FOOTBALL AUSTRALIA ONLINE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS AND CONDITIONS
The footballaustralia.com.au network of websites and mobile applications (Football Australia Sites) are owned and operated by Football Australia Limited. Your access to the Football Australia Sites is conditional upon your acceptance of, agreement to and compliance with the terms, conditions, notices and disclaimers, including the Football Australia Privacy Policy, contained here and elsewhere on the Football Australia Sites (together, the Terms and Conditions).
Your use of and access to the Football Australia Sites constitutes your agreement to the Terms and Conditions. Football Australia reserves the right to amend, update or change the Terms and Conditions at any time without prior notice and you should periodically refer to them. Football Australia may also offer other services that are governed by different terms and conditions. In such cases the other terms and conditions will be posted on the relevant site to which they apply. For the avoidance of doubt, these Terms and Conditions equally apply to the use of Football Australia Sites (including access to Content) by wireless means, including mobile telephone and other devices in use now or in the future.
INTELLECTUAL PROPERTY IN CONTENT ON FOOTBALL AUSTRALIA SITES
The content of the Football Australia Sites (including copyright works, text, material, software, images, graphics, advertisements, databases, sound recordings, cinematograph films, animation, downloads, e-cards, streaming audio and streaming video) (together, "Content") is copyright © Football Australia Pty Ltd and/or its licensors. All Rights Reserved.
You must not modify, adapt, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, store, republish, print, commercialise, frame, upload or otherwise distribute the Content in any way except as expressly permitted on the Football Australia Sites. Provided that you keep all Content intact and in the same form as made available by Football Australia on the Football Australia Sites, you may, using an industry-standard web browser, temporarily download and view the Content for your personal, non-commercial use but only in the course of browsing the Football Australia Sites. Otherwise no part of the content of this site may be reproduced in any form without the written consent of Football Australia. All rights not expressly granted are reserved by Football Australia. The Content has been carefully compiled from sources believed to be reliable, but all Content is provided on the basis that Football Australia does not warrant or guarantee and accepts no responsibility for the accuracy or completeness from time to time of any Content for any purpose. Subject to any statutory provisions which may not be excluded by law, Football Australia will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any Content or its publication, including any action for copyright infringement, trade mark infringement or defamation.
TRADE MARKS
You agree that all of Football Australia’s trademarks and other Football Australia names, logos and brand features, are the property of Football Australia (the Football Australia Marks). Without Football Australia's prior permission, you agree not to display or use in any manner the Football Australia Marks.
USER LICENCE AND CONSENT
By submitting, posting or placing any information or other material on the Football Australia Sites (together, Material) or accessing the Football Australia Sites, you grant to Football Australia a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Material:
• use, copy, reproduce, adapt, communicate, transmit, broadcast make available, publish, print, publicly perform or display; and
• sublicense to any person the unrestricted right to exercise any of these rights.
You warrant that the Material and its use does not infringe any copyright, trade mark, patent, design, privacy, confidentiality or any right of any party or any law. You indemnify Football Australia and any of its assignees or licensees from any claim, liability, loss or damage arising in respect of your breach or alleged breach of this warranty. You will procure that any author of Material, unconditionally and irrevocably, to the fullest extent permitted by law (i) waives in favour of Football Australia and its licensees and their assigns all of the author's moral rights; and (ii) consents to any and all acts or omissions of Football Australia and its licensees and their assigns which would, but for this consent, infringe any of the author's moral rights, in relation to all forms of works and other copyright subject matter (both existing and future) howsoever arising anywhere in the world in connection with the Material and its use. Where the law requires Football Australia and its licensees and their assigns to specify acts or omissions (or specified classes or types of acts or omissions) to which the author consents, you will procure the author's consent to the following with respect to the Material: (a) alteration of size, colour and shape; (b) editing and adaptation, including use with other materials and the overlay or superimposition of other materials; (c) digitisation, including communication to the public; and (d) non-attribution of the author. If requested by Football Australia, you shall execute and deliver to Football Australia any instruments or documents which Football Australia believes are required to carry out any licence, waiver or consent. Any personal information collected on the Football Australia Sites will be handled in accordance with the Football Australia Privacy Policy.
USE OF FOOTBALL AUSTRALIA SITES
You are responsible for obtaining access to the Football Australia Sites, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Football Australia Sites. You also understand and agree that the Football Australia Sites may include advertisements and that these advertisements are necessary for Football Australia to provide the Football Australia Sites.
The Football Australia Sites may contain one or more bulletin board, chat forum, comment section or other communication facility (Forum). By using and accessing theFootball Australia Sites or a Forum, you agree that you will not do any of the following:
• post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libellous, contemptuous, obscene, vulgar, pornographic, profane or indecent Material;
• post, communicate or transmit Material which violates or infringes the rights of any other person or party or infringes any law;
• inhibit or restrict any other user from using the Football Australia Sites;
• interfere with the computer systems which support the Football Australia Sites; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
• post, communicate or transmit any file which contains viruses, worms, "Trojan horses" or any other harmful, contaminating or destructive features;
• access or attempt to access information resources you are not authorised to use;
• impersonate or falsely represent your association with any person or organisation;
• attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of a Football Australia Sites, including the use of automated tools;
• post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising;
• delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures; or
• post, download or communicate any file or material posted by another user of a Football Australia Sites if you know, or reasonably ought to know, that the file or material cannot legally be downloaded or communicated in that manner.
You acknowledge that Football Australia may or may not pre-screen Material, but that Football Australia and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Material that is available via the Football Australia Sites. It is your sole responsibility to be aware of the lawfulness of the Material. You acknowledge that all Forum communications are public and not private communications. Football Australia reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone (including you) posting material which violate or allegedly violate any law. You agree and acknowledge that:
• Football Australia is not responsible for any content or material in any Forum (including, without limitation, any information, comments and/or advice of any individual or party referred to as a guest or expert whose statements on a Forum are their own);
• Football Australia does not authorise or endorse the comments or material of users of a Football Australia Sites or Forum.
• Football Australia may use your personal information that is collected on a Football Australia Sites or Forum for the purposes specified in these Terms and Conditions and will handle this personal information in accordance with the Football Australia Privacy Policy.
Complaints and comments regarding potentially prohibited material on a Forum should be submitted via our e-mail.
MODIFICATIONS TO FOOTBALL AUSTRALIA SITES
Football Australia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Football Australia Sites (or any part thereof) with or without notice. You agree that Football Australia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Football Australia Sites (or any part thereof).
LINKING TO FOOTBALL AUSTRALIA SITES
You must not link to any Football Australia Sites without first obtaining the prior written consent of Football Australia and such consent must be signed by Football Australia's Chief Executive Officer to be valid.
THIRD PARTY WEBSITES
Football Australia Sites may contain links or references to Internet websites operated by third parties (Third Party Sites). Football Australia provides these links as a courtesy and this should not be interpreted in any way as an endorsement of any Third Party Site. Third Party Sites are not under the control of Football Australia and Football Australia is not responsible for the content of any Third Party Site. Football Australia makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from Third Party Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Football Australia Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Football Australia shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Football Australia Sites.
TERMINATION
These Terms and Conditions are effective until terminated by Football Australia and Football Australia may terminate this agreement and/or your access or membership to the Football AustraliaSites at any time without prior notice to you. In the event that Football Australia terminates your access to the Football Australia Sites, you are no longer authorised to access the Football Australia Sites, however, all restrictions imposed on you, licences granted by you and all Football Australia's disclaimers and limitations of liability contained in the Terms and Conditions will survive termination.
DISCLAIMER AND LIMITATION OF LIABILITY
Football Australia does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified. However,Football Australia does exclude all other rights, remedies, conditions and warranties in respect of goods, services and the Football Australia Sites arising under custom, law or statute which may be excluded. To the fullest extent permitted by law:
• Football Australia makes no warranties, either express or implied, regarding the Football Australia Sites, the Content or any goods or services including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. Football Australia does not warrant that your access to the Football Australia Sites, the delivery of the Football Australia Sites or the Content shall be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.
• Football Australia will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access, any Football Australia Sites or any Content, or any product or service, even if Football Australia has been advised of the possibility of such damages or losses.
• Football Australia's liability in respect of any product or service purchased from a Football Australia Sites is limited to the less of (i) the replacement of any product or service purchased; and (ii) the purchase price paid by you to Football Australia for that product or service.
• Football Australia is not liable to you or anyone else in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of aFootball AustraliaSites or a Third Party Site.
INDEMNITY
You indemnify Football Australia, its licensees and/or assignees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with any breach or alleged breach by you of these Terms and Conditions or any other legal obligation.
WAIVER
Football Australia's failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of its rights.
SEVERABILITY
If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms and Conditions will not be affected and these Terms and Conditions will be read as if the part had been deleted in that jurisdiction only.
ASSIGNMENT
Football Australia may assign its rights in whole or in part to any person in Football Australia's absolute discretion.
GOVERNING LAW
These Terms and Conditions will be governed and interpreted in accordance with laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.
CONTACTING THE WEBSITE
If you have any questions not addressed on this page, please send us an e-mail.