ONLINE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS AND CONDITIONS
Parties to this Agreement. This Agreement is a contract between you (‘you’ or ‘your’) and Australian Professional Leagues Company Pty Ltd ACN 646 799 199 (‘A-Leagues’, ‘we’, ‘us’, ‘our’).
INTELLECTUAL PROPERTY IN CONTENT ON KEEP UP SITES
Our Intellectual Property
(a) Our Website and all content on our Website are the exclusive property of A- Leagues. The information on our Website is for information purposes only and is subject to change without notice.
(b) You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our Website, or any of our content, logos, graphics, icons or other content published on our Website or in our printed media.
You agree that all of A-Leagues’ trademarks and other A-Leagues names, logos and brand features, are the property of A-Leagues (the A-Leagues’ Marks). Without A-Leagues’ prior permission, you agree not to display or use in any manner the A-Leagues’ Marks.
USER LICENCE AND CONSENT
By submitting, posting or placing any information or other material on the Keep Up Sites (together, Material) or accessing the Keep Up Sites, you grant to A-Leagues 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 A-Leagues 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 A-Leagues and its licensees and their assigns
all of the author’s moral rights; and
(ii) consents to any and all acts or omissions of A-Leagues 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 A-Leagues 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 A-Leagues,
you shall execute and deliver to A-Leagues any instruments or
documents which A-Leagues believes are required to carry
out any licence, waiver or consent. Any personal information
collected on the Keep Up Sites will be handled in accordance
USE OF KEEP UP SITES
You are responsible for obtaining access to the Keep Up 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 Keep Up Sites. You also understand and agree that the A-Leagues Sites may include advertisements and that these advertisements are necessary for A-Leagues to provide the Keep Up Sites.
MODIFICATIONS TO KEEP UP SITES
A-Leagues reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Keep Up Sites (or any part thereof) with or without notice. You agree that A-Leagues shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Keep Up Sites (or any part thereof).
THIRD PARTY WEBSITES
Keep Up Sites may contain links or references to Internet websites operated by third parties (Third Party Sites). A-Leagues 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 A-Leagues and A-Leagues is not responsible for the content of any Third Party Site. A-Leagues 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 A-Leagues 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 A-Leagues 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 Keep Up Sites.
These Terms and Conditions are effective until terminated by A-Leagues and A-Leagues may terminate this agreement and/or your access or membership to the Keep Up Sites at any time without prior notice to you. In the event that A-Leagues terminates your access to the Keep UpSites, you are no longer authorised to access the Keep Up Sites, however, all restrictions imposed on you, licences granted by you and all A-Leagues’s disclaimers and limitations of liability contained in the Terms and Conditions will survive termination.
DISCLAIMER AND LIMITATION OF LIABILITY
A-Leagues 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,A-Leagues does exclude all other rights, remedies, conditions and warranties in respect of goods, services and the Keep Up Sites arising under custom, law or statute which may be excluded. To the
fullest extent permitted by law:
● A-Leagues makes no warranties, either express or implied, regarding the Keep Up Sites, the Content or any goods or services including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. A-Leagues does not warrant that your access to the Keep Up Sites, the delivery of the Keep Up Sites or the Content shall be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.
● A-Leagues 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 A-Leagues Sites or any Content, or any product or service, even if A-Leagues has been advised of the possibility of such damages or losses.
● A-Leagues’s liability in respect of any product or service purchased from a Keep Up 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 A-Leagues for that product or service.
● A-Leagues 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 aA-LeaguesSites or a Third Party Site.
You indemnify A-Leagues, 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.
A-Leagues’ 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.
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.
A-Leagues may assign its rights in whole or in part to any person in A-Leagues’ absolute discretion.
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.