Introduction
Catholic Schools NSW Sport ("CSNSW Sport", "we", or "us”) is tasked with facilitating sporting activities and competitions for students of Catholic Schools in NSW.
CSNSW Sport utilises a portal which is facilitated by Elcom technology. The purpose of the portal is to facilitate the conduct of the CSNSW Sport program.
The terms of this user agreement ("Terms") define the terms and conditions under which you are allowed to access the CSNSW Sport Portal (“the Portal”). If you have any questions about our Terms, feel free to contact us at csnsw@csnsw.catholic.edu.au
Please read these Terms carefully. By accessing the “Portal” and by acknowledging your agreement of the Terms at the end of this document, you are consenting to be bound by these Terms. This is a legal agreement ("Agreement").
1. Eligibility
In order to use the Portal in in your nominated capacity, CSNSW must approve your access to the Portal in that capacity.
By using the Portal you represent and warrant that you will not use the Portal in a way that violates any laws or regulations. We may refuse access to the Portal or change eligibility requirements at any time without notice.
2. Termination/Suspension of Account
CSNSW Sport may terminate this Agreement at any time and for any reason once it has notified you. We may also suspend your access to the Portal at any time, with or without cause.
3. Account and Password
You are responsible for keeping your account user name and password confidential. You are also responsible for any account that you have access to, whether or not you authorised the use. You must immediately notify us of any unauthorised use or suspected breach of your account. We are not responsible for any losses which may arise due to stolen or hacked passwords. Only you have the authority to reset your password.
4. Intellectual Property Owned by Us
You must respect our intellectual property in the Portal and the software used to provide the Portal. Intellectual Property Rights means all present and future rights, title and interest conferred by statute, common law or equity in or in relation to copyright, trademarks, service marks, designs, inventions (including patents), software coding, business and domain names, whether or not now existing and whether or not registered or registerable. You acknowledge and agree that the provision and your use of the Portal does not constitute a transfer of any Intellectual Property Rights.
You must obtain express written permission from us if you wish to reproduce any aspect of the Portal or other intellectual property owned by us.
5. Intellectual Property Rights Owned by You
You represent and warrant that you either own or have permission to use all of the material in your account. You retain ownership of the materials you upload to the Portal. We may use or disclose your materials only as we describe in these Terms and any related policy. By acknowledging that you agree to be bound by this Agreement, 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, reproducing changing and communicating the content to the public).
For the avoidance of doubt, all data added by you onto the Portal including member data, financial information, and all other data, belongs to you.
CSNSW Sport is not responsible for providing you with any data exports.
6. Privacy Policy
We may use and disclose your information according to our Privacy Policy and Information Collection Notice , which form part of these Terms.
7. Right to Review Your Use of the Portal
We may view, copy, and internally distribute content from your account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find users who violate these Terms or any laws, and to improve the Portal.
8. General Rules
You agree to abide by the following rules:
1. you will not upload anything which is illegal, infringes on a third party’s intellectual property rights, or content which may bring CSNSW Sport into disrepute;
2. you will not attempt to reverse engineer, hack into or compromise any aspect of the Portal, or attempt to access data or account information of any other user of the Portal;
3. you will not use the Portal, or the data contained herein in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity; and
4. you will provide any documents and information and take any reasonable actions necessary to meet your obligations under these Terms.
If you violate any of these rules, then we may suspend or terminate your account and your ability to access the Portal may be restricted or cancelled.
9. Reporting Abuse
If you think anyone is violating any of these Terms, you are encouraged to notify us immediately. If you think any user has posted material that violates any intellectual property rights or laws, then you may notify us by contacting us at csnsw@csnsw.catholic.edu.au. We take no responsibility for actions of other users who use the Portal.
10. Bandwidth Abuse/Throttling
You may only use our bandwidth for the purposes of your account. You may not host data on our servers for anything other than supported by a feature within the Portal. We may throttle your sending or connection at our discretion if we suspect your account is not being used appropriately.
11. Compliance with Laws
You represent and warrant that your use of the Portal will comply with all applicable laws and regulations. You are responsible for ensuring where you disclose Personal Information by your use of the Portal you comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (collectively Privacy Laws). For the purpose of this clause 11 Personal Information has the same meaning as under the Privacy Laws.
CSNSW Sport will not be liable for any use by you of the Portal that breaches the Privacy Laws and you indemnify us against any claim made as a result.
12. Service Upgrades and Failures
In the interests of our users, we regularly perform upgrades and service of the technology which backs up the Portal. Occasionally, this may impact the Portal for brief periods in which upgrades are being implemented. While we shall do our best to perform these at times that will not impact users, sometimes this is unavoidable.
In accepting these Terms, you acknowledge and agree that we will not be responsible for downtime caused by upgrades and service of the technology.
We do not guarantee and have no liability for, any downtime of the Portal, including, without limitation, any downtime:
(a) caused by failures of or previously scheduled maintenance to equipment or servers, or problems introduced by maintenance;
(b) caused by outages to any public Internet backbones, networks or servers;
(c) caused by any failures of your equipment, systems or local access services; or
(d) relating to events beyond CSNSW’s control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labour conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where the Portal or your servers are located or co-located.
13. Data Security, Integrity and Loss
In using the Portal, you acknowledge that:
1. We will implement reasonable efforts to establish and maintain security safeguards;
2. You will follow reasonable security practices to ensure the safety of your account information;
3. Sport shall aim to conduct regular backups of our data;
4. we will not be responsible if your data is deleted by you or a user authorised by you, either accidentally or intentionally. We may be able to restore a backup, which may incur a cost to be paid by you. We take no responsibility if the data is outside our backup schedule;
5. we are not responsible if your data is lost by way of something out of our control, or by a failure of the system. We will take all reasonable steps to restore the data but will not be held liable; and
6. if you are disclosing Sensitive Information as defined under Privacy Laws, you will take all reasonable steps to safeguard this information. We take no responsibility if you store Sensitive Information and this information is accessed by unauthorised users by your negligence, misunderstanding of the system, or by a system failure or bug.
14. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Portal. CSNSW Sport will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages
15. No Warranties
To the maximum extent permitted by law, we provide the material on the Portal as is. That means we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. You acknowledge that we do not make any representations or warranties:
1. that your access to the Portal will be timely, secure, uninterrupted and/or error-free;
2. that any defects on the Portal will be corrected;
3. that any information disclosed on the Portal will be accurate, up to date, complete or useful; or
4. that the Portal or the server which stores and transmits the Website to you are free from viruses or any other harmful components.
16. Indemnity
You agree to indemnify CSNSW Sport from any losses (including legal fees) that result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify us from any losses (including legal fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
17. Disclaimers
The Portal may contain links to other websites and contains content added by us or by third parties unrelated to us. We do not endorse, sponsor or approve any such content available on any linked website. We are not responsible for the behaviour of any advertisers, linked websites, or other users.
18. Excuse
CSNSW Sport shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.
We will not be held liable for any delays or failure on the Portal, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service or upstream providers.
19. Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
20. Choice of Law
The laws of the State of New South Wales, Australia, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in New South Wales, Australia, and each party will be subject to the jurisdiction of those courts.
21. Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Intellectual Property Rights Owned by Us, Intellectual Property Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Survivability, Severability, and Entire Agreement.
22. Severability
If it turns out that a section of this Agreement isn't enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
23. Amendments and Waiver
Amendments or changes to these Terms will not be effective until we post revised Terms on the Website and you have agreed to them. The additional/amended Terms will be considered incorporated into these Terms upon your agreement to them.
24. No Changes in Terms at Request of Client
There will be no changes to these Terms made for a particular user of the Portal.
25. Notification of Data Breach
In the event of a data breach involving your Personal Information and the Personal Information of others provided by you, we may be required to notify you of the breach and provide a description of what happened. If we determine that it is necessary for you to forward all or part of any information that you incorrectly received or are required to delete such information, that may have been provided inadvertently as a result of a data breach, or require you to take any other remedial action reasonable in the circumstances you will promptly comply with such a request.
In certain circumstances it may be necessary for us to notify the Office of the Information Commissioner (OAIC) and affected individuals of a data breach in accordance with the Privacy Act 1988 (Cth).
26. Notices
Any notice to you will be effective when we add it into your account notification area or send it to the last email or physical address you provided to us.
Any notice to us will be effective when delivered to us: Attn. Catholic Schools PO BOX 20768, World Square, 2002.
27. Entire Agreement
These Terms, our Privacy Policy, Acceptable Use Policy (all of which are incorporated into these Terms by reference), and any Additional Terms you've agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.