Terms and Conditions

PART A All Users

1. 1. ELIGIBILITY
   1. (a) This App is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the App. By using the App, you represent and warrant that you are either:
      1. (i) over the age of 18 years and accessing the App; or
      2. (ii) accessing the App on behalf of someone under the age of 18 years old and consent to that person’s use of the App.
   2. (b) Please do not access the App if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the App. 
   3. (c) If you use the App on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
2. 2. ACCOUNTS
   1. (a) In order to use the functionality of the App, all Users are required to sign-up, register and receive an account through the App (an Account).
   2. (b) As part of the Account registration process and as part of your continued use of the App, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Sports Injury Hub from time to time. You are responsible for keeping your password and login details confidential and secure.
   3. (c) You warrant that any information you give to Sports Injury Hub in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
   4. (d) Once you complete the Account registration process, Sports Injury Hub may, in its absolute discretion, choose to accept you as a registered user within the App and provide you with an Account.
   5. (e) Sports Injury Hub reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
   6. (f) Sports Injury Hub may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
3. 3. USER OBLIGATIONS
   As a User, you agree:
   1. (a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
   2. (b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Sports Injury Hub of any unauthorised use of your Account, password or email, or any other breach or potential breach of the App’s security;
   3. (c) to not use the App for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the App:
      1. (i) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
      2. (ii) in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Sports Injury Hub;
   4. (d) not to act in any way that may harm the reputation of Sports Injury Hub or associated or interested parties or do anything at all contrary to the interests of Sports Injury Hub or the App;
   5. (e) not to make any automated use of the App and you must not copy, reproduce, translate, adapt, vary or modify the App without the express written consent of Sports Injury Hub;
   6. (f) that Sports Injury Hub may change any features of the App or Services offered through the App at any time without notice to you;
      
   7. (g) that information given to you through the App, by Sports Injury Hub or another User including a Club, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
      
   8. (h) that Sports Injury Hub may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
4. 4. POSTED MATERIALS
   1. 4.1 WARRANTIES
      By providing or posting any information, materials or other content on the App (Posted Material), you represent and warrant that:
      
      1. (a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
      2. (b) the Posted Material is accurate and true at the time it is provided;
      3. (c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
      4. (d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
      5. (e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition; 
      6. (f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
      7. (g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the App or any network or system; and
      8. (h) the Posted Material does not breach or infringe any applicable laws.
   2. 4.2 LICENCE
      1. (a) You grant to Sports Injury Hub a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Sports Injury Hub to use, exploit or otherwise enjoy the benefit of such Posted Material.
      2. (b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Sports Injury Hub from any and all claims that you could assert against Sports Injury Hub by virtue of any such moral rights.
      3. (c) You indemnify Sports Injury Hub against all damages, losses, costs and expenses incurred by Sports Injury Hub arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
   3. 4.3 REMOVAL
      1. (a) Sports Injury Hub acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Sports Injury Hub may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the App) at any time without giving any explanation or justification for removing the Posted Material.
      2. (b) You agree that you are responsible for keeping and maintaining records of Posted Material.
5. 5. ONLINE PAYMENT PARTNER
   1. (a) We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the App, including for our Services. 
   2. (b) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. You can find these here.
   3. (c) You agree to release Sports Injury Hub and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s App or any error or mistake in processing your payment.
   4. (d) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment. 
6. 6. SERVICE LIMITATIONS
   While we make every effort to ensure that the information on the App is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
   1. (a) the App may have errors or defects (or both, as the case may be);
   2. (b) the App may not be accessible at times;
   3. (c) messages sent through the App may not be delivered promptly, or delivered at all;
   4. (d) information you receive or supply through the App may not be secure or confidential; and
   5. (e) any information provided through the App may not be accurate or true.
7. 7. INTELLECTUAL PROPERTY 
   1. (a) Sports Injury Hub retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
   2. (b) You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Sports Injury Hub or as permitted by law.
   3. (c) In this clause 7, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
8. 8. THIRD PARTY CONTENT
   The App may contain text, images, data and other content provided by a third party and displayed on the App (Third Party Content). Sports Injury Hub accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
9. 9. THIRD PARTY TERMS SUPPLIERS
   1. (a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
   2. (b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our App or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the App or any services related to App and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
   3. (c) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the App and you can stop using the App. 
10. 10. SECURITY
    Sports Injury Hub does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the App. You should take your own precautions to ensure that the process you employ to access the App does not expose you to the risk of viruses, malicious computer code or other forms of interference.
11. 11. DISCLAIMER
    1. (a) (Injury Tracking Application Service Only) Sports Injury Hub is a medium that facilitates the tracking of Player’s injuries between Players and Clubs for the purposes of injury prevention and recovery. Sports Injury Hub simply collects a service fee in consideration for providing this service and does not have any obligations or liabilities to, and is not a party to any contract between, Health Professionals, Players (including a Player’s parents or guardians as applicable) and Clubs in relation to such services or otherwise resulting from the introduction.
    2. (b) You acknowledge and agree that:
       1. (i) Sports Injury Hub or the App does not take any steps to confirm the identity of Users, including examination or certification;
       2. (ii) Sports Injury Hub or the App cannot and does not confirm nor warrant or guarantee each User’s purported identity, licences (for Players or Health Professionals), a Player’s respective health and fitness level, competency, credibility, legitimacy or geographic location. We encourage you to conduct your own enquiries to your satisfaction; 
       3. (iii) all Users are a third party unrelated to us. You acknowledge that any arrangement or communication entered into with another User is solely at your own risk. We are not a party to any arrangement entered into. All contractual and payment arrangements are the sole responsibilities of the parties and not us; 
       4. (iv) our provision of Services does not imply any endorsement or recommendation by us of any Club, Player or Health Professional;
       5. (v) Sports Injury Hub has no control, influence or involvement with other Users. Our responsibilities are limited to facilitating the availability of the App. We have no obligation to regulate such content or Accounts or messages. To the extent permitted by law, we will not be liable for any loss or damage suffered by you or any third party in connection with the App;
       6. (vi) without limiting the other terms of this clause, Sports Injury Hub does not ensure, guarantee or provide any warranty or indemnity in respect of the quality, legality, accuracy, completeness or otherwise of:
          1. (A) any arrangements or communications between Users;
          2. (B) any information provided by Users to each other; or
          3. (C) the ability of Users to undertake their respective obligations. 
       7. (vii) Because of the foregoing, in the event that you have a dispute with one or more Users, you release and hold us (and our Related Parties) harmless from actions, claims, demands and Losses of every kind arising out of or in any way connected with such disputes;
       8. (viii) no information provided by us constitutes legal or financial advice, particularly in respect of your obligations to comply with any applicable Laws;
       9. (ix) we do not guarantee that the App or any content will be error-free or uninterrupted, or that your use of the App will provide any specific results;
       10. (x) we reserve the right to share any information provided by you to us, and to store such information in accordance with our Privacy Policy; and
       11. (xi) we do not represent or warrant that your use of the Services will meet your particular requirements, whether those requirements are disclosed to us or not.
12. 12. Liability 
    1. (a) (Limitation of Liability) To the maximum extent permitted by law and subject to clause 12(b), the total liability of each party (being you, the User and us, Sports Injury Hub) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the App in the 3 months preceding the date of the event giving rise to the relevant liability or if you have not paid for the App, to AU$100.
    2. (b) Clause 12(a) does not apply to your liability in respect of loss or damage sustained by Sports Injury Hub arising from your:
       1. (i) breach of third party intellectual property rights;
       2. (ii) negligent, fraudulent or criminal acts or omissions; or
       3. (iii) clauses 3, 4, 7, 13 and 22.3(g). 
    3. (c) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
    4. (d) (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
    5. (e) (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Sports Injury Hub, except:
       1. (i) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
       2. (ii) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
13. 13. CONFIDENTIALITY
    You agree that:
    1. (a) no information owned by Sports Injury Hub, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
    2. (b) all communications involving the details of other users on this App and of the Club are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
14. 14. PRIVACY
    You agree to be bound by the clauses outlined in Sports Injury Hub’s Privacy Policy, which can be accessed here. 
15. 15. COLLECTION NOTICE
    1. (a) We collect personal information about you in order to enable you to access and use the App, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
    2. (b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information. 
16. 16. TERMINATION
    1. (a) In the event that a User’s Account is terminated:
       1. (i) the User’s access to all posting tools on the App will be revoked;
       2. (ii) the User will be unable to view the details of all Users (including other Users, contact details, geographic details, any other personal details and Player Profiles or requests); and
       3. (iii) all profiles previously posted by the respective User will also be removed from the App.
    2. (b) If the User is a Club and their Account is terminated, then the User can restore their Account up to 30 days by simply logging into the Account again. If the User wishes to terminate their Account again, then the User can do so by using the App’s functionality where available.
       
    3. (c) After 30 days, all data relating to the User’s Account, including details on Player Profiles and Health Professionals shall be permanently deleted.
    4. (d) Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the App, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
17. 17. TAX
    You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the App, and Sports Injury Hub will not be held accountable in relation to any transactions between Players and Clubs where tax related misconduct has occurred.
18. 18. RECORD / AUDIT
    To the extent permitted by law, Sports Injury Hub reserves the right to keep all records of any and all transactions and communications made through this App between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Sports Injury Hub.
19. 19. NOTICES
    1. (a) A notice or other communication to a party under this agreement must be:
       1. (i) in writing and in English; and
       2. (ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
    2. (b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
       1. (i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
       2. (ii) when replied to by the other party,
       3. whichever is earlier.
20. 20. GENERAL
    1. 20.1 GOVERNING LAW AND JURISDICTION
       This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
    2. 20.2 WAIVER
       No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
    3. 20.3 SEVERANCE
       Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
    4. 20.4 JOINT AND SEVERAL LIABILITY
       An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
    5. 20.5 ASSIGNMENT
       A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
    6. 20.6 COSTS
       Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
    7. 20.7 ENTIRE AGREEMENT
       This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
    8. 20.8 INTERPRETATION
       1. (a) (singular and plural) words in the singular includes the plural (and vice versa);
       2. (b) (gender) words indicating a gender includes the corresponding words of any other gender;
       3. (c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
       4. (d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
       5. (e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
       6. (f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
       7. (g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
       8. (h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
       9. (i) (includes) the word “includes” and similar words in any form is not a word of limitation; and
       10. (j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

PART B Clubs

1. 21. ELIGIBILITY AND QUALIFICATIONS
   1. (a) Subject to the requirements set out in Part A, to sign up as a Club, you must provide:
      1. (i) the details of the Club’s organisation and valid proof of business registration such as:
         1. (A) the entity name;
         2. (B) the Australian Company Number, Australian Business Number or Incorporation Number (as the case may be);
         3. (C) contact details including physical and email address; and
         4. (D) company registration certificate, or any other documentation reasonably requested by us,
      2. (ii) the number of Players at your Club (including their respective details) that will be participating in the Services and using the App (Number of Players);
      3. (iii) the details of the Club’s personnel and authorised representatives, including the Club’s nominated internal health officer (Internal Health Officer) that will have ‘administrative’ access to the App; and
      4. (iv) any other details requested by us during the Account registration process.
   2. (b) The Club acknowledges and agrees that it must verify that any Player is over 18 years old or has their parent or guardian’s consent to use the App.
   3. (c) In providing this consent to use the App, Sports Injury Hub reserves the right to request evidence of such for under 18 Players.
   4. (d) The Club and its personnel must at all times maintain a valid working with children check in the jurisdiction the Club will offer its activities and services in. Sports Injury Hub is under no obligation to confirm the status of the Club‘s eligibility to work with people under 18 years old. The Club indemnifies Sports Injury Hub against any claim that may arise in connection with the Club’s eligibility to work with people under 18 years old.
2. 22. Club Obligations
   1. 22.1 PROVISION OF PLAYER PROFILES
      The Club acknowledges and agrees that:
      1. (a) the Club must use to its best endeavours to provide as much information as possible in any listing the Club submits to the App about a Player (Player Profile);
      2. (b) Sports Injury Hub may choose not to accept any Player Profile the Club submits to the App, and Sports Injury Hub may limit the number of Player Profiles the Club can submit to the App, subject to the scope of the Club’s subscription;
      3. (c) any information the Club supplies in a Player Profiles must be true, timely and accurate; 
      4. (d) the Club must take all reasonable steps to complete the questions and prompts asked in describing in every Player Profile, including their personal information and details;
      5. (e) any additional terms and conditions relating to a Player or their Health Professional, are solely between the Club and the relevant Player and do not involve Sports Injury Hub in any way, except that they must not be inconsistent with the Club or the Player’s obligations under this agreement; and
      6. (f) Sports Injury Hub will have no responsibility for the accuracy, reliability or timeliness of any Player or Health Professional’s response.
   2. 22.2 PROCESS OF SETTING UP OTHER USERS PROFILES
      1. (a) To complete the process of setting up a Player from your Club and their nominated Health Professional, the App will automatically generate a unique link for the Player and the Player’s nominated Health Professional to receive (each receive a ‘Link’).
      2. (b) To ensure that the method of delivery is secure and verifiable, the Link will be sent to each Player’s and their Health Professional’s nominated contact details (such as email address and/or mobile phone number) to join the App. Links must not be shared or sent using any other method other than prescribed by Sports Injury Hub.
      3. (c) Upon receiving the Link, each Player and their nominated Health Professional must use it to access the App, confirm their consent to join, and verify their identity.
      4. (d) If a Player or their nominated Health Professional does not confirm their consent and identity via the Link, that User will not be permitted access to the App until such confirmation is received. 
      5. (e) Any issues regarding a Player’s consent or agreement to join the App shall be resolved solely between the Club and the Player. To the extent of any technical issues relating to the App, Sports Injury Hub shall bear no responsibility for such issues.
      6. (f) If you suspect that you may have sent a Link to the incorrect Player or email address, you must immediately contact us using the details on the App.
   3. 22.3 ONGOING REQUIREMENTS
      By signing up and continuing to use the App as a Club, the Club is responsible for:
      1. (a) verifying that all Players, and each Player’s nominated Health Professional to whom Links are distributed to, are authorised to receive a Link and have access to the App;
      2. (b) managing, monitoring, and administering the use of these Links and associated Player Profiles;
      3. (c) ensuring compliance with these terms by all associated users, including all Club personnel, Players, and any authorised third parties to whom the Club grants access to the App; 
      4. (d) updating, maintaining, and ensuring the accuracy of all Player Profile details and associated data, and the relevant appointment of a Player’s nominated Health Professional;
      5. (e) managing and supervising its own Players and personnel in connection with their use of the App, including ensuring that any communications or sharing of information through the App is conducted in accordance with applicable Privacy Laws;
      6. (f) onboarding, setting up and liaising directly with Health Professionals, including correspondence on the Player’s health and condition, including any applicable treatment and recovery plans, and ensuring any information exchanged via the App with such Health Professionals is accurate, appropriate, and authorised by the relevant Player; and
      7. (g) obtaining all consents from Players (specifically including a Player’s Parent/Guardian as the case may be for Players under 18) for the collection, use, and disclosure of their personal and health information through the App, including disclosure to Health Professionals and Club personnel, as applicable.
   4. 22.4 INTERNAL HEALTH OFFICER
      To limit the access to a Player’s personal information and sensitive information, the Club acknowledges and agrees:
      1. (a) the Club shall nominate an Internal Health Officer on the App who will be responsible for accessing and overseeing the sensitive information contained in a Player’s Profile;
      2. (b) the Club must ensure that the Internal Health Officer possesses the necessary qualifications and experience to fulfil their role effectively;
      3. (c) the Internal Health Officer shall be the only person within the Club with access to the sensitive information in the Player’s Profile for the purposes of the App;
      4. (d) that, subject to Sports Injury Hub’s reasonable discretion (including to comply with any applicable privacy laws), a Player’s Profile may only be viewed as ‘Read Only’ mode;
      5. (e) the Club is responsible for ensuring that the Internal Health Officer abides by all applicable privacy laws and regulations; 
      6. (f) the Club shall undertake all necessary measures to guarantee that the Internal Health Officer performs their duties in compliance with these terms, including if necessary, liaising with a Player’s Health Professional; and
      7. (g) the Club is liable for any breach of privacy or confidentiality by the Internal Health Officer, including but not limited to any breach related to the unauthorised access, use, or disclosure of the Player’s Profile.
3. 23. SUBSCRIPTION
   1. 23.1 GENERAL
      1. (a) To receive access to the App and the provision of our Services as set out in these terms, you must pay a subscription fee for each subscription period set out on the App or as otherwise agreed with Sports Injury Hub in writing (respectively, the “Subscription” and the “Subscription Period”).
      2. (b) Your Subscription includes the benefits and limitations as set out on the Website, or as otherwise communicated to you when you subscribe for your Subscription (and as amended from time to time by notice to you).
   2. 23.2 DURATION OF YOUR SUBSCRIPTION
      1. (a) Your Subscription commences on the date you agree to be bound by this agreement (as set out at the beginning of these terms) and continues for the Subscription Period and any Renewal Periods applicable, unless terminated earlier in accordance with clause 16.
      2. (b) Subject to clause 23.2(c), upon expiration of the Subscription Period, this agreement will automatically and indefinitely renew on an ongoing basis for a period equal to the Subscription Period (Renewal Period). 
      3. (c) This agreement will not automatically renew on expiry of the Subscription or Renewal Period (Renewal Date), if either party provides a written cancellation notice at least 7 days prior to the Renewal Date.
      4. (d) At least 7 days prior to the expiry of the Renewal Date, we will provide you with advanced written notice of the agreement renewing and any applicable changes to the Subscription Fees or these Terms (Renewal Notice).
   3. 23.3 SUBSCRIPTION FEES
      1. (a) You must pay subscription fees to us in the amounts specified on the Website for your Subscription, or as otherwise agreed in writing (Subscription Fees). 
      2. (b) Your Subscription Fees will depend on the Number of Players that you nominate to have access to the App under your Subscription, subject any amendments you make to the number of Players at the Club in accordance with clause 24.
      3. (c) All Subscription Fees must be paid in advance and are non-refundable for change of mind.
      4. (d) Unless otherwise agreed in writing, the Subscription Fees are due and payable on a recurring basis for the duration of your Subscription, with the first payment being due on the first day of the Subscription Period and at the beginning of every Renewal Period thereafter.
   4. 23.4 AUTOMATIC RECURRING BILLING
      Subject to clauses 23.5 and 23.6:
      1. (a) Your Subscription will continue to renew on an automatic indefinite basis unless you notify us that you wish to cancel in accordance with this clause 23. 
      2. (b) While your Subscription is maintained, your Subscription Fees will continue to be debited at the beginning of each Renewal Period from the payment method you nominated when you registered for an Account.
      3. (c) By signing up for a recurring Subscription, you acknowledge and agree that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Subscription. 
   5. 23.5 GRACE PERIOD
      If you fail to cancel your Subscription prior to a Renewal Period and you are charged recurring charges, you have up to 5 Business Days from the date of that renewal to cancel your Subscription by contacting us through our Website (Grace Period). If you cancel your Subscription within the Grace Period, please contact us via our Website to request a refund for any recurring fees charged to you during the Grace Period.
   6. 23.6 CHANGES TO SUBSCRIPTION FEES
      We may, from time to time, change our Subscription Fees and provide you with 10 Business Days’ notice prior to the changes. During this time, you have the opportunity to cancel your Subscription with us. If you do not cancel your Subscription before the new Subscription Fees take effect, the Grace Period in clause 23.5 will apply.
   7. 23.7 GST
      Unless otherwise indicated, amounts stated on the Website do not include GST. 
   8. 23.8 LATE PAYMENTS
      We reserve the right to suspend all or part of the App or the Services indefinitely if you fail to pay any Fees in accordance with this clause 23.
4. 24. AMENDING THE NUMBER OF PLAYERS ON THE APP
   1. (a) You may notify us that you would like to increase or decrease the Number of Players as part of your Subscription at any time.
   2. (b) If you increase the Number of Players, we will:
      1. (i) take reasonable steps to promptly provide you with access to the new scope of Subscription for the additional Number of Players; and
      2. (ii) upon providing such access, apply the new, relevant Subscription Fees, to the Renewal Period immediately following the period in which your access to the new Subscription was provided, and you will be charged at the new Subscription Fee in every subsequent Renewal Period.
   3. (c) If you choose to downgrade your Subscription or Number of Players, access to the Subscription or Number of Players and the new Subscription Fees will kick in at the start of the next Renewal Period, unless we notify you otherwise. We generally do not pro-rate Subscription Fees for decreases in the Number of Players in between Renewal Periods, however we reserve the right to from time to time.
   4. (d) You acknowledge and agree that if you decrease the number of Players, we are not responsible for any loss of content, features, or capacity, including any Player Profiles, that may result from such change.
5. 25. CANCELLATION
   1. (a) You may cancel your Subscription by notice to us. Your Subscription will end in the next billing cycle, and you will be charged for that billing cycle.
   2. (b) Your access to the App’s features under these terms will last for the remainder of the next billing cycle to ensure you have an opportunity to retrieve all data you may need from the App. Once the next billing cycles ends, clause 16 shall apply and we will have no responsibility to store or otherwise retain any data, and you release us in respect of any loss or damage which may arise out of us not retaining any data beyond that point.

PART C Players

1. 26. ELIGIBILITY 
   1. (a) If you are using the App and are under the age of 18 you must:
      1. (i) have the consent of your parent and/or legal guardian in order to receive the Services;
      2. (ii) register a Parent Account; and
      3. (iii) register a Child Account.
   2. (b) By using the Services via the App or otherwise engaging us to provide you with the Services, you:
      1. (i) agree to be bound by these terms;
      2. (ii) represent and warrant that you are either:
         1. (A) over the age of 18 years and accessing the Services for yourself; or 
         2. (B) under the age of 18 years and have your parent or guardian’s permission to access the Services. 
   3. (c) If you are a parent and/or legal guardian accessing the Services on behalf of someone under the age of 18, you represent and warrant that:
      1. (i) the person does not have the capacity to access the Services on their own; or
      2. (ii) if they do have the capacity to do so, that you have their consent to access the Services on their behalf and to share their personal and health information with us. 
2. 27. ACCESSING THE APP
   1. 27.1 GENERAL
      1. (a) Using the App as a Player is free of charge. However, you may only access, sign up and use the App if you have received a Link from your Club. 
      2. (b) You must not share this Link with any other person.
   2. 27.2 PARENT OR GUARDIAN ACCOUNT
      1. (a) In order for you to use the App, you may be required to sign up for an account (Parent Account). 
      2. (b) When you register for a Parent Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration, including any other requirements set out in clause 2.
      3. (c) You agree that you’re solely responsible for:
         1. (i) maintaining the confidentiality and security of your Parent Account information and your password; and
         2. (ii) any activities and those of any third party that occur through your Parent Account, whether those activities have been authorised by you or not.
      4. (d) You also agree to let us know if you detect any unusual activity on your Parent Account as soon as you become aware of it.
      5. (e) We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Parent Account information or your password.
   3. 27.3 CHILD ACCOUNT 
      1. (a) In order for your child or dependent to use the Services, you may be required to create an account for your child or dependent (Child Account).
      2. (b) When you register for a Child Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration. As part of agreeing to this agreement, you consent to Sports Injury Hub storing information, including health and sensitive information, about your child or dependent provided by you on the App.
      3. (c) You agree that you’re solely responsible for:
         1. (i) maintaining the confidentiality and security of your Child Account information and your password; and
         2. (ii) any activities and those of any third party, including your child or dependent, that occur through your Child Account, whether those activities have been authorised by you or not.
      4. (d) You also agree to let us know if you detect any unusual activity on your Child Account as soon as you become aware of it.
      5. (e) We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Child Account information or your password.
3. 28. PLAYER OBLIGATIONS
   1. (a) You must provide Sports Injury Hub and your Club with all documents, information and assistance reasonably required by the Club, including the details of your nominated Health Professional and relevant treatment and recovery plans.
   2. (b) You agree that in using the App, any information you provide to us as a part of the Services should be true and correct and you acknowledge that your breach of this clause may negatively impact our ability to provide you with the Services. 
   3. (c) Where you choose not to provide your personal and health information, we may not be able to provide the Services to you and reserve the right to refuse to provide the Services to you. 
   4. (d) You acknowledge and agree that you are responsible for engaging and retaining a Health Professional. Any fees, costs or expenses charged by your Health Professional in connection with any services provided to you as a Player is your responsibility. Sports Injury Hub has no obligation or liability whatsoever in relation to the payment of such fees, costs or expenses, and is not responsible for any disputes between the Player and their Health Professional regarding payment or the performance of services.
   5. (e) Any issues regarding a Health Professional’s consent or agreement to join the App shall be resolved solely between the Player and their nominated Health Professional. To the extent of any technical issues relating to the App, Sports Injury Hub shall bear no responsibility for such issues.
4. 29. PLAYER ACKNOWLEDGEMENTS AND DISCLAIMERS
   1. (a) The content available on the App is general in nature and is not intended to cater to your specific personal circumstances, health conditions, or medical needs. 
   2. (b) It is essential to understand that the information provided on the App is not a replacement, substitute, or supplementary to actual medical advice, diagnosis, or treatment from qualified medical professionals or licensed physiotherapists.
   3. (c) All Users, specifically Players, are strongly encouraged to seek the advice of a qualified healthcare provider or medical professional with any questions or concerns they may have regarding their physical health or medical conditions before applying any information obtained from the App and before returning to play.
   4. (d) The application of any Health Professional advice is undertaken entirely at your own risk. Sports Injury Hub is not liable for any decision made or action taken by you based on the information contained on the App, including any decision to return back to play, train or compete.
   5. (e) Sports Injury Hub does not warrant or guarantee the accuracy, completeness, or usefulness of the information provided and expressly disclaims any liability for any adverse effects or consequences that may arise from the use of, or reliance on, the information provided through the App in pursuit of your specific health and wellbeing goals or treatments.
   6. (f) Sports Injury Hub is not liable for any advice, recommendations or information you obtain from other Users on the App or otherwise.
   7. (g) By accessing the App, you acknowledge that any reliance on the information provided is at your own risk, and you agree to hold Sports Injury Hub harmless from and against any and all claims, damages, liabilities, costs, or expenses (including legal fees) that may arise from your use of the App or Service Content in your specific health and wellbeing goals, treatments, requirements or initiatives.
5. 30. PROVISION AND COLLECTION OF PERSONAL INFORMATION
   1. (a) By using the App you consent or if you are a parent or guardian of the Player, then you consent on their behalf, to participate (and continue to participate) in the Services and for us to collect and publish personal information and sensitive information, such as health information, on the App to your Club and your Health Professional (sometimes both as the case may be).  
   2. (b) Our Privacy Policy contains more information about how we use, disclose and store your information as a Player and details how you can access and correct your personal information, which can be accessed here.
6. 31. CANCELLATION
   
   1. (a) Players cannot delete their own Account.
   2. (b) Requests to cancel or otherwise terminate the Account must be made to the Player’s Club Internal Health Officer or authorised personnel.

PART D Health Professionals

1. 32. ELIGIBILITY AND REGISTRATION
   1. (a) If you’re registering an Account as a Health Professional, you represent and warrant that
      1. (i) a Player has nominated you to be their selected Health Professional; and
      2. (ii) you are qualified and licensed as a health and/or medical professional such as a physiotherapist, physician or psychologist, in the field which you nominate when registering your Account.
   2. (b) Using the App as a Health Professional is free of charge. Upon registration, you will be required to enter the unique identifier Link provided to you by the Player’s Club. This Link will be used to onboard and connect your designated Player with your Account and will share their details and any information they upload with you.
2. 33. WARRANTIES
   By registering yourself as a Health Professional on the App, you represent and warrant that:
   1. (a) if anywhere on your Account or in using the App you hold yourself out to possess certain qualifications as a Health Professional (Health Professional Qualifications), you warrant to Sports Injury Hub that you do hold such Health Professional Qualifications and if requested, will promptly provide Sports Injury Hub with evidence of the Health Professional Qualifications; and
   2. (b) you will provide services to each Player:
      1. (i) using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; 
      2. (ii) in accordance all applicable laws, tax obligations and industry standards;
      3. (iii) in accordance with any applicable standards, codes, and guidelines applying to the provision of professional healthcare;
      4. (iv) with due care and skill and in a professional, punctual and diligent manner;
      5. (v) in a manner so that the services are fit for their intended purpose; and
      6. (vi) by not engaging in any other act, omission or conduct that puts you in a position of conflict between your duties to the Player and your duties to another person or entity.
3. 34. INSURANCE
   You acknowledge and agree that as a Health Professional, you are responsible for obtaining and maintaining insurances to cover all potential liabilities and risks in relation to the provision of your services and your business (if applicable), including but not limited to professional indemnity insurance, and public liability insurance.
4. 35. CANCELLATION
   
   1. (a) Health Professionals cannot delete their own Account.
   2. (b) Requests to cancel or otherwise terminate the Account must be made to the Player’s Club Internal Health Officer or authorised personnel.