This license is for the provision of the mobile app available for free download from the App Store and Google Play under the name “Sporting Club of Sydney” (“App”).

This license is between Sporting Club of Sydney (ABN 26 283 293 43) (“we”, “us”, “our”) and the person who downloads the App (“you”, “your”).

The App is the only official app for the Sporting Club of Sydney. We do not endorse any other mobile apps. Customers who download non–Sporting Club of Sydney approved mobile apps do so at their own risk.

1. License Terms

The App is licensed, not sold, by us to you for use only under the terms of this license. You acknowledge that you have already accepted the Conditions of Entry for the Sporting Club of Sydney and that such terms apply in addition to the terms of this license.

2. License Parties

You acknowledge that this license is concluded between you and us only, and not with Apple or any other person. Subject to the terms and conditions of this license, we (not Apple) are solely responsible for the App and its content. We reserve all rights not expressly granted to you.

3. Description of the App

The App allows you to:
(i) contact us in respect of services provided at the Sporting Club of Sydney;
(ii) add events held at the Sporting Club of Sydney to your digital calendar;
(iii) access maps of Allianz Stadium, the Sydney Cricket Ground, and the Sporting Club of Sydney; and
(iv) share and manage entitlements in respect of events and facilities at Allianz Stadium, the Sydney Cricket Ground, and the Sporting Club of Sydney.

Although every effort has been made to ensure the accuracy of information included in the App, locations, facilities, distances, times and services may vary from that which occurs in practice. You acknowledge that:
(i) the App may not be compatible with certain devices and operating systems; and
(ii) while we endeavour to ensure that the App is free from viruses and other harmful code, this cannot be guaranteed.

4. Scope of License

This license grants you a non-exclusive, non-transferable right to use the App on any mobile device that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. You may only use the App for your personal, non-commercial purposes. You may incur charges from your mobile service provider for downloading and using the App.

5. License Restrictions

This license does not allow you to:
(i) use the App on any device that you do not own or control;
(ii) distribute or make the App available over a network where it could be used by multiple devices at the same time;
(iii) rent, lease, lend, sell, redistribute or sublicense the App;
(iv) copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except to the extent any foregoing restriction is prohibited by law);
(v) violate any applicable laws or access or use the App for any unlawful purpose;
(vi) distribute viruses, spyware, corrupted files or other software that may damage hardware or software; or
(vii) collect or store personal data about other users of the App, except as permitted under our Privacy Policy.

6. Username and Password

You must keep all usernames, passwords, personal identification numbers, and answers to security questions confidential and must not disclose this information to any person. We are not responsible for any loss suffered as a result of you disclosing such information. You should lock your device and take all reasonable steps to prevent unauthorised use of the App.

7. Privacy

You agree that we may collect and use your name, email, and other personal data in providing the services. We will handle all personal information that we collect in relation to you in accordance with our Privacy Policy, available at: Venues NSW – Privacy Policy (as of September 2024)

We collect, store and use your data in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs). Specifically:

• Your data will only be used for app-related services, analytics, and communication.
• Your data will not be sold or disclosed to third parties without your consent, except as required by law.
• All requests to permanently delete accounts and associated data should be directed to app.support@venuesnsw.com.

You may update any personal information by editing your profile in the app settings, contacting the Sporting Club of Sydney front office, or emailing info@sportingclubofsydney.com.au.

8. Location Data

The App may make use of location data to enhance your user experience. You can turn off this functionality at any time by disabling location services on your device. By using the App, you consent to us collecting and using your location data to provide and improve location-based services. You may withdraw this consent by turning off location services.

9. Third-Party Content

The App may display or link to content, data, or materials from third parties. To the maximum extent permitted by law, we do not warrant or endorse and accept no liability for any third-party content or services.

10. Intellectual Property

We (or our licensors) own all intellectual property rights in the App, including layout, design, code, text, images, sounds, video, and software. You must not use any of this material except as expressly permitted under this license.

11. Upgrades

We may from time to time upgrade the App. These terms will govern any upgrades unless accompanied by a separate license. Some updates may be mandatory for continued use.

12. Maintenance and Support

Apple has no obligation to provide maintenance or support for the App. You may report any issues directly to us by contacting info@sportingclubofsydney.com.au or app.support@venuesnsw.com.

PROVISIONS

1. Liability

To the maximum extent permitted by law and excluding liability arising under any Non-Excludable Provision:
(i) use of the App is at your sole risk;
(ii) we disclaim all warranties, guarantees, and rights with respect to the App;
(iii) we do not warrant that the App will meet your requirements or operate without interruption;
(iv) our maximum aggregate liability to you for all claims is limited to $100; and
(v) we are not liable for any indirect, consequential, or economic loss.

Our liability is reduced to the extent your acts or omissions (or those of a third party) contributed to the loss.

2. Non-Excludable Provisions

Nothing in this license excludes anything imposed by legislation (such as the Australian Consumer Law) that cannot lawfully be excluded or limited. If we are able to limit your remedy for a breach of such a provision, our liability is limited to:
(i) supplying the services again; or
(ii) paying the cost of having the services supplied again.

3. Notification to Apple

In the event of any failure of the App to conform to applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). Apple has no other warranty obligation with respect to the App. Any other claims or damages are our responsibility.

4. Claims

We are responsible for handling any claims by you or a third party relating to the App, including product liability, regulatory compliance, consumer protection, or intellectual property infringement.

5. Representations and Warranties

You represent and warrant that:
(i) you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting”; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

6. Suspension

We reserve the right to change, suspend, remove, or disable access to the App at any time without notice. We are not liable for any resulting loss or limitation.

7. Termination

This license is effective until terminated by you or by us. Your rights will automatically terminate if you fail to comply with any term of this license. Upon termination, you must cease all use of the App.

8. Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of this license and have the right to enforce it against you.

9. Third-Party Terms

You must comply with any applicable third-party terms (e.g., agreements with your mobile provider).

10. Amendments

We may change these Terms of Use at any time. We will notify you of any material changes via the App Store. Continued use of the App after changes are published constitutes acceptance of those changes.

11. Contacting Sporting Club of Sydney

You may direct any questions, complaints or claims to:

Sporting Club of Sydney
40–44 Driver Avenue, Moore Park NSW 2021, Australia
info@sportingclubofsydney.com.au
(02) 9360 6601

12. Unenforceability

If any part of this license is held unenforceable, that part is severed and the remainder remains in full force and effect.

13. Governing Law

This license and your use of the App are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.