Software Terms

Registration

In order to access the Applications, you must register as a user on the relevant Application (User).

To register as a User, you may use one or more registration channels facilitated by Athletica Australia that may include usernames and passwords or single sign on options (Access Information). Access Information is authenticated using secure third-party systems. This registration will provide access to the Application(s).

If your User registration has been automated, your initial login will be used as the date of acceptance of these Terms.

Users with administrative privileges for an Entity may have elevated permissions to enable or disable other Users connected to that Entity.

Age requirements

If you are under 15 years old, you may only become a User of Athletica Australia applications with the approval of your parent or guardian.

You may be subject to additional age requirements to access an Application, depending on the terms and conditions of the Apple App Store or Google Play Store.

Free and paid accounts

You may access the Applications without payment of any fees, but your access will be limited to freely available features only. A User's access to functionality may be limited or elevated based on licensees provisioned for an Entity to which the User's account relates.

Subscription users will be given full access to the relevant Application(s), and subscription fees and terms may be determined by separate agreement between Athletica Australia and the Entity with which you are affiliated, or as otherwise agreed between you as an individual User and Athletica Australia.

All payments completed on the Applications will be facilitated by third party payment systems such as Stripe. If payments are subject to a payment processing fee, these will be disclosed to you prior to completing the transaction.

Any information which you provide to us in registering as a User will be stored in accordance with the Athletica Australia privacy policy which is published on the Website at www.athletica-fit.com/privacy as amended from time to time. You agree to keep all information provided to us true, accurate, up-to-date and complete.

You are responsible for all activity that occurs on your account, and you must keep your Access Information secure and protect it from unauthorised access or use, including safeguarding your password and ensuring your password is strong (combines upper- and lower-case letters, numbers and symbols). If you suspect or become aware of any unauthorised use of your account or that your Access Information is no longer secure, you agree to notify us immediately in writing.

You acknowledge and agree that any person you invite to register for access to Applications will be required to accept the terms of this Agreement and the Privacy Policy prior to accessing and using Applications.

Use of and Access to the Application

Subject to these Terms and all applicable laws, Athletica Australia grants you a non-exclusive, revocable, non-transferable, non-sublicensable right to access and use the relevant Application for the purpose of accessing the Athletica Australia Services for the duration of your subscription term only.

You must not:

• infringe the Intellectual Property Rights of Athletica Australia or any third party;
• rent, lease, distribute, sell, sublicence, on sell, transfer or provide access to the Application to unauthorised third parties;
• without Athletica Australia prior written consent, incorporate the Application(s) into a product or service you provide to a third party;
• interfere with any mechanisms in the Application intended to limit your access or use of the Applications or System;
• reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to the Application(s) or System except to the extent expressly permitted by law (and in such case, only upon providing us with advance notice in writing);
• remove or obscure any proprietary or other notices contained in any Application;
• use an Application to build competitive products;
• access or use another User's account and may not cause or allow another person to use your account, other than as expressly allowed under these Terms; or
• encourage or assist a third party to do any of the above.

Athletica Australia may in its sole discretion restrict a User's access to the Application for any violation of the above restrictions on the licence, or for a suspected violation of the acceptable use policy set out in the below clause. We may terminate a User's account for repeat violations. We will not be liable to you or any third party for terminating a User's account or restricting a User's access to the Application in accordance with this clause.

Athletica Australia, in its sole discretion, delete a User account which we deem to be abandoned (inactive for an extended period of time). Your Information stored or contained in an abandoned User account may be deleted permanently without prior notice to you, subject to our Privacy Policy.

Athletica Australia may in its sole discretion restrict or disable entire Entities and their related information and data for any violation of these terms, or for a suspected violation of the acceptable use policy set out in the below clause. We may terminate an entire Entity Profile for repeat violations. We will not be liable to you or any third party for terminating an Entity Profile or restricting access to the Application.

Acceptable Use

You must not:

• use the Applications in any way that could damage the reputation of Athletica Australia or the goodwill or other rights associated with the System;
• permit any person to link to any page containing any part of the System (including via a hyperlink or RSS feed) without our prior written consent;
• reproduce, make corrections to, or otherwise modify or adapt the System, the Applications or the Website or create any derivative works based upon them;
• develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the System or otherwise copy data from the System;
• override any security feature or bypass or circumvent any access controls or use limits of the System;
• upload anything to the System that contains viruses or any other harmful code; material that is of a sexually explicit, harmful, discriminatory or offensive nature; material that supports any breach of ethics, racism, discrimination, abuse or bullying; material that facilitates, supports or incites illegal activity or violence; material that causes damage, or seeks to incite, damage or injury to another party or to property; or is otherwise in contravention of the Australian Classification Board and Broadcasting Services Act 1992 (Cth) or similar laws and regulations in your jurisdiction;
• use bots or other automated methods to access the System;
• monitor the System's availability, performance or functionality for any competitive purpose;
• probe, scan, or test the vulnerability of the System or network;
• access or search or attempt to access or search the System by any means (automated or otherwise) other than through our currently available, published interfaces or Applications;
• engage in "framing," "mirroring," or otherwise simulating the appearance or function of the System;
• overlay or otherwise modify the System, the Applications or its appearance or interfaces;
• interfere with the operation of, or place an unreasonable load on, the System; or
• otherwise do anything that adversely affects the integrity, or interferes with the functioning of, the System and Applications.

Athletica Testing

The following conditions apply to the use of Athletica Australia Testing:

• you warrant that all information you provide to us is true and accurate;
• you further warrant that the information (specifically the test metric scores) is not a result of any prohibited substance in violation of anti-doping rules;
• you must at all times hold, and continue to hold, a "working with childrens check". Any allegation of conduct that could prevent or lead to the removal of your "working with childrens check" may result in immediate suspension of access to Athletica Hub.

You agree that the drills and materials provided in Athletica Australia Training/hub are generic in nature and must be used with common sense, having regard to the age, ability, fitness, health, physical capabilities and skillset of yourself and/or team.

Athletica Australia, its staff, contractors, and the Athletica Hub application do not provide medical or professional advice. Any information contained in Athletica Hub is general in nature only.

Your Information

We reserve the right to remove any content or functionality from any/all Applications for any reason. We may, at any time and for any reason (acting reasonably), deny you future access to Applications or impose conditions on your access.

You own and will continue to own at all times all of the rights, title and interest in and to your Information and you are solely responsible for the legality, reliability, integrity, accuracy and quality of your Information.

You continually warrant that you are the owner or licensee of all your Information; that you have all rights and consents required to provide your Information to us; and that our use of your Information in accordance with these Terms will not infringe the Intellectual Property Rights or any other rights of any third party or of any of your directors, officers, employees, contractors, agents.

While you remain a User, we may analyse the way in which you use the System, the Applications and the Website for the purposes of developing the System or assessing its business operations. You acknowledge that any Insights created by us in doing this is the sole and exclusive property of Athletica Australia. Insights will be de-identified and will not contain any Personal Information.

When you upload content such as an Entity's logo to Applications or otherwise give us your Information, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all intellectual property rights you have in the content, in any media known now or in the future, for the purpose of the conduct of Applications business.

Where reasonable to do so, we will take steps to ensure any Information is de-identified before using the Information to improve our services. In some cases, parts of your Information will be required to maintain access and usability of the Application(s) for other Users.

Maintenance

We use all reasonable endeavours to ensure that Applications are 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 Applications at any time without reason and without notice.

We may provide you with updates to the Application from time to time to enhance or improve the quality, functionality or operation of the Application (Update). Updates must be accepted in order to continue accessing all features of the Application.

You agree and acknowledge that:

• your access to or use of the System may be suspended due to Force Majeure for the duration of the Force Majeure event;
• the Applications and related data are hosted on and supported by servers, internet connections, networks, and other software and/or hardware that are not in the control of Athletica Australia;
• access to and use of the Applications may be affected by external factors such as speed of connection from your equipment to the servers supporting the Applications; and
• we will not be liable to you for any Loss arising in connection with any lack of availability or use of, or access to, or failure, defect, interruption or limitation of the Applications whatsoever.

Statutory Conditions and Warranty

Consumer Notice: services supplied to you by Athletica Australia may come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.

Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, any liability imposed upon Athletica Australia in respect of a breach of Warranty will at its option be limited to the resupply of services, or the refund of the price paid for the services.

To the extent permitted by law, the following are not covered by Warranty: failure or defect resulting from your improper care or use; faulty or incorrect use of the Applications by you; and any modification or alteration not conducted or authorised by Athletica Australia.

To the extent permitted by law, we shall not be liable for any indirect or consequential damage, Losses or expenses suffered or incurred by you, however caused.

Limitation of Liability

Except as expressly set out in these Terms or in applicable law, we make no warranties or other representations to you in relation to the System. Our liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.

You acknowledge and agree that to the maximum extent permitted by law, we will not be liable to you or any other person under any circumstances for any Loss arising from: any negligent act or omission or wilful misconduct by Athletica Australia or its employees or agents; the supply, performance or use of the System or Applications; or any breach by Athletica Australia of its obligations under these Terms.

We are not responsible for any Loss. We do not limit access to our Application to specific jurisdictions, and as such you are solely responsible for ensuring your use of the Applications is compliant with any applicable laws of the jurisdiction in which you are located.

In any situation, Athletica Australia's maximum aggregate liability to you, or any related party, arising out of or related to these Terms will not exceed the amount actually paid or payable by you to us under these Terms in the twelve (12) months immediately preceding the claim.

Information on the System

Athletica Australia is not responsible for any typographical, technical, or descriptive errors contained in the Applications. If Athletica Australia becomes aware of the existence of such an error, it will do all things reasonably necessary to rectify such an error. To the extent permitted by applicable laws, Athletica Australia will not be liable to you for any Loss arising out of your reliance upon any typographical, technical, or descriptive errors on the Applications.

Links to Third Party Websites

The System may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and Athletica Australia may have no control over the operation of such websites, content or resources. The existence of these links does not imply that Athletica Australia endorses the linked website, content or resource.

Intellectual Property

In granting you access to any Application, we do not confer on you any assignment of any Intellectual Property Rights that subsists in any of the Application(s), System or any other materials owned, licenced, or supplied by Athletica Australia other than the limited licence set out above.

You acknowledge that Athletica Australia retains ownership of all rights, title, interest and goodwill in the Intellectual Property Rights that subsists in the Applications, System, Insights, and any materials supplied by Athletica Australia.

You are not permitted to assign, transfer or sub-licence any of the rights granted to you by Athletica Australia to any related party or any unrelated third party without the express consent in writing of Athletica Australia.

You shall not re-publish, transfer, copy, reproduce or post on the internet any of Athletica Australia's materials without our prior written consent.

The copyright in the Website, the Applications and the System, copy, images, logos, indicia, text, content is owned by Athletica Australia. The domain name www.athletica-fit.com or any of the trademarks, logos or other material in which Intellectual Property Rights subsist may not be used in advertising or publicity without Athletica Australia's prior written consent. To request consent, email us at hello@athletica-fit.com.

If you correspond or otherwise communicate with Athletica Australia, including through voluntary submission of feedback, comments or reviews, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication.

We will respond to notices of alleged copyright infringement that comply with applicable law. If you wish to report an actual or suspected infringement of Intellectual Property Rights, please send us an email at hello@athletica-fit.com.

Privacy and Personal Information

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

Without limiting any other obligations under this agreement, you warrant and agree that any personal information provided to us has been collected and shared in accordance with all applicable Privacy Laws; you have obtained the consent of any individuals whose personal information you share with us; you will not use Applications to collect personal information not strictly necessary for your normal use; and you will keep any password required to access your Applications account secure.

Our computer servers may record details about any computer which is used to access the System (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.

Termination

You may cease accessing the Application(s) at any time; however, the Terms will continue, and any subscription fees paid by you will not be refunded unless the Terms are terminated in accordance.

Athletica Australia may terminate these Terms and revoke your access to the Application(s), immediately for any reason and at any time, without prior notice to you, if: you are in breach of these Terms and have not remedied the breach within 7 days of notice to you; or you have repeatedly violated the acceptable use requirements under these Terms.

Either party may terminate these Terms if a Force Majeure event occurs and subsists for over 30 days.

Upon termination of these Terms for any reason: your access to the Application(s) will cease or, at Athletica Australia's sole discretion, revert to limited features available on a free access basis; Athletica Australia will continue to use any non-personally identifiable information gathered during your access to the Application; and you must pay Athletica Australia any outstanding amounts for services provided up to and including the date of termination.

Dispute Resolution

In the event of any complaint or claim arising out of these Terms, you must first provide notice of the dispute in writing to Athletica Australia.

Athletica Australia will offer a resolution to your complaint or claim within a reasonable period of time, being not less than 45 calendar days from receipt of your notice.

If we are unable to resolve your complaint or claim within a reasonable period of time, either party may refer the dispute to mediation. Within 45 calendar days of receipt of a mediation notice, the parties must agree to a mediator, and failing agreement, the parties must appoint a mediator recommended by the Law Institute of Queensland.

The costs of mediation will be paid equally by the parties. If the mediation fails to resolve the dispute, either party may commence an action in a court of competent jurisdiction.

Nothing in these Terms prevents a party from seeking urgent interlocutory or injunctive relief with respect to a violation of Intellectual Property Rights, confidentiality obligations, or enforcement of an award or order in the appropriate jurisdiction.

Indemnity

You will at all times indemnify, and agree to keep indemnified, Athletica Australia and its directors, officers, employees and agents from and against any Loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by Athletica Australia arising from any claim, demand, suit, action or proceeding by any person against you or against Athletica Australia where such Loss or liability arose out of, in connection with or in respect of your use of the System or Applications, or breach of these Terms.

General

Any notice to Athletica Australia under these Terms must be given in writing to hello@athletica-fit.com and will be deemed given upon our receipt of the notice.

In the event that Athletica Australia merges, sells or otherwise undergoes a change control of its business or the System to a third-party, it reserves the right, without giving notice or seeking consent, to transfer or assign the Personal Information, content and rights that it has collected from you and any agreements between you and Athletica Australia.

If Athletica Australia does not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is in writing and signed by Athletica Australia.

If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms, and the severed part will not affect the validity and enforceability of any remaining provisions.

These Terms and any agreement between Athletica Australia and you will be governed by and interpreted in accordance with the laws of Queensland, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.

Definitions

Application

means, collectively or separately, every current and future website, mobile and desktop application or software available on any other platform, including but not limited to the Athletica Australia website, Athletica Squad, Athletica Wellness, Athletica Hub, Athletica Testing, Athletica Scout, and the Services provided by Athletica Australia through each of them;

Australian Consumer Law

means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of any state and territory fair trading legislation;

Coach, Club, and Team

are permission settings determined by a User in the relevant Application(s), and may refer to the sporting team or club with which a User is affiliated;

Entity

means a Team, Club, School, League, organisation, Association or any other organised collective or individuals that can be represented as a group;

Entity Profile

means a digital representation of an Entity on one or more of the Applications;

Information

means all documents, data, records, images, logotypes, trademarks, videos, copyright protected information and all other information and data relating to you provided, uploaded or published by you or any other third party and made available for access at or via the Application(s);

Intellectual Property Rights

means all intellectual property rights (whether created before, on or after the date of this Agreement and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade name, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, and any other identifiable result of intellectual endeavour;

Force Majeure

means any act or event caused by any factor that is not within the reasonable control of a party to these Terms, including without limitation, act of God; war; national emergency; cyber-attack; explosion; damage to telecommunications infrastructure or internet services leading to a failure or delay to perform any obligations under these Terms;

Insights

means the derived results from insights and analytics of the System including your use of the Application, Website and System as compiled by Athletica Australia or its agents or contractors;

Loss

includes any loss, damage, liability or obligation, compensation, fine, penalty, charge, payment, cost or expense (including any legal cost and expense on a full indemnity basis) however it arises and whether it is present or future, fixed or unascertained, actual, consequential or contingent and including any loss of profits, loss of revenue and loss of opportunity;

Personal Information

has the meaning given to it in the Privacy Act;

Privacy Act

means Privacy Act 1988 (Cth) as amended from time to time;

Services

means the services provided by Athletica Australia through the Applications, including, but not limited to Events, Notes, Wellness, Groups, and Messaging;

System

means the cloud-based infrastructure that facilitates the operation of the Athletica Australia Applications, and all of its associated services and/or functionality;

Virus

means anything or device (including any software, code, file or programme) which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices; and

Website

means the website with the designated URL www.athletica-fit.com and its associated services and/or functionality.