Terms and Conditions

Welcome to iMatchSport! These Terms and Conditions ("Agreement") govern your access to and use of the iMatchSport website and services ("Services"). By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree with any part of the Agreement, you may not use the Services.

1. User Obligations and Conduct: 1.1 Eligibility: By using the Services, you represent and warrant that you are at least 18 years old or have the necessary consent and authority to enter into this Agreement. 1.2 Membership Creation: You are responsible for providing accurate and up-to-date information when creating your iMatchSport membership account. You agree to maintain the confidentiality of your account credentials and not share them with others or allow anyone else to use your membership account or otherwise access the Services. 1.3 Prohibited Conduct: You must not engage in any prohibited conduct while using the Services, including but not limited to: a) Violating any applicable laws, regulations, or third-party rights. b) Impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity. c) Engaging in any fraudulent, deceptive, or harmful activities. d) Uploading, posting, or transmitting any content that is unlawful, offensive, or infringing upon the rights of others. e) Interfering with or disrupting the Services or servers or networks connected to the Services. f) Attempting to gain unauthorized access to the Services, other users’ accounts, or computer systems or networks.

2. Intellectual Property: 2.1 Ownership: iMatchSport and its licensors own all proprietary and intellectual property rights in the Services (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and any network, system, software, data or material that underlies or is connected to the website.

3. Privacy: 3.1 Collection of personal information: iMatchSport collects and processes personal information about you, including your name, email address, contact details, date of birth, photos and/or videos of you, billing information, computer/network Internet Protocol (“IP”) address; identification information such as driver’s licence or passport; medical/health information; personal opinions or feedback you provide on our service. iMatchSport collects your personal information directly from you where possible but may also collect your personal information from someone else (where you have authorised this), publicly-available sources, and/or automatically when you visit our website or use our Services. If you provide us with the personal information of any other person(s), you are responsible for obtaining their consent for us to process their personal information in accordance with clause 3 of this Agreement. 3.2 Purpose of collection: iMatchSport collects your personal information for the following purposes: to deliver the Services, to communicate with you in relation to the Services, to verify your identity, to monitor suspicious or fraudulent activity, to bill you and collect money that you owe iMatchSport, to provide relevant marketing related to the Services, to protect and/or enforce iMatchSport’s legitimate business interests and legal rights, including defending any claim and compliance with regulatory and audit functions, and for any other purpose authorised by you or by the Privacy Act 2020. If you do not provide us with some of the personal information requested, we may be unable to provide you with the Services. 3.3 Disclosure of personal information: iMatchSport will only share your personal information with: third party billing and payment providers; courier/delivery providers; website/IT hosting and support providers; marketing/advertising providers; debt recovery agencies for the purpose of collecting any outstanding debt; an actual or potential buyer (and its agents and advisors) in connection with an actual or proposed purchase, merger or acquisition of any part of our business; regulators, law enforcement bodies, government agencies, dispute resolution providers, or other third parties where we consider it is necessary to comply with applicable laws or regulations, or to exercise or defend our legal rights; and any other people authorised by you. We may share your personal information with third parties based outside New Zealand; this means your personal information may be processed in an overseas country which does not provide the same level of protection to personal information as in New Zealand. 3.4 Correction/access to personal information: Subject to certain grounds for refusal set out in the Privacy Act 2020, you have the right to ask for a copy of the personal information held about you, and to ask for your personal information to be corrected. To exercise these rights, please email info@imatchsport.com

4. Termination: 4.1 Termination by you: You may terminate your iMatchSport membership at any time by contacting us at info@imatchsport.com. You will remain liable for any unpaid membership fees owing to iMatchSport and you will not be entitled to a refund of any portion of the fees already paid. 4.2 Termination by iMatchSport: iMatchSport reserves the right to suspend, terminate, or restrict your access to the Services at any time for any reason, including but not limited to a violation of this Agreement.

5. Disclaimer of Warranties: 5.1 Use at Your Own Risk: The Services are provided on an "as is" and "as available" basis. iMatchSport does not make any warranties or representations regarding the accuracy, reliability, or availability of the Services. You use the Services at your own risk. 5.2 No Endorsement: iMatchSport does not endorse, guarantee, or verify the authenticity, credibility, or actions of other users or third parties on the website or linked to via the website. Any interactions, arrangements, or agreements entered into with other users or third parties are solely at your own risk.

6. Limitation of Liability: 6.1 Limitation of Liability: iMatchSport’s liability for any claim, damages, loss or expense related to the supply of Services shall be limited to the price at which the Services were supplied to you (one year’s membership fee) or the actual loss or damage suffered by you, whichever shall be the lesser. iMatchSport will not be liable for any financial or economic loss or any indirect or consequential loss of any kind whatsoever. 6.2 No liability for delay : iMatchSport will not be liable for any delay in performing any obligations, if the delay is caused by circumstances beyond iMatchSport’s reasonable control, including but not limited to, failure of or interruption to the provision of essential services such a electricity, bank payment systems or postal/courier deliveries.

7. General Provisions: 7.1 Entire Agreement: This Agreement constitutes the entire agreement between you and iMatchSport regarding the Services and supersedes any prior or contemporaneous agreements, communications, or understandings, whether written or oral. 7.2 Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. 7.3 Governing Law: This Agreement will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand courts.7.4 Modifications: iMatchSport reserves the right to modify or revise this Agreement at any time. The latest version of this Agreement will be displayed on the iMatchSport website www.imatchsport.com. By continuing to access and use the website, you agree to be bound by the modified Agreement. 7.5 Waiver: Any failure by us to enforce any provision of this Agreement is not a waiver of that provision. 7.6. Survival of clauses: Clauses which, by their nature, are intended to survive termination of this Agreement, including clauses 2, 5, 6 and 9 continue in force.

8. Indemnification: 8.1 User Indemnity: you agree to indemnify, defend, and hold iMatchSport, its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: a) ’your use of the Services; b) ’your violation of any provision of this Agreement; c) ’your violation of any rights of another party, including other users or third parties outside of the iMatchSport website; d) your violation of any applicable laws, regulations, or third-party rights.

9. Third-Party Websites and Services: 9.1 Links to Third-Party Websites: The Services may contain links to third-party websites or services that are not owned or controlled by iMatchSport. iMatchSport does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that iMatchSport shall not be liable for any damages or losses incurred in connection with your use of any third-party websites or services.

10. Fees and Payment: 11.1 Fees: By signing up to a membership, you agree to pay the fees listed on the iMatchSport website. Fees for memberships are charged on an annual subscription basis. 11.2 Fee changes: iMatchSport may increase or decrease the fees for the Services at any time. You are not entitled to a refund of any part of the fees you have already paid for the Services. 11.3 Currency: The fees for the Services are in US dollars and payment must be made in US dollars. 11.4 GST: GST is included unless otherwise specified. 11.5 Time for payment: You must pay the full annual fee for the Services at the time of creating a membership, and on an annual basis thereafter unless you terminate your membership in accordance with the account closure procedures. Fees are payable annually in advance. 11.6 Payment: Payment may be made by credit, debit, PayPal.