Website Terms of Use

SCHOOL SPORT AUSTRALIA WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE THEN YOU MUST NOT USE THIS WEBSITE.

1. About this Website

This website www.schoolsportaustralia.edu.au (“Website”) is operated by School Sport Australia (“we”, “us” or “our”). These terms of use (“Terms of Use”) apply to your use of this Website and the information, documents, logos, graphics, images, photographs, videos and other material (“Material”) available on this Website. These Terms of Use include this Website’s Privacy Policy (currently under review) and any other terms and conditions which appear on this Website. You must at all times comply with these Terms of Use, any directions given by us and all applicable laws when using this Website.

2. Use of Material

You acknowledge and agree that: (i) the Material is made available to you to use for information purposes only; and (ii) the Material may be changed, modified, altered, removed or updated at any time without notice to you. Although we seek to ensure that the Material is accurate, complete and up-to-date, we do not make any representation or give any warranty in respect of the Material.

3. Prohibited use of Material

You agree not to: (i) copy, reproduce, adapt, modify, distribute, republish, resell, download, display, communicate or transmit in any form or by any means any Material available on this Website except to the extent permitted by these Terms of Use; (ii) interfere with or disrupt the use of this Website by other users; (iii) use data mining, screen scraping or similar technologies to extract data from this Website without our prior written approval; (iv) use any Material for any commercial purpose without our prior written approval; or (v) use this Website in any way that may damage or adversely affect our reputation or goodwill.

4. Personal information about other individuals

You must not provide us with any personal information about another individual for any purpose unless you have obtain the individual’s express consent and notified the individual of the details required by all applicable privacy laws.

5. Termination, suspension and restriction of use of Website

We may at any time terminate, suspend or restrict your use of this Website without notice for any reason including, without limitation, if you breach these Terms of Use. Any such termination, suspension or restriction of your use of this Website will not affect any of our other rights or remedies under these Terms of Use.

6. Suggestions, ideas and feedback

You grant us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence (including the right to sub-licence) to use, copy, modify, display, distribute and communicate to the public for any purpose relating to this Website any suggestions, ideas, or feedback which you make available to us in connection with this Website.

7. Ownership of rights in Website

All intellectual property rights (including, without limitation, copyright and trade mark rights) and other rights in the Material and this Website are owned or licensed by us. If you download or print any of the Material then you must ensure that the Material is appropriately attributed to us unless otherwise stated on this Website.

8. Links to external websites

We make no warranties or representations of any kind whatsoever as to any information, documents, logos, graphics, images, photographs, videos or other material available on any external website linked to from this Website. You use any external website linked to from this Website at your own risk and subject to its terms of use.

9. Links to this Website

You may link to this Website provided that the link accurately indicates that it is to this Website and we have not requested you to remove the link where we have determined in our sole discretion that it is misleading or otherwise inappropriate. If you do not immediately comply with a request by us to remove a link to this Website then you irrevocably and unconditionally agree to indemnify us against any and all costs, charges or expenses (including, without limitation, legal costs on a full indemnity basis) that we incur in having any such link removed.

10. Disclaimer

You acknowledge and agree that you use this Website at your own risk on an “as is” and “as available” basis. We may update this Website at any time without notice to you which may affect your ability to use this Website. We do not make any representation or give any warranty in respect of this Website including, without limitation, any representation or warranty that: (i) this Website will be available at any time; (ii) this Website will be free from viruses or other harmful code; or (iii) your use of this Website will be error-free or uninterrupted. You acknowledge and agree that you provide us with information over the Internet at your own risk as the security of such information cannot be guaranteed.

11. Exclusion of implied terms

To the full extent permitted by law any condition or warranty which would otherwise be implied (whether by any law or otherwise) in these Terms of Use is expressly excluded including, without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement of any third party’s rights. Where any condition or warranty is implied (whether by any law or otherwise) in these Terms of Use which cannot lawfully be excluded then our liability for any breach of such condition or warranty will be limited to the full extent permitted by law.

12. Limitation of liability

To the full extent permitted by law we will have no liability (whether in contract, in tort, under statute or in any other way and whether due to negligence or any other cause) to you for or in respect of any and all claims, actions, demands, proceedings, losses, damages, costs, charges, expenses or liabilities of any kind or nature whatsoever (including, without limitation, consequential, special or indirect losses, damages, costs, charges, expenses or liabilities) directly or indirectly arising out of or in connection with your use of any Material or this Website.

13. Indemnity

To the full extent permitted by law you irrevocably and unconditionally agree to indemnify us from and against any and all claims, actions, demands, proceedings, losses, damages, costs, charges, expenses or liabilities of any kind or nature whatsoever (including, without limitation, legal costs on a full indemnity basis) directly or indirectly arising out of, or in connection with, any breach by you of these Terms of Use. You acknowledge and agree that it is not necessary for us to incur any cost or expense or make any payment before enforcing a right of indemnity under these Terms of Use.

14. Termination of Terms of Use

If these Terms of Use are terminated for any reason any provision of these Terms of Use which is capable of having effect after such termination will survive and remain in full force and effect following such termination. You acknowledge and agree that the termination of these Terms of Use for any reason does not extinguish or otherwise affect any of our accrued rights or remedies under these Terms of Use.

15. Entire agreement and amendments

These Terms of Use constitute the entire agreement between you and us in connection with their subject matter. We may in our sole discretion amend these Terms of Use at any time by publishing amended Terms of Use on this Website. By continuing to use this Website after amended Terms of Use have been published on it you accept and agree to be bound by such amended Terms of Use. You acknowledge and agree that you are responsible for reviewing the most recent version of these Terms of Use before using this Website.

16. Assignment and transfer

You may not assign or otherwise transfer any of your rights or obligations under these Terms of Use. We may at any time by notifying you: (i) assign or otherwise transfer our rights and obligations under these Terms of Use to anybody to which all or substantially all of our functions are transferred; and (ii) provide to that body any or all Material which you have made available to us in connection with this Website including, without limitation, personal information.

17. Waiver and severability

Any failure by us to exercise any right or remedy under these Terms of Use will not constitute a waiver of that right or remedy or any other right or remedy. If any provision of these Terms of Use is invalid or unenforceable for any reason that provision will be deemed to be severed from these Terms of Use without affecting the validity of the remaining provisions.

18. Governing law and jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia. The courts of the State of Victoria, Australia will have exclusive jurisdiction in respect of any dispute arising out of or in connection with these Terms of Use.
You acknowledge and agree that we do not make any representation or give any warranty that this Website or the use of this Website complies with the laws of any country outside Australia. If you access this Website from a country outside Australia then you are solely responsible for complying with the laws of that country.

These Terms of Use are effective as of 15 March, 2017.