Terms | Umphire

Welcome to Umphire™ Pty Ltd (ABN 23 670 250 521)

These Terms of Use ("Terms") govern your use of the Umphire™ app and services ("Service"), which connects you with coaches and referees("Users"). By accessing or using our Service, you agree to be bound by these Terms and all applicable laws and regulations.

1. Description of Service

Umphire operates as a platform that facilitates connections between Users. We are not a direct provider of coaching, refereeing, or physiotherapy services. Our platform acts as a recruitment site, allowing Users to seek and offer services related to sports and physical education.

Indemnity Umphire's role is to facilitate connections between users and schools/clubs. Once a user has been selected, Umphire is not responsible for any loss, damage, claim, or liability arising outside the scope of the app. Schools and clubs are the sole decision-makers regarding appointments and any subsequent activities.

2. User Eligibility and Responsibilities

Manage and fulfil all tax obligations independently. Users receiving payments for services offered through Umphire™ are responsible for all matters related to income reporting and tax compliance. Referees and coaches using our platform are deemed as hobbyists and must comply with all ATO guidelines around tax responsibilities.

Users may also be required to ensure that they hold any necessary qualifications, certifications, or licenses required to perform their roles in their respective jurisdictions. Each party represents and warrants to the other that it has the right, power and authority to enter into the Agreement and grant to the other the rights (if any) contemplated in the Agreement and to perform its obligations under the Agreement.

2.1 Payments

Payments for completed sessions are typically processed within 1–4 working days upon successful completion and confirmation by the organisation. Funds will be transferred directly to your nominated bank account via your Stripe Express account, which you will be prompted to set up during onboarding.

3. Independence of Users

Decisions regarding the appointment and engagement of coaches, referees, and physiotherapists are solely at the discretion of Users. Umphire™ bears no responsibility for the outcomes of such decisions. Users are encouraged to conduct their own due diligence to ensure the suitability, child safety compliance checks and credibility of individuals they choose to engage with before any job, session is undertaken.

4. User Conduct

Users agree to use the Service responsibly and legally. The following behaviours are prohibited:

Engaging in fraudulent or illegal activities.
Misrepresenting oneself or one's qualifications.
Infringing upon the rights of others.
All Profiles submitted must be accurate, complete, up-to-date, and truthful. Profiles must include all required fields and must not be misleading. You are prohibited from impersonating any individual, living or deceased.

5. Liability Limitation

Umphire™ is not liable for any loss, damage, injury, or fines incurred as a result of using the Service. This includes, but is not limited to:

Injuries sustained by Users or third parties during activities arranged through our Service.
Disputes between Users.
Any damages resulting from the use of our platform.

Users are responsible for obtaining their own insurance coverage appropriate to their roles and activities.

6. To use Umphire, clubs and schools must ensure they have sufficient funds available to fulfil payments to their coaches and referees.

7. Intellectual Property

All content provided on the Umphire platform, including but not limited to text, graphics, logos, and software, is the property of Umphire™ or its licensors and is protected by copyright and other intellectual property laws.

8. Termination and Suspension

Umphire™ reserves the right to suspend or terminate a User's access to the Service for any breach of these Terms without notice or liability.

9. Changes to Terms

Umphire™ reserves the right, at its sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

11. Contact Us

If you have any questions about these Terms, please contact us through our designated support channels.

12.Job and sessions Postings:

Recruiters must ensure all job postings for coaching or officiating services are genuine and accurately reflect their needs.

l. Job Advertisement Availability
We do not guarantee the ongoing availability of any specific job listed on Umphire's websites and apps. We are not responsible if an organisation fills a position before the job listing is removed from our platforms. While we strive to ensure that advertised positions represent genuine vacancies, we cannot guarantee that every job listing reflects an actual, available opportunity.

13.Payment Responsibility:

Recruiters are responsible for ensuring adequate funds are available in their account to pay for coaching or officiating services booked through the platform should you be paying applicants.

13.1

You may be required to use third-party tools or products, such as the payment gateway Stripe, to access full functionality of the App or to facilitate specific services (Third-Party Products). It is your responsibility to decide whether to use, link to, or install any Third-Party Products. Umphire does not provide any warranties regarding Third-Party Products and is not responsible for their supply, any defects, or any adverse impact they may have on your use of the App. Additionally, Umphire is not liable for how the providers of these Third-Party Products handle any data you choose to share with them.

13.2

IIf an organisation invites you to join or connect with them via the App, you may be required to agree to their organisation-specific terms and conditions before proceeding. These organisation-specific terms:

(a) apply exclusively between you and the organisation (Umphire is not a party to these terms and does not establish or enforce them);
(b) are relevant only to your engagement with that organisation and may address aspects such as codes of conduct, membership requirements, and privacy policies (e.g., how the organisation handles data you provide through Umphire); and
(c) do not alter, override, or limit these Terms, which govern your relationship with Umphire.

13.3

You are responsible for all fees and charges imposed by the payment gateway provider (Stripe) and your financial institution for any transactions processed through the App or payment gateway. This includes fees and charges incurred for returned or denied payments, as well as those arising from requests for cancellations or refunds of a charge.

14. Cancellations:

Schools and clubs should provide reasonable notice if they need to cancel or reschedule a coaching session or officiating job, respecting the time and commitment of the coach or referee.

15.Feedback and Accountability:

Clubs and Schools are encouraged to provide constructive feedback and adhere to the community guidelines to maintain a respectful and professional environment for coaches, referees, and other users of the platform.

15.1. App Changes

Umphire may update, maintain, optimize, back up, modify, add or remove features, redesign, enhance, or otherwise alter the App from time to time (applying these changes broadly to the App and all users).

16. Account management - Passwords Security Stripe
a. When creating an account on our websites or apps, you will be required to set up a password. Alternatively, if you're registering a Candidate account, you may choose to sign up using your email address credentials (“Login Details”). To protect against fraud, it is essential to keep your Login Details private and not share them with anyone. If you suspect any unauthorized access to your Login Details or detect any security breach, you must inform us immediately.

b. In cases where we suspect a potential security issue or misuse of our websites or apps, we may ask you to update your Login Details or, if necessary, suspend your account.

c. You are fully accountable for ensuring the confidentiality of your Login Details. Additionally, you bear full responsibility for any actions taken through your account. You can update your password at any time via the 'Settings' section. Services linked to your account can also be removed at your discretion.

d. Users must adhere to Stripes terms and conditions including account management. Users wishing to permanently delete express Stripes accounts must do so by requesting directly with Stripe.

17. Subscription terms

By purchasing a yearly membership with Umphire, you agree to the following terms:

Your membership is valid for 12 months from the date of payment. It does not automatically renew unless you choose auto-renewal during purchase. If auto-renewal is active, you will be charged on the renewal date unless you cancel before that time.

Membership fees are charged upfront and are non-refundable, except as required by law. All fees are listed in AUD and may include applicable taxes.

Your membership includes access to benefits as described at the time of purchase. These may change over time, and we reserve the right to modify or discontinue features or services with reasonable notice.

Membership is non-transferable and linked to your account. You are responsible for keeping your login secure. Any misuse may result in suspension or termination without refund.

We may update these terms at any time. Continued use of your membership after changes means you accept the new terms.

Our liability is limited to the amount you paid for your membership in the 12 months before any claim. We are not responsible for indirect or incidental damages.

These terms are governed by the laws o Australia. For any questions, contact us at admin@umphire.com.au

Effective Date: 2/3/2024

By signing up to Umphire™ you agree to all the terms of use above.