These terms and conditions govern the use of the MASKOT App, the website www.MASKOT.co as well as the password protected interface on the website referred to as the Dashboard. These three elements were developed by MASKOT SYstems Pty Ltd and are collectively referred to as MASKOT. A reference in this document to MASKOT is a reference to any or all of these 3 elements.
These terms and conditions ("Terms") govern all Users (defined as "User", "you" and "your") that:
- carry out an admin role on the MASKOT App and or www.MASKOT.co ("Admin"). For the purpose of these terms an Admin includes the entry of information into the Dashboard.
- have accessed the Dashboard via www.MASKOT.co
- have utilised any features of MASKOT or MASKOT’s Products offered through MASKOT.
Your access to and use of the information, materials and services provided on MASKOT is conditional upon your acceptance and compliance with these Terms.
Depending on what level of service you choose, there may be other terms that govern your relationship with MASKOT in conjunction with these Terms.
MASKOT is owned and operated by MASKOT Systems Pty Ltd defined as ("MASKOT", "we", "us" and "our").
Your continued use of this Site will be deemed as acceptance of these Terms by you.
Variation of Terms
- MASKOT may vary these Terms at any time. If MASKOT varies these Terms, it will provide notice by publishing the varied Terms on MASKOT.
- You accept that by doing this, MASKOT has provided you with sufficient notice of the variation to its Terms.
- Payments made in MASKOT are made using MASKOT's payment system, MASKOTPay ("MASKOTPAY").
- MASKOTPAY requires all Admin users to enter a valid Credit Card into MASKOTPAY and this credit card will be debited the intiial set-up fee and the ongoing monthly fee as disclosed at the time of joining.
- Payment for monthly usage fees will, where practicable, be debited from the Credit Card on the same day each month, as referenced to the day the User entered the Agreement, or as varied at MASKOT's discretion. Such payment will be made automatically through MASKOTPAY.
- In the event of a payment failing to be processed for whatever reason, all amounts owing to MASKOT must be paid within 14 days of the date of invoice.
- You are obliged to pay for the services that MASKOT agrees to provide you regardless of whether you utilise or fully utilise those services. If you do not provide MASKOT with the necessary materials or information for MASKOT to deliver these services to you, you are still liable to MASKOT for full payment.
- Payments for set up fees must be paid immediately before access to MASKOT will be granted.
- MASKOT may charge you interest on late payments at its applicable bank interest rate plus any costs we incur as a result of collecting your payment.
- If you do not pay your account on time MASKOT may disable your account without notice and refuse to supply further services to you.
- You agree that pursuant to the Privacy Act 1988 (Cth), MASKOT may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.
- You agree that MASKOT may disclose this information to a credit reporting agency or any other interested person.
- MASKOTPAY charges a flat 3.75% processing fee on all transactions through MASKOTPAY. The processing fee is deducted from the payment when the payment is made. The processing fee is deducted from payments including but not limited to payments made by sponsors as well as payments made by players.
- The MASKOT App is free to download and use as a player or supporter and MASKOT only charges a 3.75% processing fee on patments wqhen made through MASKOTPAY.
Sponsorship and offers
- All offers provided by you shall be legal and approved by the Sponsor.
- All offers and advertisement must comply with the relevant laws and codes in your state, including for provision of alcohol.
- You are fully responsible for the content that you place on MASKOT, and fully indemnify MASKOT from all liability in respect of any offer, promotion, activity or use of MASKOT by any person who accesses you content or offers.
Privacy and data
- We collect the content and other information you provide when you use our Services, including when you sign up for an account, create or share, and message or communicate with others. We also collect information about how you use our Services, such as the types of content you view or engage with or the frequency and duration of your activities.
- If you use our Services for purchases or financial transactions (like when you buy something using MASKOTPAY), we collect information about the purchase or transaction. This includes your payment information, such as your credit or debit card number and other card information, and other account and authentication information, as well as billing, shipping and contact details.
Intellectual Property Rights
- MASKOT retains all intellectual property rights subsisting in any of the goods and services provided to you by MASKOT.
Limitation of Liability and Disclaimer
- MASKOT provides no warranty to you that services generally available through MASKOT will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of MASKOT.
- In the case of goods or services supplied or offered via MASKOT, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
- Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
- MASKOT accepts no responsibility or liability for any errors in your content (including sponsor content) and you must check your content for errors as soon as they are placed on MASKOT.
- MASKOT agrees to use reasonable efforts to publish your content in the shortest possible time.
- MASKOT cannot and does not guarantee or warrant to you that files available for downloading through MASKOT or delivered via electronic mail through MASKOT, or features and products available through MASKOT, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to MASKOT for the reconstruction of any lost data.
- MASKOT acts as a medium through which individuals, clubs, organisations, sporting teams and companies can engage with each other. MASKOT does not vet, nor is it responsible for vetting, users.
- You warrant and agree that:
- you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
- advertisements and other content posted on MASKOT do not breach the intellectual property rights of any third party;
- all files delivered to MASKOT will be free of infection or viruses;
- you will not use MASKOT for any illegal purpose;
- you will not use MASKOT or any features of MASKOT or products offered on MASKOT to upload, download, transact, store or make available data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, abusive violent, obscene, invasive of another's privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to MASKOT, MASKOT users or persons generally.
- You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without MASKOT's prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
- You indemnify and will keep indemnified MASKOT, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by MASKOT in connection with:
- any breach of these Terms or the Product Terms by you;
- any negligent act or omission by you;
- the listing or proposed listing of any content by you on MASKOT or any related site; or
- an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of your content appearing on MASKOT.
- You agree at all times to deal with any information or products provided by MASKOT or accessed from MASKOT in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
- Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.
- You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without MASKOT's prior written approval.
Authority to store and retain information
- You expressly authorise MASKOT to store and retain all content and information submitted to MASKOT.
Access to the Dashboard
- Your access to the Dashboard (and the functionality contained therein) will be via a secure login username and password issued to you by MASKOT (the Password). You are responsible for:
- Protecting the username and password and ensure only authorised users are able to access the Dashboard;
- supervising the use of the Dashboard by the authorised users, and ensuring that such use is consistent with the guidelines outlined below under the heading 'Use of Dashboard”; and
- ensuring that any Password provided to authorised users is kept secure and confidential.
- You are responsible for the use of the Password issued by MASKOT to enable users to gain access to the Dashboard, whether the use is by authorised users or any other person. Any act or omission by an authorised user in respect of the use of the Password and/or the use of the Dashboard that breaches these Terms will be deemed a breach of these Terms by you.
- MASKOT may be required to undertake maintenance and upkeep of MASKOT from time to time. MASKOT will endeavour to limit any 'downtime' to periods outside of ordinary business hours. MASKOT provides no warranty to you that services generally available through MASKOT will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Dashboard.
Licence to use data
- Except for information that is 'personal information' (as that term is defined in the Privacy Act 1988 (Cth)), all data stored on MASKOT on behalf of the User is owned by the User, and not MASKOT.
- The Employer hereby grants MASKOT a perpetual, non-exclusive, irrevocable licence to use any stored data to:
- manage internal reporting requirements;
- collate statistical information about use of MASKOT and submission of online applications;
- analyse user behaviour on MASKOT;
- obtain and analyse high level trends and prepare reports relating thereto; and
- generally improve the candidate user experience.
- MASKOT reserves the right to terminate your agreement with MASKOT if you post any content or utilise any feature of MASKOT or MASKOT Product in any way which is in breach of any of these Terms. Further, MASKOT reserves the right to, in its absolute discretion, reject or remove any content from MASKOT for any reason.
- Termination of our agreement with you as a result of you breaching any one or more of these Terms, will not end provisions of these Terms that are capable of surviving termination.
- These Terms are governed by the laws of New South Wales. Users irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New South Wales, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.