Terms of Use

UNAFFI

1. Introduction

Unaffi Pty Ltd and UNAFFI LLC, collectively known as UNAFFI, is an online booking and marketing platform for sports: designed to streamline facility and activity bookings to save time on administration, and focused on attracting active people to sports venues to boost participation in sports. To do this, UNAFFI provides you access to several Systems (including websites and applications) which in turn allow users to book and access sporting facilities among other services. These Terms and Conditions apply to your use of any of the Systems and facilities of UNAFFI and each of its related companies and subsidiaries (referred to in this Policy as UNAFFI, we or us). By using any of the Systems provided by UNAFFI, you agree to abide by these Terms and Conditions when doing so.

2. Conduct

In order for everyone who uses our Systems to have a safe and enjoyable experience, UNAFFI requires you to abide by certain terms of conduct. Thus, in using our Systems you agree that you will not:

1. post content that is:

1. threatening, hate speech or intended to be offensive;
2. pornographic, profane or contains nudity or violence;
3. is intended to incite violence;

2. use a System for any improper or unlawful purpose, including:

1. harassing, stalking, bullying or discriminating against other users;
2. misleading or deceptive conduct, defamation, libel or a breach of confidence;

3. impersonate any other person or entity while using a System;

4. copy or reverse-engineer any System;

5. book a sporting facility or activity without intending to participate in the sport or use the facility;

6. book a sporting facility or activity without paying for it;

7. provide false payment or credit or debit card details;

8. post any unauthorised commercial marketing or advertising banners or communications on a System;

9. collect or harvest any content or data from our Systems ;

10. upload viruses or other malicious code designed to damage the System;

11. do anything that could disable, overburden, or impair the proper working or appearance of a System.

UNAFFI reserves the right at any time to delete any content from our Systems. Any breaches to the above terms of conduct will be recorded and may result in legal action.

3. Privacy of Personal Information

UNAFFI takes the privacy of personal information seriously. As such, we have a dedicated Privacy Policy that can easily be accessed from all of our websites. Please consult it for a detailed breakdown of our practices to protect your privacy.

4. Intellectual Property

UNAFFI owns the copyright in all components of our Systems. You are not permitted to:

1. copy or use any material from our Systems for commercial use without express permission from UNAFFI;
2. to modify or tamper with any of the materials contained in our Systems or the Systems themselves;
3. share or use any private stats of other users that UNAFFI provides to them.

You are permitted to:

1. save any of your own private statistics that UNAFFI compiles and displays to you;
2. share your own private statistics with others including other UNAFFI members.

Where you are invited to submit any contribution to a System (including photographs, videos, text, graphics or audio) you agree, by submitting the contribution, that:

1. your contribution is your own original work or that you have been given express permission to use it if it is not your own work;
2. your contribution does not infringe any laws and that you have the right to submit it to UNAFFI;
3. you grant UNAFFI perpetual, royalty-free, non-exclusive, sub-licensable right to use, reproduce, modify, distribute, and exercise all copyright and publicity rights concerning your contribution worldwide. If you don’t want to grant UNAFFI the above rights, you should not submit a contribution to any of our Systems.

5. Signing and Logging In

1. You will be required to sign on as a user for most of the services that UNAFFI offers. As such, you will be required to provide certain sign-on credentials such as email and password. You must make sure to keep that information secret and store it in a safe place that is not accessible by anyone else.
2. You are responsible to inform UNAFFI as soon as you become aware of any unauthorised use of your account.
3. We may merge your profiles if we see duplicates or multiple accounts for the same profile.
4. If you are under 18 years old, you should first receive consent from your parent or legal guardian before registering for an account on our Systems.

6. Becoming a Facility Provider

Some parts of our Systems are only available to facility providers. In order to access these components, you need to have the legal rights to act on behalf of the sporting facility as these parts of our Systems allow you to set facility availability schedules and details about the facility that will be displayed to general users for the purpose of booking and using them. If you are not a facility provider and you don’t have the legal rights to act on behalf of a club or facility, you are not allowed to:

1. pretend falsely to be a facility provider to gain access to the services;
2. tamper with any facility details;
3. give out false or damaging information about facilities and their managers.

It is considered fraud to falsely pretend to be the owner of a sporting facility or to act as if you have the power to act on behalf of a facility when in fact that is not true. However, if you are a facility owner or are legally allowed to act on the behalf of a facility owner, you may register to become a facility provider on UNAFFI Systems. In this case, you will go through a facility registration process and will then be able to describe your sporting facility and allocate availability schedules to those facilities. This process is there to allow facility owners to have their facility listed on our platform for users to easily find and book their facilities for sporting activities.

7. Terms and Conditions for Facility Providers

All of the terms and conditions in this general Terms and Conditions document apply to facility providers unless it is impossible for the terms to apply to facility providers. However, once you become a facility provider, further terms and conditions that apply to you include:

1. You must always provide accurate and up to date information about your facility on our Systems.
2. It is your responsibility to ensure that the information provided about your facility is true and current.
3. You are not permitted to submit or post any information about facilities that are not your own (or if you don’t have the legal right to act on that facility owner’s behalf).
4. You are not permitted to defame or criticise any facilities that are not your own (or if you don’t have the legal right to act on that facility owner’s behalf).
5. When, on our Systems, you indicate that your facility is available to be booked or hired at a certain time, you must guarantee that the facility will be ready to be used and in good condition at those times. If your facility is not available at the times you indicated and a UNAFFI client intends to use it but can’t, you run the risk of UNAFFI cancelling your service and you will not receive payment for any users who couldn’t access your facility.
6. It is also your responsibility to ensure that your rules, whitelists, special pricing categories and facility details are always up to date and accurate. You will be able to view and edit all of the above information about your facility on your facility portal.

8. Legal Disclaimers

UNAFFI does not exclude any rights and remedies in respect of goods and services under the Australian Consumer Law which cannot be excluded, restricted or modified. However, UNAFFI does exclude all other rights, remedies, conditions and warranties in respect of goods, services and the UNAFFI Systems arising under custom, law or statute which may be excluded. To the fullest extent permitted by law:

1. UNAFFI makes no warranties, either express or implied, regarding UNAFFI Systems, the content or any goods or services including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. UNAFFI does not warrant that your access to the UNAFFI Systems, the delivery of the UNAFFI Systems or the content shall be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.

2. UNAFFI will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access, any UNAFFI Systems or any content, or any product or service, even if UNAFFI has been advised of the possibility of such damages or losses.

3. UNAFFI’s liability in respect to any product or service purchased on UNAFFI Systems is limited to the lesser of:

1. the replacement of any product or service purchased;
2. and the purchase price paid by you to UNAFFI for that product or service.

4. UNAFFI is not liable to you or anyone else in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of a UNAFFI System or a third party site.

5. UNAFFI is not liable for any damage or injury you sustain by using any of the facilities listed on our Systems.

6. UNAFFI is not liable for any damage or injury you sustain by participating in any of the activities listed on our Systems.

7. UNAFFI is not responsible to ensure that you are in a suitable physical condition or health that will allow you to participate in any of the sports listed on our Systems. Thus UNAFFI is not liable for any health issues that might arise or worsen when you participate in any of the sports listed on our Systems or otherwise.

8. UNAFFI is not liable for any inconvenience or damage caused to you by any false or misleading information that is displayed in facility descriptions or availability times.

9. Breach

If you breach these Terms and Conditions, UNAFFI may, in addition to any other remedy available to it, block your access to our Systems and may deactivate any sign-on credentials you hold.

10. General

1. You indemnify UNAFFI, its licensees and/or assignees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with any breach or alleged breach by you of these Terms and Conditions or any legal obligation.
2. Any failure by UNAFFI to exercise or enforce any one of its rights under these Terms and Conditions will not constitute a waiver of its rights.
3. If any of these Terms and Conditions are or become illegal, invalid or unenforceable in any jurisdiction, the legality, validity or enforceability of the remainder of these Terms and Conditions will not be affected and these Terms and Conditions will be read as if the part had been deleted in that jurisdiction only.

If you wish to contact UNAFFI about these Terms and Conditions or you would like to submit a query about them, please contact us via email. Updated 28 March 2022