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Terms & Conditions

TAG SERIES INTERNATIONAL SOFTWARE PLATFORM
TERMS AND CONDITIONS

PARTIES

Tag Series International Pty Ltd ACN 681 992 245
(“TSI”)

AND

Users

INTRODUCTION

  1. TSI owns and operates the Software Platform and licences Users to access and use the Software Platform to administer, participate in and observe the Sport in TSI Sanctioned Events.
  2. This document sets out the terms and conditions for Users to access and use the Software Platform to administer, participate in and observe the Sport in TSI Sanctioned Events.

  1. Definitions and Interpretation

    1. Definitions
      1. “Account” means the profile of a User registered on the Software Platform.
      2. “Agreement” means this document including any amendment, annexure, schedule or variation to it.
      3. “Calendar Year” means the twelve-month period between 1 January and 31 December.
      4. “Commencement Date” means the day on which TSI grants a User a licence to access and use the Software Platform.
      5. “Confidential Information” includes but is not limited to:
        1. patents and trademarks associated with TSI and the Software Platform;
        2. all matters and things relating to the Software Platform;
        3. all matters and things related to the integration of the Sport on the Software Platform;
        4. intellectual property of TSI.
      6. “Currency” means the currency specified in a User’s Account.
      7. “Data” means all statistical and other information required by TSI to be entered onto the Software Platform including but not limited to matches played, Players taking part, scores for and against, individual Player scores and any other records or statistics required by TSI and the Software Platform from time to time.
      8. “Division” means Player Groups comprising Players in the following categories:
        1. Category A: Adult (15 years plus)
        2. Category B: Youth (12–14 years)
        3. Category C: Emerging Youth (5–11 years)
        Divisions may be further organised into sub-categories Male, Female or Mixed.
      9. “Event” means six (6) 20-minute games in which the Sport is played by Teams of Players from one or more Divisions.
      10. “Governing Body of the Sport” means the Head Body of the Sport in the Location in which the Host hosts and administers TSI Sanctioned Events.
      11. “Host” means a person with a current authorisation to use the Software Platform to host and administer TSI Sanctioned Events.
      12. “Host Associate” means an individual, such as a referee or volunteer, who assists a Host to administer TSI Sanctioned Events.
      13. “Host’s Account” means the profile allocated to a Host on the Software Platform.
      14. “Intellectual Property Rights” means all industrial and intellectual property rights of TSI throughout the World, including any copyright, know-how, moral rights, patents, registered or unregistered designs, registered or unregistered trademarks, trade secrets, trade, business or company names or other proprietary rights, or right to register such rights.
      15. “Licence” means a licence granted by TSI to a User to Use the Software Platform.
      16. “Licenced IP” means:
        1. business information used and to be used in connection with the administration of the Sport through the Software Platform;
        2. operations, production, marketing and management systems and manuals;
        3. business names, brands, designs, images, logos, and trademarks associated with TSI and the Software Platform;
        4. promotional material, promoting the Sport including fitness-specific clothing (such as T-shirts and related items), prizes, flyers and business cards;
        5. communication and media connectivity, including but not limited to telecommunications (landlines, fax and mobile), domain name(s), URLs/Web and email addresses, and social media platform registrations, such as, but not limited to Facebook, Instagram and Twitter;
      17. “Location” means the geographic location in which a Host hosts and administers TSI Sanctioned Events.
      18. “Media Channels” means the social media, internet, broadcast or other channels sanctioned by TSI.
      19. “Non-Participating Observers” means a non-playing User.
      20. “Player” means User associated with a Team with a registered profile on the Software Platform and authorised by TSI to participate in the Sport in TSI Sanctioned Events administered by a Host.
      21. “Player Groups” means Teams organised into Divisions.
      22. “Player Fees” means fees charged by TSI to Players to access the Software Platform to participate in the Sport in TSI Sanctioned Events administered by the Host, in addition to any Team Fees.
      23. “Profile” means individual User identifying information and Data required by the Software Platform to be recorded and stored on the Software Platform in order to set up and maintain an Account to administer the Sport as a Host in TSI Sanctioned Events or to observe or participate in the Sport in TSI Sanctioned Events.
      24. “Rule Book” means the rules sanctioned by TSI on the Software Platform.
      25. “Rules” means the rules in the Rule Book as amended or varied by TSI from time to time.
      26. “Software Platform” means the software owned by TSI and licenced to Hosts to administer TSI Sanctioned Events.
      27. “Sport” means a tag-based team sport played in accordance with the Rule Book.
      28. “Team Fees” means fees charged by a Host to Teams for each Event in which a Team participates.
      29. “Team” means a team of 8 to 12 Players from Player Groups.
      30. “Team Platform Fees” means fees charged by TSI to Teams to access the Software Platform to participate in TSI Sanctioned Events, in addition to any other Player Fees.
      31. “TSI Sanctioned Events” means any Event administered by a Host and played in accordance with the Rule Book.
      32. “Third Party Sites” means internet-based digital technologies that are not operated or controlled by TSI.
      33. “Use” means to use the Software Platform to administer, participate in and observe the Sport in TSI Sanctioned Events.
      34. “User” means any person accessing the Software Platform for any purpose whatsoever, whether or not authorised by TSI and includes without limitation a Host, Host Associates, Players and Non-Participating Observers.
    2. Interpretation
      Reference to:
      1. one gender includes the others;
      2. the singular includes the plural and the plural includes the singular;
      3. a person includes a body corporate;
      4. a party includes the party’s executors, administrators, successors and permitted assigns;
      5. a statute, regulation or provision of a statute or regulation (“Statutory Provision”) includes:
        • (a) that Statutory Provision as amended or re-enacted from time to time; and
        • (b) a statute, regulation or provision enacted in replacement of that Statutory Provision; and
      6. money is to the Currency.
      7. “Including” and similar expressions are not words of limitation.
      8. Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
      9. Headings are for convenience only and do not form part of this Agreement or affect its interpretation.
      10. A provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Agreement or the inclusion of the provision in the Agreement.
    3. Parties
      1. If a party consists of more than 1 person, this Agreement binds each of them separately and any 2 or more of them jointly.
      2. An obligation, representation or warranty in favour of more than 1 person is for the benefit of them separately and jointly.
      3. A party which is a trustee is bound both personally and in its capacity as a trustee.

  1. General Terms

    1. This Agreement applies to any use of and access to the Software Platform by Users.
    2. By accessing or using the Software Platform each User agrees to be bound by this Agreement and all applicable laws and regulations.
    3. If a User does not agree with any of these terms, the User must not use or access the Software Platform.
    4. By using and continuing to use the Software Platform each User acknowledges and agrees:
      1. that TSI is the owner of all intellectual property rights in relation to the Software Platform;
      2. having read the TSI Privacy Policy;
      3. that the TSI Privacy Policy explains how TSI collects and uses information submitted to the Software Platform;
      4. that TSI may revise the terms of this Agreement at any time without any prior notice;
      5. to be bound by, and must abide by, the Rule Book and this Agreement as amended or varied from time to time.

  2. Grant of Licence


    C. TSI grants each User with a registered Account and Profile on the Software Platform a non-exclusive, non-transferable, revocable licence to access and use the Software Platform to administer, participate in and observe the Sport in TSI Sanctioned Events.
    1. TSI grants each User with a registered Account and Profile on the Software Platform a non-exclusive, non-transferable, revocable licence to access and use the Software Platform to administer, participate in and observe the Sport in TSI Sanctioned Events.
    2. Each Host must use the Software Platform to comply with the Host’s obligations under this Agreement to promote and develop the Sport.
    3. Each Host must ensure that all Data from each Event administered by the Host is uploaded promptly to the Software Platform.
    4. Each Host must warrant and certify that Data uploaded to the Software Platform by the Host or any Host Associate is complete and accurate. Any breach of this obligation will result in immediate termination of a Host’s access to the Software Platform.
    5. TSI may, in its sole and absolute discretion, suspend and remove any User’s access to the Software Platform for any breach of the Rules or this Agreement.
    6. The licence granted in this clause 3 is limited to a right of access and use only. The Software Platform must not be modified in any way whatsoever.
    7. TSI reserves the right to add, modify, remove or vary features of the Software Platform without notice and each User acknowledges and agrees that access to the Software Platform may be limited or restricted from time to time by TSI to enable it to do so.
    8. Use of Third Party Sites through the Software Platform is at the User’s own risk solely and is subject to any additional terms, conditions, and policies applicable to such Third Party Sites. TSI will not be liable to any user for any consequence arising out of or in connection with a User accessing such Third Party Sites.

  3. Licenced IP

    1. TSI grants each Host a non-exclusive, non-transferable licence to copy, use and exploit the Licenced IP solely for the following purposes (“Licensed Uses”):
      1. in connection with the promotion and administration of the Sport;
      2. as part of content posted to the Software Platform or the Host’s Media Channels; and
      3. in connection with the use, production and manufacturing of Promotional Materials. Promotional Materials must relate solely to the Host and must not convey the impression of coming from TSI.
    2. This clause 4 constitutes a licence for use only and is not a transfer of any ownership rights in the Licenced IP.
    3. A User, who is not a Host, has no interest in the Licenced IP other than as set out specifically in this Agreement and TSI retains all rights, title and ownership in the Licenced IP including all modifications, updates and improvements.
    4. Each Host agrees that the Host’s use of the Licenced IP and any goodwill resulting from the Host’s use will inure solely to the benefit of TSI and will not create any right, title or interest for the Host in the Licenced IP.
    5. The licence granted under this clause 4 does not include a right to assign or sublicense to third parties or other Users.
    6. Each Host acknowledges that nothing in this licence grants the Host any Intellectual Property Rights or Moral Rights in the Licenced IP.
    7. If the Host suspects or becomes aware of any infringement or unauthorised use of the Licenced IP then the Host must:
      1. immediately notify TSI of the infringement or unauthorised use; and
      2. take any action required by TSI in connection with the infringement or unauthorised use.
    8. TSI may add, remove, modify, suspend, substitute or replace any Licenced IP, in whole or in part, or any element or feature of the Licensed Uses in its sole discretion.
    9. All rights not specifically granted in this Agreement by TSI are expressly reserved.
    10. Each User must comply with all applicable laws, rules and regulations pertaining to the proper use and designation of the Licenced IP, especially trade marks.
    11. TSI has the right to prohibit any use by any User of the Licenced IP in TSI’s sole and absolute discretion, and any prohibited User must immediately cease and desist from using it on TSI’s request.
    12. A User must not use the Licenced IP in connection with any activity that is illegal or that defames, ridicules or disparages TSI or its associates, or that otherwise damages the reputation inherent in the Licenced IP.

  1. Payment

    1. The Platform Fee for each team will be transferred directly into TSI’s account via the STRIPE payment gateway when a Host clicks the ‘collect payment’ button for each Event.
    2. TSI may, in its sole discretion, vary the Platform Fee at any time and without any prior notice.
    3. Payment of Platform Fees must be made in the Currency, as agreed with TSI. If the Currency is not United States Dollars, the Host accepts all risks in relation to the costs associated with conversion to and from the Currency.

  2. Host Obligations

    1. A Host must:
      1. notify TSI immediately if the Host becomes aware of any errors in any Data;
      2. notify TSI immediately if the Host becomes aware of any attempt by a User to falsify or manipulate Data;
      3. ensure that all Players participate in the Sport in accordance with the Rule Book;
    2. Each Host is solely responsible for all costs and liabilities associated with this Agreement and the administration of the Sport by the Host.
    3. Each Host acknowledges that failure to comply with the Host’s obligations under clause 6.1 will result in immediate termination of the Host’s right to access and Use the Software Platform.

  3. Insurance and Waivers

    1. The Host must ensure that Governing Body of the Sport obtains and maintains industry standard general liability and professional liability insurance policies for the administration of and participation in the Sport by the Host and other Users.

  4. Nature of Relationship – Independent Contractor

    1. Each User who becomes a party to this Agreement by accessing and using the Software Platform is independent of TSI and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship between a User and TSI is intended or created by this Agreement.
    2. No party has any right or authority to assume or create any obligations of any kind or to make any representation or warranty on behalf of any other party, whether express or implied, and has no power or authority to bind any other party in any respect whatsoever.
    3. Host Associates must at all times be volunteers, employees, contractors or subcontractors of a Host and are not volunteers, employees, contractors or subcontractors of TSI. Each Host is solely responsible for any payments, compensation, taxes and benefits for its Host Associates.

  5. Term

    1. This Agreement commences on the date that a User is granted access to the Software Platform by TSI and continues unless terminated in accordance with the provisions of this Agreement.

  6. Termination

    1. This Agreement may be terminated by TSI immediately without notice if, in TSI’s sole and absolute discretion, a User:
      1. breaches any term of this Agreement;
      2. makes any misrepresentation or material omission in relation to Data entered into any User’s Profile;
      3. brings TSI into disrepute; or
      4. fails to comply with the Rules or any applicable law, rule or regulation.
    2. In the event of termination of this Agreement, the terminated User must discontinue using the Software Platform and all Licenced IP immediately.
    3. Termination of this Agreement will not affect any provision of this Agreement which is expressly or by implication intended to come into or remain in force on or after termination.

  1. Confidentiality

    1. No Use: Each User undertakes to TSI:
      1. not to use the Confidential Information in any way, except in the ordinary course of participating in or administering the Sport;
      2. to cease using the Confidential Information at the termination of this Agreement;
      3. to return all Confidential Information belonging to TSI to TSI if requested to do so; and
      4. to certify to TSI that it has not retained any copies of such Confidential Information.
    2. No Disclosure: Each User undertakes to TSI to use reasonable efforts to keep the Confidential Information secret and prevent any unauthorised disclosure of any Confidential Information to any person or entity.
    3. Each User acknowledges that:
      1. Confidential Information is at all times the property of TSI;
      2. nothing in this Agreement is to be construed as granting or implying:
        1. any transfer of ownership or title to any Confidential Information to a User; or
        2. any other or greater right in or to any Confidential Information than the limited right to use the Confidential Information for the express purpose of participating in and administering the Sport;
      3. a breach of this Agreement would be harmful to the business interests of TSI;
      4. monetary damages alone would not be a sufficient remedy for a breach of this Agreement; and
      5. in addition to any other remedy available in law or equity, TSI is entitled to injunctive relief, to prevent a breach of this Agreement and to compel observance of and compliance with its terms.
    4. This Clause 11 does not impose confidentiality obligations on a User concerning Confidential Information where the disclosure is:
      1. already publicly available;
      2. required by law;
      3. to a User’s legal or other advisers under a duty of confidentiality;
      4. to its employees, officers, financial advisers and bankers as the User reasonably thinks is necessary, but only on a strictly confidential basis; or
      5. expressly permitted by this Agreement.

  2. Acknowledgement

    1. The parties acknowledge and agree that:
      1. this Agreement is intended to be legally binding;
      2. each provision in this Agreement is severable and independent and does not affect the validity or enforceability of any other provision;
      3. they have freely entered into this Agreement after having the opportunity to carefully consider its contents and to obtain advice on the matters in this Agreement; and
      4. this Agreement terminates and supersedes any other oral or written agreements between the parties and constitutes an entire understanding and agreement between them in respect of its subject matter.
    2. Each User acknowledges that:
      1. TSI may suffer financial and other loss and damage if any unauthorised act occurs in relation to the Confidential Information and that monetary damages would be an insufficient remedy;
      2. in addition to any other remedy available at law or in equity, TSI is entitled to injunctive relief to prevent a breach of, and to compel specific performance of, clause 11;
      3. all monies paid to TSI by the Host prior to the Commencement Date Agreement are non-refundable.

  3. Waiver

    1. TSI’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
    2. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
    3. A waiver is not effective unless it is in writing.
    4. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.

  4. Notices

    1. A Notice to TSI has no legal effect unless it is in writing and is sent to:
      Attention: Company Officer
      Email: info@tagseriesofficial.com
    2. A Notice to a User may be given in writing and sent to the email address associated with the User’s Account.

  5. Applicable Law and Jurisdiction

    1. The laws of Australia apply to this Agreement, and the Courts of Australia have non-exclusive jurisdiction to hear and determine matters arising out of or in connection with this Agreement.
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