Terms and Conditions
ACCEPTANCE OF TERMS AND CONDITIONS
Your use of and access to the SWITCH ON SPORT Sites constitutes your agreement to the Terms and Conditions. SWITCH ON SPORT reserves the right to amend, update or change the Terms and Conditions at any time without prior notice and you should periodically refer to them. SWITCH ON SPORT may also offer other services that are governed by different terms and conditions. In such cases the other terms and conditions will be posted on the relevant site to which they apply. For the avoidance of doubt, these Terms and Conditions equally apply to the use of SWITCH ON SPORT Sites (including access to Content) by wireless means, including mobile telephone and other devices in use now or in the future.
INTELLECTUAL PROPERTY IN CONTENT ON SWITCH ON SPORT SITES
The content of the SWITCH ON SPORT Sites (including copyright works, text, material, software, images, graphics, advertisements, databases, sound recordings, cinematograph films, animation, downloads, e-cards, streaming audio and streaming video) (together, “Content”) is copyright © Football West Ltd and/or its licensors. All Rights Reserved.
You must not modify, adapt, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, store, republish, print, commercialise, frame, upload or otherwise distribute the Content in any way except as expressly permitted on the SWITCH ON SPORT Sites. Provided that you keep all Content intact and in the same form as made available by SWITCH ON SPORT on the SWITCH ON SPORT Sites, you may, using an industry-standard web browser, temporarily download and view the Content for your personal, non-commercial use but only in the course of browsing the SWITCH ON SPORT Sites. Otherwise no part of the content of this site may be reproduced in any form without the written consent of SWITCH ON SPORT. All rights not expressly granted are reserved by SWITCH ON SPORT. The Content has been carefully compiled from sources believed to be reliable, but all Content is provided on the basis that SWITCH ON SPORT does not warrant or guarantee and accepts no responsibility for the accuracy or completeness from time to time of any Content for any purpose. Subject to any statutory provisions which may not be excluded by law, SWITCH ON SPORT will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any Content or its publication, including any action for copyright infringement, trade mark infringement or defamation.
You agree that all of SWITCH ON SPORT’s trademarks and other SWITCH ON SPORT names, logos and brand features, are the property of Football West (the SWITCH ON SPORT Marks). Without Football West’s prior permission, you agree not to display or use in any manner the SWITCH ON SPORT Marks.
USER LICENCE AND CONSENT
By submitting, posting or placing any information or other material on the SWITCH ON SPORT Sites (together, Material) or accessing the SWITCH ON SPORT Sites, you grant to Football West a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Material:
- use, copy, reproduce, adapt, communicate, transmit, broadcast make available, publish, print, publicly perform or display; and
- sublicense to any person the unrestricted right to exercise any of these rights.
You warrant that the Material and its use does not infringe any copyright, trade mark, patent, design, privacy, confidentiality or any right of any party or any law. You indemnify SWITCH ON SPORT and any of its assignees or licensees from any claim, liability, loss or damage arising in respect of your breach or alleged breach of this warranty. You will procure that any author of Material, unconditionally and irrevocably, to the fullest extent permitted by law
USE OF SWITCH ON SPORT SITES
You are responsible for obtaining access to the SWITCH ON SPORT Sites, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the SWITCH ON SPORT Sites. You also understand and agree that the SWITCH ON SPORT Sites may include advertisements and that these advertisements are necessary for SWITCH ON SPORT to provide the SWITCH ON SPORT Sites.
The SWITCH ON SPORT Sites may contain one or more bulletin board, chat forum, comment section or other communication facility (Forum). By using and accessing the SWITCH ON SPORT Sites or a Forum, you agree that you will not do any of the following:
• post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libellous, contemptuous, obscene, vulgar, pornographic, profane or indecent Material;
• post, communicate or transmit Material which violates or infringes the rights of any other person or party or infringes any law;
• inhibit or restrict any other user from using the SWITCH ON SPORT Sites;
• interfere with the computer systems which support the SWITCH ON SPORT Sites; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
• post, communicate or transmit any file which contains viruses, worms, “Trojan horses” or any other harmful, contaminating or destructive features;
• access or attempt to access information resources you are not authorised to use;
• impersonate or falsely represent your association with any person or organisation;
• attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of a SWITCH ON SPORT Sites, including the use of automated tools;
• post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising;
• delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures; or
• post, download or communicate any file or material posted by another user of a SWITCH ON SPORT Sites if you know, or reasonably ought to know, that the file or material cannot legally be downloaded or communicated in that manner.
You acknowledge that SWITCH ON SPORT may or may not pre-screen Material, but that SWITCH ON SPORT and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Material that is available via the SWITCH ON SPORT Sites. It is your sole responsibility to be aware of the lawfulness of the Material. You acknowledge that all Forum communications are public and not private communications. SWITCH ON SPORT 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 anyone (including you) posting material which violate or allegedly violate any law. You agree and acknowledge that:
• SWITCH ON SPORT is not responsible for any content or material in any Forum (including, without limitation, any information, comments and/or advice of any individual or party referred to as a guest or expert whose statements on a Forum are their own);
• SWITCH ON SPORT does not authorise or endorse the comments or material of users of a SWITCH ON SPORT Sites or Forum.
Complaints and comments regarding potentially prohibited material on a Forum should be submitted via our e-mail.
MODIFICATIONS TO SWITCH ON SPORT SITES
SWITCH ON SPORT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SWITCH ON SPORT Sites (or any part thereof) with or without notice. You agree that SWITCH ON SPORT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SWITCH ON SPORT Sites (or any part thereof).
LINKING TO SWITCH ON SPORT SITES
You must not link to any SWITCH ON SPORT Sites without first obtaining the prior written consent of Football West and such consent must be signed by Football West’s Chief Executive Officer to be valid.
THIRD PARTY WEBSITES
SWITCH ON SPORT Sites may contain links or references to Internet websites operated by third parties (Third Party Sites). SWITCH ON SPORT provides these links as a courtesy and this should not be interpreted in any way as an endorsement of any Third Party Site. Third Party Sites are not under the control of SWITCH ON SPORT and SWITCH ON SPORT is not responsible for the content of any Third Party Site. SWITCH ON SPORT makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from Third Party Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SWITCH ON SPORT Sites, 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. You agree that SWITCH ON SPORT 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 on the SWITCH ON SPORT Sites.
These Terms and Conditions are effective until terminated by SWITCH ON SPORT and SWITCH ON SPORT may terminate this agreement and/or your access or membership to the SWITCH ON SPORT Sites at any time without prior notice to you. In the event that SWITCH ON SPORT terminates your access to the SWITCH ON SPORT Sites, you are no longer authorised to access the SWITCH ON SPORT Sites, however, all restrictions imposed on you, licences granted by you and all SWITCH ON SPORT’s disclaimers and limitations of liability contained in the Terms and Conditions will survive termination.
DISCLAIMER AND LIMITATION OF LIABILITY
SWITCH ON SPORT and Football West do not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified. However, SWITCH ON SPORT and Football West exclude all other rights, remedies, conditions and warranties in respect of goods, services and the SWITCH ON SPORT Sites arising under custom, law or statute which may be excluded. To the fullest extent permitted by law:
• Neither SWITCH ON SPORT nor Football West makes no warranties, either express or implied, regarding the SWITCH ON SPORT Sites, the Content or any goods or services including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. SWITCH ON SPORT does not warrant that your access to the SWITCH ON SPORT Sites, the delivery of the SWITCH ON SPORT Sites or the Content shall be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.
• Neither SWITCH ON SPORT nor Football West will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access, any SWITCH ON SPORT Sites or any Content, or any product or service, even if SWITCH ON SPORT has been advised of the possibility of such damages or losses.
• SWITCH ON SPORT’s liability and Football West’s liability in respect of any product or service purchased from a SWITCH ON SPORT Sites is limited to the less of (i) the replacement of any product or service purchased; and (ii) the purchase price paid by you to SWITCH ON SPORT for that product or service.
• SWITCH ON SPORT is not liable to you or anyone else in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of a SWITCH ON SPORT Sites or a Third Party Site.
You indemnify SWITCH ON SPORT, Football West, its licensees and/or assignees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with any breach or alleged breach by you of these Terms and Conditions or any other legal obligation.
SWITCH ON SPORT’s failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of its rights.
Football West’s failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of its rights.
If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms and Conditions will not be affected and these Terms and Conditions will be read as if the part had been deleted in that jurisdiction only.
SWITCH ON SPORT may assign its rights in whole or in part to any person in SWITCH ON SPORT’s absolute discretion.
These Terms and Conditions will be governed and interpreted in accordance with laws of the State of Western Australia, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.
CONTACTING THE WEBSITE
If you have any questions not addressed on this page, please send us an e-mail.