Terms and Conditions of Use

1. Welcome

Welcome to CLUBLAND.

For Future’s Sake Pty Ltd ACN 662 521 504 (we/us/our) provides the CLUBLAND platform (the Platform) on behalf of Easts Rugby Union Inc. (ABN 12 801 395 503).

Our Platform provides players, coaches, managers and members of local rugby union clubs with access to statistics, draws, results and news regarding both their own and other local rugby clubs, players, statistics and events. Our Platform also provides you with the ability to purchase and order merchandise from your favourite clubs.

These Terms and Conditions (Terms) set out the basis which you may access and use our Platform, whether such access is through our website eaststigersstg.wpenginepowered.com (Website), through a software application that we have made available to you, or through any other means that we make available from time to time.

2. Acceptance and Variation

• • Acceptance
    • You agree to be bound by these Terms when you:
      • create a Clubland Account to enable you to access and use our Platform;
      • download and commence using our Platform without a Clubland Account (where such functionality is provided); or
      • otherwise communicate to us (whether verbally, in writing or through your conduct) that you agree to be bound by these Terms.
    • If you do not agree to these Terms you must not use or access our Platform.
  • Minors
    • In order to use our Platform you must be at least over the age of sixteen (16).
    • If you are under the age of sixteen (16) (Minor), you must only use our Platform under the supervision and with the permission of your parent or guardian.
    • Where you are accessing and using our Platform under the supervision of a parent or guardian, your parent or guardian warrants to us that
      • they have read, accept and agree to be bound by these Terms pursuant to clause 1(a);
      • they will be responsible for procuring that you comply with the provisions of these Terms with respect to your use of our Platform; and
      • your parent or guardian remains responsible for your obligations under these Terms, including the obligation to make payment of any Fees rightfully due and owing to us pursuant to clause 7.
    • If you are a Minor and have not obtained the permission of your parent or guardian to use our Platform, you must not access and use our Platform.
    • If you are a Minor, we reserve the right at any time to:
      • require that you provide the details of the parent or guardian that has provided you with permission to use our Platform; and
      • contact your parent or guardian to confirm that they have received these Terms, agree to be bound by them and have provided you with permission to access and use our Platform.
    • If you are a Minor and do not provide details of your parent or guardian where requested, or we otherwise suspect that you are utilising our Platform without the permission of a parent or guardian, we reserve the right at any time and without any liability to you to suspend or terminate your access to our Platform.
    • If you are a parent or guardian that has provided permission to a Minor to use our Platform in accordance with this clause 2, references to “you” throughout these Terms are taken to be references to both you and the Minor that you have authorised to use our Platform.
  • Term

Your agreement with us commences upon your acceptance of these Terms in accordance with clause 2.1(a) and will expire on the earlier of:

• • the date that you cease using our Platform (provided any Fees rightfully due and owing to us pursuant to clause 7 have been paid); or
  • the date our agreement is otherwise terminated in accordance with clause 14.
  • Variation
    • Subject to clause 4(b), we reserve the right at any time and without liability to you to:
      • modify, permanently or temporarily disable or discontinue any part of the Platform;
      • alter, amend, withdraw or vary (Vary) any part of these Terms; and
      • Vary any information, material or functionality that is accessible or available through our Platform.
    • Prior to implementing any variation of the nature contemplated in clause 4(a) (ii) or 2.4(a) (iii) we will provide you notice of the proposed variation (Variation Notice). We may provide the Variation Notice through either:
      • communicating with you directly using the contact information that you have provided to use (for example, as part of the creation of a Member Account); or
      • notification of the variation through the Platform itself.
    • Your continued use of the Platform following our issuing of a Variation Notice will constitute your acceptance of the variation pursuant to the Variation Notice.

3. Clubland Policies

• •  From time to time we may publish policies through our Website or within our Platform.
  • You acknowledge and agree that
    • any policy that we publish is incorporated by reference into these Terms; and
    • your continued use and access of our Platform following our publication of a policy constitutes your acceptance and agreement to be bound by the terms of that policy.
  •  If upon reviewing any policy that we publish pursuant to 3(a) you do not agree to be bound by that policy:
    • you must contact us to notify us that you do not agree to be bound by that policy; and
    •  if we are unable to reach agreement with your regarding the matters contained in the relevant policy, we may be unable to continue providing you with access to our Platform.

4. Clubland Accounts

• • Clubland Accounts
    • In order to access and use our Platform you will be required to create a Clubland Account.
    • The information that you will be required to provide in order to create a Clubland Account will include:
      • your full name;
      • your contact information (including contact number and email address);
      • information regarding the sporting club or clubs that you are affiliated with;
      • if you are a player in a sporting team at a sporting club, information relating to the team that you play for, as well as your position within the team;
      • if you are a Minor, the full name and contact details of your parent or guardian; and
      • if you are creating a Member Account, your billing information and a residential or deliver address;
      • if you are making a purchase through a Guest Account, your billing information and a residential or delivery address; and
      • any other information that we designate from time to time as part of the Clubland Account creation process.
    • All information that is collected by us as part of your creation of a Clubland Account will be treated in accordance with the terms of our Privacy Policy.
    • By providing your billing information to us you authorise us and our third-party service providers to receive and store your payment information and to charge you any Fees rightfully due and owing to us in accordance with these Terms.
  • Guest Accounts
    • We may at our discretion provide you with the ability to access and use our Platform through the creation of a Guest Account.
    • By creating a Guest Account, you acknowledge and agree that:
      • the functionality and scope of information, content and services that are available through the Guest Account will be determined solely at our discretion;
      • we may amend, withdraw, limit or suspend the content, information and services that are available through a Guest Account, or otherwise suspend access through a Guest Account to the Platform in its entirety, at our sole discretion and without notice; and
      • in consideration of our provision to you of access to the Platform through use of a Guest Account, you agree to be bound by and comply with all of your obligations under these Terms.
    • From time to time we may provide you with the option through your Guest Account to:
      • purchase goods or services from either us or third-party suppliers (such as clubs); or
      •  pay for premium features on a once-off or recurring basis.
    • You acknowledge that notwithstanding your access to the Platform may be through a Guest Account, to the extent that you elect to make any optional purchase as contemplated by clause 2(c), you will be charged for and liable to make payment of all amounts that are notified as being applicable in respect of the relevant goods, services or features that you are purchasing.
  • Member Accounts
    • In order to access and obtain the benefit of the full functionality of our Platform you will be required to create a Member Account.
    • The Subscription Fees that are associated with a Member Account will be notified to you through the Platform at the time of creating your Member Account.
    • Unless specified to the contrary, the Subscription Fees that are associated with each Member Account will be automatically charged to you using the payment details that you have provided:
      • at the time of first creating your Member Account, and
      • on a four weekly basis thereafter (Subscription Period).
    • If you choose to cancel your subscription for a Member Account, that cancellation will become effective from the final date of the then current Subscription Period (after which you will no longer have access to the Platform) and will otherwise be processed in accordance with the process outlined in clause I regarding termination.
    • You acknowledge and agree that we may at our discretion vary the Subscription Fees associated with your registration of a Member Account where:
    • we have provided at least two weeks’ notice of the new proposed Subscription Fees (New Subscription Fee); and
      • the New Subscription Fee does not become effective until the end of your then current Subscription Period (being the subscription period in which the final day of the two week’s notice period falls).
      • You acknowledge that after we have complied with the process set out in clause 3(e), and provided we have received no notification from you of your intent to terminate your Member Account subscription as contemplated by 4.3(g), we will automatically commence charging you the New Subscription Fee using the billing information provided upon creation of your Member Account.
    • If you do not agree to pay any proposed New Subscription Fee in accordance with clause 3(e), you may terminate your Member Account without penalty in accordance with the process set out in clause 14.1.
  • In-App Purchases
    • We may from time to time offer “in-app purchases” (In-App Purchase) through your Clubland Account that enable you to purchase:
      • goods, services or premium Platform features from us; and
      • goods and services from third parties (for example, sporting clubs) with which we are affiliated.
    • The fees that are associated with making an In-App Purchase will be notified to you at the time of making the purchase and will be automatically charged to you using the billing information that you have provided.
    • If you are making an In-App Purchase that relates to the goods or services being provided by a third party, you acknowledge that:
      • you are making a purchase from that third party directly and not from us;
      • whilst we may facilitate the transaction through our Platform, we do not accept any responsibility or liability in respect of the transaction with the third party;
      • we make no representation, warranty, guarantee or endorsement in relation to any of the goods or services that are being provided by we the relevant third party, including with respect to the quality, nature or fitness for purpose of those goods or services;
      • to the extent that you have any dispute in relation to the goods or services provided by a third party that you have acquired through our Platform, or require a refund or exchange in respect of any goods, your sole recourse lies in the relevant third party service provider and not with us.
    • We reserve the right to include as additional charges any third-party payment processing costs associated with processing your transaction.

5. Access and Data

• • • Platform Access

By creating a Clubland Account and accessing our Platform you agree:

• • • to provide accurate and truthful information with respect to any information requested in the establishment of your Clubland Account;
    • to provide current and valid billing information, and to update that information periodically as required;
    • not to access the Platform on behalf of someone else (unless you have our authorisation and the individual’s consent) or create a false or misleading identity;
    • that you are responsible for all charges for any purchases made through your Clubland Account;
    •  that you are responsible for all incidental costs associated with accessing the Platform including any mobile, data and internet usage costs;
    • to conduct yourself in a manner that is respectful and reputable at all times and not harass, bully or intimidate others accessing or receiving our Services;
    • not to provide any misleading or false information or statistics to us in regard to any sporting club, sporting player or otherwise generally;
    • with respect to your Clubland Account that you:
      • must not transfer or provide access to your Clubland Account to any other person;
      • must maintain the security of your Clubland Account, including by keeping the password to your Clubland Account secret; and
      • must notify us immediately in the event of any known or suspected unauthorised use or access of your Member Account, or any other suspected breach of security including loss, theft, or disclosure of your password.
    • Data
      • Subject to clause 2(b), we reserve the right to collect, store and use all data that you provide to us, whether through uploading to our Platform or otherwise, for the purposes of:
        •  improving the goods and services that we offer as part of our business;
        • improving the quality and functionality of our Platform;
        •  for marketing and research purposes;
        • commercial dealings with our third-party service providers, as well as commercial dealings associated with the operation of our business generally;
        • providing reports and statistics to you, as well as to our third-party service providers and affiliates; and
        • any other legitimate purpose that is associated with the operation of our business.
      • Notwithstanding clause 2(a) we will only use data that constitutes “personal information” in accordance with the terms of our Privacy Policy and the Privacy Act 1968 (Cth).

6. Intellectual Property Rights & Third Party Content

• • Platform
    • You acknowledge that we own or provide under licence all intellectual Property Rights that are associated with the Platform and the content and materials available through the Platform.
    • Nothing in these Terms has the effect of, or is to be construed or interpreted as, assigning to you any right, title or interest in or to the ownership of any of the intellectual Property Rights in the Platform, or any content or materials made available through the Platform.
    • For such time as you have a valid Clubland Account, we grant to you a non-exclusive, revocable, non-assignable and non-sublicensab licence to access and use the Platform and the content and materials available through the Platform, for your own personal and non- commercial purposes.
    • You acknowledge and agree that you must not, without our prior written authority:
      • use the Platform or any content and materials available through the Platform:
        •  for any commercial purpose; or
        •  for any purpose other than which the Platform and the relevant content and materials are specifically intended;
      • copy, reproduce, broadcast, display or distribute any of the content and materials available through the Platform, including any text software, scripts, flash files, graphics, phots, sounds, music, videos, logos or artwork.
    • You must not attempt to gain unauthorised access to or impact any aspect of the Platform, or otherwise undertake or engage in action that impede the operation or functionality of the Platform.
    • Third Party Materials
      •  We may make third party content and materials available through our Platform. Where we have made such third-party content and materials available (Third Party Content), you acknowledge that:
        • the Third Party Content is made available under a licence to which we are a party and that you must comply with all of our direction
          response to your access to and use of such Third Party Content, and
        • we make no guarantee that the Third Party Content will be accurate, correct, fit for purpose or otherwise available at any time.
      • To the extent that your use of Third Party Content is:
        • in breach of these Terms;
        • not in accordance with a direction or instruction that we have issued in respect of such Third Party Content; or
        • is otherwise in contravention of a direction or instruction provided by the owner of that Third Party Content directly,

and such use results in any Loss by us, including as a result of a Claim against us by the relevant Third Party, you hereby fully indemnify us in respect of all such Loss (including where such Loss has not yet been fully realised) and will pay to us all amounts arising under this indemnity upon demand.
Our Platform may contain links to third party websites or applications outside our control (Linked Sites). We take no responsibility for content contained in any Linked Sites, and do not endorse any aspect of these third party services or sites. We cannot and do not guarantee, represent or warrant that the content contained in any Linked Site is accurate, legal, or inoffensive. Such links are provided for convenience only. You acknowledge that you use these Linked Sites entirely at your own risk.

7. Acknowledgements

You acknowledge and agree:

• • we may suspend or terminate your access to the Platform at any time and without any liability to you in the event that we are reasonably of the view that you have breached or are likely to breach a provision of these Terms;
  • we make no representation, warranty or guarantee that information, content and materials that are made available through the Platform are correct, accurate, free from error or otherwise up-to-date;
  • we do not endorse or agree with any views, opinions, statements or expressions that are made by third parties through out Platform, and do not have any responsibility to review, vet, moderate or otherwise manage the contributions that are made by third parties to our Platform;
  • your use and reliance upon any information, content or materials through the Platform is at your own risk;
  • your use of the Platform is at your own risk and it is your responsibility to exercise due care in all interactions with any third party through the Platform; and
  • computer and telecommunications services are not fault free and occasional period of downtime may occur.

8. Indemnity and liability

• • Indemnity

You agree to indemnify us and to keep us indemnified against all Loss that we may suffer or incur (whether or not such Loss has been fully realised)
arising from or in connection with (directly or indirectly):

• • your use of the Platform, other than in accordance with these Terms;
  • any breach or default by you under the provisions of these Terms (including the breach of any warranty provided under these Terms);
  • a negligent, careless ore reckless act or omission by you; and
  • your failure to comply with any law, regulation or directive of a regulatory authority,

and will pay to us all amounts the subject of this indemnity upon demand and as a debt due and owing.

• •  Liability
    • To the maximum extent permitted by law our liability to you for any Loss that you suffer or incur as a result of, or arising in relation to, your
      use of our Platform and any content, materials or information available through our Platform will be limited to the greater of:

       

      • the total Fees that you have paid to us in the immediately preceding 24 month period; and
      • the extent of any insurance proceeds that we are entitled to and actually receive the benefit of, in accordance with our applicable
        insurance policies.
    • We will not be liable to you for any indirect, incidental, special, exemplary, punitive, or consequential loss, including lost profits, loss of contract, loss of opportunity or loss of data, in connection with, or otherwise resulting from your use of the Platform or any content, materials and information available through the Platform, even if we were advised of the possibility of such damage arising.
    • Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by ss 51 to 53 of the Australian Consumer Law) is limited (at our election) to us providing the our services again or the payment of the cost of having our services supplied again.

9. Assumption of Risk

• •  You acknowledge that under no circumstances will we be responsible for any Loss that you suffer or incur as a result of your interactions and dealings with any third parties through our Platform, notwithstanding that we may facilitate or provide the functionality that enables such interactions and dealings between you and the relevant third party.
  • We do not assume any responsibility or liability for the actions, products, services and content of any third party. You must carefully review each third party’s privacy policies and terms and conditions of use. If you choose to purchase goods or services from a third party, including one accessed through our Platform, then you are entering a separate agreement with that third party, and expressly agree that we are not a party to that transaction.

10. Termination

• • Your Right to Terminate
    • You may terminate our agreement with you on the basis of these Terms at any time:
      • using the functionality available through the Platform to deregister your Clubland Account; or
      •  through otherwise notifying us in writing of your intent to terminate your Clubland Account
    • Termination in accordance with 1(a) will become effective:
      •  in respect of a Guest Account, on and from the date that we receive notification through our Platform or otherwise receive your written termination request; and
      • in respect of a Member Account, from the final day of your then current Subscription Period.
    • Nothing in this clause 1 effects your obligation to make payment to us of any Fees that are rightfully due and payable to us, as incurred by you, prior to the date of termination becoming effective (pursuant to 10.1(b)).
  • Our Right to Terminate
    • We may terminate our agreement with you on the basis of these Terms:
      • where you have a Guest Account, immediately and without notice to you; and
      •  where you have a Member Account, upon notice to you and at our sole discretion, with such termination to take effect from the end of
        your then current Subscription Period.
    • Notwithstanding clause 2(a), where you have made an In-App Purchase from us, termination will only become effective upon (at our
      election):

       

      • delivery of that In-App Purchase to you; or
      •  the provision of a refund to you in respect of any Fees paid for that In-App Purchase.
    • Suspension of Access
      • You acknowledge and agree that we may at any time suspend your access to our Platform where you are in breach of these Terms, or we reasonably suspect you are likely to be in breach of these Terms.
      • Where we have exercised a right of suspension as provided by clause 3(a):
        • the suspension will continue for as long as is reasonably required in order for us to investigate and ascertain whether you have
          breached these terms, or are likely to breach these terms;
        • we will not be liable to you for any loss that you suffer or incur as a result of any exercise of the right of suspension; and
        • you must cooperate with us and provide all reasonable information that we require in order to determine whether or not a breach of
          these Terms has occurred.
      • Once the process prescribed by 3(b) has occurred, we must either reinstate your access to our Platform (and extent your Subscription Period proportionately to the time in which you were unable to access the Platform due to the suspension) or issue you with a terminate
        notice pursuant to clause 10.4.
    • Termination for Breach
      • Either party may terminate the agreement on the basis of these Terms between them immediately where:
        • the other party is in breach of a material clause of these Terms, such breach being incapable of remedy, or
        • in our case, if we have already undertaken the process prescribed by clause 3(b).
      • Either party may terminate the agreement between them on the basis of these terms where:
        • the other party is in breach of a clause of these Terms; and
        • the party in breach has not remedied that breach within ten (10) days of receiving written notice of the breach from the non- defaulting party.

11. General

• • These Terms contain the entire agreement between the parties about this subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these Terms and has no further effect.
  • Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by the other party to give effect to these Terms.
  • Any provision of these Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of these Terms which shall remain in force.
  • Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
  • You cannot assign, novate, sublicense or otherwise transfer any of your rights or obligations under these Terms without our prior written consent. You consent to our assignment, novation or transfer of our rights and obligations under these Terms without further notice to you.
  • These Terms are governed by the law in force in the State of Queensland, Australia and each party submits to the non-exclusive jurisdiction of the courts of Queensland.

12. Definitions and Interpretations

• • Definitions

In these Terms:

Claim includes a demand, claim, action, dispute or proceeding made or brought by or against the person, however arising and whether present, ascertained, immediate, future or contingent.
Club means any community, club, team, group or other association that offers rugby union to a group of people.

Clubland Account means a Guest Account or a Member Account that you have created in order to gain access to our Platform.

Fees means Subscription Fees and any other amounts that are payable by you to us in association with any in-app purchases (as contemplated in clauses 4.2(c) and 4.4).

Guest Account means a trial or free account that you create on our Platform that enables you to access content, materials and services that we choose to make available on a complimentary (non-subscription) basis at our discretion.

In-App Purchase has the meaning given in clause 4.4(a).

Intellectual Property Rights means all intellectual property rights of whatever nature including all rights conferred under statute, common law or equity, including all copyrights, patent rights, trade mark rights (including any goodwill associated with those trade mark rights), design rights and trade secrets together with any documentation relating to those rights but does not include moral rights.

Loss includes any damage, loss, cost, liability or expense of any kind and however arising (including as a result of any claim) including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable.

Member Account means the paid subscription account that you create on our Platform that enables you to access and use the content, materials and services that are offered and made available through our Platform.

Minor means a person that is under the age of sixteen (16).

Privacy Policy means the Clubland Privacy Policy that is published on our Website or available through our Platform.

Subscription Fees means the monthly fees payable in respect of the registration for a Member Account to access the Platform, the amount of which will be specified at the time of creation of a Member Account.

Subscription Period has the period in respect of which Subscription Fees have been paid, in accordance with clause 4.3(c).

Website means the Clubland website currently available eaststigersstg.wpenginepowered.com or as updated by us from time to time.