Terms and Conditions
PlayFootball
Authorised User Terms and Conditions
By registering for, and subsequently accessing or using the PlayFootball Website, you acknowledge that you have read, accepted and agreed to be legally bound by these Terms and Conditions (Terms), as updated from time to time. These Terms explain our obligations and your obligations in relation to the use of PlayFootball.
1. DEFINITIONS
Authorised User means an authorised user of PlayFootball who has been nominated and approved by an Organisation as a user of PlayFootball, and who has been provided with a password by Football Australia in order to access the web pages that constitute a secure administration area of the PlayFootball Website
Competition means any competition, tournament, league, match or event registered with Football Australia in accordance with the Football Australia Statutes.
Club means any club registered with Football Australia in accordance with the Football Australia Statutes from time to time.
Data means all data entered into and generated by PlayFootball, including Personal Information.
District Association means a district or regional association or zone that is a member of a Member Federation from time to time.
Football Australia means Football Australia Limited (ACN 106 068 478) of Level 22, 1 Oxford Street, Darlinghurst NSW 2010.
Intellectual Property Rights means all rights conferred under statute, common law and equity in and in respect of intellectual property rights, including without limitation trade marks, trade names, domain names, logos and get up, inventions, patents, designs, copyright, circuit layouts, confidential information, know-how and trade secrets, whether registered or not, and all rights and interests in them or licences to use any of them.
Member Federation means a State, Territory or regional federation or association that is a member of Football Australia from time to time, including:
(a) Capital Football;
(b) Football Federation Northern Territory;
(c) Football Federation South Australia;
(d) Football Federation Tasmania;
(e) Football Federation Victoria;
(f) Football New South Wales;
(g) Football Queensland;
(h) Football West; and
(i) Northern New South Wales Football.
Organisation means any person which manages a football team, Club or Competition in Australia, including but not limited to Member Federations, District Associations and Clubs.
Personal Information has the meaning given to it in the Privacy Act 1988 (Cth).
PlayFootball means the national football management system operated by Football Australia and provided by Football Australia to Organisations, including web pages that constitute a secure administration area and a publicly available information area which shall be accessible through the PlayFootball Website.
PlayFootball Principal Authorised User means the user who:
(a) is the Authorised User nominated in that role for an Organisation; and
(b) is authorised by their Organisation to agree to these Terms on behalf of the Organisation and any other Terms which may be imposed or varied from time to time by Football Australia in relation to the Authorised User's or Organisation's use of PlayFootball; and
(c) consents to their contact email address to be publicly accessible by reason of their use of PlayFootball.
PlayFootball Website means a website through which PlayFootball is accessible, including https://admin.playfootball.com.au.
2. ACCESS AND CONDITIONS OF USE
2.1 Access
(a) Access to PlayFootball is only available to Organisations through their respective Authorised Users.
(b) Once you have successfully completed your first login as an Authorised User, which includes your acceptance of these Terms, you will be entitled to use PlayFootball.
(c) By accessing the PlayFootball Website you agree to be bound by the Terms of use of the PlayFootball Website (as they appear on the PlayFootball Website) which are in force at that time.
(d) Football Australia will determine, in its sole and unfettered discretion, whether to grant access to an Organisation and whether to accept an Authorised User.
(e) By accessing, posting to or submitting any content to the PlayFootball Website, you and your Organisation represent and warrant that;
(i) you have obtained the individual’s consent to handle their Personal Information and to lawfully enable Football Australia and Organisations to use the information in accordance with each of their respective privacy policies; and
(ii) the content does not and will not infringe any copyright or any other third-party rights (including without limitation any intellectual property right or right to privacy) nor violate any applicable law or regulation.
(f) Each PlayFootball Principal Authorised User is responsible for the actions of any person whom they approve as an Authorised User and will procure that each Authorised User shall comply with these Terms.
2.2 Acceptable Use
You and your Organisation must not use PlayFootball, attempt to use PlayFootball or allow PlayFootball to be used in any way:
(a) which breaches these Terms, or any notices, protocols, guidelines or other instructions provided or advised to you by Football Australia from time to time;
(b) which results in you or Football Australia breaching, or being involved in a breach of a law, order or regulation (including a foreign law, order or regulation), a mandatory code of conduct, or a voluntary code of conduct that you or your Organisation have agreed to comply with;
(c) to impersonate any person or falsely represent your association with any person or organisation;
(d) to access or attempt to access information or resources you are not authorised to access;
(e) which results in a third party using your login and password to access the PlayFootball Website;
(f) to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the PlayFootball Website, including the use of automated tools;
(g) to tamper with PlayFootball or any hardware or software (including without limitation uploading, posting, emailing or otherwise transmitting any material that contains software viruses, bugs or other computer code or programs designed to interrupt or limit the functionality of any computer software or hardware, intervening without authority, engaging in fraud, or causing technical failures);
(h) to transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information;
(i) to interfere with the right of others to use the PlayFootball Website;
(j) to use the PlayFootball Website to conduct any illegal activity or solicit the performance of any illegal activity;
(k) to send, display or be otherwise involved in material which is obscene or defamatory;
(l) which enables a minor to access material inappropriate for a minor, or to establish (or try to establish) contact with a minor not otherwise known to you;
(m) which incites discrimination, hate or violence towards one person or group because of their race, religion, gender or nationality;
(n) which is, or which is considered by Football Australia to be, offensive or abusive;
(o) to engage in any conduct that, in Football Australia's opinion, restricts or inhibits any other user from using or enjoying PlayFootball;
(p) to send or promote any unsolicited or unauthorised advertising, promotional materials, surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming
(q) to engage in any misleading or deceptive business or marketing practice, that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
(r) which infringes Football Australia's or any other person's rights (including privacy rights, intellectual property rights and moral rights); or
(s) which constitutes a misuse of Football Australia's or any other person's confidential information.
2.3 Security
It is a condition of you using the PlayFootball Website that you must not:
(a) tamper with other accounts, or commit unauthorised intrusion into any part of the PlayFootball Website;
(b) attempt to bypass any security controls;
(c) use the PlayFootball Website in a manner that encumbers disk space, processors or other system resources;
(d) make deliberate attempts to interfere with the functionality of the PlayFootball Website, overload the PlayFootball Website or attempt to disable a host; or
(e) attempt to use the PlayFootball Website without authorisation.
2.4 Password
(a) When you register with PlayFootball you provide a username and password that can later be used to log on to the PlayFootball Website. This username and password is linked to your Authorised PlayFootball User account and consequently allows you to access the PlayFootball Website.
(b) Encryption, together with your username and password, ensures the confidentiality, integrity and authenticity of your use of the PlayFootball Website. It is your responsibility to protect your password from disclosure to unauthorised individuals.
(c) You agree to:
(i) be responsible for all activities that occur under your username and password;
(ii) maintain the confidentiality of your password and secret questions;
(iii) change your password on a regular basis;
(iv) not save your password on the computer that you are using to access the PlayFootball Website;
(v) change your password if it becomes known to unauthorised persons;
(vi) cancel your access if you leave the Organisation which authorised your access to PlayFootball;
(vii) contact us if your username, password or secret questions have been lost, stolen or otherwise compromised; and
(viii) log out at the end of each session.
2.5 Acknowledgement
You and your Organisation acknowledge that:
(a) you are solely responsible for the entry of, approvals to enter and accuracy of all information in PlayFootball;
(b) you are responsible for any damage to your computer, systems or software caused by your use of the PlayFootball Website, including by any virus (irrespective of the origin of the virus) arising from your use of the PlayFootball Website;
(c) you are responsible for the integrity of equipment and software used to transmit Data to PlayFootball and to pay for internet service costs associated with such transmissions;
(d) you are responsible for accessing and reading notices and information provided by Football Australia in relation to the provision of services via the PlayFootball Website;
(e) you will be deemed to have received email notices sent by Football Australia to your registered email address when such notices have been received by your email system;
(f) you will have been deemed to receive electronic correspondence when Football Australia has successfully dispatched the item to your Authorised User account;
(g) advertisements from Football Australia or its sponsors may be incorporated into the PlayFootball Website from time to time;
(h) Football Australia may send you and your Organisation a range of football-related information, news, updates and promotional marketing material by email and may contact you and your Organisation from time to time in relation to usage of the PlayFootball Website; and
(i) Football Australia will not manually provide Data extracts at any time to any Authorised User or Organisation. An Organisation may obtain authorised Data extracts via the relevant administration functions of PlayFootball at any time.
3. TERMINATION OF USE
3.1 The term of these Terms shall commence upon your first use of PlayFootball and shall continue until terminated by either party as provided in this clause 3.
3.2 You or your Organisation may cancel access, terminate, suspend or restrict access by you or your Organisation to the PlayFootball Website at any time through the cancellation process available from the PlayFootball Website.
3.3 Football Australia may immediately terminate, suspend or restrict access by you or your Organisation to the PlayFootball Website without notice to you, if it determines that you or your Organisation have breached any of these Terms.
3.4 Football Australia may suspend or restrict access and use of the PlayFootball Website by you or your Organisation if Football Australia considers it necessary to protect its interests or those of any other person while it investigates any technical or operational issue or breach of security or a possible breach of these Terms.
3.5 Football Australia may also terminate your use of or access to the PlayFootball Website for its own reasons and without any fault on your part provided that in such circumstances Football Australia will attempt to give you not less than 30 days prior written notice of such termination where it considers that this is appropriate in its absolute discretion.
3.6 Upon termination of these Terms, you must immediately cease to use PlayFootball, and if requested provide a declaration to Football Australia confirming that you have complied with this clause 3.6. The requirements of this clause 3.6 are without prejudice to any other rights and remedies that Football Australia may have in respect of any breach.
3.7 Football Australia reserves the right to report any offence to the proper authorities, if necessary.
4. OPERATION OF PLAYFOOTBALL
4.1 You acknowledge and agree that your use of the PlayFootball Website is on an 'as is, as available' basis only and that it may not always be available to you.
4.2 Football Australia makes no representation and gives no warranty that the services provided via the PlayFootball Website will meet your requirements, be uninterrupted, timely or error-free. Football Australia will attempt to inform you as soon as possible of any outage that might materially affect your normal use of the PlayFootball Website. However, Football Australia will not be liable for delay to transactions or disruption to your business or operations, or those of your Organisation arising directly or indirectly from any such outage (whether or not the outage was notified to you by Football Australia in a timely manner or at all).
4.3 It is in your best interests to ensure that you have adequate contingency plans to protect the integrity of your operations and those of your Organisation and to ensure you and your Organisation can proceed despite any disruption or delay occurring in respect of the PlayFootball Website.
4.4 Football Australia may from time to time, with prior notice to you or your Organisation, temporarily discontinue PlayFootball services for the purposes of maintenance and core system improvements.
4.5 Football Australia may alter, suspend or decommission the PlayFootball Website at any time without giving reasons. Where reasonably practicable, Football Australia will attempt to give 60 days prior notice of any such action but may give a shorter period of notice as it deems appropriate in its absolute discretion.
4.6 You must promptly notify Football Australia if you discover or suspect any error or malfunction in the PlayFootball Website. In such an event, you agree to promptly provide to Football Australia information and details regarding any error or malfunction of the PlayFootball Website to the extent reasonably necessary to identify, confirm, investigate and rectify any such errors or difficulties (including where relevant any details of your operating environment or that of your Organisation).
4.7 Football Australia is not responsible for any infection caused to any of your or your Organisation's computer equipment or software by computer viruses, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of Football Australia, including your Organisation's inability to access PlayFootball.
4.8 Football Australia may conduct formal or random audits of Data from time to time, including but not limited to the following components:
(a) audit of login security tracking, including IP addresses of suspicious logins; and
(b) audit of PlayFootball content, whether website or competition, and Football Australia reserves the right to request any content to be removed or to remove such content itself.
4.9 Football Australia may require you to re-authenticate yourself from time to time for security reasons. Football Australia is not responsible for any information you may lose if the PlayFootball servers terminate your browser session due to prolonged periods of inactivity.
4.10 Football Australia reserves the right to pre-screen content submitted for publication on PlayFootball. Football Australia may refuse to publish or remove content that, in its sole discretion, does not meet its standards or does not comply with these Terms of use. Football Australia is not responsible for any failure to publish or delay in removing such material.
INTELLECTUAL PROPERTY AND DATA
5.1 All right, title and interest in and to PlayFootball, including content, information, computer code, software and technology embodied therein, or used in connection with PlayFootball, and any custom developments created or provided in connection with PlayFootball, including all copyrights, patents, moral rights, trade secrets, trademarks and other proprietary rights, and any derivative works thereof, belongs solely and exclusively to Football Australia or third parties.
5.2 Your Organisation retains ownership of all pre-existing copyright in materials, Data or other information which your Organisation submits to PlayFootball.
5.3 Your Organisation grants Football Australia a royalty free, perpetual, irrevocable, assignable, non-exclusive licence to use, reproduce, publish, modify, adapt, distribute and transmit any materials, Data or other information which you or your Organisation submits to PlayFootball. Your Organisation will not submit any content to PlayFootball unless it is able to grant this licence and such content shall be subject to the warranty provided in clause 2.1(e) of these Terms. Football Australia will use the licence in accordance with its Privacy Policy.
5.4 Subject to clause 5.2 above, you may view PlayFootball and its contents, however you and your Organisation are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the PlayFootball Website for any purposes without the prior written consent of Football Australia including, for the avoidance of doubt, systematic retrieval of Data or other content from PlayFootball to create or compile, directly or indirectly, a collection, compilation, database or directory
5.5 The links to third party websites that are contained within PlayFootball are provided only for your convenience. Football Australia does not endorse those third party websites or any of the products or services offered on or through them. You access those third party websites and use the products and services offered on or through them at your own risk.
PRIVACY
6.1 The Personal Information which Football Australia collects from you is used for the purpose of providing you with access as an Authorised User. Football Australia may also use your personal information in the manner set out in Football Australia's Privacy Policy which can be viewed at https://www.Football Australia.com.au/privacy.
6.2 All Personal Information you provide on the form is protected by the Privacy Act 1988 (Privacy Act) and handled in accordance with Football Australia's Privacy Policy, which contains relevant information, including:
(a) ow you may seek access to and correction of the Personal Information we hold;
(b) how you may make a complaint about a breach of the Privacy Act and how we will deal with your complaint; and
(c) the contact details of Football Australia’s privacy officer.
6.3 Football Australia may publish or disclose any of the following information of an Authorised User:
(a) name;
(b) email address;
(c) telephone number; and
(d) employment or Organisation details.
6.4 By accessing the PlayFootball, you provide your consent to your Personal Information being:
(a) handledin accordance with this privacy notice and Football Australia’s Privacy Policy; and
(b) disclosed as provided above, including to overseas recipients.
6.5 When you provide your consent to your Personal Information being disclosed to overseas recipients, you acknowledge and accept that Football Australia will not be accountable for any subsequent use under the Privacy Act, nor are you able to seek redress under that Act, for the actions of any overseas recipient.
6.6 Football Australia will not otherwise use or disclose your Personal Information without your consent, unless authorised or required by or under law.
6.7 As far as your Personal Information is concerned if you do not provide the Personal Information required on the form, Football Australia may not be able to process the form.
6.8 You and your Organisation acknowledge that although Football Australia aims to restrict access to Personal Information held within PlayFootball through the use of passwords, Football Australia cannot warrant the confidentiality or privacy of any information so submitted to, or stored in, PlayFootball. In certain circumstances, the information will need to be disclosed or used. To the maximum extent permitted by law Football Australia excludes its liability in relation to any Personal Information which is disclosed or used.
DISCLAIMER OF WARRANTIES
7.1 Football Australia disclaims all warranties and conditions of any kind, express or implied, including, without limitation, the implied warranties of title, non-infringement, conformance with description, merchantability and fitness for a particular purpose.
7.2 Football Australia does not represent or warrant that you and your Organisation will receive continual and uninterrupted access to PlayFootball. Football Australia will not be liable for any damages, losses, costs or expenses resulting directly or indirectly from or related to any failure or delay in the provision of PlayFootball access.
7.3 To the maximum extent permitted by law, all warranties, conditions and representations about PlayFootball for access and use of PlayFootball or the products and services advertised, offered to be provided or provided to Authorised Users and/or their Organisations and the information provided on PlayFootball are excluded. If a term is implied by law into these Terms and the law prohibits provisions in a contract excluding or modifying liability under that term, then it shall be included in these Terms. However, liability for a breach of such term will be limited, at Football Australia's sole option, to one or more of the following:
(a) in the case of the supply of goods:
(i) replacement or repair of the goods;
(ii) supply of equivalent goods; or
(iii) payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
(b) in the case of the provision of services:
(i) the supply of the services again; or
(ii) payment of the cost of having the services supplied again.
8. LIMITATION OF LIABILITY AND INDEMNITY
8.1 Limitation of Liability
You agree that Football Australia will not be liable to you or your Organisation for any loss, damage, costs or expenses (including consequential loss or damage, loss or corruption of Data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence) under any statute or otherwise) suffered by you or your Organisation, or claims made against you or your Organisation, directly or indirectly, arising from or as a result of or in any way related to your:
(a) your use of, or inability to use, PlayFootball;
(b) unauthorised access to or alterations of your transmissions or data;
(c) activities resulting from the loss or misuse of your username and password;
(d) any attempt to use PlayFootball without authorisation. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, harmful alterations of services, harmful and malicious destruction of data, injection of computer viruses, distribution of viruses through the use of PlayFootball, intentional invasion of privacy, reading of files without authorization; and
(e) any other matter relating to PlayFootball.
8.2 Indemnity
(a) To the maximum extent permitted by law, you and your Organisation indemnify and will keep indemnified Football Australia, Member Federations and their directors, officers, employees, agents and corporate partners from and against all costs, losses, damages or expenses of any kind that arises directly or indirectly from:
(i) your breach of these Terms;
(ii) your use or access of PlayFootball and your activities in connection with PlayFootball; and
(iii) the use or access of PlayFootball by someone using your name and password, except to the extent that any such loss, damage, cost, expense, claim proceeding or liability arises solely from any act or omission involving fault on the part of Football Australia.
(b) Each indemnity in these Terms is a continuing indemnity and Football Australia need not spend any money before exercising its right of indemnity.
9. AMENDMENT OF THE TERMS
(a) Football Australia may vary these Terms at any time.
(b) Football Australia may give notice of any variation to these Terms by all of the following means:
(i) email to the current email address/es of each Authorised User; and
(ii) posting a link to the revised Terms on a webpage within the administration area of PlayFootball.
(c) By continuing to access and use PlayFootball after such notice in clause 9(b) above you are deemed to have accepted the variation.
(d) Football Australia may also, at its discretion, require you to accept the amended Terms prior to allowing you continued access to the PlayFootball Website. If you do not wish to be bound by any changes to the Terms, you must immediately seek cancellation of your registration to the PlayFootball Website and no longer use or access the PlayFootball Website.
10. GENERAL
10.1 Clause headings have been included in these Terms for convenience only and must not be considered part of, or be used in interpreting, these Terms.
10.2 These Terms constitute the entire agreement relating to the subject matter and supersedes all prior communications and agreements as to its subject matter. Each party acknowledges and agrees that unless expressly stated in these Terms, it has not relied on any representation, warranty or undertaking of any kind in relation to the subject matter of these Terms.
10.3 If any provision, or any part, of these Terms are unenforceable or void for any reason, then:
(a) where such provision can be read down as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
(b) in any other case, such provision must be severed from these Terms in which event the remaining provisions will continue in full force and effect as if the severed provision had not been included.
10.4 Any delay or forbearance by either party in enforcing any provisions of these Terms or any of its rights under these Terms will not be construed as a waiver of such provision or right to subsequently enforce the same.
10.5 These Terms are governed by the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the Courts of New South Wales, Australia and the Commonwealth of Australia.
10.6 We can make changes to this Admin Terms & Conditions from time to time. If we think, acting reasonably, that these changes are materially detrimental to you, we will put a notice on the Platform for a reasonable period of time to let you know about them. If you continue to use the Platform after this notice period ends, you agree to follow the amended Admin Agreement/Terms & Conditions.