EFC Website Terms of Service
1. The EFC (Edwardstown Football Club Inc.) provides this service to you subject to the following Terms of Service.
2. These terms may be updated without notice to you and are deemed to be binding once displayed on the EFC website: www.edwardstownfc.com.au (“Website”).
3. The Terms of Service sets out the legally binding terms for your use of the Website. By using the Website, you agree to be bound by these terms whether you are a “Visitor” (which means that you simply browse the Website pages) or you are a “Member” (which means that you have registered to participate in EFC). The term “User” refers to a Visitor or a Member.
4. You are only authorised to use the Website (regardless of whether your access or use is intended) if you agree to abide by these Terms of Service and any applicable laws.
5. The Site is owned by Edwardstown Football Club (‘EFC’), PO Box 103, East Tce, South Plympton SA 5038, Adelaide, South Australia, Australia, ABN 47 384 915 519.
Proprietary Rights in the Website
6. You agree that all content appearing on the Website and available through provision of the services, including but not limited to text, graphics, pictures, videos, information, applications, software and other files are the proprietary property of the EFC, its users or its licensors with all rights reserved.
7. No Website content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the EFC’s prior written approval.
8. The services are made available for your personal, non-commercial use only.
9. You may not use the services for any illegal or unauthorised purpose.
10. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content (“Materials”) that you submit, post, and display on the Website.
11. The EFC may, but shall have no obligation to, remove Materials that it determines in its sole discretion to be unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service.
12. Examples of illegal or unauthorised uses include, but are not limited to:
(a) modifying, adapting, translating, or reverse engineering any portion of the services;
(b) removing any copyright, trademark or other proprietary rights notices contained on the Website;
(c) using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the services;
(d) collecting any information about other Members (including usernames and/or email addresses) for unauthorised purposes;
(e) reformatting or framing any portion of the Website;
(f) creating User accounts by automated means or under false or fraudulent pretenses;
(g) creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other Members or otherwise interfering with other Member’s enjoyment of the Website and services;
(h) submitting Materials of any third party without such third party’s prior written consent;
(i) directing any user (for example, by linking) to any Materials of any third party without such third party’s prior written consent;
(j) submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by, or otherwise associated with, the EFC;
(k) submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
(l) transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
(m) submitting Materials that are unlawful or promote or encourage illegal activity; or submitting false or misleading information.
13. The EFC has no obligation whatsoever to monitor any User’s use of the Website or to edit, delete or refuse to post any Material. However the EFC reserves the right to monitor your, or any User’s, use of the Website and to edit, refuse to post or remove any Material whatsoever. The EFC 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 any user of the Services.
Your NAB EFC Auskick Registration
14. NAB EFC Auskick is designed for Aussie kids aged 5 to 12 who want to play Australian football and learn different game techniques. To join NAB EFC Auskick, you’ve got to find your nearest NAB EFC Auskick centre.
15. Once you have located your nearest NAB EFC Auskick centre, all you have to do is provide your current, complete and accurate information as requested, so that you can have exclusive access (“Registration Data”).
16. When you register for NAB EFC Auskick, you are registering as per the terms of participation located at NAB AFL Auskick.
17. You agree to maintain and update your Registration Data when required so that it’s as current, complete and accurate as possible.
18. Any information that you provide on the Website must be truthful, lawful, and must not violate the rights of others.
19. You agree to indemnify and hold the EFC, its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand whatsoever, including reasonable legal fees, made by any third party due to or arising out of Material you submit, post, transmit or otherwise make available through the Website, your use of the services or your violation of any rights of another.
Modification to the Services
20. The EFC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services and/or Website with or without notice.
21. You agree that the EFC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services and/or Website.
Dealings with Providers of Sponsored Content
22. Your correspondence or business dealings with, or participation in promotions of, advertisers and sponsors found on or through the Website, 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.
23. You agree that the EFC shall not 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 Website.
24. All names, logos and trademarks are the property of the EFC or the third parties who have contributed to the Website. Nothing on the Website shall be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of the owner or the relevant contributor.
Termination of User’s Rights
25. The EFC may in its absolute discretion and without notice:
(a) refuse any person’s right to use the Website; and/or
(b) suspend or cancel any User’s rights.
Disclaimer of Warranties
26. You expressly understand and agree that your use of the Website is at your sole risk. The service is provided on an “as is” and “as available” basis. The EFC and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
27. The EFC and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that the service will meet your requirements; the service will be uninterrupted, timely, secure or error-free; the results that may be obtained from the use of the service will be accurate or reliable; and any errors in the software will be corrected.
28. Any material downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
29. No advice or information, whether oral or written, obtained by you from the EFC or through or from the service shall create any warranty not expressly stated in the Terms of Service.
30. You acknowledge that you are responsible for obtaining all hardware and software to use the Website and must pay all telecommunications costs and charges incurred by you in using the Website.
31. The EFC does not warrant that:
(a) any message to or from the EFC has not been altered in transmission;
(b) the Website will be accessible, uninterrupted or free at all times; or
(c) any message to or from the EFC will be received by the intended recipient.
32. This Agreement and the transactions contemplated by it will be governed by the laws in force in the State of South Australia, Australia and each party hereto submits to the exclusive jurisdiction of the Courts therein.
35. To use some of the Website services Users are required to register as Members. The information required includes email address, name and other demographic data.
36. The EFC’s primary goal in collecting User information is to enhance the User’s experience on the Website, by tailoring the Website to the needs of Users.
37. Several of the Website services require a User to provide an email address. The registered email address is used for this purpose. To maintain contact with Users, the EFC will periodically send electronic newsletters which contain content the EFC believes would be of interest to Members.
38. All email-based services are opt-in. Members always have the ability to opt-out at any time from the Website.
39. The EFC will not sell, rent, or lease your personally identifiable information to other, however the EFC may disclose User personal information when it is believed, in good faith, that the disclosure is required by law.
40. By subscribing to a mailing list you are consenting to allow the EFC to disclose your name and email address to the administrator of that mailing list.
41. In the case of a breach of these Terms of Services, the EFC reserves the right to take such action as it considers appropriate, in its absolute discretion.