iSponsor USA, Inc
1. How these Website Terms work
Now for some legal stuff. The website https://isponsor.co (“Website”) and its associated features and applications are owned and operated iSponsor USA, Inc. or by iSponsor Australia Pty Ltd ABN 98 639 490 869 (as applicable, “iSponsor,” or “we,” “us “or “our”).
We also have terms and conditions (“T&Cs”) that apply once you have entered into an agreement with us. You will have to comply with the relevant T&Cs in addition to these Website Terms. Different T&Cs will apply to you depending on whether you are a ‘Customer’, a ‘Sponsor’ or an ‘Organization’ (each as defined below), as we have different T&Cs in place depending on how you interact with iSponsor. For example, if you are visiting our Website on behalf of a business that has signed up with us as a Sponsor, then (1) you are a legend for helping out and (2) the Sponsor T&Cs will apply to you. If you are unsure which version of the T&Cs may apply to you, then let us know and we will sort out any confusion.
If you are not a Customer, Organization or Sponsor (e.g. if you are just checking out our Website and you have not already signed up via our App to get on board with our movement), then the Customer T&Cs will apply to you. Our Customer T&Cs are designed for members of the public who sign on via our App, and we think they are the best fit for you.
We need you to agree to these Website Terms prior to continuing to access our Website so we can comply with relevant laws, and agree on how you may use the Website. Unfortunately, if you do not agree and accept these Website Terms, then you must not use our Website and must not sign up with us (or create an Account) via the Website. If you do use, access or link to our Website, create an Account with us or post on our social media pages, then you are agreeing to these Website Terms and the relevant set of T&Cs.
However (and just to be clear), we are not bound by our T&Cs unless you complete the relevant account creation or onboarding process set out in the T&Cs that apply to you. Once we have entered into an agreement with you per the applicable set of T&Cs, the T&Cs will set out our obligations to you.
You should check this page regularly to take notice of any changes that have been made to these Website Terms and T&Cs. If you continue to use the Website after we change these Terms, we are presuming that you approve of the changes.
2. Jargon we use
Your account with iSponsor created via our Website or via the App, subject always to the applicable T&Cs.
Amounts given to an Organization by a Sponsor as a result of a Customer purchasing goods, services or other products from that Sponsor in the manner specified in the applicable T&C.
A person who has created an account with us via our App or is using the Website other than on behalf of a Sponsor or Organization.
iSponsor, we, us, our or similar expressions
iSponsor USA, Inc. In contexts where such usage would not extend liability to them, this also includes our directors, officers, employees, agents and any third party (other than you) that we have an agreement with in relation to the Website.
Any other websites, platforms or pages (including social media pages) which are not operated by iSponsor that may be linked or referred to in any part of iSponsor’s App and/or Websites from time to time, including any information published on such other websites.
An organization (which may be a club, charity, charitable trust, not-for-profit or any other organization or person) who we have an agreement with to receive Contributions These entities may be referred to as ‘Groups’ on our Website.
A business who has an agreement with us (including via an intermediary) to provide them with marketing services from time to time, and who may make Contributions to Organizations via our platform from eligible purchases made by Customers with the business, including anyone who is proposing (or has applied) to be a ‘Sponsor’ with us. These entities may be referred to as ‘Businesses’ on our Website.
iSponsor’s standard terms and conditions in effect from time to time that are applicable to Organisations (if you are an Organisation or accessing our Website as or on behalf of an Organisation), Sponsors (if you are a Sponsor or accessing our Website as or on behalf of a Sponsor), or Customers (if you are a Customer or are accessing our Website other than as an Organisation or Sponsor), which are available on request.
You, your or any similar expression
The person using the Website and includes a reference to any Customer, Sponsor or Organization on whose behalf you are using the Website or its functions.
This includes a reference to our website https://isponsor.co, any other website or domain name operated by us and the associated features and applications made available via those websites. It also includes a reference to any of our social media pages or any mailouts or direct marketing sent to you, unless that additional usage does not make sense in context.
3. Making changes
Our business is always growing and evolving, and getting better day by day. Due to this, we may need to make quick changes to these Website Terms . We have the right to change and replace these Website Terms or any of the services or functionalities of the Website or our App at any time, with or without notice.
Any changes to these Website Terms will be effective immediately upon publication on the Website, so please check back on this page each time you use our Website to see if anything has changed. We have details of when these Website Terms were last changed at the top of the page, for your reference. If you continue using the Website or App following any changes, you will be bound by the changes and any updates to these Website Terms.
4. Access to the Website
We only provide access to the Website on a temporary basis, so we may withdraw, amend or restrict access to the Website, any services provided via the Website or some parts of the Website without letting you know beforehand. We will not be responsible if the Website is unavailable at any time, even if it is our fault (or our IT bloke’s fault). Also, any products or services offered on the Website are only made to those who can make legally binding contracts. Individuals under the age of 18 years old are not allowed to access this Website for any reason, and, as stated below, individuals under the age of 18 cannot create an Account.
We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
5. Information about others
Information about products or services available on the Website (or in our mailouts, such as emails we send you about special offers) may be based on things we have been told by third parties, such as Sponsors, merchants, suppliers, product manufacturers or Organizations. For example, our Website might have information about great things a sporting club has told us they are doing, or a mailout may show off a new product or offer made by a Sponsor that they have told us about.
Unfortunately, we cannot fact check what these third parties tell us, as that would get in the way of great things that we are achieving in the community. As a result, we cannot guarantee that any information, offers or other things that are stated on our Website or in any mailouts that relate to third parties is accurate and up to date, so you have to check this directly with the third party. Except as required by law, iSponsor will not be responsible for inaccuracies or errors caused by incorrect information supplied to us by third parties.
As outlined in our T&Cs, we do not supply any products or services that are displayed on the Website or in the App (rather the Sponsor provides the products or services directly to you). We do not test any product that may be displayed on the Website, in our App or in mailouts so you agree we are not responsible if the product or service is not as advertised or doesn’t do what the Sponsor claimed it would do. You should speak to the Sponsor directly about any issues with things you have bought from them or any information provided on the Website, in mailouts or in the App in relation to a Sponsor.
Due to photographic and screen limitations associated with the representation of products on the Website (or in mailouts or the App), some actual products sold by Sponsors may differ in visual appearance from the way they appear on the Website or in mailouts. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received. We try to keep our Website up to date, both regarding Sponsor products, but we are not liable in any event for out of date information and you must resolve any products or service-related issues (including pricing issues) with the Sponsor.
6. Creating an Account
To access some features of the Website or to use the App, you must register an Account with us. At the date of these Website Terms, only Organizations can create an Account via the Website. If you are a Customer and want to use our platform, then you will have to download our App (available in the App Store and on Google Play) and complete the onboarding process via the App to create an Account.
You are not allowed to register an Account if you are under 18 years old. You also cannot register more than one Account or use another person’s Account without their express permission and our permission. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. iSponsor is not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. If we suspect something is awry, may refer potentially fraudulent, abusive or illegal activity to the relevant authorities and terminate, freeze, or otherwise limit access to the Website, your Account or other iSponsor services. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact us immediately, and take immediate steps to re-secure your Account (including by changing your password). iSponsor is not responsible for illegal activity, unauthorized access, or breaches of personal information due to any third party accessing your Account or carried out by you.
7. Linked Sites
As our business works by bringing people together to create great things, the Website and our mail-outs may contain links or references to third party websites, other pages or information and Linked Sites that are not operated by us or under our control. As iSponsor has no control over these things (including Linked Sites), we are not responsible for them, your accessing them, or any loss or damage that may arise from your use of them.
Your use of the Linked Sites will still be subject to these Website Terms to the extent they impose obligations on you (for example, you agree not to engage in any criminal offence on a Linked Site), as well as the terms of service or use of the relevant Linked Site.
8. Your privacy
9. Things you cannot do
When visiting, using or interacting with the Website (including when you post on any of our social media pages), you must not:
(a) commit or encourage a criminal offence;
(b) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(c) hack into any aspect of the Website or its services (including by interfering with security-related or other features of the Website) or exceed your authorization in accessing any portion of the site, any other Account, or any third party website using our Website;
(d) corrupt data or cause annoyance to other users or iSponsor;
(e) infringe any other person’s rights, including any of their Intellectual Property Rights;
(f) send any unsolicited advertising or promotional material, commonly referred to as “spam”;
(g) attempt to affect the performance or functionality of the Website or any computer facilities of, or accessed through, the Website; or
(h) use data mining, robots, screen capping or similar data gathering or extraction tools on the Website.
(i) pretend to be a representative of iSponsor, any Organization, any Sponsor, or any Account-holder other than yourself.
Any breach of the above obligations may constitute a criminal offence and we may, in our discretion, report any such criminal offence to the relevant law enforcement authorities, disclose your identity and personal information to them as may be required or permitted by law, and limit access, suspend or delete your Account or access to the Website.
We are not responsible for how you use the Website. Accordingly, you agree to indemnify, hold harmless and defend (if we ask) iSponsor (including its directors, officers, employees, consultants, agents, and affiliates) from any and all liabilities, costs, expenses, claims or other obligations that we incur in connection with you breaching your obligations in these Website Terms.
We will also not be liable for any liability, loss, cost, expense, claim or other obligation caused by your use of the Website, any distributed denial-of-service attack, data breach, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, visiting any Linked Sites, following any links in our mailouts, or you downloading or interacting with any material made available from these sources.
10. Intellectual property, software and content
We are proud of our brand and the work that is put into our Website. The Website and the contents on the Website contains items we own which have associated copyright, trademark, patent and other intellectual property rights (including but not limited to know-how and trade secrets) (“Intellectual Property Rights”). Unless stated otherwise, these Intellectual Property Rights are owned by, or licensed to, iSponsor; and, in any event, are not owned by or licensed by you.
The Intellectual Property Rights in all software and content (including photos and videos) made available to you on or through the Website (including on our social media pages and mail-outs) remain the property of iSponsor, the relevant Sponsors, Organizations, or their licensors, and all such rights are reserved. If we agree, you may store, print and display the content supplied solely for your own personal use (but we cannot agree to give rights to you that we ourselves do not have). You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website (including those relating to Sponsors or Organizations) and you cannot use any of these things in connection with any business or commercial enterprise.
Except where we clearly state otherwise, all people (including their names and images), third party trademarks and content, services and locations featured on the Website are in no way associated, linked or affiliated with iSponsor and you should not rely on the existence of such a connection or affiliation when dealing with us or using the Website. Any trademarks or names featured on the Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to iSponsor.
11. Things we are not responsible for
Subject to any consumer guarantees or other protections that we cannot exclude by law, the material displayed on the Website or in mailouts is provided without any express or implied guarantees, conditions or warranties.
To the fullest extent permitted by law, iSponsor excludes all warranties and other terms which might otherwise be implied by law and we will not be liable for any claims, liabilities, losses, costs, charges or expenses (including costs and legal fees on an indemnity or other basis) or other damages (including but not limited to any special, indirect, consequential or punitive damages, lost profits, lost revenues , loss of use, loss of data or other intangibles, damage to goodwill or reputation, the cost of procurement of substitute goods and services, or other incidental damages, even if we have been notified of the possibility of same), arising out of or related to the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted on those sites, in mailouts or otherwise, even if the damages were foreseeable or arise in contract, tort, equity, statute or otherwise. Please note that this does not affect our liability to the extent it cannot be excluded or limited by law.
12. Linking to our Website
While we love having people promote the great things we are doing, it is best to check with our lovely marketing team before you do so. You may not link to the Website or any part of the Website without our permission or in a way that damages our reputation or takes advantage of it. You also cannot make or publish any links in a way that indicates any form of association, approval or endorsement on iSponsor’s part where none exists.
Any links (if we approve them) must be from a website that is owned by you and need to be done in a way that is legal and fair. While we are proud of our Website, the Website must not be framed on any other site and you cannot create a link to any part of the Website other than the home page (if we consent to you providing links that is). Where we agree to you linking to our Website, we reserve the right to withdraw linking permission at any time, for any reason, with or without notice.
13. Promotions and competitions
Who doesn’t love a good promotion, competition or prize? We may run promotions and competitions (including by offering sweet prizes) from time to time on our Website (including on our social media pages) and in mailouts. These are all subject to these Website Terms, the applicable T&Cs and any additional promotion-specific terms that we publish or refer to.
Promotion-specific terms may include conditions in respect of brands, purchase periods, purchase methods, minimum spend requirements (including bundle discounts), partner promotions, games of chance or games of skill. These promotion-specific terms may be included in email notifications (such as EDMs) of the promotion or they may be advertised on the Website. You should ensure that you read the specific conditions that apply to each promotion.
We want our promotions to be fair to everyone and all our promotions can only be participated in if you are acting in good faith. Without limiting any other terms applicable to any promotion, we reserve the risk to deny you the right to participate in the promotion (including the right to cancel or claw back any prize) if we are of the view that you are trying to exploit the promotion, you are in breach of the promotion-specific terms or where we consider it fair and reasonable to do so. If we exercise this right, we will do our best to adhere to the original conditions of the promotion and reallocate any prize to another person that did the right thing. We are not responsible or liable for any losses, damages, or claims in any way relating to any promotion or competition where the information provided by iSponsor was given to us by a Sponsor or any third party and we reasonably relied on said information; or (2) for any inadequacy, defect or issue whatsoever with any product, service, prize, award or benefit resulting from a promotion or competition obtained by, from, through, or for the benefit of any third party.
14. General provisions
We have some general wording in our applicable T&Cs that is included in contracts that we have not set out in full in these Website Terms (to save you reading more legalese). The provisions of the T&Cs under the heading ‘General Provisions’ (or any similar heading) will be deemed to be incorporated into these Website Terms, with only such changes as are necessary to apply those provisions to your obligations and iSponsor’s rights under these Website Terms.
If any parts of these Website Terms are unenforceable (including any provision in which iSponsor excludes liability to you) the enforceability of any other part of these Website Terms will not be affected and all other provisions remain in full force and effect. As far as possible, where any wording (or part of it) is found to be unenforceable and can be severed to allow the remaining parts to be valid, the wording must be so severed. Alternatively, you agree that the wording must be amended and interpreted in that the manner that most closely resembles the original meaning of the wording intended by the parties.
These Website Terms are governed by the laws of the State of Delaware, United States without regard to its choice-of-law provisions and you irrevocably agree that you are subject to the exclusive jurisdiction of the courts of the State of Delaware, United States to the extent allowed by law and waive any objection which you may have to having suits brought in Delaware courts.
15. Final say
Thanks for taking the time to read these Website Terms. We appreciate that there is quite a bit of information here, but we have tried to make this easy for you to understand. As we mentioned above, if you have any queries or comments, just get in touch and we will help you however we can. As a reminder, in the event there is a conflict between these Website Terms and the applicable T&C, the applicable T&C shall control.
These Website Terms were last updated on 9 August 2022.