Terms of Use
Pitch Up ABN 96 673 462 185
Victoria, Australia
Last Updated: 24 June 2024
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NSW Hire Agreement - click to view
VIC Hire Agreement - click to view
SA Hire Agreement - click to view
TAS Hire Agreement - click to view
WA Hire Agreement - click to view
QLD Hire Agreement - click to view
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PitchUp Sports Booking Platform - Terms and Conditions
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1. General Terms
1.1 Agreement Overview
This agreement ("Terms") applies to your use of PitchUp’s website, mobile applications, and services (collectively, "Platform"). By accessing or using our Platform, you acknowledge that you have read, understood, and agreed to comply with these Terms. If you do not agree to these Terms, do not use our services.
1.2 Additional Agreements
These Terms supplement our Privacy Policy, which governs the personal data we collect and how it is processed. By using our Platform, you consent to our Privacy Policy. In addition, specific venue terms may apply depending on the state or venue you book through our Platform.
1.3 Changes to the Terms
PitchUp reserves the right to modify these Terms at any time. Updates will be posted on the Platform, and by continuing to use the Platform, you agree to the revised Terms.
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2. Platform Use
2.1 Personal Use
You may use the Platform for personal purposes only. Commercial exploitation, including copying or selling any content on the Platform, is prohibited unless expressly permitted by us in writing.
2.2 Lawful Use
Your use of the Platform must comply with applicable local, state, and federal laws. Activities that involve harmful content (e.g., viruses), unlawful purposes, or harm to minors are strictly prohibited.
2.3 Account Responsibility
You are responsible for maintaining the confidentiality of your account details and any activities under your account. You must notify us immediately if you suspect unauthorized access to your account.
3. Booking and Payment
3.1 Booking Confirmation
Bookings are confirmed upon payment of the applicable fees. PitchUp acts as an agent for the venue and does not own or operate any facility. The agreement for the booking is between you and the venue.
3.2 Pricing and Payment
All prices listed on the Platform are subject to change and may include applicable taxes, including GST. Payment must be made at the time of booking via our approved methods.
3.3 Security Deposit
Certain venues may require a refundable security deposit. If damage occurs during your booking, the deposit may be retained to cover the costs. The security deposit will be refunded if no such damages are incurred.
4. Facility Use and Prohibited Activities
4.1 Permitted Use
You must use the booked facility only for the purpose stated in the booking confirmation. Unauthorized commercial activities, subletting, or unlawful purposes are prohibited.
4.2 Prohibited Activities
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Smoking is prohibited in all facilities.
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No hazardous, illegal, or nuisance activities are allowed on the premises.
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Unauthorized use of equipment or areas not specified in the booking is prohibited.
4.3 Care of Facilities
You are responsible for leaving the facility in the same condition as you found it. This includes cleaning up any rubbish and ensuring that no damage has occurred. Failure to comply may result in additional charges or the withholding of the security deposit.
5. Cancellations and Refunds
5.1 User Cancellations
You may cancel your booking by providing at least 7 days' notice. If you cancel less than 7 days before the booking, refunds will be at the venue's discretion, unless the venue can rebook the time slot.
5.2 Venue Cancellations
The venue may cancel your booking due to emergencies, maintenance, or unforeseen circumstances. In such cases, a full refund will be provided.
5.3 Force Majeure
Neither PitchUp nor the venue is responsible for cancellations or interruptions due to natural disasters, pandemics, or other events beyond our control.
6. Insurance and Liability
6.1 Public Liability Insurance
You must maintain public liability insurance with coverage of at least $20 million, unless exempt under specific conditions (e.g., small not-for-profit groups). Proof of insurance may be required.
6.2 Liability for Injuries and Accidents
You agree that the use of the facilities is at your own risk. Any accidents or injuries that occur must be reported to the venue immediately. Neither PitchUp nor the venue accepts liability for personal injuries or property damage, except as required by law.
6.3 Indemnity
You agree to indemnify and hold harmless PitchUp and the venue from any claims, liabilities, damages, or costs arising from your use of the facilities, except in cases of negligence by the venue.
7. Child Safety and Protection
7.1 Compliance with Child Protection Laws
If your booking involves minors, you must comply with state-based child protection laws, including the Child Protection (Working with Children) Act 2012 (NSW), Working with Children Act 2005 (VIC), and Children and Young People (Safety) Act 2017 (SA).
7.2 Working with Children Checks
All personnel involved in activities with minors must have valid Working with Children Checks, and proof must be provided upon request.
8. Intellectual Property
8.1 Ownership of Content
PitchUp owns all intellectual property on the Platform. You may not reproduce, copy, or distribute any part of the Platform without our prior consent.
8.2 User-Generated Content
Any content you submit to the Platform is considered non-confidential, and by submitting content, you grant PitchUp a non-exclusive, royalty-free license to use, modify, and distribute such content.
9. Termination of Agreement
9.1 Termination by User
You may terminate your booking by providing written notice. Refunds will be granted according to our cancellation policy.
9.2 Termination by PitchUp or Venue
PitchUp or the venue reserves the right to terminate your booking due to violations of these Terms or safety concerns. No refund will be provided for terminations due to your breach of these Terms.
10. Privacy and Data Protection
10.1 Data Collection
PitchUp collects personal data necessary for processing bookings. By using our Platform, you agree to our Privacy Policy, which governs how your data is handled.
10.2 Third-Party Access
We may share your personal information with venues to facilitate your booking. We do not sell or distribute your information to third parties for marketing purposes.
11. Dispute Resolution
11.1 Disputes with Venues
If a dispute arises with a venue regarding your booking, both parties agree to resolve the matter through negotiation. If unresolved, it may be escalated to the relevant state tribunal.
11.2 Jurisdiction
These Terms are governed by the laws of the state or territory where the booking occurs. You agree to the non-exclusive jurisdiction of the courts in that location.
12. Limitation of Liability
12.1 No Warranty
While we strive to provide accurate information, PitchUp makes no warranties regarding the accuracy, completeness, or availability of the Platform.
12.2 Exclusion of Liability
To the maximum extent permitted by law, PitchUp is not liable for any direct, indirect, or consequential damages arising from your use of the Platform, including lost profits, lost data, or service interruptions.
13. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and PitchUp concerning your use of the Platform and supersede any prior agreements.
Contact Information
For any questions or concerns about these Terms, please contact us at:
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11. Contact Information
If you have any questions about these Terms, please contact us at:
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Pitch Up
Email: info@pitchup.com.au
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