Terms of Use
AFL.com.au Terms of Use
Welcome to the afl.com.au website ("afl.com.au"). This site is operated by Telstra Corporation Limited (“Telstra”) (ACN 051 775 556, ABN 33 051 775 556) pursuant to an agreement between Telstra and the Australian Football League (“AFL”)(ACN 004 155 211, ABN 97 489 912 318) (together “we, us”). Your access to and use of afl.com.au is subject to these terms, the afl.com.au Privacy Statement, the afl.com.au Copyright and Trade Mark Notice and any other terms contained on this web site ("Terms of Use"), whether or not you become a member of afl.com.au.
1 What you must do
1.1 You must use afl.com.au in a responsible manner.
1.2 If you are under 18 years of age, you must obtain a parent/guardian’s consent prior to using afl.com.au.
2 What you must not do
2.1 You must not:
(a) use afl.com.au for any activities or post or transmit to or via afl.com.au any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes;
(b) use afl.com.au in a way or post to or transmit to or via afl.com.au any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying afl.com.au;
(c) use telstra.com webmail to send unsolicited electronic mail messages to anyone;
(d) to make any fraudulent or speculative enquiries, bookings, reservations or requests using afl.com.au;
(e) use another’s name, username or password without permission;
(f) post, or transmit via afl.com.au, any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
(g) tamper with, hinder the operation of or make unauthorised modifications to afl.com.au;
(h) knowingly transmit any virus or other disabling feature to afl.com.au; and
(i) attempt any of the above acts or permit another person to do any of the above acts.
3 Third Party Content
3.1 Many of the products and services offered for sale or advertised and much of the information provided on afl.com.au are the products, services and information of parties other than Tesltra and the AFL (“third parties”).
3.2 The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.
3.3 Wehave not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via afl.com.au. You should check with the third party supplier whether there are additional charges and terms which may apply.
3.4 We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on afl.com.au or accessible through a hyperlink on afl.com.au. You acknowledge and consent to us receiving the fees.
4 Prices and products and services are subject to change
4.1 All prices displayed and products and services offered to be supplied on afl.com.au are subject to change without notice.
5 afl.com.au Messaging Services
5.1 We provide messaging services via telstra.com (eg WebMail, SMS,). We will endeavour to ensure the continuity of our messaging services.
5.2 We may delete any mail message sent to you or by you if:
(a) the size of the message (including attachments) exceeds 4MB;
(b) the size of the message (including attachments) when multiplied by the number of recipients of the message exceeds 4MB;
(c) all of your undeleted messages (including attachments) exceed 4MB.
If we delete mail messages, we are not obliged to notify you or the sender of the message.
5.3 We may delete your electronic mailbox and reassign your mailbox username to another person if you do not use a messaging service for a period of 100 calendar days.
5.4 You are responsible for all equipment and software used to access the messaging services, and for the consequences of any filtering or other application you choose to apply to the messaging service.
5.5 From time to time, we may need to send you some important messages about the messaging services which are essential or relate to a service.
5.6 Without limiting the grounds on which we may terminate your access to afl.com.au under these Terms of Use, we may terminate your access to a messaging service at any time by giving you 24 hours notice.
5.7 If you are also a bigpond member, your bigpond member terms and conditions will prevail over this section 5 to the extent of any inconsistency.
5A Subscription
5A.1 You agree that by subscribing to afl.com.au., you aquire telstra.com membership by default.
5A.2 You must notify Telstra in the event of a change in their gst status
5A.3 You agree that your afl.com.au subscription is valid for one year. During this time, we will not provide full or partial refunds for this service.
5A.4 You agree to the limitations of use for downloading multimedia (to be defined)
5A.5 You agree that Telstra may terminate your afl.com.au subscription should your usage exceed specified limitations .
5A.6 You agree that it may take up to thirty days to receive confirmation of payment for your afl.com.au subscription.
6 Security
6.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the afl.com.au servers. We are not responsible for any information you may lose if the afl.com.au servers terminate your browser session due to prolonged periods of inactivity between your browser and the afl.com.au servers.
7 Indemnity
7.1 You indemnify us and our officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of afl.com.au by you or someone using your name and password.
8 Disclaimer and limitation of liability
8.1 TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY OF OUR OFFICERS, EMPLOYEES, AGENTS OR RELATED BODIES CORPORATE WILL BE LIABLE IN ANY WAY (INCLUDING FOR NEGLIGENCE) FOR ANY LOSS, DAMAGE, COSTS OR EXPENSES SUFFERED BY YOU OR CLAIMS MADE AGAINST YOU THROUGH USE OF AFL.COM.AU, ANY FAILURE TO PROVIDE AFL.COM.AU, INCLUDING A MESSAGING SERVICE, OR IN CONNECTION WITH ANY PRODUCTS, SERVICES OR INFORMATION SUPPLIED, OFFERED TO BE SUPPLIED OR ADVERTISED VIA AFL.COM.AU.
8.2 To the extent permitted by law, all warranties, conditions and representations about afl.com.au, the availability of afl.com.au for access and use, the products and services advertised, offered to be supplied or supplied via afl.com.au and the information provided on afl.com.au are excluded. If a term is implied by law into these Terms of Use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms of Use. However, our liability for breach of such term will be limited, at our option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv)payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of the services again; (ii) the payment of the cost of having the services supplied again.
9 Use of your information and material
9.1 When you send us any feedback, suggestions, ideas or other materials in relation to or via afl.com.au, you agree that Telstra and AFL can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.
10 Goods and Services Tax
10.1 If GST is imposed on any supply made by us through afl.com.au, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in these Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.
10.2 Subscribers to Afl.com.au must notify Telstra in the event of a change in their gst status
11 Changes
11.1 We may vary any of these Terms of Use at any time. We will give notice of any variations to members by email to the email address notified to us by the member. We will give notice of any variations to users of afl.com.au who are not members by posting the revised Terms of Use on the home page of afl.com.au. Your continued use after such notice will constitute acceptance of the variation.
12 Termination
12.1 If, in Telstra's or AFL’s reasonable opinion, you breach any of these Terms of Use, we may suspend, terminate or limit your access to afl.com.au and terminate the Terms of Use effective immediately.
13 General Matters
13.1 This agreement is governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning this agreement.
13.2 If any of these Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
13.3 If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.
13.4 In this agreement a reference to “we/us” means a reference to Telstra and the AFL both jointly and severally.
14 Specific disclaimers
14.1 Associated Press Disclaimer and Copyright Notice
Associated Press (AP) text, photos, graphics, audio and video works are only for the Permitted Use and must not, directly, or indirectly, be published, rewritten for broadcast, communication or publication or redistributed in any medium. Such AP materials and works must not be stored in any electronic or other system except for the Permitted Use. Neither the Licensee, Users or any other person may hold AP liable for any delays, inaccuracies, errors or omissions in respect of such materials and works, the transmission or delivery of such materials and works or any loss or damage arising from any of the foregoing.
15.0 AFL subscriber’s relationship to Telstra.com and Bigpond
15.1 afl.com.au subscribers attain telstra.com membership by default. The username and password can be used to login on both afl.com.au amd telstra.com. Users must adhere to telstra.com terms of use.
15.2 Bigpond Business Group accounts are excluded from linkage to afl.com.au subscription.
15.3 Bigpond Advance accounts are excluded from linkage to afl.com.au subscription.
15.4 Bigpond Prepaid accounts are excluded from linkage to afl.com.au subscription.
15.5 Bigpond Home Family Mail or Bigpond Business Active Mail subaccounts are excluded from linkage to an afl.com.au subscription.
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