Terms and Conditions of Use

TERMS AND CONDITIONS FOR USING THE ROWING ONLINE MANAGEMENT SYSTEM (ROMS)

By using this Web Site, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to the Web Site. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions

1. Background
The Rowing Online Managements System (hereinafter called ROMS has been developed for Rowing Australia and its State and Territory affiliated associations hereinafter called (RA)

ROMS is specifically designed for rowing activities at individual, club, state and national level activities/

Title and intellectual property rights in and to any content displayed by or accessed through ROMS belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This licence does not grant you any rights to use such content.

2. User Agreements and Indemnity
ROMS is provided by RA for the specific purpose of delivering an online rowing management system for use by licensed users at individual, club and state and national administration levels of rowing.

ROMS is multi-functional covering but not limited to activities of, competition, communication and administration of rowing activities.

Users will be information providers and/or information takers.

The use of content and personal information provided to ROMS is subject to the RA Privacy Policy, which is recorded on the ROMS website and is accessible without the need for user login.

Users agree not to take advantage of any copyrighted or personal information that that they may have access to on ROMS.

Users agree that all personal data and information provided by users is “owned” by RA and can only be accessed by RA and its agents and/or used strictly in accordance with the RA Privacy Policy as determined or amended from time to time.

RA undertakes to give all users a minimum of 30 days notice of any proposed changes to the RA Privacy Policy to allow users to de-register if they do not agree with the amended Policy.

Users agree and undertake not to upload to ROMS any illegal, defamatory, pornographic or offensive material and/or knowingly upload any kind of virus-contaminated or system operational threatening material.

Users agree without limitation or qualification to install and keep active and current appropriate virus software as no responsibility or liability will be accepted by Rowing Australia or its agents for any virus affected material that is downloaded from the ROMS website and/or any linked websites.

Users agree that neither RA or any of its staff or third party agents will be held responsible or liable for any loss or damage occasioned by any user action that has not had the direct involvement of RA and/or its authorised state and territory affiliated associations.

Users agree that RA may from time to time without notice suspend the Service or disconnect or deny your access to the Service:

- During any technical failure, modification or maintenance involved in the Service provided RA will use reasonable endeavours to procure the resumption of services as soon as reasonably practicable.
- If you fail to comply with any provision in this agreement (including failure to pay charges due).
- Or do or allow to be done, anything, which in the opinion of RA and its agents may have the effect of jeopardising the operation of the Service, until the breach (if capable of remedy) is remedied.

Users agree that RA may without notice to you remove, amend or alter your data upon being made aware of:

- Any claim or allegation that in RA’s sole determination would warrant such an action
- Any court order, direction, judgement, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party’s rights.

Users agree and indemnify RA and its agents against all costs, expenses, loss or liability that RA and/or its agents may suffer (directly or indirectly) resulting from:

- Your breach of these terms
- Your misuse of the Service
- The use or misuse of the Service by any person using your account
- Publication of defamatory, offensive or otherwise unlawful material on any website forming part of your Service

3. RA Warranties
RA and/or its agents makes no guarantees or warranties in regard to the suitability of the ROMS for specific individual circumstances nor does it guarantee or warranty the accuracy of the data or timely availability of the system to meet user deadline requirements.

Whilst RA will ensure that every care is exercised with the capture and storage of data it is expressly acknowledged that neither RA and/or its agents shall be held responsible or liable if any data or information is illegally obtained and used for malicious purposes or otherwise. This extends to all employees of the data capture and storage provider and employees of RA and its agents.

Where data is lost due to an unforseen catastrophic or otherwise event RA will do all in its power to implement its disaster recovery procedures in order for the Service to be resumed as soon as practicably possible. However RA and I its agents do not accept any liability in the event that all or any of the data is irrecoverable or corrupt or any liability for the cost of recapturing of the data.

RA does not warrant that:

- The services provide under this agreement will be uninterrupted or Error Free
- The services will be free from external (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of the ROMS server host.

4. Limitation of Liability
Where the Customer (User) is a Consumer (as that word is defined by the Trade Practices Act), RA accepts liability where: the Service is not supplied with due care and skill: any material supplied by RA and/or its agents and not otherwise, in connection with the Service is not reasonably fit for the purpose for which it was supplied: and RA is otherwise required to do so by the Trade Practices Act.

Except as expressly provide to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.

Other than the liability accepted in the first clause of this section RA’s total liability for loss or damage of any kind not excluded by the previous clause, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement is limited in aggregate for all or any claims to $10.