SPORTS WHERE I AM
TERMS OF SERVICE
A.1 These Terms of Service form an agreement (Agreement) between WHEREIAM GROUP PTY LTD ACN 157 847 928 (Sports Where I Am) an Australian company, and the user (User).
(a) Sports Where I Am operates the website http://sportswhereiam.com (Site) and mobile application (App), referred together as the Service.
(b) 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 to the Service;
iv Post User Posts to the User Forum; and
v Access information about the sporting event and the services and amenities surrounding it.
(c) 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 Sports Where I Am from time-to-time).
The User’s license to access the Service shall be ongoing unless terminated by Sports Where I Am in accordance with these Terms.
C.3 Limitations on Use
Sports Where I Am may limit or restrict access to the Service from time-to-time on any basis as it sees fit, including (but not limited to):
(a) 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;
(b) Location. Sports Where I Am may restrict access to the Service from any location;
(c) Certification. Sports Where I Am may restrict access to the Service where it cannot, in its absolute discretion, verify the user’s identity.
D USER REGISTRATION
(a) Access to the full functionality of the Service is only available to registered Users.
(b) Until registration as a User is confirmed by Sports Where I Am a license to access all Services will not be granted.
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 photographs and videos of photographs of their experiences (User Content).
E.2 Prohibited Content
Sports Where I Am reserves 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.
E.3 User Content
(a) Users uploading User Content to the User Forum will be subject to the terms of the Content Release Form;
(b) Users uploading User Content warrant that they have all rights to the User Content, and are not in breach of any copyright or other laws which may apply;
(c) The User grants to Sports Where I Am a perpetual, irrevocable, worldwide, royalty-free license over any User Content the User uploads to the Service for Sports Where I Am to use that User Content in any online or offline marketing to promote the Sports Where I Am.
F TICKET BOOKING USING THIRD PARTY SERVICES
(a) Sports Where I Am may use certain third party services (TPS) to facilitate the booking of tickets to sporting games (including, but not limited to Ticket Liquidator).
(b) As part of the functionality of the Service, the User may be directed to the TPS website for the booking and purchase of tickets.
(c) Whilst connecting to the TPS through the Service, the User consents to:
i Providing the TPS the information required for the purchase of tickets;
ii Allowing Sports Where I am to access the information provided in (a) above; and
iii Abiding by the TPS’ terms and conditions of service.
F.2 Ongoing Availability.
(a) The User agrees that the ability to book tickets 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) Sports Where I Am cannot guarantee the availability or efficacy of any TPS connection.
G 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 Sports Where I Am through the Service; or
ii Allowing Sports Where I Am to access their TPS in accordance with its terms & conditions of service; and
(c) When connecting to the Service using a TPS, the User warrants that they are not in breach any of its terms & 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 Sports Where I Am 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, Sports Where I Am takes no responsibility for any loss incurred by the User as a result of an incorrect booking.
I.1 Either party may end this Agreement at any time by written notice in accordance with these Terms.
J.1 Governing Law. Victoria, Australia.
J.2 Reference City. Melbourne.
1 EFFECT OF SPECIAL CONDITIONS
1.1 The parties may agree to any Special Conditions to this Agreement in writing. Where the parties make such Special Conditions those Special Conditions shall prevail over any inconsistency with any other provisions of this Agreement.
1.1 The following definitions apply in this document:
(a) App means the product described in the Service in the Particulars.
(b) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in the Reference City of the Legal Location.
(c) Content Release Form means the release form Users must agree to in order to upload any User Content to the Service.
(d) Fees & Charges means the fees and charges as set out in the Particulars.
(e) General Conditions means the terms and conditions set out in the section of this Agreement entitled “General Conditions”.
(f) Intellectual Property means all rights (present and future) conferred by common law, equity or statute (and all moral rights) connected with business names, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, trademarks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
(g) Particulars means this Agreement’s details and variables set out in the section of this Agreement entitled “Particulars”.
(i) Special Conditions means the terms and conditions set out in the section of this Agreement entitled “Special Conditions”.
(j) User Content means photographs or videos that are uploaded to the Service by the User.
(k) User Post means any written comment or information uploaded to the Service by the User.
1.2 Headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise:
(a) The singular includes the plural and the opposite also applies.
(b) If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
(c) A reference to a clause refers to clauses in this Agreement.
(d) A reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it.
(e) Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
(f) A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
(g) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
(h) A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
(i) A reference to dollars or $ is to an amount in Australian currency.
2.1 This Agreement applies to use of and access to the Service.
2.2 Where the User does not accept the terms and conditions of this Agreement, the User must immediately cease using the Service.
2.3 The terms of this Agreement may be updated by Sports Where I Am in its absolute discretion from time-to-time, and unless stated otherwise by Sports Where I Am in writing, such updates shall come into effect for use of the Service at the time the User is sent notice of the update(s).
3.1 By using the Service, the user acknowledges and agrees to:
(a) These Terms of Service; and
4.1 The Service is only accessible to the User for the term set out the Particulars.
4.2 The User agrees and accepts that the functional elements of the Service may be:
(a) hosted by Sports Where I Am and shall only be installed, accessed and maintained by Sports Where I Am, accessed using the internet or other connection to Sports Where I Am servers and is not available ‘locally’ from the User’s systems; and
(b) managed and supported exclusively by Sports Where I Am from Sports Where I Am servers and that no ‘back-end’ access to the Service is available to the User unless expressly agreed in writing.
4.3 Sports Where I Am reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Service.
5.1 By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable license to access the Service for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
5.2 Sports Where I Am may issue the license to the User on the further terms or limitations set out in item the Particulars as it sees fit.
5.3 Sports Where I Am may revoke or suspend the User’s license(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User or any of it’s users. Sports Where I Am will ordinarily advise the User of any suspension or revocation however it is under no obligation to do so.
6.1 The User agrees that it shall only use the Service for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Sports Where I Am in its discretion.
7 AUTHORISED USERS
7.1 Sports Where I Am shall authorise users to access the Service in its absolute discretion. Sports Where I Am accepts 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.
7.2 The User is solely responsible for the security of its username and password for access to the Service.
7.3 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.
8 USER INFORMATION
8.1 Sports Where I Am accepts no liability for the content of User Content or User Post.
8.2 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.
8.3 Despite clause 8.1 and in addition to Item E.2, Sports Where I Am shall be authorised to permanently delete User Information where:
(a) The User deletes the Service or no longer wishes to use it; or
(b) This Agreement is terminated.
9.1 Security. Sports Where I Am takes 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 Sports Where I Am’s systems or the information on them.
9.2 Transmission. Sports Where I Am shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards.
10.1 By accepting the terms of this Agreement the User agrees that Sports Where I Am shall provide access to the Service to the best of its abilities, however it accepts no responsibility for ongoing access to the Service.
11 INTELLECTUAL PROPERTY
(a) Sports Where I Am has moral and registered rights in its trademarks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Sports Where I Am.
(b) Apple® AppStore®, Google®, GooglePlay® and other trademarks are the Intellectual Property of their respective owners.
11.2 Proprietary Information. The Service may use software and other proprietary systems and Intellectual Property for which Sports Where I Am has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, 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.
11.3 Service. The User agrees and accepts that the Service is the Intellectual Property of Sports Where I Am and the User further warrants that by using the Service the User will not:
(a) copy the Service or the services that it provides for the User’s own commercial purposes; and
(b) 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.
11.4 Content. All content remains the Intellectual Property, including (without limitation) any source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Service.
12 LIABILITY & INDEMNITY
12.1 The User agrees that it uses the Service at its own risk.
12.2 The User acknowledges that Sports Where I Am is not responsible for the conduct or activities of any user and that Sports Where I Am is not liable for such under any circumstances.
12.3 The User agrees to indemnify Sports Where I Am for any loss, damage, cost or expense that Sports Where I Am may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with the Service, including any breach by the User of these Terms.
12.4 In no circumstances will Sports Where I Am 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 Sports Where I Am knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
12.6 Expiry or termination of this Agreement 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 expiry or termination.
13.1 For any dispute between Sports Where I Am and the User, the following process shall apply:
(a) 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;
(b) 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;
(c) 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
(d) 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.
14.1 The User can direct notices, enquiries, complaints and so forth to Sports Where I Am as set out in this Agreement. Sports Where I Am will notify the User of a change of details from time-to-time.
14.2 Sports Where I Am will send the User notices and other correspondence to the details that the User submits to Sports Where I Am, or that the User notifies Sports Where I Am of from time-to-time. It is the User’s responsibility to update its contact details as they change.
14.3 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.
15.1 The User may only assign or otherwise create an interest in their rights under this document with the written consent of Sports Where I Am.
15.2 Sports Where I Am may assign or otherwise create and interest in their rights under this Agreement by giving the User written notice.
16.1 Formation. This Agreement is formed when the User acknowledges their consent to this Agreement, whether done electronically or physically.
16.2 Prevalence. Each party to this Agreement agrees to the clauses in the Particulars, the Special Conditions (if any) and the General Conditions. The Particulars, Special Conditions and the General Conditions form a single legal Agreement. To the extent that the Particulars or the Special Conditions are inconsistent with the General Conditions, the terms of the Particulars will prevail. To the extent that the Special Conditions are inconsistent with the Particulars, the Special Conditions will prevail.
16.3 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.
16.4 Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
16.5 Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
16.6 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.
16.7 Governing Law. This Agreement is governed by the laws of the state set out in item J of the Particulars. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
16.8 Liability for Expenses. Each party must pay its own expenses incurred in negotiating, executing, stamping and registering this Agreement.
16.9 Inconsistency. If this Agreement is inconsistent with any other document or Agreement between the parties, this document prevails to the extent of the inconsistency.
16.10 Counterparts. This Agreement may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.
16.11 Time. Time is of the essence in this Agreement.
16.12 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.
END GENERAL CONDITIONS