Terms of Use Introduction
Sports Community is a tiered membership site for volunteers of sports clubs. Membership entitles the member access to a library of resources for the duration of their membership. Visitors to the Sports Community page that are not members can access limited content.
Both visitors and members of Sports Community accept the terms and conditions that follow when accessing any of the free or protected content on www.sportscommunity.com.au
Sports Community respects the privacy of the information provided to us by those that consume our information, engage or interact with us commercially and acts in accordance with Australian Privacy Laws as set out in our Privacy Policy and Australian Consumer Laws in regards to the provision of goods and service
Goods and Services provided
These terms and conditions cover the following goods and services provided by Sports Community:
– Access to www.sportscommunity.com.au free content
– Paid membership to www.sportscommunity.com.au
– Club Spot Membership
– Paid Webinars
– Paid Online Courses
– Paid Classroom Courses
– Paid eBooks
– Paid Consulting
Currency. All Fees are quoted in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as US dollars or British pounds).
GST. For Customers in Australia, GST is applicable to any Fees charged by the Company to the customer. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. Sports Community will provide the Customer with a Tax Invoice for any payments when requested by the customer
Product Refund Policy
Sports Community provides refunds in accordance with Australian Consumer Law. For intangible goods such as downloads of eBooks and online courses, Sports Community will reissue a download when a customer indicates their initial download did not complete or resulted in a damaged download file. Or we may choose to deliver the product via other means such as DVD or usb media. We do not refund for a change of mind, choosing the incorrect product to download and wanting to swap for another eBook or online course.
Event Cancellation Policy
Customer cancellation: In respect of paid webinar, classroom training or ticketed events hosted by Sports Community, full refunds will be issued for notification of cancellation where more than 24 hours notice is given otherwise no refund will be given on cancellations where less than 24 hours notice is given or for non-attendance.
Registrations can be transferred to other parties but at least 24 hours notice and new registrant details must be given to Sports Community
Host cancellation: In the event Sports Community cancels an event – full refunds will be given to all paid ticket holders for the event.
Memberships
Sports Community has 3 levels of membership:
Sports Community Individual membership
Sports Community Club Membership
Sports Community Club Spot
Defining memberships
Sports Community memberships are a unique service which has a number of key components:
- A private library of training and support videos, templates, checklists, and many other types of resources which can be used by sports club volunteers
- An Online Resource Hub that can also be used to host club information or volunteer resources created by the client
- For Club and Club Spot level memberships, registered members will receive regular emails (at least monthly) designed to guide them through key activities which generally need to be undertaken by the club during that month and link to the best available training resources available, whether they be videos, information, tools or templates which can support the volunteer through each task. These checklists may link to resources within their membership level or to third party resources such as playbytherules.net.au.
Licensing Club Spot
For club and club spot level of memberships, clients license the use of the library of resources that make up their membership level and make them available to their affiliated clubs and/or volunteers.
Sports Community provides Clients access to Club Spot subject to the terms and conditions contained in this agreement.
Terms
Membership agreements are for a term of twelve months commencing. Access will only be provided once all fees are paid in full.
Membership fees
The annual membership licence fee is made up of the following components:
- The license fee for the first 12 months which will vary depending on the membership level purchased.
- A once off establishment fee
- Up to 15 files supplied by the Client at the time of set up are included in the establishment cost.
- Resources provided by the user for inclusion in their membership post establishment may incur additional fees of $50.00 + GST per video upload, $25.00 + GST per any other file format uploaded.
Costs are for a maximum combined size with files totalling 1GB. Over 1GB additional fees may apply.
Membership annual renewal
No later than 90 days prior to the end of this agreement Sports Community will provide the client a Tax Invoice requesting payment for renewing their membership for a further 12 months.
The Client will notify Sports Community within 45 days of expiration of its agreement of its intention to either renew or terminate their Club Spot agreement.
Other than annual license fees, which may change from year to year with any change reflected in the annual Tax Invoice, unless otherwise agreed, all other aspects of this agreement, will be extended for the new membership period.
The annual license renewal fee must be paid prior to commencement of each membership year. Sports Community reserves the right to suspend the Client’s Club Spot membership until all fees are paid.
If any part of this agreement, other than annual license fees, changes as part of the annual renewal process a new agreement will be issued and signed by both parties.
Establishing Club Spot for Clients
Upon signing of the membership agreement the following steps to establish access to their membership resources are to be undertaken:
- Sports Community will establish the Clients Online Resource Account.
- The Client will provide to Sports Community a list of clubs, the names of the key club contacts and their email addresses along with other information required by Sports Community.
- Sports Community will load the Client’s club and volunteer information into the membership system, establishing an account for each volunteer.
- The Client will announce the launch of their membership to Sports Community to their affiliated clubs, associations and volunteers. While Sports Community will do all it can to publicise the availability of a Client’s Sports Community membership in order to maximise its usage it is up to the Client to market and promote their membership to their affiliated clubs and volunteers
- Sports Community will notify participating volunteers of their membership and ask them to register or invite other volunteers from their club or association who they believe will benefit from the Sports Community membership to register for access and future guiding emails.
Privacy
Any information provided by the Client will treated in accordance with our Privacy policy available at www.sportscommunity.com.au
Sports Community responsibilities
Under this agreement Sports Community will:
- Provide a dedicated and secure membership platform to be accessed by registered volunteers and affiliated clubs for the duration of this agreement.
- Provide to the Client a link to a registration page which the Client can then circulate to its participating clubs and volunteers to increase take up.
- Require each person at time of registering for to provide details and declare they are a true volunteer of the affiliated club, council or sporting body.
- Keep the Client’s provided information confidential and secure at all times.
- Monitor and report to the Client on a quarterly basis the following information:
- The number of volunteers registered in the membership
- The number of total video views for the quarter
- The number of times a library resource was accessed during the period
- Regularly add new resources to the library.
Client responsibilities
The success of Sports Community membership relies upon the Client’s ability to incorporate its membership resources into its club and volunteer services. Due to the nature of volunteering Sports Community membership is not a “build it and they will come” resource. It must be continually re-enforced and promoted to clubs and their volunteers. To maximise membership effectiveness, it needs to be incorporated into as many policies, procedures, communications and activities as possible.
Under this agreement the client will:
- Establish access to Sports Community membership via your website with a link to your membership from all pages regularly accessed by volunteers on your website.
- Include membership details in newsletters and communications to clubs and volunteers (Sports Community can provide content relevant to volunteers for each newsletter).
- Promote Sports Community membership regularly on your social media channels (Sports Community can provide social media posts)
- Promote at forums, events, training sessions and meetings; where possible encouraging registrations and sending them to Sports Community for loading into the membership system. (Sports Community will provide a manual registration list)
- Announce and regularly promote Sports Community membership to their clubs and volunteers on at least a quarterly basis but ideally on a monthly basis.
- The Client will send Sports Community membership welcome/introduction emails at the start of the summer and winter sporting seasons to its affiliated clubs and volunteers inviting them to participate in their membership.
Validation of users
While Sports Community will make every effort to ensure Sports Community Membership is only accessed by clubs and volunteers affiliated to the Client, we are unable to validate if a user of Sports Community Membership is genuinely affiliated to a Client affiliated club.
Sports Community and the Client will work together to ensure only Client clubs and volunteers access the Client’s Sports Community Membership.
Sports Community may terminate an individual’s membership, after consultation with the Client, if it is considered the membership is being used contrary to the terms of this agreement.
Sports Community Membership intellectual property
All information, content, resources and videos included in the Client’s Sports Community Membership other than those which have been provided by the Client will at all times be and remain the property of Sports Community.
The Client may not circulate any material or resources provided in their Sports Community membership to any third party without written permission from Sports Community, unless it is required to do so by law.
The Client is under no circumstances allowed to charge a fee to their clubs, associations or volunteers to access and participate in their Sports Community Membership
Sports Community membership Issues resolution process
The parties undertake to use all reasonable efforts in good faith to resolve any issues or disputes which may arise between them in connection with this agreement although nothing prevents a party taking legal proceedings or other steps in connection with this agreement.
Upon termination of this agreement to purchase Sports Community Membership
Either party may terminate this agreement, for any reason, by giving 28 days’ notice in writing or email to the other party of their intention to terminate this agreement.
If the Client terminates this agreement for any reason, no part of the annual license fee or the initial establishment will be refundable.
If this agreement is terminated Sports Community will:
- Terminate access to the Client’s membership at the end of the termination notice period or earlier if agreed by both parties.
- Within 28 days of the termination date, return all information and materials provided by the Client.
- By the termination date remove any reference to the Client in any and all Sports Community Membership or Sports Community marketing or communication materials.
- Delete and under no circumstance use or make reference to information provided by the Client, unless that information is also available in the public domain.
Copyright and Intellectual Property
Trademarks. Sports Community has moral & registered rights in its trademarks and the visitor or member shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Sports Community.
- Proprietary Information. Sports Community may use software and other proprietary systems and Intellectual Property for which Sports Community has appropriate authority to use, and the Client agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The Client warrants that it shall not infringe on any third-party rights through the use of Sports Community services.
- Visitors, customers and members of Sports Community cannot directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in www.sportscommunity.com.au.
- Content. All content on www.sportscommunity.com.au (with the exception of User Data and third parties) remains the Intellectual Property of Sports Community, including (without limitation) any source code, ideas, enhancements, feature requests, suggestions, text, graphics or videos.
- 4. With regards to website content – visitors, customers and members must not modify, copy, distribute, transmit, display, perform, reproduce, publish, sell or license any of the Intellectual Property;
- Visitors, members and customers are able to copy and reproduce content for non-commercial, personal use for research purposes.
Third Party Access
Sports Community provides access through referral links and promotion to many third parties and cannot guarantee the privacy policy of the third party. Visitors and members should ready the privacy policy of any site they click link to from Sports Community to ensure the privacy of their data.
Visitors and members must also comply with the third parties Terms of Service and Sports Community will be in no way liable for any breach of the Third Parties Terms of Service by a visitor or member of Sports Community that has connected to the third party online asset via a link on www.sportscommunity.com.au
While we make every effort to work with trusted third parties we cannot guarantee that a third party site linked to on www.sportscommunity.com.au is free of all security issues and will not cause harm to the visitor in the form of viruses or malware.
Support
Sports Community provides support on all its products and services via telephone and email listed on our contacts page.
Support is provided based on contractual agreement between Sports Community and the client.
Sports Community reserves the right to charge fees for any support requests made outside of what is contractually agreed upon.
DISCLAIMER Third Parties
Information contained on www.sportscommunity.com.au may be supplied by third party providers. Whilst We take care to keep this information up to date, the visitor/member acknowledges that Sports Community is not responsible for the accuracy of information supplied to Us by third parties.
Liability and Indemnity
The Visitor/Member agrees that it uses www.sportscommunity.com.au at its own risk.
1.The Visitor/Member acknowledges that Sports Community is not responsible for the conduct or activities of any user and that the Sports Community is not liable for such under any circumstances.
- The Visitor/Member agrees to indemnify the Sports Community for any loss, damage, cost or expense that the Sports Community may suffer or incur as a result of or in connection with the Visitor/Member’s use of Sportscommunity.com.au or conduct in connection with Sports Community, including any breach by the Visitor/Member of this Agreement.
- In no circumstances will Sports Community 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 Visitor/Member’s access to, or use of, or inability to use www.sportscommunity.com.au, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Sports Community knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
- Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Sports Community and the Sports Community related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, Sports Community’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Sports Community’s option to:
- The re-supply of services or payment of the cost of re-supply of services; or
- The replacement or repair of goods or payment of the cost of replacement or repair.
BREACH
- Where a party is in breach of this Agreement, the other party may issue a written notice (Breach Notice) requiring the party in breach that must set out:
- The nature of the breach;
- The provisions of the Agreement that are alleged to have been breached;
- A reasonable timeframe to remedy the breach in no less than 10 Business Days; and
- The action required to remedy the breach.
- Where a party issues a compliant Breach Notice in accordance with clause 1, the receiving party shall be required to respond and/or remedy the breach as so set out in the Breach Notice. Failure to respond in writing setting out:
- The steps taken to remedy the breach; or
- Why the party believes it is not in breach as put forward in the Breach Notice,
- Shall not in itself confirm the alleged breach but shall be in itself a breach of this Agreement.
- Failure to remedy a breach set out in a Breach Notice shall be a material breach of this Agreement (Material Breach).
TERMINATION
- Breach. Where a party is in Material Breach of this Agreement, the other party may terminate this Agreement by giving written notice of termination, which shall become effective 5 Business Days after the date of the notice.
- Insolvency. Either party may terminate this Agreement immediately by notice, if either party:
- Stops or suspends or threatens to stop or suspend payment of all or a class of its debts;
- Is insolvent within the meaning of section 95A of the Corporations Act;
- Fails to comply with a statutory demand (within the meaning of section 459F(1) of the Corporations Act) unless:
- The debt to which the statutory demand relates is discharged within 15 Business Days of the date of the failure; or
- The party demonstrates to the satisfaction of the other party (acting reasonably) that it is able to pay all its debts as and when they become due and payable;
- Has an administrator appointed in respect of it;
- Has a controller within the meaning of section 9 of the Corporations Act or similar officer appointed to the whole or a substantial part of its assets or undertaking and that controller or similar officer is not removed within 15 Business Days of the appointment;
- Has an order made or a resolution passed for its winding up or dissolution or it enters into an arrangement, compromise or composition with or assignment for the benefit of its creditors or a class of them;
- Has any security enforced over, or a distress, execution or other similar process levied or served against, the whole or a substantial part of its assets or undertaking; or
- Is subject to any event, which, under the law of any relevant jurisdiction, has an analogous or equivalent effect to any of the events listed above.
- 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.
DISPUTES
1 All disputes shall be handled in accordance with the following dispute resolution policy.
- 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 discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;
- 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 , the parties must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution;
- 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 unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that are not compensable in damages.
LIABILITY
Sports Community operates under Australian Consumer law
INDEMNITY
The visitor/member/client agree to indemnify Sports Community, Our 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 or in connection with any information you post or provide to Us through this website or a related electronic message service; and/or any direct or indirect consequences of you accessing, using or transacting on this website or attempts to do so and any breach by you or your agents of these Terms and Conditions.
GOVERNING LAW
These Terms and Conditions are governed by the laws of Victoria,Australia. If any part of these Terms and Conditions is found to be invalid or unenforceable, it shall be severed to the extent possible without affecting the remainder. These Terms and Conditions and any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms and Conditions 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.
This website is intended to be accessed and used by residents of Australia. In the event of any dispute arising out of or in relation to this website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.