You agree that by registering, accessing or using our services and online platforms (described below), you are agreeing to enter into a legally binding contract with Sport Central Holdings (Pty) Ltd registered address: 197 St Georges Terrace, Perth WA 6000 and company registration number 616567616 (“SportCentrAll”) (even if you are using our Services on behalf of a company). If you do not agree to this contract “Terms”), do not access or otherwise use any of our Services. If you wish to terminate these Terms, at any time you can do so by closing your account and no longer accessing or using our Services.
If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Terms before purchasing any products or Platform.
SportCentrAll reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Online Platforms. Each time a user accesses the Online Platforms and/or uses the Platform, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by SportCentrAll from time to time. If your are not satisfied with the amended Terms, you should refrain from using the Online Platforms.
We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.
If there is anything in these Terms that you do not understand then please contact us as soon as possible – see clause 19 below for contact details. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.
These Terms apply to the use of SportCentrAll.com, SportCentrAll-branded apps (“Online Platforms”), communications and other services that state that they are offered under these Terms (“Services”), including the offsite collection of data for those Services. “Registered Users” of our Services have Accounts and unregistered users are “Guests” (See clause 3).
These Terms apply to Guests and Registered Users.
Access to the Services and Online Platforms
To obtain access to the Services, you will either:
- enter or browse as a Guest, which will limit your access to some functionality of the Services; or
- be required login as a Registered User and/or to create an account through the Services (Account).
In order to create an Account, you will have the option to register either by connecting your email address or a social media account (either a Facebook, or Twitter account) (Social Media) to create a valid username; and creating a secure, unique and confidential password (Password).
You agree not to share, transfer, lease, assign or sublicense your Account without SportCentrAll’s prior written consent.
You agree to:
- provide current, complete, true, updated and accurate information in relation to the Account; and
- provide additional information about yourself as may be requested by SportCentrAll from time to time.
If you are a Registered User of the Services, you must ensure that you keep your sign-on credentials secret and do not disclose them to anyone - as you are responsible for all activities undertaken under your sign-on credentials.
It is your responsibility to notify SportCentrAll immediately of any unauthorised use of your sign-on credentials as soon as you become aware of it.
To the extent that the functionality/ies of the Services do not already require you to do so, you should change your password regularly.
SportCentrAll may merge your records if you have duplicate or superfluous sign-on credentials or other records on the Services.
You acknowledge and agree that:
- you shall be solely liable and responsible for all activities that occur under your Password; and
- SportCentrAll shall not be responsible for your failure to comply with this clause or any loss or damage arising out of, or related to, the use of your Password by you or anyone other than SportCentrAll.
Connecting with SportCentrAll via Email or Social Media Platforms
SportCentrAll may use the information SportCentrAll collects, including your personal information, to:
- provide, personalise, and improve your experience with the Services and products and services made available through the Services, for example by providing customised or localised content and advertising;
- ensure technical functioning of the Services and products and services made available through the Services, develop new products and services, and analyse your use of the Services, including your interaction with other applications, advertising, products and services that are made available, linked to or offered in the Services;
- communicate with you for Services-related purposes, including promotional e-mails or messages; and
- enable and promote the Services, including features and content of the Services and products and services made available through the Services.
Content of the Online Platforms
SportCentrAll reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Online Platforms and any information or content on the Online Platforms.
SportCentrAll reserves the right to change and amend the products, prices and rates quoted on this Online Platforms from time to time without notice.
SportCentrAll may use the websites of third parties to provide information on the Online Platforms. SportCentrAll has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that SportCentrAll and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
SportCentrAll makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Online Platforms, including without limitation:
- SportCentrAll does not warrant that the Online Platforms or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. SportCentrAll expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fit-ness for a particular purpose, non-infringement, compatibility, security and accuracy;
- whilst SportCentrAll has taken reasonable measures to ensure the integrity of the Online Platforms and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Online Platforms are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
- SportCentrAll disclaims any responsibility for the verification of any claims. Information published on this Online Platforms may be done so in the format in which SportCentrAll receives it and statements from external parties are accepted as fact.
You agree that access to the Online Platform and Services depends on telecommunications and internet services providers and other external factors and SportCentrAll do not guarantee the availability of the Services, products and/or services at all or at any specific time.
Linked third party websites and third party content
SportCentrAll may provide links to third party websites on the Online Platforms. These links are provided to the user for convenience purposes only and SportCentrAll does not endorse, nor does the inclusion of any link imply SportCentrAll’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
While SportCentrAll tries to provide links only to reputable websites or online partners, SportCentrAll cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of SportCentrAll. SportCentrAll is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Online Platforms.
You agree that SportCentrAll shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked website on the Online Platforms. Any dealings that you may have with any linked websites, including advertisers, found on the Online Platforms, are solely between you and the third party website.
You furthermore agree to comply with any applicable third-party terms and conditions (such as Google Play or Apple End User Licence Agreement).
User obligations and usage restrictions
PLEASE TAKE NOTE OF THIS CLAUSE. It contains important information on how you use the Online Platform and Services to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Online Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material you choose to display on the Online Platforms (collectively, Contributions).
The user hereby agrees that it shall not itself, nor through a third party:
- if you are under the age of 18 years of age, access the Online Platforms without consent from a parent or guardian;
- if you have been suspended by SportCentrAll from using the Only Platforms or your account has been terminated, attempt to access the Online Platforms and Services;
- impersonate any person or entity in accessing or using the Online Platform;
- copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, sell, lease, licence, sub-licence, encumber or in any other way deal with or commercialise any part of the Online Platforms for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
- decompile, disassemble or reverse engineer any portion of the Online Platforms;
- write and/or develop any derivative of the Online Platforms or any other software program based on the Online Platforms;
- modify or enhance the Online Platforms. In the event of a user effecting any modifications or enhancements to the Online Platforms in breach of this clause, such modifications and enhancements shall be the property of SportCentrAll;
- without SportCentrAll’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Online Platforms by persons other than the user;
- remove any identification, trademark, copyright or other notices from the Online Platforms;
- use the Online Platforms in any way that is or may be damaging to the Online Platforms or that my negatively impact user access to the Online Platforms;
- engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Online Platforms;
- post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Online Platforms/Application, any content which is:
- unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, is violent, vulgar, or obscene, displays nudity or sexual activity, or otherwise harms or can reasonably be expected to harm any person or entity;
- illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including posting content that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/ or drug abuse, harassment, theft, or conspiracy to commit any criminal activity,
- an infringement or violation of any right of a third party including (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights (b) right of privacy (specifically you must not distribute another person’s personal information without their express permission) or publicity, or (c) any confidentiality obligation;
- 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)
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Online Platforms or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Online Platforms and/or
- notwithstanding anything contained to the contrary in these Terms, use the Online Platforms for any purpose other than personal, non-commercial and information purposes.
SportCentrAll may terminate or suspend your account, or disable or remove your access to specific parts of the Services, and take any other action it deems fit, if SportCentrAll determines in its sole discretion, that you have violated these Terms.
If SportCentrAll takes any action to suspend or terminate your access to the Services, pursuant to these Terms you agree that you will not create another Account without SportCentrAll’s permission, or take any other action to circumvent the suspension or termination of access.
SportCentrAll has the right, in our sole and absolute discretion to:
- re-categorize any Contributions to place them in more appropriate locations in the Services;
- use and publish (and authorise others to use and publish) your name, character, likeness, image, voice or anything else that identifies you which is contained in the Contribution; and
- pre-screen or delete any Contributions at any time and for any reason, without notice.
You may be held legally responsible for damages suffered by other users, SportCentrAll or third parties as a result of your Contributions posted to the Services.
SportCentrAll has no obligation to monitor your Contributions, but reserves the right to review or pre-screen (or have a third party review on its behalf) the contributions prior to being submitted or uploaded to the Services. SportCentrAll may refuse to publish or remove contributions that, in its sole discretion, does not meet its standards or does not comply with these Terms. SportCentrAll is not responsible for any failure to or delay in publishing such Contributions.
SportCentrAll will cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone (including you) posting material which violates or allegedly violates any law.
If you believe that the behaviour or material of another user is objectionable or contrary to these Terms, you can report the behaviour or material to SportCentrAll using the contact information in clause 19 below.
In order to ensure the security and reliable operation of the Online Platforms to all SportCentrAll’s users, SportCentrAll hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
You may not utilise the Online Platforms in any manner which may compromise the security of SportCentrAll’s networks or tamper with the Online Platforms in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Online Platforms, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Online Platforms, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should SportCentrAll suffer any damage or loss, civil damages shall be claimed by SportCentrAll against the user.
Intellectual Property Rights
For the purpose of this clause, the following words shall have the following meanings ascribed to them:
- “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by SportCentrAll, now or in the future, including without limitation, SportCentrAll’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Online Platforms (“proprietary material”), are the property of, or are licensed to, SportCentrAll and as such are protected from infringement by local and international legislation and treaties.
By submitting reviews, comments and/or any other content (other than your personal information) to SportCentrAll for posting on the Online Platforms you:
- automatically grant SportCentrAll and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
- Warrant that you are legally entitled to submit such content and that your submission does not violate any third party rights. You furthermore indemnify SportCentrAll against any claims by third parties based on your violation of third party rights by posting the content.
All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Online Platforms is granted to you.
Except with SportCentrAll’s express written permission, no proprietary material from this Online Platforms may be copied or retransmitted.
Irrespective of the existence of copyright, the user acknowledges that SportCentrAll is the proprietor of all material on the Online Platforms (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
SportCentrAll authorises you only to view, copy, temporarily download to a local drive and to print the content of the Online Platforms, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
SportCentrAll does not provide any assurance or guarantee that the Services will be suitable for any specific firmware or hardware. The SportCentrAll will however use reasonable endeavours (but is under no obligation to do so) to keep the Services updated so that it complies with modified/new versions of the firmware and new hardware. You may accept and use any Update that SportCentrAll makes available by downloading or accessing the Updates. You are not granted rights to claim such an Update.
SportCentrAll reserves the right to modify the technical specifications as it sees appropriate at any time.
Risk, limitation of liability and indemnity
The user’s use of this Online Platforms and the information contained on the Online Platforms is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
Further to clause 11.1, you acknowledge that you use or rely upon any user submission posted on the Online Platforms at your own risk. SportCentrAll is not responsible for and does not endorse the opinions, advice or recommendations posted or sent by other users. The SportCentrAll specifically disclaims any and all liability relating to such submissions. You will solely be liable for any damages resulting from any infringement of copyrights, proprietary rights or any other harm resulting from the use of or reliance on other user’s submissions.
The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall SportCentrAll be liable for any loss, harm, or damage suffered by the user as a result thereof. SportCentrAll reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should SportCentrAll deem it necessary.
To the extent permissible by law:
- Neither SportCentrAll, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Online Platforms or any functionality thereof, or the information contained on the Online Platforms, or of any linked Online Platforms, even if SportCentrAll knows or should reasonably have known or is expressly advised thereof.
- The liability of SportCentrAll for faulty execution of the Online Platforms as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Online Platforms shall be limited to SportCentrAll rectifying the malfunction, within a reasonable time and free of charge, provided that SportCentrAll is notified immediately of the damage or faulty execution of the Online Platforms. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Online Platforms without the prior written approval of SportCentrAll. However in no event shall SportCentrAll be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Online Platforms or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
- You hereby unconditionally and irrevocably indemnify service provider and agree to hold SportCentrAll free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by SportCentrAll or instituted against SportCentrAll as a direct or indirect result of:
- your use of the Online Platforms;
- software, programs and support Platform supplied by, obtained by or modified by you or any third party without the consent or knowledge of SportCentrAll;
- your failure to comply with any of the terms or any other requirements which SportCentrAll may impose from time to time;
- the actions or requirements of any telecommunications authority or a supplier of telecommunications Platform or software; or
- any unavailability of, or interruption in, the service which is beyond the control of SportCentrAll.
SportCentrAll makes no warranty or representation as to the availability, accuracy or completeness of the content of the Online Platforms. The Online Platforms and Services are provided to you “as is”. You expressly waive and renounce all your rights of whatever nature that you may have against SportCentrAll for any loss suffered by you, as a result of information supplied by SportCentrAll being incorrect, incomplete or inaccurate.
By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or Platform offered by SportCentrAll. You shall notify SportCentrAll should you discover any loss or unauthorised disclosure of the information.
Any information or material sent to SportCentrAll will be deemed not to be confidential, unless otherwise agreed in writing by the user and SportCentrAll.
Breach or Cancellation by SportCentrAll
SportCentrAll is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Online Platforms and Platform, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to SportCentrAll’s right to claim damages, should any user:
- breach any of these Terms;
- in the sole discretion of SportCentrAll, use the Online Platforms in an unauthorised manner; or
- infringe any statute, regulation, ordinance or law.
Breach of these Terms entitles SportCentrAll to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to SportCentrAll on an attorney and own client scale.
Compliance with laws
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Online Platforms.
Except as explicitly stated otherwise, any notices shall be given by email to the address included under clause 19 (in the case of SportCentrAll) or to the e-mail address you have provided to SportCentrAll (in your case), or such other address that has been specified.
Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, SportCentrAll may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to SportCentrAll. In such case, notice shall be deemed given 7 (seven) days after the date of mailing.
You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”.
Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
Governing Law and Dispute Resolution
If we end up in a legal dispute you and SportCentrAll agree to resolve it in a federal court located in Western Australia using the laws of the State of Western Australia (if you reside in New Zealand, Australia, Asia or the United States of America).:
- If you live in Africa, the United Kingdom or European Economic Area (“Designated Countries”) the laws of South Africa govern all claims related to SportCentrAll’s provision of the services to you, but this shall not deprive you of the mandatory consumer protections under the law of the country to which we direct your services where you have habitual residence. With respect to jurisdiction, you and SportCentrAll agree to choose the courts of the country to which we direct your services where you have habitual residence for all disputes arising out of or relating to these Terms, or in the alternative, you may choose the responsible court in the Republic of South Africa.
If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
SportCentrAll’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of SportCentrAll. The SportCentrAll, however, is allowed to assign, transfer and subcontract its rights and/or obligations under these Terms without any notification.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
These Terms set forth the entire understanding and agreement between SportCentrAll and you with respect to the subject matter hereof.
SportCentrAll reserves the right to modify the Online Platforms or to discontinue offering the Services all together at any time and for any reason, including without limitation, if any third party supplier ceases to supply content or services, or if SportCentrAll’s contract with such a third party supplier terminates. In the event that SportCentrAll discontinues offering the Online Platforms and Services, these Terms and your rights thereunder will terminate immediately. The disclaimers of warranty and liability contained herein shall survive such termination.
Full name: Sport Central Holdings (Pty) Ltd
Registration number: 616567616
Physical address (where legal notice will also be received): 197 St Georges Terrace, Perth WA 6000
Telephone number: +61 8 6383 7864
Website address: www.sportcentrall.com
E-mail address: firstname.lastname@example.org
Names of office bearers: Mr P Steyn
Registered at: 197 St Georges Terrace, Perth WA 6000
For any queries regarding the use of the Platform, please contact us via the following channels:
+61 8 6383 7864