1. User Agreement
a. By creating a System Account and/or accessing the System, you accept these terms and conditions (“Agreement”) and our Privacy Statement. This agreement is between you and the Crown in right of the State of New South Wales acting through the Office of Sport (referred to in this Agreement as “we”, “us” or “our”). The system is operated by us.
b. You agree to take responsibility for the safekeeping of your username and password. You are liable for any use or misuse of your System Account using your username and/or password, whether or not such use has been authorised by you. We may suspend or cancel your account at any time without prior notice.
2. Account Creation and User Requirements
a. Creation of a System Account is required in order to register for a program or event.
b. To complete your System Account creation, you must provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
c. You must only sign up for a System Account with your own email address. You must not use an email address that is shared or accessible by others.
d. It is an offence to make a false or misleading statement in relation to creating your System Account under the Crimes Act 1900 (NSW).
e. You may request to have your System Account made inactive at any time. All requests must be received in writing.
3. Access and use of the Website
a. Once you have established your System Account, you will be able to use it to register for a program or event operated, delivered or facilitated by us.
b. You must only access your System Account through the interfaces provided by us, only by using the username, password and authentication details which you have specifically chosen and in accordance with these terms and any applicable law.
c. It is an offence to make a false or misleading statement in relation to any registration request for a program or event under the Crimes Act 1900 (NSW).
d. You must not or must not attempt to:
i. permit any other person to use your username and/or password;
ii. disclose your password to anyone else;
iii. access or seek to access any other person’s System Account;
iv. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
v. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
vi. interfere (or attempt to interfere) with security-related or other features of our site; or
vii. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
e. We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including registrations and payments made using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
f. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
g. We will take reasonable care in providing information and services through the System. However, we do not warrant that the System is error free, or that any defects in it will be rectified, or that you will have continuous access to your System Account.
h. If the System is not available for any reason, you can communicate directly with us by telephone between 9am and 5pm (Sydney time), Monday to Friday.
4. Information on this Website
a. You agree to make your own enquiries to verify information provided and to assess the suitability of programs or events before registering for them.
5. Disclaimer and Liability
a. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the System including, but not limited to, loss or damage you might suffer as a result of:
i. errors, mistakes or inaccuracies on the System;
ii. you acting or not acting, on any information contained on or referred to on the System and/or any linked webpage (including social media networks);
iii. personal injury or property damage of any nature resulting from your access to or use of the System;
iv. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
v. any interruption or cessation of transmission to or from the System;
vi. any bugs, viruses, trojan horses or other harmful code;
vii. communications which may be transmitted to or through the System by any third party; and/or
viii. the quality of any product or service of any linked sites.
b. Where any law (including Federal and State Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
c. Except as required by law, in no event shall we, the NSW Government, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with the System or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, the NSW Government, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
6. Indemnity
a. You will at all times indemnify, and keep indemnified, us and our officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
7. Registering for Programs and Events
a. You are responsible for all registrations made through your System Account, including for any discrepancies or errors caused by you.
b. The promotion of programs or events on the System or any linked webpage does not constitute an offer to sell. It is an invitation only.
c. Registration requests made by you are offers to purchase attendance at the particular program or event under the specific registration terms and conditions applying to that program or event at the price specified (including additional or other charges).
d. We may reject your registration request in circumstances where, including but not limited to, we believe there may be payment fraud, if there has been an error in the price or program or event description on the System or other linked webpage or where a program's or event's terms and conditions permit us to.
e. Once a registration request is confirmed, you are unable to cancel or change it except in accordance with the terms and conditions applying to that program or event.
f. In the event that we cancel a program or event, we will provide a refund or transfer in accordance with the respective registration conditions applicable to that program or event.
8. Price and Payment
a. The prices of programs, events and other charges shown are in Australian dollars.
b. All payments must be received in full before a registration request can be confirmed. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not process your registration request.
9. Intellectual Property
a. All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the System is either owned, controlled, or licensed to us, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
b. Other trademarks used on the System that belong to third parties are used with permission and remain the intellectual property of the third party.
c. You may not:
i. modify or copy the layout or appearance of the Website nor any computer software or code contained in the System; and/or
ii. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to System.
10. General
a. You must use your System Account only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the System by any third party. This includes conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to the System.
b. You must not post or transmit via the System any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.
c. We may change, add or remove any functionality of the System, or make changes to this Agreement at any time. If those changes affect your rights or responsibilities, we will notify you and you will be asked to accept the new terms and conditions. If you are notified of new terms and conditions, you must accept these before you will be able to access your System Account.
d. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
e. This Agreement constitutes the entire agreement between us and you in connection with the System and your System Account.
f. This Agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts of New South Wales.
g. If any part of this Agreement is found to be void, unlawful or unenforceable then that part, where possible, will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
h. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
11. Privacy and Personal Information
a. If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information.
b. We have responsibilities relating to the security of your System Account information and will use all reasonable endeavours to meet these responsibilities.
c. Your System Account information can only be accessed by employees who are authorised to access this information. All access by us to System Accounts is monitored by us and employees are trained about their privacy obligations.
d. We will use all reasonable endeavours to ensure that your information is accurately recorded and not corrupted or changed.
12. Contact and Complaints
a. The System helpdesk operates Monday to Friday between 9 am and 5 pm (Sydney time).
b. Call 13 13 02.
c. If you would like to provide feedback on the quality of our services, you can email bookings@sport.nsw.gov.au.