The Academy Rules of Use
The Academy is a gateway to studying and playing in the USA. The Academy is designed for year 9 -10 students who are looking to develop their athletic skills, knowledge and habits. The Academy seeks to
- Create a positive study & sport habits
- Be an interactive platform for those in the SAPUSA family of existing US based student athlete mentors
- Develop positive social media training
- Be an introduction to sports psychology geared towards succeeding in the US
- Assist students develop their academic, sporting and personal attributes
To pursue the aims of interaction and social media training the Academy is an open and transparent platform. The Academy promotes openness and transparency by giving year 9-10 students greater power to share and connect, using these Rules of Use. These Rules of Use are only constrained by limitations of law, technology, and evolving social norms. These Rules of Use are the foundation of the rights and responsibilities of those within the Academy gateway, our future champions (“Academy Members” or “You”).
There are number of legal matters You should be aware of, and agree to, before You go any further on this site
These matters include:
- The Rules of Use of use to which You agree when You visit the Academy platform; and
- The basis on which SAPUSA (or We) and any of its related entities, are excluded from any liability relating to the use of this site.
Rules of Use
1 ACKNOWLEDGMENT AND ACCEPTANCE OF CONDITIONS
1.1. https://www.studyandplayusa.com.au/module/academy/(the Academy platform) is owned and operated by SAPUSA under the registered domain name of https://www.studyandplayusa.com.au/module/academy/
1.2. Reading of this material implies that You agree with and understand the Legal Information contained on this site and are bound by the Rules of Use of access to this site and all disclaimers found on this Academy platform (general conditions). You are deemed to accept these general conditions of use each and every time You, subscribe to become an Academy member or renew Your subscription and when You access this Academy platform in any way. If You do not agree to these Rules of Use, please exit the Academy platform now and delete all records on Your system.
1.3. SAPUSA reserves the right to amend these Rules of Use at anytime. Accordingly, You should periodically refer to the Rule of Use contained in this document and elsewhere on the Academy platform.
2 USE OF THE ACADEMY PLATFORM
2.1 SAPUSA grants You the right to access the Academy platform. SAPUSA reserves all other rights.
2.2 To access the Academy platform You must log in and register as an Academy Member and pay the annual registration fee.
2.3 You will only have access to the Academy platform whilst You are a current member of the Academy. Once Your annual membership ceases Your ability to access and download materials automatically ends.
2.4 You may view the Academy platform and save an electronic copy, or print out a copy, of parts of this Academy platform solely for Your own personal use, information, research or study. The express written authority of SAPUSA must be obtained before the Academy platform or any of the information or software contained on it is used for any commercial purpose.
2.5 You must not use the Academy platform or any of the information or software contained on it in any way or for any purpose which:
- is unlawful; or
- interferes with any legal rights of SAPUSA Pty Ltd;
- is prohibited by the general conditions; or
- seeks to reverse engineer, decompile, disassemble or work around technical restraints.
3 PAYMENT AND FEES
3.1 Payments are due and must be paid annual for a period commencing 1 January and ending 31 December of the same calendar year (the “Term”). The annual subscription is advised on the payment page.
3.2 During the Term prices will not increase except where prices are identified as temporary or special product or service offers that may be made during the Term.
3.3 All prices are subject to change at the beginning of each yearly subscription renewal period.
3.4 Upon renewal of Your Academy membership this agreement will end and Your subscription will be governed by the Rules of Use appearing in the Academy platform on the date on which Your membership subscription is renewed (the “Then Current Membership Terms”). If You do not agree to any of the Then Current Membership Terms, You may decline to renew Your Academy membership.
3.5 Unless otherwise stated on the payment page, annual Academy membership prices are exclusive of any taxes. You must pay any applicable goods and services tax, sales, or value added or like taxes that are owed with respect to any membership subscription under these Rules of Use and which SAPUSA is permitted to collect form You under the governing law.
3.6 These Rules of Use remain in effect until the earliest to occur of the expiration, termination or renewal of Your Academy membership.
3.7 You may end Your membership at any time during its Term. You will not be entitled to nor will SAPUSA be required to return any proportion of the annual Academy membership fee to You. No refund will be paid for unused months whether partial or full.
4 INTELLECTUAL PROPERTY RIGHTS
4.1 All intellectual property rights in the software and the publications available on the Academy platform are and remain the exclusive property of SAPUSA or third party suppliers as the case may be. When using the publications and the Academy platform, You must comply with the law including, without limitation, copyright laws.
4.2 Unless permitted by law or as otherwise expressly permitted in these Rules of Use, You must not, nor must You authorise any third person to:
4.2.1 reproduce, copy, download, scrape, store, publish, transmit, transfer, communicate, distribute, disseminate, sell, rent, lend or otherwise use the publications or the Academy platform, or any part of the publications or Academy platform, in any form or by any means;
4.2.2 modify or make any alterations, additions or amendments to any part of the publications downloaded from the Academy platform;
4.2.3 make the Academy platform available to any person other than an authorised user;
4.2.4 convert material downloaded from the Academy platform into an electronic format other than the one in which it was supplied;
4.2.5 reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Academy platform or reproduce all or any portion of the said components;
4.2.6 remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices;
4.2.7 combine the whole or any part of the data available on the Academy platform with any other software, data or material; or
4.2.8 store or use any part of such data in an archival database or other searchable database except as forming part of any work product.
4.3 You may download, display, print and reproduce the information on this Academy platform, in unaltered form only, for Your personal, non-commercial use or use within Your organisation. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved.
4.4 All names, logos and marks appearing in this Academy platform, except as otherwise noted, are trademarks owned or used under license by SAPUSA, where we market our products or provides services as the case maybe bearing such trademarks. The use or misuse of these trademarks or any other content on this site, except as provided in these Rules of Use or in the Academy platform content, is strictly prohibited.
5 NOT PROFESSIONAL ADVICE
5.1 The information on this Academy platform is provided by way of background only. It is made available to You on the understanding that SAPUSA is not rendering any legal advice, financial advice or any other advice.
5.2 You should obtain professional financial advice tailored to Your specific circumstances and needs prior to making any financial decisions.
6 COMMUNICATIONS ON AND FROM ACADEMY PLATFORM
6.1 From the Academy platform Academy Members will not be able to share information. Academy Members do not have the right to connect online through the Academy Platform with anyone in the SAPUSA.
7 OWNERSHIP AND CONTROL OF INFORMATION
7.1 Academy Members own their information. They should have the freedom to share it with anyone they want and take it with them anywhere they want, including removing it from the Academy platform. Academy Members have the freedom to decide with whom they will share their information. Those controls, however, are not capable of limiting how those who have received information may use it.
7.2 Can only access information during subscription period.
8 SAPUSA MAY USE YOUR INFORMATION
8.1 You authorise SAPUSA to access and use Your information. SAPUSA may but is not obliged to monitor Your progress and You authorise SAPUSA to contact You and provide You with information and or advertising materials from SAPUSA regarding its programs, services and those of its sponsors or affiliates.
Collection and Use of Personal Information
8.2 Personal information is data that can be used to identify or contact a single person.
8.3 You may be asked to provide Your personal information anytime You are in contact with SAPUSA or a SAPUSA affiliated company. SAPUSA and its affiliates may share this personal information with each other and use it consistent with these Rules of Use. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if You chose not to do so, in many cases we will not be able to provide You with our products or services or respond to any queries You may have.
8.4 Here are some examples of the types of personal information SAPUSA may collect and how we may use it:
8.4.1 What personal information we collect
8.4.2 When You create a SAPUSA ID, contact us or participate in an online survey, we may collect a variety of information, including Your name, mailing address, phone number, email address, contact preferences, and credit card information.
How we use Your personal information
8.5 The personal information we collect allows us to keep You posted on SAPUSA’s latest announcements, software updates, and upcoming events. We may use Your personal information to send important notices, such as communications about purchases and changes to our Rules of Use, and policies. Because this information is important to Your interaction with SAPUSA, You may not opt out of receiving these communications. We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use date of birth to determine the age of SAPUSA ID account holders.
Collection and Use of Non-Personal Information
8.6 We collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
8.6.1 We may collect information such as occupation, language, post code, area code, unique device identifier, referrer URL, location, and the time zone where a SAPUSA product is used so that we can better understand Academy Member behaviour and improve our products, services, and advertising.
8.7 We may collect information regarding Academy Member activities on our website. This information is aggregated and used to help us provide more useful information to our Academy Members and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non-personal information for the purposes of these Rules of Use.
8.8 We may collect data about how You use Your device and applications in order to help app developers improve their apps.
8.9 If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
Cookies and Other Technologies
8.10 SAPUSA’s website, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behaviour, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of these Rules of Use.
8.12 As is true of most internet services, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data.
8.13 We use this information to understand and analyze trends, to administer the site, to learn about user behaviour on the Academy platform, to improve our product and services, and to gather demographic information about our user base as a whole. SAPUSA may use this information in our marketing and advertising services.
8.14 In some of our email messages, we use a“click through URL ”linked to content on the SAPUSA website. When Academy Members click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We may track this click-through data to help us determine interest in particular topics and measure the effectiveness of our Academy Member communications. If You prefer not to be tracked in this way, You should not click text or graphic links in the email messages.
8.15 Pixel tags enable us to send email messages in a format Academy Members can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to Academy Members.
Disclosure to Third Parties
8.16 At times SAPUSA may make certain personal information available to strategic partners that work with SAPUSA to provide products and services, or that help SAPUSA market to Academy Members.
8.17 SAPUSA may share personal information with companies who provide services such as information processing, US Colleges, US Coaches, Sporting or Athletic bodies, managing and enhancing Academy Member data, providing Academy Member service, assessing Your interest in our products and services, and conducting Academy Member research or satisfaction surveys. These companies are obligated to protect Your information and may be located wherever SAPUSA operates.
8.18 It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside Your country of residence − for SAPUSA to disclose Your personal information. We may also disclose information about You if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
8.19 We may also disclose information about You if we determine that disclosure is reasonably necessary to enforce our Rules of Use or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
Protection of Personal Information
8.20 SAPUSA takes the security of Your personal information very seriously.
8.21 If You or anyone else using Family Sharing logs on to a device that is owned by a third party, any information shared within Your Family—including calendar, location, photos, and purchases—may be downloaded on to that third-party device thereby disclosing any such shared information.
Integrity and Retention of Personal Information
8.22 SAPUSA makes it easy for You to keep Your personal information accurate, complete, and up to date. We will retain Your personal information for the period necessary to fulfil the purposes outlined in these Rules of Use unless a longer retention period is required or permitted by law.
Access to Personal Information
8.23 You can help ensure that Your contact information and preferences are accurate, complete, and up to date by logging in to Your account at https://SAPUSAid.SAPUSA.com/. For other personal information we hold, we will provide You with access for any purpose including to request that we correct the data if it is inaccurate or delete the data if SAPUSA is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.
Children & Education
8.25 If we learn that we have collected the personal information of a child under 13, outside the above circumstances we will take steps to delete the information as soon as possible.
8.26 If at anytime a parent needs to access, correct, or delete data associated with their Family Sharing accountor child’s SAPUSA ID, they may contact us.
Third Party Sites and Services
8.27 SAPUSA websites, including the Academy platform, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties.
8.28 Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage You to learn about the privacy practices of those third parties.
9 FREE FLOW OF INFORMATION
9.1 During the Term of Academy membership, Academy Members have the freedom to access all of the information made available to them by others, and SAPUSA. Academy Members also may use such practical tools on the Academy platform that make it easy, quick, and efficient for them to use the valuable information accessible to them and to share this information.
10 OPEN PLATFORM AND STANDARDS
10.1 Academy Members may access the Academy by login. The specifications for this interface will be by registering as an Academy Member to communicated to You.
11 FUNDAMENTAL SERVICE
11.1 Academy Members may use the Academy platform to establish a presence, connect with others, and share information within the SAPUSA family. Academy Members are not required to use the Academy platform for any minimum period of time to maintain their membership rights and privileges.
12 COMMON WELFARE
12.1 The rights and responsibilities of the Academy and the Academy Members that use it are described in these Rules of Use.
13 TRANSPARENT PROCESS
13.1 The Academy will on the platform make available information about its purpose, plans, policies, and operations. If an Academy Member has any comments we encourage input on amendments to these Rules of Use.
14 GENERAL OBLIGATIONS
14.1 In using the Academy platform, You must not do or attempt to do anything that:
(a) violates any applicable local, state, federal or international laws, standards or codes of conduct;
(b) infringes the rights of any third party, including any copyright, trade mark or other intellectual property right, misappropriating any trade secret or other confidential information, misusing any personal information or otherwise invading any person’s privacy, or committing fraud, defamation, libel, abuse or harassment;
(c) involves the publication or dissemination of material that we reasonably consider to be offensive, indecent, obscene, harmful or otherwise inappropriate, regardless of whether or not that material, or its publication or dissemination, is unlawful. This includes Academy Members content that contains statements that may be fraudulent or deceptive, or threatening, intimidating or harassing;
(d) threatens the security or integrity of any network or otherwise interferes with or disrupts any network or network users (including their use of, or access to a service or network), or any network Academy platform or Academy content on the Academy platform (For the purposes of clause 8(d) interference or disruption may include distribution of unsolicited advertising or chain letters, repeated harassment of other network users. impersonating another user, falsifying Your network identity for improper or illegal purposes, sending unsolicited bulk emails or calls, continuing to send someone email after being asked to stop, and mail bombing and “flashing”);
(e) involves unauthorised access to or use of any machine or network, a denial of service attack, falsifying header information or user identification information, or monitoring or scanning the networks of others;
(f) involves excessive, unusual or unreasonable use of the Academy platform (having regard to, amongst other things. Your previous usage and any forecasts You have given us) or jeopardises the security, operation or quality of a network, or of any Academy platform supplied by us or any service provider to other Academy Members; or
(g) introduces or allows the introduction of any virus or other form of malicious code into the Academy platform or any network.
14.2 Academy Members must ensure that every person they allow access the Academy platform also complies with these Rules of Use. You are responsible and liable for any breach of these Rules of Use by You any other person You allow to use or access the Academy platform (End User), even if an End User uses the Academy platform without Your authority. You should therefore take steps to secure the Academy platform against unauthorised access and use.
15 ACADEMY MEMBERS (YOUR) INFORMATION
15.1 You must not publish or disseminate any material (including via Academy platforms. mobile applications, blogs. social media, email, newsgroups or other channels accessible using the Academy platform) which has been or would be, classified by the Australian Classification Board as RC- or X-rated.
15.2 You must take reasonable steps to prevent minors from accessing or receiving any material that You have published or disseminated, which may be inappropriate for them. In particular, You must implement a restricted access system, in compliance with applicable laws, for any material that has been, or would be, classified by the Australian Classification Board as R-rated.
15.3 You must ensure that any and all content created or stored on Your equipment, or transmitted or accessed using the Academy platform complies with these Rules of Use.
16 BREACH OF THESE RULES OF USE
16.1 If SAPUSA believe that You, or an End User has done, is doing or is about to do anything that breaches or would breach these Rules of Use, we may take any actions we consider appropriate to respond to or prevent the breach, or to deal with its consequences. Those actions may include:
16.1.1 temporary or permanent removal of content or content publishing capabilities;
16.1.2 filtering, limiting or blocking of, or altering of access to, Internet transmissions;
16.1.3 immediate suspension or termination of all or any part of the Academy platform.
16.1.4 immediate restriction or denial of access to or use of any land, premises, facilities or Our Equipment;
16.1.5 gathering information from any End Users involved and any complaining party. and examination or monitoring of transmissions and material on Our Equipment or any network;
16.1.6 cooperation with law enforcement authorities in relation to any suspected criminal activity, and with system administrators of other Academy Members in relation to any misuse of a network; and
16.1.7 compliance with directions or requests made by any government agency, regulator or third party rights holder.
16.2 We may choose to give You notice before taking any action under rule 16, but we are not required to do so.
16.3 We do not have any obligation to monitor Your or any End User’s use of the Academy platform (including any content published, disseminated or accessed using the Academy platform. However we reserve the right to do so at any time and for any reason, including to:
16.3.1 identify any breach of these Rules of Use;
16.3.2 enforce these Rules of Use;
16.3.3 protect any other network users, or any network Academy platform or Equipment; or
16.3.4 co-operate with law enforcement authorities or system administrators of Providers. This may include us providing the username, IP address or other identifying information of an End User.
17 CURRENCY OF INFORMATION
17.1 SAPUSA has taken reasonable care creating this Academy platform and will endeavor to ensure that it contains accurate and current information.
17.2 However, it is recommended that visitors to the Academy platform exercise their own skill and care with respect to the use of information found on it. Before relying on the material found on this Academy platform, users are asked to consider its accuracy, currency, completeness and relevance to their purposes.
18 ACCESS TO THE ACADEMY PLATFORM
18.1 SAPUSA accepts no liability for any interference with, or damage to, a visitor’s computer system, software or data occurring in connection with or relating to this Academy platform or its use.
18.2 SAPUSA does not warrant that Your access to this Academy platform will be uninterrupted or error free.
18.3 Links provided to other Internet sites are provided for the user’s convenience and do not constitute SAPUSA’s endorsement of the information at those sites, or any associated person, organisation, product or service and is not to be construed in way any way as an endorsement by SAPUSA.
19 INDEMNITY AND RELEASE
19.1 In accessing this Academy platform, You release SAPUSA, and its respective directors, officers, employees, share-holders, agents and consultants (those indemnified) from any claim relating in any way to Your use of this Academy platform and You indemnify those indemnified from and against all actions, proceedings, claims and demands against any of those indemnified by a party claiming loss or damage as a result of Your acting other than in accordance with these Rules of Use.
20 GOVERNING LAW
20.1 These general conditions and any disputes arising out of the use of this Academy platform are governed by, construed and enforced in accordance with the laws of the State of Queensland.
ACADEMY PLATFORM DISCLAIMER
- The information and materials on this Academy platform (including but not limited to the software, calculators, tools, logos and names) is derived from sources believed to be accurate and current as of the date of posting to the Academy platform.
- SAPUSA, and its officers, agents, employees and contractors do not:
- give any representation or warranty as to the reliability, accuracy or completeness of the information and materials on this Academy platform; or
- warrant that Your access to the Academy platform will be uninterrupted or error-free
- SAPUSA or its employees shall not be liable in any way for any loss or damage, however arising, whether in negligence or otherwise, out of or in connection with the information or omissions on the Academy platform (including any linked site).