EmuStats Terms and Conditions

These Terms and Conditions (“Terms”) govern access to and use of the EmuStats website, applications, and services (together, the “Services”).

The Services are operated by Ecommercelab trading as EmuStats (“EmuStats”, “we”, “us”, “our”).

By creating an account, accessing, or using the Services, you agree to these Terms. If you are using the Services on behalf of a business, club, association, school, or other organisation, you represent that you have authority to bind that organisation to these Terms.

1) Definitions

2) Eligibility and account responsibility

• You must be at least 18 years old to create an account and purchase a Subscription.
• You are responsible for maintaining the confidentiality of login credentials and for all activity that occurs under your account.
• You must provide accurate, current information and keep it up to date.
• If you create or manage accounts for others (for example a club admin inviting coaches/players), you are responsible for ensuring that only authorised people have access.

3) Organisations, players, parents, and minors

EmuStats may be used by clubs/organisations and also directly by individual consumers (for example parents or players).

Because EmuStats can store player profiles, including dates of birth and contact information, you agree that:

• You will only upload or provide Personal Information if you have a lawful basis to do so (including any required consent).
• Where Content includes Personal Information about a minor (under 18), you confirm you have appropriate consent from a parent/guardian or other lawful authority to provide that information and to allow EmuStats to process it for the purposes of the Services.
• You are responsible for ensuring your privacy notices/consents (if you are an organisation) cover your use of EmuStats.

4) Privacy

Our handling of Personal Information is described in our Privacy Policy (the “Privacy Policy”). The Privacy Policy forms part of these Terms.

If there is any inconsistency between these Terms and the Privacy Policy in relation to privacy or Personal Information, the Privacy Policy will prevail to the extent of that inconsistency.

5) Acceptable use

You must not, and must not allow others to:

• misuse the Services or access them using a method other than the interface and instructions we provide (including unauthorised scraping, crawling, or automated requests, except where explicitly allowed);
• interfere with or disrupt the integrity, performance, or security of the Services;
• attempt to bypass access controls, probe, scan, or test the vulnerability of the Services without written permission;
• upload or transmit malware or harmful code;
• upload Content that is unlawful, defamatory, harmful, invasive of privacy, infringing, or otherwise objectionable;
• reverse engineer, decompile, or attempt to extract source code from the Services, except to the extent such restriction is prohibited by law.

We may suspend or restrict access if we reasonably believe there is a breach of this section or a security risk.

6) Your Content and permissions

7) EmuStats intellectual property

The Services (including software, designs, interface, branding, and any EmuStats-created content) are owned by Ecommercelab and/or its licensors and are protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services during your Subscription term (or while permitted under a free plan), in accordance with these Terms.

You must not copy, modify, distribute, sell, lease, or create derivative works of the Services except as expressly permitted by law or with our written permission.

8) Subscriptions, billing, and cancellations

9) Service availability, maintenance, and changes

We aim to keep the Services available, but we do not guarantee uninterrupted access. The Services may be unavailable from time to time due to maintenance, updates, or factors outside our control.

We may update, modify, or discontinue features of the Services. If we make a material change that negatively affects core functionality of a paid Subscription, we will provide reasonable notice where practical. If we discontinue the Services (or materially reduce core paid functionality) and you have prepaid fees for the affected period, we may provide a pro-rata refund for the unused portion, unless we are not permitted or required to do so by law or the discontinuation is due to your breach of these Terms.

10) Third-party services and integrations

The Services may integrate with or depend on third-party services (for example payment providers like Stripe, communication tools, analytics, or other integrations). Third-party services are governed by their own terms and policies. We are not responsible for third-party services, including outages, errors, or data handling by those third parties.

11) Data export, retention, and deletion

You may be able to export certain Content using in-app tools where available.

Following cancellation or termination, we may disable access to your account and Content.

We may retain Content (including in backups) for a limited period for legal, security, dispute resolution, or technical reasons, and then delete or de-identify it in accordance with our data retention practices and the Privacy Policy, unless we are required to keep it longer by law.

12) Suspension and termination

13) Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified.

If you are a consumer, you may have rights to remedies (including repair, replacement, refund, or cancellation) in certain circumstances.

14) Disclaimers

To the maximum extent permitted by law, the Services are provided on an “as available” basis. We do not make warranties or representations that the Services will be error-free, uninterrupted, or fit for every purpose.

You are responsible for verifying outputs, reports, and statistics generated from Content you or your users provide.

This section is subject to the Australian Consumer Law section above.

15) Limitation of liability

To the maximum extent permitted by law (and subject to the Australian Consumer Law section above):

• EmuStats will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for loss of profits, revenue, goodwill, business opportunity, or data, arising out of or related to the Services.
• EmuStats’ total aggregate liability for all claims relating to the Services will not exceed the total fees paid by you to us for the Services in the 12 months immediately before the event giving rise to the claim.

You are responsible for maintaining appropriate backups of your Content where relevant.

16) Indemnity

To the maximum extent permitted by law, you agree to indemnify EmuStats and its officers, employees, and contractors against claims, damages, losses, and expenses (including reasonable legal fees) arising from:

• your Content;
• your breach of these Terms; or
• your misuse of the Services,

except to the extent caused by EmuStats’ own negligence or breach of these Terms.

17) Notices

We may provide notices to you via the Services, by email to the address on your account, or through other reasonable means.

You can contact us at the email address in the Contact section below.

18) Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

19) General

20) Contact

If you have questions about these Terms, contact us at [email protected].

Legal entity: Ecommercelab, New South Wales, Australia.