Introduction
Welcome to the internet website of MyClubtap, which includes myclubtap.com.
The website is owned by Club Fantasy Square Pty Ltd and operated under our business name MyClubtap, a company registered in Australia, with its registered office at 16 Talara Close, Springvale, VIC 3171 Australia, under ACN 619183710.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE
By using this website or by clicking a box which states that you accept or agree to these terms, you indicate your agreement to these terms. If you do not agree with the mentioned terms of use, please do not proceed to use this website.
You understand and acknowledge that laid terms of use are supported by sound and valued thoughts, competence of which is hereby acknowledged (which includes, but is not limited to your use of this website, access to available content, information and/or the possibility of our use of display of your submissions and/or the publicity and promotion from our side using your submissions).
Using the Website and Content
This website is available for your personal use only. You shall not use this website for commercial purposes or in any manner that is unlawful, or harms us or any other person or group, as determined in our sole discretion.
In our sole discretion, we can make changes to this website or delete content and/or features, in any shape, form or way, for any or no reason.
You agree that no content of information from this website would be duplicated, transferred, circulated or otherwise exploited in any way. You agree not to make any modifications or amendments to our work and further rent, lease, loan, sell, distribute, copy or make any derivative work which is based on this website (in any form or manner).
Submissions
In terms of use, we use the word 'Submissions' to mean messages, usernames, profiles, messages, photographs, appearances, biographical information or material, upload, display, communicate or otherwise distributed through our website. We may explicitly ask you to provide us during registrations for fantasy games.
Accounts
Our website would require you to create an account on our website to get the required access to participate in fantasy games to access added features. You agree to provide us with, regularly maintain and keep updated, true, accurate, current and complete information about yourself, as may be asked during the registration process. You agree not to impersonate any other person or misrepresent your identity or affiliation with any person, entity or group (including, but not limited to, using someone else's name, username, password, image, account information).
You understand, agree and acknowledge that we may take steps to ensure and verify that the information you have provided us with is true and correct.
You agree to immediately inform us of any unauthorized use of your credentials (including, but not limited to, username, password) or any other breach of security which could be affecting the website or lead to an issue for the website.
You agree that we would take actions (including, but not limited to, suspending or deleting your accounts), if you are found not adhering or complying to the above mentioned terms of use or for any other reasons in violation with our principles.
Public Forums and Communications
Public Forum means an area of our website where we offer you features to make submissions which are open to viewing of one or multiple users or guests of our website (including, message, about you and your account profile).
You understand and acknowledge that such public forum are not for private communications and any information (personal or otherwise) shared would be available to all the people using that forum, and the information could be misused by people known to you. We cannot guarantee or safeguard the security of the privacy of the information you disclose via such mediums, and all such disclosures are made by you at your own risk. We recommend you to refrain from sharing any personal information (such as telephone, e-mail, address, bank account information) or of anyone else through the public forums.
We do not endorse any of the comments made by any user or guest on the public forum and we disclaim any or all liabilities in relation to it. We make no claims on the reliability of the information being shared on the public forums and can in no way be held responsible for any information that is being shared or made available by other users. We suggest you to refrain from relying on any such information to make any decisions for yourself or others.
We reserve the right to screen content, refuse posting of content, edit submissions at any or all times, for any or no reason (including, but not limited to, non-compliance to the rules of conduct) at our sole discretion without any prior notice. We are not bound by duty to monitor such public forum, we at our sole discretion can choose to screen submissions, which could lead to a delay in the posting of that content on our website.
We do not represent any of our partner clubs, leagues, associations, partners or sponsors in an official or unofficial capacity. We only provide each of these entities with a forum to facilitate a fantasy game, showcase products and services or advertise their own businesses. The information about each entity is as it is provided and we do not in anyway, shape or form, responsible for its authenticity, however, we endeavour to remain vigilant and share authentic and relevant information at all times.
Rules of Conduct
By using this website, you consent and agree that you shall not distribute any submission that:
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is abusive, threatening, defamatory, derogatory, hateful, racially offensive, vulgar, obscene, pornographic or sexually explicit, violent; or otherwise harmful to any person or group;
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infringes or violates our or any third-party’s right to (but not limited to) intellectual property, copyrights, trademarks, logos, service marks or disseminate information on behalf of them in public, without our or the concerned third-party's consent;
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makes any falsifying or misleading claims;
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is illegal or encourages or advocates illegal activities or discussions leading to any criminal activity;
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is marketable, related to business or advertises to sell any service or product (charitable or otherwise);
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attempts to make unauthorized access, other than the permissions you have been granted for fair use of our website;
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attempts to harm or disrupt the website by introducing (but not limited to) virus, malware, spam, tamper with the website and/or connected network which infringes on the other person's use of this website;
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is not conforming of the discussion topic or theme of the available public forum.
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MyClubtap reserves all rights (without any warning) to investigate and/or remove any persons individual team or club from accessing its website (and servers) and/or blocking the concerned accounts, if we at our sole discretion have substantiate information on you violating any of these laid terms of use, privacy policy and/or any application laws.
Support; Removal of Submissions
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any submissions made on this website that violates these terms of use, (b) provide any identifiable personal information to any third-party, and/or disclose any such information, when we believe in good faith that it (i) helps and facilitates the law, (ii) helps enforce these terms of use, our fantasy games rules, and/or protect the security of any person or property (including this website). In our sole discretion, we retain all rights to remove any submissions made by anyone on our website for any reason or no reason. You agree to report any submissions not conforming to these terms of use to us via e-mail on admin@myclubtap.com, following such a report, we may (but shall not be obliged to) take actions we consider appropriate in our sole discretion.
Disclaimers
All content and information provided on this website is 'AS-IS' and we give no warranty of any kind related to it. Without limiting the preceding, we make no warranty on the uninterrupted availability of the website, being error-free or absolutely secured. We explicitly deny any warranties of non-infringement or merchandise. You acknowledge that you are using our website at your own risk and agree that 'WE' (i.e. MyClubtap), are in no way responsible or liable for any loss to your personal computer machine or software. You agree and understand the risks involved in accessing third-party links or content or making any submissions to them and that 'WE' (MyClubtap) are in no way responsible or can be held liable for any loss occurring from your use of it.
Responsibility for Your Account(s)
You are accountable to maintain the confidentiality of your personal account details (including, but not limited to, username(s), password(s)) and all activities undertaken within your account(s).
You hereby agree to indemnify, defend and hold us (including, but not limited to, MyClubtap, agents, representatives, other authorized users, service providers, directors, owners) harmless from and against any and all losses, damages, liabilities, claims, fines, penalties, expenses and costs (legal, settlement, fees) incurred by the above mentioned parties in connection with any claims coming from your breach of these terms of use or your use of your account on this website. You shall use your best efforts to work together with us in the defence of any such claims. We reserve the right, at our own expense, to seek separate counsel on any matters deemed necessary.
Limitation of Liability
We are in no way liable for any damage (including, but not limited to, personal damage or loss, material damage or loss), costs or expenses caused to any individual or group, suffered in relation to the use of our website (not limited to, but based on assurance or neglect). We will not accept any liability for any damages caused as a result of failure in the performance of an agreement, unlawful act or any other reason, including, but not limited to any loss occurring from the use of our website. We are in no way liable for any delay or failure to comply with our obligations under the terms of use, if it is caused due to reasons beyond our reasonable control (including, but not limited to, act of network provides or third-party applications).
Law and Jurisdiction
These terms of use shall be governed by and constructed in accordance with the Australian law. You hereby consent that the courts of Melbourne in Victoria, Australia shall have exclusive jurisdiction in relation to any actions or claims made under these terms of use.
We do not make any representation that the content or information made available on our website (includes any submissions made) are appropriate or available for use at any particular geographical location. You choose to access the website at your own will and are responsible to adhere to all laws (includes any local laws).
Amendment to these Terms of Use
In our sole discretion, we reserve the right to add, delete, change or modify portions of these terms of use at any time without notice and that you are responsible to review these terms of use periodically to ensure you are updated of any changes made. Your continued use of this website after any modification of these terms of use will indicate and establish your consent to and acceptance of the modified terms of use.
Termination
The listed terms of use are in effect until terminated by either us or by you. By stopping the use of this website and destroying all materials obtained from this website, you may terminate these terms of use at any time.
We may terminate these terms of use with immediate effect (including your access to our website) in our absolute discretion, without limitation, if you are found in breach of (includes fraudulent information, use of abusive terms or language or other illegal activities) or have failed to comply with any terms or provisions of these terms of use. You would be required to immediately destroy any material collected by you from our website (irrespective of whether they are made under these terms of use or otherwise).
Privacy Policy
We may ask submissions on our website through features, e.g. fantasy games or public forums. If we ask and you provide us with personally identifiable as part of any submissions (excluding public forums, as you are can choose 'to' or 'not to' disclose personal information), our privacy policy will usually apply (as specified on the website). Please see our Privacy Policy for further information on the way we collect and store any personal information you provide us while using our website.
Delivery Policy
We are not responsible for delivery of any Product you order with MyClubtap Partners. Product delivery is the sole responsibility of the concerned market partner.
