PLEASE READ THESE TERM AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS DESCRIBE THE TERMS AND CONDITIONS UNDER WHICH MYNEXT PTY LTD (“TEAMLISTS”), OFFERS YOU (THE “USER” OR “YOU” OR “YOUR”) AN ACCOUNT (THE “ACCOUNT”) FOR USE OF THE TEAMLISTS SERVICE BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. TEAMLISTS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT AT THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. THE SERVICE
TEAMLISTS provides a web based service with the capability to send e-mail messages and SMS/text messages on the TEAMLISTS system. TEAMLISTS also provides a team and its members with a dedicated online sports team management platform. TEAMLISTS may terminate, change, suspend or discontinue the TEAMLISTS Service, including the availability of any features of the Site, at any time.
2. TEAMLISTS CHARGES
i. A paid account associated is required to use the premium TEAMLISTS service, core TEAMLISTS services are available for free. On paid accounts using the service, each team is given an allocation of free text messaging, email and validation credits. Futher credits can be purchased inside the system. Charges for all of these additional services are clearly specified at point of purchase.
ii. TEAMLISTS offers refunds and credit Refunds, they must be approved by management and will be processed within 15 working days.
3. MEMBER ACCOUNT
i. Accounts are not available to minors or any person who cannot legally agree to the terms of this Agreement. By accepting these terms, you confirm that you are capable of entering into a binding agreement. You must accurately complete any subscriber information requested by TEAMLISTS. The TEAMLISTS Service is intended to appeal to a broad audience, and therefore it is the responsibility of the parent or guardian to determine whether any use of the TEAMLISTS Services are appropriate for your child.
ii. To open an account for usage of the TEAMLISTS Service, the User must provide true and accurate information as labeled by the Registration Form and shall regularly update such information to keep it true and accurate. The User shall provide a valid email address and/or mobile phone number belonging to them and choose a password, and keep these details up to date so that both TEAMLISTS and your team can communicate with you effectively.
iii. We reserve the right to remove or change a member profile at any time if we deem it to be in breach of terms and conditions or of an inappropriate nature.
4. PASSWORD AND SECURITY
i. The User is entirely responsible for the privacy, confidentiality and storage of email addresses and/or mobile phone number, and password used to access the system. All website activities that can be traced to the email address and password of the User are deemed as having been performed by User. TEAMLISTS does not assume any liability for content of messages sent and is exempt from any claim that may arise from third parties as a result of message sent. You are fully responsible for any charges and liabilities incurred through the use of the TEAMLISTS Service or Your Account and for any activities conducted through Your Account. In addition, TEAMLISTS may temporarily disable access to Your Account if You report unauthorized use or if usage of the Account dramatically exceeds normal usage patterns within a short time period. The User agrees to notify TEAMLISTS immediately of any unauthorised use of the account to firstname.lastname@example.org
ii. You must keep your login and account details confidential at all times, and in the event that you suspect that your login details have been compromised, that you inform TEAMLISTS immediately by contacting us by telephone or email to email@example.com
5. USE OF ACCOUNT
i. You warrant that you will not use the TEAMLISTS Service for any of the following purposes or in any of the following manners:
- to impersonate or harass any other person.
- to send any information that is or the disclosure of which would libelous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person’s proprietary right (including posting any links or URLs that you do not have the right to post or disclose).
- that violates any person’s rights of privacy or publicity.
- to send messages that contain any sexual, racist or discriminatory content constituting harassment of any individual or organization.
- that constitutes or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, anti-discrimination or false advertising laws, and without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from Australia or the country in which you reside.
- to intercept any communications not intended for you.
- to release, post, distribute or execute any viruses or other harmful computer code.
- to upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- to engage in “spamming,” transmission of “junk mail” or “chain letters” or unsolicited mass distribution of sms and e-mail or any similar conduct.
6. TEAMLISTS E-MAIL AND SMS SERVICE
i. As part of the TEAMLISTS Service, TEAMLISTS enables the communication to your members via SMS and/or Email. TEAMLISTS members mobile number and/or email address can be included in their registered profile.
ii. TEAMLISTS SMS service is currently available worldwide. TEAMLISTS E-Mail service is available worldwide.
iii. TEAMLISTS accepts no liability for any SMS or email content sent via the TEAMLISTS system, and does not monitor content of messaging sent by users.
iv. TEAMLISTS members can opt out from receiving email notifications at any time by removing their email address from their registered profile or by sending an email to firstname.lastname@example.org requesting to no longer receive emails.
v. You undertake to use the SMS service on a fair basis and exclusively for the notification of team events.
vi. The user acknowledges that TEAMLISTS is dependent on various telecommunications networks for the delivery of its messages. We cannot guarantee the delivery of SMS messages, nor can we guarantee the time taken for messages to be delivered. TEAMLISTS may adjust its offering, should the prices we pay for SMS messages be adjusted, as this is outside of TEAMLISTS control.
viii. TEAMLISTS are not responsible for non-delivery of SMS messages to recipients caused by errors or outages on the part of mobile network providers or sms aggregators. As a result, TEAMLISTS does not refund undeliverable SMS messages to the customer.
ix. SMS credits purchased through the system expire 12 months after purchase
You understand that TEAMLISTS has no editorial control over any third party content and that TEAMLISTS does not guarantee the accuracy or completeness of any third party content. You agree that TEAMLISTS will have no liability to You, or anyone else who uses Your Account, with regard to any third party content. Under no circumstances will TEAMLISTS be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, or otherwise transmitted via the Service. You also understand that the third party content is the proprietary material of TEAMLISTS and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcasted, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the “fair use” provisions of the copyright laws in the country in which you reside or comparable provisions of foreign laws.
10. MODIFICATION TO THE SERVICE
i. User acknowledges that TEAMLISTS is dependent on various telecommunications and infrastructure networks for the delivery of its service and that TEAMLISTS may adjust its offering at any time. User will be notified of any such changes through publication on the Site or through e-mail describing the change.
ii. User understands that TEAMLISTS may, in its discretion, from time to time change, add, or remove certain features of the TEAMLISTS Service or change the terms of this Agreement by informing you through publication on the TEAMLISTS website or through an email describing the changes. If you are dissatisfied with any such changes to the TEAMLISTS Service or this Agreement, you may immediately cancel your Account as provided in Section 11 of this Agreement. In addition, TEAMLISTS reserves the right to discontinue the TEAMLISTS Service altogether for all users at any time at its discretion.
11. DISCLAIMERS AND WARRANTIES
You understand and agree that the service is provided on an “as is” and “as available” basis. TEAMLISTS and its suppliers make no warranty that the service will meet your requirements or that use of the TEAMLISTS service or the site will be uninterrupted, timely, secure, or error-free; nor do TEAMLISTS or its suppliers make any warranty as to the results that may be obtained from use of the TEAMLISTS service or the accuracy, reliability or timeliness of any information obtained through the TEAMLISTS service (including third party content), or that any defects in the TEAMLISTS service will be corrected. simply put, TEAMLISTS makes no representation of delivery, receipt or termination of an sms message. user also acknowledges that, depending on the recipient’s mobile service provider, it may not be possible to transmit the sms message to the recipient successfully, particularly if the provider does not support sms delivery at all. TEAMLISTS and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the TEAMLISTS service, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement. You understand and agree that any material or data obtained through use of the TEAMLISTS service is at your own discretion and risk and that you will be solely responsible for results obtained using any such material or data or any resulting damage to your computer system or loss of data. some states or jurisdictions do not allow the exclusion of certain warranties. therefore, the above exclusions may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.
12. LIMITATIONS ON LIABILITY
i. TEAMLISTS and its suppliers shall not be liable for any direct, indirect, special, consequential, exemplary, or incidental damages of any nature, including but not limited to, business interruption, loss of profits, business interruption loss of data, injury to goodwill, use, data or other intangible losses (even if TEAMLISTS has been advised of the possibility of such damages), resulting from use of the TEAMLISTS service by you, or anyone using your account, including, but not limited to:
- the use or the inability to use the service.
- unauthorized access to or alteration of your transmissions or data.
- statements or conduct of any third party on the TEAMLISTS service or the site.
- any damages or loss of any nature arising from or relating to your use of the TEAMLISTS service or use of the TEAMLISTS service through your account by anyone else. (a) TEAMLISTS shall in no event be liable to the user or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the TEAMLISTS service generally, the site, any other TEAMLISTS service and any aspect ancillary thereto; (b) TEAMLISTS shall in no event be responsible for the security of the data transmissions between TEAMLISTS and the user, including but not limited to the transmission of the payment information such as credit card numbers. TEAMLISTS expressly disclaims all warranties of any kind, whether expressed, or implied, for the security of the data transmission between TEAMLISTS and the user. (c) TEAMLISTS total cumulative liability to you and anyone who uses the TEAMLISTS service through your account, for any and all claims under any theory of law (including negligence), will not exceed the aggregate amount you paid to TEAMLISTS in the preceding twelve months. some states or jurisdictions do not allow the exclusion or limitation of certain types of liability. therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting TEAMLISTS’s liability beyond what is permissible under applicable law.
13. TERMINATION OF ACCOUNT
You may terminate Your Account, at any time and for any reason or no reason, by contacting TEAMLISTS’s customer service at email@example.com. Notifying TEAMLISTS in any other way of your desire to terminate your Account may result in delays in processing your request. TEAMLISTS, in its sole discretion, may immediately terminate or suspend your password, account (or any part thereof) or use of the TEAMLISTS Service, for any reason, including, without limitation, for lack of use or if TEAMLISTS believes that You have violated, acted inconsistently with this Agreement. TEAMLISTS reserves the right to terminate Your Account and this Agreement for any other reason if TEAMLISTS gives You at least ten (10) days advance notice. Upon any such termination of Your Account,. You agree that any termination of Your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that TEAMLISTS may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service. Further, you agree that TEAMLISTS shall not be liable to You or any third-party for any termination of Your Account.
14. NO RESALE OF SERVICE
User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the TEAMLISTS Service, use of the TEAMLISTS Service, or access to the TEAMLISTS Service without the prior written approval of TEAMLISTS.
15. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the TEAMLISTS Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that as a result of use of the TEAMLISTS Service, you may have access to or receive information or content protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws (“intellectual property rights”). Except as expressly authorized, You agree not to violate the intellectual property rights of TEAMLISTS or any third party.
If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing use of the TEAMLISTS Service and supersede any prior or contemporaneous written or oral statements by TEAMLISTS or its representatives or resellers. The failure of TEAMLISTS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement may not be amended except as provided in Section 7. TEAMLISTS may assign this Agreement in accordance with the sale of all or substantially all of its stock or membership interest or all or substantially all of its assets to a third party.