NETBALL AUSTRALIA CONDITIONS OF USE – ONLINE SYSTEMS
Effective 8 July 2019
1. Netball Australia Limited (“NA”) (ABN 66 003 142 818) is an Australian public company limited by guarantee and is the national governing body for netball in Australia. NA and each ANO (defined in section 2 below) provides access to a number of Online Systems (defined in section 3 below) for the benefit of netball players, netball participants, netball fans, other netball stakeholders and the general public. These Online Systems are generally operated by NA or the relevant ANO on servers in Australia but may be operated by third parties contracted by NA or ANOs from time to time, using servers both in Australia and overseas.
2. For the purposes of these Conditions of Use (“Conditions of Use”), the term “Australian Netball Organisation” or “ANO” refers to each of NA’s State and Territory Member Organisations (being the governing bodies of netball in each Australian State and Territory known as Netball ACT, Netball NSW, Netball NT, Netball Queensland, Netball SA, Netball Tasmania, Netball Victoria and Netball WA), each Suncorp Super Netball Club (being Adelaide Thunderbirds, Collingwood Magpies Netball, GIANTS Netball, Melbourne Vixens, NSW Swifts, Queensland Firebirds, Sunshine Coast Lightning and West Coast Fever), the Confident Girls Foundation, Super Netball League, and any other organisation that, from time to time, delivers netball, for example NetSetGO centres, Fast5 providers and netball schools.
3. For the purposes of these Conditions of Use, the term “Online Systems” includes, but is not limited to:
a. A computer or device connected to a network (such as Internet) and ready to use (or be used by) other computers or devices.
b. Database, file, or webpage available for downloading or reading.
c. Services such as ticket reservation systems, participation registration and competition management, online learning, or capability such as online help, available directly through a computer system or under its direct control.
d. Digitized content that can be transmitted over the internet or computer networks. This can include text, audio, video, and graphics.
e. Websites and applications that enable users to create and share content or to participate in social networking, including bulletin boards, chat forums and comments sections.
4. These Conditions of Use govern your access to and use of the Online Systems and any services provided through or in connection with the Online Systems (“Services”). By accessing or using the Online Systems or Services, you are deemed to agree to these Conditions of Use and your access to and use of the Online Systems and Services is conditional upon your compliance with these Conditions of Use. If you do not agree to these Conditions of Use, you must immediately exit and cease to access or use the Online Systems and Services.
5. NA wants everyone who uses the Online Systems to have a safe and enjoyable experience and NA needs your help to ensure this is the case. As such, in using the Online Systems you agree that you will not:
a. post content that is:
i. hate speech or racially offensive;
ii. threatening or abusive;
iii. obscene, vulgar, indecent, pornographic, profane or contains nudity or graphic or gratuitous violence;
iv. likely to or intended to incite violence;
b. use an Online System for any improper or unlawful purpose, including:
i. stalking, harassing, bullying or discriminating against other users;
ii. misleading or deceptive conduct, defamation, libel, contempt or a breach of confidence; or
c. impersonate any other person or entity while using the Online Systems;
d. upload viruses, worms, trojan horses or other malicious codes, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of the Online Systems or engage in a denial-of-service attack on the Online Systems;
e. do anything that could disable, interfere with, overburden, or impair the proper working or appearance of an Online System;
f. copy, reverse-engineer, decompile, disassemble or modify any Online System;
g. collect content from any Online System using automated means (such as harvesting bots, robots, spiders, or scrapers); or
h. post unauthorised commercial communications (such as ‘spam’ or advertisements) on Online Systems.
6. NA does not systematically review content that is posted on the Online Systems and is not responsible for that content, but NA may screen, edit delete or remove any content from any Online System at any time (in its sole and absolute discretion).
7. NA reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone (including you) posting material which violates or allegedly violates any law.
8. If you believe that the behaviour or material of another user is objectionable or contrary to these Conditions of Use, you can report the behaviour or material to NA using the contact details below.
C. INTELLECTUAL PROPERTY
9. All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to or arising out of the Online Systems or the Services is owned by or licensed to NA or the relevant ANO, unless otherwise indicated. You acknowledge and agree that neither these Conditions of Use nor your use of or access to the Online Systems or the Services transfers any right, title or interest in the intellectual property rights owned by NA or any ANO to you.
10. You must not copy, adapt, modify, reproduce, decompile, communicate, broadcast, make available, transmit, perform, store, republish, print, commercialise, frame, upload or otherwise distribute any material from the Online Systems without NA’s consent. In particular, you must not incorporate any material from any part of an Online System in any commercial work or publication, and no material from an Online System may be distributed or copied for any commercial purpose. You may save, print or reproduce copy from the Online Systems solely for your personal (non-commercial) education or information.
11. The Online Systems contain trade marks which may be registered or otherwise protected by law. These include the logos of NA, ANOs and their respective products, programs, teams, clubs and competitions. You are not permitted to copy or use these trade marks except with the express written permission of NA.
12. Some parts of the Online Systems may allow you to submit, upload, post or transmit content or materials (including text, photographs, graphics, video, audio or other materials (“Content”)). By submitting, uploading, posting or transmitting Content, you agree to:
a. warrant to NA that the Content is your own original work, it is not defamatory, it does not infringe any copyright, trade mark, patent, design, privacy, confidentiality or any other right of any party or any law, and that you have the right to make it available to NA;
b. grant NA an irrevocable, perpetual, royalty-free, non-exclusive, transferable, sub-licensable worldwide right and licence to (and to authorise others to) use, reproduce, copy, adapt, modify, distribute, publish, perform, communicate, transmit, broadcast, make available, print or display, and to exercise all copyright and publicity rights with respect to the Content worldwide. If you do not want to grant to NA the rights set out above, you should not submit, upload, post or transmit the Content to any Online System;
c. consent to NA (and relevant ANOs) using and publishing (and authorising others to use and publish) your name, character, likeness, image, voice or anything else that identifies you which is contained in the Content;
d. consent to (and to procure from any other person who created any part of the Content their consent to) any act or omission that would otherwise infringe moral rights in the Content and present and future rights of a similar nature conferred by statute anywhere in the world, including with respect to the following: (i) alteration of size, colour and shape; (ii) editing and adaptation, including use with other materials and the overlay or superimposition of other materials; (iii) digitisation, including communication to the public; and (iv) non-attribution of the author, and you also agree, if requested by NA, to execute any instrument or document which NA believes is required to give effect to any licence, waiver or consent; and
e. consent to NA linking the Content to other material (including material submitted, uploaded, posted or transmitted by other users and material created by NA, any ANO and/or other third parties), to NA using the Content for NA’s business purposes, including to promote, market or advertise NA and the Online Systems, and to NA directly or indirectly gaining commercial benefit from the Content.
13. You must not link to any NA or ANO website without first obtaining the express written permission of NA or the relevant ANO.
D. PERSONAL INFORMATION
15. Subject to these Conditions of Use, any person may access or use the Online Systems without being required to register with NA, however, you may be required to register or sign-on as a user to access and make full use of the functionality of certain areas of the Online Systems and Services.
16. If you wish to become a registered user, you must provide the personal information required on the relevant registration page of the Online System, which information must be true and correct when given. This information may include your name, title, email address, date of birth, home address, country of residence, telephone number, employer name, office address, payment details and billing address, as well as an ID, username, password or other sign-on credentials.
a. if you are a netball participant registered on MyNetball, your name, playing statistics, matches played, match details, including location, date and time and grade summary pages are searchable;
b. if you are an office bearer for a club or association, your contact details and position are searchable; and
c. if you are an umpire, fixtures and appointments are searchable.
18. It is your responsibility to keep your personal details, including contact information, accurate and up-to-date so NA can most effectively communicate with you and operate the Online Systems and deliver the Services for your benefit.
E. SIGN-ON CREDENTIALS
19. If you are a registered user of the Online Systems, you must ensure that you keep your sign-on credentials secret and do not disclose them to anyone – as you are responsible for all activities undertaken under your sign-on credentials.
20. It is your responsibility to notify NA immediately of any unauthorised use of your sign-on credentials as soon as you become aware of it.
21. You must not transfer your sign-on credentials to anyone without first obtaining NA’s permission.
22. To the extent that the functionality of an Online System does not already require you to do so, you should change your password regularly.
23. NA may merge your records if you have duplicate or superfluous sign-on credentials or other records on the Online Systems.
24. If you are under 18 years old, you should obtain the consent of your parent or guardian before using or registering for an Online System.
F. ANTI-SPAM NOTICE
25. You must not use any personal information (including, but not limited to names, locations and any email addresses) that appears on an Online System to infer consent to the receipt of unsolicited commercial electronic messages or other communications from you or other third parties. Without limiting the foregoing, the personal information (including, but not limited to, email addresses) of any NA or ANO personnel must not be used by you to send unsolicited commercial electronic messages.
26. Some functionality of the Online Systems are only available to NA and ANO personnel, or particular groups of NA stakeholders. Certain persons are also granted the ability to administer elements of the Online Systems. If you are an administrator of an Online System, your role is to:
a. ensure that the information you record in an Online System is accurate and complete;
b. update information in Online Systems as and when you become aware that the information is out-of-date;
c. maintain the security of your administrator sign-on credentials;
d. comply with all aspects of these Conditions of Use; and
e. if you are recording personal information in an Online System, ensure:
H. THIRD PARTY WEBSITES
27. The Online Systems contain links to other websites or systems including social media channels operated by third parties. NA provides these links as a courtesy and ready reference for engaging in netball and this should not be interpreted in any way as an endorsement of any website or system, its operator or any goods or services promoted. These third party websites or systems are not under NA’s control, and NA is not responsible for, and will not be liable in respect of, the content or operation of those third party websites or systems.
28. Your correspondence or business dealings with, or participation in promotions of, advertisers and sponsors found on or through Online Systems, 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 and sponsor. You agree that neither NA nor any ANO shall 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 and sponsors on the Online Systems.
I. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
29. The information and material contained on or available through the Online Systems is provided to you for general information purposes only. NA 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, to the fullest extent permitted by law:
a. you use the Online Systems at your own risk;
b. you must not place reliance on the information and material contained on or available through the Online Systems as a substitute for appropriate professional coaching and other advice tailored to your specific circumstances. In particular, 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;
c. NA provides you with access to the Online Systems and Services without any express or implied warranties, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement;
d. NA does not guarantee, or make any representations or warranties that the Online Systems and Services will be always safe, secure, current, complete, accurate, available, and free of errors, defects, bugs or viruses;
e. NA excludes all rights, remedies, conditions and warranties, whether express or implied, in relation to the Online Systems and Services and any goods or services accessible or promoted via the Online Systems arising under custom, law or statute which may be excluded; NA will not be liable for any direct loss or damage that you may suffer as a result of using the Online Systems or Services, or any loss of profit, sales, business opportunity, goodwill, anticipated savings or data, or for any special, indirect, incidental or consequential loss or damages of whatsoever kind resulting from the use of the Online Systems or Services, even if NA was aware or ought to have been aware of the possibility of such loss or damage, however, arising, whether in contract, tort, negligence, misrepresentation or otherwise; and
f. NA’s liability in respect of any goods or services purchased from the Online Systems is limited to the lesser of:
i. In the case of a supply of goods, NA doing any one or more of the following at NA’s election): replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or, paying the cost of having the goods repaired; and
ii. In the case of a supply of services, NA doing either or both of the following (at NA’s election): supplying the services again; or, paying the cost of having the services supplied again.
30. You indemnify NA, the ANOs and their respective officers, employees, representatives, licensees and/or assignees against any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with the posting or deletion of the Content submitted, uploaded, posted or transmitted by you or any breach or alleged breach by you of these Conditions of Use or of any other legal rights or obligations or of any applicable laws.
31. You acknowledge that you are responsible for obtaining all hardware and software to use the Online Systems and Services and must pay all telecommunications costs and charges incurred by you in using the Online Systems and Services.
32. Effective from 18 March 2020 and following Netball Australia’s announcement in relation to the postponement of national, state and community netball competitions due to the COVID-19 pandemic and government directed restrictions, users acknowledge that any goods or services purchased using the Online Systems on or after 18 March 2020 are non-refundable
J. MODIFICATION OF CONTENT, ONLINE SYSTEMS AND SERVICES
33. NA may update any content on any Online System from time to time, without notice.
34. The Online Systems and Services are provided on an “as is” basis and access to the Online Systems and Services depends on telecommunications and internet services providers and other external factors and we do not guarantee the availability of the Online Systems and Services at all or at any specific time. Neither NA nor any ANO will, therefore, be in breach of these Conditions of Use or otherwise liable to you or any other person for any unavailability or failure of the Online Systems or the Services or any delay or other failure by NA or any ANO to comply with these Conditions of Use that is caused by or arises from any event or circumstances beyond the control of NA or any ANO (as applicable).
35. NA reserves the right at any time and from time to time to suspend access to, modify or discontinue, temporarily or permanently, the Online Systems and/or Services with or without notice.
36. You agree that neither NA nor any ANO shall be liable to you or to any third party for any modification, suspension, or discontinuance of the Online Systems and/or Services.
37. These Conditions of Use are effective until terminated by NA. NA and ANOs may (with or without notice to you) modify, restrict, prevent, withdraw or terminate your access to or use of the Online Systems and Services (including by blocking your access to the Online Systems and Services or deactivating your sign-on credentials) for any reason whatsoever or for no reason, and without prior notice to you, including where NA or an ANO believes that you are in breach of these Conditions of Use. If you are no longer authorised to access the Online Systems and Services, however, all restrictions imposed on you, licences granted by you and all of NA’s disclaimers and limitations of liability contained in these Conditions of Use will survive termination.
38. These Conditions of Use may be updated by NA from time to time. NA will post, or link to, any amended Conditions of Use on all of the Online Systems. Your continued use of the Online Systems constitutes acceptance of the amended Conditions of Use.
39. NA may assign its rights in whole or in part to any person in NA’s absolute discretion.
40. These Conditions of Use are governed by the laws of the State of Victoria, Australia and you submit to the exclusive jurisdiction of the Victorian courts.
41. Any provision of these Conditions of Use that is either wholly or partly unenforceable will be severed to the extent necessary to make the remaining provisions of these Conditions of Use enforceable.
42. Any partial exercise, failure to exercise, or delay in exercising a power, right or remedy provided under these Conditions of Use, or by law, does not operate as a waiver, or prevent or restrict any further or later exercise of that power, right, or remedy.
43. In these Conditions of Use, unless the context requires otherwise:
a. any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others;
b. any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words;
c. references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and
d. the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Conditions of Use.
Approved by NA Board 29 June 2019
8 July 2019 (replaces 29 June 2016)