Terms of Use

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 any associated subdomain and application software (PlayHQ).

Before creating an account and accessing and using PlayHQ, you must read and accept these terms of use (Terms). By accepting these Terms:

1. you agree that you accept the Terms both in your individual capacity and as the authorised representative of the organisation or association requiring access to PlayHQ that you act as administrator for (Organisation);
2. you agree that, unless otherwise indicated in these Terms, any reference to "you" or "your" is also a reference to the Organisation;
3. you warrant to us that you have the necessary authority to accept these Terms on behalf of the Organisation and that we are entitled to rely on such authority in the enforcement of these Terms; and
4. 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.

Using PlayHQ

Without limiting any other usage restrictions set out in these Terms, you must not:

1. access or use PlayHQ or its content in any manner or for any purpose that is illegal;
2. use any device, software, process or means to interfere or attempt to interfere with the proper working of PlayHQ;
3. hide, alter, distribute, reproduce or delete any copyright, trade mark, proprietary notices, advertisements or any other information contained on PlayHQ;
4. use PlayHQ to transmit any spam, chain mail, or junk mail;
5. use PlayHQ to post any material that is offensive, inappropriate or misleading; or
6. introduce any viruses or material which contain components harmful to PlayHQ.

You must take your own reasonable precautions to ensure your use of PlayHQ does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer systems. We will not be responsible for any interference or damage to your own computer systems or data that arises in connection with your use of PlayHQ.

You acknowledge and agree that any person you invite to register for access to PlayHQ (each a User) will be required to accept the terms of our End User Agreement and Privacy Policy prior to accessing and using PlayHQ.

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.

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 an issue with the way we are using your content, please get in touch with us.

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. You acknowledge that circumstances may arise requiring us to suspend or terminate access to PlayHQ at any time without reason and without notice.

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.

No part or portion of the content on 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 & Security

We will treat all personal information provided to us by you in connection with your access to and use of PlayHQ in accordance with the Privacy Act 1988 and all other applicable legislation relating to the use of personal data (Privacy Laws), in accordance with our privacy policy located at https://www.playhq.com/privacy (Privacy Policy).

You warrant that:

1. without limiting any additional obligations set out in these Terms, any personal information provided to us by you (via PlayHQ or otherwise) has been collected and shared, and will be processed and stored by you, in accordance with all applicable Privacy Laws, whether or not such Privacy Laws would ordinarily apply to your collection, use, processing and storing of such personal information;
2. you have notified any individual to whom personal information you share with us relates of our identity and have obtained their consent to our processing, use and storage of such personal information in accordance with these Terms and our Privacy Policy;
3. 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;
4. any personal information or other information extracted, copied or downloaded from PlayHQ by you will be stored in a secure location and protected from any unauthorised access or disclosure; and
5. 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 of any actual or suspected unauthorised use of your PlayHQ account.

You continually indemnify us for and against any loss, damage or claim suffered by us or made against us in connection with any breach by you of the warranties set out above.

Links

PlayHQ may provide links to other websites for your convenience or to refer you to third party suppliers. 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.

Liability

We do not provide any warranties or guarantees in relation to PlayHQ or other products or services except to the extent that Australian Consumer Law applies to PlayHQ. To the extent permitted by law, we exclude and are not liable for any direct or indirect injury, loss, claim, or damage under the law of contract, tort or otherwise, including loss of property, loss of business, loss of internet connection, loss of profit, loss, or corruption of data and loss of use, whether foreseeable or not, that arises out of, or in connection with, your use of or access to PlayHQ.

Payments

You may use PlayHQ to collect payments from your Users, that may include your club or association members, or other participants in competitions or tournaments organised by you (User Payments). By doing so 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.

You 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.

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 and conditions 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 and conditions. This document constitutes the entire agreement between you and us in regards to your use of PlayHQ and its terms may not be varied without our written consent.

Contact Us

If you have any feedback, questions or comments you can contact us on help@playhq.com.