In these terms and conditions (Terms), “we”, “us” and “our” refers to Sportnext Pty Ltd (ACN 161 781 773) and any related body corporate. We maintain this website and all its associated microsites (together, the Website).
The Website is available for you to access conditional on your acceptance of these Terms. By continuing to access the Website you are agreeing to these Terms. If you do not agree to these terms, you must not access the Website.
1. Modification of these Terms and the Website
We reserve the right to change these Terms from time to time. Your use of the Website following any change constitutes your agreement to the Terms as changed. We reserve the right to change, move or remove portions of, or add to, the Website from time to time, in our sole discretion without notice to you.
2. Third Party Content
The Website may contain information and materials from third parties, including advertisements, social media content and links to other websites, which are not under our control (Third Party Content). In relation to any Third Party Content which is on the Website, we:
a) unless expressly stated otherwise, do not endorse or sponsor any Third Party Content or have any association with the operators of the Third Party Content; and
b) are not responsible for the material contained in the Third Party Content, including without limitation, any material or link contained in the Third Party Content , or any changes or updates to the Third Party Content.
3. Use of the Website
The use of the Website and all information and data provided on or through the Website is entirely at your own risk. You are responsible for all of your activity in connection with accessing and using the Website.
You may not use the Website:
a) for any activities that breach any laws, infringe any party’s rights or breach any standards, content requirements or codes or any Government authority;
b) to distribute through the Website any inappropriate communication, virus, harmful components or other disabling code in any form;
c) in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website;
d) to make unauthorised access or modifications to the Website; or
e) in any manner or for any purpose which is contrary to these Terms.
4. Disclaimers and limitation of liability
We do not warrant, guarantee or make any representation that:
a) the Website, or the server that makes the site available on the world wide web are free of software viruses, disabling code or other harmful components;
b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free;
c) any errors and defects in the Website will be corrected; and
d) the information provided on or through the Website is suitable, reliable, accurate, current or complete.
The information on the Website is provided for information purposes, general interest and enquiry only. Before relying on the information on the Website, you should verify the accuracy of the information and consult with an appropriate professional for specific advice tailored to your situation.
To the extent permitted by law, we exclude all liability for any loss or damage (including direct and consequential loss) arising from or in connection with:
a) your use of the Website and any Third Party Content;
b) your reliance on any information provided on or through the Website and any Third Party Content;
c) the delay or inability to use any part of the Website; or
d) the failure to provide services or any information through the Website
whether or not caused by our negligence and whether or not the likelihood of loss was known to us.
You will at all times indemnify us and keep us and our officers, employees and agents indemnified from and against any loss (including direct and consequential loss), damage or liability incurred by us arising from any claim, demand, suit, action or proceeding by any person, arising out of, in connection with or in respect of any breach of these Terms by you.
6. Intellectual Property
Content on the Website, such as graphics, logos, text, material, software or advertisements, is protected by Australian and international copyright and trademark law.
Unless otherwise indicated, we own or are licensed to use all intellectual property (including copyright, trade marks and designs) subsisting in the content on the Website. Content on the Website must not be modified, copied, reproduced, republished, framed, uploaded to a third party, posted, transmitted or distributed in any way except as expressly provided for on the Website, or as expressly authorised in writing by us, or as permitted by the Copyright Act 1968 (Cth).
All names, logos and trade marks on the Website are our property or the property of their respective owners. You may not use, copy or reproduce any of these names, logos or trade marks, without our express written consent or that of their respective owners. For further information or to seek consent please contact us via firstname.lastname@example.org.
8. Uploading information to the Website
You represent and warrant in relation to any content, material and/or information you upload or provide to the Website that:
a) you are authorised to upload or provide the material and/or information;
b) the material and/or information does not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
c) the material and/or information is not profane, obscene, indecent, unlawful or otherwise inappropriate;
d) the material and/or information does not constitute “passing off” and is not in contravention of the Australian Consumer Law as Schedule 2 to the Competition and Consumer Act 2010 (Cth);
e) the material and/or information does not infringe any intellectual property right anywhere in the world;
f) the material/information does not contain viruses, disabling code, harmful content, corrupted files, or any other similar software or programs that may damage the operation of the Website or another user’s computer;
g) the material and/or information does not infringe any legislation or regulations in the Commonwealth of Australia or any law in any country where the material and/or information is or will be available electronically to users of the Website.
By uploading any material and/or information in which intellectual property rights exist (including, but not limited to, copyrighted works, trade marks) (Your Intellectual Property) to the Website, you grant us a perpetual, non-exclusive and royalty-free licence throughout the world to:
a) reproduce, distribute, use, edit, reformat and otherwise make use of Your Intellectual Property; and
b) sub-licence others the same rights granted to us in 8.a) above.
No compensation will be paid with respect to our use of Your Intellectual Property. We are under no obligation to post or use any of Your Intellectual Property. We may remove any of Your Intellectual Property from the Website at any time in our sole discretion without notice to you.
9. Termination of access
We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
If any part of these Terms is found to be void, unlawful, or unenforceable, then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
11. Relevant jurisdiction
These Terms will be governed by and interpreted in accordance with the law of Western Australia, without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of these Terms.
We reserve all rights which are not expressly granted in these Terms.
Our Website Terms & Conditions were last updated on the 15th November 2017.