These are the Terms and Conditions on which Netball Australia permits users to access and use the website with the home page located at the site  linked to this page (Site).  Your access to and use of the site is subject to Parts A and B of these Terms and Conditions and the Netball Australia privacy statement located at http://www.netball.asn.au/extra.asp?id=20 (Privacy Statement).  If you do not agree to these Terms and Conditions and the Privacy Statement, you must not use or access this Site.

 

By logging into MyNetball between Friday 1 January 2010 and 5.00pm Friday 3 December 2010 users agree to enter the draw to win a Holden Cruze. Terms and conditions can be found at: http://netball.asn.au/extra.asp?ID=7641

 

Part A – General Terms

The following Terms apply to all users of the Site:

 

1. Netball Australia grants you a non-exclusive, non-transferable, revocable licence to access and make personal use of the Site and any information, documentation, articles or other content available on the Site (Content).

 

2. The following entities are the official representatives and controlling authorities of netball in that particular state (as described in the Netball Australia Limited Constitution):

3. The Site or any portion of the Site or Content may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Netball Australia.  You are not permitted to link to or frame the Site or any Content without Netball Australia's express written permission.

4. Netball Australia’s use of your name, address, telephone number, email address or any other personal information is subject to the terms provided for in the Privacy Statement and the respective Member Organisation privacy policy that is applicable to you.

5. This licence does not permit any commercial use by you of the Site or Content, including but not limited to collecting user names and/or email addresses or sending unsolicited emails.  The licence expressly excludes using the Site to advertise or solicit other users to buy, sell or hire any products or services.

6. By using the Site, you are responsible for maintaining the confidentiality of your Netball Australia username and password (which are for your own sole use) and for restricting access to your computer.  You agree to be liable if your Netball Australia username or password is used by an unauthorised person.  

7. Netball Australia does not warrant that you will have continuous access to the Site or your access or use will be error free.  Netball Australia will not be liable in the event that the Site is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunication supplies or any other reason.

8. The Site may contain links to other web sites (linked web sites).  Those links are provided by Netball Australia for convenience only and Netball Australia is not responsible for the content or privacy practices associated with linked web sites.  Netball Australia links with linked web sites should not be construed as an endorsement, approval or recommendation by Netball Australia of those linked web sites.

9. Netball Australia reserves the right at any time to:

   
(i) deny or terminate all or part of your access to the Site where in Netball Australia's opinion, there are concerns regarding unreasonable use, security or unauthorised access or where you have breached any of these Terms;

or

 

(ii) block or suspend your account, hide your profile, or delete or amend any Content.

10. You acknowledge that you do not obtain or own any intellectual property rights whatsoever in the Site or the Content and all intellectual property rights subsisting in the Site and any Content remains vested in Netball Australia, its Member Organisations or its third party licensors.

11. Netball Australia makes no representations or warranties of any kind, express or implied as to the operation of the Site, the Content, or the conduct of the users.  You expressly agree that your use of the Site is entirely at your sole risk.  However, nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on a party by the Trade Practices Act 1974 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.

12. To the fullest extent permitted by law, Netball Australia disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose or warranties concerning accuracy, currency or completeness.  Netball Australia or any of its Member Organisations will not be liable for any damages of any kind arising from the use of the Site, Content, or User Content

13. The maximum aggregate liability of Netball Australia and any Member Organisations for all proven losses, damages and claims arising out of these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to an aggregate of all claims of $100. Where the liability of Netball Australia and the Member Organisations cannot be excluded under any law, the liability of Netball Australia and the Member Organisations will be limited to, at its discretion, either re-supplying the Site to you or paying you the cost of re-supplying the Site to you.

 

14. Notwithstanding any other clause, Netball Australia or any Member Organisations is not liable to you or to any other person for any losses or damages of any kind caused by or resulting from any wrongful, wilful or negligent act or omission by any person or any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information, or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.

 

15. If you post or submit any information, content, comment or other material (User Content) on the Site you grant to Netball Australia a non-exclusive, royalty-free, perpetual, irrevocable world wide and fully sublicensable right to use, reproduce, communicate, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media.

 
16. By posting User Content you agree to indemnify and keep indemnified Netball Australia, its officers, the Members Organisations, employees and agents against all claims, suits, actions, liabilities, actual or contingent costs, damages and expenses incurred by Netball Australia in connection with any User Content.  Netball Australia makes no representations or warranties of any kind, express or implied as to the operation of the Site or User Content.  

17. Netball Australia reserves the right to change the functionality and Content (including limiting access to or ceasing to provide the Content) of the Site at any time without prior written notification to you.  

18. The failure of Netball Australia to insist upon a strict performance of any of these Terms will not be deemed a waiver of any subsequent breach or default in these Terms.

19. Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. 

20. Related parties of Netball Australia may enforce these Terms in accordance with Netball Australia's rights and obligations under these Terms.

21. These Terms are governed by the law in force in Victoria, and the parties submit to the exclusive jurisdiction of the courts in Victoria.

 

22. Cookies are used on the Site to remember visitors within a session and to facilitate transaction functions. The Site utilises cookies in order to understand the Site's usage and to improve the content, security and usability of the Site. We do not use cookies to collect personal information.

25. Netball Australia reserves the right to change these Terms and Conditions at any time and will post a notice for up to one month on the Site giving notice of that change.  Any subsequent access to, or use of the Site following the change will constitute an acceptance of those modifications to the Terms.

 

 

 

Part B - Subscriptions

The following Terms apply to all users of the Site:

1. If you are under 16 years of age, you must get the permission of your parent/guardian to access the Site prior to using the Site.  You agree to be bound by these Terms in accessing the Site.

2. Your subscription to the Site is valid for a period of 12 months.  

3. Netball Australia, Member Organisations or other third parties may use a payment system to collect payments from you for services provided.

4. You acknowledge that unless you notify us that you wish to cancel your subscription, as a user at least 8 days prior to the end of your then current subscription term, your subscription as a user will continue to automatically be renewed for successive terms.  

5. Members agree to make payment in full for any chargeable service which is used on the Site. Any charges will be displayed for you prior to usage.

6. You warrant that you own or otherwise control all of the rights to all User Content that you post, that you will be solely responsible for the User Content that you post, that the User Content is accurate, that the use of the User Content you supply does not violate any applicable laws or these Terms and that the User Content will not cause injury or loss to any person. 

7. You may post User Content provided that the User Content is not:

(i) illegal, offensive, racist, obscene, objectionable, threatening, defamatory or invasive of privacy;

(ii) false and/or misleading;

(iii) sexually explicit or containing sexual references or innuendo;

(iv) infringing any intellectual property rights;

(v) composed of a profile or photograph of any third person used without his or her permission or photographs of people under 18 years of age (even if they are your children);
(vi) consisting of or containing software viruses;

(vii) used for political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam"; or

(viii) impersonating any person or otherwise misleading as to the origin of any User Content.

8. Netball Australia has the right but not the obligation to monitor, review and edit, re-classify or remove any User Content for any reason whatsoever and is not obliged to provide a reason for doing so.  Neither Netball Australia nor any Member Organisations take any responsibility or assume any liability for any User Content posted by you or any third party.