Terms And Conditions

USER AGREEMENT
- All contracts, agreements, arrangements and dealings between Rookie Me Enterprise Pty Ltd (ACN 663 913 666) (and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns) (Rookie Me, we, us, our) and any person using the Rookie Me Systems, including the Rookie Me Testing, Play, Coach and Hub applications (together, the Applications) (customer or you) are subject to these terms and conditions of use (Terms).
- These Terms supersede all prior understandings, arrangements and agreements relating to your use of the Applications.
- These Terms are a legally binding agreement between you and Rookie Me and will apply to your use and access to the Applications, related websites and services.
- You may only use the Application(s) if you agree to be bound by the Terms. Please read the Terms carefully before You start using our services, as these will apply to Your use of the Application(s).
- If you are agreeing to these Terms on behalf of a company, organisation, government entity or other incorporated legal entity, you represent and warrant that you are authorised to do so on the organisation’s behalf. Unless otherwise indicated in these Terms, any reference to "you" or "your" is also a reference to the entity for which you are authorised to act.
- Rookie Me may amend these Terms at any time and for any reason, at its sole discretion. You will be notified by a push notification on the Application and/or by email when the Terms are updated. By continuing to use the Application(s), you will be deemed to have accepted any revised terms published from time to time on the Rookie Me website (www.rookieme.com) or in the Terms of Use section of the relevant Application.
- The amended Terms shall be effective thirty (30) days after they are initially posted by Rookie Me. You agree that your continued use of the Application(s) will be evidence of your acceptance of those changes.
- To view terms that apply to other Rookie Me Services please visit:
  - In-person events: https://www.rookieme.com/academy/terms/
  - Privacy Policy: https://www.rookieme.com/privacy/
REGISTRATION
- In order to access the Applications, you must register as a user on the relevant Application (User).
- To register as a User, you may use one or more registration channels facilitated by Rookie Me that may include usernames and passwords or single sign on options (Access Information). Access Information is authenticated using secure third-party systems. This registration will provide access to the Application(s).
- If your User registration has been automated, your initial login will be used as the date of acceptance of these Terms.
- Users with administrative privileges for an Entity may have elevated permissions to enable or disable other Users connected to that Entity.
- Age requirements
  - If you are under 16 years old, you may only become a User of the Rookie Me Play application with the approval of your parent or guardian.
  - Parents and Guardians may access the Rookie Me Testing application on behalf of their children aged 9 years and over only.
  - You may be subject to additional age requirements to access an Application, depending on the terms and conditions of the Apple App Store or Google Play Store.
- Free and paid accounts
  - You may access the Applications without payment of any fees, but your access will be limited to freely available features only. A User’s access to functionality may be limited or elevated based on licensees provisioned for an Entity to which the User’s account relates.
  - Subscription users will be given full access to the relevant Application(s), and subscription fees and terms may be determined by separate agreement between Rookie Me and the Entity with which you are affiliated, or as otherwise agreed between you as an individual User and Rookie Me.
  - All payments completed on the Applications will be facilitated by third party payment systems such as Stripe. If payments are subject to a payment processing fee, these will be disclosed to you prior to completing the transaction.
- Any information which you provide to us in registering as a User will be stored in accordance with the Rookie Me privacy policy which is published on the Website at www.rookieme.com/privacy as amended from time to time. You agree to keep all information provided to us true, accurate, up-to-date and complete.
- You are responsible for all activity that occurs on your account, and you must keep your Access Information secure and protect it from unauthorised access or use, including safeguarding your password and ensuring your password is strong (combines upper- and lower-case letters, numbers and symbols). If you suspect or become aware of any unauthorised use of your account or that your Access Information is no longer secure, you agree to notify us immediately in writing.
- You acknowledge and agree that any person you invite to register for access to Applications will be required to accept the terms of this Agreement and the Privacy Policy prior to accessing and using Applications.
USE OF AND ACCESS TO THE APPLICATION
- Subject to these Terms and all applicable laws, Rookie Me grants you a non-exclusive, revocable, non-transferable, non-sublicensable right to access and use the relevant Application for the purpose of accessing the Rookie Me Services for the duration of your subscription term only.
- You must not:
  - infringe the Intellectual Property Rights of Rookie Me or any third party;
  - rent, lease, distribute, sell, sublicence, on sell, transfer or provide access to the Application to unauthorised third parties;
  - without Rookie Me’s prior written consent, incorporate the Application(s) into a product or service you provide to a third party;
  - interfere with any mechanisms in the Application intended to limit your access or use of the Applications or System;
  - reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to the Application(s) or System except to the extent expressly permitted by law (and in such case, only upon providing us with advance notice in writing);
  - remove or obscure any proprietary or other notices contained in any Application;
  - use an Application to build competitive products;
  - access or use another User’s account and may not cause or allow another person to use your account, other than as expressly allowed under these Terms; or
  - encourage or assist a third party to do any of the above.
- Rookie Me may in its sole discretion restrict a User’s access to the Application for any violation of the above restrictions on the licence, or for a suspected violation of the acceptable use policy set out in the below clause. We may terminate a User’s account for repeat violations. We will not be liable to you or any third party for terminating a User’s account or restricting a User’s access to the Application in accordance with this clause.
- Rookie Me may, in its sole discretion, delete a User account which we deem to be abandoned (inactive for an extended period of time). Your Information stored or contained in an abandoned User account may be deleted permanently without prior notice to you, subject to our Privacy Policy.
- Rookie Me may in its sole discretion restrict or disable entire Entities and their related information and data for any violation of these terms, or for a suspected violation of the acceptable use policy set out in the below clause. We may terminate an entire Entity Profile for repeat violations. We will not be liable to you or any third party for terminating an Entity Profile or restricting access to the Application in accordance with this clause 3.5.
- Family Connect – Additional terms
  - As a manager in a "Family Group", you are responsible for the access granted to members under your "Family Group".
  - As a member in a "Family Group", your access will be determined by the manager of your "Family Group".
  - By agreeing to join a "Family Group" you understand that the "manager" of your "Family Group" will have unrestricted access to your account, and may impose limitations on certain features / functionality across the Application(s).
- Member and Group accounts
  - As a registered user of the Application (a “Member”) You will have different functions and roles and, in most cases, connected to an organization/team (a “Group”). Member accounts are connected to a Group without administrative privileges.
  - As an admin Member (an “Admin”) You may control a specific Group with more possibilities to add, edit and delete Information.
  - You accept that other Members will have the right to act within the competence of their specific roles/account types.
  - Should Rookie Me reasonably suspect that a user is unauthorised to hold an Admin account, Rookie Me may, in its sole discretion, shut down connectivity for the suspected Admin user and assign the role type to an alternate Group Member.
  - In order to improve and develop the Application, Rookie Me may, at any time and without prior notice, change the rights linked to the different types of Members or an Admin account.
ACCEPTABLE USE
- You must not:
  - use the Applications in any way that could damage the reputation of Rookie Me or the goodwill or other rights associated with the System;
  - permit any person to link to any page containing any part of the System (including via a hyperlink or RSS feed) without our prior written consent;
  - reproduce, make corrections to, or otherwise modify or adapt the System, the Applications or the Website or create any derivative works based upon them;
  - develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the System or otherwise copy data from the System;
  - override any security feature or bypass or circumvent any access controls or use limits of the System;
  - upload anything to the System that contains
    - Viruses or any other harmful code;
    - material that is of a sexually explicit, harmful, discriminatory or offensive nature;
    - material that supports any breach of ethics, racism, discrimination, abuse or bullying;
    - material that facilitates, supports or incites illegal activity or violence;
    - material that causes damage, or seeks to incite, damage or injury to another party or to property; or
    - is otherwise in contravention of the Australian Classification Board and Broadcasting Services Act 1992 (Cth) or similar laws and regulations in your jurisdiction;
  - use bots or other automated methods to access the System;
  - monitor the System’s availability, performance or functionality for any competitive purpose;
  - probe, scan, or test the vulnerability of the System or network;
  - access or search or attempt to access or search the System by any means (automated or otherwise) other than through our currently available, published interfaces or Applications provided by us pursuant to these Terms;
  - engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the System, including forging TCP/IP packet headers or any part of the header information in any communications from us, or use the System or Applications in any way to send altered, deceptive or false source identifying information;
  - overlay or otherwise modify the System, the Applications or its appearance or interfaces;
  - interfere with the operation of, or place an unreasonable load on, the System; or
  - otherwise do anything that adversely affects the integrity, or interferes with the functioning of, the System and Applications.
- Rookie Me Coach
  The following conditions apply to the use of Rookie Me Coach:
  - you warrant that all information you provide to us is true and accurate;
  - you further warrant that the information (specifically the test metric scores) is not a result of any prohibited substance in violation of anti-doping rules;
  - you must at all times hold, and continue to hold, a “working with childrens check”. Any allegation of conduct that could prevent or lead to the removal of your “working with childrens check” may result in immediate suspension of access to Rookie Me Coach.
- You agree that the drills and materials provided in Rookie Me Coach are generic in nature and must be used with common sense, having regard to the age, ability, fitness, health, physical capabilities and skillset of your team.
- Rookie Me, its officers, staff, contractors, and the Rookie Me Coach application do not provide medical or professional advice. Any information contained in Rookie Me Coach is general in nature only.
YOUR INFORMATION
- We reserve the right to remove any content or functionality from any/all Applications for any reason. We may, at any time and for any reason (acting reasonably), deny you future access to Applications or impose conditions on your access.
- You own and will continue to own at all times all of the rights, title and interest in and to your Information and you are solely responsible for the legality, reliability, integrity, accuracy and quality of your Information.
- You continually warrant that you are the owner or licensee of all your Information; that you have all rights and consents required to provide your Information to us; and that our use of your Information in accordance with this these Terms will not infringe the Intellectual Property Rights or any other rights of any third party or of any of your directors, officers, employees, contractors, agents.
- While you remain a User, we may analyse the way in which you use the System, the Applications and the Website for the purposes of developing the System or assessing its business operations. You acknowledge that any Insights created by us in doing this is the sole and exclusive property of Rookie Me. Insights will be de-identified and will not contain any Personal Information.
- When you upload content such as an Entity’s logo to Applications or otherwise give us your Information, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all intellectual property rights (including copyright and trademark rights) you have in the content, in any media known now or in the future, for the purpose of the conduct of Applications business insofar as Applications or any person authorised by them, acting reasonably, determines is necessary – including for displaying your scores and results, communications, recreating your Entity logo on merchandise or other business purposes. If you have an issue with the way we are using your content, please get in touch with us.
- Where reasonable to do so, we will take steps to ensure any Information is de-identified before using the Information to improve our services. In some cases, parts of your Information will be required to maintain access and usability of the Application(s) for other Users. This includes information such as game times and track positions, which are required details to maintain Application usability for your Team or Club. You acknowledge your Information stored and use for this purpose may not, in all cases, be de-identifiable.
MAINTENANCE
- We use all reasonable endeavours to ensure that Applications are accessible 24 hours per day, 7 days per week, but there will be times when access may be suspended in order to perform necessary maintenance, updates, or upgrades. You acknowledge that circumstances may arise requiring us to suspend or terminate access to Applications at any time without reason and without notice.
- We may provide you with updates to the Application from time to time to enhance or improve the quality, functionality or operation of the Application from time to time (Update). Updates must be accepted in order to continue accessing all features of the Application. You acknowledge that in the event that you fail to accept an Update, your ability to access or use the Application may be adversely impacted.
- You agree and acknowledge that:
  - your access to or use of the System may be suspended due to Force Majeure for the duration of the Force Majeure event;
  - the Applications and related data are hosted on and supported by servers, internet connections, networks, and other software and/or hardware that are not in the control of Rookie Me and for which we are not responsible under these Terms or otherwise unless in accordance with applicable laws;
  - access to and use of the Applications may be affected by such external factors as speed of connection from your equipment to the servers supporting the Applications at any given time, which factors are beyond the control of Rookie Me; and
  - we will not be liable to you for any Loss arising in connection with any lack of availability or use of, or access to, or failure, defect, interruption or limitation of the Applications whatsoever.
STATUTORY CONDITIONS AND WARRANTY
- Consumer Notice: services supplied to you by Rookie Me may come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.
- Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law (Warranty), any liability imposed upon Rookie Me in respect of a breach of Warranty will at its option be limited to:
  - the resupply of services, or
  - the refund of the price paid for the services.
- Warranties do not apply where the services are acquired for rental, hire or other commercial purposes.
- Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
  - to cancel your service contract with us; and
  - to a refund for the unused portion, or to compensation for its reduced value.
- You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service
- To the extent permitted by law, the following are not covered by Warranty:
  - failure or defect resulting from your improper care or use;
  - faulty or incorrect use of the Applications by you; and
  - any modification or alteration not conducted or authorised by Rookie Me.
- To the extent permitted by law, we shall not be liable for any indirect or consequential damage, Losses or expenses suffered or incurred by you, howsoever caused.
LIMITATION OF LIABILITY
- Except as expressly set out in these Terms or in applicable law, we make no warranties or other representations to you in relation to the System. Our liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
- You acknowledge and agree that:
  - to the maximum extent permitted by law, we will not be liable to your or any other person under any circumstances for any Loss suffered or incurred by you, or for any indirect, incidental or consequential damages sustained or incurred by you whether such liability arises directly or indirectly as a result of:
    - any negligent act or omission or wilful misconduct by Rookie Me or its employees or agents;
    - the supply, performance or use of the System or Applications; or
    - any breach by Rookie Me of its obligations under these Terms;
  - no other term, condition, agreement, warranty, representation or understanding (whether express or implied) in any way binding upon Rookie Me, other than these Terms, is made or given by or on behalf of Rookie Me;
  - you are solely responsible for making an assessment that the Applications are reasonably fit for your intended purpose and required use, and such purpose or required use is in accordance with all applicable laws; and
  - we are not responsible for any Loss We do not limit access to our Application to specific jurisdictions, and as such you are solely responsible for ensuring your use of the Applications is compliant with any applicable laws of the jurisdiction in which you are located.
- We will endeavour to provide the System and any services to you with due care and skill but do not warrant that any services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for Loss of any kind (however caused or arising) relating in any way to the System, the Applications and Website including, but not limited to, Loss you might suffer as a result of:
  - errors, mistakes or inaccuracies contained in the System, the Applications or the Website;
  - you acting, or failing to act, on any information contained on or referred to in the Applications and/or any linked website;
  - any unauthorised access to or use of the System, the Applications and the Website and information of any kind stored on the servers that host the System, the Application or the Website;
  - any interruption or cessation of transmission to or from the Applications and the Website;
  - any Viruses or other harmful code or communications which may be transmitted to or through the Applications or the Website by any third party; and
  - Rookie Me does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on the System or any linked website or any products or services products or services contracted or purchased through the marketplace of the Application or Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and a third-party provider of products and services or other Users.
  - In any situation, Rookie Me’s maximum aggregate liability to you, or any related party, arising out of or related to these Terms will not exceed the amount actually paid or payable by you to us under these Terms in the twelve (12) months immediately preceding the claim.
INFORMATION ON THE SYSTEM
- Rookie Me is not responsible for any typographical, technical, or descriptive errors contained in the Applications. If Rookie Me becomes aware of the existence of such an error, it will do all things reasonably necessary to rectify such an error. To the extent permitted by applicable laws, Rookie Me will not be liable to you for any Loss arising out of your reliance upon any typographical, technical, or descriptive errors on the Applications.
LINKS TO THIRD PARTY WEBSITES
- The System may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and Rookie Me may have no control over the operation of such websites, content or resources. The existence of these links does not imply that Rookie Me endorses the linked website, content or resource. You acknowledge that Rookie Me has not reviewed all third-party websites, content or resources and are not responsible for the material contained therein.
INTELLECTUAL PROPERTY
- In granting you access to any Application, we do not confer on you any assignment of any Intellectual Property Rights that subsists in any of the Application(s), System or any other materials owned, licenced, or supplied by Rookie Me other than the limited licence set out in clause 3 above. You agree that you will not assert any rights in, or challenge Rookie Me’s title to, those Intellectual Property Rights.
- You acknowledge that Rookie Me retains ownership of all rights, title, interest and goodwill in the Intellectual Property Rights that subsists in the Applications, System, Insights, and any materials supplied by Rookie Me (including user guides, instruction manuals and other documents).
- Where Intellectual Property Rights of third parties are used in the Applications, Rookie Me has obtained the right to use such intellectual property, and you must not use such intellectual property, or infringe on third party Intellectual Property Rights.
- You are not permitted to assign, transfer or sub-licence any of the rights granted to you by Rookie Me to any related party or any unrelated third party without the express consent in writing of Rookie Me. We may withhold such consent in its absolute discretion or may grant consent on such terms as it considers fit.
- You shall not re-publish, transfer, copy, reproduce or post on the internet any of Rookie Me’s materials without our prior written consent.
- In addition to any other remedies available to Rookie Me under these Terms or otherwise, any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of the Intellectual Property Rights will entitle Rookie Me to any available statutory or equitable remedy against you.
- The copyright in the Website, the Applications and the System, copy, images, logos, indicia, text, content is owned by Rookie Me. The domain name www.rookieme.com or any of the trademarks, logos or other material in which Intellectual Property Rights subsist may not be used in advertising or publicity pertaining to distribution of this information without Rookie Me’s prior written consent. To request consent for publication, you may send us an email at admin@rookieme.com.
- If you correspond or otherwise communicate with Rookie Me, including through voluntary submission of feedback, comments or reviews, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, testimonials, ratings and reviews on the Application(s), in the Apple App Store or Google Play or on Google or any search engine or on the Website and developing your ideas and suggestions for improved products or services Rookie Me provides. You acknowledge that you have no right or claim to Intellectual Property Rights in any development to the Rookie Me products and services.
- We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If we receive notification from anyone that you are infringing any copyright, we will take appropriate actions including, but not limited to, terminating, suspending and deleting your User account as well as removing all infringing material from your User account, at our sole discretion and without notice or liability to you.
- If you wish to report an actual or suspected infringement of Intellectual Property Rights, please send us email at admin@rookieme.com.
PRIVACY AND PERSONAL INFORMATION
- We will treat all personal information provided to us by you in connection with your access to and use of Applications in accordance with the Privacy Act 1988 (Cth) and all other applicable legislation relating to the use of personal data (Privacy Laws), in accordance with our privacy policy located at https://www.rookieme.com/privacy (Privacy Policy).
- Without limiting any other obligations under this agreement, you warrant and agree that;
  - any personal information provided to us by you (via Applications or otherwise) has been collected and shared, and will be processed and stored by you, in accordance with all applicable Privacy Laws, whether or not such Privacy Laws would ordinarily apply to your collection, use, processing and storing of such personal information;
  - you have notified any individual to whom personal information you share with us relates of our identity and have obtained their consent to our processing, use and storage of such personal information in accordance with these Terms and our Privacy Policy;
  - you will not use Applications to collect, store, use or gain access to any personal information which is not strictly necessary for your normal intended use of Applications;
  - No part or portion of the content on Applications may be sold, modified, reproduced, transmitted, distributed or used in any manner except as provided in this agreement or with our prior written consent;
  - any personal information or other information extracted, copied or downloaded from Applications by you will be stored in a secure location and protected from any unauthorised access or disclosure; and you will keep any password required to access your Applications account secure and will not disclose it to any third party; and
  - you will notify us immediately of any actual or suspected unauthorised use of your Rookie Me account.
- Our computer servers may record details about any computer which is used to access the System (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
- We will comply with our Privacy Policy and with the requirements of the Privacy Act with respect to your Personal Information.
TERMINATION
- You may cease accessing the Application(s) at any time; however, the Terms will continue, and any subscription fees paid by you will not be refunded unless the Terms are terminated in accordance with this clause 13.
- Rookie Me may terminate these Terms and revoke your access to the Application(s), immediately for any reason and at any time, without prior notice to you, if:
  - you are in breach of these Terms and have not remedied the breach within 7 days of notice to you; or
  - you have repeatedly violated the acceptable use requirements under these Terms.
- Either party may terminate these Terms if a Force Majeure event occurs and subsists for over 30 days.
- Upon termination of these Terms for any reason:
  - your access to the Application(s) will cease or, at Rookie Me’s sole discretion, revert to limited features available on a free access basis;
  - Rookie Me will continue to use any non-personally identifiable information gathered during your access to the Application for future use, including game times and trends;
  - you must pay Rookie Me any outstanding amounts for services provided by Rookie Me (including Application access and subscription fees) up to and including the date of termination;
  - any fees paid by you in advance may be refunded on a pro rata basis, except where the Terms have been terminated in accordance with clause 13.2; and
  - clauses 5, 7, 8, 9, 10, 11, 14, and 15 survive termination of the Terms.
DISPUTE RESOLUTION
- Neither party may commence an action against the other without first complying with this clause 14.
- In the event of any complaint or claim arising out of these Terms, you must first provide notice of the dispute in writing to Rookie Me.
- Rookie Me will offer a resolution to your complaint or claim within a reasonable period of time, being not less than 45 calendar days from receipt of your notice.
- If we are unable to resolve your complaint or claim within a reasonable period of time, either party may refer the dispute to mediation by providing the other party with a mediation notice.
- Within 45 calendar days of receipt of a mediation notice, the parties must agree to a mediator, and failing agreement, the parties must appoint a mediator recommended by the Law Institute of Victoria.
- The costs of mediation will be paid equally by the parties.
- Both parties must, in good faith, attempt the resolve the dispute at mediation, and allow a reasonable amount of time for the resolution to be effected. If the mediation fails to resolve the dispute, either party may commence an action in a court of competent jurisdiction, as set out in clause 16.7.
- Nothing in these Terms prevents a party from seeking urgent interlocutory or injunctive relief with respect to a violation of Intellectual Property Rights, confidentiality obligations, or enforcement of an award or order in the appropriate jurisdiction.
INDEMNITY
- You will at all times indemnify, and agree to keep indemnified, Rookie Me and its directors, officers, employees and agents from and against any Loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by Rookie Me arising from any claim, demand, suit, action or proceeding by any person against you or against Rookie Me where such Loss or liability arose out of, in connection with or in respect of your use of the System or Applications, or breach of these Terms, including any costs of enforcement.
GENERAL
- Any notice to Rookie Me under these Terms must be given in writing to admin@rookieme.com and will be deemed given upon our receipt of the notice. We may provide notice to you via email or through your account on the Application(s). Any such electronic communication will satisfy legal communication requirements. Notices to you will be deemed to be received upon the first business day after transmission is sent by us.
- In the event that Rookie Me merges, sells or otherwise undergoes a change control of its business or the System to a third-party, it reserves the right, without giving notice or seeking consent, to transfer or assign the Personal Information, content and rights that it has collected from you and any agreements between you and Rookie Me. However, we will endeavour to provide you with notice of the transfer as soon as reasonably practicable prior to or following the completion of the transfer.
- The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms.
- If Rookie Me does not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is in writing and signed by Rookie Me.
- If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms or any agreement between Rookie Me and users, customers, partners or third parties, and the severed part will not affect the validity and enforceability of any remaining provisions or agreements.
- The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these terms and conditions or part of them.
- These Terms and any agreement between Rookie Me and you will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
DEFINITIONS

Application means, collectively or separately, every current and future website, mobile and desktop application or software available on any other platform, including but not limited to the Rookie Me website, Rookie Me testing portal, Rookie Me Hub, Rookie Me connect, Rookie Me Play, Rookie Me Coach, and the Services provided by Rookie Me through each of them;

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of any state and territory fair trading legislation;

Coach, Club, and Team are permission settings determined by a User in the relevant Application(s), and may refer to the sporting team or club with which a User is affiliated, both in the Application(s) and in person;

Entity means a Team, Club, School, League, organisation, Association or any other organised collective or individuals that can be represented as a group;

Entity Profile means a digital representation of an Entity on one or more of the Applications;

Information (and your Information) means all documents, data, records, images, logotypes, trademarks, videos, copyright protected information and all other information and data relating to you provided, uploaded or published by you or any other third party and made available for access at or via the Application(s);

Intellectual Property Rights means all intellectual property rights (whether created before, on or after the date of this Agreement and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade name, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise or any similar industrial property right or any right to, or application for registration of, any of them;

Force Majeure means any act or event caused by any factor that is not within the reasonable control of a party to these Terms, including without limitation, act of God; war; national emergency; cyber-attack; explosion; damage to telecommunications infrastructure or internet services leading to a failure or delay to perform any obligations under these Terms;

Insights means the derived results from insights and analytics of the System including your use of the Application, Website and System as compiled by Rookie Me or its agents or contractors;

Loss includes any loss, damage, liability or obligation, compensation, fine, penalty, charge, payment, cost or expense (including any legal cost and expense on a full indemnity basis) however it arises and whether it is present or future, fixed or unascertained, actual, consequential or contingent and including any loss of profits, loss of revenue and loss of opportunity;

Personal Information has the meaning given to it in the Privacy Act;

Privacy Act means Privacy Act 1988 (Cth) as amended from time to time;

Services means the services provided by Rookie Me through the Applications, including, but not limited to Events, Notes, Licences, Family Connect, and Messaging;

System means the cloud-based infrastructure that facilitates the operation of the Rookie Me Applications, and all of its associated services and/or functionality and which is accessible by Users through the Applications together with all of Rookie Me’s Intellectual Property Rights attaching to or in respect of same;

Virus means anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices; and

Website means the website with the designated URL www.rookieme.com and its associated services and/or functionality.

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