These Terms of Use ("Terms") are a contract between you and Justplay Australia Pty Ltd ("Just Play" or "we") and govern your access to and use of any Just Play website, mobile application (such as for iPhone or Android) or content, or products and/or services made available through Just Play (collectively, the "Site"). Please read these Terms carefully before accessing and using the Site.
1. TERMS OF USE
a) Acceptance of Terms. By accessing and/or using the Site, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, you must not use the Site.
b) Amendment of Terms. Just Play may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon Just Play posting the updated Terms. Your continued access to or use of the Site after the posting of the amended Terms constitutes your consent to be bound by the Terms as amended.
2. JUST PLAY PLATFORM
a) Just Play Platform. Just Play is a service that enables Just Play members to participate in organised social sporting competitions and leagues ("Leagues") operated by sport venues or other third parties that partner with Just Play ("Venues"). Through the Just Play platform Just Play Members are organised into teams that participate in the league operated by the venue. Just Play itself is not a venue, league or service provider and does not own, operate or control any of available leagues accessible through the Site.
b) Availability and Allocation. Just Play does not guarantee the availability of particular Venues and availability may change over time. The type, quantity, allocation and availability of Venues, Leagues, and single game options offered is determined by Just Play in its sole discretion. As such, Just Play take certain steps to manage options at varying times and in an ongoing and evolving way.
c) Use of Just Play. Your Just Play membership is personal to you and you agree not to create more than one account. Members cannot transfer or gift team places or single games to third parties, including other Just Play members. Just Play may not be used for commercial purposes. To use your Just Play membership you must have access to the Internet. We continually update and test various aspects of the Just Play platform. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice.
3. PAYMENT
a) Initial payment for Just Play is made either on a season basis or by purchasing games on a one off basis, allowing participation in single games. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees and to change the amount of any such fees at any time. Additionally, from time to time we may allow you to purchase additional products or services through the Just Play Site. If you choose to purchase any of these offerings, you will be responsible to pay the applicable fees in addition to your membership fee.
b) Membership. In the event you purchase a season membership your membership will continue on a season to season basis until cancelled. To use the Just Play service you must provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time. Unless you cancel your membership before your subscription renewal date, you authorise us to charge your next season's membership fee to your Payment Method (see "Cancellation" under 5.c) below).
You may edit or update your stored Payment Method via our website by visiting "My Teams" (https://justplay.com.au/my-teams) and selecting "Update Payment Method". It is a requirement to have a valid Payment Method stored in order to have a user account on Just Play. In the event you wish to remove your payment method this can be done by making a request to us in writing to: [email protected]
c) Refunds. Generally, (and without limiting our obligations or your rights under law, including the Australian Consumer Law), our fees are nonrefundable. Any additional discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.
d) Number of games. The number of games listed as part of a season registration are our best estimate and can change for a number of reasons outside of our control, including: byes / grading games / finals / forfeits, venue availability etc.
We have two processes in place to make sure our players receive good value for their registrations:
i) We provide 1 x 'Games' credit for any missed season matches up to the number of games included with season registration. This is to make up for any byes, forfeits, game cancellations etc (which are often out of our control).
ii) In the event that less than 75% of the listed number of games go ahead, we will upon request provide a credit in the form of a coupon of the pro-rata amount based on the number of games not played. This is assessed at the end of the season to allow us to determine the final number of games.
e) In the event that you do not attend a game without updating your RSVP status to "unavailable" Just Play will automatically charge a No-Show fee of $15.00 to your stored payment method.
f) In the event that a team must forfeit due to Late RSVP unavailabilities, Just Play will automatically charge a Late RSVP fee of $10.00 to your stored payment method. Late RSVPs occur if a user opts out of the game less than 12 hours until game time.
4. OTHER FEES
a) Fees Charged by Venues. In addition to fees we charge, some of the Venues may also charge fees that you will be responsible for directly. For example, some Venues might charge an entry fee.
b) Third Party Fees for Using Just Play. You are also responsible for all third party charges and fees associated with connecting and using the Site, including fees such as internet service provider fees, telephone and computer equipment charges and any other fees necessary to access the Site.
5. SUBSCRIPTION BILLING AND CANCELLATION
a) Billing Cycle. The season membership fee for the Just Play service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a season basis to your Payment Method on the calendar day provided by email from Just Play. In some cases your payment date may change, for example if your next season dates change. We will always provide notice of your new payment date in the event this date changes. Visit our website and click on the "my-teams" link on the "dashboard" page to see your next payment date.
b) Payment Methods. To use the Just Play service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "My-Teams" page at: https://justplay.com.au/my-teams. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorise us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your season fee. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method.
It is a requirement to have a valid payment method stored in order to have a user account on Just Play. In the event you wish to remove your payment method this can be done by making a request to us in writing to: [email protected]
c) Cancellation. You can cancel your Just Play season membership at any time, and you will continue to have access to the Just Play service through the end of the season you have paid for. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-season membership periods or unplayed games. To cancel, go to the "my-teams" page and follow the instructions for cancellation. If you cancel your subscription, your guaranteed place in the team for the following season is forfeited. You are also able to cancel your subscription up until 2 business days prior to your subscription renewal date by notifying us in writing at: [email protected]
d) Changes to the Price and season Subscription. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to our subscription plans will apply to you no earlier than 30 days following notice to you.
e) Refunds of subscription charges. We have a cooling-off period in place for our renewal subscription charges that are made on the renewal date only. You have three clear business days (excluding weekends and public holidays) after your subscription renewal charge is processed to change your mind. This is your cooling-off period. You need to contact us in writing by sending an email to: [email protected] in the event you would like to cancel your season subscription and receive a full refund of the season fees paid. Note: This cooling-off period is not available for other registrations for either games or seasons products and only applies to subscription renewal charges made on the renewal date.
6. TERMINATION OR MODIFICATION BY JUST PLAY
a) Termination or Modification. You understand and agree that, at any time and without prior notice Just Play may (1) terminate, cancel, deactivate and/or suspend your account, any orders placed, or your access to or use of the Site and/or (2) discontinue, modify or alter any aspect, feature or policy of the Site. This includes the right to terminate or modify any account prior to the end of any pre-paid or committed period. Upon any termination, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Upon any such termination by us without cause, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services as your sole and exclusive remedy. If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Just Play will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification.
b) Infringing or Fraudulent Activity. Just Play does not permit copyright infringing activities and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Just Play may have at law or in equity.
c) “No show” policy. The most important thing for us is that all of our teams are given every opportunity to play an enjoyable game. For this reason Just Play has a strict “No show” policy. If a player fails to attend a game without updating their RSVP to unavailable for any 2 games within a season, we reserve the right to remove this player from their team for the remainder of the season with no refund provided. We will convert the remaining number of scheduled games in to Single Game credits so that a removed player can still participate in games.
This 2 strike “No show” policy only applies to players marked as attending and we will not consider it a strike in the event you have contacted us via email or in-app messaging prior to the scheduled commencement of your game. We can be contacted at [email protected] or via in-app messenger. Informing your team or the venue staff of your non attendance is not considered sufficient – you must update your attendance via the Just Play app or by logging in to your player profile via: justplay.com.au and marking yourself as unavailable.
7. ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS
a) Eligibility Criteria. The availability of all or part of our Site may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Just Play or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use this Site. THE SITE IS NOT AVAILABLE TO PERSONS OUTSIDE AUSTRALIA. THESE TERMS ARE ONLY APPLICABLE TO USERS IN AUSTRALIA AND SEPARATE TERMS APPLY TO USERS IN OTHER JURISDICTIONS. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY JUST PLAY. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF AUSTRALIA, AT LEAST 18 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY TO THE EXTENT SUCH RULES APPLY TO THE MEMBER.
b) Account Information. You agree that the information you provide to Just Play at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password login and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
8. PRIVACY
Your privacy is important to Just Play. Just Play uses high ethical standards and respects your privacy. We will diligently safeguard and protect the privacy and confidentiality of your personal details. When participating in a League, the applicable Venue partner may have access to certain information about you, such as your name and email address, so it can provide service and communicate any additional details with you. As part of your profile on the Site, your first name, first initial and photo that you have provided will be shown to other Site users.
9. PROHIBITED CONDUCT
Harass, threaten, disrupt or defraud users, members or staff of Just Play or Venues or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
Make unsolicited offers, advertisements, proposals, or send junk mail or "spam" to users;
Impersonate another person or access another user’s account without that person’s permission;
Share Just Play-issued passwords with any third party or encourage any other user to do so;
Permit third parties to use any leagues registered or single game credits under your own membership, including other members;
Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
Upload material (e.g. virus) that is damaging to computer systems or data of Just Play or users of the Site;
Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, defamatory, libelous, or otherwise inappropriate content.
10. PROHIBITED USES
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Just Play reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
11. USER SUBMISSIONS
a) General. The Site provides certain features which enable you and other users to submit, post, and share content, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site ("User Submissions"). Just Play does not guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand and agree that User Submissions may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Just Play’ platform), including any Venue, may read your User Submissions. Just Play is not responsible for the use or disclosure of any information that you disclose in connection with User Submissions, including any personal information. User Submissions are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, Just Play. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Just Play, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
b) Right to Remove or Edit User Submissions. Just Play makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice.
c) License Grant by You to Just Play. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Just Play, you hereby grant Just Play and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the "Just Play Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Just Play’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
d) User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Just Play to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Just Play and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Just Play’s or any Just Play Licensee’s use of such User Submissions pursuant to these Terms, and Just Play’s or any of Just Play Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice or false advertising; (c) violate these Terms or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others. Just Play may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that Just Play determines in its sole discretion to violate the standards of this Site. Just Play takes no responsibility and assumes no liability for any User Submissions.
e) Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Just Play does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT NEITHER JUST PLAY (NOR ANY MEMBER OF THE JUST PLAY GROUP OF COMPANIES), HAS ANY LIABILITY TO YOU IN RESPECT OF ANY SUCH USER SUBMISSIONS.
f) Feedback. If you provide Just Play with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site ("Feedback"), Just Play shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Just Play a perpetual, irrevocable, nonexclusive license to all rights necessary to incorporate and use your Feedback for any purpose.
12. OWNERSHIP; PROPRIETARY RIGHTS
The Just Play website and mobile applications are owned and operated by the Justplay Australia Pty Ltd. Just Play own all rights in and to the visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Just Play ("Materials") including all copyright, trade dress, patent rights, and trademark rights, rights under international conventions, and all other relevant intellectual property and proprietary rights, and other rights under applicable laws. For the avoidance of doubt, Materials does not include User Submissions. Except for any content uploaded by you (i.e. User Submissions), all Materials contained on the Site are the copyrighted property of Just Play or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names used by us on the Site are proprietary to Just Play or its affiliates and/or third-party licensors. Except as expressly authorized by Just Play, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
13. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The Site may include links or access to other web sites or services ("Linked Sites") solely as a convenience to users. Just Play does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Just Play makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Sometimes promotional plans are offered in conjunction with the provision of third party products and/or services. We are not responsible for the products and services provided by such third parties, and to the maximum extent permitted by law, use of such products and services is at your own risk.
Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Site are solely between you and such advertiser. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT JUST PLAY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
14. NOTICE
Notices will be sent to you at the email address that you provided to Just Play during the registration process. Notices may be sent to us at the email address: [email protected] Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received. Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.
15. YOUR RIGHTS
Nothing in these Terms (including without limitation this clause 15) excludes, restricts or modifies ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW (INCLUDING the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth)) WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.
16. DISCLAIMERS RELATING TO THE SITE
THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JUST PLAY, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL GUARANTEES, WARRANTIES, TERMS AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, JUST PLAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
17. DISCLAIMER RELATING TO SERVICES AND THIRD PARTIES
CLASSES, ACTIVITIES, AND OTHER NON-JUST PLAY PRODUCTS AND SERVICES OFFERED VIA THE SITE ARE OFFERED AND PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SITE ARE PROVIDED BY SUCH THIRD PARTIES), NOT JUST PLAY. JUST PLAY IS NOT A GYM, FITNESS STUDIO OR OTHER SERVICE PROVIDER, AND IS NOT AN AGENT OF ANY THIRD PARTY PROVIDER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR ATTENDANCE AT AND PARTICIPATION IN THESE CLASSES, ACTIVITIES OR USE OF THE NON-JUST PLAY PRODUCTS AND SERVICES, IS SOLELY AT YOUR OWN RISK AND IN NO EVENT SHALL JUST PLAY BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN A CLASS, ACTIVITY, SERVICE, PRODUCT OR APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY PROVIDER IN CONNECTION WITH A CLASS, ACTIVITY OR SERVICES.
18. ASSUMPTION OF RISK
Although Just Play endeavors to offer venues and leagues that are of high quality, Just Play is not responsible for the quality of any venues or leagues. You understand that there are certain inherent risks and dangers in participation in sport and that the games you may play in will vary in intensity and skill level. By signing up for Just Play, you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assignees that you are aware of these risks which include, but are not limited to, property damage, illness and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm. You acknowledge and agree that it is your responsibility to consult with your primary care physician prior to participating and to determine if and how participating in any Just Play offered leagues and single games is appropriate for you. You also understand and agree that the Site offers playing level information that is designed for informational, educational and entertainment purposes only and the use of any of the information provided on the Site is solely at your own risk.
Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless Just Play, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities (including for ordinary negligence and the application of any of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law) arising out of or in any way related to your participation in or use of your Just Play membership, including with respect to bodily injury, physical harm, illness, death or property damage.
19. INJURY EXPENSE COVERAGE
As Just Play itself is not a venue, league or service provider and does not own, operate or control any leagues, no coverage for any expenses arising from an injury sustained in participation is provided. The venue may provide some level of coverage as part of its programs, however, it is your responsibility to contact the venue directly regarding the details of this, if required.
20. INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify and hold Just Play, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants.
21. LIMITATION OF LIABILITY AND DAMAGES
SUBJECT TO CLAUSE 15 AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTHING IN THESE TERMS (INCLUDING BUT NOT LIMITED TO THE "DISCLAIMERS" ABOVE AND LIMITATIONS OF LIABILITY BELOW) IS INTENDED TO EXCLUDE, LIMIT OR MODIFY ANY LIABILITY WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED (INCLUDING UNDER THE AUSTRALIAN CONSUMER LAW).
UNDER NO CIRCUMSTANCES WILL JUST PLAY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY NEGLIGENCE OF THIRD PARTIES, INCLUDING ANY VENUE WHERE YOU MAY REDEEM AN EGILIBLE CLASS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE.
SUBJECT TO CLAUSE 15, JUST PLAY’ LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS IS LIMITED TO THE GREATER OF (I) $50 AND (II)THE AMOUNTS, IF ANY, PAID BY YOU TO JUST PLAY UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE.
THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER JUST PLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
22. VENUE WAIVERS AND TERMS
Your participation in any league may be subject to additional waivers, policies, rules or conditions of the applicable Venue. Just Play or the applicable Venue may restrict your access if you do not agree to or comply with such conditions or these Terms. If you have questions about a Venue’s waiver or other terms, please see the applicable Venue’s website or contact the Venue directly.
23. DISPUTE RESOLUTION
a) General. Generally, if a dispute arises between Just Play and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Just Play agree that the parties will resolve any claim or controversy at law or equity that arises out of these Terms or the Site (a "Claim") in accordance with subsection (b) below or as you and we otherwise agree in writing. Before resorting to subsection (b), we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
b) Choice of Law; Forum. These Terms shall be governed and construed in accordance with the laws of the state of Victoria, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Just Play must be resolved by a court of competent jurisdiction located in Victoria except as otherwise agreed by the parties. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria for the purpose of litigating all such claims or disputes.
c) Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
24. MISCELLANEOUS
a) Assignment and novation. We may assign or novate our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
b) Severability. Any provision of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of any remaining provisions is not affected.
c) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
d) Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Just Play relating to the subject matter herein.
e) Claims; Statute of Limitations. YOU AND JUST PLAY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
f) Disclosures. The services hereunder are offered by Justplay Australia Pty Ltd with an address at: 36-38 Gipps Street, Collingwood, Victoria, Australia and email: [email protected]
g) It is a condition of entry to all Just Play venues that members consent to (i) the recording of their likeness and/or voice by any means (including but not limited to audio and visual recordings by video cameras and photographers) (together “images”) and (ii) the commercial exploitation, throughout the world, of their images by any means by Just Play and its commercial partners without compensation.
h) Waiver. No waiver of any of these Terms by Just Play is binding unless authorized in writing by an executive officer of Just Play. In the event that Just Play waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Just Play to enforce the same at a later time.