www.sportcheck.co.nz - Terms and Conditions
Acceptance Of Terms And Conditions
1. These terms and conditions are the terms on which SPORTCHECK (a division of LM3 Limited) offers you access to the services offered by SPORTCHECK, from time to time, on this Web Site (Services).
2. By registering as a member of SPORTCHECK, or by using the Services, you accept these terms and conditions as amended from time to time under paragraph 40. If you do not accept these terms and conditions, you must refrain from using the Services.
3. SPORTCHECK provides a contact point for sports clubs, coaches, managers, players, parents of players, and supporters to exchange information about sports fixtures.
4. SPORTCHECK does not take any part in arranging sports fixtures. SPORTCHECK provides this web site (Web Site) as a contact point for registered members of SPORTCHECK (Members) and users of the Web Site (Users) to exchange information.
5. You must act in good faith in relation to all information you post on the Web Site and all your communications with other Members and Users. You must ensure that all information you post and communications you make are, to the best of your knowledge, accurate.
6. Where you post information about another person on the Web Site, including another person's mobile phone number(s), you warrant that you are authorised by that person to post that information.
7. Without limiting paragraph 5 or 6, information you post on the Web Site and your communications with other Members or Users must not contain offensive, defamatory or inappropriate language. SPORTCHECK reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
8. You must not attempt to damage, interfere or harm the Web Site or Services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the Web Site or information feature on it for any purpose.
9. You must not use the Services or the Web Site to promote products or services or for any purpose other than those purposes for which the Services are offered by SPORTCHECK.
Becoming A Member
10. Becoming a Member is free. You may only register yourself or an organisation as a Member if you are resident in New Zealand and are the holder of a current mobile phone account and can form a legally binding contract that is enforceable against you.
11. If you register an organisation as a Member, you will be recorded by SPORTCHECK as the representative of that organisation (Representative). You warrant that you are authorised to represent that organisation.
12. You warrant that you have provided complete, accurate and current information about yourself when registering as a Member or, if you register an organisation as a Member, about yourself and the organisation.
13. You must maintain and update information held by SPORTCHECK relating to you, or relating to an organisation for which you are Representative, to ensure it is kept current at all times. SPORTCHECK may telephone or mail you to verify this information.
Termination Of Membership
14. SPORTCHECK reserves the right to decline to register or to terminate or suspend a membership without entering into further discussions with you.
15. Without limiting paragraph 14, SPORTCHECK may terminate or suspend a membership, if: (a) A serious complaint or multiple complaints are received about you, or about the organisation for which you are Representative; (b) You breach these terms and conditions; (c) You impersonate another Member or User; or (d) SPORTCHECK in its sole discretion considers a suspension or termination to be appropriate.
16. SPORTCHECK reserves the right to charge fees and change the fees charged for any of the Services at any time.
17. A schedule of current fees is posted on the Web Site at Mobile phone charges.
18. By using the Web Site or the Services you agree to SPORTCHECK's fees.
$5 for 20 text message option
19. In an effort to get the text cost down from 50c you now have the option of a one off $5 for 20 text messages. This will bring the text cost down to 25c. To accept this option you have to reply to a text message we send you with the word "five". The web site pop up message, and the message you receive are very explicit in making sure there is no misunderstanding about this option. Once you have accepted the $5 for 20 option we will send you a text message confirming this. After the 19th message you will receive a message to let you know that your 20 messages have expired and you will have to text back the word "five" to reconfirm you do want another 20 text messages. It is important to note that the $5 for 20 option will not automatically be renewed you will have to reply "five" to the text message we send you to have it renewed. The $5 for 20 option is valid for 1 year from the date and time we receive your text confirmation and it is specific to the club or school you are registering to.
20. SPORTCHECK takes you're your personal privacy very seriously.
21. SPORTCHECK does not sell or rent your personal information to third parties. Personal information is released only where SPORTCHECK believes release is appropriate to comply with law; enforce or apply these terms and conditions; or protect the rights of other members or users.
22. SPORTCHECK collects personal information about you through your use of the Services and the Web Site, including: (a) Your Member details; and (b) Information relating to your use of the Web Site and the content you post on and access from the Web Site.
23. You authorise SPORTCHECK to make your personal information available to other Members and Users.
24. You agree that SPORTCHECK may use the personal information referred to in paragraph 21 to assist it to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other products and services to you, and for any other use that you authorise.
25. Subject to paragraph 23, SPORTCHECK will not sell or allow people who are not Members or Users to access your personal information without your consent, however you agree that SPORTCHECK may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of these terms and conditions at any time.
Security Of Your Login Information
26. You are responsible for keeping your login information, including your email address and password, secret and secure.
27. Without limiting paragraph 25, you agree not to permit any other person to use: (a) Your log-in information, or the log-in information of an organisation for which you are Representative, or (b) Any other information that may allow another person to gain access to your membership.
28. SPORTCHECK asserts copyright and all other intellectual property rights arising anywhere in the world in the Web Site, unless otherwise stated.
29. SPORTCHECK reserves copyright and all other intellectual property rights arising anywhere in the world in all its documents and images appearing on or linked to the Web Site. Users of SPORTCHECK may download a single copy of these documents and images for their personal use only.
30. Any information appearing on or linked to by this Web Site in which SPORTCHECK has reserved copyright may not be reproduced in any form, adapted or transmitted in any form by any process, including electronic form, without SPORTCHECK's express permission.
31. You expressly understand and agree that your use of the Services is at your sole risk.
32. The Web Site and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law SPORTCHECK disclaims and excludes all implied conditions or warranties.
33. SPORTCHECK does not warrant that: (a) The Services will be uninterrupted, timely, secure, or error free; or (b) That any information (including feedback) provided on the Web Site is error-free or reliable.
34. You agree that SPORTCHECK takes no responsibility or liability for any misconduct of any of its Members or Users. SPORTCHECK gives no undertakings, representations, or warranties in relation to information provided on the Web Site, including information relating to:(a) The accuracy of any Member or User contact details, including phone numbers and email addresses; (b) The accuracy or truth of any information posted on the Web Site by any Member or User; or (c) The quality or legality of any information posted on the Web Site by any Member or User.
35. No advice or information that is obtained by you from SPORTCHECK or anyone else shall create any warranty by SPORTCHECK that is not expressly stated in these terms and conditions.
36. Responsibility for the content of advertisements appearing on the Web Site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Web Site does not constitute SPORTCHECK's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
37. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of SPORTCHECK to you or any other person under or in connection with these terms and conditions, or in connection with the Services, the Web Site, another Member's acts or omissions, or your use of or inability to use, the Services or the Web Site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
38. SPORTCHECK's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
39. You agree to release, indemnify and keep indemnified SPORTCHECK from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by SPORTCHECK to any person arising out of or in connection with your failure to comply with these terms and conditions, or through your use of the Services.
40. Without limiting any other rights and remedies available to SPORTCHECK, SPORTCHECK may limit your activities on the Web Site, remove any information you have posted on the Web Site, warn other Members and Users of your activities on the Web Site, issue a warning to you, suspend or terminate your membership, or refuse to provide the Services to you if you breach these terms and conditions or where SPORTCHECK considers it appropriate.
Amendment Of Terms And Conditions
41. These terms and conditions may be amended in whole or in part by SPORTCHECK from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on the Web Site.
42. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services confirms your agreement to be bound by the terms and conditions as amended.