This Organisation Agreement is the contract between you, the organisation running cricket training on NetCaptain, and us. It sets out how you may use NetCaptain, what you and we are each responsible for, the fees, how we handle the personal information you put into NetCaptain, and the legal terms that frame the relationship.

We have written this agreement in plain language so that it can be read and understood without specialist help. The legal substance is here in full; the framing is intended to make it usable.

If you also want to read our user-facing terms or our privacy practices, see our Terms of Use and Privacy Policy.

This Organisation Agreement is between Net Captain Pty Ltd (ACN 697 458 281), with its registered office at Level 1/14-16 Yarra St, South Yarra VIC 3141, Australia, and the organisation that has signed up to use NetCaptain to run cricket training.

We refer to ourselves throughout as "NetCaptain," "we," or "us." We refer to the organisation as "you" or "your." An organisation may be a cricket club, a school, an academy, a county or district association, or any other body running cricket training; the agreement applies the same way to each.

By signing up to NetCaptain, by using NetCaptain on behalf of an organisation, or by managing a roster or sessions through NetCaptain on behalf of an organisation, you confirm that you are authorised to enter into this agreement on the organisation's behalf, and that the organisation accepts these terms. Where you are signing up as an individual operating in your own right, "the organisation" means you in that capacity.

This agreement is intended for organisations using NetCaptain in the course of their activities. It is not intended for use by consumers in a personal capacity.

This agreement forms part of the broader set of terms that govern your use of NetCaptain:

Our Sub-processors page is a factual disclosure list that the Data Processing Addendum refers to. It is updated as our sub-processors change.

In the event of any inconsistency between these documents, the order of precedence is: this Organisation Agreement (including the DPA in Part 4) prevails over the Terms of Use, which prevails over the Privacy Policy.

Where used in this agreement, the following terms have the meanings given:

To create an organisation on NetCaptain, you must be at least 18 years of age, must have authority to bind the organisation you represent, and must provide accurate and complete information about yourself and your organisation. You must keep that information up to date.

You are responsible for keeping your account credentials secure, for activity that takes place under your account, and for the actions of any Coaches you authorise. You must remove a Coach's access promptly when they no longer need it.

We may decline to accept a registration, or suspend or close an account, where we have reasonable grounds to do so, for example if information provided is inaccurate, if we suspect fraud or misuse, or if the registration is from a person or entity we are not permitted to deal with under sanctions or other applicable laws.

We make the NetCaptain Platform available to you for the purpose of running cricket training. We will use commercially reasonable efforts to keep the NetCaptain Platform operating and to provide a service that meets the description on our website.

We do not warrant that the NetCaptain Platform will always be available or free of errors. We may need to take the NetCaptain Platform offline for maintenance or because of issues affecting our sub-processors; where we plan maintenance, we will give reasonable advance notice where we are able to do so.

Support is provided through the channels published from time to time on our help pages. We aim to respond to support requests within reasonable timeframes during our standard support hours.

From time to time we may offer free trials, free plans, promotional pricing, or other offers in connection with NetCaptain. The terms of any such offer will be set out at the time we make it available. Free trials and promotional offers are provided as-is and may be modified, discontinued, or converted to paid use on the terms specified at the time.

NetCaptain is charged as a subscription, on the plans and prices set out on our pricing page or in any specific arrangement we have agreed with you in writing.

Subscription payments are processed by Stripe. You will be asked to provide a payment method through Stripe's checkout; card details go directly to Stripe and are never held by us. You can manage your subscription, payment method, and invoices through the billing portal in the console. If a subscription payment fails and is not remedied within a reasonable period after we notify you, we may downgrade or suspend the paid features of your account until payment is made.

We may change our fees from time to time. Where we do, we will give at least 30 days' notice before changes take effect. Continued use of NetCaptain after that date constitutes acceptance of the changed fees.

You are responsible for any taxes payable on the fees we charge you (including GST, VAT, or equivalent), other than taxes based on NetCaptain's own income.

NetCaptain does not process payments between you and your Players. Any subscriptions, match fees, or other amounts your Players pay you are collected outside NetCaptain and are entirely your responsibility.
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When you run your organisation on NetCaptain, you are responsible for the training itself, your relationships with your Players and Guardians, and the content you put into the platform. Specifically:

You must not use NetCaptain to do anything illegal, harmful, or harassing, and you must comply with our Terms of Use when interacting with the NetCaptain Platform. In addition, you must not:

We may suspend access or remove content where we consider, on reasonable grounds, that your use of NetCaptain breaches this section or presents a risk to Players, Guardians, other organisations, or NetCaptain. Where we take such action, we will give reasons.

Your Players and Guardians use NetCaptain under our Terms of Use. Their relationship in respect of the cricket is with you, not with NetCaptain: you are responsible for the training and for your decisions, and NetCaptain provides the platform. Nothing you communicate to your Players or Guardians may create obligations for NetCaptain or imply that NetCaptain is responsible for your training.

You retain ownership of Your Content. By putting content into NetCaptain, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, transmit, display, reproduce, and adapt that content as necessary to provide the NetCaptain Platform to you and to your Players and Guardians. This licence ends when you remove the content from NetCaptain or close your account, except to the extent necessary for us to retain copies for legal, audit, or backup purposes.

You warrant that you have the rights, and where section 8 requires it the authority, to put Your Content into NetCaptain, and that doing so will not infringe the rights of any third party. You are responsible for the content you put in, and we may remove content that breaches this agreement or that we are required to remove by law.

We may use aggregated or de-identified information about the use of NetCaptain, including aggregated session and usage patterns, for our own purposes, including to operate, improve, and market NetCaptain. Aggregated and de-identified information does not identify you, your organisation, or any individual Player or Guardian. We will not share information that identifies you or your Players other than as set out in this agreement and the Privacy Policy.

If you give us feedback, ideas, or suggestions about NetCaptain, you grant us a perpetual, royalty-free, worldwide right to use that feedback without obligation or compensation to you.

We may identify you as an organisation using NetCaptain in case studies, customer lists, and marketing material. If you would prefer that we did not, please contact us at [email protected] and we will stop using your name in new material as soon as reasonably practicable.
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This Part 4 is the Data Processing Addendum (the "DPA") that governs how NetCaptain processes Personal Data on behalf of your organisation. It is part of this Organisation Agreement and is incorporated by reference whenever this agreement is accepted.

If you require a standalone copy of this DPA, for example for your records, for a procurement or safeguarding review, or to provide to a regulator, please contact us at [email protected].

In this DPA:

When NetCaptain Processes Personal Data that you have collected from Players and Guardians or otherwise put into the NetCaptain Platform in connection with your training, you are the Controller of that Personal Data and NetCaptain is your Processor. This DPA applies to that Processing.

For Personal Data that NetCaptain collects in its own right (for example, your Coaches' account information, billing information, your use of NetCaptain, and each user's own login and profile), NetCaptain is the Controller. The Privacy Policy applies to that Personal Data and this DPA does not.

The subject-matter of the Processing is the operation of the NetCaptain Platform in accordance with this Organisation Agreement.

The duration of the Processing is the term of this agreement and any post-termination period during which NetCaptain retains Personal Data in accordance with section 24.

The nature and purpose of the Processing is to enable you to run cricket training on NetCaptain, including: holding your roster, planning and publishing sessions, collecting RSVPs and availability, routing notifications to Players and Guardians, providing reporting, providing support, and operating the NetCaptain Platform.

Personal Data Processed under this DPA may include:

Data Subjects include your Players, their Guardians, and your Coaches to the extent their details are shared with Players (for example, a contact name shown in the app). Data Subjects include children. Many Players will be under 18, and the platform's guardian routing exists for that reason; your obligations for junior Players are set out in section 8.

You must not put Sensitive Information (for example, health or medical details) into the NetCaptain Platform unless this is necessary for the purposes of your training and you have a lawful basis for doing so.

NetCaptain will:

You generally authorise NetCaptain to engage additional or replacement Sub-processors to Process Personal Data on your behalf. NetCaptain maintains a current list of Sub-processors at NetCaptain Sub-processors, and gives notice of additions or replacements by updating that page. You are responsible for reviewing the page from time to time.

You may object on reasonable grounds to a new Sub-processor by giving NetCaptain written notice at [email protected]. If NetCaptain is unable to accommodate your objection, you may terminate this agreement on reasonable notice.

NetCaptain remains liable to you for the acts and omissions of its Sub-processors as if they were NetCaptain's own acts and omissions, and ensures that each Sub-processor is bound by data protection obligations no less protective than those in this DPA.

You may verify NetCaptain's compliance with this DPA, no more than once per year (except where Applicable Data Protection Laws or a regulator require otherwise), by:

Where the documentation above is not sufficient to verify compliance, you may request an audit, which will be conducted on reasonable advance notice, during business hours, in a manner that does not unreasonably interfere with NetCaptain's operations, and at your cost. Audits must be conducted by you or by an independent auditor bound by appropriate confidentiality obligations.

NetCaptain maintains administrative, physical, and technical safeguards designed to protect Personal Data from unauthorised access, disclosure, alteration, loss, and destruction. These include encryption of Personal Data in transit, row-level access controls enforced in the database, role-based access within each organisation, logging and monitoring of key systems, vendor due diligence and contractual protections with Sub-processors, regular review of security practices, and incident response procedures including breach notification.

NetCaptain does not store payment card data on its own systems. Subscription payments are collected directly by Stripe and handled under Stripe's own security and data protection arrangements, including its Payment Card Industry Data Security Standard (PCI DSS) certifications. No Player or Guardian payment data is processed under this DPA, because NetCaptain does not process payments between you and your Players.

Personal Data Processed under this DPA may be transferred to, and stored or otherwise Processed in, countries outside Australia and the United Kingdom in the course of providing the NetCaptain Platform. The countries in which each Sub-processor operates are listed on our Sub-processors page.

Where Personal Data is transferred from Australia or the United Kingdom to a country whose data protection laws differ from those applicable in the country of origin, the parties rely on appropriate safeguards, including:

You are responsible for responding to Data Subject rights requests made by Players, Guardians, and other Data Subjects whose Personal Data you Process. NetCaptain will assist you in responding to those requests, taking into account the nature of the Processing, by providing access to the relevant Personal Data through the NetCaptain Platform and, where you reasonably require it, providing further information or taking specific actions on your instructions. A Guardian may exercise rights on behalf of a Player in their care.

Where a Data Subject contacts NetCaptain directly with a rights request that relates to Personal Data we Process on your behalf, we will refer the Data Subject to you and notify you, except where Applicable Data Protection Laws require us to act otherwise.

On termination or expiry of this agreement, NetCaptain will, at your choice, return or delete the Personal Data Processed on your behalf, except where retention is required by Applicable Data Protection Laws. NetCaptain will provide an export of Your Content and the associated Personal Data on request within 30 days of termination, after which NetCaptain may delete Personal Data from its production systems. Deleted records may persist for a short time in routine backups until those age out.

During the term, your Coaches can erase a Player's record at any time through the NetCaptain Platform; that removes the record and the contact details on it, including a Guardian's.

This section operates in addition to your rights under sections 28 and 29 (termination and post-termination provisions).
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Each party (the "Receiving Party") may have access to information of the other party (the "Disclosing Party") that is identified as confidential, or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Confidential Information of NetCaptain includes the non-public details of the NetCaptain Platform, our pricing (where not publicly listed), and our roadmap. Confidential Information of yours includes Your Content (other than the parts of Your Content visible to your Players and Guardians through the ordinary operation of the platform) and your organisation's plans.

Each party will:

This section does not apply to information that: is or becomes publicly known through no breach of this section; was known to the Receiving Party before disclosure; is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information; or is required to be disclosed by law or by a court or regulator with appropriate authority.

This section survives termination of this agreement for five years.

NetCaptain, including all software, design, branding, and content that we make available through the NetCaptain Platform, is owned by us or our licensors, and is protected by intellectual property laws. We grant you a non-exclusive, non-transferable, non-sublicensable licence to use the NetCaptain Platform during the term of this agreement, in accordance with this agreement, for the purpose of running your organisation.

Subject to section 11, you retain ownership of Your Content. You retain ownership of all other intellectual property associated with your organisation.

We retain ownership of any improvements, modifications, or derivative works of the NetCaptain Platform, including any features developed in response to your feedback or use.

You must comply with all laws applicable to your use of NetCaptain and to your organisation's activities, including consumer protection laws (in Australia, the Australian Consumer Law), privacy and data protection laws, anti-spam laws, work health and safety laws, child safety and safeguarding laws, and any sanctions or trade-control laws that apply to you or your organisation.

You confirm that neither you, nor your organisation, nor (to your knowledge) anyone you authorise to use your account, is on a sanctions list maintained by the Australian Government, the United Nations, the United States, the United Kingdom, or the European Union, and that your use of NetCaptain does not violate sanctions or trade-control laws.

This agreement starts on the earliest of: (a) the date you accept it (typically by creating your organisation on NetCaptain); and (b) the date you first access or use the NetCaptain Platform on behalf of the organisation. It continues until terminated.

You may terminate this agreement at any time by contacting us at [email protected]. Termination is effective when we have processed your request. Termination does not entitle you to a refund of fees already paid for periods or services already provided, except where required by applicable consumer law.

We may suspend your access to the NetCaptain Platform or terminate this agreement on notice if:

We may also terminate this agreement, without cause, on reasonable notice (typically not less than 30 days), where we discontinue NetCaptain or materially change the nature of our service.

If your organisation's account has been dormant for at least 12 consecutive months (no sessions created, no roster activity, no logins), we may suspend or terminate the account on reasonable notice.

On termination of this agreement:

After the 30-day export period, we may delete Your Content and associated Personal Data from our production systems in accordance with section 24.

Nothing in this agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including:

Subject to the carve-outs above, NetCaptain's total liability to you in aggregate for any and all claims arising under or in connection with this agreement is limited to the greater of:

Subject to the carve-outs above, neither party is liable for indirect, incidental, special, consequential, or exemplary damages, including loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, or loss of data, in each case whether or not the party has been advised of the possibility of such loss.

This section governs all liability arising under or in connection with this agreement, including in contract, in tort (including negligence), and for breach of statutory duty.

You will indemnify and hold NetCaptain harmless against any claims, losses, costs, and expenses (including reasonable legal costs) arising from or relating to:

NetCaptain will give you reasonable notice of any claim covered by this section, allow you to control the defence of the claim (provided you do so in good faith and with appropriate counsel), and provide reasonable cooperation at your cost.

Neither party is liable for failure or delay in performing its obligations where the failure or delay results from circumstances beyond the party's reasonable control, including natural disasters, pandemics, acts of war or terrorism, government action, infrastructure or telecommunications failure, or sub-processor outages. The party affected must notify the other as soon as reasonably practicable and use reasonable efforts to resume performance. If a force majeure event lasts more than 30 consecutive days, either party may terminate this agreement without further liability.

We may update this agreement from time to time, including to reflect new features, changes in the law, changes in our pricing or business model, or improvements in clarity. Where we make material changes, we will post an updated version with a new "last updated" date and notify you by email at least 30 days before the changes take effect.

If you do not agree to the changes, you may terminate this agreement before the changes take effect by closing your account or by notifying us at [email protected]. Continued use of NetCaptain after the changes take effect constitutes acceptance of the updated agreement.

Notices. Notices under this agreement must be in writing. Notices to NetCaptain should be sent to [email protected] for general matters and to [email protected] for matters relating to data protection. Notices to you will be sent to the email address registered against your account.

Assignment. You may not assign or transfer this agreement without our prior written consent. We may assign this agreement to a successor in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Entire agreement. This agreement (including the documents listed in section 2) is the entire agreement between you and us in respect of its subject matter and supersedes any prior agreements or representations.

Severability. If any provision of this agreement is held to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.

No waiver. A failure or delay by either party in exercising a right under this agreement does not constitute a waiver of that right.

Independent contractors. The parties are independent contractors. Nothing in this agreement creates a partnership, joint venture, agency, or employment relationship between the parties.

Third parties. This agreement does not create any rights for any person who is not a party to it.

This agreement is governed by the laws of Victoria, Australia. The courts of Victoria have exclusive jurisdiction in respect of any dispute that cannot be resolved informally between the parties.

Net Captain Pty Ltd | ACN 697 458 281 | Level 1/14-16 Yarra St, South Yarra VIC 3141, Australia