Terms and Conditions

Introduction

These Terms and Conditions (“Terms”) govern the relationship between SportsBox AU Pty Ltd (ACN 675 287 000), and your use of SportsBox services, including hardware (self-serve lockers), the mobile app, and the dashboard. By accessing or using any part of the SportsBox services, you agree to be bound by these Terms. If you do not agree, you may not use the services.

The equipment stored in SportsBox lockers is provided by DECATHLON (Australia) Pty Ltd (ACN 608 596 069) (“DECATHLON”). SportsBox and DECATHLON do not assume any liability for injuries, damages, or losses resulting from the use of the equipment, including in cases of user negligence.

If you have any questions about these Terms or other policies, please contact us at hello@sportsbox.au

SportsBox offers equipment exclusively for personal use (except for special cases whereby it is previously agreed in writing between SportsBox and the User) and only at the locations specified on the map (hereinafter referred to as a “map”) found on the SportsBox mobile application (the “app”, “Platform”).

1. General Provisions

1.1 Definitions

"ACL" refers to the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth).
"ACL Guarantees" refers to the consumer guarantees provided under the Australian Consumer Law.
"Cancellation Policies" refer to the rules and conditions set by SportsBox regarding the cancellation of Rental bookings.
"Company," "We," "Our," "Us," or “the Platform” refers to SportsBox.
"Content" or “Material” refers to any text, graphics, logos, images, and other materials available on the Platform.
"Dispute Resolution" refers to the process outlined in these Terms and Conditions for resolving disputes between Users and SportsBox.
"Effective Date" refers to the date on which these Terms and Conditions come into effect.
“Equipment” refers to the sports-related items available for borrowing through SportsBox lockers. This includes, but is not limited to, items such as balls, racquets, gloves, bats, nets, fitness accessories, and other gear intended for physical activity or recreational use.
"Intellectual Property" refers to copyrights, trademarks, and other proprietary rights associated with the content on the Platform.
"Mandatory Reporting" refers to any reporting requirements mandated by applicable laws, including the ACL and other local regulations.
"Payment Terms" refers to the terms and conditions governing the payment for the Rental on the Platform.
"Platform" refers to the SportsBox Mobile App (for iOS and Android) and Dashboard found at admin.sportsbox.locker
“Rental” refers to the process by which a User, through the Platform, reserves and secures the use of the Equipment for a specified date and time. A Rental booking is considered complete when the User confirms the reservation through the Platform, and it includes the agreement to abide by the terms and conditions set by SportsBox. The term "Rental" encompasses the entire booking transaction, from the initiation of the reservation process to the actual use of the Equipment, as facilitated by the Platform. "Rental" may also include any additional services or items associated with the reservation, as specified during the Rental process on the Platform.
"Severability" means that if any provision of these Terms and Conditions is found to be invalid or unenforceable, it will not affect the validity or enforceability of the remaining provisions.
"Terms and Conditions" refers to this document outlining the terms of use for the Platform.
"User" refers to any individual or entity that accesses or uses the Platform for renting any Equipment.
“Venue” refers to a physical location, facility, or space, whether indoor or outdoor, where the self-serve lockers are available for Equipment rental by Users. The term "Venue" encompasses, but is not limited to, sports fields, courts, gyms, or any other location suitable for sporting activities, events, or related purposes, and may include any amenities, equipment, or services associated with the location, as specified in the Venue details provided on the platform.

1.2. Interpretations Clause

For the purpose of these Terms and Conditions, unless the context otherwise requires:
1. Words in the singular shall include the plural and vice versa.
2. Words importing a gender include any other gender.
3. References to persons include individuals, companies, corporations, unincorporated bodies, government entities, and any other legal entities.
4. Headings and titles are inserted for convenience and do not affect the interpretation of these Terms and Conditions.
5. References to statutes, statutory instruments, or regulations include any subsequent amendments or modifications.
The interpretation provided in this clause is for convenience and does not limit or affect the meaning of the terms and provisions contained in these Terms and Conditions.

1.3. Services Overview

SportsBox offers a self-serve locker system for borrowing sports equipment to promote physical activity and community engagement. The services include:

Lockers: Hardware for secure storage and easy access to sports equipment.
Mobile App: A platform to locate, unlock, and borrow equipment.
Dashboard: A cloud-based management system to monitor locker usage and generate insights.

1.4. User Agreement

By registering and using SportsBox services, you agree to comply with these Terms, as well as any applicable local, state, and federal laws.
To access and use the equipment, users must first register via the SportsBox App. All materials available on the Platform, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content, and services, are either provided by SportsBox or licensed from third-party authors, developers, or vendors (“Third Party Providers”). These Materials are copyrighted works owned by SportsBox and/or its Third Party Providers or are licensed for use, unless explicitly stated otherwise.
Unless expressly permitted, the Materials must not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, mirrored, archived, transmitted, or used in any other form or by any other means, including electronic, mechanical, photocopying, or recording, without the prior written consent of SportsBox or the relevant Third Party Provider.
Except where expressly stated, nothing on the Platform grants any license or ownership rights to the Materials under SportsBox’s intellectual property rights, whether by implication, estoppel, or otherwise. You are solely responsible for obtaining any required licenses for the use of such Materials. Materials supplied by Third Party Providers may not have been independently reviewed, tested, certified, or authenticated by SportsBox. SportsBox does not sell, license, or lease any Materials unless explicitly specified as being provided by SportsBox. Any unauthorised use of Materials on the Platform may breach copyright, trademark, privacy, publicity, or communication laws and regulations. Users must ensure compliance with all applicable local, state, federal, and international laws.
You are responsible for maintaining the security of your account information and password, as well as restricting access to your devices. You accept responsibility for all actions taken under your account or password.
SportsBox reserves the right to suspend or terminate your account or access to the Platform at any time, with or without reason. You remain personally liable for all bookings or charges incurred prior to termination. SportsBox also reserves the right to modify, suspend, or discontinue any part of the Platform without prior notice.

1.5. Accuracy of Information

SportsBox strives to provide accurate and current information on its platform. However, we do not guarantee the completeness, accuracy, or timeliness of the information provided on the Platform. All features, content, specifications, products, technologies, colours, and prices of the products and services displayed or described on this Platform may be changed at any time without prior notice. Measurements and similar descriptions are approximate and intended solely for convenience.
Any reliance on information from the platform is at the user’s own risk. Users should verify details, especially with third-party services.

2. User Registration and Account Management

2.1 Registration Requirements

To use these lockers:
1. Users must register via the SportsBox Platform..
2. Users must be at least 16 years old. Those under 18 require guardian consent.
If you are under 18, your parent or legal guardian must create your account and agree to these terms on your behalf. Their consent remains valid until you turn 18, at which point you accept these terms yourself. Additionally, if a user under 18 submits copyrighted materials, their parent or guardian grants SportsBox the rights to use the copyright and associated images or likeness.

2.2 Account Security

To access certain features of the Platform, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete, so that we can most effectively communicate with you and operate the Platform for your benefit.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password.

3. Privacy

SportsBox values your privacy. The personal information you provide when using this Platform will be gathered, utilised, and revealed in alignment with any privacy statement presented to you and our Privacy Policy (http://www.sportsbox.au/privacy). This policy outlines details on how you can access and rectify your personal information, the process for filing privacy-related complaints, and how such complaints will be addressed.

4. Venue usage

SportsBox serves as a platform to facilitate the rental of sports equipment at designated venues. The specific terms and conditions for using each venue are established by the Venue Owner, and Users agree to adhere to those terms while accessing and using the venue.
SportsBox is not responsible for any disputes arising between Users and Venue Owners. We encourage Users to resolve any issues directly with the Venue Owner.

5. User Conduct

Forbidden usage: Users agree not to use the Platform for any unlawful or prohibited purposes. Users are responsible for their conduct and the content they submit on the Platform.
Permitted usage: Users acknowledge and agree to use the Equipment listed on the Platform in an orderly manner. Users are directly responsible for any damage they cause to the Equipment during their use. Any costs associated with repairing or remedying damages caused by the User will be the User's responsibility. If any damage or loss occurs, the user must report it immediately and cooperate with the police and SportsBox in any investigations.
Equipment return: Equipment must be returned to the designated SportsBox locker at the end of the rental period. If the equipment is not returned on time or the locker is not properly closed, the user will be held liable for the late return and any damage caused. Users must check that all equipment is properly placed in the locker and that the locker door is securely closed before ending the session.
Faulty equipment: Before use, users must inspect the equipment and ensure that it is in good condition. If any faults are detected, users must report them immediately through the app and refrain from using the equipment. Equipment should not be left unattended during use. Users must ensure that equipment is stored in the locker when not in use. Any equipment left unattended or in unauthorised locations will be the user’s responsibility.
SportsBox reserves the right to suspend or cancel the provision of equipment in cases of unsafe use, non-compliance with these terms, or threats to personal or public safety. If this occurs, a replacement fee will be charged to the user.

6. Safe play and supervision

SportsBox encourages safe play and parental supervision at all times when using the equipment provided. Users must ensure that they or their guardians are actively supervising children during play and ensure they are playing in a safe, appropriate environment.
Users should conduct their own inspections of the environment and the equipment before use. SportsBox is not liable for injuries or damage arising from circumstances beyond its control, including but not limited to user negligence, improper supervision, or unsafe environmental conditions that were not identified or disclosed by SportsBox
SportsBox is not responsible for any injuries, accidents, or damages arising from the user's failure to use the equipment in a safe manner, improper supervision, or failure to assess and ensure that the environment is safe for use. Users acknowledge that they are solely responsible for their own safety and the safety of those they supervise while using the equipment. SportsBox's liability is limited to the condition of the equipment and its proper maintenance

7. Hold Fee and Payment Terms

Hold Fee: SportsBox provides equipment to users free of charge, as the cost of access is covered by participating councils. However, to safeguard against potential damage or loss of the equipment, users will be charged a refundable hold fee. The hold fee amount will be specified in the SportsBox Platform prior to confirming equipment use. The hold fee will be refunded in full upon the safe return of the equipment in its original condition and within the specified rental period.
Deductions and Refund Policy: If the equipment is returned late, damaged, or not at all, SportsBox reserves the right to deduct the relevant costs of repair, replacement, or penalties from the hold fee. In cases where the hold fee does not cover the full extent of the damage or loss, users may be required to pay the outstanding amount within 5 calendar days of notification. Refunds for unused hold fees will be processed within 10 business days after the equipment is successfully returned and inspected.
Payment Method: The hold fee must be paid via the SportsBox Platform using an approved payment method, including Visa, MasterCard, or other options specified on the Platform. Users are responsible for ensuring that their payment details are accurate and up to date.
Failed or Declined Transactions: If a hold fee transaction is declined, users will not be permitted to use the equipment until the fee is successfully processed. SportsBox is not liable for any delays caused by failed transactions or issues with a user’s payment provider.
Additional Charges: Users will not be charged for the use of equipment itself, as this is funded by councils. However, additional charges may apply for:

Late returns, as per the terms outlined in the Platform.
Damage or loss of equipment, exceeding the hold fee amount.
Any additional charges will be notified to the user and must be settled within the specified timeframe.

7. Disclaimer of Warranties

Assumption of risk: Users acknowledge that using sports equipment involves inherent risks, including but not limited to injury, property damage, or other harm. By renting and using the equipment listed on the SportsBox platform, users voluntarily assume all such risks.
Limitation of Liability: To the fullest extent permitted by law, SportsBox and its affiliates, officers, employees, agents, and partners will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, loss of profits, goodwill, use, data, or other intangible losses arising from or in connection with the rental or use of the equipment, or the inability to use the equipment.
Liability Limit: In no event shall SportsBox’s aggregate liability exceed $1,000.00.
Exclusion of Certain Damages: SportsBox and its third-party providers shall not be liable for any indirect, punitive, special, incidental, or consequential damages, including damages to your computer, mobile phone, telecommunications equipment, or other property, nor for any loss of data, content, images, revenue, profits, or other economic losses arising from the use of, or inability to use, the website dashboard, mobile app, or the equipment, even if SportsBox or the third-party provider has been advised of the possibility of such damages. This applies whether the claim arises in contract, negligence, or any other legal theory.
Theft and damage: SportsBox is not responsible for any belongings left in the lockers. Any damage, theft, or loss of personal property while using the equipment is the responsibility of the user. If a user forgets or leaves any items in the locker, SportsBox is not liable for any damage or loss to those belongings.
The limitation of liability set forth in this section does not apply in the event of your breach of these Terms or in relation to your indemnity obligations.
Disclaimer of Representations, Warranties, and Guarantees: Unless explicitly stated otherwise, all materials, features, and services provided on the SportsBox platform, including the website, mobile application, and related goods, are offered “as is.” SportsBox makes no guarantees, express or implied, regarding the quality, performance, reliability, or suitability of these materials and services, except as expressly outlined in these Terms. To the fullest extent permitted by law, SportsBox and its third-party providers disclaim all representations, warranties, guarantees, and conditions, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and the quality or suitability of goods or services.
SportsBox and its partners do not warrant that:
1. The Platform or the materials will operate without interruptions, errors, or delays.
2. The quality or suitability of any products, services, or information obtained through the platform will meet your expectations.
3. The platform or associated systems are free from viruses, malware, or other harmful elements.
You acknowledge that the transfer of data over the internet and communication networks may be subject to delays, limitations, and interruptions beyond the control of SportsBox. Consequently, SportsBox is not responsible for any delays, failures, or damages resulting from such issues.
The use of third-party providers and services through the SportsBox platform is at your own risk. SportsBox assumes no liability for the reliability, quality, or outcomes associated with third-party services or goods referenced on the platform.
Except as expressly stated otherwise, SportsBox provides its platform without any guarantees or warranties and disclaims liability for any issues arising from the use of its services or those of third-party providers.

8. Indemnities

You agree to indemnify and hold harmless SportsBox and its third-party providers from any and all claims, damages, losses, liabilities, and expenses (including legal fees) arising from a third-party claim related to your use of the platform or the Equipment. SportsBox will not be responsible for any claims of infringement arising from:

your use of the Platform, the lockers, the Equipment or associated goods and services outside the scope of this Agreement;
any combination of the Platform, the lockers, the Equipment or services with other third-party products;
any third-party products, services, or materials.

9. Miscellaneous

Governing Law: These Terms and Conditions are governed by and construed in accordance with the laws of the State of Queensland, Australia.
Dispute Resolution: Any disputes, claims, actions, or causes of action arising out of or in connection with this Agreement, the Platform shall be subject to the exclusive jurisdiction of the courts located in Queensland, Australia.
Entirety of Agreement: This Agreement represents the entire understanding between the parties regarding the use of the Platform and supersedes any prior or contemporaneous communications, whether written or oral. SportsBox reserves the right to modify these Terms or its policies relating to the Platform at any time, with such changes becoming effective upon posting. You should periodically review these Terms as they are binding on you.
Modifications: Certain provisions of these Terms may be replaced by expressly designated legal notices or terms located on specific pages of the Platform. Your continued use of the Platform after any changes or updates to these Terms will be deemed as your acceptance of those changes.
Severability: If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the intent of the parties, while the remainder of the Agreement will continue in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between SportsBox and you as a result of these Terms or the use of the Platform. You may not assign this Agreement without prior written consent from SportsBox. Any unauthorised assignment will be void.
SportsBox reserves the right to use third-party providers in the provision of the Platform and/or the goods, services, and materials associated therewith.