SportingPulse aims to continually deliver the most modern and flexible website solutions for sports organisations worldwide. Sportzware websites allow our valued clients to utilise the latest and easiest to use website functionality and design flexibility.
Sportzware websites provide a wide range of features and options and a high level of flexibility, allowing an organisation to fully tailor their site according to their needs. The websites give the administrator full control over their site’s appearance, layout and colour scheme, allow them to choose from a range of sections and features, and utilise multiple display options for configuring the website the way they want it.
The Site Administration Area has been designed with ease of navigation in mind and its simplicity enables the website administrator to quickly grasp the wide range of sections, functions and options available.
The `section maintenance' area gives users maximum control over the sections they want to include in their website. Sportzware Websites follow a simple points system, where each website package is allocated a specific points value (from 400 points up to 800 points) and each section type is assigned a points value (eg. News Section = 30 pts, Profile Section = 15 pts, Links Section = 5 pts). You can include as many of any one section type as you like.
Sportzware Websites provide the flexibility to:
This season, why not consider adding an online tipping competition to your website? Sportzware Tipping adds an extra element of interest and excitement to your association’s online presence. It’s a great way for members to take an active interest in your association’s competitions and to keep members regularly checking the results website.
Click here for more information.
Downloads
Click here to view PDF brochure
Click here for Pricing Options
Click here to download the Sportzware Website User Guide
For website sales enquiries, please contact a member of our Sport Consultancy Team on:
Phone: (03) 9872 5277, or Email: sales@sportingpulse.com
For techncial website support for clients, please contact a member of our Support Team on:
Phone: 1300 139 970, or Email: support@sportingpulse.com
SPORTZWARE WEBSITES TERMS OF USE
These are the terms on which SportingPulse (ANZ) Pty Ltd, ABN 12 092 147 423, of Level 1, 395 Canterbury Road, Vermont, Victoria, Australia (“SportingPulse”) licences you (“you” or “your”) if you are located in Australia or New Zealand (or on which SportingPulse International Pty Ltd, ABN 32 128 094 119, of Level 1, 395 Canterbury Road, Vermont, Victoria, Australia licences you if you are located outside Australia and New Zealand) to use the Sportzware Websites self editing website software and associated printed materials and “online” or electronic instructional documents (together “Software”) and the SportingPulse content including text, files, images, photos, video, sounds, musical works, and other materials (the “SportingPulse Content”) to:
(a) create an association, club or team website within the SportingPulse network (“Website”):
(b) self edit the Website.
You acknowledge that if you are located in Australia or New Zealand, you are being licensed by SportingPulse (ANZ) Pty Ltd, and if you are located outside Australia or New Zealand you are being licensed by SportingPulse International Pty Ltd. to use the Software and the SportingPulse Content.
You further acknowledge that, for ease of reference, both the above companies are referred to in this licence as “SportingPulse”.
SportingPulse will provide you with support and maintenance services in relation to the Website (the “Support Services”) and hosting services in relation to the Website (the “Hosting Services”) as set out in these terms.
If you are creating a Website on behalf of an association, club or team, you are bound to the terms of this Agreement both in your individual capacity and as an agent of the association, club or team, and your actions will bind the association, club or team. You represent and warrant to SportingPulse that you have the capacity and authority to enter into this Agreement on your own behalf, as well as on behalf of the relevant association, club or team.
Please read these terms carefully as they contain unusual terms. By creating a Website you agree to be bound by these terms and conditions and you will be asked to indicate your acceptance of these terms during the registration (“Registration Process”). If you do not agree, you may not use the Software, SportingPulse Content or create a Website.
SportingPulse may amend these terms from time to time. If SportingPulse does this, you will be notified either by email or notice when using the Website. Your continued use of the Website following this notification constitutes your acceptance of the revised terms.
1 TERM
The licence granted under this Agreement commences upon completion of the Registration Process and will continue unless terminated in accordance with clause 12 of this Agreement.
2 PRECEDENCE
If there is any conflict, apparent conflict or ambiguity in or between this Agreement and an earlier agreement between you and your governing body relating to the subject matter of this agreement, the documents will be applied in decreasing order of precedence as follows:
(a) the agreement between you and your governing body; then
(b) this Agreement (including its schedules and annexures).
3 RIGHT TO USE WEBSITE
(a) In consideration of you granting SportingPulse certain commercialisation rights under clause 4, SportingPulse grants to you a non-exclusive, non-transferable revocable licence to use the Software (in executable code) and the SportingPulse Content for the purpose of creating and editing the Website, subject to the terms and conditions of this Agreement.
(b) During the Registration Process you will be asked to choose, or will be allocated, a user name and password. You are responsible for maintaining the confidentiality of that user name and password.
(c) You acknowledge and agree that some of the Website functionality is dependent on your members becoming members of the SportingPulse mySport portal/web page (“mySport”) or any other portal/web page that SportingPulse produces for your governing body.
4 GRANT OF COMMERCIALISATION RIGHTS TO SPORTINGPULSE
(a) In consideration of SportingPulse permitting you to create and edit a Website under clause 2, providing Hosting Services under clause 6 and its providing Support Services to you under clause 7, you:
(i) grant to SportingPulse the right to upload and publish commercial material on the Website including sponsor advertising such as advertorials, island advertisements and banner advertisements (as those terms are commonly understood within the advertising industry) (the “SportingPulse Commercial Material”);
(ii) agree that you will upload the relevant data after each time results are entered into the SportingPulse Sportzware Central software; and
(iii) agree to use your best endeavours to encourage your individual members, if any, to join mySport and any other portal/web page that SportingPulse produces for your governing body.
(b) The size and placement of the SportingPulse Commercial Material will not be unreasonable having regard to the nature and purpose of the Website.
(c) You retain the right to display advertising on the Website, in addition to the SportingPulse Commercial Material, provided it does not unreasonably interfere with the SportingPulse Commercial Material;
(d) SportingPulse will use its best endeavours to manage any potential conflict between a sponsor of the SportingPulse Commercial and any major existing sponsor of you. If you have a conflicting sponsor, immediately contact SportingPulse on +61 3 9872 5277.
5 CONTENT AND USE OF WEBSITE
(a) Use of the Website may require you to upload, publish or display (‘post’) content including photos, files, text, music, sounds, video, advertisements and other content (the “User Content”). Subject to the licence under clause 5(b) SportingPulse does not assert any rights of ownership in the User Content but asserts full rights in the format in which the User Content is displayed.
(b) You grant to SportingPulse a perpetual, irrevocable, royalty-free right to use the User Content for the purposes of publication on the Website, SportingPulse web pages, mySport or any other portal/web page that SportingPulse produces for your governing body and for SportingPulse’s own commercial purposes.
(c) You acknowledge that all User Content is transmitted and stored at your own risk. SportingPulse is not liable for any lost data for any reason.
(d) You are responsible for the User Content posted on the Website. You warrant that all User Content on the Website:
(i) is true and correct;
(ii) is not misleading or deceptive, defamatory or obscene;
(iii) does not infringe a third party’s intellectual property rights; and
(iv) can be lawfully published by SportingPulse.
(e) You will indemnify and keep SportingPulse indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to a breach of the above warranties and use of the Website other than in accordance with this Agreement.
(f) You will indemnify and keep SportingPulse indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to the actions of third parties who are allowed, either deliberately or through negligence, to gain access to the Website.
(g) The Website must not incorporate any content that SportingPulse, in its absolute discretion, considers is inappropriate for inclusion. SportingPulse will use reasonable endeavours to consult with you prior removing all or any part of the content on your Website. Nonetheless SportingPulse reserves the right remove any content without consultation. SportingPulse also reserves the right to ban users who breach this Agreement from using the Website in the future.
(h) You must not use the Website to facilitate or participate in any illegal activity or engage in any activity that SportingPulse, in its absolute discretion, considers inappropriate. In particular you must not use the Software or Website to interfere with, or disrupt, other network users, network services or network equipment (including without limitation to propagate or distribute computer viruses; distribute unsolicited advertising or chain letters or send unsolicited mass emails; use the SportingPulse network to make or attempt to make unauthorised entry to another machine accessible location; or distribute tools designed for compromising security such as network probing tools or password guessing programs). SportingPulse reserves the right to immediately and indefinitely restrict your access to the Website in any way considered reasonably necessary if it suspects that you are engaging in inappropriate behaviour.
(i) SportingPulse will handle all complaints received in relation to the Website in accordance with its complaints resolution procedure which can be obtained by visiting the “Contact Us” section of the SportingPulse website
6 HOSTING SERVICES
(a) SportingPulse, or a third party provider to SportingPulse, will host the Website.
(b) SportingPulse will meet the website hosting fees for the term of this Agreement. SportingPulse does not accept any responsibility for your telephone bills or costs associated with connection to the internet, including those for accessing the Website or using the Support Services.
7 SUPPORT SERVICES
(a) SportingPulse will provide Support Services in accordance with the SportingPulse Web Support Policy which is published by SportingPulse on its website from time to time. The Support Services will comprise of telephone and email advice 24 hours a day, 7 days a week (with a SportingPulse technical consultant will be on call outside normal business hours).
(b) SportingPulse will correct any major defects in the Software within a reasonable time period.
(c) The Support Services do not include:
(i) advice or correction of defects which have been caused by: failure to operate the Website in accordance with its user documentation; a third party; modification to or alteration of the Software; any unauthorised use of the Website; failure to use the Software or Website in a suitable operating environment; any hardware malfunctions or failure to comply with the terms of this Agreement; or
(ii) hardware maintenance services or investigation or corrections of errors in software other than the Software.
(d) To assist SportingPulse to carry out its obligations under this Agreement, you agree to receive the SportingPulse newsletter “On the Pulse”.
8 INTELLECTUAL PROPERTY RIGHTS
(a) For the purposes of this Agreement, the term “Intellectual Property Rights” means all copyright, patents, registered and unregistered design rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidentiality and other intellectual and industrial property rights in all parts of the world.
(b) You acknowledge that you obtain no Intellectual Property Rights whatsoever in the Software or SportingPulse Content or any associated material. As between the parties all Intellectual Property Rights, other than in the User Content, vest in SportingPulse.
(c) You must not, except to the extent permitted by any law that cannot be excluded by the parties or for operational, backup or security purposes, copy, modify, disassemble, decompile or reverse engineer the Software or SportingPulse Content.
9 INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
(a) If you become aware of any infringements or suspected infringements by any third party of any Intellectual Property Rights in the Software or SportingPulse Content, you must immediately notify SportingPulse and must at the request and expense of SportingPulse take such action as SportingPulse may reasonably deem appropriate to protect its Intellectual Property Rights.
(b) SportingPulse will indemnify you against liability arising out of any proceedings brought by a third party against you which determines that your use of the Software constitutes an infringement of any Intellectual Property Rights in Australia provided that you: provide all necessary co-operation, information and assistance to SportingPulse in the conduct of the defence and/or settlement of such proceedings; permit SportingPulse to modify, alter or substitute the infringing part of the Software; and do not use the Software in breach of this Agreement or in a manner or for a purpose not reasonably contemplated or not authorised by SportingPulse.
(c) You will indemnify SportingPulse against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party alleging infringement if you have failed to comply with any requirement of this clause 9.
10 WARRANTY
(a) The Software has not been written to meet the individual requirements of you and is supplied on an “as is” basis. A failure of any part or the whole of the Software to be suitable for your requirements will not give rise to any right or claim against SportingPulse.
(b) The sole warranty given by SportingPulse in connection with the Software is that the Software will perform substantially in accordance with the accompanying user documentation for a period of 90 days from the installation of the Software.
(c) Your sole remedy for any breach of the warranty contained in clause 10(b) is that SportingPulse will, at its option correct the identified defect in the Software or replace the Software with software of substantially similar functionality that is determined by SportingPulse. You must provide sufficient information about the defect to enable SportingPulse to reproduce it in SportingPulse’s systems.
11 LIABILITY
(a) SportingPulse accepts no liability to you for any loss, damage, costs, expenses, claims, demands, actions and proceedings arising out of or in connection with this Agreement, whether arising under common law (including negligence) or under statute, including for any direct or indirect lost profit or revenue, exemplary damages, loss of goodwill, deletion or corruption of electronically or digitally stored information or, without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.
(b) Nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on you by the Trade Practices Act 1974 (Cth) or any other consumer protection legislation that cannot be excluded by mutual agreement (“the Acts”). Where SportingPulse breaches a condition or warranty which has been implied by the Acts, its liability for breach will be limited to (where permissible by the Acts):
(i) in the case of the supply of goods:
(A) replacement or repair of the goods;
(B) supply of equivalent goods; or
(C) payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
(ii) in the case of the provision of services:
(A) the supply of the services again; or
(B) payment of the cost of having the services supplied again;
whichever SportingPulse sees fit to provide.
12 TERMINATION
(a) SportingPulse may terminate this Agreement immediately by notice to you if:
(i) you breach this Agreement;
(ii) you fail to comply with SportingPulse’s policies (including those set out in this Agreement and any other policies advised to you by SportingPulse from time to time during the term of this Agreement);
(iii) the agreement between SportingPulse and your governing body, if any, terminates;
(iv) the agreement between SportingPulse and your governing body prohibits this Agreement; or
(v) SportingPulse gives you 3 months written notice of its intention to terminate this Agreement.
(b) Upon termination of this Agreement, SportingPulse may immediately stop access to and remove the Website.
13 GENERAL
(a) This Agreement constitutes the entire agreement between you and SportingPulse relating to the subject matter of this Agreement and supersedes all prior communications and agreements between you and SportingPulse as to its subject matter, and each party agrees that unless expressly stated in this Agreement, that party has not relied on any representation, warranty or undertaking of any kind in relation to the subject matter of this Agreement.
(b) If any provision, or any part, of this Agreement is unenforceable or void for any reason, then:
(i) where such provision can be read down as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
(ii) in any other case, such provision must be severed from this Agreement in which event the remaining provisions will continue in full force and effect as if the severed provision had not been included.
(c) You must not, without prior written consent of SportingPulse assign, lease, charge, sub-licence or otherwise transfer any of your rights or obligations under this Agreement in whole or in part.
(d) Any notice given pursuant to this Agreement must be served personally or sent by registered mail to the address of the relevant party as last notified to the other party. Such notice will be deemed to have been served upon and received by the addressee when served personally at the time of such service or when posted, 2 days in the case of local mail and 10 days in the case of international mail.
(e) Neither party will be liable to the other for any delay or failure to perform its obligations under this Agreement as a result of a cause beyond its reasonable control (“Force Majeure”). If the Force Majeure continues for a period of more than 60 days, the party not affected by the Force Majeure may terminate this Agreement by written notice to the affected party.
(f) Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights under this Agreement will not be construed as a waiver of such provision or right to subsequently enforce the same.
(g) Clause headings have been included in this Agreement for convenience only and must not be considered part of, or be used in interpreting, this Agreement.
(h) This Agreement is governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the Courts of Victoria, Australia and the Commonwealth of Australia.
