Terms of Service

Little Athletics National Learning Management Platform Terms and Conditions

Thank you for visiting our Platform. The Little Athletics National Learning Management Platform (including as accessed through our website, and any related services) (Platform) is operated by Little Athletics Australia Limited (LAA). (www.littleathleticselearning.com.au)

By accessing and/or using this Platform, including registering and activating an account on our Platform, you agree to enter into these terms and conditions (Terms) with LAA. If you are an organisational user, you also confirm that you have the power and authority to enter into on behalf of, and to bind, the organisation whose account you use to access and/or use the Platform.

LAA also has a privacy policy that sets out how those organisations collect, use, disclose and handle personal information. Links to this privacy policy can be found in Annexure A to these Terms.

You should review LAA’s privacy policy, and these Terms carefully, and immediately cease using our Platform if you do not agree to these Terms.

In these Terms:

• ‘Affiliated MA’ means the MA affiliated with, where applicable, your Chosen Centre / Club / organisation;
• ‘Chosen Centre / Club’ means the Little Athletics centre / club you, as an individual user, have chosen during the registration process; and
• ‘Us’, ‘we’ and ‘our’ means LAA and your Affiliated MA.

1. Use of our Platform

We grant you a non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for the following purposes:

1. if you are an individual user, for the purposes of eLearning, programs or other initiatives made available on our Platform; or
2. if you are an organisational user, for the purposes of eLearning for your organisation and their participation in eLearning, programs and other initiatives, (Authorised Purposes).

You must not access or use the Platform for any other purpose other than the Authorised Purposes without our prior written consent. 

2. Registration and accounts

You must hold an individual or organisation account to access certain parts of our Platform.

2.1 Individual User Accounts

You must not create an account on behalf of another person unless you are creating an account on behalf of a child to which you are their parent or other legal guardian.

To have an account, you must:

1. be at least14 years of age at the date of creating an account;
2. possess the legal right and ability to enter into a legally binding agreement with us; and
3. agree to use the Platform in accordance with these Terms.

If you are under the age of 14 years at the date of creating an account, you are not permitted to create an account on our Platform.

2.2 Organisational User Accounts

To have an account, you must:

1. be acting on behalf of an organisation that is affiliated with an MA, or with a centre / club that is affiliated with an MA (as applicable), and is or intends to become a member of the centre / club, MA and/or LAA (as applicable);  
2. possess the right and ability to enter into a legally binding agreement with us on behalf of your organisation; and
3. agree to only use the Platform in accordance with these Terms.

2.3 Protecting your account

When you have an account, you can choose, and at any time, change, your username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this account. You must not disclose your password to any other third party. You must notify us immediately upon becoming aware of any unauthorised access to, or use of, your account.

2.4 Collection of personal information

When you access and use your account, you will provide us with information, which includes personal information about you and in some circumstances, other persons (e.g., when creating an account on behalf of a child or providing information concerning other employees or representatives of your organisation), such as your name and email address. You must ensure that this information is, and remains, accurate and current.

We collect this personal information in order to provide you with use of our Platform and deliver our products and/or services to you, and for other purposes stated in our collection notice, and will handle all personal information we collect in accordance with our Privacy Policy. This collection notice sets out further information about how we collect and handle personal information in connection with our Platform.

2.5 Communicating with you

When you first access your account or manage your account settings, you may have provided your consent to us sending you (and in certain cases, another person) (including by email and SMS) marketing materials, information about our products and services, news and promotional offers from us, your Chosen Centre / Club or our third party partners.

If you no longer wish to receive marketing communications from us, then you can opt-out of receiving such communications by navigating to your users profile > Communication Preferences > Update

3. Accuracy, completeness and timeliness of information

We use all reasonable attempts to but cannot guarantee constant availability of our Platform. Likewise, we cannot guarantee the accuracy of content or that information on the Platform is the very latest information out there. The Platform is a collaborative tool, and in some cases, relies on information provided by third parties.

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our Platform or the Content (defined below in clause 6) contained on the Platform, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that our Platform will be secure.

We are not liable to you or anyone else if errors occur in the information on the Platform or if that information is not up-to-date.

4. Linked sites and resources

Our Platform may contain links to websites and resources operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

5. Privacy and security

You must, in respect of any personal information provided, or otherwise made available, to you in connection with the Platform (Personal Information):

1. comply with all laws relating to Personal Information (including the Privacy Act 1988 (Cth), Spam Act 2003 (Cth) and Do Not Call Register Act 2006 (Cth)) (Privacy Laws), in each case as though you were an entity bound by those laws, whether or not such Privacy Laws would ordinarily apply to you;
2. in respect of any individual whose personal information you have shared with us:
   1. notify them that you have provided their personal information to us;
   2. obtain their consent to our use, disclosure and handling of their personal information in accordance with these Terms;

3. only use or collect Personal Information for the Authorised Purposes;
4. store any Personal Information that you extract, copy or download from the Platform in a secure location and protect it from unauthorised access or disclosure;
5. treat Personal Information as Confidential Information (as defined in clause 10 below);
6. notify us immediately of:
   1. any complaint received from any person alleging a breach of the Privacy Laws with respect to the Personal Information;
   2. any request received from an individual for access to or correction of Personal Information prior to providing access to that individual; or
   3. any misuse of, interference with or loss of, or unauthorised access to, modification of or disclosure of, Personal Information you become aware of or suspect has occurred (Data Breach),and cooperate with us to resolve any such complaint, request or Data Breach.

6. Intellectual property rights

6.1 Our Content

Unless otherwise indicated, we own or license from third parties all right, title and interest (including all copyright, design rights, patent rights, trade mark rights and other intellectual property rights) in and to our Platform and all of the material (including all text, graphics, logos, audio and software) made available on our Platform (Content).

Your use of our Platform and use of, and access to, any Content does not grant or transfer any right, title or interest to you in relation to our Platform or the Content. However we do grant you a licence to view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors in writing.

Any reproduction or redistribution of our Platform or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.

All other use, copying or reproduction of this Platform, the Content or any part of it is prohibited, except to the extent permitted by law.

6.2 User-provided content

You represent and warrant to us that:

1. any information you provide, or otherwise make available, to us was lawfully collected and will be lawfully provided or made available to us;
2. you have obtained and maintained all consents from the individuals to whom the information relates which are necessary for us to access and/or handle that information in accordance with these Terms; and
3. you have provided all necessary notifications to individuals which are required under all applicable laws, including Privacy Laws.

You may, from time to time, provide us with ideas, know-how, methodologies, comments, suggestions or other subject matter relating to the Platform and our products and services (Feedback). If you do:

4. all right, title and interest (including intellectual property rights) in and to the Feedback, and anything created as a result of that Feedback (including new material, enhancements, modifications or derivative works) vest in, and are owned solely by, LAA, and you hereby assign such right, title and interest to LAA, and agree to do all things necessary or desirable (including executing agreements or documents) to give effect to such assignment; a
5. to the extent that it is not legally possible to assign any right, title and interest in and to the Feedback in accordance with paragraph 7.2(d), you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable (through multiple tiers) licence to use and disclose the Feedback for any purpose.

To enable us to use any information, data or images you provide us or upload to the Platform other than Feedback (User Content), so that we are not violating any rights you might have in that User Content (including any intellectual property rights), you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable (through multiple tiers) right to use, reproduce, adapt, modify, perform, distribute, communicate and exploit the User Content, to make the Platform available to users and for other purposes stated in our collection notice. This includes reproducing and communicating User Content for the purpose of publishing and sharing results of events associated with LAA or an MA (without your consent), sharing User Content with third party media organisations (with your consent), conducting data analytics using data you provide and/or aggregated information on an aggregated and/or de-identified basis, and sharing those data analytics with third parties, including other MAs and government and regulatory authorities.

7. No commercial use

Except as otherwise specified in these Terms, the Platform is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within the Platform.

You may not use our Platform or any of the Content to further any commercial purpose, including any advertising or revenue generation activity on your own website or other platforms, except for, if you are an organisational user, the Authorised Purposes, or with our express written consent.

8. No endorsement

You agree that nothing in these Terms shall be construed by you as an endorsement of you, or your organisation, by us and you agree not to directly or indirectly infer in or from your use of the Platform any such endorsement or support by us.

9. Acceptable use

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any applicable laws, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights (such as intellectual property rights) of individuals or of us;
• using the Platform to defame or libel us, our employees or other individuals;
• impersonating any other person or entity;
• using the Platform to transmit any spam, chain mail or junk mail;
• uploading files that contain viruses or any other material that may cause damage to our property or the property of other individuals;
• use any data mining, gathering or extraction tools when using the Platform;
• use any device, software or other process to interfere or attempt to interfere with the proper operation of the Platform;
• undertake any conduct that restricts or inhibits any other user from using or enjoying the Platform; and
• publishing or transmitting to the Platform any unauthorised material including, but not limited to, material that is, in our reasonable opinion, likely to cause annoyance or offence, or which is misleading, deceptive, defamatory, racist, obscene, threatening, pornographic, indecent, unlawful or which is detrimental to our systems or a third party’s systems or network security.

If we allow you, as an organisational user, to post or upload any information to our Platform, we have the right to take down this information without notice if we consider, acting reasonably, that that information breaches these Terms.

Organisational users must not disclose any Content or any information of a confidential nature communicated by us, a user of the Platform or otherwise learnt, accessed or generated by you as a result of entering into these Terms or using the Platform or Content (Confidential Information) except to your personnel who have a need to know. You must hold the Confidential Information in strict confidence and employ all reasonable steps to protect the Confidential Information from unauthorised or inadvertent disclosure, including without limitation all steps you take to protect your own information that you consider proprietary and/or confidential. You must promptly notify us of any actual or suspected unauthorised disclosure of Confidential Information.

10. Suspension and termination

We may, acting reasonably, restrict, suspend or terminate your access to our Platform (including your account), any Content, or any feature of our Platform at any time, provided that we provide you with reasonable notice of such restriction, suspension or termination, where practicable. We will not be responsible for any loss, cost, damage or liability that may arise as a result, except to the extent the loss, cost, damage or liability is caused by our negligence, wilful misconduct or fraud.

11. Warranties and indemnity

You represent and warrant that:

1. you own or have a licence to grant the rights set out in these Terms; and
2. you have full power and autonomy to enter into and perform your obligation under these Terms which, once an account is opened, will constitute binding obligations on you in accordance with these Terms; and
3. with respect to the Feedback and User Content:
   1. but for the assignment in clause 6.2(d), you would be the sole legal and beneficial owner of all right, title and interest in and to the Feedback; and
   2. you will not, in providing or uploading the Feedback and User Content, infringe the intellectual property rights or moral rights of any person; and
   3. we will not, in exercising our rights under clause 6.2 with respect to the Feedback and User Content, infringe the intellectual property rights or moral rights of any person or be required to pay any monies to any person (whether by way of royalties, licence fees, damages or otherwise).

You must at all times indemnify and hold harmless and release us against any loss, liability, demand, claim, action or expense (however arising and whether present or future, fixed or unascertained, actual or contingent) incurred or suffered by us  relating to or arising from:

1. your (or your personnel’s)breach of your obligations under these Terms;
2. any warranty under this clause 12 being or becoming untrue, inaccurate or incorrect in any way;
3. any breach of, or failure to comply with, applicable law by you or your personnel;
4. any wilful, unlawful, fraudulent or negligent act or omission by you or your personnel;
5. any damage to, or loss of, any real or personal property or death or injury to us or any of our other member associations to the extent caused by your (or your personnel’s) negligent or wilful acts or omissions;
6. your use of the Platform or Content, except to the extent the loss is attributable to the conduct of us; and
7. any infringement or misappropriation of intellectual property rights in connection with the Platform or Content by you or your personnel, except to the extent caused by an act or omission of us.

12. Liability

To the maximum extent permitted by applicable laws, including the Australian Consumer Law, the Platform and Content are provided “as is” without warranty or guarantee of any kind, and we will not be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Platform and/or the information or materials contained on it (including the Content), or as a result of the inaccessibility of our Platform and/or the fact that certain information or materials contained on them are incorrect, incomplete or not up-to-date, except to the extent the loss, damage or expense is caused by our negligence, wilful misconduct or fraud.

We are not liable to you or anyone else if interference with, or damage to, your computer systems occurs in connection with the use of our Platform. You must take your own precautions to ensure that your use of our Platform is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

When you, as an individual user, make a payment for an event, program or other initiative through the Platform, you are entitled to certain guarantees under the Australian Consumer Law. These Terms cannot exclude, restrict or modify these guarantees, and such guarantees will prevail to the extent of a conflict between these Terms and the guarantees provided under the Australian Consumer Law.

Our liability for a breach of any such guarantee is limited, at our option, to one or more of the following:

1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.

13. Jurisdiction and governing law

Your use of our Platform and these Terms are governed by the law of the State or Territory in which your Affiliated MA is located and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State or Territory (as applicable). 

14. Updates

We may (at our sole discretion) make changes to any or all of these Terms from time to time, provided we will seek to provide you with reasonable notice of such changes, where practicable. Any such amendment will be effective immediately upon posting on our Platform, but will not apply to any purchase already made via our Platform.

You should check these Terms regularly for such changes and you are entitled to delete your account (including your access to certain parts of the Platform) through your account settings on the Platform at any time (see clause 11 for further details).

Your continued use of our Platform will be an agreement by you to be bound by these Terms, as amended.

15. General

• Your account and any licences provided under these Terms are personal to you or your organisation, and you may not transfer, assign or sub-contract or sub-licence or otherwise dispose of any of your interests, rights or obligations under these Terms without our prior written consent. We may transfer, assign or sub-contract or sub-license or otherwise dispose of any of our interests, rights or obligations under these Terms without your consent.
• If we are partially or wholly precluded from complying with our obligations under these Terms by any event, matter or circumstances that is beyond our reasonable control, then our obligation to perform will be suspended for the duration of the delay arising out of that event, matter or circumstances and we will not be liable for failure to perform our obligations.
• Nothing in these Terms or any circumstances associated with it or its performance give rise to any employer and employee relationship, agency, partnership, joint venture, or any other form of association between the parties in which one party may be liable for the acts or omissions of any other party, and you have no right to assume or create any obligations of any kind, express or implied, in the name of or on behalf of us.
• These Terms constitute the entire agreement between us relating to the subject matter of these Terms and supersedes and cancels any previous agreement, understanding or arrangement whether written or oral.
• If any part or provision of these Terms are invalid, unenforceable or in conflict with the law, the invalid or unenforceable part or provision will be replaced with a provision which, as far as possible, accomplishes the original purpose of the part or provision. The remainder of these Terms will be binding on the parties.  

Little Athletics Australia Limited (LAA)

Privacy Officer admin@littleathletics.com.au Or Ground Floor Athletics House 31 Aughtie Drive Albert park VIC 3206

https://www.littleathletics.com.au/wp-content/uploads/2024/08/LAA-Policy-Privacy-Policy-2020-Update.pdf

Little Athletics National Learning Management Platform Privacy Policy

LAA collects and handles personal information in accordance with their own privacy policy. Those privacy policies explain: (i) how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint.

If you would like any further information about our privacy policies or practices, you can get in touch with us in accordance with our privacy policy.

Privacy Policy:

LAA: https://www.littleathletics.com.au/wp-content/uploads/2024/08/LAA-Policy-Privacy-Policy-2020-Update.pdf  

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