Last updated: 17 October 2014
3. Different types of Users
3.2 To make full use of the functionality of this Website, you may need to register with Netball Australia to access different parts of the Website or specific Services. There are 3 different types of registration (collectively referred to as “Registered Users”), namely: (i) MyNetball general registration, which is available where any affiliated netball entity has registered for access to the MyNetball Service (“MyNetball General User”); (ii) online shopping registration, which is required if you wish to make purchases from the Netball Australia online store (“Online Shopping User”); and (iii) industry registration, which is only available to a user who is an employee or other representative of an organisation that is a Netball Australia Entity (a “Netball Australia Contributing Member”).
3.4 Online Shopping Users are subject to the additional terms and conditions for our online shop.
4.1 If you wish to become a Registered User, you must provide Netball Australia with certain true and correct information about yourself (the “User Registration Information”), as requested by the relevant registration page on this Website. Information requested may include your: email address; name; title; date of birth; home address; country of residence; telephone number; employer / organisation name; office address; payment details; and billing address.
4.2 You must promptly notify and update Netball Australia if any of your User Registration Information is erroneous or changes from time to time. By providing your contact details, you are deemed to agree to Netball Australia contacting you via such means.
5. Use of the Website Material
5.1 The Website Material is provided to you as a general guide only and must not be relied on by you or any other person as a substitute for appropriate professional coaching and other advice tailored to your specific circumstances. Any health, diet or exercise advice is not intended as medical diagnosis or treatment. You should always seek professional medical advice before commencing any new exercise program or taking up a new sport such as Netball.
6. Intellectual Property Rights
7. Submitted Materials
7.2 If you choose to submit or post User Material, you must own or have the right to submit or post that User Material and it must not: (i) infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including Netball Australia and its representatives) or to misrepresent your identity or affiliation with any person; (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate; or (v) advertise any product or service or solicit any business.
7.3 You agree that Netball Australia ANOs may: (i) edit or delete your User Material; (ii) link your User Material to other material, including User Material submitted by other Users or material created by Netball Australia and/or other third parties; (iii) use your User Material for its business purposes, including to promote, market or advertise this Website and Netball Australia; and (iv) directly or indirectly commercially benefit from your User Material.
7.4 Unless agreed otherwise, Netball Australia ANOs do not claim any ownership rights in your User Material, however, by submitting User Material you are deemed to grant Netball Australia an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to download, use, modify, distribute, copy, reproduce in a material form, publish, perform or cause to be heard or seen in public, communicate to the public, make an adaptation of, enter into a commercial rental arrangement in respect of that User Material.
8. Prohibited activities
You must not submit, post, upload, email or otherwise send or transmit to this Website, Netball Australia ANOs or any User anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this Website. You must not interfere with this Website or the servers or networks underlying or connected to this Website or violate any of the procedures, policies or regulations of this Website or any networks connected to this Website. You must not impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose.
9. Confidentiality of user name and password
If you are a Registered User, you must not disclose your login user name or password for this Website to any other person. If such disclosure has or you believe that such disclosure may have occurred (whether intentionally or accidentally), then you must immediately inform the relevant Netball Australia Entity. To the extent that the functionality of this Website does not already require Users to do so, you must change your password regularly.
10. Cessation of services
11. Indemnity by you-
12. Other websites
13. Changes to this Website
Subject to clause 2.2, the Netball Australia ANOs may (with or without notice to you) make changes to this Website, the Website Material and the Services.
14. Availability of this Website
This Website, the Website Material and the Services are provided on an “as available” basis and the Netball Australia ANOs shall not be liable if this Website, the Website Material or the Services are unavailable for any period. We may (with or without notice to you) temporarily suspend access to this Website, the Website Material and/or the Services or indefinitely close down this Website at any time. The Netball Australia ANOs do not represent, warrant or undertake that this Website, the Website Material or the Services will be error, defect, “bug” or “virus” free.
15. Accuracy of this Website
This Website, the Website Materials and the Services are provided on an “as is” basis and Netball Australia makes no representations, warranties or undertakings with respect to this Website, the Website Material or the Services, including as to the currency, accuracy or completeness of this Website, the Website Material or the Services.
16. Limitation of liability
16.1 The exclusions and limitations on liability in these terms and conditions, including this clause 16, do not apply to any liability to the extent that the same may not be excluded or limited as a matter of law and this clause 16 is subject always to clause17.
16.3 If, notwithstanding the above, we are liable to any person, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, under or in connection with these terms and conditions, then our liability is limited in aggregate to the lesser of $5,000 and the purchase price paid for our product the subject of the relevant claim, action, proceeding or dispute.
17. Statutory Rights
17.1 To the fullest extent permitted by applicable law, we exclude all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) and the application or availability of any statutory rights (including any statutory guarantees that any goods or services supplied under these terms and conditions are of satisfactory quality or fit for their purpose).
17.3 If the CCA or any other applicable legislation provides you with any non-excludable statutory rights (including any implied representations, warranties, terms or conditions or any statutory guarantees) in respect of any goods or services supplied under these terms and conditions, then the exclusions of and limitations on our liability in these terms and conditions do not apply in respect of such non-excludable statutory rights, however, where our liability with respect to such non-excludable statutory rights may be restricted or modified, then, without prejudice to any non-excludable statutory rights that you may have which may not be restricted or modified by agreement, our liability is limited in the manner set out in clause 16.2.
18. Force majeure
20. Entire agreement
21. Rights cumulative
24. Governing law
26. Contacting NETBALL AUSTRALIA and NETBALL AUSTRALIA ANOS
email to: email@example.com
phone to: 03 8621 8600
writing to: The Privacy Officer Netball Australia, PO Box 13285 Law Courts VIC 8010