Terms of Use
Table of Contents
About Us
PlayHQ Sports Pty Ltd (we, us and our), owns (or is licensed) and operates the digital platform for the operation of grassroots sports located at https://www.playhq.com including associated subdomains and application software (PlayHQ).
To contact us, please email help@playhq.com.
Acceptance of Terms
Before creating an account and / or accessing and using PlayHQ, you must read and accept these terms of use (Terms). By accepting these Terms:
- you agree that you accept the Terms in:
- your individual capacity; and
- where applicable, as the authorised representative of any organisation or association requiring access to PlayHQ that you act as administrator for (Organisation); and / or
- where applicable, in your capacity as parent or legal guardian for a User who is under 13 years of age
- you agree that, unless otherwise indicated in these Terms, any reference to "you" or "your" is also a reference to any Organisation for which you are the administrator;
- you warrant to us that you have the necessary authority to accept these Terms on behalf of any Organisation for which you are the administrator and that we are entitled to rely on such authority in the enforcement of these Terms; and
- you acknowledge that we may amend these Terms at any time with or without notice to you and agree that your continued use of PlayHQ will be evidence of your acceptance of those changes. Every time you wish to access PlayHQ, please check the Terms to ensure you understand the terms that apply at that time.
Eligibility
Age Requirements
PlayHQ may not be used by any person under the age of 13 without the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using PlayHQ, you represent and warrant that you are at least 13 years old, or that you have received your parent or legal guardian's consent to use PlayHQ if you are under 13 years of age.
Parental Consent for Users Under 13 Years Old
If you are under 13 years old, you may only use PlayHQ with the explicit consent of your parent or legal guardian. Your parent or legal guardian must review and agree to these Terms on your behalf before you can access or use any features of PlayHQ. By providing such consent, your parent or guardian acknowledges and agrees to be bound by these Terms, including any obligations regarding your use of PlayHQ.
Account Creation and Verification
To access certain features of PlayHQ, you may be required to create an account. During the account creation process, we will ask for age verification information to ensure that you meet the age requirement or that parental consent has been provided. If we determine that you are under the required age and do not have valid consent from a parent or legal guardian, we reserve the right to block access to such features or terminate your account.
Location of Service
PlayHQ is directed to Users located within the following locations:
- Australia
- Canada
- The European Union
- New Zealand
- The United Kingdom
- The United States of America
We do not represent that content available on or through PlayHQ is appropriate for use or available in other locations.
If you access PlayHQ from outside the locations set out in this section 4, you do so at your risk and you are responsible for compliance with laws applicable to your accessing PlayHQ from your location.
Using PlayHQ
Without limiting any other usage restrictions set out in these Terms or the End User Agreement, you must not:
- access or use PlayHQ or its content in any manner or for any purpose that is illegal or violates any applicable federal, state, local or international law or regulation;
- use PlayHQ for the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
- use any device, software, process or means to interfere or attempt to interfere with the proper working of PlayHQ;
- hide, alter, distribute, reproduce or delete any copyright, trademark, proprietary notices, advertisements or any other information contained on PlayHQ;
- use PlayHQ to transmit any spam, chain mail, or junk mail;
- use PlayHQ to impersonate or attempt to impersonate us or any other person or entity;
- use PlayHQ to post any material that is offensive, inappropriate or misleading;
- introduce any viruses or material which contain components harmful to PlayHQ;
- attempt to gain unauthorised access to PlayHQ or its related systems or networks;
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use PlayHQ will cease immediately.
Our Rights
We reserve the right to remove any content or functionality from PlayHQ for any reason.
We may, at any time and for any reason (acting reasonably), deny you future access to PlayHQ or impose conditions on your access. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
When you upload content such as your logo to PlayHQ or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all intellectual property rights (including copyright and trademark rights) you have in the content, in any media known now or in the future, for the purpose of the conduct of PlayHQ's business insofar as PlayHQ or any person authorised by them, acting reasonably, determines is necessary – including for displaying your scores and results, communications, recreating your club logo on merchandise or other business purposes.
If you have any concerns with the way we are using your content, please get in touch with us at help@playhq.com.
Access
We use all reasonable endeavours to ensure that PlayHQ is accessible 24 hours per day, 7 days per week, but there will be times when access may be suspended in order to perform necessary maintenance, updates, or upgrades.
We do not guarantee that PlayHQ, or any content on it, will always be available, uninterrupted or be error-free. We do not guarantee that PlayHQ is secure or free from any bugs or viruses or any other type of malicious code or software.
You are responsible for configuring your technology to access PlayHQ and should use your own antivirus software.
How You May Use Material on PlayHQ
Subject to the terms of section 9, we are the owner or the licensee of all intellectual property rights in PlayHQ, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off copies and may download extracts, of any page(s) from PlayHQ for your personal or for your Organisation’s proper use and you may draw the attention of others within your Organisation to content posted on PlayHQ in line with your Organisation’s entitlement to view, access and publish content under the relevant End User Agreement.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on PlayHQ must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on PlayHQ for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of PlayHQ in breach of these Terms, your right to use PlayHQ will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Intellectual Property
Unless otherwise identified, all content on PlayHQ, including, but not limited to, text, icons, graphics and the intellectual property rights subsisting in such content, is our property or the property of our licensors or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Our name and logo and all related names, logos, product and service names, designs, images, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on PlayHQ are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of applicable laws and could subject the infringer to legal action.
No part or portion of the content on or within PlayHQ may be sold, modified, reproduced, transmitted, distributed or used in any manner except as provided in these Terms or with our prior written consent.
Privacy and Security
We will only use your personal information as set out in our Privacy Policy.
You warrant that:
- You will not use PlayHQ to collect, store, use or gain access to any personal information which is not strictly necessary for your normal intended use of PlayHQ; and
- You will keep any password required to access your PlayHQ account secure and will not disclose it to any third party. You will notify us immediately at help@playhq.com if you become aware of any actual or suspected unauthorised use of your password or account.
Third-party Links
PlayHQ may provide links to other websites for your convenience or to refer you to third party suppliers. Such links should not be interpreted as approval by us of those linked websites or of any information you may obtain from them.
We are not responsible for the contents (including the accuracy, legality or decency) of any linked site, or page, or for its security or privacy measures. You must make your own enquiries as to the suitability of the content of linked sites and the goods and services available from them.
Linking to PlayHQ
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice.
User-generated Content
PlayHQ may include information and materials uploaded by other Users including to comment threads. This information and these materials have not been verified or approved by us. The views expressed by other Users of PlayHQ do not represent our views or values.
Liability
In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use PlayHQ, any websites linked to it, any content on PlayHQ or such other websites or any services or items obtained through PlayHQ or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by applicable consumer law.
You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of PlayHQ, including, but not limited to, your User Contributions, your use of any information obtained from PlayHQ and any use of its content, services and products other than as expressly authorised in these Terms.
Payments
Availability of Payment Collection Services
PlayHQ provides optional functionality (Payment Collection Services) to facilitate the collection of payments by Organisations from your Users, that may include your club or association members, or other participants in competitions or tournaments organised by you (User Payments). Payment Collection Services are provided solely as a convenience and are powered by a third-party payment provider (Third Party Payment Provider). By utilising Payment Collection Services, you agree that all payment processing will be performed by our Third Party Payment Provider, Stripe. You agree that any payments processed on PlayHQ are subject to Stripe’s then current terms and conditions and privacy policy, available at https://stripe.com/au/legal, as may be updated by Stripe from time to time. PlayHQ itself does not process payments or act as a payment intermediary, and the platform is not a party to any transactions conducted via the Payment Collection Services.
User Obligations
By using the Payment Collection Services, you:
- acknowledge and agree that payments are processed by the Third Party Payment Provider and your use of the Third Party Payment Provider’s services is governed by their respective terms of use, privacy policies, and any applicable agreements. You must review and accept these terms before utilizing the Payment Collection Services;
- acknowledge and agree that Play HQ disclaims all liability for actions, errors, or omissions by the Third Party Payment Provider, including but not limited to delays, failed transactions, or unauthorized payments; and
- warrant that you will not use PlayHQ to process any fraudulent payments, or to process any payments which otherwise breach any law, statute or regulation or are not otherwise authorised by the Organisation. You continually indemnify us for and against any loss, damage, claim, penalty or expense suffered, incurred or brought against us as a result of a breach of this warranty.
Other User Requirements
To use the Payment Collection Services, you may be required to create and maintain an account with the Third Party Payment Provider, provide accurate and complete information, and comply with their account verification requirements.
You are solely responsible for the terms of transactions conducted using the Payment Collection Services, including pricing, descriptions, fulfilment of obligations, and any disputes that may arise with your customers or clients.
You are responsible for ensuring compliance with all applicable laws, including those related to taxation, invoicing, consumer protection, and payment processing.
PlayHQ's Role
PlayHQ’s role in relation to the Payment Collection Services is limited to providing the technical means for users to initiate and facilitate payment transactions. PlayHQ:
- does not verify the accuracy or legitimacy of any transaction conducted via the Payment Collection Services;
- is not responsible for refunding payments, resolving disputes, or addressing claims arising from any transaction. These matters must be resolved directly between you and the other party to the transaction; and
- does not guarantee the availability, security, or uninterrupted functionality of the Payment Collection Services.
Fees
We charge a transaction fee in consideration for your use of PlayHQ, of an amount notified to you by us from time to time and may, by providing notice to you, charge you such other fees or charges that we may introduce, vary or otherwise communicate to you from time to time (together the Fees).
We will initiate the transfer of the User Payments to your nominated account, minus the Fees, within 7 days of such User Payment clearing the relevant individual’s account. We reserve the right to deduct any chargebacks, collection costs or third party fees and charges incurred by us in collecting the User Payments from any amounts owed to you. You are responsible, and we are not liable, for any taxes or other government charges levied against you on any income derived from the User Payments.
General
If any part of these Terms are determined to be illegal, invalid or otherwise unenforceable or void, that part shall be severed to the extent necessary and the remainder of these terms and conditions shall continue in full force and effect. Failure to enforce any right under these terms and conditions will not be construed as a waiver of that right or any other right under these Terms.
Applicable Law
These Terms, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.