1.1. The DEVELOP YOUR LEGACY® website (“the Website”) is maintained by Sports Auckland (a charitable trust called Auckland Central Sports Trust) and its related companies, employees and agents (collectively, “we”, “our” or “us”) for the information, education and use by any registered or unregistered users of the Website (collectively, “you” or “your”). Please feel free to browse the Website.
1.2. By accessing, using and browsing the Website, you confirm that you have read and accept, without limitation or qualification, the terms, conditions, notices and policy outlined in this document (“Terms”). If you disagree with the Terms or any part of the Terms, you must not use our Website. If you register with our Website or use any product or service from our Website, we will ask you to expressly agree to these Terms.
1.3. The material on the Website resides on a server hosted by Amazon Share Serve in Sydney, Australia and is controlled and operated from our office in Auckland, New Zealand.
1.5. The Terms are divided into the following parts:
(a) general provisions about the Terms;
(b) a disclaimer of liability;
(c) your use of the Website and licenses to use content, including our templates;
(d) Terms governing login to the site and
(e) general and interpretive provisions.
2. Changes to the Terms
2.1. We may make changes to these Terms from time to time. As such, we encourage you to review these Terms regularly so that you stay informed about the Terms which apply to your use of the Website. We will make these changes without notice to you.
2.2. Your continued use of the Website means that you agree to these Terms, and any changes we may make to them.
3. Application of the Terms
3.1. These Terms apply only to your use and access of the Website, as well as your submission of any material or communication to us through the Website and your use of the Content and Templates. For the purposes of these Terms:
(a) Content means all site design, information, data, text, code, software, music, sound, images, graphics, artwork, video/audio communications and material, multimedia content, templates, digital downloads, interfaces, logos, button icons, communications, or any other material as well as the selection, arrangements or compilation thereof on the Website; “your Content” means Content submitted by you to the Website.
(b) Templates means documents created by us or our licensors which relate to the management, organization and running of a sports club.
(c) Derivatives means any Templates which have been amended by a club, registered user, club member or club officer.
(d) Intellectual Property Rights means any current or future patent, design, copyright, trade mark, trade name, know-how, business name, symbol, device, colour scheme, data, confidential information and all other intellectual property rights whether or not registered and whether or not capable of registration.
3.2. These Terms do not apply to your use of websites, links or files that we do not own or operate, but to which the Website may link.
PART B: DISCLAIMER OF LIABILITY
4. Legal and financial information
4.1. Some of the information and documents on this Website relate to legal and financial matters which may be relevant to your club or policy matters which are connected with legal matters such as recruitment or child protection. For example, a constitution for your club if it is an incorporated society, or a child protection policy. Although we have compiled the information with best practices in mind based on a general knowledge of the legal position, the particular circumstances relating to your organisation may affect the law that applies, and the way that that law applies.
4.2. For certain templates available on the Website, we therefore recommend that you seek advice from a lawyer or accountant or other appropriate adviser, who can advise how the information on our Website should apply to your own situation. You should also not assume that all of the relevant legal material or information about accounting requirements is included on our Website.
4.3. The law and accounting practice changes constantly and legal and financial information is always liable to become out-of-date.
4.4. For all of these reasons, you must not rely upon any information on this Website, and we recommend that you take professional legal advice before embarking upon any course of action (or omitting to take any action) that has or may have legal implications.
5. Exclusion of warranties, representations and guarantees
5.1. While we have attempted in good faith to ensure that all the Content contained on the Website is accurate at the time it is included, we make no representation or warranties as to its completeness, reliability or accuracy. In particular, we do not warrant, represent or guarantee:
(a) the accuracy of the information published on the Website;
(b) the completeness of the information published on the Website;
(c) that the information published on this Website is up-to-date; or
(d) that the information on the Website can be applied to achieve any particular result.
5.2. You use the Website and the Content at your own risk. The services, products and the Content on the Website are provided “as is” and without warranties of any kind, whether express or implied. To the maximum extent permitted by law, we disclaim all warranties (express or implied) including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
5.3. To the maximum extent permitted by applicable law we exclude all representations, warranties and guarantees relating to this Website and the use of this Website (including, without limitation, (express or implied) including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement) any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
6. Limitations and exclusions of liability
6.1. Nothing in these Terms will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
6.2. The limitations and exclusions of liability set out in this section 6 and elsewhere in these Terms: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Terms or in relation to the subject matter of the Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
6.3. To the extent that the Website and the information and services on the Website are provided free-of-charge, we will not be liable for any loss or damage of any nature and you release us from all and any liability for using or not using services and/or the Content on the Website.
6.4. To the maximum extent permitted by law, neither we nor our suppliers, licensors or any other party involved in creating/delivering the Website shall be liable to you or any other person for any direct, indirect, punitive, incidental, special, consequential loss or other damages whatsoever or however arising out of or in any way connected with your access to, use of, or your inability to use, the Website, the Content or any products and/or services provided on the Website, even if we have been notified of the possibility of such damages. The losses and/or damages which we are not liable to you for will include:
(a) any losses arising out of any event or events beyond our reasonable control;
(b) any business losses;
(c) any loss of or damage to profits, income, revenue, or anticipated savings;
(d) any loss of use or production;
(e) any loss of management time or office time;
(f) any loss of business, contracts, commercial opportunities or goodwill;
(g) any loss or corruption of any data, database or software; and
(h) any special, indirect or consequential loss or damage.
6.5. Our maximum liability for breach of implied warranties, conditions or undertakings which cannot in law be excluded or any other breaches of these Terms by us is limited to $100.00.
6.6. We will not be liable to you in respect of any losses arising out of any acts or omissions of any hosting services provider, payment services provider or other third party services provider.
6.7. You acknowledge and agree that we are not responsible in any way for any interaction that occurs between you and any other user of the Website.
7. Third party content and links
7.1. You acknowledge that some of the information published on this Website is submitted or provided by users, our partner organisations (for example, Sport New Zealand) and other third parties. We do not take editorial responsibility for such information. You further acknowledge that we may need to seek further permission from these third parties if you wish to use it for any purpose not expressly permitted by these Terms.
7.2. The Website may include features allowing for the publication of comments, reviews and/or feedback relating to you, by others, on our Website. You agree to such publication (if available). You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback. < /p>
7.3. The Website may contain links to other websites, material or files on the internet that are owned, operated and supplied by someone other than us. We provide these links solely for your convenience, and such appearance does not imply our endorsement, nor are we responsible for the content of any such linked sites, material or files. You access such linked sites at your own risk.
8. Website availability
8.1. Neither we nor any of our licensors or suppliers warrants that your use of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or other harmful components.< /p>
8.2. From time to time the website or features of the Website may be unavailable. Such unavailability may be the result of defects in the website software, scheduled or emergency maintenance procedures, or failures of third party service providers.
8.3. While we will use reasonable endeavours as far as we are able to within our control to make the Website available, we do not commit to ensuring that the Website will be available at any particular time. We assume no responsibility for any error, omission interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of your use of the Website or any other third-party websites through hyperlinks. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software failure of any communication with us on account of technical problems or congestion on the internet or at any website(s), or any combination of the above, including any injury or damage to you or any other person’s computer related to or resulting from use of the Website.
8.4. We hope that the Website will be a useful tool for you and future generations of people involved in clubs. However, we cannot predict what future circumstances may affect our provision of the Website and therefore, we do not commit to ensure that the Website will continue to be published in the future.
PART C: YOUR USE OF THE WEBSITE AND LICENSES TO USE CONTENT AND TEMPLATES
9.2. You understand and agree that any Content, whether publicly posted or privately transmitted or uploaded to your club cloud is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for any and all of the Content that you upload, post, email or otherwise transmit onto the Website (if any). You warrant that you have obtained permission from any third party (including club members) to upload any Content to the club cloud which contains personal information.
9.3. The information contained on the Website is intended for use by persons resident in New Zealand.
9.4. Any promotion, competition, product or service identified or contained in the Website is subject to the applicable Terms as well as these Terms, which will be available for download at the relevant page of this Website, or upon request from us via the “contact us” link.
9.5. Licence to use Templates and Ownership of Derivatives
(a) We own the Intellectual Property Rights in the free Templates which are available to registered users. Subject to the license below, all our Intellectual Property Rights are reserved.
(b) If you are a registered user, we grant to you a worldwide non-exclusive non-transferable non-sublicenseable license to make any Permitted Use of any Template available on the Website; provided that you must not in any circumstances make any Prohibited Use of any such Template of a Derivative.
(c) The "Permitted Uses" are: (a) downloading copies of each Template; (b) storing, viewing and editing Templates and Derivatives on any computer owned or controlled by you; (c) uploading Derivatives to your club cloud and publishing Derivatives on websites owned and controlled by you that relate to your club; (d) printing a number of copies of any Derivative sufficient for the members of your sports club. We will not be responsible for any loss of or damage to documents or files uploaded to your club cloud.
(d) In consideration of the provision of the Templates to you by Sport Auckland via the Website and other good and valuable consideration (the receipt and sufficiency of which you acknowledge), you assign, and shall procure that any club members involved assign, to Sport Auckland all of your right, title and interest in and to the Intellectual Property Rights in the Derivatives to you or your club members are now entitled or may become entitled, together with:
(i) the right to sue for damages and other remedies in respect of any infringement or misuse of any of the Intellectual Property Rights which may have occurred prior to the date which you become a registered user of the Website and to retain any damages obtained as a result of any such action;
(ii) all statutory and common law rights attaching to the Intellectual Property Rights; and
(iii) all goodwill associated with the Templates and the Derivatives.
(e) If we use any of your Derivatives on the Website, we will acknowledge your club and any individuals requested by you as a creator of the Derivatives. Except as set out in this clause, you waive and will procure the waiver of any moral rights you or any other creators of the Derivatives may have.
(f) You must include a credit for Sport Auckland on all Templates and Derivatives thereof (in the form specified on the relevant template). In addition, you must include a visible hyperlink to www.developyourlegacy.co.nz on any website where a Derivative is published. Subject to this, you are free to determine: (i) the context and link text for the hyperlink; and (ii) the page on www.developyourlegacy.co.nz to which the hyperlink points.
(g) The “Prohibited Uses” are: (a) the sale, licensing, sub-licensing, renting, leasing or commercial distribution of any Template or Derivative in any format; (b) the publishing of any Template (excluding the publication of a Derivative as expressly permitted above); (c) the use of any Template or Derivative in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable; (d) the use of any Template or Derivative to compete with us, whether directly or indirectly; (e) deleting, obscuring or removing, any copyright notices or other proprietary notices placed by us on any Template or Derivative.
9.6. If you breach any of these Terms, then your licences under this Section may be terminated by us upon written notice to you. Upon the termination of a licence set out in this section, you will promptly and irrevocably delete from your computer systems and other electronic devices all copies of the Template(s) and Derivative(s) in your possession or control, and will permanently destroy any paper or other copies of the Template(s) and Derivative(s) in your possession or control.
9.7. You acknowledge that we do not provide any legal advice to you relating to the Templates, and consequently that it would be unreasonable to hold us liable in respect of your use of the Templates. We do not warrant the Templates comprehensiveness or accuracy. We will use our reasonable endeavours to keep the Templates up to date but give no warranty in this regard or that they will remain available. The disclaimers of liability set out in Part B of these Terms apply in full in relation to our free templates.
9.8. Licence to use Website and Content excluding Templates
(a) Unless otherwise stated, we or our licensors own the Intellectual Property rights in the Website and all Content and other material on the Website. Subject to the licenses below, all Intellectual Property rights are reserved. This Section 9.9 does not apply to the use our free Templates – see Section 9.5 above.
(b) You may view, download for caching purposes only, and print pages from the Website which are not templates for your own personal use and the use of your club who you are authorized to access the Website on behalf of, subject to the restrictions set out in these Terms. Except as expressly authorized by these Terms (e.g. in relation to the Templates and Derivatives), you must not: (a) republish the Content or any material from this Website (including republication on another website); (b) sell, rent or sub-license Content from the Website; (c) reproduce, duplicate, copy or otherwise exploit any Content on our Website for a commercial purpose; (d) edit or otherwise modify any Content on the Website except for the templates which you may modify to suit your club’s requirements; or (e) redistribute Content from the Website, except for content specifically and expressly made available for redistribution which may only be redistributed within your organization.
9.9. Acceptable use
(a) You must not use our Website in any way:
(i) that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website;
(ii) which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(iii) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(iv) to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
(v) to transmit or send unsolicited commercial communication; or
(vi) for any purposes related to marketing without our express written consent.
9.10. Restricted access
(a) Access to certain areas of our Website is restricted. We reserve the right to restrict access to other areas of our Website, or indeed our whole Website, at our discretion. If we provide you with or you generate a password to enable you to access restricted areas of our website or other content or services, you must ensure that that password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorized use of your account or password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not use any user ID and password to access our Website other than the ones allocated to you for your club’s use. We may disable your account on the Website at our sole discretion without notice or explanation.
9.11. User content
(a) Your Content (and its publication on our Website) must not: (a) be libellous or maliciously false; (b) be obscene or indecent; (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; (d) infringe any right of confidence, right of privacy, or right under data protection legislation; (e) constitute negligent advice or contain any negligent statement; (f) constitute an incitement to commit a crime; (g) be in contempt of any court, or in breach of any court order; (h) be in breach of racial or religious hatred or discrimination legislation; (i) be blasphemous; (j) be in breach of official secrets legislation; (k) be in breach of any contractual obligation owed to any person; (l) depict violence in an explicit, graphic or gratuitous manner; (m) be pornographic or sexually explicit; (n) be untrue, false, inaccurate or misleading; (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (p) constitute spam; (q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or (r) cause annoyance, inconvenience or needless anxiety to any person.
(b) Your Content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet. You must not use our Website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these Terms.
(c) You must not submit any user Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
(d) We reserve the right to edit or remove any material submitted to our Website, or stored on our servers, or hosted or published upon our Website.
9.12. Notwithstanding our rights under these Terms in relation to user content, we do not undertake to monitor the submission of your Content to, or the publication of such content on, our Website.
9.13. If you become aware of any Content on the Website that breaches these Terms, please notify us immediately by email or using our website contact form.
10. Intellectual Property and Proprietary Rights Notice
10.1. The Content, Templates and any Derivatives supplied by you, are the sole and exclusive property of us or any third parties who have provided us with content.
10.2. Any Intellectual Property Rights in or relating to the Website and/or the Content (including the Templates) (whether developed by us or others) are the sole and exclusive property of us or our content supplier, and protected by New Zealand as well as international intellectual property laws.
10.3. DEVELOP YOUR LEGACY® as a phrase and our logo are trade marks belonging to us. They may not be used with any services other than those services offered by us, or in any manner that is likely to cause confusion. We give no permission for the use of these trade marks other than as stated in these Terms, and such use may constitute an infringement of our rights. The other registered and unregistered trade marks on our Website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
10.4. You may view or temporarily store extracts from the Website which are incidental to your access of the Website for your personal, non-commercial references without addition, alteration or deletion of the relevant Content or any copyright, trade mark or other proprietary notices. Neither title nor the Intellectual Property Rights shall be deemed to be transferred to you.
10.5. However, you must not use, modify, deep-link, frame, reverse-engineer, decompile, convert, copy, reproduce, republish, resell, upload, post, transmit, distribute, or commercially exploit in any way, any of the Content, the Website or any associated Intellectual Property by any means (electronic, mechanical or by information retrieval systems) without our express, prior written permission, regardless of the intended use.
10.6. You may not use any meta tags or any other hidden text, or use any sponsored or paid Google or other search engine sponsored searched results or links that utilise keywords that directly relate to any of our Intellectual Property without our express, prior written permission.
10.7. You also agree not to directly or indirectly challenge our Intellectual Property Rights or proprietary rights, or assist any other party in doing so.
10.8. To notify us of any suspected Intellectual Property or proprietary rights infringement, or other breach of these Terms; please contact us at PO BOX 26599, Epsom, Auckland, 1344 or 09 623 7900.
PART D: CLUB LOGIN TERMS AND CONDITIONS
11.1. The Terms in Part D apply between us, Sport Auckland, and all registered users of the Website including free members and corporate members.
11.2. The use of a registered user account on our Website shall be limited to:
(a) three senior office holders in your club (if you are a club); the registered user who has applied for registration initially will be responsible for formally advising Sport Auckland of the names of the office holders each year who are authorized to use the account and
(b) in the case of corporate members (such as regional sports organizations), designated officers and employees of the member organization. The registered user must ensure that no other persons use, or have access to, their accounts on the Website.
11.3. A user account shall begin at the time and on the day that we grant the registered user access to the portal part of the Website, and shall continue until terminated in accordance with Part D.
11.4. We may in our absolute discretion refuse any application to become a registered user.
12. Registered Users services
12.1. We may vary the benefits available to registered users, and the terms of this Section 12, at any time in our sole discretion.
12.2. During the period of membership, a registered user shall be able to access all Templates, subject to the other provisions of these Terms.
12.3. We shall use reasonable endeavours to answer questions from registered users, subject to the following restrictions: (a) we will have no obligation to draft or amend the Templates (b) where we do not have sufficient information to answer a question, we will refrain from doing so; (c) we will have no obligation to provide guidance relating to points of law, accounting or matters outside our expertise; (d) we will have no obligation to provide guidance where we consider that it creates a material risk of liability or potential liability on our part; and (e) you acknowledge that Sport Auckland may advise you or your club members to seek advice from an expert. All guidance given relating to Q&A is subject to the limitations and exclusions of liability set out in Part B.
12.4. Registered users shall also benefit from such other services as are specified on the Website from time to time as being available to registered users.
13. Termination of Registered Login
13.1. Registered logins which are not free may be terminated: (a) by you at any time giving us written notice of termination; (b) by us giving at least 30 days' written notice to you; or (c) if you are insolvent, or breaches any provision of these Terms, or breaches the terms of any other contract between us and the registered user - by us giving immediate written notice to the registered user.
13.2. Free memberships may be terminated by us giving you written notice of termination at any time, with or without explanation.
13.3. If a registered login is terminated (for whatever reason and on whatever basis), if the member is paying to use the Website, the member shall not be entitled to any refund of any amounts paid to us before such termination. Nor shall the member be released from liability to pay any amounts that were overdue for payment as at the date of termination.
13.4. For the avoidance of doubt, if a Template is downloaded by a registered user during the period of a membership, the licence to use that Template shall expire on termination of the login for whatever reason.
PART E: GENERAL AND INTERPRETATIVE PROVISIONS
14.1. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these Terms.
15. Breaches of these Terms
15.1. Without prejudice to our other rights, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may: (a) send you one or more formal warnings; (b) temporarily suspend your access to the Website; (c) permanently prohibit you from accessing the Website; (d) block computers using your IP address from accessing the Website; (e) contact your internet services provider and request that they block your access to the Website; (f) bring court proceedings against you for breach of contract or otherwise; (g) suspend and/or delete your account with the Website; and/or (h) delete and/or edit any or all of your content, including Derivatives.
15.2. Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
(a) We may revise these Terms from time-to-time. Revised Terms will apply to the use of our Website from the date of the publication of the revised Terms on our website.
15.4. Assignment and Waiver
(a) You hereby agree that we may transfer, sub-contract or otherwise deal with any or all of our rights and/or obligations under these Terms. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms without obtaining our prior written consent.
(b) Any failure on our part to enforce any part of these Terms or to exercise any right we may have under these Terms will not constitute a waiver to any extent of our rights.
(a) If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15.6. Entire agreement
(a) In this agreement, unless the context indicates otherwise:
(b) headings are for convenience only and do not affect this agreement’s interpretation;
(c) references to a party include that party’s successors and permitted assigns;< /p>
(d) each defined expression has the meaning corresponding to that definition throughout this agreement;
(e) references to persons includes individuals, companies, corporations, partnerships and other entities;
(f) references to the singular includes the plural and vice versa;
(g) references to a gender includes the other genders;
(h) the use of the terms includes or including does not imply any limitations;
(i) any obligation not to do anything includes an obligation not to permit or cause that thing to be done;
(j) references to currency are to New Zealand dollars; and
(k) references to times of day or dates are to times and dates in New Zealand.
15.8. Disputes and Governing Law
(a) The Terms are governed by and interpreted in accordance with the laws of New Zealand.
(b) By using the Website, you agree that any action at law or in equity arising out of or relating to the Terms, the Website, the Content, any services described therein shall be filed exclusively in the courts of New Zealand, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts.
15.9. Jurisdiction and Compliance with Laws
(a) Regardless of where you choose to access the Website from, you do so on your own initiative and agree to comply with all applicable international and local laws, statutes, ordinances, and regulations regarding your use of the Website and the services described therein.