terms of service
Please read these Terms carefully. By using revolutioniseSPORT or signing up for an account, you are agreeing to be bound by these Terms. This is a legal agreement ("Agreement").
We'll start with the basics, including a few definitions that should help you understand this agreement. revolutioniseSPORT ("revolutioniseSPORT") is a cloud based sports management platform offered through the URL www.revolutionise.com.au (the "Website") that allows you to manage your sporting club, association or organisation ("Service").
Finally, all dollar amounts throughout revolutioniseSPORT and this Agreement are in Australian dollars (AUD).
In order to use revolutioniseSPORT, you must:
- be a recognised sporting organisation (as a Client), or be an identifiable person (as a user) and able to enter into contracts;
- complete the registration process;
- agree to and abide by the Terms; and
- provide true, complete, and up-to-date contact information.
By using revolutioniseSPORT, you represent and warrant that you meet all the requirements listed above, and that you won't use revolutioniseSPORT in a way that violates any laws or regulations. revolutioniseSPORT may refuse service, close accounts of any Clients (or users of Clients), and change eligibility requirements at any time without notice.
revolutioniseSPORT offers a range of subscription plans to the Service (each, a "Plan"). You will select your Plan as part of your registration for the Service, which may begin with a 30-day Free Trial, or by an account created by us. At the expiry of the 30-day Free Trial you will be provided the opportunity to apply for an account valid for a full Term. Each subscription period for a Plan will be for twelve (12) months ("Term"). You may choose to be billed for the Plan annually, or, if you are a recognised state or national sporting organisation, in monthly increments. Regardless of your billing cycle, you are responsible for subscription fees for the entire Term.
Your Term begins when you sign up for revolutioniseSPORT and continues for each renewed Term. By creating an account via the Website, or by signing in for the first time if the account was created for you, this means that you've officially "signed" the Terms. If you sign up for revolutioniseSPORT on behalf of a sporting organisation or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or revolutioniseSPORT may terminate this Agreement at any time and for any reason by giving notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund a prorated portion of your Account Fee and reimburse you for unused SMS Credits. We won't refund or reimburse you if there's cause, such as a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, from our Website. If you don't log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it. If you choose not to renew your account at the expiry of your Term, we may permanently delete the account and all the data associated with it after thirty (30) calendar days.
Free Trial accounts not renewed after thirty (30) calendar days will be deleted at our discretion.
We may change any of the Terms by posting revised Terms on our Website and/or by adding a notification into your account and/or by an email to the last email address you gave us. Unless you terminate your account within seven (7) calendar days of the Terms being updated, the new Terms will be effective immediately and apply to any continued or new use of revolutioniseSPORT. We may change the Website, the Service, or any features of the Service at any time.
5. Account and Password
You are responsible for keeping your account administrator names and passwords confidential. You are also responsible for any account that you have access to, whether or not you authorised the use. You'll immediately notify us of any unauthorised use of your accounts. We're not responsible for any losses due to stolen or hacked passwords. We don't have access to your current password, and for security reasons, we may only reset your password.
6. Account Disputes
We don't know the inner workings of your organisation or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the contact information listed for that account, and, if that information is in dispute, by evidence provided by you from your government regulatory body (for example, in Australia, ASIC or Fair Trading in your state) regarding your listed public officer.
7. Annual Plans
Our charges for annual plans are posted on our Website and may be changed from time to time ("Account Fee"). If an agreement is in place to pay monthly, and if any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the first calendar day of the month (if paying monthly), or at any time prior to the expiry of your annual Term (if paying annually). If you reach your account limits and reach another pricing level, then you'll have to pay at the higher level (prorated for the remainder of your current Term).
You may buy SMS Credits to use our Services, upgrades to your file storage limit, or various other upgrades for your account from time to time. Payment for these upgrades is due and must be made prior to the upgrade taking effect, and unless otherwise stated, these upgrades must be renewed annually. SMS Credits do not expire, but may be forfeited as per Clause 3 ("Closing Your Account"). The prices for these upgrades may be changed from time to time.
We'll give you a refund for a prorated Account Fee if we stop providing our Services to you for a reason that's not laid out in these Terms or our Acceptable Use Policy. You won't be entitled to a refund from us under any other circumstances.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification via your account or by email.
11. Proprietary Rights Owned by Us
You must respect our Proprietary Rights in the Website and the software used to provide revolutioniseSPORT (Proprietary Rights include patents, trademarks, service marks, and copyrights).
You acknowledge and agree that the provision and your use of the Service does not constitute a transfer of any Proprietary Rights in the Service and for the avoidance of doubt revolutioniseSPORT or the Website.
You must obtain express written permission from us if you wish to reproduce any aspect of the Website or other Proprietary Rights owned by us.
12. Proprietary Rights Owned by You
To be clear, all data added by you (or your users) into revolutioniseSPORT including member data, financial information, and all other data, belongs to you. In the unhappy event that you leave our Service, we may grant you access for 30 days to remove your data. We are not responsible for providing you with the data exports - it is your responsibility to go through the Service and export your data.
14. Right to Review Your Account
We may view, copy, and internally distribute content from your Account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Client who violate these Terms or laws, and to improve the Service.
rules and abuse
15. General Rules
You promise to follow these rules:
- You won't violate our Acceptable Use Policy, which is part of this Agreement.
- You won't upload any content which is illegal, in breach of someone else's copyright, or content which may bring revolutioniseSPORT into disrepute.
- You won't attempt to reverse engineer, hack into or compromise any aspect of revolutioniseSPORT and Services, or attempt to access data or account information of any other Client of revolutioniseSPORT.
Further, you will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
If you violate any of these rules, then we may suspend or terminate your account.
16. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a revolutioniseSPORT user, we want to hear about it. Please report it to our Team. If you think anyone has posted material that violates any copyrights, then you may notify us.
We take no responsibility for actions of our Clients, and do our best to ensure Clients do not abuse the Service.
17. Bandwidth Abuse/Throttling
You may only use our bandwidth for your revolutioniseSPORT account. We provide file hosting only for your revolutioniseSPORT features, so you may not host data on our servers for anything other than supported by a feature within revolutioniseSPORT. We may throttle your sending or connection at our discretion.
18. Compliance with Laws
You represent and warrant that your use of revolutioniseSPORT will comply with all applicable laws and regulations. You are responsible for determining whether our Services are suitable for you to use in light of any regulations like Australian Privacy Principles, EU Data Privacy Laws, or other laws. If you are subject to regulations (like Australian Privacy Principles) and you use our Service, then we won't be liable if our Service doesn't meet those requirements. If you are located in the European Economic Area ("EEA") or send to anyone in the EEA, you represent and warrant that in sending Emails via revolutioniseSPORT, and collecting information as a result of sending Emails, you:
- Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you are sending any form of email through revolutioniseSPORT.
- Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow revolutioniseSPORT to receive and process data and send communications to that individual on your behalf.
- Agree to indemnify and hold us harmless from any losses, including legal costs, that result from your breach of any part of these warranties.
European Economic Area
This applies to people who are sending to or from the European Economic Area. The EEA includes countries that are part of the European Union, plus Iceland, Liechtenstein, and Norway.
19. Service Upgrades and Failures
In the interests of our Clients, we regularly perform Service upgrades. Occasionally, this may impact the Service for brief periods in which upgrades are being implemented. While we do our best to perform these at times that will not impact Clients, sometimes this is unavoidable.
In accepting these Terms, you acknowledge, understand, and agree that we will not be responsible for downtime caused by upgrades, and that we are working hard to ensure the Service has an impeccable uptime.
We do not guarantee, and must have no liability for, any Service downtime, including, without limitation, any downtime (a) caused by failures of or previously scheduled maintenance to equipment or servers, or problems introduced by maintenance; (b) caused by outages to any public Internet backbones, networks or servers; (c) caused by any failures of your equipment, systems or local access services; or (d) relating to events beyond revolutioniseSPORT's control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where revolutioniseSPORT or your servers are located or co-located.
20. Data Security, Integrity and Loss
In using our Service, you acknowledge that:
- We will implement industry standard and commercially reasonable effects to establish and maintain security safeguards; and
- You will follow reasonable security practices to ensure the safety of your account information.
- Both we and our upstream provider conduct daily backups of our data for the previous 14 days.
- We will not be responsible if your data is deleted by you or a user of your account, either accidentally or intentionally. We may be able to restore a backup, which will incur a cost to be paid by you. We take no responsibility if the data is outside our backup schedule.
- We are not responsible if your data is lost by way of something out of our control, or by a failure of the system. We will do our best to restore the data, but will not be held liable. If such an instance was to occur, we will refund your Account Fee for the month in which you were affected.
- If you are collecting sensitive information under the Privacy laws of your country (e.g. the Privacy Act 1988 (Cth) in Australia), you will take all reasonable steps to safeguard this information. We take no responsibility if you store sensitive information and this information is accessed by unauthorised users by your negligence, misunderstanding of the system, or by a system failure or bug.
21. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won't be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service for that month (and if paid annually, what the calculated cost for that month would be).
22. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don't provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. You acknowledge that we do not make any representations or warranties:
- that your access to the Website (including any third-party applications or payment platforms on the Website) will be timely, secure, uninterrupted and/or error-free;
- that any defects on the Website will be corrected;
- that any information disclosed on the Website will be accurate, up to date, complete or useful; or
- that the Website or the server which stores and transmits the Website to you are free from viruses or any other harmful components.
Clients use revolutioniseSPORT for a variety of purposes. We can't guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses (including legal fees) that result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including legal fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
24. Legal Fees
If we commence proceedings against you claiming you breached these Terms and we prevail, we're entitled to recover reasonable legal fees and any damages or other relief we may be awarded.
25. Liquidated Damages
In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages:
- If you send emails that violate anti-Spam laws, then the liquidated damages will be five times the amount you paid us over the past 12 months, but not less than $1000.
- If you host data for anything other than data used in revolutioniseSPORT features, or use our resources in any way that's not permitted by these Terms, then the liquidated damages will be five times the amount you paid us over the past 12 months, but not less than $1000.
- If you don't pay an amount due within thirty (30) days after we send you a late payment notice, then the liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than $500 plus the amount owed.
For example, if someone were to get our IPs blacklisted or lower our deliverability by breaking spam laws, we may seek liquidated damages since it's hard to put a number on those losses.
26. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
27. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include legal and employee time spent retrieving the records, preparing documents, and participating in legal proceedings.
The Website may contain links to other websites and contains content added by us or by third parties unrelated to us. We do not endorse, sponsor or approve any such content available on any linked website. We and our Team aren't responsible for the behaviour of any advertisers, linked websites, or other Clients.
revolutioniseSPORT shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
31. Choice of Law
32. Force Majeure
We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, Martian invasions, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service or upstream providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Survivability, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn't enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The conversational-style language (and section headings) used in these Terms is provided only to make this agreement easier to read and understand and shall not be deemed to control or affect the meaning or construction of any provision of this Agreement.
36. Amendments and Waiver
Amendments or changes to these Terms won't be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there's a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don't immediately take action on a violation of these Terms, we're not giving up any rights under the Terms, and we may still take action at some point.
37. No Changes in Terms at Request of Client
We are a cloud-based service, with clients across Australia, New Zealand and the rest of the world. We cannot change these Terms for any one Client or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.
38. Further Actions
You'll provide all documents and take any actions necessary to meet your obligations under these Terms.
39. Notification of Security Breach
In the event of a security breach that may affect you or anyone in your member database, we'll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone in your database, you'll promptly do it.
Any notice to you will be effective when we add it into your account notification area, or send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us: Attn. revolutioniseSPORT, PO BOX 604, Concord, NSW, 2137, or any addresses as we may later post on the Website.
41. Entire Agreement
Congratulations! You've reached the end. Thanks for taking the time to learn about revolutioniseSPORT's policies.