GENERAL TERMS FOR USE OF SHO AU PLATFORM
1. SPORTSHERO AU PLATFORM DESCRIPTION AND CONTRACT
1.1. SportsHero makes available an online platform for individuals who register as users to participate in skill-based predicting competitions relating to specific sporting codes. Participation in Competitions is not mandatory, Success in the predicting-competitions is measured by placement on leaderboards, and some users at the top of each leaderboard will be eligible to win a prize. Unless explicitly specified otherwise in the SportsHero AU Platform, SportsHero’s responsibilities are limited to facilitating the availability of the SportsHero AU Platform and SportsHero AU Platform.
1.2. The description of the SportsHero AU Platform may be reviewed and updated from time to time, and any updates provided here.
2. USER ACCOUNT
2.1. In order to access and use the SportsHero AU Platform a person must register to create a User Account.
2.2. Registering and creating a User Account with SportsHero is free. However, to create a User Account and use the SportsHero AU Platform you must be able to form a legally binding contract under applicable law. The SportsHero AU Platform is not available to persons under 18 years of age. If you do not qualify to use the SportsHero AU Platform, you must not use the SportsHero AU Platform.
2.3. If you register a User Account you understand that SportsHero will access, make available and store (if applicable) any specifically authorised content that you have provided so that it is available on and through the SportsHero AU Platform via your User Account.
2.4. Depending on the TPAs you may choose to associate your User Account with, and subject to the privacy settings that you have set in such TPAs, personally identifiable information that you post to your TPAs will be available on and through your User Account on the SportsHero AU Platform. If a TPA or associated service becomes unavailable or SportsHero’s access to such TPA is terminated by the third-party service provider, then TPA Content will no longer be available on and through the SportsHero AU Platform. Please note that your relationship with the third-party service providers associated with your TPAs is governed solely by your agreement(s) with such third-party service providers. SportsHero makes no effort to review any TPA Content for any purpose, including but not limited to for accuracy, legality or non-infringement and SportsHero is not responsible for any TPA Content.
2.5. A User Account can only be created in the name of an individual.
2.6. While you are registered with SportsHero you must maintain control of your User Account. You may not deal with your User Account in any way (including by allowing others to use your User Account or by transferring or selling the User Account or any of its content to another person).
2.7. At its sole and absolute discretion, SportsHero may refuse to allow any User to register or create a User Account, or may cancel or suspend any existing User Account.
2.8. Your User Account will be created for your use of the SportsHero AU Platform and is based upon the personal information you provide to us or that we obtain via a User Accuont as described above. You may not have more than one (1) User Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. SportsHero reserves the right to suspend or terminate your User Account and your access to the SportsHero AU Platform and SportsHero AU Platform if you create more than one (1) User Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms and Conditions.
2.9. You are responsible for safeguarding your password to your User Account. You agree that you will not disclose your password to any third party.
2.10. You are not permitted to share your User Account with anyone or allow others to access or use your User Account.
2.11. You expressly agree that SportsHero has no responsibility and makes no warranty as to the truth, accuracy or completeness of any aspect of any information provided by Users. SportsHero does not verify this information.
2.12. You agree that SportsHero may contact you via telephone, text messages, email or through the SportsHero AU Platform in the provision of access to the SportsHero AU Platform.
2.13. You agree that SportsHero may contact you by telephone or text messages at any of the phone numbers provided by you or on your behalf in connection with a User Account, including for marketing purposes.
2.14. If SportsHero determines at its sole discretion that you have breached any obligation under these Terms and Conditions it reserves the rights to cancel or suspend your User Account.
3. END USER LICENCE AGREEMENT
3.1. SportsHero Applications are made available via the Apple App Store and Google Play Store and are licensed, not sold, to you. Your licence to each of the SportsHero Applications is subject to your prior acceptance of this End User Licence Agreement (“EULA”) and these Terms and Conditions. SportsHero as licensor reserves all rights in and to the SportsHero Applications and SportsHero AU Platform not expressly granted to you under this EULA.
3.2. SportsHero grants to you a non-transferable license to use the SportsHero Applications on any Apple-branded or Android products that you own or control and as permitted by the Apple Usage Rules and these Terms and Conditions (“Licensed Application”). This EULA will govern any content, materials, or services accessible from or purchased within the Licenced Application as well as upgrades provided by SportsHero that replace or supplement the original Licenced Application, unless such upgrade is accompanied by its own licence. Except as provided in the Apple Usage Rules or equivalent rules in respect of Android phones, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your device to a third party, you must remove the Licensed Application from the device before doing so. You may not copy (except as permitted by this license and the Apple Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
4. USER’S OBLIGATIONS
4.1. You agree that at all times you will comply with these Terms (including all SportsHero policies) and all applicable laws and regulations.
4.2. You must not use the SportsHero AU Platform for any illegal or immoral purpose.
4.3. You grant to SportsHero an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the SportsHero AU Platform for the purpose of including that material and information on or through the SportsHero AU Platform and as otherwise may be required to provide the SportsHero AU Platform, for the general promotion of the SportsHero AU Platform and as permitted by these Terms.
4.4. Any information posted on SportsHero AU Platform must not, in any way whatsoever, be potentially or actually harmful to SportsHero or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by SportsHero. Without limiting any provision of these Terms, any information you supply to SportsHero, through the SportsHero AU Platform or to any other User must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(a) infringe any third party’s intellectual property rights;
(c) violate any applicable law, statute, ordinance or regulation;
(d) be defamatory, libellous, threatening or harassing;
(e) be obscene or contain any material that, in SportsHero’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(f) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the SportsHero AU Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
5.1. If you choose to use the SportsHero AU Platform, you do so at your sole risk.
5.2. SportsHero explicitly disclaims any warranties of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. SportsHero makes no warranty that the SportsHero AU Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. SportsHero makes no warranty regarding the quality of any Users or the SportsHero AU Platforms, or collective content, or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained or generated through the SportsHero AU Platforms, or that any particular results will be achieved.
5.3. SportsHero does not guarantee that SportsHero AU Platforms will be delivered in a timely fashion or at all.
5.4. No advice or information, whether oral or written, obtained from SportsHero or through the SportsHero AU Platforms or collective content, will create any warranty not expressly made herein.
7. MODIFICATIONS TO THESE TERMS
7.1. SportsHero may modify these Terms and Conditions and/ or its’ policies (and update the SportsHero pages on which they are displayed) from time to time.
7.2. If you do not agree with any changes to these Terms and Conditions (or any of our policies), you must terminate your User Account and stop using the SportsHero AU Platform. Except as specifically described in or authorised by these Terms and Conditions, these Terms and Conditions and any SportsHero Policy cannot be amended except in writing signed by you and SportsHero.
8. INTELLECTUAL PROPERTY
8.1. The SportsHero AU Platform is protected by copyright, trade mark, and other laws of Australia and other countries. You acknowledge and agree that the SportsHero AU Platform, including all associated intellectual property rights, is the exclusive property of SportsHero and its’ licensors. You will not remove, alter or obscure any copyright, trade mark, service mark or other proprietary rights notices incorporated in or accompanying the SportsHero AU Platform. All trade marks, service marks, logos, trade names, and any other proprietary designations of SportsHero used on or in connection with the SportsHero AU Platform, and SportsHero content are trade marks or registered trade marks of SportsHero in the Australia and abroad. Trade marks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the SportsHero AU are used for identification purposes only and may be the property of their respective owners.
8.2. By making available any User Content on or through the SportsHero AU Platform, or through SportsHero promotional campaigns, you hereby grant to SportsHero a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free licence, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the SportsHero AU Platform. SportsHero does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
9.1. These Terms are governed by the laws of New South Wales, Australia. You and SportsHero submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
9.2. A failure by SportsHero to enforce any one of these terms and conditions in any instance(s) will not give rise to any claim or right of action by any other person, User or Participant.
9.3. Nothing in these Terms and Conditions limits, excludes, modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”).
9.4. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:
(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(b) any theft, unauthorised access or third party interference;
(c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
(d) any variation in prize value to that stated in these Terms and Conditions;
(e) any tax liability incurred by a winner or Participant;
(f) the use or claiming of a prize;
(g) any lost, misdirected or corrupt emails or communications over, to or from the SportsHero AU Platform;
(h) the SportsHero AU Platform not being available for use at any time;
(i) a Participant’s predictions that are not received or which are received and subsequently corrupted or rejected by the SportsHero AU Platform, whether or not after receipt by the Promoter; or
(j) any loss or damage whatsoever (including but not limited to direct, indirect or consequential loss) or personal injury suffered or sustained in connection with a User’s participation in a Competition, otherwise relating to the conduct of a Competition or any damage, however caused, including failure of the SportsHero AU Platform or incorrect or corrupt data supplied by the SportsHero to a User.