Terms & Conditions of Use

About the Website

1. This ‘Website’ allows you to access and use Assemble Sports Software (‘Software’) which is owned by Assemble Sports Pty Ltd ABN 95 163 129 753 (‘Assemble Sports’). Assemble Sports may also provide related services and products (together with the Assemble Sports Software, these are referred to as the 'Services').
2. Please read these terms and conditions ('Terms') carefully. By using, browsing and/or reading 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 immediately cease using the Website, and/or Software and/or any of Services.
3. Assemble Sports reserves the right to review and change any of the Terms at any time at its sole discretion, including by updating this page. When Assemble Sports updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Term stake 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

4. You accept the Terms by remaining on the Website and continuing to use the Software. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface.

About the Service

5. Assemble Sports Software allows participants and administrators to register, administer and manage the relevant sports competition.
6. You acknowledge and agree that the user accounts currently offered, as well as the account features, may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
7. Some accounts may be governed by a separate Software Licensing Agreement with Assemble Sports, which may amend these Terms. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

Acceptable use of the Service

8. Assemble Sports Software, its related features, and website must only be used lawfully. Assemble Sports reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:

• To engage in any act that would disrupt the access, availability, and security of Assemble Sports Software and other Assemble services, including but not limited to:

1. Tampering with, reverse-engineering, or hacking our servers;
2. Modifying, disabling, or compromising the performance Assemble Sports Software or other Assemble Sports services;
3. Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources;
4. Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Assemble Sports;

2. For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws;
3. To stalk, harass or threaten users and any member of the public;
4. To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Assemble Sports or any third party;
5. To access or search any part of the Service, or any other Service owned by Assemble Sports other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement; or
6. To post, upload, share, or otherwise circulate content in violation of Assemble Sports Software’s content policy.

Security and Data Privacy

9. Assemble Sports takes your privacy seriously and information provided through your use of theWebsite, Assemble Software and/or Services are subject to Assemble Sports’ Privacy Policy, which is available here. The Privacy Policy also addresses Assemble Sports’ processes, policies, and obligations in respect of Assemble Sports Software security breaches.

Data Use

10. Assemble Sports collects, stores, and processes your data on Assemble Sports Software. The data is used to provide the Services to you, as well as to facilitate Assemble Sports’ business operations. The Privacy Policy outlines how your data is collected, stored, processed and used by Assemble Sports. The Privacy Policy also addresses Assemble Sports' processes, policies, and obligations in respect of data encryption and removal requests.

Registering to use the Service

11. In registering, you acknowledge and agree that it is your responsibility to ensure that any service you subsequently purchase is suitable for your use. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to name, address, contact and payment details. You warrant that any information you give to Assemble Sports in the course of completing the registration process will always be accurate, correct and up to date.
12. Once you have completed the registration process, you will be a registered user of the Services and agree to be bound by these Terms. You will be granted immediate access to the Services from the time you have completed the registration process. You may not use the Assemble Sports Software and/or receive services and may not accept the Terms if:

• you are not of legal age to form a binding contract with Assemble Sports; 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.

Payments

13. Subject to the terms of any applicable Software License Agreement, any fees charged may be paid by all payment methods available on the Website and may change from time to time.
14. Payments made in the course of your use of Assemble Sports Software may be made using third party applications and services not owned, operated, or otherwise controlled by Assemble Sports. You

1. acknowledge and agree that Assemble Sports will not be liable for any losses or damage arising from the operations of third-party payment applications and services; and
2. warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Assemble Sports Software services.

15. You acknowledge and agree that where a request for the payment for a service 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 payment.

Refund Policy

16. Assemble Sports will only provide you with a refund in the event they are unable to continue to provide the Services or if a manager of Assemble Sports makes a decision, in his or her absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the payment for service that remains unused.

Copyright and Intellectual Property

17. The Website, the Services and all of the related products of Assemble Sports are subject to copyright. The material on the Website and Software is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and Assemble Sports Software are owned or controlled for these purposes and are fully reserved by Assemble Sports or its contributors.
18. Assemble Sports does not grant you any other rights whatsoever in relation to the Website, AssembleSports Software or the Services. All other rights are expressly reserved by Assemble Sports.
19. Assemble Sports retains all rights, title and interest in and to the Assemble Sports Software and all related Services. 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), to you.

20. You may not, without the prior written permission of Assemble Sports 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 Services and/or Assemble Sports Software and/or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

General Disclaimer

21. 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.
22. Subject to this clause, 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
• Assemble Sports 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.

23. Use of the Website, Assemble Sports Software and/or receipt of the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Assemble Sports make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Assemble Sports) referred to on the Website, 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 Services, or any of its Services 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 Assemble Sports; and
• the Services or operation in respect to links which are provided for your convenience.

Limitation of Liability

24. Assemble Sports' total liability arising out of or in connection with the provision of these 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.
25. You expressly understand and agree that Assemble Sports, its affiliates, employees, agents, contributors 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 includes, 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.

Termination of Contract

26. The Terms will continue to apply until terminated by either you or by Assemble Sports as set outbelow.
27. If you want to terminate the Terms, you may do so by closing your accounts for all of the Services which you use, where Assemble Sports has made this option available to you.
28. Assemble Sports may at any time, terminate the Terms with you if:

• you have breached any provision of the Terms or intend to breach any provision;
• Assemble Sports is required to do so by law; or
• the provision of the Services to you by Assemble Sports is, in the opinion of Assemble Sports, no longer commercially viable.

29. Subject to local applicable laws, Assemble Sports reserves the right to discontinue or cancel your Account 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 Assemble Sports' name or reputation or violates the rights of those of another party.

Indemnity

30. You agree to fully indemnify Assemble Sports, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• 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 in any way or in connection with any content you upload or provide through the Website and/or Assemble Sports Software;
• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
• any breach of these Terms.

Dispute Resolution

31. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been fully complied with(except where urgent interlocutory relief is sought).
32. A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute (‘Notice’).
33. On receipt of that Notice, the parties to the Terms ('Parties') must within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
34. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Disputes Centre or his or her nominee;
35. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
36. The mediation will be held in Sydney, Australia.
37. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
38. If 5 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

39. The Services offered by Assemble Sports is intended to be viewed by residents of Australia. 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 New South Wales.

Governing Law

40. The Terms are governed by the laws of New South Wales. 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 New South Wales, 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

41. 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

42. 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.