TERMS & CONDITIONSMYSUB USER AGREEMENT
MYSUB AUSTRALIA PTY LTD ABN 24 630 178 200
Version Date: 14 December 2018
TERMS WE USE IN THIS DOCUMENT
When reading this document, please note that the following words have a special meaning: Australian law means any law of the Commonwealth of Australia or any State or any internal or external Territory of Australia.
Club means a club that has authorised MySub to make the MySub Site available to the club’s members for the purpose of Membership sub-licensing.
Licensor Member means a person who sub-licenses their Membership for a particular game or event to a Temporary Member via the MySub Site.
Membership means a Club membership that is able to be sub-licensed on the MySub Site for a particular game or event.
MySub, we and us mean MySub Australia Pty Ltd ABN 24 630 178 200.
MySub Site means the online platform and mobile application operated by MySub.
MySub Trademarks means all MySub’s logos, slogans and other trademarks, whether registered or unregistered.
Temporary Member means a person who sub-licenses a Membership for a particular game or event from a Licensor Member via the MySub Site.
User, you and your means a person who accesses the MySub Site whether or not the person registers an account, becomes a Licensor Member or a Temporary Member.
User Agreement means these terms and conditions.
WHAT WE DO
The MySub Site offers a membership sub-licensing exchange for registered Users to sub-license a Membership for specific games or events. By accessing or using the MySub Site, you agree to be bound by this User Agreement. You should review this User Agreement each time you visit the MySub Site as we may change the terms of this User Agreement from time to time. You can see if there have been any changes from the last time you used the MySub Site by looking at the version date at the top of this document.
USING THE MYSUB SITE
In order use the MySub Site as a Licensor Member, you must:
- have a registered account with MySub;
- comply with the User Agreement;
- have a current Membership with a Club; and
- only offer to sub-license games or events that your Membership covers.
- have a registered account with MySub;
- comply with the User Agreement; and
- agree to become a temporary member of the Club for the particular game or event for which you sub-licence a Membership.
CREATING AN ACCOUNT
To register an account on the MySub Site:
- you must be at least 18 years old and be able to enter into legally binding contracts (or if you are under 18 years old, you must get your parent to register an account on your behalf to undertake transactions on the MySub Site);
- if you are registering on the MySub Site for a business entity, you must have the authority to legally bind that entity; and
- you must provide complete and accurate information and provide us with a valid credit card, debit card, bank account details or PayPal account.
- keeping your account details up to date;
- all activity on the MySub Site involving your account; and
- maintaining the confidentiality of your account (this includes maintaining the confidentiality of your username and password information).
You acknowledge that MySub does not:
- own Memberships that are sub-licensed on the MySub Site; or
- set the prices at which those Memberships are offered – in particular, we note that Club rules and some Australian laws may regulate and restrict the price at which Memberships may be offered, sub-licensed or sold.
MySub cannot control, and does not guarantee:
- the truth or accuracy of any User’s content or listings;
- the existence, quality or safety of any particular Membership, event, game, venue or seating;
- that a Licensor Member has a legitimate right to sub-license any particular Membership;
- the ability of any Temporary Member to pay for a particular sub-licensed Membership; or
- that any User will complete a transaction that has commenced using the MySub Site.
As a Licensor Member, by listing a Membership for sub-licensing:
- you appoint MySub as your exclusive agent to offer that Membership in relation to a particular game or event on the terms of this User Agreement;
- you are making an offer to sub-license that Membership, in relation to a particular game or event, to a Temporary Member who accepts the offer at the listed price;
- you agree not to, and you must not, offer that Membership for that particular game or event to any other person by any other means (including, without limitation, any other exchange site or facility); and
- you agree not to, and you must not, attend or otherwise exercise any of your Membership rights with respect to, any game or event for which you have sub-licensed your Membership.
You may modify (e.g. raise or lower the price offered) or delete your listing at any time until your offer has been accepted. However, you must always comply with all Club rules and applicable Australian laws which may regulate or restrict your listing price. MySub has no responsibility for any breach of such requirements by a Licensor Member.
MySub does not guarantee that your listing will appear:
- on the MySub Site within a certain time after it is posted;
- in a particular order on any Membership or event page; or
- through any search function made available on the MySub Site.MySub does not guarantee that a Temporary Member will accept an offer of sub-licensing that you list at the price that you list or at all.
Payments received from Temporary Members for sub-licensed Memberships are processed by MySub (or a MySub affiliate) for the Licensor Member and credited to the Licensor Member. Payout times to the Licensor Member may vary from time to time.
If, as a Licensor Member, you wish to be paid via the PayPal Method, you must have a PayPal account in order to list and sub-license your Membership.
MySub takes no responsibility for the proper functioning of any PayPal accounts. MySub will not, for any reason, provide refunds or compensation in any form for Memberships for which the Licensor Member’s offer to sub-license is not accepted, even if it is due to MySub Site unavailability from an outage or maintenance or listing delays.
To become a Temporary Member for a particular game or event, you must pay the agreed price for the sub-licensing transaction at the same time as you accept a Licensor Member’s offer.
You must pay the full order amount (including all fees and charges payable to MySub) using one of the accepted payment methods.
Your obligation to pay for a Membership is only satisfied when MySub (or its affiliate, if applicable) has received the payment in full and in immediately available funds.
For each sub-licensing transaction, you will become a Temporary Member only with respect to the Licensor Member’s Membership for the particular game or event you pay to sub-licence. Once that event or game is completed, you will no longer be a Temporary Member.
You will not be able to on-sell any Membership for which you have become a Temporary Member (whether or not via the MySub Site).
GAMES AND EVENTS
Promptly after an offer of sub-licensing of a Membership for a particular game or event has been accepted MySub issue the Temporary Member with a temporary membership authorisation for the event. Promptly after completion of the event:
- the Temporary Member’s temporary membership authorisation for Club games and events will cease; and
- the Licensor Member’s Membership authorisation for all applicable later Club games and events (if any) will resume.
Membership authorisations may be delivered by MySub by any reasonable means determined by MySub (including, without limitation, electronically, by collection facilities at the applicable venue or another reasonable place or by post).
After an offer of sub-licensing of a Membership for a particular game or event has been accepted, the Licensor Member cannot attend, or otherwise exercise their Membership rights in respect of, the game or event.
The Temporary Member must comply with all conditions of entry to, and standards of behaviour at, the particular game or event. MySub will not be responsible for the behaviour of any Temporary Members while attending the game or event.
FEES AND OTHER CHARGES
MySub may charge service fees to the Licensor Member and/or the Temporary Member for services provided through the MySub Site, including service fees for sub-licensing Memberships, as well as processing or transaction fees.
Service fees will vary depending on game or event type, Membership type and location. Any applicable service fees will be disclosed prior to listing or sub-licensing a Membership. MySub may in its sole and absolute discretion change its service fees at any time, including after a Licensor Member has listed a particular Membership.
MySub will notify a Licensor Member if the service fees change after listing by any reasonable means determined by MySub (including, without limitation, electronically or another reasonable method to the Licensor Member).
After an offer of sub-licensing of a Membership has been accepted, MySub may charge and/or retain service fees charged to a Licensor Member or Temporary Member whether or not the other party has fulfilled their obligations under this User Agreement.
All prices for events that occur in Australia are stated in Australian Dollars (AUD). If you pay the price or any service fees through a payment institution outside Australia, you are solely liable for any currency conversion costs, exchange rate fluctuations and international bank fees that may be charged by your bank or financial services provider.
GENERAL SITE RULES
When using the MySub Site, you must not do any of the following:
- post false, inaccurate, misleading, defamatory or libelous content on the MySub Site;
- fail to fulfill your contractual obligations regarding the sub-licensing of a Membership;
- use MySub's trademarks without our prior written permission;
- copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any content or software from the MySub Site without the prior express written permission of MySub;
- use any robot, spider, scraper or other automated means to access the MySub Site for any purpose without our express written permission;
- take any action that imposes or may impose (to be determined in MySub’s sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of the MySub Site or any activities conducted on or with the MySub Site;
- sell or market the MySub Site or any other MySub application or any services, information or software associated with any of them;
- do anything else that MySub determines, in its sole reasonable discretion, misuses the MySub Site or otherwise negatively impacts our marketplace.
You may only use the MySub Site in accordance with this User Agreement, and in accordance with all applicable laws. If you are found to be using the MySub Site other than in accordance with this User Agreement or applicable laws, MySub reserves the right to suspend or terminate your access to the MySub Site (which MySub may do in its absolute discretion). If you are aware of any third party who is using the MySub Site other than in accordance with this User Agreement or applicable laws you can notify us at: firstname.lastname@example.org.
COPYRIGHT AND TRADEMARKS
All content included in or made available through the MySub Site, such as text, graphics, images etc. is, and will remain, the property of MySub and is protected by Australian and international copyright laws. You may not copy, imitate or use the content without MySub’s prior written consent.
In addition, MySub Trademarks may not be used without MySub’s specific written consent to do so. Misuse of the MySub Trademarks is prohibited.
Any trademarks not owned by MySub that appear on the MySub Site appear with the permission of the trademark owner or are used in a manner permitted by law, and are and will remain the property of that trademark owner, who may or may not be affiliated with, connected to, or sponsored by MySub. Misuse of any such trademarks is prohibited. Nothing included on the MySub Site is to be construed as granting by implication, or otherwise, any licence or right to use any MySub Trademark or any other trademark displayed on the MySub Site.
Some Australian laws imply terms and conditions into, or impose other obligations in respect of, agreements and arrangements that cannot be excluded by agreement. This User Agreement does not purport to exclude any such terms or conditions or obligations. However, to the maximum extent permissible by law:
- all terms and conditions, and all obligations, not expressly contained in this User Agreement are excluded;
- MySub makes no representation that the services provided by MySub are fit for any particular purpose (whether or not an intended purpose was known to MySub at or before delivery of the services); and
- MySub will not be liable for any indirect or consequential losses or expenses (including, without limitation, loss of profit, loss of opportunity, loss of reputation, loss of goodwill) whether or not the possibility of such losses or expenses was known to MySub at or before delivery of the services.
MySub is not responsible for enforcing the obligations of any User for or on behalf of any other User.
CHANGES TO USER AGREEMENT
We may periodically make changes to this User Agreement by posting revised terms on the MySub Site. You should review this User Agreement each time you visit the MySub Site. Each revised User Agreement will become effective upon its posting on the MySub Site. Continued use of the MySub Site and services will constitute acceptance of the revised User Agreement.