Terms of Use
Application User Terms
Refbook is an online sports officials management software platform made available via Refbook’s website and as a mobile application (App) by Refbook Australia Pty Ltd (ABN 46 660 809 334) (Refbook). Your use of the App (both the web-based version and mobile application version) is governed by these user terms (Terms). If you do not agree to these Terms, you must not use the App. We may update these Terms from time to time and any updates will be effective when we publish them on our website or to users of the App.
Users within Australia and New Zealand: You must not use the App if you are under 16 years of age, unless you have documented consent from your parent or guardian which you have provided to Refbook.
Users outside Australia and New Zealand: You must not use the App if you are under 16 years of age.
1. Rights to use the App
1.1 Refbook Services. Refbook grants you limited permission to access and use the App (both the web-based version and the mobile application) and any documentation about the App which is made generally available by Refbook (Documentation) in accordance with these Terms using the login or access credentials created by you via the App (Credentials). The App is made available to you on an “as is” and “as available” basis. You must only use the App in accordance with the Documentation and subject to the restrictions set out in these Terms (including the restrictions in clause 1.3).
1.2 Suspension and cancellation. Refbook may cancel or suspend your use of the App or your access to it where: (a) you have, or Refbook reasonably suspects that you have, committed any breach of these Terms; (b) expressly permitted under these Terms; (c) Refbook is required to do so by law; (d) Refbook considers it reasonably necessary in order to protect or preserve the security, integrity, operation or viability of the App; (e) Refbook is conducting App maintenance (whether planned or unplanned) or system unavailability prevents Refbook from providing access; (f) the continued provision of the App is no longer commercially viable in Refbook’s opinion; or (g) the third party organisation that invited you to use the App or that pays for your access to it, no longer has the right to give you access to the App (including if they cancel their subscription or Refbook cancels or suspends their access).
1.3 Restrictions. You must not do (or attempt to do) any of the following unless expressly authorised in writing by Refbook:
1.3.1 engage in any act that may, or is intended to disrupt the access, integrity, availability or security of the App (including, without limitation, by overwhelming or attempting to overwhelm Refbook infrastructure by imposing an unreasonably large load on its systems or requiring it to consume extraordinary resources);
1.3.2 use the App to upload or display content that is inappropriate, unlawful, libellous, malicious, obscene or indecent, in breach of any contractual or legal obligation, untrue, inaccurate or misleading, offensive, threatening, abusive, anti-social, discriminatory, inflammatory, deceptive or fraudulent;
1.3.3 license, sub-license, sell, re-sell, rent, lease, transfer, distribute, time share or otherwise make the App (or parts of it) available to anyone else;
1.3.4 use the App to develop or operate products or services which perform the same or similar functions, in competition with the App;
1.3.5 modify, correct, adapt, translate, enhance, or otherwise prepare derivative works or improvements of the App;
1.3.6 reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets from or about the App (other than to the extent expressly permitted by applicable law);
1.3.7 use the App in a way that violates any laws or to stalk, harass or threaten others;
1.3.8 use the App in a way that infringes the rights of a third party, including relating to contract, intellectual property or privacy;
1.3.9 share your Credentials, allow any other person to use your Credentials to access the App, or use anyone else’s Credentials to access the App;
1.3.10 bypass or breach any security device or protection used for or contained in the App or Documentation or conduct any vulnerability or penetration testing on the App or related systems (without express written permission from Refbook), or access any part of the App other than via an interface made publicly available by Refbook; or
1.3.11 use the App to create, use, send, store, or run viruses or other harmful computer code, files, scripts, agents, or other programs, or circumvent or disclose the user authentication or security of the App,
1.3.12 and without limiting its other rights, Refbook may suspend, cancel or otherwise deny your access to the App if you fail to comply with these restrictions.
1.4 Support portal. You may be invited to use Refbook’s support portal (for example, by an organisation you are affiliated with via the App). The support portal is provided and operated by a third party, not Refbook. You are not required to access the support portal, but if you do, you will be prompted to create an account with the third party supplier and to review and accept their terms of service and privacy policy, which apply to your use of the support portal and any data (including personal information) you input or share on it. Refbook has access to support ticket data in the support portal which it will use in accordance with its privacy policy available at https://www.refbook.online/privacy-policy; you will need to review the applicable third party terms to familiarise yourself with how the third party provider uses your data.
1.5 Organisation-specific terms. If an organisation invites you to become a member of or connected with it via the App, the organisation may require you to accept organisation-specific terms and conditions before you join or link with them. Organisation-specific terms: (a) apply between you and the organisation only (Refbook is not a party and does not set the organisation-specific terms); (b) only apply in relation to your engagement with that organisation, and may cover matters like organisational codes of conduct, membership terms and privacy policies (i.e. how the organisation will treat data you make available to them via Refbook) and (c) do not affect, override, amend or limit these Terms, which are between you and Refbook.
1.6 Security of Credentials. You must take all reasonable steps to protect and safeguard the secrecy of your Credentials. You must notify Refbook promptly if you reasonably consider that any of your Credentials have been compromised, disclosed to or obtained by an unauthorised person or if you become aware that someone has accessed the App using your Credentials.
1.7 Third Party Products. You may be invited to use third party tools or products to obtain the full functionality of the App or otherwise in connection with your use of the App (Third Party Products). You are responsible for deciding whether to use, link to, consume or install any Third Party Products. Refbook gives no warranty about any Third Party Products and is not responsible for the supply of Third Party Products, any defects in them, any adverse impact they may have on your use of the App, or for the use that any supplier of a Third Party Product makes of any data you choose to share with them.
1.8 App changes. Refbook may upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise modify the App from time to time (where these changes apply generally to the App and all users).
2. Online Payments and Purchases
2.1 If you choose to make any purchases via the App, your payment will be processed by a third party application or payment gateway which is not owned, controlled or operated by Refbook (Payment Gateway). Your use of the Payment Gateway and the Payment Gateway provider’s use of any data (including any personal information) you share with them is subject to their applicable third party terms, privacy policies and practices, fees and charges. Refbook is not responsible for the operation or reliability of the Payment Gateway or for any loss or damage arising from your choice to use it or the quality of service provided by the Payment Gateway.
2.2 You are responsible for all fees and charges imposed by the Payment Gateway provider and your financial institution relating to any transactions processed via the App or Payment Gateway (including fees and charges imposed where payments are returned or denied, or where you request cancellation or refund of a charge).
2.3 When you make an in-App purchase, you are purchasing memberships, products or services from third parties, such as organisations you are affiliated with via the App. These memberships, products and services are not provided by Refbook, and Refbook is not responsible for their supply, their quality or for any loss or damage they may cause. The terms on which you purchase any memberships, products or services through the App are between you and the relevant supplier.
3. Ownership
3.1 App. Refbook (or its affiliates and licensors) own and retain all right, title and interest in and to any and all intellectual property rights and other proprietary rights in the App and Documentation. You acquire no rights to the App and Documentation except as expressly granted in these Terms.
3.2 Content. Unless you are the owner of, or otherwise have sufficient rights in, material available via the App (App Content), you must not republish, redistribute, display, exploit, sell, rent or sub-license any App Content in any medium.
3.3 Feedback. If you choose to provide Refbook suggestions, proposals, ideas, recommendations, or other feedback regarding improvements to the App (Feedback), you agree that Refbook may use that Feedback in any way it sees fit, including by incorporating your Feedback into the App or other Refbook services, as long as Refbook does not identify you personally in such use.
3.4 Privacy. Refbook complies with applicable data protection and privacy laws including the Privacy Act 1988 (Cth) and handles your personal information in accordance with its privacy policy available at https://www.refbook.online/privacy-policy. Via the App, you can opt in to (and out of) receiving communications from Refbook relating to Refbook and third party products and services, invitations, notifications, offers and email subscriptions.
3.5 Analysis Data. Refbook may collect, use, and disclose quantitative data derived from your use of the App for its business purposes, including industry analysis, benchmarking, marketing, analytics, and product development (including algorithm training and machine learning); provided that any such data will be used only in aggregate and de-identified form, and will not identify you.
4. Indemnities
4.1 By Refbook. Refbook will indemnify you from, and defend you against, any third party claim brought against you alleging that your use of the App constitutes an infringement of that third party’s intellectual property rights (Infringement Claim), except that Refbook will not be responsible for any alleged infringement that is due to the combination of the App with goods or services provided by third parties, or use of the App contrary to these Terms.
4.2 Infringement Remedy. In the event of an Infringement Claim, Refbook may require you to cease using the App or parts of it, or cancel or suspend your access to it. To the extent reasonably practicable, Refbook will, at its own expense and option, either: (a) obtain for you the right to continue to use the App; or (b) modify or replace the App or any part of it, so as to enable you to continue or resume using it or parts of it. The indemnity in clause 4.1 and the remedy in this clause 4.2 is your sole and exclusive remedy for any Infringement Claim.
4.3 By you. You will indemnify Refbook and its affiliates from and defend them against, any claim by a third party arising from or related to: (a) your use of the App in breach of these Terms, the Documentation, or applicable law; or (b) the nature or content of any data or content you submit to, input into, upload to or publish or make available on the App.
4.4 Indemnity coverage. In respect of any claim to which clause 4.1 or 4.3 applies, the indemnifying party will indemnify against: (a) all damages, costs, and legal fees finally awarded with respect to the claim; (b) all out-of-pocket costs (including reasonable legal fees) reasonably incurred in the defence of the claim (other than legal fees and costs incurred without the indemnifying party’s consent after it has accepted defence of such claim); and (c) all amounts the indemnifying party agrees to pay to any third party in settlement of the claim.
4.5 Procedures. The parties’ respective indemnification obligations above are conditioned on: (a) the indemnified party giving the indemnifying party prompt written notice of the claim, except that the failure to provide prompt notice will only limit the indemnification obligations to the extent the indemnifying party is prejudiced by the delay or failure; (b) the indemnifying party being given full and complete control over the defence and settlement of the claim (as long as the settlement does not include any payment of any amounts by or any admissions of liability, whether civil or criminal, on the part of any of the indemnified parties); (c) the relevant indemnified parties providing assistance in connection with the defence and settlement of the claim, as the indemnifying party may reasonably request; and (d) the indemnified parties’ compliance with any settlement or court order made in connection with the claim.
5. Limitations of Liability
5.1 ACL not excluded. Nothing in these Terms limits or excludes any warranties or guarantees which by law cannot be limited or excluded, such as any applicable guarantees under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Consumer Guarantees).
5.2 Indirect Losses. Subject to clauses 5.1 and 5.4, to the extent permitted by law, each party excludes all liability for any loss of product, loss of use, loss of revenue, loss of profit, loss of or damage to reputation, loss of anticipated savings or benefits, or any indirect, consequential, special or punitive loss, damage, cost or expense or other claims for consequential loss however arising under or in connection with these Terms and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity.
5.3 Caps. Subject to clauses 5.1 and 5.4 and to the maximum extent permitted by law:
5.3.1 a party’s aggregate liability for any and all claims, losses or damages arising out of or in connection with these Terms, whether based on contract, warranty, tort (including negligence), statute or otherwise, is capped at AUD$100; and
5.3.2 Refbook’s liability to you for a breach of any Consumer Guarantee is limited, in the case of goods, to: (a) the replacement of the goods or the supply of equivalent goods; or (b) the repair of the goods; and in the case of services: (c) the supplying of the services again; or (d) the payment of the cost of having the services supplied again.
5.4 Exceptions. No provision of this Agreement limits the liability of a party for: (a) personal injury or tangible property damage caused by negligence; (b) losses caused by fraud or fraudulent misrepresentation; or (c) your breach of clause 1.3 or other wrongful use of the App. Each party’s obligation to indemnify under clause 4 is limited by clause 5.2, but is not capped under clause 5.3.
5.5 Contribution. Each party’s liability (including under an indemnity) shall be reduced proportionately to the extent that the other party’s acts or omissions causes or contributes to, directly or indirectly, the loss or damage for which the first party is liable.
6. Term
These Terms apply to your use of the App every time you use it. If you do not agree to these Terms, you must cease using the App.
7. General
7.1 Variation & Waiver. The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms, does not amount to a waiver of any obligation of, or breach of obligation by, another party. A waiver by a party is only effective if it is in writing.
7.2 Notices. We may communicate with you via the App and the email address you have used to register to use the App. You must send any formal notice, claim or demand under these Terms to us via registered post to Refbook Australia Pty Ltd, 1/18 Prospect Place, Boronia VIC 3155, Australia.
7.3 Governing law. These Terms are governed by and construed in accordance with the law of Victoria, Australia. Each party irrevocably agrees that the courts of Victoria shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms; provided that each party shall have the right to enforce a judgment of those courts in a jurisdiction in which the other party is based.