DRAFTSTUDS TERMS AND CONDITIONS

Welcome to Draftstuds! We provide strategies, resources, educational content and analysis to people who compete in fantasy sports and/or participate in sports betting.

This online platform (Platform) is operated by Draftstuds Pty Ltd ACN 638 437 457 (we, our or us).  It is available via our website located at draftstuds.com and may be available through other addresses or channels we operate.

We set out on the Platform the various ways in which we can provide strategies, educational content and analysis (our Services), including through various packages which contain different options and inclusions that we offer to you (Memberships). There are also add-ons set out on the Platform which you can purchase on top of your Membership (Add-on).

Depending on the Membership, we may offer materials, resources, analyses, information, graphics, regular email/SMS/other electronic communications (including but not limited to videos and podcasts), d other types of media as well as User Content which is defined further below (together, the Content).

DISCLAIMER

Our Content, and any other information provided through the Platform is intended to provide you resources as you take part in fantasy sports and/or sports betting. Our Content and information is provided on an “as is” basis only. You acknowledge and agree that nothing in the Platform or in the Services we provide may be taken to be financial advice of any nature, by us or our personnel.

Acceptance

You accept these terms and conditions, including any policies or other terms set out on the Platform (Terms), by accessing and/or using our Platform. You must not use the Platform unless you are at least 18 years old.  We reserve the right to amend the Terms from time to time. A copy of the current version of these terms and conditions will always be made available on our webpage here. It is your sole responsibility to review and understand any updates to the Terms as made from time to time. If you do not agree with any part of the Terms, you must immediately stop using the Services. Your continued use of the Services and/or viewing of Content on any of our websites will be deemed acceptance of the most current version of all Terms.

The Terms constitute the entire agreement between you and us regarding the matters set out herein and supersedes any prior representations, negotiations, agreements, understandings or arrangements between you and us, whether written or oral.

Signing up to our Platform

To access the Platform, you must create an account (Account), choose your Membership and pay your Membership Fee. There is no Membership Fee for the free Membership.

You must provide basic information when registering for an Account including (but not limited to) your name, email address, Draftstars username and/or Moneyball username (if you have one), an indication of how much money you would spend each week on fantasy sports, and other information which we may from time to time request, and you must also choose a password. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete. We will not be responsible in any way for any loss (of any nature) suffered by you if you provide inaccurate or incomplete information when creating your Account, or if you fail to maintain accurate information at all times as required by these Terms, and you agree not to make any such claim.

You may only have one Account (with one IP address). You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, whether or not you authorised such activities or actions. You will immediately notify us of any unauthorised use of your Account. At our sole discretion, we may refuse to allow any person to register or create an Account. We will not be responsible in any way for any loss (of any nature) suffered by you if you do not protect your password. You may, to the greatest extent permitted by law, be held responsible for any losses incurred by us or any third party due to any unauthorised use of your Account.

Using the Platform and our Services

Your Membership will cover a set timeframe (such as week-to-week or monthly) as described on our Platform (Term). For our paid Memberships (basic or pro), you can access the Content included in your Membership for the Term you have paid for. You can access Content available as part of the free Membership at all times.

All our Content is subject to strict copyright rules and you agree not to share this Content with any third party or any other user. You can read more about our Intellectual Property rights below.

You acknowledge and agree that our Services and the Platform may not consider all of your competition preferences or financial circumstances, and in some cases may not be accurate for you.

Information: The Content is not comprehensive, and is provided for general information purposes only.  It does not consider your specific needs, objectives or circumstances, and is not advice.  The Content is subject to change without notice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, sports are highly volatile and unpredictable. Accordingly, we make no representation or warranty regarding the Content, to the extent permitted by law. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date. We will not be liable for any loss (of any nature) suffered by you as a result of relying on the Content or using the Platform (including where you rely on any Content or use the Platform to enter any fantasy sports competitions or participate in sports betting), and you agree not to make any such claim.

1. You must pay us the fees set out on the Platform in relation to your chosen Membership (Membership Fee) in order to receive the Services outlined in your Membership. All Membership Fees may be paid via direct debit, credit card or PayPal, or any other method set out on the Platform. The direct debit arrangement (if you use it) is subject to additional terms and conditions from our third-party payment provider, as set out on the Platform. You must agree to these additional terms and conditions in order to use the direct debit arrangement.  All Membership Fees are payable in advance of receiving the Services provided as part of the applicable Membership.

2. Where you have selected a yearly Membership, you must pay us the Membership Fee prior to receiving (or being able to access) the Services provided as part of your applicable Membership.

3. Where you have selected a week-to-week Membership, you must pay the Membership Fee each week in advance of the next billing cycle.

4. You can upgrade or downgrade your Membership at any time in your Account page. The upgrade or downgrade will apply to the next billing cycle, and you will be responsible for paying the new Membership Fee. To the maximum extent permitted by law, no refunds are available for downgrades or cancellation to your type of Membership.

5. You must pay the fee set out on the Platform for any Add-Ons via credit card, PayPal, or any other method set out on the Platform.

6. The Membership Fee is inclusive of GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf.

Refund and Cancellation Policy

7. To the maximum extent permitted by law, and subject to your Statutory Rights (set out further below), all Membership Fees, and any fees paid for Add-Ons, are non-refundable, and we do not accept refunds of the Membership Fee or any other fees for change of mind.

Collection Notice

We collect personal information about you in order to enable you to access and use the Platform and our Services and to purchase a Membership, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

We may disclose that information to third party service providers who help us deliver our Services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform or various other Services.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

If you receive an email purporting to be from us asking you to enter personal information, please report it to us immediately.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform (including by producing any User Content as defined below); anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute or be to our commercial disadvantage, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights; (2) using our Platform to defame, harass, threaten, menace or offend any person or doing any of these things to another person or user on our social media content; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to send unsolicited email messages; (7) producing any User Content which contains violence, depictions of violence, nudity or partial nudity, confidential information (whether yours or that of anybody else), any form of advertising, any third party website links or URLS, especially those that show content which could contravene these Terms if posted on the Platform, or which is misleading or deceptive content or which contains content that is likely to mislead or deceive; or (8) facilitating or assisting a third party to do any of the above acts.

Intellectual Property rights

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Platform, all of the Content and any other material of any nature which forms part of the Services. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content (and you agree to make no claim to such right, title or interest).

Except as otherwise permitted in these Terms or on our Platform , you must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use (for commercial purposes), in whole or in part, any Content in any form; (2) reproduce, retransmit, reverse engineer, decompile or recompile, adapt, modify, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including (but not limited to) by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content. For the avoidance of doubt, you must not forward our email communications to another person, allow another person to access your Account, publish on social media or another website any of our Content or use our logo or trademark in any way to market or promote any goods or services. We may, from time to time, monitor your use of the Platform to determine if you are in breach of these terms. Such monitoring may include: (1) the frequency of any page visits; and (2) the time of access and IP addresses used to access the Platform. We may suspend, limit or terminate your access to the Platform (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms. In such circumstances you will (to the greatest extent permitted by law) not be entitled to any refund on any Membership Fee you have paid.

From time to time, you may contact us with any suggestion, comment, feedback or request that you may have in relation to the Services. By doing so, you acknowledge that the intellectual property rights in any alteration or modification to the Platform or the Services will be solely owned by us and you agree to make no claim right, title or interest in such intellectual property.

User Content

We want to encourage a community feel on our Platform. You may be permitted to post, upload, publish, submit or transmit relevant information and content, including by participating in the blogs and forums (User Content) on our Platform.  By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, commercialise, copy, and modify such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Where there are moral rights in accordance with any applicable law subsisting in your User Content, you grant your consent, and must procure the consent of all other joint authors, to allow us and our related bodies corporate to exploit all intellectual property rights in the User Content at our discretion, even where such use may amount to an infringement of the author’s (or authors’) moral rights.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Consumer Guarantees

Certain legislation including the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Services which cannot be excluded, restricted or modified (Statutory Rights).

Our services  come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, 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 be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. Nothing in these Terms excludes your Statutory Rights as a consumer under the Australian Consumer Law.

Liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability (as defined further below) caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform, or which have not been provided by us; (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform; (5) the Platform being unavailable, or any delay in us providing our Services to you, for whatever reason; and/or (6) any event outside of our reasonable control. We do not warrant the Platform will be error-free or uninterrupted. The Platform and the Content are delivered “as-is” and “as-available”. We cannot guarantee the Platform or Content is suitable for your purposes. We cannot guarantee that you will receive email communications from us as we are dependent on Third Party Inputs (as defined further below). Participation in any fantasy sports competition or sports betting is done entirely at your own discretion and you acknowledge and agree that you are doing so at your own risk and without having relied on the Platform or the Content, and that we will not be liable to you for any losses of any nature suffered by you or any other party in such circumstances.

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

Limitations on Liability

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our Services to you or, in our sole discretion, to us repaying you the amount of the Membership  Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.

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

Warranties and Indemnities

You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; (2) you are at least 18 years of age; and (3) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms.

You acknowledge and agree that (1) your use of the Platform or our Services (and additionally any action you may separately take using information you have viewed on the Platform or through the Services) is entirely at your own risk; and (2) the provision of the Platform or our Services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to in any way by any Third Party Inputs.

You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

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

Termination

You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (as it may appear in different forms from time to time) on our Platform or alternatively by sending us an email to the address at the end of these Terms. To the extent permitted by law, subject to your Statutory Rights, no refunds will be made upon cancellation.

At our sole discretion, we may suspend your Account or terminate these Terms immediately if you are in breach of these Terms (including for non-payment of our Membership Fees), any applicable laws, regulations or third-party rights.

We may also terminate these Terms without cause and in our sole discretion by giving you 7 days’ notice. If we do so, we will refund to you any Membership Fees paid in advance by you in connection with the unused portion of the Services.

General

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Third party sites: Our Platform may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites. We will not be liable to you for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) which you may suffer in connection with your use or interaction with any such websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for you may suffer arising from or in connection with any such discontinuance or exclusion.

No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

Competitors: You are prohibited from using our Platform, including the Content, in any way that competes with our business (or which we may consider to be to our commercial disadvantage).  If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Price variation: We may modify the Membership Fees from time to time upon notice to you. Any revised Membership Fees will apply from the time you purchase a new Membership, or upgrade or downgrade your Membership.

Variation: We may modify these Terms from time to time by notifying you by email and/or by updating the Terms on our website. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform. In the event that we modify these Terms and you believe the modification causes you material detriment, you may terminate your Account and we will refund to you Membership Fees paid in advance by you in connection with the unused portion of the Services.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days’ prior notice.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Western Australia, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

For any questions and notices, please contact us at:

Draftstuds Pty Ltd ACN 638 437 457

Email: [support@draftstuds.com]

Last update: 19 March 2020

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