MyClubtap

MyClubtap - Terms of Service

The following terms of service are applicable to everyone using MyClubtap fantasy sport platform. By using our platform, you agree to be bound by these terms of platform service, conditions and privacy policy which combine to constitute the overall terms of our services.

Version dated Oct 14 2020

The Terms of Service, Terms and Conditions and Privacy Policy are a legal agreement between you ("You), the user of this website myclubtap.com and MyClubtap ("Club Fantasy Square Pty Ltd"), the owner and right holder of the website and provider of the Platform. We recommend that You read them carefully.

MyClubtap may revise these terms and conditions from time to time, with clear update date provided on this website page. We recommend you to review the platform periodically and take note of any updates. If You do not agree with the set terms, conditions and privacy policy, you should not or immediately cease your access of the platform. All use of our platform is governed by the set terms, conditions and the listed privacy policy.

Our Contract: Platform Service for Clubs, Leagues and Associations

MyClubtap provides sports (cricket) clubs, leagues and cricket associations with the platform to get an online fantasy sport game of their own. The platform is free to join and set-up for every cricket club, league and association, with the ability to run their fantasy games with basic features for free on MyClubtap or pay and use available premium add-ons to use premium features of the platform (optional) for their fantasy game, ability to fundraise (for Clubs in Australia only) and access to all basic features included in the basic activation of their fantasy game and all free add-ons.

All fantasy games are active for the duration of the cricket season as set in the start and end date/time by the game administrator, with the game data being cleared 45-days after at the end of the game or as determined by MyClubtap, to perform a reset for the next season of the game. All empty fantasy games with no activity within the first 45 days since the date of signup are removed from the platform.

All fantasy games can be removed in the following year if no confirmation has been received from the respective clubs and associations of their willingness to continue using the platform, within 45-days after the end date of their current game.

Fundraising For Clubs

Wherever applicable, Clubs could use their fantasy game as a fundraiser on their end.
Management of all fundraising activity is solely the responsibility of the club(s).
MyClubtap currently does not provide the option to collect fees for any fantasy game(s) on our platform.

MyClubtap provides a ready-to-use fantasy platform for sports (cricket) clubs, leagues and tournaments, which is fully managed and run by the club or league. By using our platform, you acknowledge and agree that MyClubtap is not responsible for any failure of the platform to store your data, corruption and/or loss of any data, information and/or any other content. You permit to grant MyClubtap the non-exclusive, worldwide, royalty free rights to an open fantasy game of the clubs on the platform.

MyClubtap reserves the right to disclose any data or information in so far as it is required to uphold MyClubtap terms, abide by the law, comply with any court orders, complying with the law, defending itself in legal proceedings and in defence of national or public security matters.

Your account and personal information

When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any errors made as a result of such information being inaccurate
You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

Free MyClubtap membership

Payment for use of MyClubtap platform is $0 and any Fundraiser fees raised by Club mode fantasy game is done for and by the respective Club, who are solely responsible for amount charged.
You do not have to take any action for this to apply. By accepting these terms and conditions, you do instruct us to start immediately / give you immediate access / provide the MyClubtap platform. You know that by doing so, you may not be entitled to a refund.
Other than the limitation set out above access to MyClubtap platform is non-refundable and non-transferable.
Apart from your cancellation right, termination of Service will be regulated by this contract set out in termination para below.
We reserve the right to modify the MyClubtap platform and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the MyClubtap platform after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those Posted here on Our Website on the day you join as a member.

Security of your credit card

We take care to make Our Website safe for you to use.

Card payments on the game admin portal are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic payments or other transactions which you have initiated.

How we handle Your Content

Our privacy policy is strong and precise. It complies fully with current law.
If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act1968.
You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Please notify us of any security breach or unauthorised use of your account.
We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it.

Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall cooperate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

be unlawful, or tend to incite another person to commit a crime;
consist in commercial audio, video or music files;
be obscene, offensive, threatening, violent, malicious or defamatory;
be sexually explicit or pornographic;
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
be used to sell any goods or services or for any other commercial use not intended by us, for you or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
facilitate the provision of unauthorised copies of another person's copyright work;
link to any of the material specified in this paragraph;
use distribution lists that include people who have not given specific permission to be included in such distribution process;
send age-inappropriate communications or Content to anyone under the age of 18.

Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

hyperlinks, other than those specifically authorised by us;
keywords or words repeated, which are irrelevant to the Content Posted.
the name, logo or trademark of any organisation other than yours.
inaccurate, false, or misleading information.

Removal of offensive Content

For the avoidance of doubt, this paragraph is addressed to any person who comes to Our Website for any purpose.
We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police internet-related activities. However, we may do so without notice to you and without giving you a reason.
If you are offended by any Content, the following procedure applies:
1. your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
2. we shall remove the offending Content as soon as we are reasonably able;
3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
4. we may reinstate the Content about which you have complained or we may not.
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
download any part of Our Website, without our express written consent;
collect or use any product listings, descriptions, or prices;
collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
share with a third party any login credentials to Our Website;
Despite the above terms, we now grant a licence to you to:
1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
2. you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

Termination

You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on Our Website and submitting it. We reserve the right to check the validity of any request to terminate membership
We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
If you terminate, we shall not have any residual liability or obligation to you.
Termination by either party shall have the following effects:
1. your right to use the MyClubtap Service immediately ceases;
2. we are under no obligation to forward any unread or unsent messages to you or any third party;
Whether we or you terminate this agreement, you are not entitled to any refund of any clubs premium leaderboard joining fee.
At any time if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement, we reserve the right to terminate any and all parts of the MyClubtap Service without refunding to you any fees paid.

Your claims: defamation and intellectual property

It is not possible for MyClubtap, nor within scope of our policy, to read and assess every piece of Content Posted by others on Our Website. Accordingly, we operate on the basis that we remove any offending material as soon as we are reasonably able, after we receive notice of a claim or complaint. This procedure is subject to:

The claim or complaint being submitted to us in the form available on Our Website, or containing the same information as that requested in our form.
The claim or form being submitted to us by post or through the web mail contact system on Our Website.
Our follow-up investigation of your complaint.
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

Copyright and other intellectual property rights

All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or partners. It is all protected by international copyright laws.
You may not copy, or in any way exploit any of the Content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

Interruption to the MyClubtap Service

We give no warranty that the MyClubtap Service will be satisfactory to you.
We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Membership Service for repairs, maintenance or other reason. We may do so without telling you first.
You acknowledge that MyClubtap Service may also be interrupted for reasons beyond our control.
You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to MyClubtap Service.

Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:

your use of the MyClubtap Service;
the breach or violation of this agreement by you;
the infringement by you, or by any other User of the MyClubtap Service using your computer, of any intellectual property or other right of any person or entity;
your failure to comply with any law;
a contractual claim arising from your use of our Membership Services and purchase of a Product.

Disclaimers about the MyClubtap Membership Service

Your use of the MyClubtap Membership Service is without any warranty or guarantee.
Where we provide a Service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of any such service.
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Products and services described on the website, at any time and without notice to you.
You are advised that Content may include technical inaccuracies or typographical errors.
Our Website contains links to other websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
The MyClubtap Website Services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
1. of satisfactory quality;
2. fit for a particular purpose;
3. available or accessible, without interruption, or without error.

Disclaimers about Partner Products

All of the Content on Our Website relating to any Product has been provided by a Partner sponsor. We do not accept responsibility for the accuracy of any claim or advertisement.
We make no representation, warranty or other provision with regard to the Products and you acknowledge that you do not rely on any made by us, but solely on your contract with a Seller.
So far as concerns Products you buy through Our Website, we are not liable for:
1. any Product complying with the requirement of any law or being available;
2. the Seller performing his contract.
We give no warranty, representation or undertaking whatever as to the continuing business of a Seller or that any Product sold by a Seller will work or be useful or will be suitable for you.
You now expressly release MyClubtap from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Seller.

Miscellaneous matters

You undertake to provide us your current land address, e-mail address, telephone number if you subscribe to our Membership Service, as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
For the purposes of the Privacy Act 1988 as amended you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country.
If you are in breach of any term of this agreement, we may:
1. publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
2. terminate your account and refuse access to Our Website;
3. remove or edit Content, or cancel any order at our discretion;
4. issue a claim in any court.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
1. if delivered by hand: on the day of delivery;
2. if sent by post to the correct address: within 72 hours of posting;
3. If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
This agreement does not give any right to any third party.
We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
The validity, construction and performance of this agreement shall be governed by the laws of State of Victoria, Australia.

Acknowledgement : Icons - Features, Pricing

Icons made by Freepik from www.flaticon.com.