Terms & Conditions

[Last updated March 2022]

Our Vision: Connecting communities through the ENJOYMENT OF FOOTY

[Last updated March 2022]

https://sanfl.frmdv.com/ is made available by South Australian National Football League Inc. ABN 59 518 757 737 of PO Box 606 Tynte Street, North Adelaide, SA 5006 (SANFL). You can contact us via email admin@sanfl.frmdv.com.

When you read words “SANFL”, “us”, “our” or “we”, it means South Australian National Football League Inc. ABN 59 518 757 737, its subsidiaries, affiliates, officers, employees, agents, partners, licensors, successors and assigns, and the words “you”, “user” or “your” means you, the visitor to our online services. SANFL online services include:

• the official SANFL website – https://sanfl.frmdv.com
• the official SANFL App available on the App Store and Google play
• the live and on-demand streaming services made available via our partner VIMEO and including our streaming apps. VIMEO will supply our SANFL Now services via our website, iOS, Android, Android TV, Apple TV, Amazon Fire TV, Roku, Samsung Tizen and Xbox.
• our social media pages on Facebook @SANFLofficial, Twitter @SANFL, Instagram @SANFL_official, Youtube @SANFL
• podcast networks including Apple Music, Spotify, Amazon and iHeart Radio, distributed by SimpleCast.

By using our online services, you are agreeing to be automatically bound by these terms and conditions. Our terms and conditions include:

• Terms and conditions, including terms of use and rules of engagement for social media
• SANFL App End User Licence Agreement (EULA) https://sanfl.frmdv.com/app-terms
• SANFL App End User Licence Agreement for our livestream apps, livestream by VIMEO https://www.sanflnow.com.au/
• Privacy Policy https://sanfl.frmdv.com/privacy-policy

We encourage you to carefully read and understand these terms and conditions before using the website or any of our online services. If you don’t agree, your remedy is to stop using our online services.

We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated on our website. We have included a ‘last updated’ date at the top of these terms to help you keep track of any changes. We will also endeavour to provide notice of changes to our social media followers.

Feedback, comments or complaints

If you have any questions, please contact us at admin@sanfl.frmdv.com and we will usually respond to all enquiries within one business day.

[Last updated March 2022]

1. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party’s use and enjoyment of our online services.

You expressly agree not to:

• engage in threatening, harassing or defamatory behaviour,
• engage in any internal or external spamming, or other similar actions,
• engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions,
• hack into areas of our online services that are not intentionally made available to you,
• decompile, reverse engineer, or try to copy or imitate our online services or underlying content.

2. YOUR SANFL ACCOUNT

You must be 18 years of age to set up an account. If you are under 18 years of age, you will need a parent or legal guardian to set up an account that you can access with their permission.

You agree to provide true and correct details when setting up your account. You agree not to create more than one account with SANFL.

SANFL understand that there may be multiple users within one family on any SANFL account. Sharing outside of your family or household account is not permitted. You agree that you will not share your SANFL username and password with anyone who is not specifically authorised by you to access your account. You acknowledge that you will take all reasonable steps to ensure that no unauthorised person is able to access your account.

You are solely responsible for any costs, expenses, actions and claims made in respect of the use of your account.

You agree that we can contact you as and when needed to provide the services offered by SANFL via the email address that you use to set up your SANFL account. You acknowledge that it is your responsibility to keep your contact details up to date.

3. LINKS DISCLAIMER

Our online services may contain links to other websites (Linked Sites). The Linked Sites are not under our control, and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

4. COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY

All names, logos and trademarks are the property of SANFL or the third parties who have contributed to our online services. Nothing on our online services should be construed as granting any licence or right to use any name, logo or trade mark without the express prior permission of the owner or the relevant contributor.

You agree that all content appearing on our online services, including but not limited to text, graphics, pictures, videos, information, applications, software and other files are the proprietary property of SANFL, its users or its licensors with all rights reserved. No content on any online service 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 SANFL’s prior written approval.

Please contact admin@sanfl.frmdv.com if you require permission to reproduce any of the contents of our online services.

Permission: You may access, download, or print material from our online services for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our online services or any site accessible through our online services.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to use our online services content or our intellectual property.

5. INFRINGEMENT OF PROPRIETARY RIGHTS

If you believe that there is material on our online services that infringes third party intellectual property rights, please contact admin@sanfl.frmdv.com with sufficient information to enable us to determine who is the owner of the intellectual property, and to form the reasonable belief that there has been an infringement. We may then remove it from SANFL online services.

Any person who does not agree that there has been an infringement and who requests the intellectual property be reinstated, must first provide evidence that legal action has been taken to enforce their rights.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

6. SECURITY

We make every effort to maintain the security of our online services. However, we do not guarantee the security of our systems, our records or your data.

Continuous access to SANFL online services is dependent on third party services and requires network connectivity and location services to function. Poor signal quality due to your location or service provider may slow down or prevent audio, video and other functions from working at optimum speed, or at all. If you have concerns regarding the quality of your signal strength, please contact your network service provider directly.

SANFL online services may be inaccessible from time to time due to internal scheduling for maintenance or due to the actions of third party services that SANFL relies on to deliver the online services. Livestream services are dependent on SANFL’s streaming partner VIMEO and SANFL makes no warranty that these services will be uninterrupted or free from error.

SANFL disclaims all liability for any computer virus or technological problems that were not intentionally caused by it or are beyond SANFL’s control. You are encouraged to install and maintain up-to-date security software on your devices.

7. SOCIAL MEDIA HOUSE RULES

When linking with any SANFL social media account, you agree to comply with all SANFL terms and conditions, including the ‘house rules’ for interaction on those accounts, and the rules of the social media platform (eg. Facebook) that makes the platform available.

You agree to always:

• Be polite – even if you disagree. Offensive remarks and foul language will not be tolerated and will be removed.
• All contributions need to come from a real person and profile. Fake or anonymous contributions will be deleted.
• Multiple or repetitive contributions by a single user, or on the same general topic (even if the post content differs) whether from the same or different users, may be viewed as spam and deleted.
• Contributions which threaten or defame a person or organisation are not appropriate and will be deleted.

If you do not comply with the ‘house rules’ SANFL may remove your access to the relevant social media page, and reserves the right to remove your access to any or all SANFL online services.

8. PAYMENT, SHIPPING AND REFUNDS

Your SANFL Account is made available through SPORTSubs. This platform supports ticketing, membership fees and other payments. The SPORTSubs platform uses Stripe as its payment partner.

For payment, shipping and refund information see https://premier.sportsubs.com.au/sanfl/sanfl/home/terms for more information.

For payment terms, including refund information, for our livestream services, please see the terms and conditions of our livestream partner VIMEO: https://www.sanflnow.com.au/tos

9. LIMITATION OF LIABILITY

To the maximum extent permitted by law, any terms that would otherwise be implied by legislation, common law, equity, trade, custom or usage are excluded, as is any liability for indirect or consequential loss arising in connection with the use of SANFL online services.

Nothing in these terms and conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy conferred by the Australian Consumer Law, or any other applicable law that cannot be excluded, restricted or modified by agreement.

Where SANFL’s liability cannot be lawfully excluded, it is limited at the option of SANFL, to:

• the resupplying of access to SANFL online services, or
• the refund of the amounts paid by you for your access SANFL online services.

The maximum aggregate liability of SANFL for all proven losses, damages and claims arising out of or in connection with these terms and conditions, including liability for breach, in negligence or in tort or for any other common law or statutory action is limited to the sum of AU$100.

10. INDEMNITY

You agree that your access to and use of SANFL online services will be at your sole risk.

You agree to indemnify and defend SANFL from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) except to the extent that any wilful misconduct or negligent act or omission of SANFL contributed to the loss, relating to:

• any personal injury, death or damage to tangible property suffered by you or any third party in any way associated with your use of SANFL online services,
• any claim by a third party arising out of your use of SANFL online services,
• your unauthorised use of SANFL online services, or
• your breach of SANFL terms and conditions for online services.

Nothing in this agreement authorises you to defence, compromise or settle any claim or proceeding on behalf of SANFL.

11. DISCLAIMER

You specifically acknowledge and agree that your use of our online services is at your own risk. SANFL online services are provided on an “as is” and “as available” basis.

While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our online services for any purpose, to the maximum extent permitted by applicable law, anything contained on our online services is provided “as is” and “as available” basis without warranty or condition, whether express or implied, of any kind.

SANFL makes no promises that you will have uninterrupted or error-free access to and use of SANFL online services, or that the online services will meet your requirements.

Anything available via our online services may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via our online services.

No advice or information, whether oral or written, obtained by you from SANFL or through our online services will create any warranty not expressly stated in these terms and conditions.

Any material downloaded or otherwise obtained through the use of our online services 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.

12. GENERAL

Relationship – No joint venture, partnership, employment, or agency relationship exists between you and SANFL as a result of these terms and conditions or your use of SANFL.

Waiver – Any time or other indulgence granted by SANFL to you will not in any way amount to a waiver of any of SANFL’s rights or remedies.

Assignment – You must not assign, sublicense or otherwise transfer your rights under these terms and conditions.

Notice – You may provide notice to SANFL through the contact us page https://sanfl.frmdv.com/contact/ or otherwise by email addressed to admin@sanfl.frmdv.com. We may provide notice to you via email or other electronic means.

Governing Law – This agreement is governed by the laws of the state of South Australia, Australia. You agree to be subject to the jurisdiction of the courts of South Australia if there is a serious dispute between us.

Validity – If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect

Authorised use – Use of SANFL is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of SANFL is unauthorised, it is your responsibility to stop using it.

End.