Terms and Conditions of Use (Clubs)
By registering or using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms.
1. Definitions
Unless the context otherwise requires, the following words and expressions have the meanings set out below:
Affiliate means any entity that directly or indirectly controls, is controlled by or is under common control with a Party.
Australian Consumer Law or "ACL" means Schedule 2 to the Competition and Consumer Act 2010 (Cth) and any amendments thereto.
Buyer means a registered user of the Platform who makes requests or purchases Products and Services.
Content means all pages, images, text, documents, or other materials uploaded to the Platform, including content provided by TSC Connect.
Fees means the fee relating to these Terms or a Transaction, payable by the Club to The Sports Corp Pty Ltd or its agent, being a flat rate of twenty percent (20%) of the total dollar value of the Products and Services agreed to between the Club and the Supplier through the Transaction.
Force Majeure Event means any event or circumstance beyond the reasonable control of a Party.
Intellectual Property means all rights in and to trademarks, copyrights, patents, designs, logos, trade secrets, software and other proprietary rights, whether registered or unregistered.
Mediator means a neutral third party appointed to facilitate the resolution of a Dispute under the dispute resolution process found in these Terms.
Member means a person or entity registered on the Platform including a Supplier and Buyer, and who has agreed to be bound by these Terms.
Offer means a proposal submitted by a Supplier in response to a Tender.
Payment Gateway Provider means a third-party payment provider.
Platform means the online marketplace owned and operated by The Sports Corp Pty Ltd (d.b.a. TSC Connect).
Product means any goods specifically listed on the Platform by a Supplier.
Purchase Price means the price payable for a Product.
Purchase Services means the services provided through the Platform to enable a Member to browse, request, Tender, or purchase Products or Services.
Services means any services offered by Businesses listed on the Platform.
Supplier means the business, company, or individual that registers on TSC Connect to offer Products or Services.
Terms means these Terms and Conditions, as amended from time to time.
The Sports Corp Pty Ltd means TSC Connect and its agents or affiliates.
Transaction means the agreement reached between a Buyer and a Supplier via the Platform for the supply of Products or Services.
Unauthorised Use means any use of the Purchase Services by a person or Member not expressly permitted under these Terms, including fraud or hacking.
Warranty means any guarantee statutory or otherwise, including those under the ACL.
Warranty Period means the period during which a Supplier's warranty obligations apply, as set out in the Terms or as specified by the Supplier.
You or Your means a Member of the Platform, whether a Buyer, Supplier, or Club.
2. About the Website
TSC Connect is an online marketplace that allows Clubs to request and purchase Products and Services. By continuing to use the Website, you understand and agree that you will be bound by these Terms. If you do not agree with the Terms, you must stop using the Website or any of its Services.
The Sports Corp Pty Ltd reserves the right to change any of the Terms at its sole discretion by updating this page. The Sports Corp Pty Ltd will endeavour to provide you with notice when changes are made.
3. Acceptance of the Terms
You accept the Terms by remaining on the Website, creating an Offer or Tender, or transacting via the Platform. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available by The Sports Corp Pty Ltd.
4. Registration to use Purchase Services
In order to access the Purchase Services, you must first register on the Website. As part of the registration process and part of your continued use of the Purchase Services, you may be required to provide personal information including, but not limited to:
- Company's name
- Director's detail
- Company Registration number (ACN and/or ABN)
- Email address
- Mailing address
- Telephone number
- Preferred username
- Password
You represent and warrant that any information you give to The Sports Corp Pty Ltd in the course of completing the registration process will always be accurate, correct, and up to date. As a Member, you agree to be bound by these Terms. If you are not a person with authority to enter into a binding contract with The Sports Corp Pty Ltd, you cannot use the Purchase Services.
5. Your obligations as a Member
As a Member, you agree to comply with the following:
- You will use the Purchase Services for purposes that are permitted by the Terms and any applicable law.
- You have the sole responsibility for protecting the confidentiality of your password. Unauthorised Use of your registration information by any other person is strictly prohibited.
- You agree to notify The Sports Corp Pty Ltd immediately of any Unauthorised Use of your password or email address.
- You acknowledge and agree that any and all Products and Services through the Platform are exclusively dealt with by you and the Supplier.
- You agree you will not harass, impersonate, or deceive Suppliers with whom you deal with Products and Services.
- You will not use the Purchase Services or Website for any illegal or unauthorised use.
- You agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from the Website without notice.
6. Agreement and Fees Payable
Both the Club (Buyer) and Supplier agree that Transactions must be conducted and finalised through the Platform. Upon finalisation of an agreement through the Platform, The Sports Corp Pty Ltd will issue an invoice to the Club for the applicable Fees.
The Fees will be charged at a flat rate of twenty percent (20%) of the total dollar value of the Products and/or Services agreed to between the Club and the Supplier through the Platform. All Fees are payable in lawful Australian currency (AUD) and will be specified in the invoice.
The Club agrees that payment of the Fees is a condition of agreement being reached between the Club and the Supplier via the Platform. Failure to make payment within the required timeframe may result in termination of access to the Platform.
7. Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of The Sports Corp Pty Ltd are subject to copyright. Unless otherwise indicated, all rights, including copyright in the Content and compilation of the Website are owned by or licensed to The Sports Corp Pty Ltd.
The Sports Corp Pty Ltd retains all rights, title and interest in and to the Website and the Purchase Services. You must not, without the prior written permission of The Sports Corp Pty Ltd, use the Content for any purpose, upload to a third party, or replicate. This prohibition does not apply to Content that is freely available or in the public domain.
8. Privacy
The Sports Corp Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Purchase Services is subject to the Company's Privacy Policy.
9. No Warranty
The Sports Corp Pty Ltd does not provide any Warranty regarding Products, goods or Services supplied by Suppliers on the Platform. All Products, goods, or Services listed on the Platform are supplied directly by the Supplier. It is the Supplier's responsibility to prove their compliance with specifications.
You acknowledge and agree that compliance with specifications are matters solely between the Club and the Supplier. The Sports Corp Pty Ltd is not liable for a refund or any other remedy if a Supplier fails to meet its obligations under an agreement.
To the maximum extent permitted by law, The Sports Corp Pty Ltd excludes liability for any loss, damage, cost or expense arising from or in connection with any Product, good or Service.
10. General Disclaimer
You acknowledge that The Sports Corp Pty Ltd does not make any representations or warranties regarding the Content or the Products or Services listed on the Website.
Nothing in these Terms is intended to exclude or limit any rights, remedies, or guarantees implied or imposed by law, including the Australian Consumer Law.
Subject to this clause, and to the extent permitted by law:
- All risks are at your own risk.
- The Sports Corp Pty Ltd does not make any express or implied warranties about its Content or any Products or Services.
- The Sports Corp Pty Ltd is not liable for any loss or damage you might suffer as a result of: any reliance placed on the Content; an illegal, unlawful, or harmful third-party product or service; any failure to comply with instructions of any kind; or any defamatory, offensive or illegal conduct by any Member.
- The Sports Corp Pty Ltd will not be liable for any indirect or consequential loss or damage, loss of profit, loss of good will or loss of opportunity.
11. Limitation of Liability
The liability of The Sports Corp Pty Ltd will be limited to the fullest extent permitted by law. The Sports Corp Pty Ltd will not be liable for any indirect, incidental, special or consequential damages, or any loss of profit or loss of good will. This includes loss or damage of any kind arising out of or in connection with any Content posted on the Website or otherwise in connection with the Purchase Services.
12. Termination of Contract
The Terms will continue to apply until terminated by either you or The Sports Corp Pty Ltd.
Termination by You
If you want to terminate the Terms, you may do so by providing The Sports Corp Pty Ltd with written notice of your intention. Termination is effective only after you have met your obligations under the Terms.
Termination by The Sports Corp Pty Ltd
The Sports Corp Pty Ltd may at any time terminate the Terms if:
- You have breached a provision of the Terms or intend to breach a provision.
- The Sports Corp Pty Ltd is required to do so by law.
- The provision of the Purchase Services to you is no longer commercially viable in the opinion of The Sports Corp Pty Ltd.
The Sports Corp Pty Ltd may suspend or deny you access to all or any portion of the Website or the Purchase Services at any time.
Survival
Any rights, obligations, and liabilities that have accrued before termination shall remain unaffected.
13. Indemnity
You agree to indemnify The Sports Corp Pty Ltd, its Affiliates, and third-party Content providers against any loss, damage, costs, or expenses incurred, suffered, or arising out of or in connection with:
- Any Content you post through the Website.
- Any breach by you or your agents of the Terms.
14. Venue and Jurisdiction
The Purchase Services are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the matter will be subject to the jurisdiction of the courts of Victoria, Australia.
15. Governing Law
The Terms and any proceeding or claim arising out of or relating to them shall be governed, construed, and enforced under and pursuant to the laws of Victoria, Australia.
16. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the remainder of the Terms shall remain in full force and effect.