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1.1 By accessing and using Our Services you accept and agree to be bound by these Terms and accordingly you should review them carefully. If you do not accept these Terms you must not access or use the Services.
1.4 We may change these Terms at any time and We will notify you the next time you login, otherwise the most current Terms will be on the Site.
2 Access and use of Services
2.1 Subject to these Terms, you may access and use the Services at no charge and without registering an Account.
2.2 You acknowledge and accept that access to and use of parts of the Services might be: (a) restricted to Subscribers only; (b) subject to the payment of a Fee; or (c) subject to terms and conditions in addition to these Terms, and the imposition or removal of any access or use restrictions for any part of the Services is at Our sole discretion.
4 Registering an Account and becoming a Subscriber
4.1 You are only able to use the Sponsorship Services by becoming a Subscriber and having an Account.
4.2 A Subscriber can only commence and continue to use the Sponsorship Services once their email address has been verified
4.3 To register an Account or become a Subscriber you must: (a) validly enter your email address, a password or use the login with Facebook feature and all other information requested in the various registration sections of the Site; (b) signify your acceptance of these Terms and such other conditions in addition to these Terms; (c) pay any Fees attributable to your Subscription; and (d) in the case of Sponsees you must have a PayPal® account capable of receiving payments in order to receive Sponsorship payments.
4.4 You must keep your Account password confidential. You are responsible for any activities or Transactions made using your Account and We are not liable for any damage or loss which results from unauthorised access to your Account. You must immediately notify Us of any unauthorised access or use of your Account of which you become aware via the Contact Us section of the Site.
4.5 At Our sole discretion, We have the right: (a) to refuse a Subscriber’s request to open an Account; (b) to suspend or revoke a Subscriber’s right to access its Account and receive Sponsorship Services.
4.6 Your Account is not transferrable.
4.7 You may cancel your Account at any time. To the extent permitted by law, including the Australian Consumer Law, Subscription fees are not refundable.
4.8 Subscriptions are active and remain open until otherwise terminated, by you or Us. Subscribers that are Sponsees will be charged an annual fee upon the posting of their first Sponsorship opportunity and annually thereafter on the anniversary of their first listing.
5 Closing your Account
5.1 You may close your Account at any time.
5.2 We reserve the right, without notice to you and at Our complete discretion, to refuse to register your Account or close your Account if We believe you: (a) have breached any part of these Terms; (b) are likely to breach any part of these Terms; or (c) have acted against Our business interests or reputation.
5.3 You will not be entitled to recover any amounts paid via your Account.
6 Sponsorship Services
6.1 Via Our Services Sponsees are able to advertise Sponsorship opportunities by posting a listing on Our Site which Sponsors are able to buy.
6.2 Sponsees are responsible for ensuring that their Sponsorship opportunities and the Sponsorship Package Benefits are accurate and complete.
6.3 We merely provide an advertising channel and do not interview, screen, undertake reference checks, legal checks, police checks, working with children checks, anti-money laundering, counter terrorism funding or any form of due diligence (Vetting) about Subscribers, Organisations, Sponsees, Sponsors or Users and Vetting is the responsibility of Users.
6.4 Subscribers will be solely responsible for contracting or engaging with each other, including such contract or engagement via the Services, including the negotiating or entering into any Sponsorship agreement if they so desire.
6.5 We have no legal or commercial relation or obligation whatsoever in connection with the Transactions between Users.
6.6 Sponsorships must be paid via credit card and are irrevocable.
6.7 Sponsees will have three (3) days in which to decide whether to accept the Sponsorship.
6.8 If a Sponsorship is not accepted within this time frame then the Sponsorship will be refunded to the Sponsor’s credit card.
6.9 If a Sponsorship is accepted it will be paid directly into the Sponsors nominated PayPal® account, less Our transaction fee and any PayPal® processing fees.
6.10 To the extent permitted by law, an accepted Sponsorship made through the Sponsorship Service is not refundable, unless agreed by the Sponsee.
6.11 Sponsees are soley responsible for providing Sponsorship Package Benefits to Sponsors.
6.12 All Sponsorships undertaken via the Services are processed in Australian dollars.
6.13 Children under the age of 18 years may only use the Sponsorship Services under the direct supervision of their parent or guardian.
6.14 We make no representation or warranty as to the tax deductibility of any Sponsorship.
6.15 Sponsees are solely and exclusively responsible and liable for providing their Sponsors with payment acknowledgements, receipts or Tax Invoices in respect of Sponsorship funds paid to them.
6.16 We are not responsible for issuing receipts, Tax Invoices or payment acknowledgements in respect of any Sponsorship paid by a Sponsor to a Sponsee. To the extent that Our Services sends an email or keeps a record of a Transaction this is solely an administrative function on Our part and does not represent to due and lawful payment or receipt of funds.
7.1 We may charge fees for our Services, including Subscription Fees, admin & credit card processing fees. Third parties, such as banks, credit card companies, PayPal®, Charbee may also charge you fees in respect of payment processing and the like.
7.2 Any fees attributable to your Account, Subscription or Sponsorship will be detailed at time of payment.
7.3 Sponsees are required to pay an annual Subscription fee which will be charged to their credit card upon Account registration and on the anniversary thereof. Sponsees will also be charged a transaction fee and a PayPal® processing fee in respect of any Sponsorship monies that they receive, which will be automatically deducted from those Sponsorship monies.
7.4 We reserve the right to change Our fees from time to time.
7.5 You are responsible for adhering to any terms or conditions imposed on you by PayPal® in respect of your PayPal® account.
8.1 Only Subscribers are permitted to make Transactions through the Services.
8.2 All Transactions made through the Services will be covered by these Terms and any additional terms or conditions displayed during the finalisation of the Transaction.
8.3 By completing a Transaction you agree to pay all amounts related to the Transaction. Once a Transaction is completed, you cannot cancel or reverse it.
8.4 You acknowledge and accept that, while We make all reasonable commercial efforts to ensure Transactions occur in a secure environment, transacting through the Internet has inherent risks and We are not responsible for any unauthorised: (a) interception, modification or diversion of a Transaction request; (b) access or copying of details relating to a Transaction (including personal or financial information); or (c) failure to process a Sponsorship payment, where that failure is not directly caused by Our deliberate actions.
8.5 We reserve the right to modify, suspend or cancel any Transaction for any reason.
9.1 We derive Content on the Site from sources which We believe are accurate and up to date as at the time of publication, including Comments from Subscribers. We do not make any representation or warranty as to the accuracy, completeness, currency and reliability of any Content provided via the Services.
9.2 To the extent permitted by law, you release us from all liability for any claim or loss that directly or indirectly results from your reliance on any Content provided via the Services.
9.3 We may engage third parties to author, design or provide Content for inclusion in the Services. You acknowledge and agree that in relation to all Content contributed by third parties: (a) any views or opinions expressed in that Content are the views and opinions of that third party and not Ours; and (b) despite any attribution of authorship or lack thereof, the responsibility and liability for ensuring the accuracy, legality, completeness and currency of such Content lies exclusively with the third party who provided it.
9.4 Any Comments that you make via the Services, including about yourself or your Organisation, must be accurate, honest and true.
10 User Comments & Conduct
10.1 Subscribers may submit or post Comments via the Services.
10.2 You grant Us a non-exclusive, irrevocable, perpetual, royalty free, transferable and worldwide right to use and deal with your Comment as if We were the author or creator of the Comment.
10.3 You agree that you will not enforce any Moral Rights you may have in any Comment submitted via the Services and you agree that We may use your Comments in any manner which We see fit without acknowledgement or reference to your Moral Rights.
10.4 We may, in our sole discretion, edit, alter, move or delete any Comments without notice.
10.5 You must not: (a) upload or make any Comments that are or are likely to be offensive, defamatory or racist, or material that breaches any law or regulation or infringes any third party rights (including intellectual property rights); (b) use the Services to misrepresent your identity or affiliation with any Organisation or person; (c) use the Services for any unlawful or criminal purpose; (d) cause disruption, impairment or damage to the Services; (e) use the Services to send junk or spam messages or forward information to a person who has not provided consent to receiving such information; and (f) use or access any part of the Services that you are not authorised to use or access and you must not modify, translate, sell, decompile or disassemble any part of the Services.
11 User Warranties and Indemnities
11.1 By registering an Account with Us, you represent and warrant that: (a) you are 18 years of age or over, or, if you are under 18 years of age, you have your parent's or guardian's consent to enter into these Terms; (b) you are properly authorised to use the credit card or PayPal® account that is being used to pay Fees, make or receive Sponsorships (if applicable); (c) you represent the Organisation stated in your Account or Subscription application and that you are authorised by that Organisation to undertake Transactions on the Orgainsations behalf; (d) all information and Comments provided by you to Us generally and for the specific purpose of your Subscription: (1) is true and correct; (2) is not misleading or deceptive, defamatory or offensive; (3) does not infringe a third party’s rights (including intellectual property rights); and (4) can otherwise be lawfully published by Us; and, (e) You agree to hold us harmless and indemnify Us for all losses, costs, expenses or damages that We may suffer if: (1) any of the information or Comments you provide to Us is not correct; (2) any representation or warranty you make proves to be untrue; or (3) you breach any provision of these Terms.
12 Intellectual Property
12.1 By accessing and using the Services you acknowledge and agree: (a) We own all right, title and interest in, or are licensed to use the Intellectual Property and you will not hinder, impede, invalidate or challenge Our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property; (b) any use, downloading, copying, adaption, modification, communication or reproduction of any part of the Site or the Intellectual Property is strictly prohibited unless necessary for and incidental to your access and use of the Services; and (c) you must not otherwise copy, upload, communicate, modify, transmit, reproduce, distribute or in any way exploit any of the Content, Intellectual Property, Services or Site.
12.2 Certain software and other content provided or available through the Services may be stated to be subject to special or additional rules or conditions which will form part of these Terms.
12.3 You agree to use the Services for lawful purposes only.
13 Download Rights
13.1 You acquire no rights or licences in or to the Site or the Content other than the limited right to use the Services in accordance with these Terms. Other than as set out in these Terms, you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Services.
13.2 You are not permitted to offer for sale or sell or distribute over any other medium the Content or any part thereof. The Services and the information contained therein may not be used to construct a database of any kind, nor may the Site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Site.
14 Modifying and terminating the Services
14.1 We reserve the right to modify, update or terminate the Services or any part of the Services at any time and at Our absolute discretion, without notice or liability to you.
14.2 Any change or modification to the Services or these Terms is effective immediately upon them being posted on the Site. If any such change or modification is unacceptable to you, you must not use the Services. If following any such change or modification you continue to use the Services, Services or Content, then you will be deemed to have accepted those changes or modifications.
15.1 We have no control over and are not responsible for the content of any third-party: (a) site for which a hyperlink is provided or displayed via the Services; (b) site framed within the Site; (c) site redirected by the Services including payment pages; or (d) advertisements displayed via the Services.
15.2 We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third-party websites described in clause 15.1.
15.3 Hyperlinks are provided via the Services are for your convenience only and may not be current or operational. Our use or inclusion of a hyperlink on the Site is not an endorsement, approval or recommendation of the linked website or its content.
15.4 We are not responsible for the content or privacy practices associated with third-party websites and accessing these sites you should read their terms, conditions and privacy statements. Your use of or reliance on any third-party website is at your own risk absolutely.
16 Disclaimer To the maximum extent permitted by law:
16.1 The Content, Services and Site are provided as is. We make no representation and give no warranty or undertaking (express or implied) as to the accuracy, availability, completeness, currency, effectiveness or reliability of the Content, Services or Site for any particular purpose or that the Content, Services or Site will be error free.
16.2 The use of and your reliance upon the Content, Services or Site is entirely at your own risk. When using the Services information will be transmitted over a medium which may be beyond Our jurisdiction or control. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any Content you may transmit via the Services or Transactions you undertake.
16.3 We will not be responsible for any corruption, delay, failure or interruption of any data or other information transmitted in connection with Services which is beyond our direct control. For the avoidance of doubt We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Services.
16.4 We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon the Services or the Services’s inability to meet your needs.
To the maximum extent permitted by law:
17.1 We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Services.
17.2 You may have rights under the Australian Consumer Law which cannot be excluded (ACL Rights). To the maximum extent permitted by law, except in relation to ACL Rights: (a) All terms and warranties implied by law into this Agreement are excluded; (b) Unless expressly stated in this Agreement no other terms or warranties are implied in this Agreement; (c) If any such implied term or warranty applicable to Us cannot be legally excluded, then to the extent permitted by the law, Our liability for any breach of such term or warranty by Us (as the case may be) is limited at Our option to replacement or resupply of the relevant goods or service; (d) Our aggregate liability to you for all causes of action arising in connection with this Agreement (including, negligence) is capped at the total amount of the fees paid or payable by you to Us in the 12 months prior to your claim under this Agreement; (e) We will not be liable to you under or in connection with this Agreement (including, without limitation, in negligence) for loss of profit or goodwill or any indirect or consequential loss or damage relating to this Agreement even if it has been advised of the possibility of such loss or damage; (f) Any claims by you must be made within no more than 6 months from the date of the event that gave rise to the claim.
17.3 In relation to ACL Rights (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law) Our liability for a failure to comply with any ACL Right is limited, at Our discretion and option (as the case may be), to: (a) in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again; and (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; or the repair of the goods; or payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired.
17.4 Your remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
18.1 To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
18.2 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.
18.3 We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond Our reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
18.4 These Terms are governed by and construed in accordance with the law of the State of Victoria and the Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.
Account means an account registered through the Services by a User who wishes to become a Subscriber use the Sponsorship Services.
Comments means any Content or any other material submitted by a User, including Sponsorship opportunities and Sponsorship Package Benefits.
Content means animations, blogs, data, feedback, images, information, logos, movies, names, text and any other material whether currently existing or not that may be displayed, delivered through or otherwise embodied in the Services.
Direct Communication means email, SMS, instant message or any other form of communication.
Intellectual Property means all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights, social media identifiers and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to Us or any information, media or process utilised by or embodied in the Content, Services or Site.
Moral Rights has the same meaning as defined in the Copyright Act 1968 (Cth).
Organisations include associations (incorporated or otherwise), charities, clubs, companies, events, expos, firms, government agencies or departments, partnerships, schools, universities.
Services mean the provision of the Site, Content and any service offered on a Site including the establishment and maintenance of your Account, the Sponsorship Services or processing of Transactions.
Site means the various applications, websites & digital channels owned, licensed &/or operated by Us and/or Our third-party associates on Our own behalf and on behalf of third parties from time to time, whether currently existing or developed in the future, including: (a) sponsorshops.com, Sponsorshops.com.au, sponsorshops.co.nz, Sponsorsports.com.au, sponsorsports.co.nz ; and (b) related social media sites, including Facebook.com/sponsorshops, Twitter.com/sponsorshops_ and instagram.com/Sponsorshops/.
Sponsee means any Subscriber that seeks Sponsorship from Sponsors.
Sponsor means any Subscriber that provides Sponsorship to a Sponsee. For the avoidance of doubt a Subscriber is capable of being both a Sponsee (recipient of Sponsorships) and a Sponsor (provider of Sponsorships) Sponsorship means the giving of money from a Sponsor to a Sponsee in consideration for Sponsorship Package Benefits.
Sponsorship Package Benefits mean any benefits offered by Sponsors to Sponsees in connection with a Sponsorship opportunity.
Sponsorship Services mean the advertising services offered by Us via the Services to enable Sponsees to promote their Sponsorship opportunities and Sponsors to make Sponsorships.
Subscriber means a User who has opened an Account and includes employees or representatives of Organisations.
Tax Invoice means a valid tax invoice/receipt provided by Us to a Subscriber, which includes: (a) the monetary amount donated; and (b) an order reference number.
Terms means these terms and conditions between you and Us.
Transaction means anything you do via or in relation to the Servces, including the creation of your Account, posting Sponsorship opportunities, the payment of Sponsorships, the provision of Sponsorship Package Benefits, the posting of Comments. Us, We and Our mean Sponsorshops Pty Ltd.
User, you and your means a person who uses the Services and includes any Organisation that individual Users purport to represent. Users include Subscribers, Sponsees and Sponsors.
In this Agreement:
Includes: the words “includes”, “include”, “including”, “for example” or “such as” will be read to mean “includes, but is not limited to”.
Contra proferentem excluded: a provision must not be construed against a party merely because that party was responsible for preparing this Agreement or that provision.
© 2017 Sponshorshops Pty Ltd (ABN 620 214 253). All rights reserved.