General: By accessing or otherwise using the Fast5 Netball portal located at http://playfast5.com.au (Portal) or the Fast5 Netball mobile application (Application), you agree to be bound by these Terms of Service (Terms). The Portal and Application are owned or licensed and operated by Netball Australia Limited (ACN 003 142 818) (Netball Australia) and you acknowledge that Netball Australia provides you with access to the Portal and Application subject to these Terms.
The Application is licensed, not sold, to you for use only under these Terms and Netball Australia reserves all rights not expressly granted to you. You acknowledge that Apple Pty Limited, Apple, Inc. or any of their subsidiaries or related entities (Apple) is not a party to these Terms, and that Netball Australia is solely responsible for the Application and its content.
Netball Australia Network: You agree that, by using the Portal or Application, your information may be collected, held, used and shared within the network of State and Territory Organisations (STO), participating clubs, organisations and other entities involved in Fast5 Netball (the Netball Australia Network) and Netball Australia and/or the Netball Australia Network may send you marketing communications from the Netball Australia Network unless and until you opt out. For more information about how each organisation within the Netball Australia Network handles your personal information (including your information access, correction and complaint rights), please refer to their respective privacy policies
Scope of Licence: The licence granted to you by Netball Australia is limited to a non-exclusive, non-transferable licence to use the Portal, and to use the Application on any compatible Apple device that you own or control and as permitted by Apple’s usage rules from time to time. Nothing in these Terms allows you to:
Unless stated otherwise by Netball Australia, these Terms will govern any upgrades provided by Netball Australia that replace and/or supplement the original Portal or Application.
User Name and Password: In order to become registered to use some or all of the Portal or Application’s functions and set up your profile, you must complete the registration process in accordance with the instructions on the Portal or Application. Upon completion of the registration process, you will be issued a user name and password in order to use the Portal and Application. You must memorise your password or store your password in a safe and secure place. Do not disclose your password to anyone or allow any other person to access or use your account. You are responsible for any use of the Portal or Application using your username and password.
Consent to Use of Data: You agree that Netball Australia may collect and use: (i) technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals that is gathered periodically; and (ii) if you log into the Portal or Application using your profile on a third party service, website or application, data from your profile on such service, website or application, in each case to facilitate the provision of software updates, product support and other services to you (if any) related to the Portal or Application. Netball Australia may use this information to improve its products or to provide services or technologies to you.
By using the Portal or Application you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Portal or Application may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Netball Australia does not warrant that the Portal or Application is free of viruses or other harmful elements.
Maintenance and Support: You acknowledge that any maintenance and support services for the Portal or Application, if any, will be provided by or for Netball Australia and that Apple has no obligation whatsoever to furnish any such services for the Application.
Participation Policy: The terms of Netball Australia’s Fast5 Netball Participation Policy from time to time, available at http://playfast5.com.au/terms-and-conditions, are incorporated into these Terms by reference.
Providers: Nothing in these Terms is intended to limit, exclude, restrict or modify the effect of any arrangement between the relevant STO and an organisation, association or other entity which operates or otherwise manages Fast5 Netball competitions.
Termination: Your right to access the Portal or Application will continue until terminated. If you breach any of these Terms, Netball Australia may immediately suspend or terminate your access to the Portal or Application, or if the Application is disabled or removed from your device by the third party operator of the online marketplace from which you obtained the Application. You may terminate your access to the Portal or Application by contacting Netball Australia in accordance with the Communication section below and requesting same. Upon termination of your access to the Portal or Application for any reason, you shall cease all use of the Portal or Application.
Services: The Portal and Application may enable access to Netball Australia’s and third party services and web sites (collectively and individually, Services). Use of the Services may require Internet access and that you accept additional terms of service. You acknowledge that you are solely responsible for any fees charged by your mobile carrier or internet provider in relation to your use of the Portal or Application. You understand that by using any of the Services, you may encounter content that may be considered offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that Netball Australia shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. Netball Australia, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Netball Australia be liable for the removal of or disabling of access to any such Services. Netball Australia may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
Third Party Materials: Certain Services may display, include or make available content, data, information, applications or materials from third parties (Third Party Materials) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Netball Australia is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Netball Australia does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.
Variations: Netball Australia may vary the Portal, Application, Services and/or these Terms, including but not limited to changing the functionality or appearance of the Portal or Application. Your continued use of the Portal or Application after such a variation constitutes your acceptance of the updated Portal, Application, Services or Terms, as the case may be.
No Warranty: You expressly acknowledge and agree that use of the Portal and Application are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Portal, Application and Services are provided on an “as is” and “as available” basis, with all faults and without warranty of any kind and Netball Australia hereby disclaims all warranties, guarantees and conditions with respect to the Portal, Application or Services. Netball Australia does not warrant against interference with your enjoyment of the Portal or Application, that the functions contained in, or Services performed or provided by, the Portal or Application will meet your requirements, that the operation of the Portal or Application will be uninterrupted or error-free, or that defects in the Portal, Application or Services will be corrected. No oral or written information or advice given by Netball Australia or its authorised representative shall create a warranty.
Netball Australia expressly limits its liability for breach of a condition or warranty implied or a consumer guarantee imposed by virtue of any legislation to the following remedies (the choice of which is to be at Netball Australia’s discretion):
Notwithstanding any other term of these Terms, if the Application does not comply with any applicable warranty or guarantee, you may notify Apple, and Apple will refund the purchase price you paid for the Application, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses incurred by you in connection with the Application’s failure to comply with any warranty will be Netball Australia’s sole responsibility.
The information accessed via the Portal, Application or Services is not exhaustive. Netball Australia will make reasonable efforts to ensure that the information provided via the Portal, Application or Services is accurate and current, but makes no warranties or representations that this information is accurate, complete or suitable for your purposes. In particular, any location data provided by the Portal, Application or any Services is informational purposes only and is not intended to be relied upon.
Product Claims: You acknowledge that Netball Australia, not Apple, is responsible for addressing any claims from you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Limitation of Liability: To the extent permitted by law, in no event shall Netball Australia be liable for any loss or damage (including direct, incidental, special, indirect or consequential damages, loss of profits, loss of data or business interruption costs) arising out of or related to your use or inability to use the Portal, Application or Services however caused, regardless of the theory of liability (contract, tort, including negligence or otherwise) and even if Netball Australia has been advised of the possibility of such damages. The foregoing limitations will apply even if the above stated remedy fails its essential purpose.
Export Restrictions: You may not use or otherwise export or re-export the Application except as authorised by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported: (i) into any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Intellectual Property Rights: Netball Australia owns or is licensed to use all intellectual property in the Portal and the Application, unless indicated otherwise. You agree that, subject to your use of the Portal and/or Application in accordance with the limited licence granted to you in these Terms, you will not infringe Netball Australia’s intellectual property or other rights in the Portal or Application and will not modify, copy, republish, frame, distribute or communicate any part of the Portal or Application or any information contained therein or otherwise use them in a way which will infringe Netball Australia’s intellectual property or other proprietary rights.
You acknowledge that in the event of any third-party claim that the Application, or your possession and use of the Application, infringes that third party’s intellectual property rights, Netball Australia, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
If a third party alleges or makes a claim that the Portal, Application or Services infringe that third party’s copyright or proprietary rights, your sole remedy and Netball Australia’s entire liability in relation to such claim or allegation shall be, in Netball Australia’s sole and absolute discretion, to: (i) replace or modify the infringing materials so that they are non-infringing; (ii) obtain a licence for you to use the infringing materials or (iii) terminate these Terms.
Communication: If you wish to contact Netball Australia in writing you can send this by e-mail or by prepaid post to [email protected] or PO Box 13285, Law Courts VIC 8010. If Netball Australia has to contact you or give you notice in writing, it will do so by e-mail to the address you provide during the registration process.
Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms (to the extent that the Terms apply to an Application) and, on your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
Governing Law and Jurisdiction: These Terms are governed by the law of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction of those courts on any basis.
Assignment: Netball Australia may assign or transfer its rights and obligations under these Terms to another organisation, but this will not affect your rights or Netball Australia’s obligations under these Terms. You may not transfer your rights or obligations under these Terms to another person.