GameDay Websites User Terms and Conditions

A GameDay website subscriptions provides you with a sport specific website template using best practice design that requires no previous web development or CMS (Content Management System) experience to manage. Built on WordPress® CMS, a GameDay is available in three subscription tiers – to accommodate a variety of budgets and functional choices. All GameDay websites are simple to configure and include one month’s free first level support, as well as online self-help guides.

Subscription Agreement

  1. GameDay websites
    1. Stack Sports Australia Pty Limited, trading as GameDay (Schedule Item 1) (“GameDay”) agrees to provide to you, our customer (Schedule Item 2) (“You”) with a GameDay website subscription (including website, hosting, support, and services as more completely described in Schedule Item 3) (“GameDay website”) on the following terms and conditions (this “Agreement”).
      1. GameDay grants you a non-exclusive, non-assignable license to use the GameDay website; no rights in the GameDay website are sold or assigned under this Agreement.
      2. GameDay agrees to provide the GameDay website (including its operation and maintenance) with due care and skill, together with such other services as we and You may agree from time to time.
      3. GameDay may engage third party service providers to supply necessary infrastructure, connectivity or other services in relation to GameDay websites.
      4. You agree to provide all content, including logos, updates and information for the GameDay website, on a timely basis and You grant us a limited, non-exclusive, royalty free right to use that content solely for providing the GameDay website. You are responsible for managing and keeping up to date all data and content You provide.
      5. The GameDay website will be branded with the names and logos You provide, and You warrant that you have permission to use such names and logos. GameDay will not use the logos or other trademarks without prior consent (such consent not to be unreasonably withheld).
      6. “Powered by GameDay” or similar will appear on the GameDay website in the website footer.
  2. Length of agreement
    1. This Agreement starts on the date of purchase and continues for the “Initial Term” (Schedule Item 4). During the Initial Term either party may give notice that the Agreement is to conclude at the end of the Initial Term. If neither party gives that notice, then this Agreement is extended beyond the Initial Term, until a party gives notice that it is to conclude, at which point this Agreement will conclude at the expiry of 30 days of that notice.
    2. You may use the GameDay website only if you fully agree to these terms; and by using or subscribing to any GameDay website, you signify and affirm your informed consent to these terms.
    3. By using the GameDay website, you acknowledge that you have read and consent to our Privacy Policy available at https://mygameday.app/privacy-policy/ (“Privacy Policy”).
  3. Your Obligations
    1. In using the GameDay website You undertake and agree to:
      1. fully comply with all applicable laws and any other contractual terms which govern your use of the GameDay website (and any related interaction or transaction), including those specific laws applicable to you or your end users in any of your geographical locations;
      2. be solely responsible and liable with respect to any of the uses of the GameDay website which occur under your user account, or by your end users, including for any content (including for any consequences of accessing, importing, uploading, copying, using or publishing such content) on or with respect to the GameDay website;
      3. regularly and independently save and backup any of your content and the information that is being processed by you regarding your GameDay website, including with respect to end users, and any applications or third-party services used by you;
      4. receive from time to time, promotional messages and materials from GameDay or its partners (but if you wish not to receive such promotional materials or notices, please notify us at any time);
      5. allow GameDay to use in perpetuity, worldwide and free of charge, any version of your GameDay website for marketing or promotional activities (and modify it as reasonably required for such purposes), and you waive any claims against GameDay or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have with respect to such limited permitted use;
      6. GameDay’s sole discretion as to the means, manner, and method for delivering the GameDay website, including regarding the hosting, transmission, publication or display of any content (including the inclusion and presentation of advertisements or other commercial content).
    2. GameDay shall have the right to offer GameDay websites in alternative price plans and impose different restrictions as for the upload, storage, download and use of GameDay websites in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of content, quality or format of content, sources of content, volume of download time, number of subscribers to your content, etc.
    3. You must comply with all applicable laws, and You will be responsible for your actions and for the actions of anyone who accesses your user account or user GameDay website settings. You may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentation or abuse about our services, or otherwise violate anyone’s rights or any applicable laws.
    4. You acknowledge and agree that Your failure to abide by any of the foregoing or any misrepresentation made by you may result in the immediate termination of your GameDay website.
  4. Privacy
    1. Certain parts of the GameDay website (including certain third-party services) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the GameDay website, GameDay and such third parties, may collect, access and use certain data pertaining to users and end users, including the activities or navigation undertaken by users and end users through the GameDay website.
    2. We care about your privacy, and you should too. Please read our Privacy Policy to learn more about our practices concerning personal information.
  5. Service Fees
    1. The use of GameDay websites is subject to payment of the Subscription Fee (Schedule Item 5).
    2. GameDay reserves the right to change its Subscription Fee at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, GameDay has the right to automatically and without notice, renew your subscription to such GameDay websites subscription at the full applicable Subscription Fee.
    3. All Subscription Fees shall be deemed to be in Australian Dollars, except as specifically stated otherwise in writing by GameDay. To the extent permitted by law (and unless specified otherwise by GameDay in writing), all Subscription Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and You shall be responsible for payment of all applicable Taxes relating to Your use of GameDay websites, or to any payments or purchases made by You. If GameDay is obligated to collect or pay Taxes for the Subscription Fees payable by You, and whether or not such Taxes were added and collected from You for previous transactions, such Taxes may be added to the payment of any outstanding Subscription Fees. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with Subscription Fees (such as international transaction, currency exchange or fees due to banks or credit card companies). GameDay is not responsible for any such additional costs.
    4. As part of registering or submitting information to receive a GameDay website, you also authorise GameDay (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries GameDay or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (eg. updated expiry date or card number as may be provided to us by your credit card company).
    5. If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.
  6. Minimum Subscription Term / Auto-Renewals
    1. The minimum term for all GameDay website subscriptions is 12 months.
    2. In order to ensure that you do not experience any interruption or loss of services, GameDay website subscriptions are set to auto renew. GameDay websites will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discounts or other promotional offer provided for the first period).
    3. In the event of failure to collect any Subscription Fee owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time. We will attempt to contact you once and provide notice of the failed payment. If the payment fails a second time we will attempt to contact you again and provide notice of the second​ failed payment and warning that a third failed payment will result in a suspension or cancellation of your GameDay website, without further notice.
    4. In the event of suspension or cancellation, Your use of the GameDay website will not resume until you re-subscribe, and pay any applicable Subscription Fee in full, including any fees outstanding and any expenses incurred by GameDay or its affiliates for any transaction expenses, including chargebacks. Additional Subscription Fees may apply to re-activation of Your GameDay websites following a suspension or cancellation, as determined by GameDay in its sole discretion.
    5. By entering into this Agreement and by purchasing a GameDay website, you acknowledge and agree that the paid subscription shall automatically renew in accordance with the above terms.
  7. Money-Back Guarantee
    1. If you are not satisfied with GameDay websites you have purchased, you may provide notice of cancellation for any reason within (7) days of having first ordered or activated your GameDay website (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of the GameDay website. The Refund is not applicable to any additional purchases, upgrades, modification or renewals of the GameDay website. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. GameDay will not be responsible for any differences.
    2. After the Refund Period has expired, the Subscription Fee paid by you is non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services received and enjoyed, we reserve our right to still charge You, as permitted by law.
  8. Cancellation and Consequences of Termination
    1. You may discontinue your use and cancel your GameDay website subscription at any time on giving GameDay 30 days’ notice in writing.
    2. Failure to comply with any of part of this Agreement or to pay any Subscription Fee when due, shall entitle us to suspend or cancel your GameDay website and any other GameDay website related to You.
    3. If the suspension, cancellation or termination of Your GameDay website for any reason (whether at your request or at our discretion), results in the loss of content, features, or capacity, including any content, end user or other data retained therein, and including any domain name reservation or registration included in the subscription ​(“Capacity Loss”)​, GameDay shall not be liable in any way for any such Capacity Loss, or for saving a backup of your content or data.
  9. E-Commerce functionality – Pro and Elite Tiers
    1. GameDay website subscriptions at the Pro and Elite tiers include e-Commerce functionality powered by WooCommerce.
    2. We have not reviewed, and cannot review, all of the items for sale through the WooCommerce functionality. We have no control over Your store and are not responsible for Your content. We are not responsible for any use or effects from the sale or purchase of items through a site or store using WooCommerce, and as such:
      1. We do not endorse any items for sale or represent that their description or labelling is accurate, useful, or non-harmful; and we disclaim any responsibility for any harm resulting from anyone’s purchase or use of any items through a GameDay website using the WooCommerce;
      2. If You sell items through your GameDay website or using WooCommerce, You are solely and entirely responsible for those items, and for any harm resulting from those items, and You – and any person buying items via Your store, will look solely to the supplier of those items, for any damages that result from purchase or use of those items;
      3. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between buyers and sellers; We are not involved in transactions that take place on stores using WooCommerce, including any subscription, store operations, sales, refunds, or returns; and We disclaim any responsibility for the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased.
  10. Disclaimer of Warranties
    1. You acknowledge that there are risks in using the GameDay websites or connecting or dealing with third party services in connection with GameDay websites, and that GameDay cannot and does not guarantee any specific outcomes from such use or interactions. You hereby assume all such risks, liabilities and harm of any kind arising in connection with or resulting from such interactions.
    2. GameDay does not recommend the use of GameDay websites for hosting of personal content, financial details or security sensitive content and shall bear no privacy, integrity or security obligations or responsibility regarding breach or damage to any such content.
  11. Changes and Updates
    1. GameDay reserves the right to change, suspend or terminate any GameDay websites (or any related feature or applicable price), and to cancel your access to GameDay websites (or to remove any material or content created by you) for any reason, and to change these terms without prior notice.
    2. You agree that GameDay will not be liable to you or to any third party for any modification, suspension or discontinuance of the GameDay website, provided only that if any such change involves the payment of additional Subscription Fees, we will provide you with a notice of such Fees prior to making such change. If you fail or refuse to pay the new Subscription Fee, we may suspend or cancel your GameDay website (in which case see paragraph 6.3), continue to support your then-current GameDay websites without enabling such changes, or provide you with an alternate service.

Schedule

Item 1

Stack Sports Australia Pty Limited (ABN 76 608 341 260) trading as GameDay,
12/565 Bourke Street, Melbourne VIC 3000, Australia

Item 2

Customer name, number and address

Item 3

Nominate which Subscription and any special services

Item 4

Initial Term (start date and initial period, minimum is 12 months)

Item 5

Subscription Fee (and how paid)

Subscription Selector

GameDay websites come in three subscription levels:

  1. GameDay ClubStarter
  2. GameDay Pro
  3. GameDay Elite.

Additional notes about Product enhancements, bug fixes and content loading

From time to time, GameDay may make enhancements to the Standard Features of the GameDay websites.

Bugs or defects that are found within the GameDay websites will be logged and prioritised according to severity. From time to time, GameDay will release updated versions of the GameDay websites and outline the bug fixes and improvements that are a part of the new version. 

Hours of support (all hours AEST or AEDT, whichever is applicable):

Level 1 – queries and configuration Level 2  – escalated questions and development
  • Mon – Fri: 8am – 7pm
  • Sat – Sun: 12pm – 7pm
  • ​National Public Holidays: Closed
  • Mon – Fri: 9am – 5pm
  • ​National Public Holidays: Closed

Configuration of the GameDay websites and content loading or migration is not included as part of the GameDay websites product. If GameDay are required to migrate, create or configure content for the website, this may need to be charged for separately. 

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