1.1 This website (“Website”) is owned and operated by Champ Tracker Pty Ltd (“Champ Tracker”, “We”, “Us” or “Our”). These terms and conditions (“Terms”) constitute the entire agreement (“Agreement”) between the user (“you”) and us which supersedes all prior representations, inducements, undertakings, agreements or arrangements.
1.2 By browsing, accessing or using the Website you agree to these Terms. Which are binding on you and govern your access to and use of the services, including our various websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). If you are accepting these Terms and using the Services on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
1.3 We may amend these Terms at any time, and it is your responsibility to review them each time you visit or make use of the Website. If you do not agree with the Terms, then you must cease viewing or using the Website. If you continue to view or use the Website, then you are deemed to have accepted these Terms as updated.
2.1 The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Champ Tracker on the Services are subject to change.
2.2 In consideration of us granting you access to and use of the Services, you agree that Champ Tracker and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
2.3 All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Champ Tracker and its licensors.
2.4 The Services are protected by copyright, trademark, and other laws of both the Australia and foreign countries. Nothing in the Terms gives you a right to use the Champ Tracker name or any of the Champ Tracker trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Champ Tracker, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
3. USE OF SERVICES
3.1 To use the Services, you must be 15 years of age or over, or do so through your adult parent or guardian. You cannot use the Services if you are under 5 years of age. Any Champ Tracker account created in breach of this provision will be deleted by us and all associated personal information will also be removed.
3.2 To access the Website, or use the Services, you must have an internet connection and appropriate and necessary computer equipment. The Services we provide to you via the Website does not include the provision of a computer or any other equipment or facilities to access the Website or use the Services.
3.3 The Website, our Services are available internationally. You are responsible for the consequences and for compliance with all applicable laws and regulations in your country in relation to the use of the Services.
4. CHAMP TRACKER USER ACCOUNT
4.1 You must create a Champ Tracker account before you can use the Services. When creating the account, you must nominate a password. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your Champ Tracker account.
4.2 We encourage you to use “strong” passwords (i.e. passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.
4.3 Your Champ Tracker account is personal to you and it must not be used by anyone else without our consent.
4.4 If you are a company, then you must ensure that all users who have access to your Champ Tracker account have the appropriate authority to do so.
4.5 Anything done under your account will be deemed done by you including any purchase of subscription made under your account. Therefore if you suspect that your account is compromised, you must notify us immediately.
4.6 Any account which is deemed abandoned in our reasonable opinion will be deleted permanently together with all user data associated with the account in accordance with our Inactive Account Policy.
5. CONTENT AND USER DATA
5.1 All data processed, transmitted or posted under your Champ Tracker account (whether privately or publicly) and the Content are deemed to be the property, and under the control, of the corresponding Champ Tracker account holder. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. The Content must always meet the standards and comply with the requirements of the Australian Classification Board and Broadcasting Services Act 1992.
5.2 In order to maintain high standards of our Services, we will periodically review and verify the Content you uploaded to our site and if we find that the Content (or part thereof) is false, is not compliant with any law, we have the sole discretion to:
(a) remove the contravening Content or part thereof;
(b) ask you to amend, modify and re-submit the Content; or
(c) amend or delete the Content by ourselves.
5.3 We may also modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
5.4 We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. You, as the account holder, are solely responsible for maintaining the Content and other user data associated with your account.
6. INTELLECTUAL PROPERTY
6.1 You warrant that you own, or are authorised to deal with, all intellectual property rights that subsist in all user date and the Content.
6.2 You grant a royalty free licence in respect of all intellectual property rights that subsist in the Contents and you authorise us to reproduce, modify, vary or otherwise deal with, the Contents as we see fit for the purpose of providing you with the Services.
6.3 You agree that this license includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organisations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
6.4 You agree to indemnify us against all cost, expenses, loss and damage suffered by us howsoever arising in respect of the use of your data and the Content for the purpose of providing you with the Services.
6.5 We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If we receive notification from anyone that you are infringing any copyright, we will take appropriate actions including not limited to terminating, suspending and deleting your account as well as all infringing material from your account, at our sole discretion and without liability to you.
6.6 If you wish to report an intellectual property infringement, please send us email at firstname.lastname@example.org.
7.1 Please review the Champ Tracker Rules (which are part of these Terms) to better understand what is prohibited on the Service.
7.2 When using the Services or the Website you must not:
(a) access, tamper with, or use non-public areas of the Services, Champ Tracker’s computer systems, or the technical delivery systems of Champ Tracker’s providers;
(b) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us and only pursuant to these Terms;
(d) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
(e) otherwise do anything that adversely affect the integrity, or interfere with the proper working, of the Services or the Website.
7.3 During the course of your use of the Services, you must not transmit, distribute or store any viruses or any other material that:
(a) is of a sexually explicit nature;
(b) is of a harmful or discriminatory nature;
(c) supports any type of breach of ethics, racism, discrimination, abuse and/or bullying;
(d) facilitates, supports or incites illegal activity or violence;
(e) causes damage or injury to another party or property; or
(f) otherwise in contravention of the requirements of the Australian Classification Board and Broadcasting Services Act 1992, and any other laws and regulations in your country.
7.4 The Services provided to you cannot be on-sold to, or used by, a third party without our consent.
8.1 You are entitled to cancel or cease the use of the Services at any time.
10. NO WARRANTIES
10.1 We will use our best endeavours to ensure that the provision of Services is operable 24 hours a day, 7 days a week. However we do not warrant that the Services will be free of errors or faults and we do not accept any liability for any errors or faults. In the event of an error or fault, you should report it to us immediately.
10.2 We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Website will be transmitted accurately, reliably, in a timely manner or at all.
10.3 Whilst we will use all endeavours to keep the Website secure, the internet itself is not a secure medium. Communications via the internet maybe intercepted or altered in transit. The Website is not an exception. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive, which are beyond our control. We also cannot warrant that the Website is free from anything that may cause damages to your computer or other device used to access the Website or to the data contained within that device. You must take your own precautions and relevant security measures when using the Website.
10.4 The Website may contain links to other external websites which are neither under our control nor affiliated with us. Links to such websites or resources do not imply any endorsement by Champ Tracker of such websites or resources or the content, products, or services available from such websites or resources. You visit and browse the content of those websites at your own risk.
11. OUR RIGHTS
11.1 We may license or sub-contract a third party without your consent for all or any part of our rights or obligations for the purpose of providing you with the Services.
11.2 If you are in breach of any of these Terms, we have the right to refuse dealing with you, terminate or disable your account and prevent you and your IP address from accessing the Website and using the Services.
11.3 We may cease providing the Services to you if we deem that the provision of the Services is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
12. LIMITED LIABILITIES
12.1 You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Save and except your statutory rights which cannot be excluded by these terms and to the extent permitted by the law we exclude all other terms, conditions and warranties expressed or implied by statute, the common law, equity or otherwise howsoever are expressly excluded.
12.2 Subject to clause 12.1, we are not liable for any loss or damage suffered by you including any consequential loss, damages or loss of profit as a result of:
(a) any delay in providing, or failing to provide, the Services;
(b) you accessing the Website and using the Services;
(c) you accessing any third party website;
(d) you failing to keep your password confidential;
(e) any Content posted via the Services by anyone;
(f) any recommendation posted on the Website by us or by anyone;
(g) loss of user data or Content;
(h) any defect in, or any failure, malfunction, breakdown or deterioration of, the Services;
(i) your Champ Tracker account being terminated, cancelled or deleted in accordance with clause 3.1, 4.6, 6.5, 11.2 and 11.3; and
(j) your user data or Content being modified or varied in accordance with clause 5.3 and 5.4.
13. NO WAIVER AND SEVERABILITY
13.1 Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
14. YOUR LIABILITIES
14.1 You must indemnify us and keep us indemnified against all costs, liability, losses and claims incurred by us as a result of your breach of any of these Terms including improper use of the Website and the Services by you or by anyone who gains authorised or unauthorised access from.
14.2 You will be liable for and pay our legal costs on a full Solicitor/own Client indemnity basis arising from or incurred as a consequence of the breach by you including but not limited to the costs of any letters of demand or the Notices of Default and such payment is to be made to us within 7 days of receipt of an invoice from us for such costs.
15. GOVERNING LAW
These terms are to be governed by the laws of the State of Victoria in Australia. Any proceeding under or in connection with it must be taken in the appropriate Court in the State of Victoria.
16. RELEASE OF IMAGE
By participating in any Champ Tracker event/camp/academy, you give permission for your image to be used in perpetuity for marketing and promotional purposes; and reproduced on any Champ Tracker (or associate) website and promotional material.
In these terms:
|means we or you.
|means our website champtracker.com
|means the user who accesses the Website or uses the Services.