Terms and Conditions (original) (raw)

TERMS OF USE

The website accessible at keepup.com.au and the KEEPUP App(A-Leagues Sites) are owned and operated by Australian Professional Leagues Company Pty Ltd (A-Leagues).

Your access to and use of the A-Leagues Sites is subject to these Terms of Use. These Terms of Use contain important information, including warranty disclaimers and limitations of liability. Your use of the A-Leagues Sites in any way, including, without limitation, browsing the A-Leagues Sites, using any information contained on the A-Leagues Sites, submitting information to A-Leagues using the A-Leagues Sites and making any purchases from A-Leagues on the A-Leagues Sites, constitutes acceptance of these Terms of Use.

1. DISCLAIMER

The content on the A-Leagues Sites is general and is provided for information purposes only.

In some cases, the content on the A-Leagues Sites may incorporate or summarise views, guidelines or recommendations of third parties. Such content does not necessarily reflect the views of A-Leagues, nor does it necessarily indicate a commitment by A-Leagues to a particular course of action.

A-Leagues does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on the A-Leagues Sites or its usefulness in achieving any purpose. You accept that content on the A-Leagues Sites may include technical inaccuracies and typographical errors. Information on the A-Leagues Sites should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided.

2. 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 A-Leagues Sites arising under custom, law or statute which may be excluded. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) and to the fullest extent permitted by law:

• A-Leagues makes no warranties, either express or implied, regarding the A-Leagues Sites, the content of the A-Leagues Sites 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 A-Leagues Sites, the delivery of the A-Leagues Sites or the content on the A-Leagues Sites 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 on the A-Leagues Sites, or any product or service, even if A-Leagues has been advised of the possibility of such damages or losses.
• A-Leagues’ liability in respect of any product or service purchased from an A-Leagues Site 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 an A-Leagues Site or a Third Party Site.

3. INDEMNITY

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 of Use or any other legal obligation.

4. INTELLECTUAL PROPERTY

(a) The A-Leagues Sites and all content on the A-Leagues Sites, including text, graphics, logos, photographs and images, are the exclusive property of A-Leagues or its content suppliers and protected by Australian and international copyright laws. The compilation of all such content is the exclusive property of A-Leagues and protected by Australian and international copyright laws.

(b) Subject to Part 11 of these Terms of Use, you must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing the A-Leagues Sites, or any of our content, logos, graphics, icons or other content published on the A-Leagues Sites or in our printed media.

(c) You agree that all of A-Leagues’ trademarks and other A-Leagues names, logos and brand features (both registered and unregistered), 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.

(d) Using the A-Leagues Sites does not give you any rights, title, interest or ownership in any intellectual property rights (including copyright) nor does it give you any proprietary rights to the content on the A-Leagues Sites or any trademarks, logos or other proprietary graphics of A-Leagues.

5. USER RESPONSIBILITY FOR A-LEAGUES ACCOUNT

If you choose to create a personal account on the A-Leagues Sites (A-Leagues Account), you are entirely responsible for your log in details and password and must not share these with any third party. You must notify A-Leagues immediately of any known or suspected unauthorised use(s) of your A-Leagues Account, or any known or suspected breach of security, including but not limited to unauthorised access to the A-Leagues Sites or loss, theft or unauthorised disclosure of your password. You are responsible for all usage or activity on the A-Leagues Sites. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your A-Leagues Account, at A-Leagues’ sole discretion, and A-Leagues may refer such conduct to appropriate law enforcement agencies.

6. USER LICENCE AND CONSENT

By submitting, posting or placing any information or other material on the A-Leagues Sites (together, Material) or accessing the A-Leagues Sites, you grant to A-Leagues a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, sub-licensable, worldwide licence to use, copy, reproduce, adapt, communicate, transmit, broadcast, make available, publish, print, publicly perform or display the Material.

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:

• waives in favour of A-Leagues and its licensees and their assigns all of the author’s moral rights; and
• 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:
  • alteration of size, colour and shape;
  • editing and adaptation, including use with other materials and the overlay or superimposition of other materials;
  • digitisation, including communication to the public; and
  • 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.

7. PRIVACY

Your personal (including sensitive) information may be collected by A-Leagues if you choose to create an A-Leagues Account, provide information to A-Leagues through the A-Leagues Sites or contact A-Leagues on or via the A-Leagues Sites.

Any personal information collected by A-Leagues through the A-Leagues Sites will be handled in accordance with the A-Leagues Privacy Policy which can be accessed here. The A-Leagues Privacy Policy explains how A-Leagues generally handles your personal (including sensitive) information. The Privacy Policy also includes information about how you can:

• seek to access and/or correct your personal information that A-Leagues holds about you; and
• submit a privacy query or complaint to A-Leagues and how A-Leagues will deal with your complaint.

By using the A-Leagues Sites, you agree that A-Leagues can use your personal (including sensitive) information in accordance with its Privacy Policy.

8. USE OF A-LEAGUES SITES

You are responsible for obtaining access to the A-Leagues 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 A-Leagues 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 A-Leagues Sites.

9. MODIFICATIONS TO A-LEAGUES SITES

A-Leagues reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the A-Leagues 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 A-Leagues Sites (or any part thereof).

10. THIRD PARTY WEBSITES

The A-Leagues 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 A-Leagues Sites. When you use A-Leagues’ social media pages, you are using an external website and are bound by the terms and conditions of use of that website. A-Leagues encourages you to review the terms and conditions of the relevant social media websites.

11. LICENCE AND SITE ACCESS

Subject to your acceptance of these Terms of Use, A-Leagues authorises you to view, download and/or print a small number of copies of the content on the A-Leagues Sites for your personal, non-commercial use, provided you retain all copyright and other proprietary notices on all such copies. Otherwise, no content on the A-Leagues Sites may be reproduced, modified, republished, transmitted, displayed, performed, or distributed in any way without the express prior written consent of A-Leagues or as permitted by law. You may not modify, sell, assign, or transfer the content of the A-Leagues Sites or reproduce, display, distribute or otherwise use the content of the A-Leagues Sites in any way for any public or commercial purpose or otherwise except as expressly permitted in these Terms of Use. Content on the A-Leagues Sites is subject to change without notice at the discretion of A-Leagues.

12. TERMINATION

A-Leagues may terminate your access or membership to the A-Leagues Sites at any time without prior notice to you. In the event that A-Leagues terminates your access to the A-Leagues Sites, you are no longer authorised to access the A-Leagues Sites, however, all restrictions imposed on you, licences granted by you and all A-Leagues’ disclaimers and limitations of liability contained in these Terms of Use will survive termination.

13. END USER TERMS REQUIRED BY APPLE

You acknowledge and agree that, if the KEEPUP Appused by you is an iPhone application:

• These Terms of Use are between you and A-Leagues, and not Apple, Inc. (Apple);
• A-Leagues, and not Apple, is solely responsible for the KEEPUP App;
• Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the KEEPUP App;
• subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Apple will have no warranty obligation whatsoever with respect to the KEEPUP App;
• Apple is not responsible for any claims that you have arising out of your use of the KEEPUP App;
• Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claim that the KEEPUP App infringes that third party’s intellectual property rights;
• you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
• you must comply with the terms of any applicable third party agreements when using the KEEPUP App; and
• Apple and its subsidiaries are third party beneficiaries of these terms and conditions and, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary.

14. END USER TERMS REQUIRED BY GOOGLE

You acknowledge and agree that, if the KEEPUP App used by you is an Android application supported by Google LLC (Google):

• you will contact A-Leagues if you experience any defects or performance issues in the KEEPUP App, and that A-Leagues (and not Google) will be responsible for undertaking or handling the support and maintenance of the A-Leagues App;
• Google may collect certain usage statistics from Google Play and the device used to access Google Play including, but not limited to, information on how the KEEPUP App, Google Play, and the device are being used; and
• A-Leagues is solely responsible for compliance worldwide with all applicable laws and other obligations with respect to the KEEPUP App.

15. WAIVER

A-Leagues’ failure to exercise or enforce any one or more of its rights under these Terms of Use will not constitute a waiver of its rights.

16. SEVERABILITY

If any part of these Terms of Use are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms of Use will not be affected and these Terms of Use will be read as if the part had been deleted in that jurisdiction only.

17. ASSIGNMENT

A-Leagues may assign its rights in whole or in part to any person in A-Leagues’ absolute discretion.

18. GOVERNING LAW

These Terms of Use 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.

19. GENERAL

These Terms of Use are effective from Thursday 9 December 2021. A-Leagues may vary these Terms of Use at any time by publishing a revised version of the Terms of Use on the A-Leagues Sites.If you have any questions not addressed on this page, please send us an e-mail at help@aplfootball.com.au