WEBSITE TERMS AND CONDITIONS AS AT 1 MARCH 2016

Terms of Service

Please carefully read the terms and conditions set out below. They state:

(a)how you may use the Sporsta online platform (the Site), operated by Sports Technology Systems Pty Ltd ACN 609 886 848 trading as Sportsta (Sportsta, us, our); and

(b)our limitations of liability.

1.Terms and Conditions

1.1These terms and conditions (Terms) govern your use of the Site, including:

(a)your access to and use of the Site; and

(b)your uploading, downloading and streaming of any materials to or from the Site.

1.2By using our Site, you confirm that you agree to comply with the Terms. If you do not agree to be bound by these Terms, do not use the Site.

1.3Your right to access and use the Site, and upload, download and stream materials to or from the Site, ceases immediately if you use the Site in breach of the Terms.

1.4The sale of products via the Site (such as merchandise, subscriptions and event tickets) is governed by separate Terms and Conditions of Sale.

1.5In these Terms, unless the context otherwise requires:

(a)words and phrases defined in the Copyright Act 1968 (Cth) have the corresponding meaning;

(b)clause headings do not affect interpretation of these Terms; and

(c)words importing the singular include the plural and vice versa.

2.Changes to the Terms

2.1We may update these Terms from time to time. Amendments to the Terms will be effective from the date that the revised Terms are made available on this page. You are responsible for checking the Terms each time you access and use the Site. To make this easier, each version of the Terms will be dated with the date on which it commences.

3.Licence

3.1You may view, download, stream and print material from this Site for your personal use only (including for research and information), or for the purpose of assessing whether or not to purchase a product from us.

3.2For clarity, the licence in clause 3.1:

(a)is non-exclusive and non-transferable; and

(b)does not extend to any use covered by Part VB or section 183 of the Copyright Act 1968 (Cth) (instead, to the extent that those provisions are available to you, you may rely on them to use material on the Site).

4.The Site

4.1We retain and reserve all right, title and interest (including present and future copyright) in the Site and in all components and elements of the Site, including any sound recordings, film, artistic works, literary works or music videos contained on the Site.

4.2We may change the Site (including by removing or adding content, links and other URLs) and make the Site inaccessible, or modify, discontinue or upgrade the Site at our discretion, without notice and without liability to you or anyone else.

4.3The content on the Site is provided for general information only and is offered on an “as is” basis. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Site. You must also always make your own enquiries to confirm any information included on the Site (for example, the advertised dates or venues for events may change).

4.4You are responsible for:

(a)making all arrangements (such as for software, hardware and internet connectivity) that may be necessary to gain access to the Site (when available) or any content on it;

(b)making all arrangements to protect your software, hardware and internet connectivity from any bug or virus by using your own virus protection software; and

(c)ensuring that anyone who accesses the Site through your internet connection is both aware of these Terms and complies with them.

4.5If we enable you to post material on the Site (such as photos, videos or comments):

(a)you agree only to post material which:

(i)you own, control or are otherwise authorised to post;

(ii)does not infringe the rights of others;

(iii)is not defamatory or obscene; and

(iv)does not otherwise breach any laws;

(b)you grant us an exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable, transferable licence to use, reproduce, adapt, publicly perform and communicate to the public that material, including by any and all means and media, whether now known or existing in the future;

(c)you warrant that you have the right to grant such a licence and you promise that our use of the material in accordance with that licence will not infringe the rights of any person;

(d)you agree that we will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our Site;

(e)you agree not to take any action against us based on or in any way related to content you or some other person posting material to the Site has uploaded or otherwise made available;

(f)you acknowledge that, in exercising any rights granted by you to us under this clause, we are not required to attribute you as the author of material, we may attribute others as the author of it and that the material will be considered non-confidential and non-proprietary; and

(g)subject to our Privacy Policy http://sportsta.me/privacy-policy/ and at our complete discretion, we may delete, edit, change or deal with all or any part of that material in any manner (including for promotional purposes).

4.6We have the right at any time to disable any user identification code or password (whether chosen by you or allocated by us) if, in our reasonable opinion, you have failed to comply with any of the provisions of the Terms.

4.7Where the Site contains links to other sites and resources provided by third parties, these are provided for your information only, and you acknowledge that we have no control over the content of those sites or resources.

5.Contact information

5.1Subject to our Privacy Policy, if you supply personal information to us via the Site, you agree that we can contact you to provide you with information about events, updates and activities we think that you would be interested in.

6.Further obligations and indemnities

6.1Except as expressly permitted by law, or as expressly authorised by us in writing, you agree not to:

(a)reproduce or communicate to the public any of the materials available on the Site other than in accordance with these Terms;

(b)modify any materials you print, copy, download or stream from the Site;

(c)reverse engineer, access the source code of, or otherwise deal with the Site without our express written permission;

(d)use any device, software or routine to interfere or attempt to interfere with the proper working of the Site (including by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful);

(e)attempt to gain unauthorised access to the Site, the server or servers on which the Site is stored or any server, computer or database connected to the Site;

(f)attack the Site via a denial-of-service attack or distributed denial of service attack;

(g)remove any copyright notice or metadata from the Site;

(h)systematically download material from the Site in aggregate quantities to store it for uses other than permitted under clause 3.1;

(i)take any action which imposes an unreasonable or disproportionately large load on the Site or our infrastructure;

(j)use any part of the content of the Site for commercial purposes; or

(k)disclose to or share with any person or entity any password or log-in details with which we may provide you, or use your password or log-in details for any unauthorised purpose.

6.2You agree to:

(a)comply with all relevant laws relating to the use of the Site and relating to any product or service you purchase or otherwise acquire from us;

(b)promptly notify us at privacy@sportsta.me if you know or suspect that any person not authorised by us knows any user identification code or password we have allocated to you or that you have chosen to use in relation to the Site or our products; and

(c)indemnify us against any and all liability, loss, damage, cost or expense caused by any breach by you of any provision of these Terms.

6.3You warrant that, subject to any obligations in relation to privacy (including our Privacy Policy), any account or personal information you provide is accurate.

6.4By continuing to use the Site, you agree to us installing cookies. If you do not agree to us installing cookies, you should look to amend your browser preferences accordingly, and also expect that not all features of the Site will work optimally for you.

7.Our liability is limited

7.1Unless expressly stated otherwise, and except where required by law, we make no warranties, express or implied, in relation to the Site or the information or services supplied through this Site, including but not limited to warranties of accuracy, reliability, merchantability or fitness for a particular purpose.

7.2To the maximum extent permitted by law, we do not make any warranties that the Site will be available, complete, up-to-date, uninterrupted or free from errors, omissions, bugs or viruses.

7.3To the maximum extent permitted by law and except as expressly stated in these Terms, all other express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Site or any content on the Site arising from these Terms are expressly excluded.

7.4If any of the exclusions or limitations set out in this clause are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of any applicable goods or services, or the supply of equivalent goods or services.

7.5In no event will we (including our agents, employees or contractors) be liable for any:

(a)direct loss; or

(b)indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill, or business interruption,

however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising as a result of or in connection with our acts or omissions pursuant to these Terms, including loss:

(c)caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it or on any Sites linked to them; or

(d)that may arise from your use of websites to which our Site links (such links are not to be interpreted as endorsement by us of those linked websites or of any goods or services offered on or through them).

8.General

8.1We may transfer our rights and obligations to you to another organisation, but this will not affect your rights or our obligations under these Terms.

8.2You must not transfer your rights and obligations under these Terms to another person.

8.3Neither these Terms nor your use of the Site create any agency, partnership or employment relationship between you and us.

8.4These Terms contain the entire agreement between you and us relating to the Site and supersedes any prior agreement.

8.5If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

8.6If we fail to insist that you perform any of your obligations under these Terms, do not enforce our rights against you, or delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. We will only waive our rights against you in writing, in which case any such waiver only applies to the specific default by you and does not apply to any subsequent or future default by you.

8.7Any notices required or able to be given by us under these Terms may be given by email to any email address you provide to us. Any notices required or able to be given by you must be sent to privacy@sportsta.me

8.8These Terms are governed by the law in force in New South Wales, Australia. You and we both agree to that the courts of New South Wales will have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms.