Sport Management Systems Pty Ltd Terms of Use

Welcome to Sport Management Systems Pty Ltd. We thank you for using our products and services.

SMS reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

The Site is the property of Sport Management Systems Pty Ltd ("SMS") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

By using our Services, you are agreeing to these terms. Please read them carefully.

Your Use of the Site

Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a corporation or other organisation and its users).

If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site or Content.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or SMS's systems or networks, or any systems or networks connected to the Site or to SMS.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SMS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SMS or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference.

You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature.

If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

SMS's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

SMS may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and SMS makes no commitment to update the materials on the Site with respect to such products and services.

Reservation of Rights

The Site and Content provided on or through the Site are the intellectual property and copyrighted works of SMS or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an "As Is" and "As Available" basis, and SMS reserves the right to terminate the permissions granted to you and your use of the Content at any time.

Your Content

You agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to SMS all of the licenses and rights set forth herein. By Sharing Content, you grant SMS a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sub-licensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any SMS product or service, and to display, market, sub-license and distribute the Content as incorporated or embedded in any product or service distributed or offered by SMS without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) SMS's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.

You agree that you will neither use the Site in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. SMS may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.

SMS does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by SMS on a non-confidential and unrestricted basis and SMS shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in SMS's Privacy Policy.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a ZED ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify SMS immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by SMS or any other user of or visitor to the Site due to someone else using your ZED ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else's ZED ID, password or account at any time without the express permission and consent of the holder of that ZED ID, password or account. SMS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Links to Other Sites and to the Sport Management System Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under SMS's control, and SMS is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

SMS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SMS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SMS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SMS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

SMS reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

IN NO EVENT SHALL SMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

Privacy

SMS's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference.

SMS is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see SMS's Privacy Policy. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with SMS's Privacy Policy. You understand that SMS collects, uses, processes, possesses, and otherwise stores your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing services subject to SMS's Privacy Policy.

Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Waiver and Severability

The failure of SMS to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.

Violation of These Terms of Use

SMS may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SMS's rights or property, or the rights or property of visitors to or users of the Site, including SMS's customers. SMS reserves the right at all times to disclose any information that SMS deems necessary to comply with any applicable law, regulation, legal process or governmental request. SMS also may disclose your information when SMS determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

Applicable Laws

All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by Australian Federal Law or the laws of the State of New South Wales. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in Sydney, New South Wales. You and Sport Management Systems Pty Ltd agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Copyright/Trademark

Copyright © 2024 Sport Management Systems Pty Ltd and/or its affiliates. All rights reserved.
ZED is the user product mark of Sport Management Systems Pty Ltd and/or its affiliates. Other names appearing on the Site may be trademarks of their respective owners.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Australian export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and SMS with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and SMS with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with SMS, SMS will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. SMS's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by SMS of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between SMS and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. SMS shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.
Copyright © 2024 Sport Management Systems Pty Ltd. All rights reserved.
PO Box 1234 Newport Beach 2106 NSW Australia

Last Updated: 14th August 2014

Notification of Copyright Infringement

We respect the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using our service that are reported to our Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, or are authorised to act on behalf of one or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through this website and service (collectively the "Service") by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent.

Upon receipt of Notice as described below, our Designated Copyright Agent will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service.

DMCA Notice of Alleged Infringement ("Notice")

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Designated Copyright Agent:

Copyright Agent - c/o sportmanagementsystems.com - legal[at]sportmanagementsystems.com

Notification of Trademark Infringement

If you believe that your trademark (the "Mark") is being used by a user in a way that constitutes trademark infringement, please provide our Designated Copyright Agent (specified above) with the following information:

1. Your physical or electronic signature, or a physical or electronic signature of a person authorised to act on your behalf;
2. Information reasonably sufficient to permit it to contact you or your authorised agent, including a name, address, telephone number and, if available, an email address;
3. Identification of the Mark(s) alleged to have been infringed, including;
a. for registered Marks, a copy of each relevant federal trademark registration certificate or
b. for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you;

4. Information reasonably sufficient to permit our Designated Copyright Agent to identify the use being challenged;
5. A statement that you have not authorised the challenged use, and that you have a good-faith belief that the challenged use is not authorised by law; and
6. A statement under penalty of perjury that all of the information in the notification is accurate and that you are the Mark owner, or are authorised to act on behalf of the Mark owner.

Upon receipt of notice as described above, our Designated Copyright Agent will seek to confirm the existence of the Mark on the Service, and in its sole discretion, if it deems appropriate, will permanently remove the Mark from the Service.

Our Service may respond to notice of takedown by showing either (a) that the Mark has been cancelled, or has expired or lapsed or (b) that the registered user has a trademark registration, an unexpired license covering the use, or some other relevant right to the Mark, or (c) that the use is for other reasons shown by the registered user non-infringing. If the registered user makes an appropriate showing of either (a), (b) or (c) then our Designated Copyright Agent may exercise its discretion not to remove the Mark.

If our Designated Copyright Agent decides to comply with a takedown request, it will do so within a reasonably expeditious period of time. Notwithstanding the foregoing, our Designated Copyright Agent will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Service.

Notification of Other Intellectual Property ("IP") Infringement

If you believe that some other IP right of yours is being infringed by our Service, please provide our Designated Copyright Agent (specified above) with the following information:

1. Your physical or electronic signature, or a physical or electronic signature of a person authorised to act on your behalf;
2. Information reasonably sufficient to permit our Designated Copyright Agent to contact you or your authorised agent, including a name, address, telephone number and, if available, an email address;
3. Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for our Designated Copyright Agent to determine without unreasonable effort that the IP has been infringed;
4. Information reasonably sufficient to permit our Designated Copyright Agent to identify the use being challenged;
5. A statement that you have not authorised the challenged use, and that you have a good-faith belief that the challenged use is not authorised by law; and
6. A statement under penalty of perjury that all of the information in the notification is accurate and, that you are the IP owner, or are authorised to act on behalf of the IP owner.

Upon receipt of notice as described above, our Designated Copyright Agent will seek to confirm the existence of the IP on the Service and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Service.

If our Designated Copyright Agent decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.

Claimants and users must understand that we are not an intellectual property tribunal. While we and our Designated Copyright Agent may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims and we will be held harmless from any resulting claims of infringement brought against us and our Designated Copyright Agent.

Any content, trademarks, or other material that might be found on this website that is not this site property remains the copyright of its respective owner's. In no way does sportmanagementsystems.com claim ownership or responsibility for such items, and you should seek legal consent for any use of such materials from its owner.