Terms of Use

Last updated on 12 May 2021

These Terms of Use govern your use of Clubroom App and Clubroom Website (hereinafter: ‘Software’)

We make App and Website available to you subject to the following Terms of Use. Do not use the App or Website if you do not accept these Terms of Use. If you use the App or Website, you affirmatively accept these Terms of Use.

  1. Use of Software
  1. You agree to use the Software only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Software.
  2. By using the Software, you are consenting to our processing of data as set forth in our Privacy Policy (https://clubroom.com.au/privacy.html).
  3. You agree that Virtual Clubroom Pty Ltd is not responsible or liable for any content accessed from the Software or third-party websites. You agree that you are solely responsible for your use of the Software.
  4. You acknowledge that the Software may communicate with our servers from time to time to check for updates, such as bug fixes, patches, enhanced functions and new versions. By installing the Software, you agree to such automatically requested and received updates.
  5. You agree that any photos or videos that you upload become the property of Clubroom and all associated rights including copyright are transferred irrevocably to Clubroom.
  6. You agree that you will not upload photos or videos that are in poor taste, derogatory or pornographic.
  7. You agree that we may stop (permanently or temporarily) providing the Software (or any features within the Software) to you or to users generally at our sole discretion, without prior notice to you. You agree that if we disable access to the Software, you may be prevented from accessing the Software or certain features within the Software.
  1. Intellectual Property Rights
  1. The Software, and all content included on or within them, such as the user interface, the compilation of the content and arrangement of the website, and all text, graphics, pictures, sound, video, data, applications and other content, is the property of us, our licensors or content suppliers and is protected by copyright and other intellectual property laws. Reproduction or redistribution of such content except as expressly permitted by these Terms of Use is prohibited.
  2. We grant you a personal revocable, non-exclusive, non-transferable license to access and make personal use of our Software. You may not download, reverse engineer, decompile, disassemble, or modify it, or any portion of it, except with our express written consent.
  3. The Software may not be copied, sold, resold or otherwise exploited for any commercial purpose without our express written consent. You may not link, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Software without our prior written consent.
  4. Your unauthorized use of the Software will immediately terminate the limited license granted by Virtual Clubroom Pty Ltd.
  1. No Warranties and Limitation of Liability
  1. Virtual Clubroom Pty Ltd does not warrant that the Software, its functions, or content will be uninterrupted or error-free, or that defects will be corrected. The Software is provided on an ‘as is’ basis. You agree that your use of the Software is at your sole risk.
  2. Virtual Clubroom Pty Ltd will not be liable to you for any damages of any kind arising from your use or inability to use the Software. Our liability for monetary damages for any claims that you may have against us is limited to the amount you actually paid for the Software.
  1. Applicable Law and Dispute Resolution
  1. By using the Software, you agree that the laws of South Australia, Australia will exclusively govern the construction of our agreement and any dispute of any sort that might arise between you and Virtual Clubroom Pty Ltd.
  2. In the event a dispute arises between you and Virtual Clubroom Pty Ltd, we will use reasonable endeavours to resolve such dispute amicably. If we cannot agree on a resolution, you agree that the dispute will be resolved through the courts of South Australia, Australia.
  3. Any claim arising out of or in connection with your use of or inability to use the Software must be brought within one (1) year after the event or such claim is barred.
  1. Changes
  1. These Terms of Use may be updated from time to time. We will notify you of any changes to our Terms of Use by posting the new Terms of Use here: https://clubroom.com.au/termsofuse.html. You are advised to consult these Terms of Use regularly for any changes.