Effective as of 8 August 2022. If you already have a registered account on the RX Platform, these Terms apply with effect from 1 September 2022.
These terms and conditions (these Terms) apply to all users (you or your) of the Rugby Xplorer™ websites (including https://xplorer.rugby/ and any of its subdomains), Rugby Xplorer™ web and mobile applications and related Rugby Xplorer™ tools and services (collectively, the RX Platform) and associated services.
The RX Platform is owned by Rugby Australia Ltd (Rugby AU) and is an all-in-one registration, competition management and digital content SaaS platform operated on a not-for profit basis, in Australia by Rugby AU, and in other parts of the world by Rugby Xplorer LLC (RX LLC) and Rugby AU’s other authorised related entities and affiliates (collectively, Rugby Xplorer, we, our, or us).
By accessing or using the RX Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and to the collection and use of your information as set out in these Terms and in the Rugby Xplorer™ Platform Privacy Policy, which is available here, whether or not you are also a registered user of the RX Platform.
We reserve the right to make changes or additions to these Terms and your use of the RX Platform after we make changes is deemed to be acceptance of those changes, so please check these Terms periodically for updates. These Terms apply to all visitors, users, and others who access the RX Platform (Users). If you do not agree with these Terms, please do not use the RX Platform.
Use of the RX Platform and associated services
The RX Platform is used by Rugby Bodies, Participants and Supporters of Rugby to communicate and build relationships, process payments, register for events, manage and administer competitions and teams, provide and receive certain information, education and training, and obtain associated services.
These Terms do not apply to any website, application or content (including advertising) that may link to, be embedded or hosted on, or otherwise accessible from or on the RX Platform such as a Rugby Body Website or a Rugby Body App. In this respect, may be subject to different terms of use and/or terms of service for the Rugby Body whose website, application and/or content is hosted, and which you may access, on the RX Platform. For example, the Terms of Use of Rugby AU can be found by clicking here and the Terms of Use of USA Rugby can be found by clicking here.
In these Terms, when we say:
intellectual property rights, we mean all patent rights, copyright, moral rights, rights of publicity, trademark, trade name, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any jurisdiction;
Participants, we mean players, match officials, coaching staff, administrators, volunteers and other individuals involved in playing, officiating and administering Rugby for or on behalf of a Rugby Body and who may have a registered to do so by creating an account with their Rugby Body via the Rugby Body Website or Rugby Body App;
Personal Information, we mean information that is defined as personally identifiable information under applicable law and may include Sensitive Information as outlined in Section 2 of the RX Platform Privacy Policy;
Rugby, we mean the game of rugby union including any derivatives of the game;
Rugby Body, we mean each international, regional or national Rugby governing body and each of their affiliated members (including but not limited to clubs, schools, universities, colleges, associations and other Rugby governing bodies) that use the RX Platform (including through the use of a Rugby Body Website or Rugby Body App) to administer Rugby in their relevant jurisdiction and engage with Participants and Supporters within that jurisdiction and from around the world;
Rugby Body Website or Rugby Body App, we mean the official branded website or web or mobile application of a Rugby Body hosted on the RX Platform;
Supporters, we mean visitors to, or users of, the RX Platform, a Rugby Body Website and/or Rugby Body App who are not also Participants.
Eligibility
These Terms and your use of the RX Platform forms a contract between you and Rugby Xplorer. Your use of the RX Platform confirms that you have read and agreed to these Terms before using the RX Platform or expressly waived the opportunity to do so. You may use the RX Platform only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws, rules and regulations. The RX Platform may not be used by any Users previously removed from the RX Platform by us.
Ownership of RX Platform
The content and materials (including text, images, graphics) contained within the RX Platform and all associated intellectual property rights are either owned by or licensed to us. In addition, we own all intellectual property rights in the user interfaces for such content and materials appearing on the RX Platform, and in the selection, coordination, arrangement, and enhancement of such content and materials.
You may not modify, reproduce, publish, transmit, participate in the transfer or sale, create derivative works, use for commercial purposes, or in any way exploit, any part of the RX Platform, in whole or in part except as provided in these Terms. In addition, you may not copy, compile, reproduce, modify or distribute any of the content on the RX Platform for any reason without our prior written consent or that of the relevant copyright owner which may include our licensors, or a Rugby Body and/or their licensors.
Except as otherwise expressly permitted under applicable copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without our prior written consent and (where applicable) the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, you must not make any changes in or delete any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Modification or other unauthorised use of any materials displayed on the RX Platform may be a violation of our copyright and other proprietary rights and may also violate the rights of various other parties and/or applicable laws. Without limiting or waiving any of the available remedies to us, you agree that you will promptly remove any infringing or otherwise objectionable materials from any platform or service if we or anyone authorised by us requests that you do so, and that you will maintain the ability to remove such content from any platform or service on which you cause it to be placed or with which you cause it to be affiliated.
Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the RX Platform:
if you are a Supporter or a Participant, for your personal, non-commercial use only and as permitted by the features of the RX Platform and in accordance with applicable law.
if you are a Representative (as defined below), for the purposes for which you have been granted access by a Rugby Body with whom you are registered, work or volunteer;
if you are a Rugby Body, for your own commercial purposes to facilitate the administration and management of Rugby in your jurisdiction.
We reserve all rights not expressly granted herein in the RX Platform and the Rugby Xplorer Content (as defined below). We may terminate your license at any time for any reason or no reason or withdraw from providing the RX Platform entirely or any component of the RX Platform at any time.
Rugby Xplorer™ Accounts
Your Rugby Xplorer™ account gives you access to the some of the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you are a Participant who is an administrator, coach, employee, agent or representative of a Rugby Body (Representative), you agree that you will only open a Rugby Xplorer account on behalf of such Rugby Body, and (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorised representative of the Rugby Body with the authority to bind them to these Terms, and that you agree to these Terms on the Rugby Body’s behalf.
In the event an authorised Representative leaves the Rugby Body for which they created a Rugby Xplorer™ account, the Rugby Body will have thirty (30) days to transfer ownership and control of such account, including any data or User Content (as defined below) that has previously been created or uploaded by such User.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorised use of your account. We will not be liable for any losses caused by any unauthorised use of your account.
You may control your User profile and how you interact with the RX Platform by changing the settings on your settings or profile page. By providing us your email address or mobile number, you consent to us using that information for the purposes of any communications we have with you in connection with the RX Platform and associated services, including any notices required by applicable law, in lieu of communication by post or other means. We may also use your contact details to send you other messages, such as changes to features of the RX Platform and special offers, subject applicable law. If you do not want to receive such messages, you may opt out from receiving those communications, however you will not be able to opt-out of service-related messages. Please refer to the RX Platform Privacy Policy for further details.
RX Platform Rules
You must only use the RX Platform for lawful purposes. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the RX Platform in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the RX Platform in a manner that sends more request messages to the RX Platform servers than a human can reasonably produce in the same period of time by using a conventional web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from the RX Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the RX Platform; (v) taking any action that imposes, or may impose an unreasonable or disproportionately large (as determined by us in our sole discretion) load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the RX Platform; (vii) collecting or harvesting any Personal Information, including account names, from the RX Platform; (viii) using the RX Platform for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity including any Rugby Body, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the RX Platform or restricting or inhibiting any other user from using and enjoying the RX Platform; (xi) accessing any content on the RX Platform through any technology or means other than those means or methods provided or authorised by the RX Platform; or (xii) bypassing the measures we may use to prevent or restrict access to the RX Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the RX Platform or the content on the RX Platform.
If you are a Participant or a Representative, you agree to be fully informed of and abide by all applicable law, rules and regulations of any agency, organisation, conference or governing body, and any other authority that governs or regulates your participation in Rugby and the Rugby competitions in which you participate (Governing Authority). This may include World Rugby, other Rugby governing bodies, and the respective Olympics or Commonwealth Games governing bodies in your jurisdiction. Violation of any such applicable laws, rules and regulations may be grounds for suspension and/or termination of the RX Platform. You agree to indemnify and hold us harmless from any liability that may arise from your non-compliance with applicable laws, rules and regulations.
We may, without prior notice, change the RX Platform, or stop providing the RX Platform or features of the RX Platform, to you or to Users generally, or create usage limits for the RX Platform. We may permanently or temporarily terminate or suspend your access to the RX Platform without notice and liability for any reason, including if in our sole determination you do not comply with any of these Terms, or for no specific reason. You continue to be bound by these Terms during any suspension or after termination of your account.
You are solely responsible for your interactions with other Users on the RX Platform. We reserve the right, but have no obligation, to monitor the RX Platform or any difference of opinion, disagreement or dispute between you and other Users. You are solely responsible for, and we will not have any liability for, your interactions with other Users, or for any User’s action or inaction.
Our Proprietary Rights
Except for your User Content (as defined below), the RX Platform and all materials within it or transferred on it, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (Rugby Xplorer Content), and all intellectual property rights related to it, are, as between us, the exclusive property of Rugby Xplorer and its licensors (including other Users who provide User Content to the RX Platform). Except as expressly provided in these Terms, nothing in these Terms should be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Rugby Xplorer Content. Use of the Rugby Xplorer Content for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the RX Platform, including without limitation about how to improve the RX Platform or our products. By doing so, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use your submission without any additional compensation to you, and/or to disclose the submission on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by its employees, or obtained from sources other than you.
Rugby Xplorer Property
The RX Platform contains data, information, and other content not owned by you, such as reputational or status indicators and/or fictional property representing virtual achievements (for instance, trophies, points, or powers) (Rugby Xplorer Property). You understand and agree that regardless of terminology used, Rugby Xplorer Property represents a limited license right governed solely by these Terms and available for distribution at our sole discretion. Rugby Xplorer Property is not redeemable for any sum of money or monetary value from us at any time. You acknowledge that you do not own the account you use to access the RX Platform, nor do you possess any rights of access or rights to data stored by or on our behalf on the RX Platform servers, including without limitation any data representing or embodying any or all of your Rugby Xplorer Property. You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate Rugby Xplorer Property as it sees fit in its sole discretion, in any general or specific case, and that we have no liability to you based on its exercise of such right. All data on the servers of the RX Platform are subject to deletion, alteration or transfer.
We may make available software (and associated upgrades) to access the RX Platform via a mobile device (Mobile Software). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. We do not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your service provider for these services. You agree that you are solely responsible for any such charges.
We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software on mobile devices owned or leased solely by you, for your own use in accordance with these Terms. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by applicable law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software.
Trademarks
The RX Platform displays numerous trademarks owned by Rugby Xplorer, Rugby Bodies and their sponsors and other third parties from around the world. You may not use any of the trademarks appearing on the RX Platform without the express written permission of Rugby Xplorer or the relevant trademark owner.
Votes, Contests, Drawings and Sweepstakes
From time to time, we may (but are not required to) offer you opportunities to vote in connection with certain events or enter contests, drawings or sweepstakes conducted on the RX Platform. By casting a vote or entering contests, drawings or sweepstakes, you accept all additional or special terms outlined in connection with the balloting, contest, drawing or sweepstakes, as well as these Terms.
Third Party Links
The RX Platform contains links to third party websites. These links are provided for convenience only and we are not responsible for the content appearing on such third-party websites.
If you access a third-party website or service from the RX Platform or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that neither these Terms nor the RX Platform Privacy Policy applies to your use of such third-party sites.
You expressly release Rugby Xplorer from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the RX Platform, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Rugby Xplorer is not responsible for any loss or damage relating to your dealings with such advertisers.
Rugby Xplorer welcomes the use of Rugby Xplorer’s logo, as may be updated from time to time, on third party websites as a link from those sites to the Rugby Xplorer™ website, subject to Rugby Xplorer's prior written consent at all times.
User Content
Some areas of the RX Platform allow Users to post or provide content such as profile information, videos, images, files, comments, questions, and other content or information (any such materials a User provides, submits, posts, displays, or otherwise makes available on the RX Platform is referred to as User Content). We claim no copyright interest in any User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the RX Platform, you agree to allow us and others to access, view, edit, and/or share your User Content in accordance with your settings and these Terms. We have the right (but not the obligation) in our sole discretion at any time to remove any User Content that is shared via the RX Platform.
You agree not to provide User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for Personal Information or otherwise; (iv) may constitute or contribute to a crime or illegal activity; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially, ethnically or socially offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is infringing or illegal; (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is inaccurate or out-of-date; (ix) violates any Governing Authority’s or other entity’s applicable policy, including those policies related to integrity, ethics or recruiting; or (x) contains material that is irrelevant to the use of the RX Platform.
You agree and confirm that any User Content that you post does not and will not infringe third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all applicable copyright, including without limitation the performance, mechanical, synchronisation and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the authority to grant the license granted below. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose Personal Information of anyone who submits materials that do not comply with these Terms, in accordance with RX Platform Privacy Policy.
We also reserve the right, but are not obliged, to reject and/or remove any User Content, including, without limitation, any User Content that we believe, in our sole discretion, do not comply with any of these provisions, any User Content that we believe was obtained without proper consent, as warranted by you below, or in response to a request by another User or third party or parent or guardian of another User or third party. You understand that publishing your User Content on the RX Platform is not a substitute for registering it with a rights organisation.
In connection with your User Content, you represent and warrant that:
you have obtained all necessary consents from persons appearing in the User Content, if any, to use such person’s name, information or likeness in the manner contemplated by the RX Platform and these Terms, and each such person has released you from any liability that may arise in relation to such use.
you have obtained and are solely responsible for obtaining all consents as may be required by applicable law to provide any User Content relating to third parties.
your User Content and the use of it on the RX Platform and other Users as contemplated by these Terms will not infringe any law or any rights of any third party, including but not limited to any intellectual property rights and privacy rights.
we may exercise the rights to your User Content granted under these Terms without liability for payment of any residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
to the best of your knowledge, all User Content and other information that you provide to us is true and accurate.
We take no responsibility and assume no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the RX Platform. You are solely responsible for your User Content and the consequences of providing it, publishing it, sharing it, or otherwise making it available on the RX Platform. You acknowledge that Rugby Xplorer is a distributor (and not a publisher) of User Content supplied by third parties and other Users or otherwise appearing on a Rugby Body Website or Rugby Body App. Any opinions, advice, statements, services, offers, or other information or content expressed or made available on a Rugby Body Website or a Rugby Body App, or any other User of the RX Platforms, are those of the respective author(s) or publisher(s) and not of Rugby Xplorer. Neither Rugby Xplorer nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. You understand and agree that you may be exposed to User Content that is inaccurate, inappropriate or otherwise unsuited to your purpose, and you agree that we are not liable for any damages you incur (or may incur) as a result of or relating to any User Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the RX Platform. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through the RX Platform.
User Content & User Data License
User Content License. By providing or otherwise making available any User Content on or through the RX Platform, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the RX Platform, any Rugby Body Website and/or any Rugby Body App, including without limitation for promoting and redistributing part or all of the RX Platform, any Rugby Body Website and/or any Rugby Body App (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the RX Platform a non-exclusive license to access your User Content through the RX Platform, any Rugby Body Website and/or any Rugby Body App, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the RX Platform, any Rugby Body Website and/or any Rugby Body App and under these Terms.
User Data License. Certain aspects of the RX Platform allow Users to provide us with data or access to other data sources (whether online or otherwise) (User Data). By submitting such User Data, or providing us with access to such User Data, you expressly grant, and you represent and warrant that you have all rights necessary to grant, all right and licenses to the User Data required for us, our affiliates, our partners and our subcontractors and service providers to use the User Data and to provide the RX Platform for the purposes outlined in the RX Platform Privacy Policy. You acknowledge and agree that, subject to applicable laws, we may collect, analyse and use User Data, including data that has been anonymised, aggregated or derived from User Data or tagged with a hashed or masked identifier, as well as data about your access and use of the RX Platform, for the purpose of providing, operating, analysing, and improving the RX Platform or offering or enabling other services.
In connection with User Data, as of the date you accepted these Terms and thereafter, you represent, warrant and agree that:
you have obtained such User Data lawfully, and such User Data does not and will not infringe any applicable laws or a third party’s proprietary or intellectual property rights;
you shall not provide any User Data or content that contains any Personal Information collected from children under 13 and, except in designated areas of the RX Platform which permit the receipt of such data elements, sensitive Information as described in the RX Platform Privacy Policy. Such data may not be submitted or stored on the RX Platform without our explicit consent, and we reserve the right to delete or anonymise such data if discovered or stored in an unauthorised location within the RX Platform or to tag such data with hashed or masked identifier;
you are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to User Data that you share with us under these Terms;
we may exercise the rights to User Data provided by you under these Terms without liability or cost to any third party; and
User Data provided by you complies with these Terms.
Your Conduct
As a condition of your use of the RX Platform, you warrant to us that you will not use the RX Platform for any purpose that is unlawful, inappropriate or otherwise contrary to these Terms. In particular, you must not:
use the RX Platform for any activities, or submit via the RX Platform any information or materials, which breach any applicable laws, rules or regulations or infringe a third party's intellectual property rights or rights of privacy;
publish, distribute or disseminate on the RX Platform any material which is unlawful, obscene, defamatory, indecent, offensive, threatening, inappropriate or racially, ethnically or otherwise objectionable;
promote any unsolicited advertising, promotions, materials, surveys, contests or unauthorised services via the RX Platform;
impersonate any person or entity;
upload or post files or material that contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any RX Platform infrastructure including software or hardware; or
undertake any conduct that infringes any of our policies or, in our sole discretion, restricts or inhibits any other User from using or enjoying the RX Platform.
IP infringement notices
If you believe that your copyright material or other intellectual property has been used in a way that constitutes an infringement of your intellectual property rights and is accessible via the RX Platform, please notify us as soon as possible and provide the following information in writing:
An electronic or physical signature of a person authorised to act on behalf of the intellectual property owner;
Identification of the content or material that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the RX Platform;
Information reasonably sufficient to allow us to contact you, such as your address, mobile number and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the intellectual property owner, its agent, or applicable law; and
A statement that the above information is accurate, and that you are the intellectual property owner or are authorised to act on behalf of the owner.
The above information must be submitted to:
Attn: Legal Department
Email: support@xplorer.rugby
Please note that this procedure is exclusively for notifying us that your copyright material or other intellectual property has been infringed. The preceding requirements are intended to comply with our rights and obligations under applicable copyright law including the Digital Millennium Copyright Act of 1998 (DMCA), but do not constitute legal advice. It may be advisable to contact your legal adviser regarding your rights and obligations under the DMCA and other applicable intellectual property laws.
In accordance with applicable law including the DMCA, we have adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the RX Platform and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Indemnification
You agree to defend and indemnify and hold us harmless Rugby Xplorer and our agents, licensors and partners, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the RX Platform, including any data or content transmitted or received by you; (ii) your violation of any of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) any infringement of any third-party right, including without limitation any right of privacy or intellectual property rights arising from any act or omission by you; (iv) your infringement of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your wilful misconduct; or (vii) any other party’s access and use of the RX Platform with your unique username, password or other appropriate security code.
No Warranty
Rugby Xplorer provides the RX Platform on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by applicable law, the RX Platform is provided without warranties of any kind, whether express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from us or through the RX Platform will create any warranty not expressly stated in these Terms. Without limiting the foregoing, Rugby Xplorer, its affiliates and its licensors do not warrant that the content is accurate, reliable or correct; that the RX Platform will meet your requirements; that the RX Platform will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the RX Platform is free of viruses or other harmful components. any content downloaded or otherwise obtained through the use of the RX Platform is downloaded at your own risk and you will be solely responsible for any damage to your device or loss of data that results from such download or your use of the RX Platform.
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the RX Platform. The RX Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the RX Platform may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of our control, access to the RX Platform may be interrupted, suspended or terminated from time to time. In particular, and without limitation to the foregoing, we will not be liable in any way for any delay in responding to an inquiry from you or the effects any delay or unavailability may have on you. You agree that we are not liable for any damages arising from any such interruption, suspension or termination of the RX Platform and that you must put in place contingency plans to account for such periodic interruptions or suspensions of the service.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the RX Platform or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Disclaimer
While we aim to provide accurate and truthful information at all times, we make no warranties or guarantees with respect to the accuracy, suitability, reliability or timeliness of the information, software, products or services included in or available through the RX Platform. Any information or advice obtained from the RX Platform should not be relied upon for any purpose and you should consult an appropriate professional for specific and personalised advice. All content on the RX Platform, as well as these Terms, are subject to change and may be updated by us at any time in our sole discretion. To the full extent permitted by law, in no event will Rugby Xplorer, its agents or suppliers be liable for any direct, indirect, punitive, special or consequential damages whatsoever arising from or in any way connected with the use of the RX Platform.
Limitation Of Liability
To the maximum extent permitted by applicable law, in no event will Rugby Xplorer, its agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the RX Platform. Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the RX Platform or your account or the information contained therein.
To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the RX Platform; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the RX Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the RX Platform by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the RX Platform; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event will Rugby Xplorer, its agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, damages, losses or costs in an amount exceeding the amount you paid to us hereunder or AUD$100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms gives you specific legal rights, and you may also have other rights which vary between jurisdictions. The disclaimers, exclusions, and limitations of liability under these Terms do not apply to the extent prohibited by applicable law.
General
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures. We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via electronic communication methods, or through posting of such notice on the RX Platform, as determined by us in our sole discretion.
Updates to these Terms. We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we update these Terms in a material manner, we will update the effective date at the top of these Terms. Your continued use of the RX Platform after any such update constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any revised Terms of Use, do not use or access (or continue to access) the RX Platform.
Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the RX Platform, constitute the entire agreement between us. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision does not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
No Waiver. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.
Contact Us. Please contact us at support@xplorer.rugby with any questions regarding these Terms.
Governing Law. These Terms are governed by the laws of New South Wales, Australia, and you agree to submit to the exclusive jurisdiction of New South Wales courts in resolving any issues or disputes arising under these Terms.