Terms of engagement

1. Parties and interpretation

In these terms, we, us and Tivunorel mean Tivunorel Competition Intelligence Pty Ltd, a company incorporated in South Australia in 2013, ABN 45 123 456 789, with its registered office at Level 8, 108 King William Street, Adelaide SA 5000. You and the client mean the organisation that engages us, together with the individuals authorised to give us instructions on its behalf.

An engagement means a defined piece of work described in a scoping document or engagement letter accepted by both parties. Deliverables means the written reports, notebooks, models and briefings produced for that engagement. References to a statute include any successor legislation. Headings are for convenience only and do not affect interpretation.

2. Scope of services

We provide independent advisory and analytical services in sports performance data: evaluation of tracking and biometric systems, integration of tactical and event data, design of data infrastructure, competition benchmarking and commissioned research. Each engagement is fixed in scope. Work that falls outside the agreed scope is not implied and will be quoted separately as a written variation.

We are an advisory practice. We do not resell hardware or software licences, we do not act as a data broker, and we do not accept commission from technology vendors. Where an engagement recommends a third-party product, the contract for that product is a matter between you and the supplier.

3. Client responsibilities

Our conclusions depend on the completeness and accuracy of the material you provide. You agree to supply the agreed datasets and documentation in a usable form and within the agreed timetable, to nominate a single point of contact with authority to answer questions, and to tell us promptly of anything that materially changes the assumptions of the engagement.

You warrant that you are entitled to give us every dataset you transfer, that appropriate collection notices and consents are in place for the individuals described in it, and that transferring it to us does not breach any agreement with a league, governing body or technology supplier.

Where the timetable slips because material has not been provided, we may reschedule the engagement to the next available capacity window and, if the delay exceeds thirty days, invoice work completed to date.

4. Fees and payment

Engagements are quoted as a fixed fee for the agreed scope, or as a monthly retainer for continuing advisory work. Quoted amounts are in Australian dollars and exclusive of GST unless stated otherwise; GST is added at the prevailing rate where applicable.

5. Confidentiality

Each party must keep the other's confidential information in confidence, use it only for the purposes of the engagement, and disclose it only to personnel and advisers who need it and who are bound by equivalent obligations. These obligations survive completion or termination of the engagement indefinitely in respect of competitively sensitive material.

We will not name you as a client, describe your competitive position, or reference the substance of your engagement in any publication, tender or marketing material without your prior written consent. Our published research notes describe cohorts and competitions at a level that does not identify a participating organisation.

6. Intellectual property

You retain ownership of all data you supply and of all intellectual property in it. On payment of all sums due, you receive a perpetual, non-exclusive, non-transferable licence to use the deliverables produced for your engagement for your own internal purposes, including onward disclosure to your board and your professional advisers.

We retain ownership of our pre-existing methodologies, statistical approaches, code libraries, templates and general know-how, including any improvement to them developed while performing the engagement. Nothing in these terms transfers that ownership to you, and nothing prevents us from applying the same general expertise for other clients.

7. Independence and conflicts

Independence is the basis of our value, so we maintain a conflicts register and screen every prospective engagement against it. We will tell you before accepting work if we hold a current engagement with a directly competing organisation in the same competition and season, and we will proceed only with the informed written agreement of both parties or with an information barrier that each accepts.

We accept no payment, rebate, equity or other benefit from any technology vendor, data supplier or agent, and our consultants are prohibited from holding a financial interest in such a supplier.

8. Nature of analytical output

Our deliverables are professional opinions and statistical estimates prepared for a stated decision at a stated point in time. They are not guarantees of sporting, commercial or medical outcomes. Predictive output carries uncertainty, which we quantify and disclose in the report; using a point estimate without its stated interval is a misuse of the work.

Our analysis is not medical advice and must not be used as the sole basis for a clinical decision about an athlete's participation, treatment or rehabilitation. Those decisions remain with your qualified medical staff. You are responsible for the decisions you take after receiving our advice.

9. Liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that applies under the Australian Consumer Law and cannot lawfully be excluded. Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.

Subject to the paragraph above, our total aggregate liability arising out of or in connection with an engagement, whether in contract, tort, statute or otherwise, is limited to the total professional fees actually paid to us for that engagement.

Neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of competitive advantage, or loss arising from a third party's use of our deliverables outside the licence granted in clause 6. We are not liable for any conclusion that is invalidated by material that you provided in an inaccurate or incomplete form.

10. Suspension and termination

Either party may terminate an engagement by thirty days' written notice. We may suspend work immediately if an invoice remains unpaid more than fourteen days after its due date, if continuing would place us in an unresolvable conflict, or if we form the view that proceeding would breach a law or a governing body regulation.

On termination you must pay for all work performed up to the effective date, together with any commitments we cannot reasonably cancel. Clauses concerning confidentiality, intellectual property, liability and governing law survive termination. At your written request we will destroy or return client datasets in accordance with the retention schedule in our privacy policy.

11. Website terms of use

The content of tivunorel.com is published for general information about our practice. It is not advice, it does not create a client relationship, and it may be changed or withdrawn without notice. Figures quoted in illustrative research notes relate to the cohorts described and should not be applied to another population.

You may read, print and quote from this site with attribution. You may not reproduce it substantially, republish it commercially, scrape it by automated means, or use it to train a machine learning model without our written consent. We do not warrant that the site will be uninterrupted or free of error, and we are not responsible for the content of external sites we link to.

12. Governing law and disputes

These terms are governed by the law of South Australia, and each party submits to the non-exclusive jurisdiction of the courts of South Australia and the courts competent to hear appeals from them.

Before commencing proceedings, the parties must first attempt resolution by good-faith discussion between senior representatives, and then by mediation administered by the Australian Disputes Centre, with the mediator's costs shared equally. This clause does not prevent either party from seeking urgent interlocutory relief.