowing us to access the information provided in (c)(i) above; and
iii Abiding by the TPS’ terms and conditions of service.
F.2 Ongoing Availability.
(a) The User agrees that our ability to book tickets may be unavailable if the TPS we use becomes unavailable, and that functionality or content that is shared between the TPS and the Service may be lost as a result.
(b) We cannot guarantee the availability or efficacy of any TPS connection, and you release us from all liability for any loss incurred as a result of any defective or failed TPS.
F.3 Shipping and ticket delivery
(a) All tickets will be delivered via the delivery method you nominate upon booking.
(b) The delivery methods include [local pickup and mobile entry].
(c) The User acknowledges that e-tickets or tickets marked as electronic or instant may not be available for immediate download in all circumstances, but we will provide you with instructions as to how to download your ticket as soon as practicable after purchase.
(d) Where the delivery method nominated is mobile-entry, we may use a TPS to facilitate your retrieval of the ticket for entry at the sporting event.
(e) The User is responsible for contacting our customer service department in the event that the electronic ticket or e-ticket or mobile ticket is not downloadable for any reason.
(f) The User acknowledges that there is no guaranteed delivery date, and in some cases the booking order will indicate an estimated delivery date.
(g) The User acknowledges that it is their responsibility to check the ticket order for delivery and shipping information.
(h) The User acknowledges that the User is responsible for the collection of the ticket and that we are not responsible for any failure by you to collect the ticket in accordance with the instructions for collection provided by us, and the User releases us from all liability for any loss incurred as a result of any failed collection of the ticket.
G THE USER AGREES TO FULLY INDEMNIFY US FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, PAYMENTS, SETTLEMENT COSTS, LOSS (INCLUDING CONSEQUENTIAL LOSS) OR DAMAGE, INCLUDING LEGAL AND ACCOUNTING FEES ARISING FROM OR IN CONNECTION WITH THE SHIPPING, DELIVERY OR TICKET COLLECTION PROCESSES UNDERTAKEN AS A RESULT OF YOUR ACCESS TO THE SERVICE.ACCOUNT ACCESS USING THIRD-PARTY SERVICES
G.1 Registration & Login.
(a) The User may be able to register for the Service, and access the Services, by using their account with a TPS (including, but not limited to, Facebook);
(b) As part of the functionality of the Service the User may connect their profile with a TPS by:
i Providing their TPS login information to us through the Service; or
ii Allowing us to access the TPS in accordance with its terms & conditions of service.
(c) When connecting to the Service using a TPS, the User warrants that they are not in breach of any of its terms and conditions of service.
G.2 Ongoing Availability.
(a) The User agrees that access to the Service may be unavailable if the TPS becomes unavailable, and that the User may lose functionality or content that is shared between the TPS and the Service;
(b) The User may disconnect the connection between the Service and the TPS at any time.
G.3 Data to and from TPS.
(a) Where the User connects and or registers to the Service using a TPS, the User authorises us to:
i Use data from that TPS to create and/or edit the User’s profile on the Service; and/or
ii Send and receive data from that TPS for the purpose of providing the Service to the User.
H GEO-LOCATION TECHNOLOGY
H.1 The Service employs geo-location technology (GeoTech) to find sporting games in the User’s area. In the event of a GeoTech error, we take no responsibility for any loss incurred by the User as a result of an incorrect booking.
I.1 The Service is only accessible to the User for the Term. set out in clause C.2 .
I.2 The User agrees and accepts that the functional elements of the Service may be:
(b) hosted by us and shall only be installed, accessed and maintained by us, accessed using the internet or other connection to Sports Where I Am servers and is not available ‘locally’ from the User’s systems; and
(c) managed and supported exclusively by us from our servers and that no ‘back-end’ access to the Service is available to the User unless expressly agreed in writing.
I.3 We reserve the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Service.
J.1 By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access the Service for the Term, in accordance with the terms and conditions of this Agreement.
J.2 We may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the Terms in this Agreement by the User. We will ordinarily advise the User of any suspension or revocation however it is under no obligation to do so.
K AUTHORISED USERS
K.1 We shall authorise users to access the Service in its absolute discretion. We accept no liability for access to User Content or User Post by users authorised by the User or using login details of users authorised by the User.
K.2 The User is responsible for ensuring that users authorised to use the Service comply with this Agreement in full and are liable for any breach of them.
L USER OWNED CONTENT
L.1 You grant to us a perpetual, irrevocable, non-exclusive, worldwide, transferable licence to use, exercise and exploit the intellectual property rights in all information, data, images, audio and video files uploaded by you to the Service (User Content) for the purposes of our business and the provision of the Services, and agree that we may assign such rights at its discretion.
L.2 You acknowledge and agree that you, and not us, are responsible for ensuring the lawfulness of your User Content and obtaining any and all necessary rights and consents to upload, store, and access any User Content.
L.3 You acknowledge and agree that it is your responsibility to ensure that:
(d) your User Content does not infringe any intellectual property rights, privacy rights or any other rights of any person;
(e) you do not use the Service to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by us in our discretion; and
(f) your use of the Service does not breach any obligations of confidentiality to any person.
L.4 We accept no liability for the content of User Content or User Post.
L.5 The User is responsible for the accuracy, quality and legality of User Information and the User’s acquisition of it, and the users that create, access and/or use User Information.
L.6 We shall be authorised to permanently delete User Information where:
(g) The User deletes the Service or no longer wishes to use it; or
(h) This Agreement is terminated.
M.1 Security. We take the security of the Service and the privacy of its users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of our systems or the information on them.
M.2 Transmission. We shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards.
N.1 You agree and acknowledge that your Access and use of the Service is at your sole risk.
N.2 You accept all responsibility for any activity that occurs while using the Service.
N.3 You agree that you will not:
(i) use the Service for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms;
(j) compromise the security of the Service;
(k) use the Service in any way that could damage our reputation or the goodwill or other rights associated with the Service;
(l) use the Service in a manner that violates the publicity, privacy or data-protection rights of others;
(m) use any aspect of the Service for re-sale purposes; or
(n) encourage or enable any other individual to do any of the foregoing.
N.4 While we also take reasonable steps to ensure the Service is virus free, you acknowledge that you access the Service at your own risk and that we are not responsible for any damage caused as a result of accessing the Service. This includes, but is not limited to, any monetary or other loss that may result from loss or corruption of data, system downtime or hardware damage.
O INTELLECTUAL PROPERTY
O.1 Trade Marks
(o) We have moral and registered rights in our trade marks and the User shall not copy, alter, use or otherwise deal with the trade marks in any way without our prior written consent .
(p) Apple® AppStore®, Google®, GooglePlay® and other trade marks are the Intellectual Property of their respective owners.
O.2 Proprietary Information. The Service may use software and other proprietary systems and Intellectual Property for whichwe have appropriate authority to use, and the User agrees that such is protected by copyright, trade marks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of the Service.
O.3 Service. The User agrees and accepts that all present and future copyright in the Sports Where I Am information and material appearing on the Service either vests in and is the exclusive property of Sports Where I Am, or is licensed to Sports Where I Am (Content). This Content may include text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks, source code, usage data, ideas, enhancements, feature requests, and suggestions on the Service. The Content is protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Service.
O.4 Paid Advertising and Third Party Material. Some of the content on the Service, including articles, sponsorships and promotions, constitutes paid advertising. Responsibility for the content of advertisements appearing on the Service (including hyperlinks to advertisers’ own websites) rests solely with the advertisers, and does not constitute a recommendation or endorsement by us, Your correspondence or dealings with, or participation in promotions of, advertisers on the Service are solely between yourself and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Service,
O.5 The User further warrants that by using the Service the User will not:
(q) copy the Service or the services that it provides for the User’s own commercial purposes; and
(r) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Service or any documentation associated with it.
P LIABILITY & INDEMNITY
P.1 You agree to fully indemnify and hold us harmless, and our related entities and employees from and against any and all claims, actions, demands, liabilities, payments, settlement costs, loss (including consequential loss) or damage, including legal and accounting fees arising from or in connection with:
(s) any breach by you of these Terms including any warranty;
(t) any negligent, reckless or intentional act or omission of you;
(u) any breach of law by you in using the Service;
(v) any claim, arising out of or in connection with your use of the Service, regarding the infringement or alleged infringement of the intellectual property rights of any person; and
(w) your Access to the Service.
P.2 You agree and acknowledge that each indemnity in these Terms is a continuing obligation separate and independent from your other obligations in these Terms and survives Termination of your Access.
P.3 To the extent permitted by law, Sports Where I Am, our related entities or any of its respective directors, officers, employees, contractors or agents make no representation or warranty:
(x) as to the accuracy, legality, suitability or reliability of the information contained in any aspect of the Service; or
(y) that the Service will be uninterrupted, without delay, error-free, omission-free or free of viruses.
P.4 To the extent permitted by law:
(z) You release us, our related entities and employees from any liability arising as a result of your reliance on the accuracy or currency of information contained in any aspect of the Service.
(aa) We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service or any linked website or your interaction or use of any TPS. We do not accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on or accessed through the Service of the TPS.
(bb) We do not accept responsibility for any indirect or consequential loss including costs and expenses suffered by you, beyond the value of a refund and the cost directly connected with the purchase and collection of a ticket. Without limiting the immediately preceding sentence, you agree and acknowledge that your decision to travel to the location of the ticketed event is not conditional on your successful entrance to that event, and you release us from any liability for your costs and expenses connected with travel to and accommodation at that location, including airfares, accommodation expenses, ground travel costs and sustenance expenses.
P.5 To the extent allowed by law, in no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the Service or any Content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
P.7 Expiry or termination of the licence to the Service (Termination) is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this Agreement up to the date of Termination.
P.8 If Termination occurs, you agree that you will no longer have Access to the Service or to any TPS.
P.9 Termination will not affect any unpaid amounts due and payable to us at the time of Termination.
P.10 These Terms will survive Termination where intended.
Q.1 For any dispute between us and the User, the following process shall apply:
(cc) Negotiation. If there is a dispute between the parties relating to or arising out of this Agreement, then within 5 Business Days of a party notifying the other party of a dispute, senior representatives from each party must meet (or if discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;
(dd) Mediation. If the dispute between the parties relating to or arising out of this Agreement is not resolved within five Business Days of notification of the dispute under clause 13.1, the parties must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution;
(ee) Arbitration. If the dispute between the parties relating to or arising out of this Agreement is not settled by mediation under clause (b), either party may by written notice to the other refer the dispute to arbitration administered by the Institute of Arbitrators Australia. The arbitrator will be agreed between the parties from a panel suggested by the President of the Institute of Arbitrators Australia or failing Agreement, an arbitrator will be appointed by the President of the Institute of Arbitrators Australia; and
(ff) Court proceedings. A party may not commence court proceedings in relation to a dispute relating to or arising out of this Agreement until it has exhausted the procedures in this clause (d) unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that damages would otherwise be inadequate to compensate.
R.1 The User can direct notices, enquiries, complaints and so forth to us as set out in this Agreement. We may notify the User of a change of details from time-to-time.
R.2 We will send the User notices and other correspondence to the details that the User submits to us, or that the User notifies us of from time-to-time. It is the User’s responsibility to update its contact details as they change.
R.3 A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
S.1 The User may only assign or otherwise create an interest in their rights under this document with the written consent of us.
S.2 We may assign their rights under this Agreement by giving the User written notice.
T.1 Entire Agreement. These Terms constitute the entire terms of the Agreement between you and us and supersede any prior representations, understandings or arrangements made between the parties, whether orally or in writing.
T.2 Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
T.3 Relationship. Nothing in these Terms creates a joint venture, partnership, or the relationship of principal and agent, or employee and employer between the parties.
T.4 Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
T.5 Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
T.6 Governing Law. This Agreement is governed by the laws of the state of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction in Victoria, Australia.
T.7 Liability for Expenses. Each party must pay its own expenses incurred in negotiating, executing, stamping and registering this Agreement.
T.8 Inconsistency. If this Agreement is inconsistent with any other document or Agreement between the parties, this document prevails to the extent of the inconsistency.
T.9 Counterparts. This Agreement may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.
T.10 Time. Time is of the essence in this Agreement.
T.11 Severability. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.