Terms and Conditions

  1. FOX SPORTS PULSE Site Terms of Use
  2. FOX SPORTS PULSE Standard User Terms

FOX SPORTS PULSE Site Terms of Use

Fox Sports Pulse Pty Ltd ACN 092 147 423 and each of its related companies and subsidiaries (FSP) own and operate a number of internet and mobile websites, including www.foxsportspulse.com, www.gameday.com.au and any sporting club or sporting organisation (Club) website powered by FSP (Websites).

By using a Website you agree to comply with these terms of use (including any incorporated terms) and any other rules of use contained on that Website as they exist at that time (Terms of Use). These Terms of Use apply whenever you access Websites, regardless of how you access the Websites, including internet, PDAs, mobile phones and RSS feeds.

1. Intellectual Property Rights

1.1 All intellectual property in relation to content on Websites belongs to FSP or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on Websites without the copyright or trade mark owners’ permission.

1.2 Websites and their contents are protected by Australian and international copyright law and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute any of this content in any way except as expressly permitted on that Website or expressly authorised in writing by FSP.

1.3 You may download and view content or print a copy of material on Websites for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these Terms of Use are reserved by FSP.

1.4 You must not:

(a) cover or obscure the banner advertisement on Websites;

(b) remove any copyright, trade mark or other proprietary right notices contained on Websites; and

(c) modify, adapt, translate, or reverse engineer any portion of the Websites.

2. Your Contributions

2.1 You may make comments or contributions (Contributions) to Websites.

2.2 You warrant that your Contributions:

(a) are true, correct and up to date;

(b) are not misleading or deceptive, defamatory, offensive or obscene;

(c) do not infringe the intellectual property rights of any third party; and

(d) can be lawfully published by you or FSP.

2.3 FSP may in its absolute discretion remove your Contributions, including if FSP deems them, in its absolute discretion, to be in breach of this clause.

3. Advertisements

3.1 Websites may include advertising and promotional material provided by FSP advertisers. FSP does not recommend or endorse any advertiser, its products or services and you should contact the advertiser directly if you have any queries or concerns regarding the content of any advertisement.

3.2 In some instances, advertisements may contain offers that you can accept by clicking through to the advertiser’s website. Such offers are not made by FSP and the advertiser is solely responsible to you for the delivery of any goods or services you purchase on the Third Party website.

3.3 From time to time FSP features, promotes or sponsors special events, competitions and other activities conducted by third parties on-line and/or off-line. FSP does not accept any responsibility for your participation. There may be specific terms and conditions applicable to those activities and you should check these carefully.

4. Third Party Websites

4.1 Websites may contain hyperlinks and other pointers to internet websites operated by persons other than FSP (Third Party). These linked websites are not controlled by FSP, and FSP is not responsible for the availability or contents of any linked website or any hyperlink contained in a linked website.

4.2 Websites may contain content provided to FSP by other parties (Third Party Content). FSP does not have a practice of monitoring or making inquiries about Third Party Content. FSP is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of FSP. You rely on Third Party Content completely at your own risk.

4.3 You acknowledge that many of the goods and services supplied to you are supplied by Third Parties on the Third Party’s own separate terms and conditions.

4.4 FSP does not accept responsibility for the acts or omissions of any Third Parties in connection with a Website, including the delivery or non-delivery of goods or services to you.

5. Liability and indemnity

5.1 Websites are provided on an “as is” and “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. FSP does not warrant that the Websites will be accessible, uninterrupted or free at all times; secure or error free; or that any errors in the software will be corrected.

5.2 Nothing in this clause affects your rights under the Competition and Consumer Act 2010 (Cth) or similar legislation under which FSP’s liability may not be excluded, restricted or modified by private agreement. If FSP is liable to you for any:

(a) breach by FSP of any express term of this Agreement or of any term implied under the general law; or

(b) tort committed by FSP (including negligence), or bailment for acts or omissions of FSP, its employees and contractors arising out of or in relation to the goods or services or any delay or other failures to supply any goods or services,

FSP’s liability to you is limited (at FSP’s election) to any one of supplying, repairing or replacing, or paying the cost of supplying, repairing or replacing, the goods or supplying again, or paying the cost of supplying again, the services in respect of which the breach occurred.

5.3 FSP excludes all liability to you arising out of or in any way related to this Agreement for consequential or indirect losses and damages even if FSP knew they were possible or they were otherwise foreseeable, including lost profits, loss of revenue, income or production and damage suffered as a result of claims by any Third Party.

5.4 By using a Website, you agree to indemnify FSP, its subsidiaries, officers, agents, partners and employees against all claims made by any Third Party arising out of or connected with your use of a Website or your use of a Website to link to Third Party websites.

6. Purchase of Product or Service

You may order certain products or services from FSP or a Club by using the online order form in accordance with the instructions supplied. FSP and the Club reserve the right not to accept an order or to cancel an order for any product or service placed by you. Supply of the product or service constitutes acceptance of your order by FSP or Club. If you are under 18 years of age, you may use a Website and purchase products and services only with the supervision of a parent, guardian or other adult person.

7. Pricing and payment

7.1 You will be charged for any products or services you order at the prices shown on the order form. FSP and Club are not bound by or responsible for any typographical errors in the pricing information on the order form or any other documents published on a Website. The prices indicated on the order form or any other document on a Website apply only to orders placed via the online order form. Product and service pricing and availability are subject to change without notice.

7.2 All prices are in Australian dollars and are exclusive of GST (unless otherwise specified).

7.3 Payment by way of credit card is acceptable. If paying by credit card you will be required to supply appropriate details on the order form. This is a service provider by a third party financial institution and a small percentage of the fee will be payable to that institution, credit or debit card provider and FSP for the provision of this service.

8. Delivery and Returns

8.1 Conditions around delivery, postage, timeframes and return are governed by the terms notified in the order process.

9. Privacy and use of personal information

9.1 FSP recognises that privacy is important and that you have the right to control your personal information. FSP is bound by its Privacy Policy, which observes the Australian Privacy Principles under the Privacy Act 1988 (Cth), a copy of which can be found on the FSP Website.

9.2 The only information about you that FSP stores is what you provide to FSP. FSP uses the information in accordance with the Privacy Policy, including to supply goods and services to you and to enhance the services. Because FSP uses Third Parties to help supply goods or services to you, FSP needs to provide certain information you have given us about you to them.

9.3 Information that FSP holds on you will be disclosed to you on request in accordance with the Privacy Policy.

9.4 Other companies who may advertise on a Website may also collect information about you if you click on their advertisements or access their sites.

10. Use of cookies

10.1 FSP uses cookies to help optimise your use of a Website. Cookies in and of themselves do not personally identify users, although they do identify a user’s browser.

10.2 FSP makes use of cookies to provide authentication to Websites and to allow the tracking of the logged in status of a user.?Most web browsers automatically accept cookies, but you can usually change your browser settings to display a warning before accepting a cookie, or to refuse all cookies. However, if you choose to disable cookies then you will not be able to access some portions of the Websites.

10.3 FSP web servers automatically collect information about a user’s IP address, browser type and referrer by reading this information from the user’s browser (information provided by every user’s browser). This information is collected and used in an aggregated, anonymous manner for internal traffic analysis of Websites. This information is automatically logged by most Websites.

11. Security

11.1 You must make sure that you keep your username and password by which you access the Websites confidential and secure at all times.

11.2 All information concerning you is stored in a secure database on a secure server. FSP will endeavour to take all reasonable steps to keep secure any information FSP holds about you. However, FSP is not responsible for system failure.

11.3 FSP uses industry standard security protocol SSL (Secure Sockets Layer) to encrypt your credit card information. FSP does not store your credit card details on a Website or on its premises. All credit card details are stored within a bank secure server.

12. Changes to Terms of Use

FSP may vary any of these Terms of Use at any time without prior notice to you. Your continued use of the Website is acceptance of the variation.

13. General Conditions

The Terms of Use are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them. If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, that invalidity or unenforceability will not affect the remainder of the Terms of Use, which will continue in full force and effect.

14. Contact Us

If you have any questions relating to a Website or Privacy Policy, or you have a problem or complaint, please contact us at privacy@FOXSPORTSPULSE.com.

Related policies

Privacy Policy

User Terms

FOX SPORTS PULSE Standard User Terms

These standard Terms of Use (including the Policies and any incorporated terms) form a legally binding contract (Agreement) between you and Fox Sports Pulse Pty Ltd ACN 092 147 423 (and its related bodies corporates) (FSP). By accessing the Systems, you agree to the terms of this Agreement.

1. GRANT OF RIGHTS AND OBLIGATIONS

1.1 Your Governing Body and FSP have entered into an agreement under which FSP has agreed to supply you with Services and access to the Systems and, in some cases where applicable, to share with your Governing Body any profits generated from the exercise of Digital Rights.

1.2 It is your responsibility to ensure your Data is always kept up to date. You:

(a) acknowledge that all Content is transmitted and stored at your own risk. FSP is not liable for any lost Content or Data for any reason;

(b) are responsible for all telephone, mobile and internet costs and charges associated with accessing the Systems and communicating to your participants;

(c) agree that, if you elect to make payments by credit card, this is a service provider by a third party financial institution and a small percentage of the fee will be payable to that institution, credit or debit card provider and FSP for the provision of this service;

(d) acknowledge that FSP may exercise the Digital Rights and upload FSP Content on the Systems and use Data. FSP’s use is subject to any agreed restrictions between FSP and your Governing Body and our Privacy Policy; and

(e) must comply with the Policies and any applicable standards, awards, laws and regulations.

1.3 If you upload any Content, you warrant that the Content is at all times:

(a) true, correct and up to date;

(b) not misleading or deceptive, defamatory, offensive or obscene;

(c) not infringing on the Intellectual Property Rights of any third party;

(d) able to be lawfully published by you or FSP; and

(e) in compliance with applicable laws, including in relation to privacy and spam.

1.4 FSP may in its absolute discretion remove your Content, including if FSP deems its placement to be in breach of clause 1.3.

2. SUPPORT SERVICES

2.1 Systems have not been specifically written to meet your specific requirements and are provided on an ‘as is’ and ‘as available’ basis. FSP does not warrant that the Systems or Services will be accessible, uninterrupted or free at all times; secure or error free; or that any errors in the software will be corrected.

2.2 FSP will provide the following Support Services:

(a) telephone and email advice from 8am to 5.30pm EST (noting an FSP technical consultant will be on call outside normal Australian EST business hours); and

(b) access to any update or patch which is made generally available by FSP to licensees of the FSP Network.

2.3 Support Services do not include:

(a) advice or correction of defects that have been caused by:

(i) failure to operate the Systems in accordance with its user documentation;

(ii) a third party;

(iii) modification to or alteration of the Systems (except as authorised in writing by FSP);

(iv) any unauthorised use of the Systems;

(v) failure to use the Systems in a suitable operating environment;

(vi) any hardware malfunctions; or

(vii) failure to comply with the terms of this Agreement;

(b) hardware maintenance services or investigation or corrections of errors in software other than software provided by FSP; and

(c) support of software that is not one of the two most recent versions of the software.

3. ADVERTISEMENTS

3.1 Websites may include advertising and promotional material provided by FSP advertisers. FSP does not recommend or endorse any advertiser, its products or services and you should contact the advertiser directly if you have any queries or concerns regarding the content of any advertisement.

3.2 In some instances, advertisements may contain offers that you can accept by clicking through to the advertiser’s website. Such offers are not made by FSP and the advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

3.3 From time to time FSP features, promotes or sponsors special events, competitions and other activities conducted by third parties on-line and/or off-line. FSP does not accept any responsibility for your participation. There may be specific terms and conditions applicable to those activities and you should check these carefully.

4. USE OF COOKIES

4.1 FSP uses cookies to help optimise your use of FSP websites and the Website. Cookies in and of themselves do not personally identify users, although they do identify a user’s browser.

4.2 FSP makes use of cookies to provide authentication to websites and to allow the tracking of the logged in status of a user.?Most web browsers automatically accept cookies, but you can usually change your browser settings to display a warning before accepting a cookie, or to refuse all cookies. However, if you choose to disable cookies then you will not be able to access some portions of the websites.

4.3 FSP web servers automatically collect information about a user’s IP address, browser type and referrer by reading this information from the user’s browser (information provided by every user’s browser). This information is collected and used in an aggregated, anonymous manner for internal traffic analysis of websites. This information is automatically logged by most websites.

5. SECURITY

5.1 You must make sure that you keep your username and password by which you access the System confidential and secure at all times.

5.2 All information concerning you is stored in a secure database on a secure server. FSP will endeavour to take all reasonable steps to keep secure any information FSP holds about you. However, FSP is not responsible for system failure.

5.3 FSP uses industry standard security protocol SSL (Secure Sockets Layer) to encrypt your credit card information. FSP does not store your credit card details on a website or on its premises. All credit card details are stored within a bank secure server.

6. PRIVACY, INTELLECTUAL PROPERTY AND CONFIDENTIALTY

6.1 FSP recognises that privacy is important and that you have the right to control your personal information. FSP agrees that it will collect, use and disclose your Data only for the purposes of this Agreement and in accordance with our Privacy Policy.

6.2 Each party agrees:

(a) you own and retain all Intellectual Property Rights in your own Content;

(b) FSP own and retain all existing and future Intellectual Property Rights in the FSP Network and Systems (other than your Content); and

(c) FSP grants you the non-transferable right to use the Systems for registration and competition administration purposes during the Term.

6.3 You acknowledge that Confidential Information of FSP, and in particular information about the FSP Network, is of great value and importance to FSP such that the unauthorised use, disclosure or duplication of it would result in significant harm to FSP.

6.4 Each party may:

(a) use Confidential Information of the other party solely for the purposes of this Agreement; and

(b) disclose Confidential Information of the other party only to employees who have a need to know and have been specifically approved by the other party; as required by law or stock exchange regulation; and to professional advisors, including lawyers and accountants.

6.5 A party is not obliged to comply with this clause if the Confidential Information becomes public knowledge during this Agreement; or the other party became aware of that Confidential Information from a third person, in circumstances where there was no breach of any obligation of confidence.

7. LIMITATION OF LIABILITY

7.1 Nothing in this clause 7 affects your rights under the Competition and Consumer Act 2010 (Cth) or similar legislation under which FSP’s liability may not be excluded, restricted or modified by private agreement. If FSP is liable to you for any:

(a) breach by FSP of any express term of this Agreement or of any term implied under the general law; or

(b) tort committed by FSP (including negligence),
FSP’s liability to you is limited (at FSP’s election) to repaying any amounts paid under this Agreement or resupplying any Services to which you are entitled in accordance with the terms of this Agreement.

7.2 You must:

(a) not bring any claim or proceeding against FSP for any damage, loss, expense or liability you may suffer in relation to the Systems, Services or this Agreement; and

(b) indemnify FSP against all losses, damages, expenses and costs (on a full indemnity basis) that FSP may sustain or incur as a result, whether directly or indirectly, of your breach of this Agreement or your Content.

7.3 Each party excludes all liability to the other party arising out of or in any way related to this Agreement for consequential or indirect losses and damages even if the first party knew they were possible or they were otherwise foreseeable, including lost profits and loss of revenue, income or production.

8. TERM AND TERMINATION

8.1 This Agreement starts on your access to the Systems and continues until the agreement between FSP and you Governing Body expires or terminates, unless it is terminated earlier in accordance with this clause 8 (Term).

8.2 If you or your Governing Body are in breach of this Agreement, FSP may, without prejudice to any right, suspend your access to the Systems and Services until that breach has been fully rectified to FSP’s satisfaction.

8.3 Either party may terminate this Agreement with immediate effect by giving written notice to the other party if that other party breaches any:

(a) material term of this Agreement not capable of remedy, including a Policy term; or

(b) term of this Agreement capable of remedy and fails to remedy the breach within 14 days after receiving written notice requiring it to do so.

8.4 FSP may terminate this Agreement by giving you 14 days written notice.

8.5 On termination of this Agreement:

(a) you will no longer have access to the Systems;

(b) your Governing Body will be responsible for any refund of registration fees (if applicable) and not FSP; and

(c) you must not use, disclose or sell to any person any FSP Confidential Information.

9. GENERAL

9.1 This Agreement:

(a) or any right under this Agreement, may only be assigned to a related body corporate;

(b) is the entire agreement between the parties as to its subject matter and supersedes any prior understanding, representation or agreement between the parties;

(c) does not create a relationship of employer and employee, principal and agent, or partnership between FSP and you; and

(d) is governed by the law applicable in Victoria and each party irrevocably and unconditionally submits to the non exclusive jurisdiction of the courts of that state.

9.2 This Agreement may be varied at any time without prior notice to you. Your continued use of the Systems is acceptance of the variation.

10. DEFINITIONS

In this Agreement:

Confidential Information means all confidential information in any form, including trade secrets, confidential know-how, market research and strategies, client and financial information and the FSP Network.

Content means any content, including text, data, graphics, images, photographs, videos, music, advertisements, creative, results, venue information, official appointments and any other information.

Data means any name, mail or email address, telephone number or any other personal or contact information.

Digital Rights mean the exclusive right to commercialise and generate revenue from or in relation to the Systems across internet, mobile, email and other nominated platforms, including publication of FSP Content on Systems, placement of advertisements, sponsored messages and advertorials on Systems in any number, size, format and location.

FSP Network means all FSP owned or operated websites (internet and mobile) and social media networks and online membership and registration, competition management, website creation and other systems developed by FSP, including all related software, source code and documentation.

Governing Body means the sport’s body to which you are registering as a player, official or other nominated participant.

Intellectual Property Rights means all intellectual property rights, including:

(a) patents, copyright, rights in circuit layouts, registered designs, trade marks and the right to have confidential information kept confidential; and

(b) any application or right to apply for registration of any of those rights.

Policies mean these User Terms, the Privacy Policy, Site Terms of Use, applicable payment terms and any other FSP standard policies or terms and conditions as amended from time to time.

Privacy Policy mean FSP’s Privacy Policy as amended by FSP from time to time (a copy of which is available on www.foxsportspulse.com).

Services means the services FSP has supplied, is supplying and will supply under this Agreement, including:

(a) access to the Systems, and supply of any personnel, equipment or documentation;

(b) customisation, support and maintenance, hosting, testing, integration and implementation services; and

(c) payment services, including third party payment gateway.

Systems mean the elements of the FSP Network developed for or used by your Governing Body, including the Services, Website and any additional member services you may select such as results and reminders, personal profiles and webpages and competitions and offerings.

Term means the term of this Agreement as specified in clause 8.1.

Website mean any website you may create or contribute to using the System.

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