Club2Athlete

Club2Athlete

General Terms and Conditions

Friday, 23 September 2011 | Hits: 2977

 

Version V2.0 dated 25/02/2013

  1. Welcome to the Club2Athlete.com website, we trust that you will review the terms and conditions set down within this document. If you choose to browse the website and / or register with club2athlete.com as a member, you are agreeing to comply with and be bound by the following terms and conditions of use.
  2. The terms and conditions of use are subject to change at any time, and changes are effective upon them being posted on Club2Athlete.com.  You must from time to time visit this page for the purpose of maintaining an up to date knowledge of our terms and conditions of use.
  3. Where in these terms and conditions of use we make reference to Club2Athlete.com’s website we also include Club2Athlete.com sub domains.

Eligibility

  1. To be eligible to use the Club2Athlete.com website, you must meet the following criteria and warrant that you:
    • are over the age of 13 years old;
    • are not currently restricted from using Club2Athlete.com website, or not otherwise prohibited from having a registered membership by Club2Athlete.com management;
    • are not a competitor of Club2Athlete.com or are not using the Club2Athlete.com services for reasons that are in competition with Club2Athlete.com; and
    • agree to provide at your cost all equipment, software, and internet access necessary to use Club2Athlete.com services.

Login Information

  1. You agree to:
  • maintain security over your password by not allowing the use of your password by another person or system;
  • not allow another person or system to use your membership account
  • not utilise another membership account;
  • not sell, trade, or otherwise transfer your Club2Athlete.com membership account to another party;
  • be accountable for anything that happens through your membership account until you close down your membership account or prove that your membership account security was compromised due to no fault of your own;
  • provide at time of registration true and accurate information;
  • maintain the accuracy of that information over the life of the membership; and
  • have only one membership account at any one time within Club2Athlete.com

User Generated Content

  1. Club2Athlete.com owns and retains both intellectual and proprietary rights in the Club2Athlete.com brand. In addition the website contains copyrighted material, trademarks and other intellectual property belonging to Club2Athlete.com.  Users and/or members may not copy, modify, publish, transmit, distribute, perform, display, link to, frame, pass off or sell any such intellectual property without the prior written consent of Club2Athlete.com.
  2. In consideration of providing the club2Athlete.com service to you and permitting you to post content to assigned areas of this website, you automatically grant, and that you represent and warrant that you have the right to grant, to Club2Athlete.com an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display and/or distribute any content originally or subsequently posted by you in any areas of this website and prepare derivative works of, or incorporate in other works, such Public Content, and to grant and authorise sublicenses for the foregoing / same.
  3. Club2Athlete.com claims the right to censor any content uploaded by users or members onto the website. In doing so Club2Athlete.com claims the right to delete or modify any content that in the sole judgment of club2athlete.com is inappropriate, offensive, illegal, sexually explicit or not in the spirit of the website.
  4. Club2athlete.com does not control the information provided by other users of the website that are made available through its technical platform.  Therefore users and/or registered members are solely responsible for the content that they upload, publish or display on the Club2Athlete.com website, or transmit to other Club2Athlete.com users and other websites, registered users and/or members. Users and/or registered members agree to fully indemnify and hold Club2Athlete.com blameless in relation to any content they find offensive, sexually explicit, harmful, inaccurate, dishonest, misleading or deceptive, simply untrue and factually incorrect.
  5. Users and/or registered members agree that they will fully indemnify Club2Athlete.com for any costs, including all legal costs related to any content they upload, publish or display on the Club2Athlete.com website, or transmit to other Club2Athlete.com users and/or registered members.
  6. Any user of Club2Athlete.com will agree to:
  • Not post any form of illegal content;
  • Not post any from of discriminatory, threatening, abusive or antisocial content or behave in any way that is considered discriminatory, threatening, abusive or antisocial when utilising Club2Athlete.com’s services and products;
  • Not harass other users with spam, junk mail or chain letters;
  • Not publish copyrighted material without permission to do so from the owner of the material;
  • Not spread viruses or use any robot/spider or other automatic device or manual process to monitor or copy the Club2Athlete.com website pages or the content contained therein without cClub2Athlete.com’s prior written permission;
  • Not behave in a manner, which a reasonable user, registered user and/or member of Club2Athlete.com would consider to be offensive, and not in the spirit of the website.
  • Not promote items, organisations related to alcohol, tobacco, drugs, pornography, sexually explicit material or Club2Athlete.com competitors.
  1. Club2Athlete.com denies all responsibility and liability for all user generated content. In particular users and registered members of Club2Athlete.com agree that Club2Athlete.com:
    • is not responsible for any incorrect, inaccurate or simply untrue content posted on, or transmitted through any of the communication channels on the website;
    • is not responsible for any failure of the Club2Athelte.com service, whether caused by users and / or registered members or by any of the equipment or programming associated with or utilised by Club2Athlete.com;
    • is not responsible for any error, omission, interruption, deletion or delay in the operation or transmission of the services provided by Club2Athete.com;
    • is not responsible for any failure of communications lines or congestion of the Internet;
    • is not responsible for the theft or destruction or unauthorised access to, or alteration of, user and/or member content and/or communications;
    • is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers computer equipment, software, on account of technical problems or traffic congestion on the Internet or at any website or any combination there of;
    • provides the website on an 'AS-IS' basis and expressly does not warrant any fitness of purpose of use of the website; and
    • Cannot guarantee and does not promise or warrant any specific results from the use of the website.
  2. For as long as Club2Athlete.com continues to offer the services, Club2Athlete.com shall provide and seek to update, improve and expand the services.  As a result, we allow you to access Club2Athlete.com as it may exist and be available on any given day and have no other obligations, except as expressly stated in these terms and conditions of use.  We may modify, replace, refuse access to, suspend or discontinue Club2Athlete.com, partially or entirely, or change and modify prices for all or part of the services for you or for all our users at our sole discretion.
  3. If you create content within Club2Athlete.com, you should be aware that any personally identifiable information you choose to provide there can be read, collected, or used by other users and / or registered members of our services. Club2Athlete.com is not responsible or liable for the information you choose to submit.  You can delete your content at any time. However, please note that content you have shared by means of post and / or communicating maybe used by other users and members of Club2Athlete.com, and Club2Athlete.com cannot and will not guarantee that other users and members of Club2Athlete.com have not made copies of or use the ideas and information that you share with others within Club2Athlete.com.
  4. If you delete any information and / or data or request that Club2Athlete.com delete your home page and associated pages, you need to acknowledge that such activity does not delete your information and data stored within our backup system or delete your information and data you have shared with other users and / or registered members or systems external to Club2Athlete.com.
  5. Club2Athlete.com has links and allows the creation of links to other websites.  Any link does not signify that Club2Athlete.com endorses the website and Club2Athlete.com is not responsible or liable for the content of the linked website(s).

Sportfunding Campaigns

  1. Club2athlete.com provides a Sportsfunding feature as an online crowdfunding service for Club2Athlete.com registered members and users. The purpose of the Sportsfunding feature is to allow registered members to raise funds to support their sporting objective(s).

  2. If you use the Sportsfunding capability of Club2Athlete.com, you agree to all other clauses within this agreement, including:

  • Club2Athlete.com is not a party to any interactions and cannot be held liable for any interactions between the creator of a Sportsfunding campaign and Club2Athlete.com users and registered members. All dealings are between the Sportsfunding campaign creator and users or registered members. Club2Athlete.com is under no obligation to get involved, arbitrate or resolve any conflict between the Sportsfunding campaign creator and users or registered members.

  • Funds pledged to Sportsfunding campaigns will be collected utilising Paypal online payment platform. Club2Athlete.com cannot guarantee the Paypal online payment platform service. 

  • Payment of the funds (less service changes) to the Sportsfunding campaign creator will occur after the creator has fulfilled the requirements of an event report and provide a video and / or photos of the creator at the event and after such time (as determined by Club2Athlete.com) to allow users or registered members to raise any concerns.

  • Club2Athlete.com does not offer refunds.

  • The Creator of a Sportsfunding campaign agrees to make all reasonable attempts to fulfil each reward.

  • Club2Athlete.com is not responsible or liable for the performance or success of the creator’s Sportsfunding campaign and does not endorse, recommend or valiadate any Sportsfunding campaign.

  • Club2Athlete.com reserves the right to remove any Sportsfunding campaign and / or events and / or rewards for any reason. Club2Athlete.com is not liable for any damages arising from any action to remove Sportsfunding campaigns, events or rewards. 

  • Sportsfunding campaign creators are responsible for complying with all taxation requirements associated with the collection and receipt of funds.

Privacy

  1. Your privacy is very important to us. Our primary purpose in collecting personal information is to provide you with a smooth, efficient, safer and customised experience.  This allows us to provide services and features that most likely meet your needs, and to customise our services to make your experience safer and easier.  We only collect personal information about you that we consider necessary for this purpose and to achieve this goal.  If you join a club or obtain sponsorship certain information such as contact details are made available to the profile owner. You should contact the profile owner to review their privacy policy and discuss with them any concerns you may have.  Club2Athlete.com can not be held accountable for the actions of profile owners or the relationship between you, your clubs or sponsors.

Payment

  1. If you purchase any service offered by club2Athlte.com, either on a one-time or subscription basis, you agree to Club2Athlete.com storing your payment information. You also agree to pay the applicable fees for any Club2Athlete.com service as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.

Termination / Refunds

  1. Club2Athlete.com retains the right to terminate and cancel with no refund or compensation the registration or membership of any registered member who, in Club2Athlete.com’s sole discretion, acts in breach of these terms and conditions of use.
  2. In addition, in the context of any illegal activity, Club2Athlete.com will cooperate with any investigation carried out by any authorised State, Federal or Commonwealth law enforcement agency or commission.
  3. If you request an early termination of your membership and / or registration, you will not be entitled to any refund of any unused subscription fees or one off payments.

Limitation of Liability

  1. Except where such provisions are restricted by legislation (and in that event liability is disclaimed to the fullest extent permitted).  In no event will Club2Athlete.com be responsible or liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages including commercial losses or personal injury arising from your use of the website or of the Club2Athlete.com service, even if Club2Athlete.com has been advised of the possibility of such damages.
  2. Notwithstanding anything to the contrary Club2Athlete.com’s liability to whatsoever and howsoever arising regardless of the form of the action will at all times be limited to the amount paid, if any, by you to Club2Athlete.com during the term of your registration and / or membership.

Indemnity

  1. You agree to fully indemnify and hold Club2Athlete.com, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including all legal fees and costs, made by you or any third party due to or arising out of your use of any club2athlete.com services or products in violation of this agreement and / or arising from a breach of these terms and conditions of use.

Jurisdiction

  1. These Terms and Conditions of use are governed by and construed in accordance with the laws of Queensland, Australia.  In the event that a dispute arises from these Terms and Conditions, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia, and any courts, which may hear appeals from those courts.