Terms of Service

The Company provides the AwayGame online community marketplace for Clubs and Groups. Use of AwayGame is subject to these Terms of Service.

Definitions

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

1. 1. ABN means Australian Business Number.
  2. ACN means Australian Company Number.
  3. Agreement means the agreement formed between the Users and the Company under, and on the terms of, these Terms of Service.
  4. Booking means a booking for services offered by a Business.
  5. Business means a registered user of AwayGame, that uses the features associated with a Business account.
  6. Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.
  7. Club means a collection of end Users with a common interest or goal.
  8. Company means AwayGame Pty Ltd ABN ## ### ### ###.
  9. Corporations Act means the Corporations Act 2001 (Cth).
  10. End User means a registered user of AwayGame, that uses the features associated with an End User account.
  11. Fee means a fee charged by the Company for use of AwayGame.
  12. AwayGame means:
    1. The AwayGame digital platform accessible from https://www.AwayGame.io; and/or
    2. Any AwayGame mobile application.
  13. Group means a collection of end Users with a common interest or goal.
  14. GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  15. Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
  16. Item means and item or product available for purchase from a Business.
  17. Manger means an end user with the rights and/or authority to manage a Club or Group within Awaygame.
  18. Order means a confirmed order for an Item.
  19. Privacy Act means the Privacy Act 1988 (Cth).
  20. Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at https://www.AwayGame.io/privacy-policy.
  21. Product means any item made available for sale by the a User within AwayGame either physical or virtual.
  22. Site means www.AwayGame.io.
  23. Store means a collection of products posted by a User within AwayGame.
  24. Subscription Fee means a Fee charged by the Company for use of AwayGame on a periodical basis.
  25. Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  26. Terms of Service means the terms and conditions of using AwayGame, as updated from time-to-time, which can be found at https://AwayGame.io/terms-of-service
  27. TPS means an online third-party service provider with whom a User holds an account.
  28. User means any registered Business or End User that uses AwayGame.
  29. User Content means images, information, documents or other data that is uploaded or input into AwayGame by the User or that forms part of the User’s Intellectual Property.

Using AwayGame

1. General
  1. To use AwayGame, the User must log into AwayGame and have set up their account.
  2. The User agrees that all use of AwayGame is subject to these Terms of Service.
  3. Anyone over the age of 18 may use AwayGame. People under 18 years of age must not use AwayGame without their parent or legal guardian’s consent.
  4. The Company may suspend the account or restrict the access of any User that breaches the terms of this Agreement.
2. Features
  1. AwayGame may allow an Manager to:
    1. Create and mange Clubs / Groups
    2. Create and manage Products;
    3. Browse and search Products;
    4. Make Bookings;
    5. Place Orders;
    6. Comment on Products;
    7. Communicate with other Users;
    8. Such other features AwayGame may make available from time-to-time.
  2. AwayGame may allow a Club and Group Manager to:
    1. Add and edit personal profiles of team members within a Club or Group;
    2. Offer Booking times, and accept payment for Bookings;
    3. Offer Items for sale, and accept payment for Orders;
    4. Such other features AwayGame may make available from time-to-time, or subject to the Clubs or Groups’ subscription.
3. Clubs and Groups
  1. Each User is responsible for ensuring the accuracy of all information described in a Club or Group and the associated products.
  2. The Company makes no representation as to the accuracy of any information contained in a Club or Group, including with regard to any Item, product, or service.
  3. No User may create a Club or Group for the purposes of defaming or deriding a business, organisation, or other User.
  4. Where a User creates a Club or Group, it must verify whether it is the owner or authorised representative of the organisation to which the Club or Business relates.
  5. If a User creates a Club or Group for an organisation that it does not own or have the authority to represent, the User acknowledges that control of the Club or Group may be claimed by the relevant organisation.
  6. In the event of a dispute over the control or ownership of a Club or Group, each User agrees to assist the Company to determine the User that should have control of the Club or Group by providing supporting evidence of their claim.
  7. The Company shall make a determination on the ownership of the Club or Group, and that decision shall be final and not subject to review.
4. Conduct. The User acknowledges and accepts that:
  1. The Company accepts no responsibility for the conduct of any User of AwayGame.
  2. The Company accepts no responsibility for any interaction between Users, whether that interaction occurs via AwayGame or not (including a personal meeting when picking up an Item or in relation to an Order).
  3. The Company makes no warranty or representation as to the accuracy of any information provided by any User.
  4. The Company makes no warranty as to the character or credentials of any User.
5. Lodging a Complaint.
  1. If a User believes that another user’s behaviour is threatening, discriminatory, or deliberately offensive, the User may lodge a complaint to the Company via email at support@AwayGame.io.
  2. The Company may suspend or delete the account of any User that AwayGame determines conducts itself inappropriately.
  3. The Company will advise the User of a suspended or deleted account of the decision to do so, but is under no obligation to identify a complainant.
  4. The Company’s decision whether or not to suspend or remove a User account is at its absolute discretion. The Company’s decision shall be final and not subject to review.
6. Ratings
  1. Users may use the rating system inside AwayGame to rate and provide feedback on Clubs, Groups, and Products.
  2. The User agrees to provide accurate information and to not unreasonably give another user a low rating.

User Content

1. The User acknowledges and agrees that:
  1. AwayGame may enable the User to create User Content, but that by doing so the User shall not acquire an interest to any Intellectual Property owned by the Company, which may exist in AwayGame.
  2. User Content is the sole responsibility of the person that provided the User Content to AwayGame.
  3. The User indemnifies the Company for any User Content that is illegal, offensive, indecent or objectionable that the User makes available using AwayGame.
  4. The Company may suspend accessibility to User Content via AwayGame that the Company determines is illegal, offensive, indecent or objectionable in its sole discretion.
  5. To the extent permitted by law, under no circumstances will the Company be liable in any way for User Content.
  6. The User warrants that it has all necessary Intellectual Property Rights to use User Content, and shall indemnify the Company for any infringement the User commits of third-party Intellectual Property Rights by using User Content on AwayGame.
  7. In order to provide the services afforded by AwayGame, where the User Content includes the User’s brand, logo or other intellectual property, it grants the Company a worldwide, revocable license to use the User Content, for the term of this Agreement.

Terms of Sale

1. Bookings
  1. AwayGame may allow:
    1. Clubs or Groups to advertise available Booking times and accept Bookings and via a Business Listing; and
    2. End Users to confirm a Booking by making payment via the Club or Group.
  2. The Business is responsible for ensuring that all Booking times advertised within a Club or Group are up-to date and accurate.
  3. The Club or Group may set any additional conditions on a Booking, by describing them within the Product. Such conditions may include (without limitation):
    1. The fees payable for each Booking;
    2. Cancellation policy;
    3. Refund policy;
    4. Any other rules that may apply to a Booking.
  4. Each End User must comply with the conditions of a Booking set by the Club or Group.
2. Payment for Bookings and Orders
  1. An order to purchase an Item is not confirmed until the End User completes payment via AwayGame (Order).
  2. A booking for an event, appointment, or session is not confirmed until the End User completes payment via AwayGame (Booking).
  3. Payments must be made by credit card, or as otherwise specified on the Site using the AwayGame payment gateway.
  4. The Company may take a Fee from the payment in consideration for facilitating the transaction prior to forwarding the balance of the payment to the Business.
  5. The amount of any applicable Fee deducted shall be in accordance with the rates described on the Site from time-to-time.
  6. The Company will pay the balance of any payment to the Club or Group once funds have been received.
  7. The Business must include the following costs in the value of any payment it agrees to with an End User for Items, including:
    1. Shipping Costs;
    2. GST (if applicable);
    3. The value of any Fee; and
    4. Any other duty or tariff that may apply to the transaction.
  8. The Company will provide:
    1. The End User with a Tax Invoice for its payment; and
    2. The Club or Group with a recipient created Tax Invoice for each payment it makes to the Club or Group.
3. Shipping.
  1. The terms for shipping any Orders shall be in accordance with a product, or as otherwise agreed between the End User and the Club or Group.
  2. The End User is responsible for providing the Club or Group with the correct shipping address and any special instructions.
  3. The Company recommends that Users ship Items using a registered and trackable shipping method. The Club or Group must provide an End User with any tracking details that may apply to the Order.
  4. The Club or Group shall remain responsible for the shipment of any goods until an End User receives them.
  5. The End User shall assume all risk in the Items at the time that they arrive at the End User’s address for delivery.
  6. End Users and Club or Group may arrange pickup of an Order at their own risk.
4. No Warranty.
  1. The Company makes no warranty or representation as to the quality, safety or fitness for purpose of any Product or Booking.
  2. The Company takes no responsibility for any harm or loss suffered by an End User as a result of using any Product or attending a Booking or participating in an event. If a customer suffers loss or harm as a result of any Item, Booking , or Event purchased from another user via AwayGame, the End User agrees that:
    1. The End User shall have no recourse against the Company; and
    2. The relevant User remains responsible for any such loss or harm under Australian Consumer Law.
5. No Inappropriate Items.
  1. No User may make available for sale, or advertise any Item or service that the Company in its sole discretion determines is inappropriate or offensive.
  2. The Company may remove any User Content that suggests that a user is selling or seeking to purchase an Item or service that the Company determines is inappropriate.
6. Dispute Resolution. In addition to the dispute resolution provisions contained in clause 7.12:
  1. An End User that receives an unsatisfactory Item must notify the Club or Group within 7 days of receiving the Item.
  2. Any dispute that arises in relation to an Item must be resolved between the End User and the relevant Club or Group in accordance with the terms of agreement between the End User and the Club or Group in accordance with Australian Consumer Law (if applicable).
  3. The Company reserves the right to suspend a Club or Group if the Company receives a complaint about a Club or Group.
  4. The Company may reinstate a suspended Club or Group at its sole discretion.
7. Fee Avoidance.
  1. Any purchase of an Item that occurs as a result of the Item being advertised on AwayGame, or otherwise negotiated via AwayGame, must be paid for via AwayGame.
  2. In no circumstance may Users arrange for payment by any means other than using AwayGame’s payment gateway.
  3. Failure to conduct payment via AwayGame shall be a breach of this Agreement and may result in the Company suspending or deleting the relevant Users’ accounts.
  4. The Company may charge the Club, Group, or relevant End User for the value of any Fee that the Company would have received, had the Order been paid for via AwayGame.

Fees, payments & refunds

1. Fees
  1. Each Fee applies in accordance with such features and/or services purchased or subscribed for by the User in accordance with the pricing described on www.AwayGame.io, or as otherwise agreed with the Company.
  2. The User agrees to make payment in advance for all Fees due at such frequency, or on such dates as the User has subscribed for.
  3. All payments shall be made via the online payment gateway within AwayGame, or in such other manner as the Company may direct from time-to-time. The User agrees that it has no right to access the features associated with their AwayGame subscription if it fails to make payments when due.
  4. The Company reserves the right to introduce or change any Fees from time-to-time by giving the User no less than 14 days’ written notice. Any new or changed Fees will apply at the next billing period after the User has been given such notice.
  5. If a User does not accept a change to any Fees, they may simply terminate their Account.
2. Currency.
  1. All Fees are quoted in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as US dollars or Euros).
  2. Transactions processed in other currencies may attract conversions fees, transaction fees or other bank fees, which must be paid for by the User.
3. GST.

For Users in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the User with a Tax Invoice for any payments.

1. Refunds.

1. 1. No refunds of Fees are offered other than as required by law.
  2. If an End User believes it is entitled to a refund for an Order or Booking, the End User acknowledges that it must seek such a refund directly from the relevant Business.

1. Late Payment.

The Company may restrict access to any paid features if Fees for continued use are not paid when due.

Third Party Login and Integration

1. Registration & Login.
  1. A User may be able to register as a User, access AwayGame and use integrated features by connecting their account with certain third party services (TPS) (e.g, Facebook, Twitter etc).
  2. As part of the functionality of AwayGame the User may connect their profile with a TPS by:
    1. Providing their TPS login information to the Company through AwayGame; or
    2. Allowing the Company to access their TPS in accordance with its terms & conditions of service.
  3. When connecting to AwayGame using a TPS the User warrants that they are not in breach any of the TPS’ terms & conditions of service.
2. Ongoing Availability.
  1. The User agrees that User access to AwayGame may be unavailable if the TPS becomes unavailable, and that the User may lose functionality or content that is shared between the TPS and AwayGame.
  2. The User may disconnect the connection between AwayGame and the TPS at any time.
  3. The Company has no relationship with any TPS and cannot guarantee the efficacy of any TPS connection.
3. Data from TPS.

Where a User connects and or registers their account using a TPS, the User authorises the Company to use data from that TPS to create the User’s profile within AwayGame.

Relationship

1. The parties agree that the Business is an independent contractor to the End User. Each End User and Club or Group is responsible to each other with respect to each Order or Booking. The parties acknowledge and agree that:
  1. The Club or Group is not an employee or subcontractor of the Company, and the Club or Group does not provide any goods services to End Users on behalf of the Company;
  2. The Company is only the Clubs’ or Groups’ agent for the purpose of advertising Products and Bookings, and receiving payments from the End User;
  3. The Club or Group is not an employee of the End User or the Company; and
  4. The Company is not an agent of the End User.

General conditions

1. Licence
  1. By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use AwayGame for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
  2. The Company may issue the licence to the User on the further terms or limitations (including the number of users or volume of use or transactions) as it sees fit.
  3. The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User.
2. Modification of Terms
  1. The terms of this Agreement may be updated by the Company from time-to-time.
  2. Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using AwayGame.
3. Software-as-a-Service
  1. The User agrees and accepts that AwayGame is:
    1. Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and
    2. Managed and supported exclusively by the Company from the Company servers and that no ‘back-end’ access to AwayGame is available to the User unless expressly agreed in writing.
  2. As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter AwayGame.
4. Support
  1. The Company provides user support for AwayGame via the email address support@AwayGame.io
  2. The Company shall endeavour to respond to all support requests within 1 Business Day.
5. Use & Availability
  1. The User agrees that it shall only use AwayGame for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
  2. The User is solely responsible for the security of its username and password for access to AwayGame. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its AwayGame account.
  3. The User agrees that the Company shall provide access to AwayGame to the best of its abilities, however:
    1. Access to AwayGame may be prevented by issues outside of its control; and
    2. It accepts no responsibility for ongoing access to AwayGame.
6. Privacy
  1. The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User, Clubs, and Groups.
  2. The Privacy Policy does not apply to how the Club or Group handles personal information. If necessary under the Privacy Act, it is the Clubs’ or Groups’ responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.
  3. AwayGame may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.
7. Data
  1. Security. The Company takes the security of AwayGame and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
  2. Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
  3. Storage. The Company stores data on servers based in the USA according to accepted industry standards. If the User requires its User Data to be stored in a different location, the Company may charge the User a fee to do so.
  4. Backup. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by the Company.
8. Intellectual Property
  1. Trademarks. The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
  2. Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of AwayGame.
  3. The AwayGame Application. The User agrees and accepts that AwayGame is the Intellectual Property of the Company and the User further warrants that by using AwayGame the User will not:
    1. Copy AwayGame or the services that it provides for the User’s own commercial purposes; and
    2. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in AwayGame or any documentation associated with it.
  4. Content. All content submitted to the Company, whether via AwayGame or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to AwayGame.
9. Disclaimer of Third Party Services & Information
  1. The User acknowledges that AwayGame is dependent on third-party services, including but not limited to:
    1. Banks, credit card providers and merchant gateway providers;
    2. Telecommunications services;
    3. Hosting services;
    4. Email services; and
    5. Analytics services.
  2. The User agrees that the Company shall not be responsible or liable in any way for:
    1. Interruptions to the availability of AwayGame due to third-party services; or
    2. Information contained on any linked third party website.
10. Liability & Indemnity
  1. The User agrees that it uses AwayGame at its own risk.
  2. The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
  3. The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with AwayGame, including any breach by the User of these Terms of Service.
  4. In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, injury, illness, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use AwayGame, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, injury, illness or business interruption of any type, whether in tort, contract or otherwise.
  5. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
    1. The re-supply of services or payment of the cost of re-supply of services; or
    2. The replacement or repair of goods or payment of the cost of replacement or repair.
11. Termination
  1. Either party may terminate this Agreement by giving the other party 1 month’s written notice.
  2. Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
  3. Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses 7.9, 7.12 and 7.13 survive termination of this Agreement.
12. Dispute Resolution
  1. If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
    1. Includes or is accompanied by full and detailed particulars of the Dispute; and
    2. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
  2. Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
  3. Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
  4. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
  5. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
13. Electronic Communication, Amendment & Assignment
  1. The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
  2. The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to-time.
  3. The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
  4. A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
  5. Notices must be sent to the parties’ most recent known contact details.
  6. The User may not assign or otherwise create an interest in this Agreement.
  7. The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.
14. General
  1. Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
  2. Prevalence. To the extent this Agreement is in conflict with, or inconsistent with any Special Conditions made under this Agreement, the terms of those Special Conditions shall prevail.
  3. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
  4. Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
  5. Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
  6. Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
  7. Governing Law. This Agreement is governed by the laws of New South Wales, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
  8. Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.