Last Updated: January 11, 2024
1. Overview and Acceptance of Use
This website is operated by Be You Sports Pty Ltd. Throughout these Terms of Service (“Terms”), the terms “Be You Sports”, “our”, “us”, and/or “we” refer to Be You Sports Pty Ltd, ACN 670 417 795, which is the entity providing the Services in Australia. The terms “you” and/or “your” refer to any visitor of the Site and any user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Be You Sports.
If you are entering into these Terms on behalf of a company or other legal entity, club, association or not for profit organization, you represent and warrant that you have the authority to bind that party to these Terms and, in such event, “you” and “your” will refer and apply to that party.
YOU ACKNOWLEDGE AND AGREE THAT BY CONFIRMING THE TERMS OF SERVICE WHEN REGISTERING, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS AND POLICIES REFERENCED IN THESE TERMS. IF YOU DO NOT AGREE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT.
2. Modification
We reserve the right, at our sole discretion to modify, suspend, discontinue or terminate the Services or any content, feature or material we provide thereon. We also reserve the right to modify these Terms from time to time upon reasonable prior written notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users. You agree that it is your responsibility to monitor changes to our Services. If we modify these Terms, we will provide you with reasonable prior written notice and post the modification on the Site and/or provide you with notice of the modification. By continuing to access or use the Services thereafter, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
3. Key Definitions
- “Content” means text, graphics, images, music, software, audio, video, information or other materials.
- “Be You Sports Content” means Content that Be You Sports makes available through the Services including any Content licensed from a third party.
4. Ownership
You acknowledge and agree that the Services, including all associated intellectual property rights, are the exclusive property of Be You Sports, its licensors and/or other providers of such material. Other than expressly stated herein, there are no implied licenses granted under these Terms. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Additionally, Be You Sports is the owner of pending, registered and/or unregistered trademarks, trade dress and trade name appearing on the Services, including the Be You Sports name and logo, and all related names, logos, product and service names, designs and slogans. You agree to not use such marks without Be You Sports’s prior written permission. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
5. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and agree that if you submit any feedback to us (through any communication channel), you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.
6. Reliance on Information Posted
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and agree that if you submit any feedback to us (through any communication channel), you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.The information presented on or through the Services is made available solely for general information purposes and may not take into account your circumstances. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Services, or by anyone who may be informed of any of its contents.
The Services include content provided by third parties, including materials provided by other users, Members, bloggers and third party licensors. All statements and opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by Be You Sports, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Be You Sports. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
7. Prohibited Uses
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
- Use, embed, display, mirror or frame the Site or Application, or any individual element within the Services, Be You Sports’s name, any Be You Sports trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Be You Sports’s express written consent or as enabled by features made available by Be You Sports (e.g., widgets) (you may link to Be You Sports’s homepage, so long as you do not imply or suggest any form of association, approval or endorsement on our behalf without our express written consent but you may not link to the Site in a libelous, misleading or otherwise unlawful manner, or in any manner that violates these Terms);
- Access, tamper with or use non-public areas of the Site or Application, Be You Sport’s computer systems or the technical delivery systems of Be You Sports’s providers;
- Attempt to probe, scan, or test the vulnerability of any Be You Sports system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Be You Sports or any of be You Sports’s providers or any other third party (including another user) to protect the Services or Collective Content;
- Attempt to access or search the Services or Collective Content or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Be You Sports or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to, through, or with any assistance from, the Services;
- Use any meta tags or other hidden text or metadata utilizing a Be You Sports trademark, logo URL or product name without Be You Sports’s express written consent;
- Use the Services or Collective Content in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services or Collective Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Site, Services or Application without their express permission or in a manner that violates Be You Sports’s Privacy Policy;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other third party to do any of the foregoing.
Be You Sports will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Be You Sports may involve and cooperate with law enforcement authorities in prosecuting users who violate or are suspected of violating these Terms. You acknowledge that Be You Sports has no obligation to monitor your access to or use of the Services or Collective Content, or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, to investigate a complaint or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Be You Sports reserves the right, at any time and without prior notice, to remove or disable access to any Member Content or Collective Content that Be You Sports, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services. Be You Sports reserves the right to cooperate fully with law enforcement, and to involve and share information with law enforcement, governmental agencies or other oversight bodies if Be You Sports suspects illegal activity may be taking place.
8. Indemnity
You agree to defend, indemnify, and hold Be You Sports, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) made by any third party to the extent due to or arising out of your violation of these Terms, and/or any law or the rights of a third party, and/or your use of the Services, including your Member Content.
9. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Australia. The application of the United Nations Convention on Contracts for the International Sale of Goods, private international laws (e.g. conflict of laws principles), where relevant, are expressly excluded. The exclusive jurisdiction and venue of any action or court proceeding permitted under these Terms will be the competent court of New South Wales, Australia and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
10. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Be You Sports’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Be You Sports may assign or transfer these Terms in its sole discretion without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
11. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Be You Sports and you regarding the Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Be You Sports and you regarding the Services and Collective Content.
12. Severability
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid or unenforceable provision.
13. Miscellaneous
The failure by Be You Sports to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Be You Sports. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Throughout these Terms, the word “include” or “including” means “including, but not limited to”. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.
14. Contact Us
If you have any questions or complaints about these Terms or the Services, please contact Be You Sports