1. Who we are
Boost Sports Stats (Boost, the App, we, us or our) is operated by Inspiring Performance Limited, NZBN 9429032795882. Our postal address is PO Box 17183, Karori, Wellington 6012, New Zealand. You can contact us at info@boostsport.nz.
2. Accepting these Terms
You accept these Terms when you create a Boost account, select an acceptance option, access the App or continue to use the services after being given reasonable notice of updated Terms.
If you use Boost for a club, school, team, business or other organisation, you confirm that you have authority to accept these Terms for that organisation. In that case, references to “you” include both you and the organisation.
3. Eligibility and younger users
You must be at least 16 years old to create your own Boost account. If you are under 18, you confirm that you have permission from a parent or legal guardian to use Boost.
Coaches, managers, parents, guardians and other authorised adults may create or manage player profiles for younger players. They must comply with section 6 and our Privacy Policy.
4. What Boost provides
Boost helps users prepare teams, record scores and selected game actions, manage player positions, review team and player statistics, add coaching comments, monitor trends and share selected information.
Features may change as the App is improved. We may add, remove or modify features, provided we act reasonably and do not remove rights that cannot lawfully be excluded.
5. Your account
- You must provide accurate and current account information.
- You are responsible for protecting your sign-in details and for activity carried out through your account.
- You must tell us promptly if you believe your account or data has been accessed without authority.
- You may not sell, transfer or allow another person to take over your account without our written permission.
6. Team and player information
Boost allows an account holder to enter information about other people, including player names, photos, teams, positions, game statistics and coaching comments. Before entering or sharing that information, you must:
- have a lawful reason and appropriate authority or permission to do so;
- give the player, and a parent or guardian where appropriate, access to our Privacy Policy at or before the time their information is added, or as soon as reasonably practicable afterwards;
- only enter information that is relevant to legitimate team, coaching or performance purposes;
- take reasonable care that information is accurate, fair, respectful and not misleading; and
- avoid entering medical, disciplinary or other highly sensitive information unless it is genuinely necessary, lawful and appropriately protected.
You must promptly update, correct or remove player information when you no longer have authority to hold or use it through Boost.
7. Your content
You retain ownership of information, photos, comments and other material you upload or create in Boost (Your Content).
You give us a limited, non-exclusive, worldwide and royalty-free licence to host, store, copy, process, transmit, display and back up Your Content only as reasonably necessary to operate, secure, support and improve Boost, to follow your sharing instructions, and to comply with law. This licence ends when the content is deleted from our active systems, subject to reasonable backup, legal and record-retention requirements.
You confirm that you have the rights and permissions needed for Your Content and that it does not infringe another person’s rights.
8. Sharing and exports
Some features may let you share reports, statistics or comments with players, team members or other recipients. You are responsible for choosing appropriate recipients and checking information before sharing it.
Once information is exported, copied or shared outside Boost, the recipient may retain it. We cannot control information after it has left our systems, although privacy and other laws may continue to apply to the recipient.
9. Acceptable use
You must not use Boost to:
- break any law, court order or sports body requirement that applies to you;
- harass, bully, threaten, shame, discriminate against or defame another person;
- collect, monitor or share personal information covertly or without proper authority;
- upload malicious code or interfere with the security, integrity or performance of the App;
- gain unauthorised access to an account, server, network or data;
- scrape, copy, reverse engineer or automatically extract the App or its data except where the law expressly permits this; or
- use Boost or its content to build or train a competing product without our written permission.
10. Statistics and coaching decisions
Boost is a practical recording and analysis tool. Its outputs depend on the information users enter and may contain mistakes, omissions or subjective assessments. Boost statistics are not guaranteed to be official competition records.
Boost does not provide medical, health, safeguarding, legal or professional coaching advice. Coaches, managers and users remain responsible for player welfare, safe participation, official scorekeeping and their own decisions.
11. Availability, maintenance and data connection
We use reasonable care and skill in providing Boost, but we do not promise that it will always be available, uninterrupted or error-free. Availability can be affected by maintenance, device compatibility, internet or mobile coverage, app-store services, hosting providers and events outside our reasonable control.
You are responsible for your device, internet connection and any data charges. Where Boost supports local or offline use, some features may still require a connection to synchronise, share or restore data.
12. Subscriptions, purchases and renewals
Boost may offer free and paid features. Prices, billing periods, trial terms and whether a subscription renews automatically will be shown before purchase.
If you purchase through the Apple App Store or another app marketplace, that provider processes the payment and its billing terms also apply. You must manage cancellation through the same provider unless the purchase screen tells you otherwise. Deleting the App does not automatically cancel a subscription.
If we offer a direct purchase, the checkout information shown at the time of purchase will apply. Prices include GST where stated or required.
13. Cancellation and refunds
You may stop using Boost at any time. Cancelling a subscription normally prevents the next renewal while allowing access until the end of the paid period, subject to the marketplace or purchase terms.
Refund requests for app-store purchases must usually be made to the relevant app-store provider. For direct purchases, contact us. Refunds and other remedies remain available where required by the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable law.
14. Our intellectual property
Boost, including its software, design, branding, logos, text, graphics and underlying systems, is owned by or licensed to Inspiring Performance Limited and is protected by intellectual-property laws.
We give you a limited, personal, non-exclusive, non-transferable and revocable right to use Boost for its intended purpose while you comply with these Terms. No other rights are transferred to you.
15. Third-party services and links
Boost may rely on or link to third-party services such as app stores, hosting, payment, email, push-notification, analytics or support providers. Their own terms and privacy practices may apply. We are not responsible for an independent third party’s acts or omissions except to the extent the law makes us responsible.
16. Privacy
Our Privacy Policy explains how we collect, use, store and disclose personal information, including player information entered by coaches or managers. It also explains how a person can request access, correction or deletion.
17. Suspension, termination and account deletion
You may request account deletion through the account settings in the App or by contacting us. Subscription cancellation and account deletion are separate actions.
We may restrict, suspend or close an account where reasonably necessary to address a material breach of these Terms, non-payment, unlawful conduct, security risk, harm to another person, misuse of personal information or risk to Boost or its users. Where appropriate, we will give notice and a reasonable opportunity to fix the issue.
After termination, provisions that are intended to continue—such as intellectual property, liability, dispute and lawful data-retention provisions—will remain in effect.
18. New Zealand consumer rights
Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy under the Consumer Guarantees Act 1993, Fair Trading Act 1986, Privacy Act 2020 or any other law where it would be unlawful to do so.
If you acquire Boost for the purposes of a business and the law permits contracting out of the Consumer Guarantees Act, any contracting out must be fair, reasonable and agreed in writing. These Terms do not by themselves contract out of that Act.
19. Disclaimers and liability
To the maximum extent permitted by law, we are not liable for indirect, special or consequential loss, loss of opportunity, loss of profits, or loss caused by inaccurate user-entered information, an unauthorised sharing decision, device failure or a third-party service outside our reasonable control.
To the maximum extent permitted by law, our total aggregate liability arising from Boost or these Terms will not exceed the greater of NZD 100 and the total amount you paid us for Boost during the 12 months before the event giving rise to the claim.
The limits above do not apply to liability that cannot lawfully be limited, or to our fraud, wilful misconduct or other liability for which exclusion would be unlawful.
20. Responsibility for serious breaches
To the extent permitted by law, you are responsible for loss reasonably suffered by us or another person as a direct result of your deliberate or material breach of sections 6, 7 or 9, including uploading or sharing personal information or content without the authority you said you had. This section does not make you responsible for loss caused by us or for matters outside your reasonable control.
21. Changes to these Terms
We may update these Terms to reflect changes to Boost, law, security or business practices. We will publish the revised date and, for a material change, use reasonable steps to notify account holders before or when the change takes effect. Changes will not apply retrospectively where doing so would be unfair or unlawful.
22. Disputes and governing law
These Terms are governed by New Zealand law. We encourage you to contact us first so we can try to resolve a concern promptly. This does not prevent you from using any court, tribunal, consumer, privacy or regulatory process available to you.
Unless mandatory law provides otherwise, New Zealand courts have non-exclusive jurisdiction.
23. General
If a provision is found unlawful or unenforceable, it will be read down or removed only to the extent necessary, and the remaining provisions will continue. A delay in enforcing a right is not a waiver. You may not assign your rights under these Terms without our consent. We may transfer these Terms as part of a genuine business transfer, provided your legal rights are not reduced.
Contact
Inspiring Performance Limited
NZBN 9429032795882
PO Box 17183, Karori, Wellington 6012, New Zealand