THIS SITE IS OWNED AND PUBLISHED AND/OR MANAGED AND PUBLISHED BY SPORTAL AUSTRALIA PTY LIMITED ("SPORTAL"). THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR USE OF THE SITE:
1. REGISTRATION FORMS AND PERSONAL DATA
By completing and submitting the registration form on this site you will be able to access extra Community Services like Newsletters, Chat Forums and personal e-mail facilities. By doing so, you will be providing Sportal with certain data, and also be registering for the whole of the Sportal Network which will allow you automatic access to other restricted Community Services on other Sportal owned or managed sites.
Sportal collects and uses two types of data about users of its sites: (1) Personal Data - (names and addresses etc) via which it is possible to identify an individual from that information; and (2) Aggregated Data - being all other information that relates purely to generic statistics such as traffic flow and demographics.
Sportal will only collect, use and transfer Personal Data about you if you have consented to that collection, use and transfer, unless Sportal believes that such action is necessary to (a) conform to legal requirements (b) protect and defend its rights or property (c) enforce this User Agreement or (d) act to protect the interests of its users or others.
You give your consent in the following ways:
a) Upon acceptance of the Terms and Conditions (ie by clicking the "accept" button) you automatically consent to Sportal:
collecting the information that is on the Registration Form, and information about your movements around and use of this site and other Sportal owned or managed sites, for the purposes described below.
contacting you with relevant material, for example about your use or potential use of this site and other Sportal owned or managed sites.
transferring your Personal Data to other Sportal companies (subsidiaries or affiliates), and to those Sportal companies contacting you with other relevant material, for example about your use or potential use of this site or other Sportal owned or managed sites.
transferring your Personal Data to Sportal's site franchise partner if this site is one which Sportal publishes and manages for a third party franchise partner (e.g. a club or organisation), and to that franchise partner contacting you with other relevant material.
transferring your Personal Data to any data processors that Sportal has nominated to act as its agent for any of the above activities. The data will always remain under the control and direction of Sportal.
transferring your Personal Data to any country in which a Sportal server is located for the purpose of providing you the sites and services within Sportal Network and for conducting the above activities.
By checking other boxes on the Registration Form you can additionally choose to have your Personal Data passed on to specially selected Third Parties that Sportal believes will be able to supply you with useful information, and for those Third Parties to contact you with relevant marketing material.
You can unsubscribe from any of these services at any time by contacting Sportal via the Feedback Contact FOrm
Other non-personal information will be collected and used by Sportal and may be transferred to third parties. Any such statistical or demographic information will not include personal details through which you could be identified. In addition to non-personal information given on your Registration Form, information is automatically collected about traffic around the site. This is also only used in aggregate form and no individual registered user will be identified.
Access of your Personal Data
You will always have access to the information and content that you provide to us, by contacting us via the Feedback Contact Form. You can easily edit or delete that information by request, or by using the "modify" facility on the site.
Sportal uses "cookies" to speed up access to the site (it bypasses checking the registered user database.) A cookie is a small piece of information sent from Sportal to your computer to help us to identify you quickly. It is possible for you to disable these cookies by changing your browser settings, but this may slow down or prohibit access to parts of the site.
Security is paramount to Sportal in respect of your data. We use a variety of software to ensure appropriate security and encryption.
2. INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT OF THE SITE.
All material on the site is owned by Sportal, or (as warranted) by its licensors, and is protected by intellectual property laws. You may not copy, modify, reproduce, republish, post, transmit or distribute in any way any material from this site including the underlying code and software, save as authorised by this agreement. Sportal reserves the right to sue for breach of its intellectual property rights.
You are only authorised to use the site and its contents for your personal, non–commercial use. This amounts to viewing the site and printing off individual pages or sections for personal use. You may not use any part of the material on this site to establish, maintain or aid in the establishment or maintenance of your own publications, Internet or other.
Any content provided by you by, for example, posting messages to bulletin boards or chat forums, uploading files, inputting data, or engaging in any other form of communication through this service, although owned by you, is subject to a royalty-free, perpetual, non-exclusive, unrestricted, world-wide licence allowing Sportal to use, copy, sublicense, adapt, transmit, publicly perform or display any such content.
This licence does not apply to the message content of your personal email account, the privacy and integrity of which will be respected at all times.
3. SPORTAL'S OBLIGATIONS
Sportal will use its reasonable endeavours to ensure that the site and the facilities thereon (including newsletters, personal email and chat forums – Community Services) is/are available at all times and that the Sportal supplied content on the site is true, accurate and error free. However we do not guarantee this and provide no warranties unless specifically stated.
4. USER OBLIGATIONS
You warrant that all content submitted or posted by you to the site does not violate the rights of any third party.
In relation to the site and the Community Services, you may only use these for personal non-commercial purposes. You will ensure that all information provided on Registration Forms is accurate and kept up to date by using the "Modify" template as appropriate. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur through your use of the services, including all activities that take place under your email account.
You will not use the site or the Community Services: in connection with chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); to harvest or otherwise collect information about others, including email addresses, without their consent; to create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; to transmit Inappropriate Content as defined below; to transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; to attempt to gain unauthorised access to the service, other accounts, computer systems or networks connected to the service, through password mining or other means; or to interfere with another user’s use and enjoyment of the service or another entity’s use and enjoyment of similar services. You will not use the site for illegal or defamatory purposes or in connection with material that does not comply with the laws and regulations of the various regulatory regimes in Australia including but not limited to the Broadcasting Services Amendment (On Line Services) Act 1992 (Cth).
Inappropriate Content includes all language, comments, remarks and images which is in Sportal’s sole and absolute discretion: obscene, abusive, unlawful, racial, defamatory or harassing or which infringes upon the rights of others or which restricts or inhibits other users from using or enjoying forums or chat rooms or which may harm or damage the reputation of Sportal in any way.
5. SPORTAL'S RIGHTS
Sportal shall be entitled to discontinue the website services or any of the additional Community Services, or to disable any particular user's account or access rights at any time with no notice.
Sportal reserves the right to change any of these Terms and Conditions after you have been given notice of any changes.
In relation to any email service provided on this Site, Sportal may terminate such account for inactivity, being a failure to log in to the service 10 days or later after registration and, subsequently, a failure to use the account for 120 days since your last log-on. In addition, Sportal may delete unread email after 90 days. Sportal shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
Sportal shall have the right (but not the obligation) to monitor any publicly posted material and to, without notice edit, delete or remove any material postings or comments that it deems inappropriate or otherwise in violation of this agreement.
6. DISCLAIMER / LIABILITY
Use of the site and the facilities thereon, and any material or information obtained from this site (all of which is provided free of charge) is at your own risk, and Sportal hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, express or implied, of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement. In addition, Sportal shall not be responsible for the failure of performance of this site and/or the software used thereon or obtained therefrom; the loss of data or services resulting from delays, non-deliveries, mis-deliveries, or service interruption; the accuracy, quality, timeliness, completeness or nature of information obtained through its services; any omission in the information provided; nor the consequences arising from or related to any viruses transmitted through its servers, or any liability, costs, loss of profits or consequential losses arising from your use of, or inability to access this site, save that liability for death or personal injury is not excluded.
In relation to User Content Sportal shall not be responsible for any such content posted by users in chat rooms or other community areas. All such content whether expressed as opinions, statements or recommendations, are those of users expressing such views and are not those of Sportal.
This site may be linked to or from other sites that are not maintained by Sportal. Sportal does not control in any respect any information, products or services offered by such other sites and shall NOT be responsible for the content of such other sites. For example, users may be able to buy goods and services via the site, some of which may be through third party retailers who link to the site. Users may also enter into correspondence with or participate in promotions of advertisers on the Site. Sportal in no way endorses these third parties and any such transactions, dealings, correspondence with or participation in promotions of, third parties, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the corresponding user and the third party. Sportal assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.
You agree to indemnify Sportal in respect of any liability or any costs, loss of profits, loss of data, or consequential losses arising from a breach by you of any of the terms of this agreement.
This User Agreement shall be governed by and construed in accordance with the laws of Australia and the parties submit to the exclusive jurisdiction of the Victorian and Federal Courts of Australia.
If any provision(s) of the User Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Sportal's failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sportal in writing.
10. CONTACT DETAILS
If you have any concerns or questions, please contact Sportal by phoning +61 3 9602 0400 or email us your questions and comments.
Sportal Australia Pty Limited. ACN 090 886 132