Please read these terms and conditions carefully which incorporate and should be read in conjunction with our Privacy Policy which can be accessed at the Privacy Policy page. By accessing a Sports Hydrant website you agree to be bound by these terms and conditions and are entering into an agreement with Sport Hydrant Pty Limited, A.C.N - 133 062 012 (Sports Hydrant). Sports Hydrant reserves the right to vary or amend these terms and conditions at any time without prior notice. It will be your responsibility to review the terms and conditions of use and your continued use of the Sports Hydrant websites and services will be a deemed acceptance of any changes.

Variations to Website and Services

You acknowledge and agree that, Sports Hydrant, as part of its innovation and updating to provide the best possible experience for its users, may change the nature and form of its websites and any services offered from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree Sports Hydrant may stop (permanently or temporarily) providing some or all of its services (or any features within the services) to you or to users generally at its sole discretion, without prior notice to you. You acknowledge and agree that while Sports Hydrant may not currently have set a fixed upper limit on the number of transmissions you may send or receive through any services or on the amount of storage space used for the provision of any service; such fixed upper limits may be set by Sports Hydrant at any time, at its discretion.

Subsidiaries

Sports Hydrant may from time to time have subsidiaries and affiliated legal entities (“Subsidiaries and Affiliates”) who may provide services to you on behalf of Sports Hydrant itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide any such services to you.

Use of the Websites

While Sports Hydrant provides the Sports Hydrant websites, services and the materials and information on them in good faith, any use of our websites and services or reliance upon the material on our websites will be at your own risk and no advice or information, whether oral or written, obtained by you from Sports Hydrant or through or from any website or associated services shall create any warranty not expressly stated in these terms. You agree to use our websites and any services only for purposes that are permitted by (a) these terms and conditions and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Australia or other relevant countries). You agree that you will not engage in any activity that interferes with or disrupts any Sports Hydrant website or services (or the servers and networks which are connected to such websites or services). You must take your own precautions against viruses or any other malfunction when using and accessing Sports Hydrant’s websites and services. You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available”. In particular, Sports Hydrant, its Subsidiaries and Affiliates, and its licensors do not represent or warrant to you that:

Accounts

Some services on the Sports Hydrant websites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You agree not to create more than one account and you agree not to create an account on behalf of an individual other than yourself. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at support@sportshydrant.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Sports Hydrant website. In addition, you agree to exit from your account at the end of each session. We may suspend or terminate your account and your ability to use any Sport Hydrant website or portion thereof for failure to comply with these terms and conditions of use or any special terms and conditions related to a particular service or for any other reason whatsoever which may mean you are prevented from accessing any services, your account details or any files or other content which is contained in your account.

Security of On-line Services

You acknowledge there are some inherent risks associated with the transmission of information via the Internet, and while Sports Hydrant uses 128 bit SSL (Secure Sockets Layer) encryption, the highest level of encryption currently available, which is a widely-used web technology that encrypts and decrypts a message for online transmission, when you are asked to make payments for any services; Sports Hydrant can not guarantee the security of such transmissions and will not be liable to you for any loss or theft of information which you provide to Sports Hydrant or any of its Subsidiaries and Affiliates over the Internet.

Discussion Boards, Forums and Comments

From time to time we may open discussion boards or forums or allow you to comment upon material on our websites. We disclaim all liability, express or implied, arising in connection with messages posted on discussion boards or forums or comments submitted to our websites. We also reserve the right to refuse to post, deliver, remove, modify or otherwise use or take any action with respect to submissions posted, submitted or distributed on any Sports Hydrant website. You are and shall remain solely responsible for the submissions you distribute on or through any Sports Hydrant website under your username or otherwise by you in any discussion board or forum and for the consequences of submitting, posting or distributing same. We have no duty to monitor any discussion board or forum.

Rules of Conduct

By using a Sports Hydrant website, you agree that you will not be involved in any act or omission or post, submit or distribute any submission that: is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; or is bigoted, hateful, or racially or otherwise offensive; or is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity; or is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; or (b) right of privacy or publicity; or (c) any confidentiality obligation; or is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations) without our written consent; or contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sports Hydrant websites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Sports Hydrant websites; or (a) does not generally pertain to the designated topic or theme of the relevant discussion board or forum; or (b) violates any specific restrictions applicable to a discussion board or forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as those terms are commonly understood and used on the Internet; or is otherwise in breach of these terms and conditions of use. We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Accuracy of Material

While we attempt to ensure the accuracy of the material on our websites including pictures, examples, news, statistics data and any other information we offer no warranties or representations as to the information's accuracy or currency. Information that we make available on our websites is subject to change without notice. It is your responsibility to monitor any changes to the material and the information contained on our websites or associated with any services. In some cases the material may incorporate or summarise views, guidelines or recommendations of third parties. Given the interactive nature of the Sports Hydrant websites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by third parties. Such material is assembled in good faith, but does not necessarily reflect the considered views or recommendations of Sports Hydrant, or indicate a commitment to a particular course of action.

Liability

To the extent permitted by law in the relevant jurisdiction Sports Hydrant: is not responsible to you or anyone else for any loss suffered or caused (negligent or otherwise) in connection with your use or association with; and excludes all warranties, conditions and representations about; Sports Hydrant, any of its website or associated services, the availability of any Sports Hydrant website or service for access and use, the products and services advertised, offered to be supplied or supplied via any Sports Hydrant website and the information provided on any Sports Hydrant website. If a term is implied by law into these terms of use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these terms of use. However, our liability for breach of such term will be limited, at our option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of the services again; (ii) the payment of the cost of having the services supplied again.

Links

Links to other websites are inserted for convenience and do not constitute endorsement of material at those websites, or any associated organisation, product or service. You acknowledge that when you click on any of the aforementioned links, the websites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such websites.

Intellectual Property

Unless we indicate otherwise, Sports Hydrant owns or licences the copyright to all material on the Sports Hydrant websites including, but not limited to, images, graphics, source code and discussion board and forum content and you should be aware that content presented to you as part of any website or associated services, including but not limited to advertisements in the services and sponsored content within any services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that content to Sports Hydrant (or by other persons or companies on their behalf). Unless you have been specifically told that you may do so by Sports Hydrant or by the owners of specific content, in a separate agreement, you may not reproduce the material on our websites without our written consent. This means that you may not: reproduce, adapt, store, communicate or distribute, sell, display, print, publish or create derivative works from any of the material on our websites; cause any material on our websites to be displayed on another website or embedded within a frame of another website. If you choose to share content with any person through your use of the Sports Hydrant website or services, you do so at your own risk and warrant that you are authorised to share such content and in so doing are not infringing the intellectual property rights of any third party. If Sports Hydrant is made aware your sharing of any content is a breach of a third party’s intellectual property rights Sports Hydrant may immediately suspend your account and the transmission of such content through any Sports Hydrant website or service without notice to you.

Content Licence from You

You retain copyright and any other rights you already hold in content which you submit, post or display on or through, our websites. By submitting, posting or displaying the content you give Sports Hydrant a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, our websites. This licence is for the sole purpose of enabling Sports Hydrant to display, distribute and promote the websites and associated services. You agree that this licence includes a right for Sports Hydrant to make such content available to other companies, organizations or individuals with whom Sports Hydrant has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services. You understand that Sports Hydrant, in performing the required technical steps to provide the websites and associated services to our users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Sports Hydrant to take these actions and waive any moral rights in relation to such content. You confirm and warrant to Sports Hydrant you have all the rights, power and authority necessary to grant the above licence.

Privacy Policy

In using our websites you may give us Personal Information in which you have certain rights under the Privacy Act 1988. By using our websites you consent to our using your personal information in accordance with our Privacy Policy, which forms a part of these terms and conditions.

Indemnification

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Sports Hydrant websites and/or your account(s). You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Cookies

During the use of our websites, we may issue to and request from your computer data known as “cookies”. Please refer to our Privacy Policy for more information on how “cookies” are used with our websites.

Jurisdiction

Our websites are governed by the laws of New South Wales, Australia without regard to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts located within the State of New South Wales, Australia to resolve any legal matter arising from the these terms. Notwithstanding this, you agree that Sports Hydrant shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

General Legal Terms

Sometimes when you use a Sports Hydrant website or service, you may (as a result of, or through your use of the website or service) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these terms do not affect your legal relationship with these other companies or individuals. These terms constitute the whole legal agreement between you and Sports Hydrant and govern your use of our website and associated services (but excluding any services which Sports Hydrant may provide to you under a separate written agreement), and completely replace any prior agreements between you and Sports Hydrant in relation to our websites and associated services. You agree that if Sports Hydrant does not exercise or enforce any legal right or remedy which is contained in these terms (or which Sports Hydrant has the benefit of under any applicable law), this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to Sports Hydrant. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable. You acknowledge and agree that each member of the group of companies of which Sports Hydrant is the parent shall be third party beneficiaries to the terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to these terms.

Additional Information

For any further information please contact us at support@sportshydrant.com