Terms and Conditions

 

1. INFORMATION ABOUT US

1.1 Sportal.com.au is a website operated by Perform Media Australia Pty Limited ("we", "our", "us").   We are a company registered in Australia with ABN 68 090 886 132 and have our registered office at 120 Harbour Esplanade, Docklands, Victoria 3008.   We are part of the Perform Group.

2. TERMS OF WEBSITE USE

2.1 This page (together with the documents referred to on it) sets out the terms of use on which you may make use of the sportal.com.au website and the sportal mobile application (together and separately, "our site"), whether as a guest or a registered user.   Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use, which include the privacy policy that applies to our site the "Privacy Policy") (and any changes to the terms of use and/or privacy policy), and that you agree to abide by them.   If you do not agree to these terms of use and/or the privacy policy, please refrain from using our site.
2.2 We may, at any time and without notice, change, delete or add to our site or the information, products or services described on it.
2.3 We may, in our sole discretion, terminate or suspend your access to all or part of our site at any time, with or without notice, if you breach these terms of use.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it (other than Messages, as defined out below).   Those works are protected by copyright laws and treaties around the world.   All such rights are reserved to us and our licensors.   You may view our site and its contents using your web browser and you may electronically save or print parts of our site for your own personal use. You are not permitted to modify the material on our site or make any commercial use of it.

3.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.   In addition, you may not include a link to our site or display the contents of our site surrounded or framed or otherwise surrounded by material not originating from us without our consent.
3.3 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
3.4 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
3.5 "Sportal" is a trade mark of the Perform Group and which may be registered in certain jurisdictions.   All other trade marks used on our site are the property of their respective owners.
3.6 You may not circumvent, disable or otherwise interfere with security-related features of our site or any features which prevent or restrict use or copying of any content on our site.

4. ACCEPTABLE USE

4.1   You may use our site only for lawful purposes. You may not use our site:
4.1.1 In any way that breaches any applicable local, national or international law or regulation.
4.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
4.1.3 For the purpose of harming or attempting to harm minors in any way.
4.1.4 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
4.1.5 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
4.1.6 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.2    You also agree not to access without authority, interfere with, damage or disrupt:
4.2.1 any part of our site;
4.2.2 any equipment or network on which our site is stored;
4.2.3 any software used in the provision of our site; or
4.2.4 any equipment or network or software owned or used by any third party.

5. MESSAGE FEATURES AND CONTENT USE

5.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with this section.   You undertake that any such contribution complies with those standards.
5.2 Our site may offer opportunities for you to transmit messages in connection with various features including social media, message boards & chat rooms ("Message Features").
5.3 Where we do provide any Message Features, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
5.4 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Message Services provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.   However, we are under no obligation to oversee, monitor or moderate any Message Features we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any Message Features by a user in contravention of our content standards, or the presence of any Message on our site, whether the service is moderated or not.
5.5 The use of any of our Message Features by a minor is subject to the consent of their parent or guardian.   We advise parents who permit their children to use our Message Features that it is important that they communicate with their children about their safety online, as moderation is not foolproof.   Minors who are using any Message Feature should be made aware of the potential risks to them.
5.6 Where we do moderate a Message Feature, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
5.7 You must use Message Features in a responsible manner, and are solely responsible for any content you transmit.   You must not transmit any message ("Message") in connection with any Message Feature that:
5.7.1 imposes an unreasonable or disproportionately large load on our site’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying our site;
5.7.2 is (or could reasonably expected to be) unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
5.7.3 promotes violence or hatred;
5.7.4 is discriminatory or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
5.7.5 constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;
5.7.6 is not your original work or which violates or infringes (or could reasonably be expected to violate or infringe) the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
5.7.7 breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
5.7.8 contains any information, software or other material of a commercial nature;
5.7.9 contains advertising, promotions or commercial solicitations of any kind;
5.7.10 will be likely to harass, upset, embarrass, alarm or annoy any other person;
5.7.11 which you know (or ought reasonably to know) to be false, misleading or deceptive;
5.7.12 is used to impersonate any person, or to misrepresent your identity or affiliation with any person (including giving the impression that such Message emanates from us);
5.7.13 contains material irrelevant to the subject matter of the Message Feature; or
5.7.14 contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful programming routine.
5.8 We will determine, in our discretion, whether there has been a breach of our acceptable use policy or content use policy through your use of our site.   When a breach of this policy has occurred, we may take such action as we deem appropriate (including but not limited to editing or deleting any Message or User Name transmitted by you).
Failure to comply with this acceptable use policy constitutes a material breach of our terms of website use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
5.9.1 Immediate, temporary or permanent withdrawal of your right to use our site.
5.9.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
5.9.3 Issue a warning to you.
5.9.4 Bringing legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
5.9.5 Further legal action against you.
5.9.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.9.7 We exclude liability for actions taken in response to breaches of this acceptable use policy.   The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
5.10 You grant to us, our assigns and authorised nominees a non-exclusive, perpetual, worldwide, transferable and royalty free licence to use, display, modify, adapt, transmit, reproduce, exploit, exhibit and communicate to the public in all media throughout the world any Messages uploaded or transmitted by you on our site.
5.11 To the extent permitted by applicable law, you unconditionally and irrevocably:
5.11.1 consent, and will obtain all other necessary unconditional and irrevocable consents from other persons involved in producing any Messages, to any act or omission that would otherwise infringe any moral rights in any Messages which is uploaded or transmitted by you on our site; and
5.11.2 waive, and will obtain all other necessary unconditional and irrevocable written waivers of, all moral rights
5.11.3 for our benefit, or the benefit of our licensees, successors in title and anyone authorised by any of them to do the acts comprised in the copyright.

6. REGISTERED USERS

6.1 In order to participate in certain Message Features and to access certain features of our site, you may be asked to register by providing certain personal information such as, for example, your name and email address (our Privacy Policy explains how such information may be collected and used including our policy on cookies). You will also be asked to select a user name ("User Name") for identification purposes. You must not use any User Name that violates any term of subsections (5.7.1)-(5.7.12) above, or any other operating term set forth by our site.   The decision to register a User Name and password is at our discretion and we may revoke your User Name and password at any time.
6.2 You are responsible for maintaining the confidentiality of your password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the our site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
6.3 You must immediately notify us of any unauthorised use of your password or account or any other breach of security.
6.4 We will not be liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms of Use.   You may not use another person's account at any time without the express permission of the account holder.

7. CHILDREN AND YOUNG PEOPLE

7.1 Our site is primarily aimed at users who are over the age of 18.   There are however no barriers to those under 18 accessing our site or registering as users.   Users under 18 should only use our site with the permission of a parent or guardian.   The parents or guardians of anyone under 18 using our site should review these Terms of Use carefully.
7.2 The internet can be fun and educational, but it also contains material that is not suitable for children.  Parents can help keep their children safe online in a number of ways:
7.2.1 keep the computer in a public area of your home; and
7.2.2 educate children about the dangers of providing personal information to anyone online, especially in chat rooms; and
7.2.3 visit ACMA’s “Cybersmart Kids Online” website at http://www.cybersmart.gov.au with your children for more tips on staying safe online.

8. INFORMATION AND AVAILIBILITY

8.1 While we take every care to ensure that the information on our site is accurate and complete, some of it is supplied to us by third parties and we are unable to check its accuracy or completeness.   You are advised to verify the accuracy of any information before relying on it.   Further, due to the inherent nature of the internet, errors interruptions and delays may occur in the service at any time.   Accordingly, our site is provided "as is" without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

9. LINKS FROM OUR SITE

9.1 Where our site contains links to other sites and resources provided by third parties we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  You acknowledge that the presence of a link to third party sites does not constitute an endorsement by us of that site, its contents or its owner.  We encourage you to read the terms and conditions and privacy policies of any third party websites when you access them.

10. COMPETITIONS AND VOTES

10.1 From time to time, we (or selected third parties) may include votes, competitions, promotions or other offers on our site.   Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.

11. MOBILE TERMS OF USE

11.1 When accessing sportal.com.au via mobile, standard network charges apply.   Your handset must be WAP enabled.   You may incur additional WAP and GPRS charges from your network operator according to your contract. Our site via mobile (off portal) is not a subscription service.

12. VARIATION

12.1 We may revise these terms of use at any time by amending this page.   You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.   Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

13. INDEMNITY

13.1 You agree to indemnify us and our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:
13.2 any misrepresentation, act or omission made by you in connection with your use of our site;
13.3 any non-compliance by you with these Terms; or
13.4 claims brought by third parties arising from or related to your access or use of our site, including without limitation the Message Features or other information made available by you to our site.

14. LIABILITY

14.1 In respect of all aspects of our site other than our supply of products (and subject to the other provisions of this Section 14), we, any other party (whether or not involved in creating, producing, maintaining or delivering our site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with our site in any way or the Message Features or in connection with the use, inability to use or the results of use of our site, any websites linked to our site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our site or your downloading of any material from our site or any websites linked to our site.
14.2 If you choose to post your location, your intended location or any other such personal information via the Message Features or by any other method on our site you accept that this is entirely at your own risk and we are not responsible for any loss or harm which occurs as a result of your sharing any information about your location or intended location.
14.3 This Section does not in any way limit our liability:
14.3.1 for death or personal injury caused by our negligence;
14.3.2 in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 which cannot be excluded, restricted or modified, to the extent they are applicable to your use of our site;
14.3.3 for fraud or fraudulent misrepresentation; or
14.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
14.4 Where you buy any product or service from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

15. JURISDICTION AND APPLICABLE LAW

15.1 The courts of Victoria, Australia will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
15.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Victoria, Australia.

16. CONTACT US

16.1 If you have any concerns about material that appears on our site, please contact us at feedback@sportal.com.au. (place "re: terms of service" in the e-mail's subject line).
16.2 Thank you for visiting our site.

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