TERMS AND

CONDITIONS

The Breakdown: Every Number Tells a Story (ABN 87 130 391 710) (we, us and other similar expressions) welcomes you, the user of this website.

1. Acceptance of terms

1.1  We provide this website subject to these terms of use. Before you browse or use any facilities on this website, it is important that you read, understand, and agree to these terms of use.

2. Privacy

2.1 We treat all personal information submitted to us in accordance with our Privacy Policy, which is available for you to view and read on this website.

3. Variations

3.1  Subject to clause 3.2, we may change these terms of use from time to time without notice to you. It is important that you regularly review the most up to date version of these terms of use, as they will be the terms on which you access and use this website at any time.

3.2  If you are a registered user of our online sports data analytics service (Service), we will give you 30 days’ notice of any changes that we make to these terms of use. If you object to the amended terms of use, your only remedy, other than any remedy which cannot be excluded by law, is to stop using the Service or to terminate your subscription for the Service.

4. Right to use the Service

4.1 Subject to our acceptance of your online (or written) form registration for subscription to the Service and your payment of the Service Fee, we grant you a limited, non-exclusive, non-transferable right to access and use the Service for your internal business operations on the terms set out in these terms of use.

5. Registered user

5.1 In order to access various parts of this website or to subscribe to use the Service, you must become a registered user, by completing your registration details as described on this website, or on our written registration form.

5.2 During the registration process, you will be designated with, a username and password, which will enable you to access and use the Service.

5.3 You must ensure that your registration details are true and accurate at all times and must notify us of any change to your registration details as originally supplied.

5.4 You agree that:

  1. you are responsible for maintaining the confidentiality of your password and account;
  2. you are fully responsible for all activities that occur under your password or account;
  3. you must immediately notify us of any unauthorised use of your password or account or any other breach of security;
  4. we, or our agents, may require access to your user account to respond to service or technical issues;
  5. we or any providers of the linked websites or other services offered from this website may send emails, newsletters and other information to your user account.
6. Use of the Service

6.1  You must only use the Service for lawful purposes, and in accordance with these terms of use, any directions given by us and with all local and foreign laws and regulations.

6.2  You must not, nor cause or permit a third party to:

  1. use the Service in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s intellectual property rights, or which restricts or interferes with the supply of the Service by us to any other customers or users;
  2. reverse engineer, reverse assemble or reverse compile or copy or duplicate or modify or make derivative works of or re-sell all or part of the Service (or any of our intellectual property rights in the Service)
  3. gain or attempt to gain unauthorised access to the Website and/or Service, computer systems or networks connected to the Service, including through hacking, password mining or any other means.
7. Content

7.1 All content is provided by us or by others in good faith. You accept that the content provided by us is general information.  We have derived the content from sources which we believe to be accurate and up to date as at the date of publication.

7.2 We make no representation about the accuracy, completeness or usefulness of the content or its fitness for any particular purposes, nor do we undertake to keep this website or the content up to date. This applies to content provided by us and to content provided by others.

7.3 Where the content provided by others contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.

7.4 You must evaluate, and bear all risks associated with the use of content, whether provided by us or by others, including your reliance on the accuracy, completeness, or usefulness of it. By using the website you agree that we (our related corporations and the officers, employees and agents of each) are not responsible for:

  1. the accuracy or otherwise of the content displayed or omitted from the website;
  2. any person’s reliance on content available or omitted from the website;
  3. any loss in connection with the use of the website.

7.5 You should make your own enquiries and seek independent advice before acting or relying on any content, whether provided by us or by others.

8. Service Availability

8.1 While we intend to use reasonable endeavours to make the website and Service available for your use 24 hours a day, seven days a week, you acknowledge that service continuity is not assured and that the website and Service is provided on an ‘as is’ basis. In particular, you acknowledge that on occasion the website, Service or both may be unavailable or have limited availability including:

  1. to permit routine or emergency maintenance to take place;
  2. to permit upgrades or other development activity to take place;
  3. due to technical malfunctions of your software, equipment or infrastructure (e.g. telecommunications connectivity, network congestion or delays);
  4. due to a force majeure event; or
  5. due to clause 8.2 applying.

8.2 In the case of technical problems which adversely affect your use of the Service, you must make all reasonable efforts to investigate and diagnose problems before contacting us. If you still need technical help, you must notify us promptly via email to info@lcl.thebreakdown.com.au.

8.3 We may temporarily limit or suspend the availability of all or part of the Service if it is necessary for reasons of public safety, security or maintenance of the Service, interoperability of services, data protection or to perform work that is necessary for operational or technical reasons.

9. Fees and payment

9.1 You agree to pay us the Service Fee either annually in advance or monthly in advance – depending on the payment option you have selected.

9.2 Payment is to be made by charging your credit card or debiting your nominated bank account, using the credit card or bank account details provided by you:

  1. If you have selected to pay annually – on the date of acceptance of your registration under clause 4.1, and each anniversary of that date until termination of these terms of use under clause 20; or
  2. If you have selected to pay monthly – on the date of acceptance of your registration under clause 4.1, and on the same day of every month after that date until termination of these terms of use under clause 20. If, due to the number of days in any particular month, it is not possible to receive payment on the same day as the date of acceptance, then payment for that month will be due on the next closest day as possible to what would have been the same day as the date of acceptance for that month.

9.3 We may change the Service Fee by giving you at least thirty (30) days’ notice of the increase. The change will apply to the next Service Fee payable after the thirty (30) day notice period has passed.

10. Late or default in payment

10. 1 If you fail to pay us any amount payable under these terms of use when due, then all money owing to us by you becomes immediately payable.

10. 2 If you fail to comply with clause 10.1 within 7 days of any amount payable under these terms of use being due, we may suspend access to the Service.

11. GST

11.1 All consideration provided for any taxable supply under these terms of use is exclusive of GST unless the contrary is clear. The amount of that consideration must be increased by an additional amount equal to the GST on that taxable supply.  The party who has to pay the additional amount must pay it at the same time as the consideration in respect of that taxable supply becomes due.

11.2 If at any time an adjustment is made or required to be made between a party and the relevant taxing authority on account of any amount paid as GST under these terms of use:

  1. a corresponding adjustment must be made;
  2. adjustment notes must be issued; and
  3. any payment must be made,
    between the parties as may be necessary to give effect to the adjustment.
12. Copyright

12.1 Copyright in the content and this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.

12.2 Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 of the Commonwealth of Australia and similar legislation which applies in your location, and except as expressly authorised by these terms of use, you may not in any form or by any means:

  1. adapt, reproduce, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  2. commercialise any Content, goods or services obtained from any part of this website,

without our prior written approval.

13. Blogging and communication with us and others

13.1 This website may contain blogs and communication facilities which allow you to communicate with us and others, and may contain other electronic messaging and notice services (Communication Facilities).

13.2 When using the Communication Facilities or this website, you must not post or transmit any information, image, text or other material of any kind whatsoever:

  1. that is not original material in which you own copyright, unless you are authorised by the copyright owner to post or transmit that material on this website;
  2. that violates or infringes upon the rights of any other person;
  3. that contains personal information of any other person, such as phone numbers, mail or email addresses;
  4. that is unlawful, threatening, abusive, defamatory, obscene, vulgar, profane or indecent or that is sexual or pornographic in nature;
  5. that vilifies, insults or humiliates any person on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or metal disability;
  6. that contains a virus or other harmful component; or
  7. that advertises or promotes any goods or services, websites, competitions or schemes or otherwise for commercial purposes.

13.3 We may, but are under no obligation to, monitor or review the contents of the blogs on this website or our Communication Facilities and may edit, refuse to post or to remove any materials (in whole or in part) that in our sole discretion is in any way objectionable or in violation of any applicable law or these terms of use.

13.4 Responsibility for the content of blogs, or other material posted on this website rests solely with the person who posts it. Where that content contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.

14. Viruses

14.1 You must make your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

14.2 We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

15. Security of information

15.1 Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect information we transmit and receive, we do not warrant and cannot assure the security of any information which you transmit to us.

16. Linked sites

16.1 The website may be linked to other websites over which we have no control. Those links are provided for convenience only and may not remain current or be maintained.

16.2 We do not sponsor, endorse, adopt, confirm, guarantee or approve the content or representations made on those websites. We make no representations about the accuracy of content contained on those websites. We are not liable for the content on those websites.

16.3 No links from external websites to this website are permitted without our prior written approval.

17. Limitation of Liability

17.1 Nothing in these terms of use are or should be interpreted as an attempt to modify, limit or exclude any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by legislation which cannot be lawfully modified, limited or excluded. This may include the Australian Consumer Law, which contains guarantees that protect the purchasers of goods and services in certain circumstances.

17.2 We exclude to the extent permitted by law all other guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, which would otherwise be implied into these terms.

17.3 You do not rely on any representation, warranty or other provision made by us or on our behalf which is not expressly stated in these terms of use. In particular, we make no warranty or representation that the website will always be available, accessible, secure or operate without error.

17.4 Where any legislation implies or imposes a guarantee, term, condition, warranty, undertaking, inducement or representation in relation to this document and we are not able to exclude that guarantee, term, condition, warranty, undertaking, inducement or representation (Non-Excludable Provision), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to (at our election):

  1. in the case of goods, the repair or replacement of the goods or the supply of equivalent goods (or the payment of the cost of doing so);
  2. in the case of services, the supplying of the services again (or the payment of the cost of doing so).

17.5 Subject to our obligations under the Non-Excludable Provisions and clause 1:

  1. our maximum aggregate liability to you in respect of any one claim or series of connected claims under these terms of use, whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, or under an indemnity or otherwise is limited to an amount equal to the fees paid by you to us during the 12 month period before the event giving rise to the claims; and
  2. we are not liable for any direct, indirect, incidental, special and/or consequential damage, loss, claim, expense or loss of profits whatsoever or any loss of data which result from any use or access, or any inability to use or access, or misuse by you or any other party, of the website or otherwise in connection with any Content.
18. Indemnity

18.1 You agree to hold harmless and indemnify us and our subsidiaries, officers, agents and employees from and against any loss, damage or costs that we, or any of our subsidiaries, officers, agents and employees, may incur in connection with your breach of these website terms and conditions or any other legal obligation by you or your use of this website and the Communication Facilities.

19. Suspension

19.1 We may without notice suspend your access to the Service if:

  1. the you breach these terms of use; or
  2. we reasonably believe that your access and use of the Service will cause technical incapacity to the Service which will continue unless access or use is suspended.
20. Termination

20.1 In addition and without prejudice to any other rights or remedies, either party may terminate these terms of use as follows:

  1. by giving the other party thirty (30) days’ written notice of termination; or
  2. immediately upon giving written notice to the other party, if the other party becomes or threatens to become subject to any form of bankruptcy or insolvency administration.
21. General information

21.1 These terms of use supersede any prior agreements between you and us in respect of your use of the website. You may also be subject to additional terms and conditions that may apply when you use particular services available on or through the website.

21.2 These terms of use and the relationship between you and us are governed by the laws of the State of New South Wales, Australia without regard to its conflict of law provisions. You agree to submit to the jurisdiction of the courts in the State of New South Wales.

21.3 Headings in these terms of use are for convenience only and do not affect interpretation.

21.4 Our failure to exercise or enforce any right or provision of these terms of use must not be treated as a waiver of the right or provision.

21.5 If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but the court should try to give effect to the parties’ intentions as reflected in the provision. The other provisions of these terms of use are to remain in full force and effect.

21.6 There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and any user simply by the existence or use of this website.

21.7 Your rights and obligations under these terms of use are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.

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