Welcome to The Netball Vault! We provide netball development services for athletes, coaches and umpires.
1. Disclaimer
Neither we nor our personnel are medical practitioners, and we do not give medical advice. Our Platform and any content shared on our Platform is intended to provide you with netball development resources only. You acknowledge and agree that nothing in our Platform may be taken to be medical advice by us or our personnel, nor are they intended to be a substitute for consulting a medical practitioner. The content provided will not provide any accreditation.
2. Our Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
3. Introduction
3.1 These
terms and conditions (Terms) are entered into between Inspire Sports Pty
Ltd as the trustee for Inspire Sports Group trading as Inspire Netball Group
ABN 85 768 231 056 (we, us or our) and you, together the Parties
and each a Party.
3.2 We
provide a cloud-based, software as a service platform for netball development (Platform).
3.3 In
these Terms, you means the person or entity registered with us as an
Account holder.
3.4 If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
4. Acceptance and
Platform Licence
4.1 You
accept these Terms by clicking “subscribe” or similar or by using the Platform.
4.2 If
you are under 16 years old, we require consent from your parent or guardian to
subscribe to our Platform.
4.3 We
may amend these Terms at any time, by providing written notice to you. By clicking
“I accept” or continuing to use the Platform after the notice or 30 days after
notification (whichever date is earlier),
4.4 Subject
to your compliance with these Terms, we grant you and your Authorised Users a
personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable
licence to use our Platform in accordance with these Terms. All other uses are prohibited without our
prior written consent.
4.5 When
using the Platform, you and your Authorised Users must not do or attempt to do
anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy
(including uploading private or personal information without an individual’s
consent) or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend
any person, including using the Platform to send unsolicited electronic
messages;
(c) tampering with or modifying the Platform (including by transmitting
viruses and using trojan horses);
(d) using data mining, robots, screen scraping or similar data
gathering and extraction tools on the Platform; or
(e) facilitating or assisting a third party to do any of the above acts.
5. The Netball Vault Services
5.1 In
consideration for your payment of the Fees, we agree to provide you and your
Authorised Users with access to the Platform, the support services as detailed
in this section, and any other services we agree to provide as set out in your
Account.
5.2 We
agree to use our best endeavours to make the Platform available at all times. However,
from time to time we may perform reasonable scheduled and emergency
maintenance, and the Platform may be unavailable during the times we are
performing such maintenance.
5.3 Should
you be unable to access the Platform, or should you have any other questions or
issues impacting on your use and enjoyment of the Platform, you and your
Authorised Users must place a request via email. We will endeavour to respond
to any support requests in a reasonable period.
5.4 You
acknowledge and agree that the Platform may be reliant on, or interface with
third party systems that are not provided by us (for example, cloud storage
providers and internet providers) (Third Party Services). To the maximum
extent permitted by law, we shall have no Liability for any Third Party
Services, or any unavailability of the Platform due to a failure of the Third
Party Services.
5.5 You
acknowledge and agree that data loss is an unavoidable risk when using any
software. To the extent you input any data into the Platform, you agree to
maintain a backup copy of any data you input into the Platform.
5.6 To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.
6. Accounts
6.1 You
must register on the Platform and create an account (Account) to access
the Platform’s features. Each Authorised User will require a login that is
linked to your Account in order to access the Platform.
6.2 You
must provide basic information when registering for an Account including your contact
name and email address and you must choose a pin code.
6.3 All
personal information you and your Authorised Users provide to us will be
treated in accordance with our Privacy Policy.
6.4 You
agree to provide and maintain up to date information in your Account and to not
share your Account pin code with any other person. Your Account is personal and
you must not transfer or provide it to others with the exception of your
Authorised Users.
6.5 You
are responsible for keeping your Account details and your username and pin code
confidential and you will be liable for all activity on your Account, including
purchases made using your Account details, and any activity from one of your
Authorised Users. Each Authorised User is responsible for keeping their login
details confidential. You agree to immediately notify us of any unauthorised
use of your Account.
6.6 When you create an Account, you must also select a membership (Membership). You may choose between different tiers of Membership with different services as set out on our Platform.
7. Group Subscriptions
7.1 If
set out in your Account, you may be permitted to invite a number of users to
the Platform, who will be permitted to access and use the Platform under your
Account (Authorised Users). We agree to provide you with the number of
Authorised Users as set out in your Account.
7.2 The
Authorised Users will have permission to access certain features of the
Platform and your Account, as detailed in your Account.
7.3 If
an Authorised User terminates their account before completion of the minimum
period, you may replace them with another user at your discretion (Replacement
User). In this case, the Replacement User will be subject to the same terms
as the Authorised User.
7.4 Where
you do not find a Replacement User, subject to your Consumer Law Rights, you
will not be eligible for a reduced Fee or refund for the remainder of the minimum
period.
7.5 You will ensure that each Authorised User complies with these Terms. You are responsible and liable for the acts or omissions of your Authorised Users.
8. Memberships
8.1 All
our Memberships are for a minimum annual period which automatically renews for
ongoing annual periods unless you terminate your Membership with 30 days’
written notice to us prior to the end of the then current annual period. You
may select to pay the membership
fee set out on the Platform (Fees) either monthly or annually in
advance.
8.2 You
agree to pay us the Fees in advance for
each billing period via direct debit starting on the day you sign up to
Membership and annually or monthly thereafter.
8.3 The
payment methods we offer for the Fees are set out on the Platform. We may offer
payment through a third-party provider. You acknowledge and agree that we have
no control over the actions of the third-party provider, and your use of the
third-party payment method may be subject to additional terms and conditions.
8.4 You
must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If
you make a payment by debit card or credit card, you warrant that you are
authorised to use the debit card or credit card to make the payment.
8.5 You
agree that we may set-off or deduct from any monies payable to you under these
Terms, any amounts which are payable by you to us (whether under these Terms or
otherwise).
8.6 Changes
to your Membership: You cannot downgrade a Membership tier during an annual
period. You may request to change Membership types or access for additional
Authorised Users by sending us a written request. We will inform you whether
the change will be possible and the additional Fees (if any) applicable to the
change.
8.7 To
the extent permitted by law, the Fees are non-refundable and non-cancellable
once paid.
8.8 We
may need to change what is available as part of your Membership (for example,
the inclusions, exclusions, updated features) from time to time. If we change what
is available as part of your Membership, we will provide you with 30 days’ notice of the change. After 30 days, we will
apply the changes to your Membership. If the changes substantially and
adversely affect your enjoyment of the Membership, you may cancel your
Membership in accordance with the ‘Cancellation of Memberships’ clause.
8.9 We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to your Membership. If the updated Fee is not acceptable to you, you may cancel your Membership in accordance with the ‘Cancellation of Memberships’ clause.
9. eBooks
9.1 You
may purchase eBooks hosted on the Platform by paying the eBook subscription as
set out on the Platform (eBook subscription).
9.2 Once
you have purchased access to the eBooks from our Platform, you will access the
eBook as a downloadable file on our Platform.
9.3 We
cannot guarantee continuous access to our eBooks. You acknowledge that it is
your responsibility to maintain and store a copy of the eBook on your device to
ensure future access.
9.4 You
acknowledge that we may produce an updated version of any eBook at any time, in
which case, such version shall not be included in the eBook Fee and must be
purchased separately.
9.5 Except
for termination of breach, upon expiry or termination of your Membership, you
will still have access to the eBook portal on the Platform.
9.6 You must not use our eBooks except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights.
10. Our Intellectual Property
10.1 You
acknowledge
and agree that any Intellectual Property or
content (including copyright and trademarks) available on the Platform, the Platform itself, and any
algorithms or machine learning models used on the Platform (Our Intellectual
Property) will at all times vest, or remain vested, in us.
10.2 We
authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose,
nor allow, aid or facilitate such use by any third party. You may
only access Our Intellectual Property on your personal device, and you may not
use Our Intellectual Property for any commercial purpose.
10.3 You
must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish,
broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, downloading Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
11. Your Data
11.1 You
own all data, information or content you and your Authorised Users upload into
the Platform (Your Data), as well as any data or information output from
the Platform using Your Data as input (Output Data). Note that Output
Data does not include the Analytics (as described below).
11.2 You
grant us a limited licence to copy, transmit, store, backup and/or otherwise
access or use Your Data and the Output Data to:
(a) communicate with you (including to send you information we believe
may be of interest to you);
(b) supply the Platform to you and otherwise perform our obligations
under these Terms;
(c) diagnose problems with the Platform;
(d) enhance and otherwise modify the Platform;
(e) perform Analytics;
(f) develop other services, provided we de-identify Your Data; and
(g) as reasonably required to perform our obligations under these
Terms.
11.3 You
agree that you are solely responsible for all of Your Data that you and your
Authorised Users make available on or through the Platform. You represent and
warrant that:
(a) you are either the sole and exclusive owner of Your Data or you
have all rights, licences, consents and releases that are necessary to grant to
us the rights in Your Data (as contemplated by these Terms); and
(b) neither Your Data nor the posting, uploading, publication,
submission or transmission of Your Data or our use of Your Data on, through or
by means of our Platform will infringe, misappropriate or violate a third
party’s intellectual property rights, or rights of publicity or privacy, or
result in the violation of any applicable law or regulation.
11.4 You
acknowledge and agree that we may monitor, analyse and compile statistical and
performance information based on and/or related to your use of the Platform, in
an aggregated and anonymised format (Analytics). You acknowledge and
agree that we own all rights in the Analytics, and that we may use the
Analytics for our own internal business purposes, provided that the Analytics
do not contain any identifying information.
11.5 We
do not endorse or approve, and are not responsible for, any of Your Data.
11.6 You
acknowledge and agree that the Platform and the integrity and accuracy of the
Output Data is reliant on the accuracy and completeness of Your Data, and the
provision by you of Your Data that is inaccurate or incomplete may affect the
use, output and operation of the Platform.
11.7 This clause will survive the termination or expiry of your Membership.
12. Warranties
12.1 You
represent, warrant and agree that:
(a) you will not use our Platform, including Our Intellectual Property,
in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into
these Terms;
(c) all information and documentation that you provide to us in
connection with these Terms is true, correct and complete; and
12.2 you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.
13. Australian Consumer Law
13.1 Certain legislation, including the
Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth),
and similar consumer protection laws and regulations, may confer you with
rights, warranties, guarantees and remedies relating to the provision of the Platform
by us to you which cannot be excluded, restricted or modified (Consumer Law
Rights).
13.2 If the ACL applies to you as a consumer,
nothing in these Terms excludes your Consumer Law Rights as a consumer under
the ACL. You agree that our Liability for the Platform provided to an entity
defined as a consumer under the ACL is governed solely by the ACL and these
Terms.
13.3 Subject
to your Consumer Law Rights, we exclude all express and implied warranties, and
all material, work and services (including the Platform) are provided to you
without warranties of any kind, either express or implied, whether in statute,
at law or on any other basis.
13.4 This clause will survive the termination or expiry of your Membership.
14.1 Despite anything to the
contrary, to the maximum extent permitted by law:
(a) you agree to indemnify us for any Liability we incur due to your
breach of the Acceptance and Platform Licence clause and the Intellectual Property clause of
these Terms;
(b) neither Party will be liable for Consequential Loss;
(c) each Party’s liability for any Liability under these Terms will be
reduced proportionately to the extent the relevant Liability was caused or
contributed to by the acts or omissions of the other Party or any of that
Party’s personnel (including a Party’s Authorised Users), including any failure
by that Party to mitigate its losses; and
(d) our aggregate liability for any Liability
arising from or in connection with these Terms will be limited to us
resupplying the Platform to you or, in our sole discretion, to us repaying you
the amount of the Fees paid by you to us during the current annual period of
your Membership.
14.2 This clause will survive the termination or expiry of your Membership.
15.1 Cancellation
of Memberships: You may terminate your Membership in accordance with clause
8.1. . If you
cancel your Membership because we have changed the Membership inclusions and
the change has a substantial and adverse impact on you, or we have changed the
Fees, then the termination of the Membership will be immediate, and we will
refund you for any Fees that you have paid upfront but have not been used on a
pro-rata basis. Should you cancel your Membership with us, you will continue to
have an Account with us, should you seek to reactivate your Membership in the
future.
15.2 If
you attempt to terminate your Membership (other than in accordance with clause 15.1), we will continue to debit the monthly Fee
(or require you to pay a lump sum for the remaining Fees left in the current
annual period). This is a genuine pre-estimate of our loss due to you being
able to obtain full value of the Membership in a short period of time.
15.3 A
Membership will terminate immediately upon written notice by a Party (Non-Defaulting
Party) if:
(a) the other Party (Defaulting Party) breaches a material term
of these Terms and that breach has not been remedied within 5 Business Days of
the Defaulting Party being notified of the breach by the Non-Defaulting Party;
or
(b) the Defaulting Party is unable to pay its debts as they fall due.
15.4 Should
we suspect that you are in breach of these Terms, we may suspend your access to
the Platform while we investigate the suspected breach.
15.5 Upon
expiry or termination of your Membership:
(a) we will remove your access to the Platform;
(b) you agree that other than where termination is due to our breach
of these Terms, and to the maximum extent permitted by law, any payments made
by you to us (including any Fees) are not refundable to you;
(c) where we terminate your Membership for any reason, you also agree
to pay us our reasonable additional costs directly arising from such
termination.
15.6 Termination
of a Membership will not affect any rights or liabilities that a Party has
accrued under these Terms.
15.7 This clause will survive the termination or expiry of your Membership.
16.1 Assignment:
Subject to the below clause, a Party must not assign or deal with the whole or
any part of its rights or obligations under these Terms without the prior
written consent of the other Party (such consent is not to be unreasonably
withheld).
16.2 Assignment
of Debt: You agree that we may assign or transfer any debt owed by you to
us, arising under or in connection with these Terms, to a debt collector, debt
collection agency, or other third party.
16.3 Disputes: A Party may not commence court proceedings
relating to a dispute without first meeting with the other Party to seek (in
good faith) to resolve the dispute, failing which the Parties agree to engage a
mediator to attempt to resolve the dispute. The costs of the mediation will be
shared equally between the Parties. Nothing in this clause will operate to
prevent a Party from seeking urgent injunctive or equitable relief from a court
of appropriate jurisdiction.
16.4 Entire
Terms: Subject to your Consumer Law Rights, these Terms contains the entire
understanding between the Parties and the Parties agree that no representation
or statement has been made to, or relied upon by, either of the Parties, except
as expressly stipulated in these Terms, and these Terms supersedes all previous
discussions, communications, negotiations, understandings, representations,
warranties, commitments and agreements, in respect of its subject matter.
16.5 Force
Majeure: To the maximum extent permitted by law, we shall have no Liability
for any event or circumstance outside of our reasonable control.
16.6 Governing
law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally
submits to the exclusive jurisdiction of the courts operating in Victoria and
any courts entitled to hear appeals from those courts and waives any right to
object to proceedings being brought in those courts.
16.7 Notices:
Any notice given under these Terms must be in writing addressed to us at the
details set out below or to you at the details provided in your Account. Any
notice may be sent by standard post or email, and will be deemed to have been
served on the expiry of 48 hours in the case of post, or at the time of
transmission in the case of transmission by email.
16.8 Privacy:
We agree to comply with the legal requirements of the Australian Privacy
Principles as set out in the Privacy Act 1988 (Cth) and any other applicable
legislation or privacy guidelines.
16.9 Publicity: With your prior written consent, you agree that we may advertise or publicise
the fact that you are a user of our Platform, including on our website or in
our promotional material.
16.10 Severance:
If a provision of these Terms is held to be void, invalid, illegal or
unenforceable, that provision is to be read down as narrowly as necessary to
allow it to be valid or enforceable, failing which, that provision (or that
part of that provision) will be severed from these Terms without affecting the
validity or enforceability of the remainder of that provision or the other
provisions in these Terms.
16.11 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
17. Definitions
17.1 Consequential
Loss includes any consequential loss, indirect loss, real or anticipated
loss of profit, loss of benefit, loss of revenue, loss of business, loss of
goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use
and/or loss or corruption of data, whether under statute, contract, equity,
tort (including negligence), indemnity or otherwise.
17.2 Intellectual
Property means any domain names, know-how, inventions, processes, trade
secrets or confidential information; or circuit layouts, software, computer
programs, databases or source codes, including any application, or right to
apply, for registration of, and any improvements, enhancements or modifications
of, the foregoing.
17.3 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions or notices, please contact us at:
Inspire Sports Pty Ltd as the trustee for
Inspire Sports Group trading as Inspire Netball Group ABN 85 768 231 056
Email: greg@inspirenetballgroup.com
Last update: 10th March 2022