Netball NSW – Website terms and conditions

1 Introduction

1.1 Thank you for visiting the Site. We hope you enjoy your experience while taking advantage of everything the Site has to offer!

1.2 By accessing and using the Site you accept and agree to be bound by these Terms and accordingly you should review them carefully. If you do not accept these Terms you must not access or use the Site.

1.3 Our Privacy Policy and all other notices and communications we provide through the Site will form part of and be subject to these Terms. To the extent of any inconsistency or conflict between this information and these Terms, these Terms will prevail.

1.4 We may change these Terms at any time without notice. Please access and review these Terms regularly to ensure you are aware of any changes made.

1.5 Capitalised terms have the same meaning given to them in Section 17.

2 Access and use of

2.1 Subject to these Terms, you may access and use the Site at no charge and without registering an Account.

2.2 You acknowledge and accept that access to and use of parts of the Site may be subject to terms and conditions in addition to these Terms and the imposition or removal of any access or use restrictions for any part of The Site is at our sole discretion.

2.3 Netball NSW uses analytic services to analyse how users interact with our Site. These services gather statistical and other information about use of our Site by means including but not limited to cookies. Cookies are small pieces of data sent from a website and stored in a user's web browser while the user is browsing that website and cannot read information from a user’s hard drive. Information collected includes time spent on the Site, parts of the Site accessed and the name of the domain from which the Site was accessed.

3 Privacy

We are committed to protecting your privacy. Please refer to our Privacy Policy for further details on how we collect and protect your information.

4 Registering an Account

4.1 To access or use certain parts of the Site, you may need to create an Account.

4.2 To register an Account you must:

(a) validly enter your email address, a password and all other information requested in the registration section of the Site; and

(b) signify your acceptance of these Terms.

4.3 Accepting these Terms is an important part of the registration process and you should carefully read these terms before registering an Account on The Site.

4.4 You must keep your Account password confidential. You are responsible for any activities or transactions made using your Account and we are not liable for any damage or loss which results from unauthorised access to your Account. You must immediately notify us of any unauthorised access or use of your Account of which you become aware via theContact Ussection of the Site.

4.5 Your Account is not transferrable and you may only register one Account.

4.6 You may need to review and accept additional terms and conditions which may apply specifically when utilising certain features of the Site. Any terms and conditions which specifically relate to certain features of the site will apply in addition to these Terms

4.7 If you do not comply with these Terms, we may suspend or cancel your Account.

5 Content

5.1 We derive Content from sources which we believe are accurate and up to date as at the time of publication. The Content is provided to assist you, but you acknowledge that:

(a) we do not make any representation or warranty as to the currency, reliability, accuracy or completeness of any Content;

(b) you have not relied on any Content; and

(c) you have independently verified the accuracy of any Content before using that information.

5.2 The Content and value of the services provided through the Site is enhanced by the accumulation of data and information from sources including Users, publicly available information, government agencies and other third parties. We are not responsible for, and accept no liability with respect to, any Content uploaded, posted, transmitted or otherwise made available on the Site by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Content available on the Site simply by facilitating others to post, transmit or other make Content available.

5.3 You acknowledge and agree that we do not endorse any opinion, advice or statement made by any person other than us, and in relation to all Content contributed by third parties:

(a) any views or opinions expressed in that Content are the views and opinions of that third party and not ours; and

(b) despite any attribution of authorship or lack thereof, the responsibility and liability for ensuring the accuracy, legality, completeness and currency of Content lies exclusively with the third party who provided it

5.4 You release us from all liability for any claim or loss that directly or indirectly results from your use of the Site or reliance on any Content.

6 Transactions

6.1 Our Users may be permitted to make Transactions through the Site.

6.2 Examples of Transactions can include but are not limited to orders and payment for Products or Services.

6.3 All Transactions made through the Site will be covered by these Terms and any additional terms or conditions displayed during the finalisation of the Transaction, including the terms of any third party payment processing provider engaged by us to process the Transaction (Payment Terms).

6.4 All Services offered on the Site are subject to the restrictions and disclaimers contained in these Terms in addition to any other conditions which apply to that Service (including those contained in the Payment Terms).

6.5 By completing a Transaction you agree to pay all amounts related to the Transaction including all taxes and delivery charges by the relevant due date. Once a Transaction is completed on the Site it cannot be cancelled or reversed.

6.6 Any Contact Information must not, in any way whatsoever, be potentially or actually harmful to us or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by us. Without limiting any provision of these Terms, you warrant that your Contact Information is not false, inaccurate or misleading or deceptive.

6.7 You acknowledge and accept that, while we make all reasonable commercial efforts to ensure Transactions occur in a safe and secure environment, transacting through the Internet has inherent risks and we are not responsible for any unauthorised:

(a) interception, modification or diversion of a Transaction request or delivery of a Product;

(b) access or copying of details relating to a Transaction (including personal or financial information); or

(c) failure to deliver a Product or Services, where that failure is not directly caused by our deliberate actions.

6.8 We reserve the right to modify, suspend or cancel any Transaction for any reason.

7 Communications from Us

All Direct Communications from us to you will be in accordance with our Privacy Policy.

8 Contributions

8.1 Users may submit or post Comments on different sections of the Site.

8.2 By submitting a Comment on the Site you grant us a non-exclusive, irrevocable, perpetual, royalty free and worldwide right to use and deal with your Comment as if we were the author or creator of the Comment.

8.3 You agree that you will not enforce any Moral Rights you may have in any Comment submitted to the Site and you agree that we may use your Comments in any manner which we see fit without acknowledgement or reference to your Moral Rights.

8.4 Any Comments submitted to the Site become our property as at the time of submission.

8.5 Any Comments must not, in any way whatsoever, be potentially or actually harmful to us or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by us. Without limiting any provision of these Terms, you warrant that your Comments are not false, inaccurate or misleading or deceptive.

9 Closing your Account

9.1 You may close your Account at any time.

9.2 We reserve the right, without notice to you and at our complete discretion, to refuse to register your Account or close your Account if we believe you:

(a) have breached any part of these Terms;

(b) are likely to breach any part of these Terms; or

(c) have acted against our business interests or reputation.

10 Intellectual Property

10.1 By accessing and using the Site you acknowledge and agree:

(a) we own all right, title and interest in the Intellectual Property and you will not hinder, impede, invalidate or challenge our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property;

(b) any use, downloading, copying, adaption, modification, communication or reproduction of any part of the Site or the Intellectual Property is strictly prohibited unless necessary for and incidental to your access and use of the Site; and

(c) you must not otherwise copy, upload, communicate, modify, transmit, reproduce, distribute or in any way exploit any of the Site, the Content or the Intellectual Property or Services.

10.2 Certain software and other content provided or available through the Site may be stated to be subject to special or additional rules or conditions which will form part of these Terms.

10.3 You agree to use the Site for lawful purposes only.

11 Copyright Infringement Claims

11.1 If you genuinely believe that any part of the Site infringes your copyrighted work you must mail a signed Copyright Infringement Claim to: Attention: NNSW Public Officer PO Box 396 Lidcombe NSW 1825

11.2 We will assess your Copyright Infringement Claim in good faith and notify you of any outcome. You agree that our determination of any Copyright Infringement Claim is final and no correspondence will be entered into.

12 Modifying and terminating

12.1 We reserve the right to modify, update or terminate the Site or any part of the Site at any time and at our absolute discretion, without notice or liability to you.

12.2 Any change or modification to the Site or these Terms is effective immediately upon them being posted on the Site. We may notify you of any change or modification to the Site or these Terms via the email address registered to your Account. If any such change or modification is unacceptable to you, you must not use the Site. If following any such change or modification you continue to use the Site, Services or Content, then you will be deemed to have accepted those changes or modifications.

13 Hyperlinks

13.1 We have no control over and are not responsible for the content of any third-party:

(a) site for which a hyperlink is provided or displayed on the Site;

(b) site framed within the Site; or

(c) advertisements displayed on the Site.

13.2 We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third party websites described in clause 13.1.

13.3 Hyperlinks are provided on the Site for your convenience only and may not be current or operational. Our use or inclusion of a hyperlink on the Site is not an endorsement, approval or recommendation of the linked website or its content.

13.4 We are not responsible for the content or privacy practices associated with third-party websites and accessing these sites you should read their terms, conditions and privacy statements. Your use of or reliance on any third-party website is at your own risk absolutely.

14 Disclaimer

14.1 All content, tools or other data on the Site is provided as general guidance only and should not be used for any specific purpose or in substitution for specialised independent advice.

14.2 You recognise the limitations of consultations or advice without examination, testing or investigation and never disregard tailored, independent and qualified advice or delay seeking it, because of something you have read on the Site. A website or article can never be a substitute for an independent consultation.

14.3 If you have a question or concern about the appropriateness or application of anything on the Site you must seek advice from a relevantly qualified business consultant.

14.4 We make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of the Site or Content for any particular purpose or specific business or that the Site can be used in relation to any business in substitution for proper specialised independent advice.

14.5 We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon the Site or its inability to meet your needs, including any loss, damage, injury or other claim whatsoever arising as a consequence of a Transaction.

14.6 The use of and your reliance upon the Site is entirely at your own risk. When using the Site information will be transmitted over a medium which may be beyond our or our suppliers’ jurisdiction or control. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any Content you may transmit to the Site.

14.7 We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site which is beyond our direct control. For the avoidance of doubt we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Site.

15 Liability

15.1 To the fullest extent permitted by law:

(a) all conditions and warranties concerning the Site (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which can not be excluded for any Services provided by us, our liability to you is limited to the remedies contained in section 64A of Schedule 2 to the Australian Competition and Consumer Act 2010 (Cth), which you agree is your only remedy;

(b) in no event will we, our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use the Site (including as a consequence of a Transaction), whether arising under statute or in contract, tort or any other legal doctrine, and whether or not we are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;

(c) We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site; and

(d) remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

16 General

16.1 To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.

16.2 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.

16.3 We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.

16.4 These Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.

17 Definitions

Account means an account registered through the Site.

Application means a method of accessing the Site other than navigating to the Site using a web browser.

Copyright Infringement Claim means a notice to us which includes:

(a) the identification of your copyrighted work which has allegedly been infringed on the Site;

(b) a description of the alleged infringing Content on the Site;

(c) your name, address and contact details so that we may contact you if further investigation of your claim is required; and

(d) declarations that:

      (i) you have not at any time granted us permission, either directly or pursuant to these Terms, to use your copyrighted work in relation to the Site; and

     (ii) the information provided in the Copyright Infringement Claim is accurate and truthful.

Comments means any Content, votes or any other material submitted to the Site by a User.

Contact Information means contact information about a User (for example name, email address and telephone number) which is submitted by a User to the Site.

Content means data, information, text, blogs, images, movies, animations and any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in the Site.

Product means a product which is delivered to the purchaser.

Direct Communication means email, SMS, instant message or any other direct electronic communication.

Intellectual Property means all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to any information, media or process utilised by or embodied in this Site.

Moral Rights has the same meaning as defined in the Copyright Act 1968 (Cth).

Services means any service offered on the Site.

NNSW, us, we and our means The New South Wales Netball Association Ltd ABN 19 001 685 007.

Site means all web pages located at http://nsw.netball.com.au / including all sub-domains and related sites containing the Content and Services and any other features we make available through the site, Applications or any other online channel, software, devices or networks whether currently existing or developed in the future.

Terms means these website terms and conditions between you and us.

Transaction means:

(a) any purchase or payment; or

(b) exchange of information, facilitated by or completed via the Site (including with respect to Products or Services).

User means a person who accesses the Site.