Sportsfinda Marketplace provides an online platform that allows users to list, sell and purchase sporting products. Listers are also able to promote their products through curated advertising campaigns.
These Terms of Service refer to the Sportsfinda Marketplace website, ‘https://sportsfinda.com.au/’ (the “Site”) and associated mobile applications (collectively, the “Service”).
You should read these Terms of Service carefully. In these Terms of Service (the “Terms”) the words, “Sportsfinda Marketplace”, “Company”, “we”, “our” and “us” refer to AE Global Investments Pty Ltd (ACN 614 967 547) trading as Sportsfinda Marketplace, and includes its directors, employees and agents; and “you” or “your” means the person who accepts these Terms of Service, by using the Service and associated software, networks and processes, including the purchase of any goods or services through the Marketplace.
These Terms of Service apply to you, the Service user and your usage of the Service and any associated software, networks and processes, including any purchases from the Marketplace.
By browsing the Site, or utilising services offered in the Marketplace, you agree to these Terms of Service.
1.1 In these Terms of Service, these expressions shall have the following meanings, unless otherwise stated:
“Agreement” or “Terms of Service” means these Terms of Service, including all the terms of any Order placed by you, the User, through the Site (if applicable).
“Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, algorithms, images (including still images, and audio and audio-visual media).
“Marketplace” means the online portal where goods and services can be bought or sold, located at https://sportsfinda.com.au.
“Material” means any information (including but not limited to data or source codes) or images in any form (whether visible or not) stored on or in use with the Service.
“Registration Data” means information provided by you to us in order to register to access certain sections of this Website, including but not limited to name, date of birth, gender contact details.
“Service” refers to the online Marketplace and any associated services we provide pursuant to this Agreement;
“Service Fee” refers to a percentage of the total purchase price that is payable, as a fee, by the User to Sportsfinda Marketplace. This covers costs reasonably incurred by Sportsfinda Marketplace in providing the Service.
“Site” means the Internet Website located at the URL: https://sportsfinda.com.au. This domain is owned and operated by Sportsfinda Marketplace.
“User” refers to any person using the Service, whether they are a Purchaser (a person using the Service to purchase goods or services) or a Lister (a person who lists goods or services for sale on the Marketplace).
1.2 Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
- Service Use
2.1 You must ensure that your access to, or use of the Service is not illegal or prohibited by laws that apply to you.
2.2 You must take your own precautions to ensure that your process for accessing the Service does not expose you to risk of viruses, malicious computer code or other forms of interference, which may damage your computer system. Sportsfinda Marketplace takes no responsibility for any such damage, which may arise in connection with your use of the Service.
2.3 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
2.4 You must keep your password secure, as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
2.5 Sportsfinda Marketplace may stop (temporarily or permanently) providing access to the Service to you, or to guests or members generally, at our discretion and without prior notice to you.
2.6 We may, in our sole discretion, terminate your account or restrict your access to the Service. If we do this, you may be prevented from accessing all or parts of the Service, your account details or other content contained in your account. We will not be liable to you or any third party for doing so. We may impose limits or restrictions on the use you may make of the Service. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, we may withdraw the Service, or change or remove Service functionality at any time without notice to you.
2.7 The Service may contain links to other websites. Those links are provided for convenience only and may not remain current, nor will they be subject to regular maintenance. Sportsfinda Marketplace will not be responsible for the content or privacy practices associated with linked websites.
2.8 You agree that you will not engage in any activity that interferes with or disrupts the Service or the servers and networks that host the Service. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Service or the content.
3.1 To access certain parts of this Service, you must register as a member by providing us with certain Registration Data as requested. You may not use one email address to register for multiple accounts.
3.2 If you are under the age of 18 years, you may not create an account or register as a member. If you are 16 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms.
3.3 We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.
3.4 If you are a parent or guardian permitting a person under the age of 18 (a “Minor”) to create an account, you agree to:
- exercise supervision over the Minor’s use of our Service and their personal account;
- assume all risks associated with the Minor’s use of our Service and their account, including the transmission of content or information to and from third parties via the Internet;
- ensure that the content and information that the Minor may encounter on our Service are suitable for the Minor;
- assume liabilities resulting from the Minor’s use of our Service and their account;
- ensure the accuracy and truthfulness of all information submitted by the Minor; and
- provide the consents contained in these Terms on behalf of the Minor.
3.5 In the event that you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.
3.6 If you do provide us with Registration Data:
- you may receive emails from us confirming the details of your registration and any purchases from the Service made by you, and providing you with necessary information relating to your access and use of the Service and any purchases from the Service made by you;
- from time to time we may email you with messages about our Service or third party products and services we believe may be of interest to you, such as new products, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information we have about you and may use that information to improve your site experience and/or provide customized email communications to you;
- Legal Capacity
4.1 Subject to the terms of this Agreement, you must be 18 or over to register as a User of the Service.
4.2 Any purchase made by you using this Service is an acknowledgement by you that you meet the specified age requirement, you accept these Terms of Service and agree that you have entered into a legal contract with Sportsfinda Marketplace in relation to these Terms of Service.
4.3 Sportsfinda Marketplace reserves the right to take legal action and seek compensation for any loss or damage it may suffer as a result of a transaction entered into by a Minor, from the parent or guardian of the Minor in question.
5.1 All prices listed on the Service are in Australian Dollars unless otherwise specified. Prices might otherwise be listed in British Pounds, Euros, US Dollars or any other nominated currency, as deemed necessary by Sportsfinda Marketplace from time to time.
5.2 All prices listed on the Service include GST unless otherwise specified.
5.3 All prices displayed on the Service are subject to change without notice. Prices for a product or service are fixed once your Order has been confirmed. Subsequent price changes, whether denoting an increase or a decrease, will not be retroactively applied to confirmed Orders.
5.4 Promotional discount codes may be given at the sole discretion of [insert] on Terms of Service notified at the time of the relevant offer.
5.5 If a discount code is entered at the checkout, it has the effect of applying a discount equally across the entire Engagement, including associated Service Fee.
5.6 Sportsfinda Marketplace reserves the right to refuse a User from completing a transaction in the Marketplace.
6.1 You may request to Purchase goods or services on the Marketplace by registering with Sportsfinda Marketplace and providing us with your payment details.
6.2 Listings for goods or services on the Marketplace do not constitute an offer to purchase the goods or services, but rather, an invitation to request to purchase the goods or services. By requesting to purchase the goods or services, you make an offer to conduct purchases based on these Terms of Service that the Lister may then accept.
6.3 Sportsfinda Marketplace is an online business and will primarily communicate with Users via email. It is the User’s responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence.
6.4 Each individual transaction (once confirmed) represents a separate agreement.
6.5 Sportsfinda Marketplace, at its sole discretion, reserves the right to not accept any Purchases.
6.6 In the event of a cancelled Purchase, funds paid in relation to that Purchase will be refunded as soon as is reasonably practicable. You will be provided with email acknowledgement of the cancellation and refund.
7.1 The processing of payments for goods or services can only proceed once a User has entered payment details. Sportsfinda Marketplace will only process payments once a payment method, such as a credit card, has been verified.
7.2 Payment for goods or services will be processed immediately upon completion of a Purchase. Payment processing services on Sportsfinda Marketplace are provided by Paypal.
7.3 You acknowledge that Sportsfinda Marketplace may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
7.4 If your nominated payment method triggers Sportsfinda Marketplace’s internal suspect transaction protocols, Sportsfinda Marketplace may contact you to confirm additional details, or rescind the transaction. In this case, until your request to Purchase has passed our security protocols, it will not be fulfilled. If you do not provide the requested information within seven (7) days, your request to Purchase will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
- Non-refundable processing fees and handling costs
You acknowledge and agree that any Service Fees paid by you for goods or services purchased through Sportsfinda Marketplace are non-refundable and under no circumstances will Sportsfinda Marketplace refund (or be required to refund), these fees.
- Dispute Resolution
9.1 You acknowledge that if you have a complaint about the performance of the Agreement or the services provided hereunder, you will contact us at https://sportsfinda.com.au/.
9.2 If the complaint is with regard to another User’s poor conduct, we will resolve the issue at our discretion, including by removing the other User from the Site.
9.3 If the complaint is with regard to our own performance of the Agreement, such as regarding a technical issue caused by us on the Site, we will use best endeavours to resolve the issue with you, which may include, at our sole discretion, issuing a refund for the relevant transaction.
9.4 Nothing in these Terms of Service excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
9.5 If, following a purchase, you feel the goods or services:
- were not of acceptable quality;
- were not fit for its purpose; or
- did not match its descriptions,
You may have rights under the Australian Consumer Law to have the goods or services replaced or have the price you paid for the goods or services refunded.
9.6 Refunds sought under the Australian Consumer Law may take up to 10 business days to be processed.
9.7 Other than for reasons described in this clause, all payments are final and no exchange or refund will be given.
- Intellectual Property
10.1 You acknowledge that all Intellectual Property in any Material on the Service is the property of Sportsfinda Marketplace, or a third party and remains the property of its respective owners. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material. Australian and international laws protect these intellectual property rights and nothing in this Agreement gives you a right to use any of them.
10.2 You may view the Service and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Service or commercialise any information obtained from any part of the Service without the prior written consent of Sportsfinda Marketplace or, in the case of third party Material, from the owner of the copyright in that Material.
10.3 You may not modify or copy the layout or appearance of the Service nor any computer software or code contained in the Service, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Service.
- Linking to the Site
11.1 You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.2 You must not establish a link from any website that is not owned by you.
11.3 This Site must not be framed on any other Website. We reserve the right to withdraw linking permission without notice.
12.1 To the fullest extent permitted by law, you waive, release, discharge and relinquish any and all claims that you have now or may have against Sportsfinda Marketplace which are connected with, arise out of, relate to or are incidental to the use of the Service.
12.2 You agree to indemnify and to keep indemnified Sportsfinda Marketplace and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Sportsfinda Marketplace arising out of or in connection with your use of the Service, any breach by you of this Agreement or the use of Sportsfinda Marketplace outside these specifications or other warnings or instructions (including labels) on the Service or otherwise notified to you from time to time.
13.1 You acknowledge that once Sportsfinda Marketplace has processed the order and relayed it to the Lister, Sportsfinda Marketplace has fulfilled its obligations to process your purchase. Any disputes regarding refunds, the products, services, content, actions, failure to act by any Lister or third party in connection with the Sportsfinda Marketplace website, other than a breach of this Agreement, are to the extent permitted by law, between you and the Lister.
13.2 To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Sportsfinda Marketplace (in negligence or otherwise) is limited (at the option of Sportsfinda Marketplace) to these Terms of Service. You agree that Sportsfinda Marketplace shall not be held liable for any indirect or consequential loss.
14.1 We gather personal information about our customers for the purposes of marketing, supplying or delivering our Service to you and expanding our business.
14.2 Sportsfinda Marketplace is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.
14.3 Further details about our practices relating to the collection, use, disclosure and storage of your personal information are available here: [https://sportsfinda.com.au/privacy-policy/]
15.1 Sportsfinda Marketplace reserves the right to make changes to these Terms of Service without notice.
15.2 Any provision of this Agreement that is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
15.3 A failure or delay by Sportsfinda Marketplace to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Sportsfinda Marketplace does not preclude its future ability to exercise that or any other power or right.
15.4 This Agreement is governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.
Sportsfinda Marketplace provides an online platform that allows users to list, sell and purchase sporting products. Listers are also able to promote their products through curated advertising campaigns.
You should read the terms and conditions of this agreement carefully.
This Agreement provides the Lister with the terms and conditions under which “Sportsfinda Marketplace” will list items for sale via its online Marketplace platform (Marketplace Agreement).
In these terms and conditions the words, “Sportsfinda Marketplace”, “Company”, “we”, “our” and “us” refer to AE Global Investments Pty Ltd (ACN 614 967 547) trading as Sportsfinda Marketplace, and includes its directors, employees and agents; and “the Lister”, “you” or “your” means the person, company, association or organisation who accepts these terms and conditions.
By accepting the terms and conditions, the Lister agrees to its obligations under this Agreement and Sportsfinda Marketplace agrees to provide the Lister with the Services.
1.1 In this Agreement these expressions shall have the following meanings, unless otherwise stated:
‘Agreement’ means these terms and conditions as may be amended by us from time to time;
‘Charges’ means the charges set out in Clause 3, calculated at the rates set out in that clause or as published by us from time to time;
‘Commencement Date’ means the date [insert] receives a [subscription fee/application for registration/listing] from the Lister;
‘Intellectual Property Rights’ means all present and future intellectual and industrial property rights of whatever nature (whether or not registered or registrable) including but not limited to all technical information, know-how, copyright, trademarks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights, whether created, written developed or brought to existence by us or you in the provision of the Services.
‘Location(s)’ means Sportsfinda Marketplace’s online platform;
‘Services’ means any services we provide pursuant to this Agreement, as set out in Clause 3;
‘Term’ means the Term from the Commencement Date until its expiration;
‘User’ means a person using the Website; and
‘Website’ and ‘Site’ mean https://sportsfinda.com.au/.
1.2 If you are contracting with us for the supply of Services directly to a third party then you shall:
(a) procure that such third party shall comply with these Terms; and
(b) indemnify us for any claim, loss, damage or expense incurred by us as a result of any breach of these Terms by such third party.
1.3 On receipt of this Agreement you will tick a box when registering to use the service to signify your agreement as to Services to be provided and the Charges which shall be payable. You acknowledge and agree that no Services will be provided until your Agreement has been unequivocally provided.
2. Overview of Services
2.1 Sportsfinda Marketplace will provide an online platform through which the Lister’s products are presented to Users. As a Lister, you will have the ability to:
(a) Create and maintain a profile;
(b) List goods for sale; and
(c) Advertise to Users.
2.2 Sportsfinda Marketplace offers access to the Service on an ongoing basis once a Lister has registered. There are no subscription fees associated with the Service.
2.3 All information that we provide is supplied in good faith, but we do not guarantee the accuracy or completeness of any information provided by any third party or us. It is not within the scope of our obligations to make enquiries as to the accuracy or completeness of information that we receive from you or any third parties.
2.4 We shall not be obliged to provide any Services that are not described in this Agreement.
2.5 We shall only be obliged to provide the Services through the Site and mobile responsive sites, unless otherwise agreed in writing.
2.6 We shall use our reasonable endeavours to provide the Services.
2.7 We shall use our reasonable endeavours to ensure the Services are provided in a prompt and timely manner.
2.7 We will perform the Services in return for payment of the Charges.
3. How much do we charge for the Services? And how do you, as a Lister, get paid?
3.1 The Sportsfinda Marketplace will receive a 9.5% commission on any sales made through the Service. This charge is due and payable upon the completion of a sale.
3.2 All listings on the marketplace are absolutely FREE.
3.3 Sportsfinda Marketplace uses PayPal to process all transactions between Lister and User. PayPal is also used to process the payment of charges between Lister and Sportsfinda Marketplace, as outlined in clauses 3.1 and 3.2.
3.3 The Charges payable by you pursuant to this Agreement are exclusive of GST at the prevailing rate.
3.4 You shall indemnify us for any loss, liability or cost that we directly or indirectly suffer in relation to any tax other than tax levied under the law of Australia unless that loss, liability or cost is compensated by an increased payment under this Clause.
4. What are your obligations?
4.1 You shall uphold your obligations under this Agreement.
4.2 Your obligations include:
(a) Creation and Maintenance of Profile
The Lister bears the responsibility for creating a profile on Sportsfinda Marketplace’s Platform with a high-resolution portrait style photo and a brief profile summary. Sportsfinda Marketplace reserves the right to make minor adjustments to a Lister’s profile without consent.
The Lister must provide an up date pricing model for any goods or services listed for sale in the Marketplace. Note that this pricing model will be subject to the commission fees and charges outlined in Clause 3.
(c) Defamatory Content
The Lister must not upload any content to Sportsfinda Marketplace that promotes intolerance, racism, illegal behaviour or contains defamatory content.
(d) Interactions With Users
Interactions with Users should be carried out in a manner that celebrates diversity and supports equal rights. No Lister should advocate, support or practice discrimination based on race, religion, age, national origin, language, gender, sexual orientation, or mental or physical handicap. Any complaints of abuse or derogatory behaviour on the part of the Lister will see them removed from Sportsfinda Marketplace. This is a condition of the Agreement and any breach will see the Lister removed from Marketplace.
Listers should be available to provide the Services to Users of the Marketplace as and when they arise. Listers are expected to respond to User’s requests within a 24-hour period.
(f) Search Engine Terms
Listers are encouraged to include a wide range of relevant search terms when Listing an item for sale on the Sportsfinda Marketplace. This is to increase the likelihood that a Listing will be found by online search engines.
4.3 You acknowledge and agree that for us to be able to provide the Services without interruption, at your cost you will:
(a) co-operate with and assist us in the performance of the Services;
(b) promptly provide us with full and accurate information, data and explanations as and when required; and
(c) inform us of any abusive behaviour by any Users of the platform.
4.4 You shall procure all necessary rights from third parties, which are from time to time required in order for us to be able to provide the Services.
4.5 If we are delayed or obliged to spend additional time or incur additional expenses in the performance of any of our obligations under this Agreement, by reason of your acts, omissions, failure to provide information, instructions or perform your obligations under this Agreement, then you shall pay us any additional reasonable costs and expenses incurred by or on our behalf. In this situation any agreed target time specified for the performance by us of any of our obligations shall be extended accordingly.
4.6 It is your obligation to ensure that any written notification we send to you confirming the terms of this Agreement correctly states the information set out in it and if that information changes during the period of this Agreement, you may write to us to request a change to it.
5.1 We will use reasonable care and skill in performing the Services.
5.2 We will investigate any problem or error in any Services, provided that you notify us in writing within seven (7) days following delivery of the Services, giving us all necessary information to be able to investigate the problem, breach or error and limit our liability to the right to re-perform the Service.
5.3 You agree to use your reasonable endeavours to ensure that the information you supply is complete and accurate and notify us in writing if there is any change to the information supplied.
5.4 Except as provided in this Agreement no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with this Agreement is given by us, other than as required at law.
5.5 Except as set out in this Clause, we give no further warranties. All implied warranties are hereby excluded.
6. Liability and Exclusions
6.1 Nothing in this Agreement shall in any way exclude or limit either party’s liability to the other for death or personal injury caused by negligence, or liability for fraudulent misrepresentation or for any other liability which by law it is not possible to exclude or limit.
6.2 Our total liability for direct losses or damage in contract, tort, misrepresentation or otherwise arising out of or in connection with this Agreement, or the performance of our obligations under this Agreement or the provision of the Services, shall be limited to the total Charges paid (excluding GST and expenses) by you to us for the Services (as applicable) in the twelve (12) months immediately prior to the event(s) complained of.
6.3 In no event shall either party be liable to the other for loss of profits, goodwill, business or anticipated savings or for any indirect or consequential loss or damage of whatsoever nature, however caused.
6.4 The parties acknowledge that the limitations of liability contained in this Clause are a fair and reasonable allocation of the commercial risk between the parties. The provisions of this Clause 6 will continue to apply after termination or expiry of this Agreement.
7.1 Both parties agree not to use or disclose confidential information relating to or owned by the other, received or disclosed to it by the other party during the term of this Agreement, save for use or disclosure required in order to perform their respective obligations under this Agreement. Disclosure shall be limited to such of the receiving party’s employees, officers, agents or contractors directly involved in performing the receiving party’s obligations.
7.2 The parties agree that information is not to be regarded as confidential and that the receiving party will have no obligation regarding confidentiality where that information is already in the public domain or enters the public domain through no fault of the receiving party, or is received from a third party without any obligations of confidentiality, or is used or disclosed with the prior written consent of the owner of that information, or is disclosed in compliance with a legal requirement, or is independently developed by the receiving party.
7.3 Any confidential information will be returned or destroyed by the receiving party at the prior written request of the owner.
7.4 We will be allowed to refer to you in any publicity after performance of the Services and with your permission, during the Services.
7.5 In the event that the parties execute a separate confidentiality agreement, the terms of that agreement shall prevail.
8. Term and Termination
8.1 The Services will commence on the Commencement Date and will continue in force for the term specified in this Agreement subject to any extension or any earlier termination.
8.2 We may terminate this Agreement (or at our discretion, the supply to you of the Services) at our sole discretion if:
(a) You have provided false or misleading information on the Website; or
(b) If you are offensive or abusive to a User.
(c) [if lister is selling fake goods and breach product copy rights].
Also the sale of poor quality goods
8.3 Either party may terminate this Agreement immediately on notice if:
(a) The other is in breach of this Agreement to a material extent and fails to remedy the breach within fourteen (14) days of being notified of the breach (if it is capable of being remedied); or
(b) The other party is bankrupt, in a voluntary arrangement, in liquidation or receivership or has ceased business or threatened to cease business or is otherwise insolvent.
8.4 On termination of this Agreement for whatever reason, we will be entitled to payment for all Charges properly incurred to the date of termination plus the Charges incurred during the notice period and any Charges specified in this Agreement.
8.5 Either party can terminate this agreement with four weeks’ written notice.
9. Intellectual Property
9.1 You recognise and acknowledge that all Intellectual Property Rights created out of performance of this Agreement immediately and automatically vests with us, and you will take all such steps as practicable to ensure that the Intellectual Property Rights will vest in and remain vested in us.
9.2 We grant you a non-exclusive, non-transferable, revocable, license to use the Intellectual Property Rights owned by us, which have been provided to you to improve the performance of your obligations under this agreement.
9.3 By posting or adding any content to the Service, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
10. Situations or events outside our reasonable control
There are certain situations or events which occur which are not within our reasonable control. Where one of these occurs we will notify you of such and attempt to recommence performing the Services as soon as the situation, which has stopped us performing the Services, has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
11.1 Any notice required to be given pursuant to this Agreement shall, unless otherwise stated in it, be in writing (includes email communications), sent to the other party marked for the attention of the person at the address specified in this Agreement (or to such other address as either party may from time to time notify to the other in writing in accordance with this Clause).
11.2 A correctly addressed notice sent by post shall be deemed to have been delivered 72 hours after posting, correctly addressed emails shall be deemed to have been delivered 24 hours after sending.
12. Dispute Resolution
12.1 If a dispute arises under or in connection with this Agreement, before resorting to external dispute resolution mechanisms (including court proceedings), the parties must attempt to resolve by negotiation any dispute in relation to this Agreement by referring the matter to a mediator for mediation.
12.2 A mediator must be appointed by the parties, or failing agreement within (15) business days of the dispute first arising, appointed by the President for the time being of the Law Institute of Victoria, or his or her nominee, and whose costs must be paid equally by the parties.
12.3 If the dispute is not settled by the parties within (15) business days of a mediator being appointed, the dispute may be submitted to some alternative dispute resolution mechanisms as may be agreed in writing between the parties.
12.4 Notwithstanding the existence of a dispute, each party must continue to perform its obligations under this Agreement.
12.5 This Clause 12 survives the expiry or termination of this Agreement.
13.1 The Lister agrees to waive, release, discharge and relinquish any and all claims that it has now or may have against Sportsfinda Marketplace which are connected with, arise out of, relate to or are incidental to the use of the Service.
13. 2 The Lister agrees and acknowledges that Sportsfinda Marketplace will not be liable or responsible for any loss or damage suffered by any User due to the actions of a Lister and the Lister will indemnify Sportsfinda Marketplace from and against any and all claims by a User in relation to the content created by the Lister or actions of the Lister.
14.1 Variations to this Agreement will only be effective if in writing and signed by authorised representatives of both parties.
14.2 We may assign, sub-contract, or otherwise transfer any or all of our rights and/or obligations under this Agreement. You may only assign, subcontract, or otherwise transfer any or all of your rights and/or obligations with our prior written consent, which can be refused at our absolute discretion.
14.3 If either party chooses to waive or ignore a breach of the Agreement, then this will not prevent that party from taking action in respect of the same type breach at a future date.
14.4 This Agreement will not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in this Agreement. Neither we, nor you, will have, nor represent that it has, any authority to make any commitments of this kind on the other party’s behalf.
14.5 If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and replaced by a valid and enforceable provision which so far as possible achieves the parties’ initial intent. The remaining provisions of this Agreement shall continue in full force and effect.
14.6 This Agreement shall be governed by, and construed in accordance with, the laws in force in Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.
14.7 This Agreement may be executed in any number of counterparts and all counterparts taken together will constitute one instrument.
14.8 This Agreement and any document expressly incorporated in it contains the whole agreement between us and you in respect of the subject matter of this Agreement and supersedes and replaces any prior written or oral agreements, representations or understandings. The parties confirm that they have not relied on any representation that is not expressly incorporated into this Agreement.