GOATD Pty Ltd (ACN 649 187 173)
1. About these terms
(a) The terms below (“these Terms”) govern the legal relationship between GOATD Pty Ltd (Australian Company Number 649 187 173) (“GOATD”) and each person (“you”, “your”) who is deemed to accept these Terms by applying for membership to GOATD’s online community that offers access to athlete content (“Membership”).
2. The GOATD community
(a) GOATD operates its online community within the domain name goatdverse.com
and via other channels that GOATD may nominate from time to time, such as native mobile device apps (collectively “Website”).
(b) By holding Membership, you will be entitled to access various goods and services that are offered by GOATD via the Website, such as the ability to view athlete video clips or the ability to purchase limited-edition athlete merchandise (“Rewards”).
(c) You need to hold a current Membership to participate in the GOATD community and access Rewards. You can obtain Membership in accordance with section 3. Once obtained, your Membership can be suspended or cancelled in accordance with sections 10 and 11.
3. Obtaining Membership
(a) Membership to the GOATD Community is open to individuals who are at least 13 years old who accept these Terms using the applicable sign-up mechanism provided on the Website.
(b) In addition, if you are under 18 years old, you must have your parent or legal guardian confirm their acceptance of these Terms on your behalf (Authorising Adult). In that case, all requirements that apply under these Terms to “you” will apply collectively to both you and your Authorising Adult.
4. Membership Rewards
(a) The Rewards you can access during your Membership may include both free and paid Rewards as advertised from time to time on the Website.
(b) GOATD may specify different terms that apply to different types of Rewards in addition to these Terms (“Reward Terms”). For example, the Reward Terms for one type of Reward may entitle you to access exclusive videos that are not offered to other members.
(c) Reward Terms will be specified by GOATD on the Website and will include the details specified on each Website page that provides a mechanism for purchasing a Reward.
(d) If there is any inconsistency between these Terms and any Reward Terms, these Terms will override the Reward Terms as necessary to resolve the inconsistency.
(e) You are solely responsible for the Rewards you hold, including keeping them safe and secure. GOATD will not be responsible or liable to you for any loss or theft of Rewards, or any damage to or errors in any Rewards due to third parties.
(f) All Rewards are personal to you and are not transferrable.
(g) You will not be able to access any Rewards if your Membership is suspended or cancelled under sections 10 and 11.
(h) GOATD reserves the right to refuse to allow you to access Rewards if GOATD reasonably determines that you are not in the mental or physical condition necessary to safely access the Reward. For example, GOATD may refuse access to individuals who are under the influence of alcohol or drugs.
(i) GOATD reserves the right to require proof of identify to access Rewards. For example, GOATD may require proof of identify before you can access Rewards that involve attending an in-person event to meet an athlete.
(j) You are solely responsible for all ancillary costs you may need to incur to access Rewards, except where expressly stated otherwise under any applicable Reward Terms.
5. Membership responsibilities
(a) You must adhere to all reasonable standards GOATD specifies from time to time in relation to participation in the GOATD online community. In addition, you must not do or attempt, or assist or permit anyone else to do or attempt, any of the things mentioned below in this section 6.
(b) You must not access or use the Website or Rewards otherwise than in accordance with these Terms and any applicable Reward Terms.
(c) You must not access or use the Website or Rewards in a manner that is inconsistent with generally promoting a safe and enjoyable environment for all participants in the GOATD online community.
(d) You must not access or use the Website or Rewards for any commercial purposes, including to promote or advertise any third-party goods or services or create any competing goods or services.
(e) You must not sell or transfer or otherwise legally encumber (including granting security interests over) Rewards, except where expressly permitted under these Terms or any applicable Reward Terms.
(f) You must not access or use the Website or Rewards for any unlawful or illegal purpose.
(g) You must not interfere with any other person's access to or use of the Website or Rewards.
(h) You must not access or use another person’s Membership or Rewards, except where expressly permitted under these Terms or any applicable Reward Terms.
(i) You must not act dishonestly when accessing or using the Website or Rewards.
(j) You must not act in a rude, obscene or unprofessional manner when accessing or using the Website or Rewards.
(k) You must not access or use the Website or Rewards to defame, harass, threaten or menace anyone.
(l) You must not access or use the Website or Rewards to send spam or other unsolicited commercial messages.
(m) You must not use any automated system, software or technology (including robots, spiders, crawlers or scrapers) to extract data from the Website.
(n) You must not use the Website or Rewards in a manner that is likely to infringe the intellectual property rights of any other person, including by posting, uploading, publishing, submitting or transmitting any content without the express permission of the owner of that content.
(o) You must not tamper with or modify the Website or Rewards, or transmit any virus or other harmful code that may damage or interfere with the Website.
(p) You must not reverse engineer, decompile, disassemble or in any way try to obtain any source code for the Website.
6. Fees and payment
(a) You must pay GOATD all fees applicable to your Membership (including fees and charges for Rewards) using the payment method specified by GOATD from time to time. GOATD will publish fees on the Website or otherwise notify you about fees in advance of them being charged by GOATD. GOATD may vary fees and payment methods from time to time.
(b) You are solely responsible for any taxes, duties and like liabilities arising in relation to your Membership and the Rewards you hold.
(c) You are solely responsible for all incidental costs of accessing and using the Website and Rewards.
(d) GOATD does not offer change-of-mind refunds. To the full extent permitted by law, you must not make or pursue any set-off, deduction or change-of-mind refund claim in relation to any amounts you pay GOATD in relation to your Membership.
7. GOATD IP
(a) You acknowledge and agree that, as between GOATD and you, all intellectual property rights anywhere in the world in relation to the Website and Rewards are and shall be owned exclusively by GOATD at all times (GOATD IP).
(b) The GOATD IP includes: trade mark rights in the brands appearing on and in the Website and Rewards; copyright in all content such as images, text, video recordings, audio recordings and software on and in the Website and Rewards; rights in relation to know-how, trade secrets, data and inventions on, in and forming part of the Website and Rewards; rights to apply for and to obtain the registration and grant of any of the foregoing rights, and to apply for and to obtain renewals, divisionals and extensions, and to claim application priority dates, for such rights.
(c) Holding Membership or Rewards does not give you any ownership in or licence to the GOATD IP. You may only use the GOATD IP on a strictly limited basis as necessary for you to comply with your obligations and exercise your rights under these Terms and any applicable Reward Terms.
(d) You acknowledge and agree that, as between GOATD and you, all intellectual property rights in works derived from the GOATD IP shall be owned by GOATD at all times. While GOATD does not permit you to create derivative works, you hereby assign to GOATD all such intellectual property rights in any derivative works with effect on creation.
(e) You agree not to challenge or assist any third party to challenge the use, validity or ownership of the GOATD IP.
(f) You agree not to take any steps to apply for or assist any third party to apply for the registration or grant of any GOATD IP.
(g) You shall promptly notify GOATD if you become aware of any suspected or actual infringement of the GOATD IP by any person.
(h) If any claim is made against you that the GOATD IP, or any act in relation to the GOATD IP, infringes the intellectual property rights of any third party, you must promptly notify GOATD and assist GOATD in the defence of the claim, but you must not make any admissions or make or accept any offers in relation to the claim without GOATD’s prior written approval.
8. Privacy and data
(b) GOATD may create aggregated de-identified data sets of user activity in relation to the Website, and you agree such data sets are owned exclusively by GOATD.
9. Warranties and liability
(a) Nothing in these Terms affects any statutory warranties or guarantees which cannot be varied or excluded by contract, including any guarantees that apply in your circumstances under the Australian Consumer Law.
(b) To the full extent permitted by law, GOATD does not provide any guarantees or warranties that your access to and use of the Website or Rewards will achieve any particular outcomes, meet any performance or quality standards, be fit for any particular purpose, or be error-free or uninterrupted. GOATD provides the Website and Rewards on an “as-is” and “as-available” basis.
(c) To the full extent permitted by law, GOATD’s liability to you for supplies of goods is limited at GOATD’s option to: the replacement of the goods or the supply of equivalent goods; or the repair of the goods; or the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired.
(d) To the full extent permitted by law, GOATD’s liability to you for supplies of services is limited at GOATD’s option to: the supplying of the services again; or the payment of the cost of having the services supplied again.
(e) To the full extent permitted by law, neither party to these Terms shall be liable to the other party for any indirect, special or consequential loss or damage incurred by the other party, including liability for loss of profits and loss of business opportunity, from any cause, whether arising from breach of contract, tort, in equity or otherwise, and whether or not a party was aware of the possibility of such loss or damage.
(f) Despite any other provision of these Terms, neither party to these Terms excludes or limits liability for death or personal injury caused from its negligence.
(a) Without limiting GOATD’s cancellation rights under section 11, GOATD may suspend your Membership if you fail to comply with these Terms or any applicable Reward Terms, in which case GOATD may continue the suspension until you have rectified the non-compliance to GOATD’s reasonable satisfaction.
(b) During any suspension of your Membership, you will not be entitled to access or use the Website or Rewards.
(c) During any suspension of your Membership, all of your obligations under these Terms will continue in full force and effect.
(a) You may cancel your Membership by contacting GOATD at email@example.com
. GOATD will promptly action Membership cancellation requests.
(b) GOATD may cancel your Membership on notice to you if: you fail to comply with these Terms or any applicable Reward Terms and you do not rectify your non-compliance within 14 days of receiving a previous notice requiring you to do so; or you fail to comply with these Terms and any applicable Reward Terms in a manner that is incapable of being rectified, as reasonably determined by GOATD.
(c) Cancellation or expiry of your Membership does not prejudice any claims or rights you or GOATD have immediately prior to the cancellation or expiry taking effect.
(d) Without limiting the sections which by their nature survive cancellation or expiry, you acknowledge and agree that sections 6, 7, 8 and 9 survive cancellation or expiry of your Membership.
12. General legal terms
(a) These Terms and Reward Terms may be varied by GOATD from time to time if the variations are reasonable and not unfair and provided GOATD provides you reasonable notice prior to the variations taking effect.
(b) These Terms together with any applicable Reward Terms constitute the entire agreement, and supersede all prior agreements and understandings, between GOATD and you in respect of Membership and Rewards. Any terms not expressly included are hereby excluded, to the extent permitted by law.
(c) The invalidity of any provisions in these Terms or any Reward Terms shall not affect the validity of any other provisions.
(d) A party shall be excused from performing its obligations under these Terms (except for any obligation to pay money) to the extent due to, and for the duration of, a force majeure event that is out of its reasonable control.
(e) Nothing in these Terms or any Reward Terms constitutes or creates a relationship of joint venture, partnership, employer-employee or principal-agent between you and GOATD.
(f) A party shall at its own cost do all things (including executing all instruments) necessary or desirable to give full effect to these Terms.
(g) A waiver of a power or right under these Terms shall not be effective unless it is in writing and signed by the party giving the waiver.
(h) A notice or other communication required or permitted under these Terms shall be in writing and may be sent by email and is deemed to take effect from the date it is received unless a later date is specified in the notice or communication.
(i) Except where expressly stated otherwise in these Terms, a party may exercise any right or discretion, and withhold any approval or consent, under these Terms without being subject to any requirement to act reasonably.
(j) These Terms are governed by the laws of Victoria, Australia.
(k) The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia in relation to these Terms.
(l) In these Terms, unless the contrary intention appears: the word “including” and similar words are not words of limitation; the singular includes the plural and vice versa; a reference to a statute, regulation or provision of a statute or regulation includes a reference to any amended, re-enacted or replacement version from time to time; headings are for convenience and do not affect the construction of these Terms; a reference to a thing includes any part of that thing; a reference to a numbered section or paragraph is a reference to the corresponding numbered section or paragraph in these Terms.