My Swim Live / Immerse Results Pilot Terms and Conditions

Welcome to My Swim Live / Immerse Results! We provide a digital platform that enables swimming clubs (Clubs) to post swimming meet results that can be viewed by swimmers, parents, guardians and other community members (Members) (the Platform).

In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean Techdyne International Pty Ltd (ACN 086 783 986).

These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Platform unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms in the Definitions section.

Our disclosures

Please read these Terms carefully before you accept. We draw your attention to:

our privacy policy (on the Platform) which sets out how we will handle your personal information;
clause 1.7 (Variations) which sets out how we may amend these Terms;
clause 2.2 which sets out that if you are a Club, you must obtain express consent from swimmers and their parents and/or guardians to post swimming meet results and provide us with related data; and
clause 8 (Liability) which sets out that we exclude all liability under these Terms due to the pilot nature of the Platform.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on the Platform, or for featuring certain goods or services on the Platform.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Engagement and Term

1.1 These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their terms (the Term).

1.2 Subject to your compliance with these Terms, we will provide you with access to the Platform.

1.3 Where we require access to your premises or computer systems in order to provide the Platform, you agree to provide us with such access free from risk to the safety of our employees and contractors.

1.4 We will not be responsible for any other services unless expressly set out in these Terms or on our Platform.

1.5 You acknowledge and agree that your access to the Platform is provided as a pilot, and as such you agree:

that from time to time, we may update the Platform to fix issues or change features, but if possible, we endeavour to inform you when this happens;
that the Platform is provided “as is” and we do not warrant that the Platform will always run uninterrupted or be error-free (such as during scheduled or emergency maintenance);
that we have no legal obligation to maintain, support, update, or fix any errors in the Platform;
to cooperate with us as reasonably needed, to help us provide, test and improve the Platform; and
to not disclose, or provide access to, the Platform to third parties without our prior written consent.

1.6 Where you engage third parties to operate alongside the Platform (for example, any third-party software systems you wish to integrate with the Platform), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise.

1.7 Variations. We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Platform.

2. Account

2.1 You must sign up for an account in order to access and use the Platform. We offer Club Accounts and Member Accounts.

2.2 If you sign up to our Platform as a Club:

you must provide us with the registration details for your relevant swimming body (such as Swimming Victoria) upon our request; and
you represent and warrant that you have obtained express consent from each relevant swimmer and their parent and/or guardian to post their swimming meet results on our Platform and provide us with related data.

2.3 You may invite Authorised Users to access and use the Platform under your Account. You are responsible for ensuring that your Authorised Users comply with these Terms. You may change who your Authorised Users are at any time through your Account, and what access rights or permissions they have when using the Platform. Any limitations on the number of Authorised Users you can have will be set out in your Account or on the Platform.

2.4 While you have an Account with us, you agree to (and to ensure your Authorised Users agree to):

keep your information up-to-date (and ensure it remains true, accurate and complete);
keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

2.5 If you close your Account, you and your Authorised Users will lose access to the Platform.

3. Licence

3.1 During the Term, we grant you and your Authorised Users a right to use our basic Platform in accordance with these Terms. This right cannot be passed on or transferred to any other person.

3.2 You must not (and you must ensure that your Authorised Users do not):

access or use the Platform to transmit, publish, upload or communicate content or material that is obscene, indecent, defamatory, offensive, abusive, menacing, harassing or unwanted;
access or use the Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
interfere with or interrupt the supply of the Platform, or any other person’s access to or use of the Platform;
introduce any viruses or other malicious software code into the Platform;
use any unauthorised or modified version of the Platform, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Platform;
attempt to access any data or log into any server or account that you are not expressly authorised to access;
use the Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing; or
circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party.

You acknowledge and agree that we may suspend or terminate your access to the Platform in accordance with clause 10 if you and/or your Authorised Users fail to comply with clause 3.2.

3.3 You remain solely responsible for the content and material you and your Authorised Users transmit, publish, upload or communicate on our Platform. We reserve the right to remove any content or material that we determine or suspect violates these Terms (in our sole discretion).

4. Availability, Disruption and Downtime

4.1 While we strive to always make the Platform available to you, we do not make any promises that it will be available 100% of the time. The Platform may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

4.2 The Platform may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

4.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Platform.

5. Intellectual Property and Data

5.1 We own all intellectual property rights in the Platform. This includes how the Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Platform.

5.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

5.3 We do not own any of Your Data, but when you enter or upload any of Your Data into the Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Platform (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

supply the Platform to you and your Authorised Users (for example, to enable you and your Authorised Users to access and use the Platform), and otherwise perform our obligations under these Terms;
diagnose problems with the Platform;
improve, develop and protect the Platform;
send you information we think may be of interest to you based on your marketing preferences;
perform analytics for the purpose of remedying bugs or issues with the Platform; or
perform our obligations under these Terms (as reasonably required).

5.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.

5.5 You are responsible for (meaning we are not liable for):

the integrity of Your Data on your systems, networks or any device controlled by you or your Authorised Users; and
backing up Your Data.

5.6 When you use the Platform, we may create anonymised statistical data from Your Data and usage of the Platform (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Platform, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

5.7 If you do not provide Your Data to us, it may impact your ability to use the Platform.

5.8 This clause 5 will survive the termination or expiry of these Terms.

6. Confidential Information and Personal Information

6.1 While using the Platform, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any Authorised Users, employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a “need-to-know basis” (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

6.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

6.3 We collect, hold, disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Platform, and applicable privacy laws.

6.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent). For Clubs, this includes obtaining the express consent from swimmers and their parents and/or guardians to post swimming meet results on the Platform, as required under clause 2.2(b).

6.5 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

6.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

6.7 This clause 6 will survive the termination or expiry of these Terms.

7. Consumer Law Rights

7.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.

7.2 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

7.3 This clause 7 will survive the termination or expiry of these Terms.

8. Liability

8.1 To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, special or consequential damages, including damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) in connection with these Terms or arising out of or related to the use of the Platform.

8.2 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Platform. However, we are not liable for disruptions or downtime.

8.3 By using the Platform, you agree and understand that we have offered access to the Platform with a fair limitation of risk and that we would not have done so without these limitations on liability.

9. Notice Regarding Apple

9.1 To the extent that you are using or accessing the Platform on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

9.2 Apple has no obligation to furnish you with any maintenance and support services with respect to the Platform.

9.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

9.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

9.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

9.6 You agree to comply with any applicable third-party terms when using our mobile application.

9.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

9.8 You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Suspension and Termination

Suspension

10.1 We may suspend your access to the Platform where we reasonably believe there has been any unauthorised access to or use of the Platform (such as the unauthorised sharing of login details for the Platform) or you breach the licence conditions in clause 3.2 (including by uploading obscene material). If we suspend your access to the Platform, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Platform will end.

Termination

10.2 We may terminate these Terms (meaning you will lose access to the Platform) if:

you or your Authorised Users breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
you or your Authorised Users breach these Terms and that breach cannot be remedied;
we decide to discontinue the Platform, in which case we will provide you with written notice; or
you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

10.3 You may terminate these Terms if we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach.

10.4 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 11.8), and termination will take effect immediately.

10.5 Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.

10.6 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

10.7 This clause 10 will survive the termination or expiry of these Terms.

11. General

11.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

11.2 Disputes: Neither we nor you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If the Dispute is not resolved at that initial meeting:

where you are resident or incorporated in Australia, the matter is to be referred to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
where you are not resident or incorporated in Australia, the matter is to be referred to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Melbourne, Victoria, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

11.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including supplying the Platform), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

11.4 Governing law: These Terms are governed by the laws of Victoria, and any matter relating to these Terms is to be determined exclusively by the courts in Victoria and any courts entitled to hear appeals from those courts.

11.5 Illegal Requests: We reserve the right to refuse any request for or in relation to the Platform that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

11.6 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

11.7 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

11.8 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms (as communicated on the Platform). Any notice we send to you will be sent to the email address registered against your Account.

11.9 Publicity: If you are a Club, you agree that we may, with your written consent, advertise or publicise the fact you are a customer of ours, for example on the Platform or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.

12. Definitions

12.1 In these Terms:

Account means an account accessible to the individual or entity who signed up to the Platform, under which Authorised Users may be granted with access.

Authorised User means a user that you have invited to use the Platform through your Account.

Club has the meaning set out at the beginning of these Terms.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Platform will not constitute “Consequential Loss”.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Member has the meaning set out at the beginning of these Terms.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Platform means the platform we provide to you, as detailed at the beginning of these Terms.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you and your Authorised Users when using the Platform or stored by or generated by your use of the Platform, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with the Platform. Your Data does not include any data or information that is generated as a result of your usage of the Platform that is a back-end or internal output or an output otherwise generally not available to users of the Platform.