Competition Administrator Terms

These Competition Administrator Terms (“Administrator Terms”) apply to any club, association, sporting organisation, school, business, company, individual or other entity (“Competition Administrator”) that uses MyGameHQ (“Platform”) to establish, administer, manage or operate a sporting competition.

These Administrator Terms form part of the agreement between the Competition Administrator and MyGameHQ (“Platform Provider”, “we”, “us” or “our”).

The Platform is a technology and administrative service provider. The Platform Provider does not operate, organise, supervise or control the sporting competitions made available through the Platform unless expressly agreed otherwise in writing.

The Competition Administrator remains responsible for the operation and administration of its Competition and for ensuring that the Competition complies with applicable laws, sporting rules, safeguarding requirements and these Administrator Terms.

By creating a Competition, subscribing to an Administrator service, accepting these Terms or otherwise using the Platform to administer a Competition, you agree to these Administrator Terms.

In these Administrator Terms: Administrator means the Competition Administrator using the Platform. Club means a sporting club, school, organisation or other entity participating in a Competition. Competition means a sporting competition, league, tournament, event or sporting activity created or administered by an Administrator through the Platform. Competition Participant means any player, coach, referee, official, manager, volunteer, parent, guardian, spectator or other person participating in or connected with a Competition. Platform means the MyGameHQ website, application, software and associated services. Platform Provider means MyGameHQ. Participant Data means personal information or other information concerning Competition Participants.

The Platform Provider provides technology that may allow an Administrator to:

• create Competitions;
• register Clubs;
• register players;
• register coaches;
• register referees;
• create teams;
• collect registration information;
• collect payments;
• schedule fixtures;
• record results;
• maintain ladders;
• record statistics;
• communicate with Participants;
• manage subscriptions; and
• perform other administrative functions.

The Platform Provider does not, merely by providing these functions:

• operate the Competition;
• employ Participants;
• appoint coaches;
• appoint referees;
• supervise children;
• provide sporting instruction;
• determine Competition eligibility;
• determine sporting rules;
• determine disciplinary outcomes;
• provide medical supervision;
• provide child-safeguarding supervision;
• guarantee the competence or suitability of Participants;
• guarantee the safety of a venue;
• provide insurance; or
• assume responsibility for the conduct of the Competition.

The Administrator is responsible for determining how these matters are managed.

Each Competition is an independently operated sporting activity unless expressly stated otherwise. The Administrator is solely responsible for its Competition and its relationship with Clubs, players, parents and guardians, coaches, referees, officials, volunteers, spectators and other Participants.

The Administrator must ensure that Participants understand that the Competition is operated by the Administrator and not by the Platform Provider. The Administrator must not represent or imply that the Platform Provider is the operator, organiser, employer, governing body or responsible entity for the Competition unless this has been expressly agreed in writing.

The Administrator represents and warrants that it:

• has authority to operate the Competition;
• has authority to enter into these Terms;
• is legally entitled to conduct the relevant sporting activities;
• has obtained any required licences, registrations, permits or approvals;
• has authority to register participating Clubs;
• has appropriate arrangements for Participants;
• will comply with applicable laws and sporting requirements; and
• will provide accurate information to the Platform.

If the Administrator is acting on behalf of a Club, association, school or other organisation, the Administrator confirms that it has authority to do so.

The Administrator is responsible for ensuring that information entered into the Platform is accurate. This includes Competition name, description, dates, venues, age groups, divisions, grading requirements, Competition rules, registration requirements, fees, cancellation terms, refund terms, eligibility requirements, team requirements, player requirements and contact information.

The Administrator must not configure a Competition in a way that is unlawful, misleading, discriminatory or unsafe.

The Administrator is responsible for managing Clubs participating in its Competition. The Administrator must ensure that participating Clubs are appropriately registered where required, understand the Competition rules, have appropriate authority to enter teams, provide accurate Participant information, comply with safeguarding requirements, comply with applicable sporting regulations, have appropriate insurance where required, have appropriate supervision arrangements, and comply with applicable codes of conduct. The Platform Provider is not responsible for determining whether a Club is suitable or eligible to participate.

The Administrator is responsible for establishing and enforcing player eligibility requirements including age eligibility, registration status, grading, division, team eligibility, transfer requirements, player limits, player eligibility restrictions and any other Competition-specific requirements. The Administrator is responsible for ensuring that player registrations comply with applicable laws and sporting rules. The Platform Provider does not independently verify the eligibility or suitability of players unless expressly agreed in writing.

Where a Competition involves children or young people, the Administrator acknowledges that it has additional responsibilities. The Administrator is responsible for implementing appropriate child-safeguarding measures and complying with all applicable child-protection legislation, regulations, sporting requirements and safeguarding standards.

The Administrator must take reasonable steps to ensure that:

• children are appropriately registered;
• appropriate parent or guardian consent is obtained where required;
• Participant information is collected lawfully;
• coaches and officials are appropriately authorised;
• required Working With Children Checks or equivalent checks are completed;
• appropriate supervision is provided;
• venues are reasonably suitable and safe;
• safeguarding concerns can be reported;
• complaints are appropriately managed;
• Participants understand relevant codes of conduct;
• inappropriate adult-child interactions are addressed;
• children are protected from bullying, harassment and abuse; and
• appropriate escalation procedures exist for safeguarding concerns.

The Platform Provider does not supervise children and does not assume responsibility for the safety or welfare of children participating in a Competition.

The Administrator must maintain appropriate procedures for preventing and responding to child abuse, physical abuse, sexual abuse, sexual exploitation, grooming, neglect, emotional abuse, bullying, harassment, inappropriate physical contact, inappropriate communications, inappropriate online behaviour, discrimination and other conduct that may place a child at risk.

Where required by law, the Administrator must ensure that relevant incidents are reported to the appropriate authorities. The Administrator must not rely on the Platform as a substitute for a child-protection framework. The Administrator remains responsible for safeguarding policies, reporting procedures, staff and volunteer screening, supervision, training, incident management, mandatory reporting requirements, communication with parents or guardians and liaison with relevant authorities.

Where applicable, the Administrator must ensure that coaches, referees, officials, volunteers and other relevant persons hold any legally required Working With Children Check, police check, vulnerable-person clearance, sporting accreditation, coaching accreditation or other mandatory qualification. The Administrator is responsible for checking the validity and currency of such requirements.

The Platform Provider does not guarantee that an individual is appropriately screened, qualified or suitable to work with children. Where the Platform provides fields for recording checks or qualifications, those features are administrative tools only and do not constitute independent verification by the Platform Provider unless expressly stated.

Coaches are appointed, engaged or authorised by the Administrator or relevant Club. The Administrator is responsible for ensuring that coaches are appropriately qualified where required, satisfy applicable screening requirements, understand Competition rules, comply with safeguarding requirements, comply with relevant codes of conduct, behave appropriately towards Participants, maintain appropriate boundaries with children, do not engage in bullying or harassment, and do not misuse Participant information. The Platform Provider does not employ or supervise coaches merely because the coach has an Account on the Platform.

Referees and Competition officials are appointed or authorised by the Administrator or relevant sporting organisation. The Administrator is responsible for ensuring that referees and officials have appropriate qualifications where required, understand applicable Competition rules, comply with relevant codes of conduct, comply with safeguarding requirements, act appropriately towards Participants, do not engage in bullying, harassment or discrimination, and maintain appropriate professional boundaries. The Platform Provider does not employ, supervise or independently certify referees or officials merely because they use the Platform.

Where children participate in a Competition, the Administrator must establish appropriate communication and consent arrangements with parents or guardians. The Administrator should ensure that parents and guardians have access to Competition rules, codes of conduct, safeguarding policies, complaint procedures, relevant Competition information, emergency procedures and contact details for responsible Competition personnel. The Administrator remains responsible for deciding how and when communications are made to parents and guardians.

The Administrator must maintain a clear policy prohibiting bullying and harassment. This applies to players, coaches, referees, officials, parents, spectators, volunteers, Club representatives and other Competition Participants.

The Administrator must take reasonable steps to prevent and address bullying, cyberbullying, intimidation, threats, abusive behaviour, sexual harassment, discrimination, repeated unwanted contact, humiliation, exclusion, victimisation and other inappropriate conduct. The Platform may provide tools for reporting or managing incidents, but the Administrator remains responsible for investigating and responding to Competition-related misconduct.

The Administrator must operate its Competition in accordance with applicable anti-discrimination laws. Competition rules must not unlawfully discriminate against Participants. The Administrator must establish appropriate processes for handling complaints concerning race, nationality, ethnicity, sex, gender, disability, age, religion, sexual orientation, pregnancy, family or marital status, or other legally protected characteristics.

The Administrator must take reasonable steps to prevent sexual misconduct, sexual harassment, grooming and abuse. The Administrator must have appropriate procedures for receiving complaints, protecting complainants, protecting children, managing alleged perpetrators, preserving relevant evidence, escalating serious matters and reporting matters to authorities where required. The Administrator must not use the Platform to facilitate inappropriate relationships or communications between adults and children.

The Administrator must maintain appropriate codes of conduct for Participants. Where appropriate, these should cover players, coaches, referees, officials, parents, guardians, spectators, volunteers and Club representatives. The Administrator must communicate applicable codes of conduct to Participants before or during registration.

The Administrator is solely responsible for creating, communicating and enforcing Competition rules including rules concerning playing conditions, eligibility, grading, team composition, player transfers, substitutions, uniforms, equipment, venues, match officials, scheduling, forfeits, disciplinary matters, appeals, finals, scoring, points, rankings and Competition-specific requirements. The Platform Provider is not responsible for determining whether Competition rules are appropriate or lawful.

The Administrator is responsible for creating fixtures, confirming venues, communicating fixture changes, recording results, correcting errors, resolving disputes regarding results and determining official Competition standings. The Platform displays information supplied by the Administrator or authorised Users. The Platform Provider is not responsible for incorrect sporting results or fixture information supplied by the Administrator.

The Administrator is responsible for managing Competition disciplinary matters including player, coach, referee, spectator and Club misconduct, suspensions, penalties, protests, appeals and Competition exclusions. The Administrator must maintain fair and appropriate disciplinary procedures. The Platform Provider does not make sporting or disciplinary decisions unless expressly contracted to do so.

The Administrator must maintain an appropriate process for receiving and responding to complaints. Complaints may relate to bullying, harassment, discrimination, child safety, referee conduct, coach conduct, player conduct, spectator behaviour, Competition rules, fixtures, results, eligibility, payment disputes or other Competition matters. The Administrator must investigate complaints appropriately and take reasonable steps to protect Participants from retaliation or victimisation.

The Administrator is responsible for establishing appropriate emergency procedures including first aid, emergency contacts, venue emergency procedures, injury procedures, access to emergency services, incident reporting, heat and weather procedures and appropriate supervision. The Platform Provider does not provide medical care or emergency services. The Platform must not be relied upon as the sole means of communicating emergency information.

The Administrator is responsible for ensuring that Competition venues are appropriately booked, authorised, maintained, accessible, suitable for the relevant sport, reasonably safe, insured where required and compliant with applicable regulations. The Platform Provider does not inspect or certify Competition venues.

The Administrator is responsible for determining and obtaining appropriate insurance for its Competition including public liability insurance, participant accident insurance, workers' compensation, professional indemnity, volunteer insurance, property insurance or other appropriate insurance. The Administrator must not represent that the Platform Provider provides insurance for the Competition unless expressly agreed in writing.

The Administrator must comply with applicable privacy laws. The Administrator is responsible for ensuring that it has an appropriate lawful basis for collecting and providing Participant information to the Platform. The Administrator must collect only information reasonably required, provide appropriate privacy notices, obtain consent where required, ensure information is accurate, restrict access appropriately, protect personal information, manage children's information appropriately, respond to privacy requests where required and comply with applicable data-breach requirements. The Administrator must not upload personal information to the Platform for purposes unrelated to the Competition or Platform services.

The Administrator must exercise particular care when handling information concerning children including dates of birth, contact details, photographs, medical information, emergency contacts, school information, behavioural information, disciplinary information and safeguarding information. The Administrator must ensure that only appropriate information is made publicly available. Where possible, public-facing Competition information should be limited to information reasonably necessary for sporting purposes.

The Administrator is responsible for obtaining appropriate permissions for photographs, videos and other media uploaded to the Platform. The Administrator must ensure that Participants are appropriately informed, required parental or guardian consent is obtained, media is used only for appropriate purposes, inappropriate images are not uploaded, children's images are handled appropriately and requests relating to inappropriate or unauthorised media are addressed. The Platform Provider is not responsible for obtaining consent for media uploaded by the Administrator.

The Administrator retains ownership of intellectual property it owns and uploads to the Platform, subject to the licence granted below. The Administrator represents that it has the necessary rights to use Club logos, Competition logos, photographs, videos, trademarks, team names, player images, promotional material, competition rules and other Content.

The Administrator grants the Platform Provider a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, transmit and process such Content as reasonably necessary to provide the Platform services. The Administrator must not upload material that infringes another person's intellectual property rights.

Where an Administrator permits Clubs to upload logos, names, photographs or other intellectual property, the Administrator must ensure that Clubs have the necessary rights and permissions. The Administrator must not represent that it owns Club intellectual property unless it has appropriate authority. The Platform Provider may remove material where it reasonably believes that the material infringes intellectual property rights or breaches applicable law.

The Administrator may use Platform functionality to establish Competition branding. The Administrator is responsible for ensuring that Competition branding does not infringe trademarks, copyright, registered designs, trade names, Club rights, sporting organisation rights or other intellectual property.

The Administrator may use the Platform to collect Competition fees, registration fees, subscriptions or other payments. The Administrator is responsible for setting Competition fees, clearly communicating fees, determining applicable taxes, establishing refund policies, managing cancellations, resolving Competition-related payment disputes, issuing invoices or receipts where required and complying with applicable consumer laws. Where the Platform processes payments on the Administrator's behalf, the Administrator authorises the applicable payment provider to process those transactions. The Platform Provider does not determine whether a Competition fee is fair, reasonable or lawful.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation. Where the Administrator provides goods or services directly to Participants, Clubs or other customers, the Administrator remains responsible for complying with applicable consumer protection laws.

The Administrator is responsible for establishing appropriate policies concerning Competition cancellation, player withdrawal, team withdrawal, Competition postponement, weather cancellations, fixture changes, refunds, credits, transfers and other Competition-specific payment matters. Where the Platform processes payments, the Administrator must provide clear instructions concerning its refund and cancellation policies.

The Administrator is responsible for communications it sends to Participants through the Platform. The Administrator must ensure communications comply with applicable laws, including spam and marketing laws. The Administrator must not use the Platform to send unlawful marketing, harassment, discriminatory messages, inappropriate content, sexually explicit material, threats, spam or other prohibited communications.

The Administrator is responsible for ensuring that only appropriately authorised people have administrative access. The Administrator must maintain appropriate Account security, promptly remove former administrators, avoid sharing administrator credentials, use strong passwords, protect confidential information and notify the Platform Provider of suspected unauthorised access.

The Administrator remains responsible for ensuring that information entered into the Platform is accurate and lawful. The Administrator must not use the Platform to store information that is unlawful, unnecessarily sensitive, malicious, fraudulent, defamatory, discriminatory, abusive or unrelated to the Competition.

The Administrator must promptly notify the Platform Provider if it becomes aware of unauthorised access, compromised Accounts, accidental disclosure, loss of Participant information, malicious activity, suspected data breaches or other security incidents affecting the Platform. The Administrator must cooperate reasonably with investigations and remediation.

Where an Administrator becomes aware of an allegation or incident involving child abuse, sexual abuse, grooming, serious physical harm, credible threats, serious violence, exploitation or another serious safety concern, the Administrator must take immediate and appropriate action. Where legally required, the Administrator must report the matter to the appropriate authority. The Administrator must not rely on the Platform Provider to determine whether a matter must be reported.

The Platform Provider may assist with technical information where appropriate, but is not responsible for investigating Competition incidents. The Administrator remains responsible for determining what occurred, whether Competition rules were breached, whether disciplinary action is appropriate, whether a Participant should be suspended, whether a Club should be sanctioned, whether a safeguarding referral is required and whether authorities must be contacted. Nothing prevents the Platform Provider from taking action under its own Terms of Use where conduct also breaches Platform rules.

The Administrator must not use the Platform to operate unlawful activities, facilitate abuse, facilitate grooming, facilitate discrimination, facilitate bullying, facilitate harassment, falsify Competition results, manipulate rankings, create fraudulent registrations, misuse Participant information, infringe intellectual property, circumvent payment systems, distribute malware, compromise Platform security or otherwise misuse the Platform.

To the maximum extent permitted by law, the Administrator indemnifies the Platform Provider against claims, losses, liabilities, costs and expenses arising from operation of the Competition, Participant injuries, Participant misconduct, child-safety incidents, safeguarding failures, coach conduct, referee conduct, spectator conduct, Club conduct, Competition rules, Competition disputes, inaccurate information, privacy breaches caused by the Administrator, unlawful collection or use of Participant information, intellectual-property infringement, failure to obtain required consent, failure to obtain required licences or approvals, failure to obtain appropriate insurance, or breach of these Administrator Terms. This indemnity does not apply to the extent that the relevant loss was caused by the Platform Provider's own negligence, unlawful conduct or breach of a non-excludable legal obligation.

The Administrator acknowledges that Participants may reasonably assume that the Administrator is responsible for the Competition. The Administrator must therefore ensure that Participants are provided with appropriate information regarding who operates the Competition, Competition rules, fees, refund policies, safeguarding, complaints, emergency procedures, privacy, codes of conduct, insurance and relevant contact information.

The Platform Provider is not responsible for sporting injuries, Competition disputes, referee decisions, coaching decisions, player eligibility, Competition results, venue safety, safeguarding failures, inappropriate conduct by Participants, Club disputes, Competition cancellation, Participant relationships, the accuracy of information entered by the Administrator, or failures of the Administrator to comply with applicable laws. Nothing in these Terms excludes liability that cannot lawfully be excluded.

We may suspend or restrict a Competition where we reasonably believe that these Terms have been breached, the Competition presents a serious safety risk, illegal activity may be occurring, the Platform is being misused, Participant information is being improperly handled, the Competition presents a significant reputational or legal risk, or suspension is reasonably necessary to protect Users or the Platform. Where reasonably practicable, we will provide the Administrator with an opportunity to address the relevant issue. Immediate action may be taken where necessary to protect Participants or the Platform.

Either party may terminate the Administrator's use of the Platform in accordance with the applicable subscription or service agreement. We may terminate or suspend access immediately where the Administrator seriously breaches these Terms, engages in unlawful conduct, creates a serious safeguarding risk, compromises Platform security, repeatedly breaches these Terms, fails to pay applicable fees or provides materially false information. Termination does not remove obligations that are intended to survive termination.

Following termination, access to administrative functions may cease, Competition registrations may no longer be accessible through the Administrator Account, Participants may need to be informed of alternative arrangements, outstanding payment obligations remain payable, confidentiality obligations continue, intellectual-property rights continue, indemnities continue and legally required information may continue to be retained. Where required by applicable law, we will cooperate reasonably regarding the return, transfer or deletion of Administrator Data.

Where the Platform provides data-export functionality, the Administrator may export relevant Competition information in the available format. The Administrator remains responsible for protecting exported information. Once information has been exported from the Platform, the Administrator is responsible for its subsequent storage, security and use.

We will use reasonable efforts to maintain Platform availability. However, the Platform may be unavailable because of maintenance, technical faults, telecommunications failures, cloud service outages, cyber incidents, third-party service failures, upgrades, circumstances beyond our reasonable control or other operational reasons. The Administrator must maintain appropriate contingency procedures for important Competition information and communications.

The Platform Provider does not guarantee Participant numbers, Competition profitability, Competition attendance, Competition growth, Club participation, player retention, sporting outcomes, sponsorship, venue availability or any other commercial or sporting outcome. The Platform is a technology service and does not guarantee the success of a Competition.

The Platform may integrate with third-party services including payment providers, email providers, SMS providers, cloud hosting providers, identity verification services, analytics providers, sporting databases and other software providers. The Administrator acknowledges that third-party services may be governed by separate terms.

All intellectual property in the Platform remains the property of the Platform Provider or its licensors. The Administrator receives only the rights necessary to use the Platform for its intended purpose. The Administrator must not copy the Platform, reverse engineer it except where legally permitted, reproduce Platform functionality, create a competing product using Platform intellectual property, remove proprietary notices or use Platform branding without permission.

The Administrator must keep confidential information obtained through the Platform secure. This includes Participant information, administrator credentials, confidential Competition information, private disciplinary information, safeguarding information, commercial information and Platform security information. Confidential information must only be disclosed where authorised or legally required.

The Administrator must comply with all laws applicable to its Competition. Depending on the Competition, this may include laws relating to child protection, privacy, discrimination, workplace health and safety, consumer protection, employment, taxation, gambling, alcohol, public liability, sporting regulation, accessibility, intellectual property, marketing, spam, payments and mandatory reporting. The Platform Provider does not provide legal advice to Administrators.

The Administrator should take reasonable steps to ensure that its Competition is accessible and inclusive where required by applicable law. This may include consideration of Participants with disabilities, reasonable adjustments, accessible venues, inclusive registration, appropriate communication, anti-discrimination requirements and inclusive Competition policies.

The Administrator represents and warrants that it has authority to operate the Competition, information supplied to the Platform is accurate, it will comply with applicable law, it will comply with safeguarding obligations, it will protect Participant information, it will obtain required consents, it will maintain appropriate insurance, it will maintain appropriate Competition procedures, it will appropriately supervise Participants, it has the necessary rights to uploaded Content and it will comply with these Administrator Terms.

We may amend these Administrator Terms from time to time. Where changes are material, we will take reasonable steps to notify Administrators. Continued use of the Platform following the effective date of amended Terms constitutes acceptance of the amended Terms, to the extent permitted by law.

These Administrator Terms are governed by the laws of New South Wales, Australia. The parties submit to the jurisdiction of the courts of New South Wales, Australia, subject to any mandatory rights under applicable law.

If any provision of these Terms is found to be invalid or unenforceable, it will be modified or severed to the minimum extent necessary, without affecting the remaining provisions.

These Administrator Terms, together with the Platform Terms of Use, Privacy Policy, applicable subscription agreement, applicable service agreement, Competition-specific terms and other policies incorporated by reference, form the agreement between the Administrator and Platform Provider concerning the Administrator's use of the Platform.

By accepting these Administrator Terms, the Competition Administrator expressly acknowledges that:

• The Platform Provider provides technology and administrative services and is not generally the operator of the Competition.
• The Administrator is responsible for the Competition and its Participants.
• The Administrator is responsible for child protection and safeguarding where children participate in its Competition.
• The Administrator is responsible for ensuring that coaches, referees, officials and volunteers satisfy applicable qualification, screening and safeguarding requirements.
• The Administrator is responsible for Clubs participating in its Competition.
• The Administrator is responsible for Competition rules, eligibility, fixtures, results and disciplinary decisions.
• The Administrator is responsible for appropriate insurance and venue arrangements.
• The Administrator is responsible for complying with applicable privacy and data-protection requirements.
• The Administrator is responsible for obtaining appropriate consent for children's information, photographs, videos and other personal information.
• The Administrator is responsible for addressing bullying, harassment, discrimination, abuse, safeguarding concerns and other misconduct within its Competition.
• The Administrator is responsible for reporting incidents to relevant authorities where required by law.
• The Platform Provider does not supervise Participants or assume responsibility for their conduct merely because they use the Platform.
• The Administrator must not represent the Platform Provider as the operator or organiser of the Competition unless expressly authorised in writing.
• The Administrator must maintain appropriate procedures to protect Participants and operate the Competition lawfully and safely.

By selecting “I Agree”, creating a Competition, subscribing to an Administrator service or otherwise using the Platform to administer a Competition, the Administrator confirms that it:

• has read these Administrator Terms;
• understands its responsibilities;
• has authority to accept these Terms;
• accepts responsibility for its Competition;
• accepts responsibility for safeguarding Participants;
• accepts responsibility for Clubs, players, coaches, referees, officials and other Participants;
• agrees to comply with applicable laws and sporting requirements; and
• agrees to comply with these Administrator Terms.